The URL can be used to link to this page

Home My WebLink About01-31-14 RECORDED OFFICE OF REGIS{T}ER OF !',`ILLS((� J"IV 31 i+7 i 2 JU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYOhpP�i ffYEVANIIA ORPHAN'S COURT DIVISION COLT CUMBERLAND CO., PA In Re Estate of Donna J. Fritz, Deceased No. 21-13-1009 PETITION TO REMOVE ROBERT L. FRITZ AS CO-EXECUTOR OF THE ESTATE OF DONNA J. FRITZ OR IN THE ALTERNATIVE TO REVOKE THE LETTERS TESTAMENTARY ISSUED TO THE CO-EXECUTORS AND TO ISSUE LETTERS OF ADMINISTRATION D.B.N.C.T.A. TO THE HONORABLE JUDGES OF THE SAID COURT: Your Petitioner, Jodi A. Fritz, hereby files this Petition and respectfully represents that: 1. Your Petitioner is Jodi A. Fritz, an adult individual with a mailing address of JAF Station, P.O. Box 8067, New York, NY 10001. . 2. Your Respondent is Robert L. Fritz,an adult individual residing at 105 Kings Highway, Marysville, Perry County, PA 17053. 3. Petitioner and Respondent are the adult children of Donna J. Fritz, ("Decedent"), who died on June 19, 2013. 4. Decedent died testate, having executed a last Will and Testament dated July 24, 1979, ("the Will"), in which she appointed Petitioner and Respondent as the co- executors of the Estate of Donna J. Fritz ("the Estate"). 5. Subsequent to the execution of the Will, Decedent had a failing out with the Respondent and by a duly executed Power of Attorney, the Decedent appointed her attorney, Diane G. Radcliff, Esquire, and her assistant, Deborah L. Donley, as her attorneys-in-fact. Pursuant to that Power of Attorney, Diane G. Radcliff, Esquire and Deborah L. Donely, handled all of the Decedent's financial affairs during the period from January 2011 until her death on June 19, 2013, all at no cost or charge to Decedent. 6. Following the death of the Decedent, Respondent asked Petitioner to renounce her right to act as co-executor of the Estate. In response Petitioner retained the services of Diane G. Radcliff, Esquire who by letter dated August 9, 2013: �t y �+ (A) advised Respondent that Petitioner would not renounce; (B) requested that a time be scheduled to probate the Will; (C) suggested that the parties retain an attorney to represent the Estate. 7. Respondent ignored Petitioner's letterdated August 9, 2013 and failed to producethe Will, and otherwise failed to take any action for the administration of the Estate. 8. Because the Respondent ignored the Petitioner's August 9, 2013 letter, on September 19, 2013 Petitioner filed a "Petition for Citation to Produce the Will of Donna J. Fritz, Or, in the Alternative, to Show Cause Why Letters of Administration Should Not Be Granted". 9. On October 7, 2013, Respondent produced the Will to the Register of Wills and filed a Petition for Grant of Letters Testamentary solely to Respondent, ignoring the provision in the Will that appointed both Petitioner and Respondent to that capacity. 10. On November 21, 2013, a hearing was held on Petitioner's aforesaid Petition, at which hearing Petitioner and Respondent advised the Register of Wills that they believed they could work jointly with each other to administer the Decedent's Estate. As the result of that representation and pursuant to the terms of the Will, Letters Testamentary were issued to Petitioner and Respondent. 11. At the conclusion of the November 21, 2013 hearing, Petitioner's Attorney, Diane G. Radcliff, Esquire offered to secure the EIN for the Estate, but that offer was turned down by the Respondent, whose friend stated that Respondent would take care of it. 12. On November 27, 2013, Petitioner through her attorney, Diane G. Radcliff, Esquire, sent Respondent a letter regarding the Administration of the Estate. A true and correct copy of the November 27, 2013 letter is attached hereto, marked Exhibit "A" and made a part hereof. Respondent never responded to that letter. 13. Respondent has failed to contact Petitioner or take any action to jointly administer the Estate and it is believed that the Petitioner and Respondent are not able to jointly administer the estate. 