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HomeMy WebLinkAbout12-21-12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: . ORPHANS' COURT DIVISION ESTATE OF HELEN F. GROUSE, l ~ DECEASED N0.21~=0926 ANSWER TO PETITION FOR INHERITANCE TAX APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this 20t" day of December, 2012, comes the Commonwealth of Pennsylvania, Department of Revenue, through its Office of Chief Counsel and by its Senior Counsel, Lora A. Kulick, and respectfully responds to this Petition as follows: 1. Paragraph one is admitted. 2. Paragraph two is admitted. ~ o :~ ~ ~ ~, m 3. Paragraph three is admitted. ~ ,~~,. ~ ~ ~ d P" ~ m r`v ~ to ~'t ~ 4. Paragraph four is admitted. ~'~ ~, ''~ ~~ c~ ~ C~ C~ .~ 'vf `~ ~~ c--: -=3 Yea -.?~- 5. Paragraph five is admitted. ~=~' ~~~~ `-~ ~ ,. r> 3-. . ~-' CPJ C~ 6. Paragraph six is admitted. ~'? ~' 7. Paragraph seven is admitted. 8. Paragraph eight is admitted. 9. Paragraph nine is admitted. 10. Paragraph ten contains conclusions of law to which no responsive pleading is required under PA. R.C.P. The same therefore are denied. Furthermore, Paragraphs ten a j are denied. The Department is without knowledge or information sufficient to form a belief as to the purpose of the partnership or its specific characteristics' motivation to the partners; the purpose for which it was formed; how it operated; whether contributions or distributions were made; how partnership assets were used; whether decedent retained assets to support her costs of living; how all partnership assets were held; when decedent exercised any management powers; or any other operations or specifics of the partnership. Specific proof is demanded. WHEREFORE, the Commonwealth of Pennsylvania, Department of Revenue respectfully requests that this Court deny the Petition and sustain the Department's assessment in full. Respectfully submitted by, Lora A. K c Attorney for Respondent PA Department of Revenue Office of Chief Counsel P.O. Box 281061 Harrisburg, PA 17128-1061 Attorney I.D. No. 69436 COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF DAUPHIN : The undersigned, being duly sworn according to law, deposes and says that he is a Trust Valuation Specialist in the Inheritance Tax Division of the Bureau of Individual Taxes for the Commonwealth of Pennsylvania, Department of Revenue, that he is authorized to make this affidavit on its behalf, and that the averments of the foregoing are true and correct to the best of his knowledge, information and belief. Brian H. Belske Sworn to and Subscribed before me thisay of,~~012 No lic My Commission Expires: i3, a ~?I~ ...... . ~~ ~ ~~~ No1ary- PurNc wwa~seur~ cm, owe couitr Ny commi:slon Epp Junta. 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I1V RE: ORPHANS' COURT DIVISION ESTATE OF HELEN F. GROUSE, DECEASED N0.2122-0926 CERTIFICATE OF SERVICE I hereby certify that I am this 20th day. of December, 2012 serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of Pa. Orphans' Court Rule 5: SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hamilton C. Davis, Esq. Zullinger Davis, PC 14 North Main Street Suite 200 Chambersburg, PA 17201 Lora .I Attorney for Respondent PA Department of Revenue Office of Chief Counsel P.O. Box 281061 Harrisburg, PA 17128-1061 Attorney I.D. No. 69436