The URL can be used to link to this page

Home My WebLink About01-21-14 (2) IN RE: ESTATE OF ROBERT J. : COMMONWEALTH OF PENNSYLVANIA LAPORTE : IN THE COURT OF COMMON PLEAS : OF THE NINTH NDICIAL DISTRICT : ORPHANS' COURT DIVISION � � �J � : NO. 2011-00026 � � �! � � : PRIOR JUDGE: Thomas A. Placey � � � =�' �,, ��, � r.� c�� '' �" (�j S��V ��i ?^r � � � :�i.:I �.„7 MOTION FOR DISTRIBUTION OF AUDITOR'S FEES AND CQST�'i �� -�-� ° =; AND ATTORNEY'S FEES �' `�' `�� -=3 �-' �-� ��.- + �� ..� �w- c., _� c-� �... j..t� AND NOW, comes Movant, Ann E. LaPorte, Executrix for the Estate�f Robert�.�� "v> � � � LaPorte, by and through her counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and moves the Court as follows: 1. Movant is the appointed Executrix of the above referenced estate. 2. Movant has filed a First and Final Accounting in this matter. 3. Following the filing of the First and Final Accounting, Objections to the First and Final Accounting were filed by Susan M. LaPorte, a beneficiary of the estate of Robert J. LaPorte. 4. The gross value of the estate, pursuant to the terms of the First and Final Accounting, is nearly $900,000.00, which is exclusive of additional non-probate assets. 5. Objectant raises as an Objection the distribution of an IRA account, which IRS is a non-probate asset and not subject to the First and Final Accounting. 6. Objectant raises as an Objection the distribution of life insurance policy proceeds, which policies are non-probate assets and not subject to the First and Final Accounting. 7. Objectant raises as an Objection the withholding of $14,000.00 for taYes on the liquidation of stocks, claiming the federal withholding tax is unaccounted for in the First and Final Accounting when, in fact, the value used in the Fist and Final Accounting for the Dow Chemical stock at issue is the date of death value of the stock and, thus, does reflect the federal withholding amount as a deduction from the amount to be distributed. 8. Objectant includes an Objection wherein she suggests that because she did not receive a K-1 statement from the estate, as she believes no t� returns were filed, this is objectionable, when, in fact, the t� returns for 2011 and 2012 have all been appropriately filed, appropriate refunds have been received and appropriate tax has been paid. 9. Objectant files an Objection where, because of an incorrect accounting of the date deadline on her behalf, she objects to the failure of the estate to file or pay sufficient funds toward the inheritance tax in order to receive a discount when, in fact, the deposit toward the tax payment was paid within three months of the date of death and, in fact, a discount was received. lO. One of the 11 paragraphs in Objectant's Objections to the First and Final Accounting is simply her request that a surcharge be imposed against the Executrix and, therefore, it is not an Objection in and of itself to the First and Final Accounting. ll. One of the 11 paragraphs in Objectant's Objections to the First and Final Accounting is a request that the Executrix fees be forfeited and, therefore, it is not an Objection in and of itself. 12. One of the 11 paragraphs in Objectant's Objections relates to the efforts on behalf of Executrix to secure a professional personal property appraisal of the personal property obtained and retained by the Objectant, to which appraisal Objectant was opposed and to which the Objectant filed an Answer opposing such an appraisal when a Petition was filed before the Court, Objectant's position being that the instructions for the preparation of the Pennsylvania lnheritance T� Return (Rev- 1500) does not require an appraisal, but allows for the personal representative to set a value on the personal property, but then Objectant filed an Objection objecting to the value placed on the personal property by the Executrix, which is an effort on Objectant's part to now oppose the very position she took in prior litigation in this matter. 13. Objectant files an Objection claiming there was $1,500.00 in Canadian money that was not distributed to her, when, in fact, the Canadian money that was present in decedent's safe, which both the Objectant and the Executrix physically saw,was three $5.00 Canadian bills. 14. One of Objectant's Objections was that a Certificate of Deposit in the decedent's name should have been distributed 100% to her under the claim that decedent allow funds to be placed in the Certificate that she claims were otherwise intended for Objectant for birthdays and Christmases, which claim is not defensible and will be unable to be proven by Objectant. 15. Objectant has repeatedly, over an extended period of time, claimed to have "evidence" to support her position regarding the Objections that she has now filed, but has consistently failed and refused to provide the claimed "evidence" to the Executrix or counsel for the estate, which would have, at least, allowed for the review of the evidence and a determination well in advance of the filing of a First and Final Accounting, as to what are obviously unsubstantiated claims made by Obj ectant. 16. The Objections of the Objectant are frivolous and without basis in law or fact, and the Objectant's conduct in this regard is dilatory, vexatious and obdurate, such that Objectant should be responsible for the Auditor's fees and costs, the attorney's fees incurred by the estate in defense of the estate to the Objectant's objections and any additional costs or fees incurred by the estate in these proceedings. WHEREFORE, Movant requests your Honorable Court to Order Objectant, Susan M. LaPorte, to compensate the Auditor for his fees and costs associated with addressing the objections filed and compensate the estate for attorney's fees incurred in defending the estate in this matter and that Objectant be financially responsible for any other fees and costs incurred in these proceedings. Respectfully submitted, iffie, Esquire ttorne� or Movant Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. ;r'� DATE: :ta 1`1 �'C.J�V�I.. � ��'�--�'�`• '� - I ANN E. LAPORTE IN RE: ESTATE OF ROBERT J. : COMMONWEALTH OF PENNSYLVANIA LAPORTE : IN THE COURT OF COMMON PLEAS : OF THE NINTH JUDICIAL DISTRICT : ORPHANS' COURT DIVISION : NO. 2011-00026 : PRIOR JLTDGE: Thomas A. Placey CERTIFICATE OF SERVICE s� I, Bradley L. Griffie, Esquire hereby certify that I did, the o�I day of January, 2014 cause a copy of a Motion for Distribution of Auditor's Fees and Costs and Attorney's Fees to be served upon the Auditor, Robert P. Kline, Esquire, and the Petitioner, Susan M. LaPorte, by serving her attorney of record by first class mail, postage prepaid, at the following addresses: Robert P. Kline, Esquire PO Box 461 New Cumberland, PA 17070 Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 DATE: I �-1 ��1 a � ie, Esquire e or Movant