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Home My WebLink About05-29-14 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ,_„ � � �� J �: : ORPHANS' COURT DIVISI� �°, � � � -� �:� �__ o : ,.,� T C7 "� u°� :-� ESTATE OF CARRYL L. WALTER, : NO. 21-2011-00593 - ' '�� ' �'�' r�., ._p.,r DECEASED : ; � " ' r' ' :.� ;�.� `� i +� r i ,,J . �'� • �,.. t.� C...._ .....;� EXECUTRIX'S RESPONSE TO ' � � ' V � � r._ PETITION FOR CITATION '' � `f' -`; AND NOW comes Lynn M. Walter, Executrix of the Estate of Carryl L. Walter, deceased(hereinafter"Respondent"), by and through her attorneys, Pecht& Associates, PC, and responds to the Pennsylvania Attorney General's Petition for Citation as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, the Will also provides for specific bequests, as set forth in paragraphs 2-7 of the subject Will, all of which take precedence over a residuary beneficiary. 4. Admitted. 5. Admitted based upon information provided. By way of further answer, Respondent was not aware that her attorney, Karl Rominger, did not provide notice to the Attorney General of the charitable interests named in the subject Will. Mr. Rominger may have concluded that a notice was not required because the amount remaining for charities was less than$25,000, and no notice was required. 6. Admitted. 7. Denied. By way of further answer, Respondent first hired Karl Rominger, Esquire, who has recently surrendered his law license for reasons known by this Court. Respondent performed all duties which Mr. Rominger advised her to do,trusting in Mr. Rominger's legal expertise, and was without sufficient information, belief, and legal expertise to undertake further duties on her own. Furthermore, Respondent now believes that Mr. Rominger did not file an accounting with the Court or provide her with an accounting, because such accounting would have brought to light Mr. Rominger's theft of funds from -1 the Estate, of which Respondent has notified the Cumberland County District Attorney's Office and cooperated with same. 8. Admitted. As of Apri13, 2014, Respondent hired Wayne M. Pecht, Esquire, of Pecht& Associates, PC to review and bring the estate to current and complete administration. Mr. Pecht received from Mr. Rominger's office what has been represented as that office's complete file regarding the Estate. Mr. Pecht is in the process of preparing an informal accounting of the Estate. 9. Admitted. 10. Denied. By virtue of being named as Executrix of the Estate by Carryl L. Walter, deceased, Respondent holds a fiduciary capacity with regard to the estate beneficiaries. By way of further answer, Respondent and decedent had a long, loving, and trusting relationship, which is further evidenced by decedent choosing Respondent as her personal representative to carry out her wishes after her death. However, Respondent cannot hold a"confidential relation" in her capacity as Executrix with decedent. 11. Denied. Exhibit"B" (REV 1500, Schedule G), prepared by Karl Rominger, erroneously reported that Respondent received a gift on May 14, 2011 of the Members 1 St savings, checking, and investment savings accounts. By way of further answer, Respondent attaches hereto a Member's 1 St letter dated May 7, 2014 (Exhibit"C") confirming that Respondent was named as a pay upon death beneficiary of those accounts shortly after they were opened. 12. Denied. On the contrary,the Members' 1 St accounts were paid to Respondent as a beneficiary upon the death of decedent. See attached Exhibit"C". 13. Denied. On the contrary and as previously explained, Respondent did not receive an inter vivos gift from decedent just before decedent's death. No shift in the burden of proof is justified by the actual facts of this case. 14. Denied. For the reasons set forth above by Respondent, the transfer of funds was not fraudulent or the result of undue influence. 15. (continuing the numbering of the Petition for Citation) Decedent's coin collection, left specifically for the National Military Family Association of Alexandria,Virginia, was sold and the proceeds transferred to Mr. Rominger's IOLTA account. Respondent believes, and therefore avers, that Mr. Rominger has misappropriated these funds as well. WHEREFORE, Respondent respectfully requests this Honorable Court to dismiss the Petitioner's request to void the transfers made to her as the legally named beneficiary of various accounts, which transfer occurred only after decedent's death and in accordance with Pennsylvania law, and to dismiss the Petition for Citation. Respectfully submitted, PECHT &ASSOCIATES, P.C. Dated: