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HomeMy WebLinkAbout08-28-14 RECORDED OFFICE OF REGISTER OF k'1ILLS Heather J. Vance-Rittman Pa. Id. No. 82705 214 AUG 28 AM 2 33 Senior Deputy Attorney General CLERK OF Office of Attorney General ORPHANS' COURT 14`h Floor, Strawberry Square Harrisburg, PA 17120 CUMBERWID CO., PA (717)705-1611 Hvanee rttman @attorneygeneral.gov IN RE: ESTATE OF WILLIAM COURT OF COMMON PLEAS OF PURNELL PAYNE, CUMBERLAND COUNTY, Deceased. PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-10-0282 COMMONWEALTH'S MOTION TO COMPEL THE EXECUTRIX, MARIANNE E. RUDEBUSCH TO FILE AN ACCOUNT OF HER ADMINISTRATION OF THE ESTATE OF WILLIAM PURNELL PAYNE TO THE HONORABLE JUDGES OF SAID COURT: The Commonwealth of Pennsylvania, acting as parens patriae through its Attorney General, Kathleen G. Kane, respectively requests that this Honorable Court compel Marianne E. Rudebusch, Executrix of the Estate of William Purnell Payne, to file a complete and accurate accounting of her administration, and offers the following in support: JURISDICTION 1. This Court has jurisdiction over this action pursuant to Section 711(3) of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 711(3). VENUE 2. Venue lies within this Court pursuant to Section 722 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 722 and Pennsylvania Rule of Civil Procedure No. 1006(a). PARTIES 3. Petitioner is the Commonwealth of Pennsylvania acting as parens patriae through its Attorney General, Kathleen G. Kane (Commonwealth), with offices located at 14Th Floor, Strawberry Square, Harrisburg, PA 17120. 4. Respondent, Marianne E. Rudebusch, is the Executrix of the instant estate, with an address of 4711 Locust Lane, Harrisburg, PA 17109. FACTS 5. The decedent died while a resident of Cumberland County nearly five years ago on February 23, 2010. 6. Marianne E. Rudebusch was appointed Executrix of the Estate on April 2, 2010. 7. For reasons that have not been fully or consistently explained, the Executrix has been unable to complete the administration and fully distribute the assets of the Estate. 8. The Executrix is an attorney licensed to practice law within the Commonwealth of Pennsylvania. 9. After several requests, the Executrix provided the Commonwealth with a "Summary" of an M & T Bank Checking Account which reveals that the executrix "inadvertently withdrew" $10,000.00 from the Estate account on January 25, 2012 and returned the funds without interest over a month later on March 12, 2012, without explanation as to how such a transaction could have occurred other than the statement that a "withdrawal error" was made. 10. On another occasion, the Summary indicates that an "executor's fee error" resulted in an erroneous payment to the executrix in the amount of$8,631.88, which was taken on 3/24/2010 and 5/26/2010 and then re-deposited on 11/5/2010. 11. The majority of the decedent's assets were liquidated or capable of having been liquidated by 2011 and there is no clear explanation as to what has been done with those assets since that time or why timely distribution was not made. 12. The delay in administration caused the Estate to incur unnecessary fiduciary income tax, including, but not limited to, $926.00 for tax year 2011, and $12,357 in fiduciary incomes taxes for tax year 2012. 13. Monthly charges for Verizon telephone, Comcast Cable television, AOL Internet and newspaper delivery continued to be charged to the estate through at least November 19, 2010 (Nine months after the decedent died on February 23, 2010). 14. The Executrix charged $4,721.70 to the estate for a "Memorial Luncheon" at the Milton Hershey School on June 11, 2010, despite the fact that she was previously reimbursed $1,302.60 for a funeral lunch on April 20, 2010 and April 28, 2010, moreover, the Estate paid $5,540 to the Parthemore Funeral Home on March 26, 2010. 15. The Executrix charged the estate fees of at least $30,000 without justification. 16. The Executrix paid the Law Offices of Susan Lederer $28,000 without justification. 17. The Commonwealth has received inconsistent responses but does not believe that the Executrix concurs with the instant motion. COUNT I—Fiduciary Dutv to Account 18. Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein. 19. An executor is required to maintain accurate records and may be directed to file an account of administration at any, time. See 20 Pa. C.S.A. § 3501.1. WHEREFORE, the Commonwealth respectfully requests that this Honorable Court: a. order the Executrix to provide a complete accounting of her administration of the Estate; b. require the Executrix to provide notice and a copy of the Account to the Commonwealth and all beneficiaries so that objections may be filed thereto; C. order the Executrix to provide the Commonwealth with complete bank statements for each account into which estate funds were deposited or transferred; and d. order any and all other relief which this Court deems appropriate. Respectfully submitted: KATHLEEN G. KANE Attorney General By: kzcc Cl HEATHE k . VANCE-RITTMAN Senior Deputy Attorney General Pa. Attorney ID 82705 Office of Attorney General Charitable Trusts & Organizations Section MARK A. PACELLA 14`h Floor— Strawberry Square Chief Deputy Attorney General Harrisburg, Pennsylvania 17120 August 27, 2014 IN RE: ESTATE OF WILLIAM COURT OF COMMON PLEAS OF PURNELL PAYNE, CUMBERLAND COUNTY, Deceased. PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-10-0282 VERIFICATION 1, Heather J. Vance-Rittman, Senior Deputy Attorney General, being duly sworn according to law, hereby state that I am a Senior Deputy Attorney General with the Office of Attorney General, Charitable Trusts and Organizations Section, that I am authorized to make this verification on behalf of the Office of Attorney General, and the facts in the Attorney General's Motion are true and correct to the best of my knowledge, information and belief. 174-, j7w- - &r4_ HEATHER J. VANCE-RITTMAN Senior Deputy Attorney General Pa. Airy Id. No. 82705 IN RE: ESTATE OF WILLIAM COURT OF COMMON PLEAS OF PURNELL PAYNE, CUMBERLAND COUNTY, Deceased. PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-10-0282 CERTIFICATE OF SERVICE NOW, this 27th day of August, 2014, I, Heather J. Vance-Rittman, Senior Deputy Attorney General, caused to be served a true and correct copy of the Attorney General's Motion to Compel in the above-captioned action by placing a true and correct copy of same in the United States First Class Mail, postage prepaid, to the following persons: Marianne E. Rudebusch, Esquire 1711 Locust Lane Harrisburg, PA 17109 HEATHER J. VANCE-RITTMAN Deputy Attorney General PA. Atty Id. No. 82705