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IN RE: ESTATE OF KENNETH E. : 1N THE COURT OF COMMON PLEAS
McCLAIN, II ; OF THE NINTH JUDICIAL DISTRICT
: ORPHANS' COURT DIVISION
: N0. 21-13-003 76
IN I�E: ANSWER TO PETITION TO STRIKE CLAIM
AI\TD NOW, comes Respondent, Edythe M. McClain, by and through her attorney,
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Jerome J. McDonald, Esquire, and avers as follows: � c� � ;� �
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1. Admitted. � �� �-;; <.��.� �tl,.;� ::�
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2. Admitted. .�,i � �,;, � �,,t �,�
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:�. Adnlitted. �`� ��a _..,�- �?�
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4. Admitted. = �'
5. Admitted.
6. It is admitted there is no �c�ritten documentation the funds transferred by Respondent to
Decedent were a loan. By way of further response, Respondent will testify in Court
under oath, if necessary, she had made prior loans over the years to Decedent and his
brother, Charles Mumma, and never had either of them sign a Promissory Note or
other documentation ta evidence the loan nor did she demand regular payments.
Respandent will also testify she did not file a Gift Tax Return following the transfer of
the funds v��hich she would be obligated to do if the transfer of funds was in fact a gift.
By way of further response, Charles Mumma will also testify, if necessary, that he
received funds frorr� Respondent that were loans and was not required to sign
documentation evidencing the loan and was not required to make regular payments.
Respondent would ask the CoLirt to consider why she,the elderly mother of Decedent,
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would admit to violating the IRS Regulations if the funds transfer was in fact a gift.
The reason a Gift Tax Return was not filed is because it was a loan.
7. See response to Item 6 above.
8. Respondent has no knowledge of this averment and, therefore, makes no response.
9. It is admitted the claim against the Estate will affect the Estate but it is a valid claim
and should be paid like any other claim or expense of the Estate and then the
Inheritance Tax Return can be filed.
10. Admitted.
11. Admitted in part that no documentation was provided. By way of further response, see
Item 6 above.
W�-�FREFORF., Respondent requests your Honorable Court to order Petitioner to pay
Respondent the valid claim of$35,000.0.
Respectfully submitted,
By: 'rn�-- P
� me J. onald, Esquire
ttorney I.D. #44697
210 Tiverton Lane
Harrisburg, PA �7112
(717) 566-2127
Attorney for Respondent
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I verify that the statements made in the foregoing document are true .and correct.I understand
that false staternents herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
,
, DATE:�_� �1 J� � �
Edythe . c lain
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IN RE: ESTATE OF KENNETH E. : IN THE COIJRT GF COMMON PLEAS
McCLAIN, II : OF THE NINTH JUDICIAL DISTRICT
: ORPHANS' COURT DIVISION
: NO. 21-13-00376
CERTIFICATE OF SERVICE
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I, Jerome J. McDonald, Esquire hereby certify that I did, the�_day of August 2013, cause a
copy of Respondent's Answer to Petition To Strike Claim to be served upon Petitioner, by
serving her attorney of record by first class mail,postage prepaid, at the following address:
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
DATE: . O—/3 c
r e J. M onald, Esquire
ttorney for Respondent
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