14. Petitioner is willing to promptly and properly administer the Estate by herself including without the inaction and failure to communicate by Respondent,which administration would include, but not limited to the following: (A) hiring an attorney to assist her in the administration of the Estate; (B) securing an Estate EIN number; (C) opening an Estate Account; (D) depositing the checks and other funds received by the Estate into the Estate Account; (E) paying last debts including the Estate's past due bills; (F) preparing and filing the PA Inheritance Tax Return that is required to be filed by March 24, 2014, as may be properly extended, and paying all inheritance taxes that may be due; (G) preparing and filing the Decedent's income tax returns, including the one to be filed by April 15, 2014. (H) preparing and filing the final accounting for the Estate. (1) Otherwise completing the proper administration of the Estate. 15. In the alternative, if the Court does not believe it is in the Estate's best interest to permit Petitioner to act as the sole Executrix of the estate, then Petitioner believes that it would be in the best interest of the Estate for Letters of Administration d.b.n.c.t.a. be granted to a qualified third party to be appointed by the Court. WHEREFORE, Petitioner respectfully requests that an Order be entered requiring Respondent, Robert L. Fritz, to show cause why the Letters Testamentary, granted to Respondent, Robert L. Fritz should not be revoked or in the alternative why the Letters Testamentary, granted to Respondent, Robert L. Fritz and Petitioner, Jodi A. Fritz, be revoked and Letters of Administration d.b.n.c.t.a. be granted to a qualified third party appointed by the Court. Dated: A l Respectfully submitted, ftE-6. ADCLIFF, ESQUI E 3 Tri a Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 Attorney for Petitioner, Jodi A. Fritz 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 falsification to authorities. odi A. Fritz ate: �d✓l � , o7-d/ T—� ;r yL DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 Facsimile: 717-975-0697 Email: dianeradcliffna.comcast.net November 27, 2013 Mr. Robert Fritz 105 Kings Highway Marysville, PA 17053 Re: Estate of Donna Fritz Dear Mr. Fritz: As a supplement to the accounting and financial documents I provided to both you and Jodi on November 27, 2013, 1 am herewith providing you with copies of the following documents: 1. Lease with Option to Purchase dated April 1, 2012 regarding your mother's real estate located at 266 Montebello Farm Road, Duncannon, PA. 2. Statement issued by Bank of Landisburg regarding the notice of renewal of Certificate of Deposit#700021062. Please not that this Certificate of Deposit will automatically renew for six months ending April 8, 2014 unless action is taken. I have not received notification from you for transmittal to Jodi that you have obtained an EIN number for the Estate. If you are not able to obtain that number by Friday, December 13, 2013, Jodi will take that action for the Estate. Nor have you advised me the name of the bank where you would like to establish the Estate account. In suggesting a bank, Jodi would like to advise you that it would be easer if one was selected that does business in both the Harrisburg area as well as in New York City. In any event, it is imperative that you take immediate action. The estate has past due bills that must be paid. Additionally, the inheritance tax return must be prepared and filed by March 24, 2014, 9 months from the date of your mother's death. Failure to take appropriate action as the administrator of the estate will only harm the two of you financially. I also again suggest that you and Jodi select a neutral attorney to represent the estate. By doing so, not only will you receive appropriate legal advice and guidance, but also it would enable me to remove myself from representing Jodi as such additional legal service EXHIBIT "A" Page 2 Re: Estate of Donna Fritz November 27, 2013 would not be required. Since obviously you have major issues with me, I would think that you would want to take action to see that this is accomplished. Last, I would like to caution you about making derogatory statements about me. If you continue to do so, I will have to take appropriate action including the filing of a defamation law suit against you. Please govern yourself accordingly Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure: Transmitted to Addressee by mail cc:Jodi Fritz w/encl by mail cc: File 38-13-E