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HomeMy WebLinkAbout04-26-13 C1.) Ctiy ca M Keith O. Brenneman, Esquire co Snelbaker&Brenneman,P.C. Z-7 Cy. 44 West Main Street Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Petitioners CD IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF BETTY J. SIPOS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-10-1134 OBJECTIONS TO FIRST AND INTERMEDIATE ACCOUNT OF ARPAD K. SIPOS, EXECUTOR Petitioners Barry L. Heckard and David S. Heckard, Jr,, by their attorneys, Snelbaker& Brenneman, P. C., submit these Objections to the First and Interim Account of Arpad K. Sipos, Executor, as follows: 1. Petitioners Barry L. Heckard and David S. Heckard, Jr. on January 4, 2013 filed a Petition For Citation to Show Cause Why Executor Should Not File an Inventory and Account of Administration. 2. On January 10, 2013 the Court issued an Order issuing a Citation upon all interested parties to show cause why the relief requested in the Petition referenced above should not be granted. LAW OFFICES SNELBAKER& 3. On February 27, 2013 the Court issued an Order granting the Petition For Citation BRENNEMAN, P.C. Directing the Filing of a Formal Interim Accounting. A) 4. On or about April 8, 2013, the First and Intermediate Account(the "Account")of Arpad K. Sipos, Executor was filed in this matter. 5. Petitioners object to the Account for the following reasons, among others: A. The Executor claims various expenses asserted to have been incurred with respect to property of the Estate at 2121 Old Hollow Road, Mechanicsburg, Pennsylvania that total $125,300.00, which expenses are alleged to have been incurred beginning June 1992,more than 18 years prior to the death of Betty J. Sipos,through October 7, 2010; B. The Executor has failed to provide, after repeated requests, any documentation in support of or justifying the various expenses and costs that the Executor claims are Estate expenses totaling $125,300.00; C. The expenses claimed by the Executor with respect to 2121 Old Hollow Road for the period June 1992 through October 2010 are excessive, exaggerated, undocumented and speculative; D. It is believed and therefore averred,that many, if not all, of the expenses claimed by the Executor are not expenses of the Estate and have never been documented by invoices,receipts, estimates, proposals or contracts; E. The Executor claims that from October 2010 through December 2012 there are unpaid Estate expenses exceeding $62,066.86 owed to the Executor or to a purported company, Heckard Construction Co., which is a company claimed to be owned and operated by the Executor; F. The Executor has failed to provide, after repeated requests, any LAW OFFICES SNELBAKER& documentation in support of or justifying the various expenses and BRENNEMAN, P.C. costs that the Executor claims are Estate expenses totaling$62,066.86; 2 G. The expenses claimed by the Executor with respect to 2121 Old Hollow Road for the period October 2010 to December 2012 are excessive, exaggerated,undocumented and speculative; H. It is believed, absent any documentation that the Executor can provide,that many, if not all of the expenses claimed from October 2010 to December 2012 are not expenses of the Estate. 1. Repeated requests have been made for supporting documentation for all expenses associated with real estate in the Estate claimed by the Executor and no such documentation has been forthcoming; J. Absent the Executor providing fee agreements, invoices and/or statements, the attorney's fees claimed in the Account appear excessive; K. The commission claimed by the Executor; that is, $25,000.00, is excessive and for the reasons stated above unwarranted and unjustified, and L. Those reasons that may or will arise upon review of documents, if any shall be produced,that Executor claims support any Estate expenses noted in the Account. WHEREFORE, Petitions request this Court to issue an Order. A. Denying the validity of all expenses claimed by the Executor for the period of June 1992 through present and find they are not proper expenses of the Estate, but payable by Arpad K. Sipos individually; B. Order and direct that the Executor produce and provide to the Petitioners any and all documentation that exists in support of all expenses claimed and income LAW OFFICES SNELBAKER& received with respect to the property at 2121 Old Hollow Road and attorney's BRENNEMAN, P.C. paid or to be paid; and 3 C. Grant such other relief to the Petitioner which this Court deems just and appropriate. SNELBAKER&BRENNEMAN, P. C. Keith Q. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioners Barry L. Heckard and David S. Heckard, Jr. Date: April 24, 2013 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 4 VERIFICATION I verify that the statements made in the foregoing Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. David S. Heckard, Jr. Date: LAW OFFICES SNELBAKER& BRENNEMAN, P.C. VERIFICATION 1 verify that the statements made in the foregoing Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. tarry L. Heckard Date: April 24, 2013 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Objections to First and Intermediate Account to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ryan R. Gager, Esquire Saul Ewing, LLP Center Square West 1500 Market Street 38`" Floor Philadelphia,PA 19102-2186 SNELBAKER& BRENNEMAN, P.C. By: t Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Date: April 26, 2013 Attorneys for Barry L. Heckard and David S. Heckard, Jr. LAW OFFICES SNELBAKER& BRENNEMAN, P.C.