HomeMy WebLinkAbout07-18-13 1N RE: ESTATE OF KENNETH E. : COMMONWEALTH OF PENNSYLVANIA
McCLAIN, II : IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL I�bSTRICT �='
: ORPHANS'COURT DIVISI�1 c� `y`� '' °��
� 3,-; �a
: NO. 21-13-00376 �� �`� _ - �
r� �-^. , -- _
PETITION TO STRIKE CLAIM � cT` �= �
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AND NOW, comes Petitioner, Penny E. Zimmerman, by and through her-�ounsel;.�
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Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates; P.C., an�eti�ions=
the Court as follows:
1. The above named decedent, Kenneth E. McClain, II, passed away on March 25,
° 2013.
2. The Last Will and Testament of the decedent, dated March 6, 2013, was offered
to probate and accepted by the Register of Wills on Apri13, 2013.
3. Your Petitioner was appointed as Executrix of the estate of Kenneth E. McClain,
II, by Certificate of Grant of Letters on Apri13, 2013.
4. By a document dated June 5, 2013, Notice of Claim was presented to counsel for
the estate, Bradley L. Griffie, Esquire, filed by Edythe M. McClain, 4925 Shasta
Way, Mechanicsburg, PA, 17050, through her counsel, Jerome J. McDonald,
Esquire, of 210 Tiverton Lane, Harrisburg, PA, 17112, a copy of which Notice of
Claim is attached hereto and incorporated herein by reference as E�ibit"A.'
5. The Claimant sets forth as the basis for her claim the transfer of$35,000.00 by
check to the decedent on May 18, 2011, without further evidence of her claim, a
copy of which check is attached hereto and incorporated herein by reference as
E�ibit`B:
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6. There is no written evidence of any manner in existence suggesting that the sum
of$35,000.00 that was provided by Claimant, Edythe M. McClain, to decedent,
Kenneth E. McClain, II, was in any way funds that were to be repaid by the
decedent to the Claimant.
7. Your Petitioner does not believe that the claim for reimbursement of the
$35,000.00 distribution by the Claimant is due and owing to the Claimant.
8. Petitioner is prepared to file her Pennsylvania lnheritance T� Return and has
previously made a deposit to the Commonwealth of Pennsylvania, Department of
Revenue, toward the inheritance t� due in this estate.
9. The claim of Edythe M. McClain will dramatically affect the claims against this
estate and, therefore, the inheritance tax due from the estate, such that having this
matter resolved in advance of filing the Inheritance T� Return will be of benefit
to all concerned with the estate.
10. The Claimant is the natural mother of the decedent, Kenneth E. McClain, II.
1 l. Despite requests made by counsel for the estate upon the Claimant and her
counsel for any and all documented evidence suggesting the distribution made to
the decedent was in some form or under terms that required repayment, no such
evidence has been provided.
WHEREFORE, Petitioner requests your Honorable Court to issue a Citation upon the
Claimant, Edythe M. McClain, to show cause, if any she has, as to why her claim filed in
this estate should not be dismissed.
Respectfully submitted,
. ' fie, Esquire
ey r Petitioner
upreme Court ID No. 34349
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements rnade in the foregaing document are true and correct. I
understand that false statements herein are rnade subject to the penalties of 1$ Pa.C.S.
Sectian 4904,relating to unsworn falsification to authorities.
DATE: �� � C� x 1 ,� �.l�,•`� C � ''�,�L�°'�----�-`.
Penny E. Zi erman `
IN RE: ESTATE OF KENNETH E. : COMMONWEALTH OF PENNSYLVANIA
McCLAIN, II : IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT
: ORPHANS'COURT DIVISION
: N0. 2013-00376
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire hereby certify that I did, the J�day of July, 2013,
cause a copy of Petitione�'s Petition to Strike to be served upon the Claimant/Respondent,
by serving her attorney of record by first class mail, postage prepaid, at the following
address:
Jerome J. McDonald
210 Tiverton Lane
Harrisburg, PA 17112
DATE:
iffie, Esquire
orne or Petitioner
l�d?TICE f3F �LA►�1VI
(�a�ed Pursua,nt to 20 Pa.C.S. § 3532)
CQURT OF COIvtMON PLEAS aF
Cumberland C4U�1'TY,P�N�SYLVA.I�ITA
OR�'HANS' C(7URT DIVISION ,
ESTATE OF Kenneth E. McClain, 11 .I�ECEA�ED
No.��-13-0376
To the Clerk of the Or�►haris' �o�urt Division:
Ent�r the claim af ��Y��e M. McCiain ���e
{ctat,xmrt�
amc�unt of$ �5��d�•�� ,against the abave entitled Estate.
The L�ecedent,who resided at ��3 Ridge Hifl Road, Mechanicsburr.,�PA 17050
r�raaa��-
,died an M��'ch 25, 2�13 . Wrztten notice of
fDateaf I�eathl
s�id elaim was given tc� E3t`�d�ey �.. Griffie, Esquire
�� 240 Narth M�nover Street, Carlisle,�PA 17Q13����$`�h�:��r�u►��r�
(,ldtlres8)
on �,/.s/G',��' .
r�ef � � I/( � �..X.Ci�t.rfi-}
(Gtahnmst�
4925 Shasta VVav
v�� `C"' ��� {S'n�er.�ddnaa)
�/��"�- �'`f Mechanicsburc�, PA 17050
3erome J.McDonaid (Ciry srare.zrp>
44697
{Clc!»u»et's CuvnselJ (SuLreme Cour11.D,No.J
210 TiVert�n �ar�e .
(.9ddre�ssJ
Harrisburg, PA 17��2
717-566-2127
(7'elepiwne) '
Fnrm OC-07 rev.J0.13.Ob �
Exhibi� "A"
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Exhibit "B"