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HomeMy WebLinkAbout02-22-13 c C-1> M rn © --T1 T o rn `a n CM =C -1 r- =m rv 3> 70 Ryan R. Gager, Esq. a C> Saul Ewing LLP 4 -n - Centre Square West c~ P-- 1500 Market Street, 38th Floor r a Philadelphia, PA 19102 v> o -n (215) 972-7777 Attorneys for Executor IN RE: ESTATE OF BETTY J. SIPOS, IN THE COURT OF COMMON PLEAS DECEASED OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION No. 21-10-1134 ANSWER TO PETITION FOR CITATION TO SHOW CAUSE WHY EXECUTOR SHOULD NOT FILE AN INVENTORY AND ACCOUNT OF ADMINISTRATION TO THE HONORABLE JUDGE OF SAID COURT: The Executor, Arpad K. Sipos, hereby answers the Petition of Barry L. Heckard and David S. Heckard, Jr., as follows: 1. Admitted, upon information and belief. 2. Admitted, upon information and belief. 3. Admitted, upon information and belief. 4. Admitted. 5. Admitted. 6. Denied to the extent inconsistent with the Decedent's Last Will and Testament, dated November 15, 2007 (the "Will") which, being a document in writing, speaks for itself. 7. Admitted. 1449378.1 02/19/2013 8. Denied. The Executor filed the Pennsylvania Inheritance Tax Return on January 11, 2013. By way of further answer, prepayment of Pennsylvania Inheritance Tax was made on December 9, 2010, and it is estimated that no Inheritance Tax is now due. 9. Denied. The Executor filed an inventory with the Office of the Register of Wills on January 11, 2013. 10. Admitted. 11. Admitted. 12. Denied as stated. It is admitted that the Executor, through his counsel has provided information about the Estate to the Petitioners. It is denied that the Executor has refused or failed to provide more specific information. The Executor has responded to requests for information in the past, and continues to work to provide additional information to the Petitioners. Some of the information requested by the Petitioners is not readily available, but the Executor has not refused to provide information in response to reasonable requests by any beneficiary of the Estate, and will continue to work to provide information to the Petitioners. 13. Denied as stated. It is admitted that the Executor has identified maintenance costs associated with real estate that is part of the Estate. It is denied that those costs are excessive or inflated. Answer to I. Petition for Citation Directing Filing of an Inventory 14. Denied. The Executor incorporates the answers in paragraphs 1 through 13, above, as if set forth fully herein. 15. Denied to the extent inconsistent with the writing dated April 6, 2011, which, being a document in writing, speaks for itself. _2- 1449378.102/19/2013 16. Denied. The Executor filed an inventory with the Office of the Register of Wills on January 11, 2013. 17. Denied to the extent inconsistent with the October 12, 2012 request, which, being a document in writing, speaks for itself. 18. Denied. On September 25, 2012, counsel for the Executor sent a letter to counsel for the Petitioners and provided a draft of the inventory and the Pennsylvania Inheritance Tax Return. In addition, the Executor filed an inventory with the Office of the Register of Wills on January 11, 2013. 19. Denied as a conclusion of law to which no responsive pleading is required. Answer to II. Petition for Citation Directing Filing of a Formal Interim Accounting 20. Denied. The Executor incorporates the answers in paragraphs 1 through 19, above, as if set forth fully herein. 21. Admitted. 22. Denied as a conclusion of law to which no responsive pleading is required. By way of further answer, the Executor is preparing his interim account of his administration and will file it with Court within 45 days of this Answer. It is denied that any maintenance fees incurred by the Estate are excessive. 23. Denied as a conclusion of law to which no responsive pleading is required. 24. Denied as a conclusion of law to which no responsive pleading is required. 25. Admitted, upon information and belief. -3- 1449378.102/19/2013 WHEREFORE, because the Executor has filed an inventory with the Office of the Register of Wills, the Petitioners' request for a Citation for the Executor to show cause why an inventory should not be filed is moot. Further, the Executor is preparing his interim accounting of his administration of the Estate and will file that accounting within 45 days of this Answer. The Executor respectfully requests that this Court allow him that amount of time to file his account, at which time the Petitioners will be able to file any objections that they deem to be appropriate. Dated: February 22, 2013 Respectfully submitted, y R. Gager, q re Attorney I.D. N6. 93990 Saul Ewing LLP Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg, PA 17101-1619 (717) 257-7500 Counsel for Executor -4- 1449378.102/19/2013 CERTIFICATE OF SERVICE I, Ryan R. Gager, hereby certify that I served a true and correct copy of the foregoing document via first-class mail, postage prepaid, upon the following on February 22, 2013: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Counsel for Petitioners Barry L. Heckard and David S. Heckard, Jr. y R. Gager -5- 1449378.102/19/2013 VERIFICATION Arpad K. Sipos hereby verifies that the facts in the foregoing Answer to Petition are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Arp K. Sipos -6- 1449378.1 02/19/2013