HomeMy WebLinkAbout04-22-14 r„
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Craig A.Diehl,Esquire o
Law Offices of Craig A.Diehl `' p T
3464 Trindle Road
Camp Hill,PA 17011
Phone:(717)763-7613
Fax: (717)236-1816
cdiehl @cadiehllaw.com
IN RE ESTATE OF RENA G. BURK, IN THE COURT OF COMMON PLEAS
deceased OF CUMBERLAND COUNTY,
PENNSYLVANIA
Estate No. 21-13-0799
RESPONDENT'S ANSWER TO PETITION
FOR DECREE TO COMPEL PERSONAL REPRESENTATIVE
TO FILE, INVENTORY AND ACCOUNTING
NOW COMES, Administratrix/Respondent, Kathy L. Hughes, by and through her
undersigned counsel, and files this Answer to Petition for Decree to Compel Personal
Representative to File Inventory and Accounting, averring as follows:
1. Admitted.
2. Admitted in part, denied in remainder. It is admitted that the Decedent died on
June 1, 2013, It is denied that letters of administration were granted on June 29, 2013. The
correct date letters of administration were granted to Kathy L. Hughes was July 29, 2013.
3. Admitted,
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part, denied in remainder. It is admitted that no Pennsylvania
Inheritance Tax return nor Inventory of the Estate of Rena G. Burk has been filed. Respondent
denies any insinuation that by not filing these documents she has mismanaged assets of the estate
or failed in her duties as Administratrix. By way of further answer, the lack of filing in this
matter is due to the fact that the estate's largest asset, the Decedent's real estate, required
extensive renovations in order to list the property for sale and receive a satisfactory amount from
said sale. Renovations took several months to complete, and Respondent just recently listed the
property for sale. Respondent expects to use whatever funds are received from the sale to pay
administrative fees, the amount owed to the Petitioner, and thereafter, distribute the remaining
funds to the estate beneficiaries. An Inventory of the estate assets will be filed simultaneously
with the filing of this Answer, and the Respondent shall distribute a copy of the Inventory to the
Petitioner upon filing.
8. Admitted in part, denied in remainder. It is admitted that no accounting has been
filed. Respondent denies any insinuation that by not filing an accounting she has mismanaged
assets of the estate or failed in her duties as Administratrix. By way of further answer, no
accounting has been filed because the real property has not been sold. Respondent spent several
months and significant funds renovating the real property in order to be able to list it for sale and
receive a fair sale price to satisfy all claims against the Estate of Rena G. Burk and yield a higher
distribution amount to the beneficiaries of the estate. Respondent expects to use the funds
received from the sale to pay administrative fees, the amount owed to the Petitioner, and
thereafter, distribute the remaining funds to the beneficiaries.
9. Admitted.
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WHEREFORE, Respondent respectfully requests that this Court deny the Petitioner's
request to issue a Decree for an Account of Administration of the Estate of Rena G. Burk and to
allow thirty (30) days from the date of closing on the real property to file an Accounting.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: – –� By. a —
Craig A. iehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Fax: (717) 763-8293
Attorney for Administratrix/Respondent
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VERIFICATION
I, CRAIG A. DIEHL, ESQUIRE, Attorney for Kathy L. Hughes, Administratrix, am
authorized to make this Verification on the Executor's behalf, verify that the information
contained in the foregoing document is true and correct to the best of my information, knowledge
and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. 4904,relating to unsworn falsification to authorities.
Date:
CRAIG MEHL, ESQUIRE
CERTIFICATE OF SERVICE
AND NOW, the o21"2�t day of April, 2014, the undersigned hereby certifies that a
true and correct copy of the foregoing Answer to Petition for Inventory and Accounting was
served upon the opposing party by way of United States first class mail, postage prepaid,
addressed as follows:
Jonathan M. Crist, Esquire
1426 North 3`d Street, Suite 200
Harrisburg, PA 17102
Counsel for Petitioner
bAa A. Fike, Legal Secretary