May 29, 2014 BY: ' Wayne M. Pecht, Esquire PA ID# 38904 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 (717) 695-6550 (Fax) Attorneys for Executrix VERIFICATION COMMONWEALTH OF PENNSYLVANIA, ) ) ss: COUNTY OF YORK ) I, WAYNE M. PECHT, ESQUIRE, being duly affirmed according to law, depose and say that I am the attorney for the within-named Respondent, Lynn M. Walter; that said Respondent cannot currently make the verification to this Response because a verification cannot be obtained at present, that I have made diligent inquiry of the Respondent, and upon the information received believe the facts set forth to be true. Wayne M. Pecht, Esquire will obtain, submit, and file a substitute verification signed by Respondent as soon as same can be obtained. Date: ��r' �� Wayne M. Pecht, Esquire Sworn and subscribed to before me this 29t" day of May 2014. � ��, ` Notary Public COMMONWEALTH OF PENHSYLVANU Notarl�l Sesl Amy L. Ftalnes, Notary Publk ldnorne Boro, Cumbexfsnd WuM�r Mr Commisslon Explres Oct. 12, 2017 NEMOER,►ENNfYLVANIA AfWCiAriCIH p NOYANI EXHIBIT "C" 2014/05/2014:17:21 2 /3 St � MEMBERS 1$t i PSDHRAL CRHDiT UNION il I REGULAR SAVINGS ACCOUNT: i Account Number/Suffix 366091-OU j Date Account Esfablished 08/29/2009 �, Principal Salance at Date of Death $9,101.37 I Accrued Interest to Date of Death $0,94 I Total Principal and Accrued Interest $9,102.31 j Date Account closed 07/07/2011 I Name of Beneficiary Lynn Walter '�, Qate Beneficiary Added 12/30/2Q09 ' � i CH�CKING ACCOUNT: Account NumberlSuffix 366091-11 Qate Account Established 08/29/2009 Principal Balance at Date of Death $7,062.20 ; Accrued Interest to Date of Death $0.30 Total Principal and Accrued Interest $7,062.50 � Date Account closed 05/25/2011 ' Name of Beneficiary Lynn Walter �!, Date Beneficiary Added 12/30/2009 � INVESTMENT SAVINGS ACCOUN7: �I Account NumberlSuffix 366091-05 � Date Account Established 12/29/2010 ! Principa)Balance at Date of Death $189,837.4Q ' Accrued Interest to Date af Death $46.81 I Total Principal and Accrued Interest $189,884.21 � Date Account closed 05/25/2011 � i Name of Beneficiary Lynn Walter i Date Beneficiary Added 12/29/2010 � i I MEMBERS 1ST FEDERAL CREDIT UNION � <;�� 7essa L Klugh � Lending Insurance Support Specialist � May 7, 2014 �, I Estate of:CARRYL L WALTER ! Date of Death: 05/1612011 i Social Security Number: 204-26-9194 i 5000 Louise Drive • P.O.Box 40 • Mechanicsburg,I'ennsylvania 17055 • (800) 283-2328 • wwwmemberslst.oxg 2014/05/2014:17:21 3 /3 St � ' MEMBERS 1gt ' PHDBRAL CRBDIT UN[ON i II CERTIFICA7E OF DEPOSIT: � Accaunt NumberlSuffix 366081-43 ' Date Account Established 05/04/2010 � ' Principal Balance at Qate of Death $20,286.82 , II Accrued Interest to Date of Death $6.67 ! ; Total Principal and Accrued Interest $20,293,49 ; Name of Joint Owner None ' CERTIFICATE OF DEPOSIT: ' '� Account Number/Suffix 365091-44 � Date Account Established 09/13/2010 Principal Balance at Date of Death $36,694.1Q , Accrued interest to Date of Death $9.80 : Total Principal and Accrued Interest $36,703.90 ' Name pf Joint�wner None i CERTIFICATE OF DEPOSIT: Account NumberlSuffix 366081-46 � Date Account Established 04/26/2011 i Principal Balance at Date of Death $50,772,10 �'� Accrued Interest to Date of Death $22.95 �, Total Principal and Accrued Interest $50,795.05 Name of Joint Owner None ' MEMBERS 1ST FEDERAI.CR DIT UNION V Tessa L Klugh Lending Insurance Support Specialist I May 7, 2014 i � � Estate of:CARRYL L WAI.TER ! Date of Death:05/1612011 � Sacial Security Number: 204-26-9194 i � I i i i 5000 Louise Drive • P.O.Box 40 • Mechanicsburg,Pennsylvania 17055 • (800)283-2328 • wwwmemberslstorg CERTIFICATE OF SERVICE This shall certify that on this 29th day of May 2014,the undersigned caused to be sent via U.S. Mail to the following persons the attached Executrix's Response to Petition for Citation: Michael T. Foerster Maj. Carl E. Avery Senior Deputy Attorney General Divisional Financial Secretary Office of Attorney General The Salvation Army Charitable Trusts& Organizations Section 701 North Broad Street 14th Floor-Strawberry Square Philadelphia PA 19123 Harrisburg, PA 17120 Ronald M. Katzman, Esquire National Military Family Association Goldberg Katzman of Alexandria Virginia 4250 Crums Mill Road, Suite 301 2500 North Van Dorn Street P.O. Box 6991 Alexandria, VA 22302 Harrisburg, PA 17112 Attorney for Bethesda Mission PECHT &ASSOCIATES, P.C. i BY: Wayne . Pecht, Esquire PA ID# 38904 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 (717) 691-9808 (717) 695-6550 (FAX) Attorneys for Executrix