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IN RE: FIRST AND FINAL IN THE COURT OF COMMON PLEAS OF
ACCOUNT OF JAMES D. BOGAR, CUMBERLAND COUNTY, PENNSYLVANIA
EXECUTOR FOR THE ESTATE OF
FLORENCE M. FASICK, LATE OF
LOWER ALLEN TOWNSHIP, CIVIL DOCKET NO. 21-2012-0271
PENNSYLVANIA, DECEASED ORPHANS' COURT DIVISION
ANSWER TO COMMONWEALTH'S OBJECTIONS TO FIRST AND FINAL
ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION
AND NOW, comes James D. Bogar, as Executor of and attorney
for the Estate of Florence M. Fasick, deceased, and files this
Answer to Commonwealth's Objections to the First and Final
Account and Statement of Proposed Distribution, and sets forth as
follows:
1. Admitted in part and denied in part. It is admitted
that the First and Final Account and Statement of Proposed
Distribution, as filed, proposes to pay legal fees in the amount
of $44,500. In addition, there is no written agreement as to
legal fees to be charged with respect to the administration of
this Estate. By way of further answer, the proposed legal fees
are reasonable and just given the Estate's value and asset mix,
along with the amount of work successfully undertaken with
respect to the administration of the Estate. Furthermore, an
Executor's commission was not claimed, resulting in a substantial
reduction in the costs of administration of this Estate. The
Pennsylvania Department of Revenue by virtue of its Notice of
Inheritance Tax Appraisement, Allowance or Disallowance of
Deductions and Assessment of Tax dated August 27, 2012 did not
object to the legal fees in the amount of $44,500 as set forth in
the Pennsylvania Inheritance Tax Return. Finally, it is
specifically denied that the legal fees are unreasonable or
unjust .
2. Admitted in part and denied in part. It is admitted
that publication occurred in the Cumberland Law Journal and the
Central Penn Business Journal. The Central Penn Business Journal
qualifies as a newspaper of general circulation pursuant to 20
Pa. C.S. §3162. The remaining averments in paragraph 2 are legal
conclusions to which no response is required. To the extent that
a response is required, the remaining averments are denied.
3. Admitted. The Estate agrees that all bona fide issues
should be disposed of as expeditiously as possible such that
confirmation of the First and Final Account and Statement of
Proposed Distribution can take place in a timely fashion.
WHEREFORE, James D. Bogar, as Executor of and attorney for
the Estate of Florence M. Fasick, requests the Commonwealth's
Objections to the First and Final Account and Statement of
Proposed Distribution, in their entirety, be dismissed with
prejudice, and that this Honorable Court confirm the First and
Final Account and Statement of Proposed Distribution, absolutely
2
and, further, grant to James D. Bogar, attorney for the Estate of
Florence M. Fasick, attorney's fees, court costs, and further,
any and all other relief deemed just and reasonable.
Respectfully submitted,
Date: November 21, 2012
J es D. Bo ar Attorney and
Executor of h Estate of Florence
M. Fasick, De eased
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
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VERIFICATION
I, James D. Bogar, verify that the statements made in this
Answer to Commonwealth's Objections to First and Final Account
and Statement of Proposed Distribution are true and correct. I
understand that unsworn statements herein are made subject to the
penalties of 18. Pa. C.S.A. X4904, relating to unsworn
falsification to authorities.
Date: November 21, 2012 '
Jam s D. Bogar
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
Answer to Commonwealth's Objections to First and Final Account
and Statement of Proposed Distribution upon the following
persons, by mailing same by first-class U.S. mail, postage
prepaid, as follows:
Michael T. Foerster, Sr. Deputy Attorney General
Charitable Trusts and Organizations Section
Pennsylvania Office of Attorney General
14th Floor, Strawberry Square
Harrisburg, PA 17120
Debra P. Fourlas, Esquire
McNEES, WALLACE & NURICK
Attorney for Elizabethtown College
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
Kendra McGuire, Esquire
McNEES, WALLACE &: NURICK
Attorney for Elizabethtown College
570 Launch Lane, Suite 200
Lancaster, PA 17601
Virginia Bone
126 Clearview Drive
Camp Hill, PA 17011
Marianna Davis
2300 Dulaney Valley Road, Apt. C004
Timonium, MD 21093
Marcia M. Montgomery
660 Bamberger Road
Etters, PA 17339
Bethesda Mission
611 Reilly Street
Harrisburg, PA 17102
Nursing Foundation of Pennsylvania
2578 Interstate Drive
Suite 101
Harrisburg, PA 17110
David R. Galloway, Esquire
Attorney for Peter Montgomery
54 E. Main Street
Mechanicsburg, PA 17055
Craig J. Staudenmaier, Esquire
Joshua D. Bonn, Esquire
Attorneys for Central Penn Business Journal
200 North Third Street, 18th Floor
P.O. Box 840
Harrisburg, PA 17108-0840
Date: November 21, 2012
Jam s D. Bog squire