HomeMy WebLinkAbout09-23-14 r
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IN RE: : IN THE COURT OF COMNI�N PLEA�F ,..�T.� rn
ESTATE OF ROBERT J. LAPORTE, : CUMBERLAND COUNTY,�NSYIt�AN���
Deceased : ORPHANS COURT DIVISI(�1� c� -" `�'� r;;
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OBJECTIONS TO AUDITOR'S REPORT � �� m
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AND NOW, comes Susan M. LaPorte ("Objectant"), pursuant to Cumberland County
Orphans' Court Rule 8.7-2, by and through her undersigned counsel, hereby objecting to the
Auditor's Report as follows:
1. The Auditor's Report failed to address the untimeliness of the estate administration
by the Executrix, Anne LaPorte. Despite the decedent's death occurring on December 13, 2010,
the Executrix has not made any distributions of money in over 3'/2 years depriving Objectant of
her inheritance proceeds which exceed Three Hundred Fifty Thousand Dollars ($350,000.00).
Objectant could have paid off her mortgage or earned a reasonable rate of return of 3.0% per
annum over this time period. This fact supports the imposition of a surcharge. In re McCrea's
Estate, 475 Pa. 383, 380 A.2d 773 (Pa. 1977); 20 Pa. C.S.A. §3316, 3544.
2. The Auditor's Report is erroneous in awarding the Executrix, Anne LaPorte, with
an executrix fee of Twelve Thousand Dollars ($12,000.00) when errors occurred, consistent
pattern of misrepresentations occurred, assets of the estate were not properly inventoried, filings
were late, dividends are unaccounted for, and the estate not timely administered. Although the
Executrix fee originally taken was Ten Thousand Dollars ($10,000.00), Executrix took an
additional Two Thousand Dollars($2,000.00)reflected on the Suppleinental Return when she was
fully aware of the supplemental assets from the very first day she was appointed Executrix.
Further,the administration of this estate was not complex. Since patent errors occurred,the burden
shifts to the Executrix to demonstrate that her fees were reasonable. Executrix did not provide
proof to support her original fee and the additional $2,000.00 fee. In re Estate of Sonovick, 373
Pa. Super. 396, 541 A.2d 374 (1988); In re LaRocca's Trust Estate, 431 Pa. 542, 226 A.2d 337
(1968); In re Estate ofGeniviva, 450 Pa. Super. 54, 675 A.2d 306 (1996).
3. The Auditor's Report is erroneous because the Auditor sustained an objection by
opposing counsel to certain written evidence being placed on the record based on the Dead Man's
Statute. Rauenzahn v. Si�man, 376 Pa. 26, 31, 101 A.2d 688, 690 (1954); In re Estate of Rider,
487 Pa. 373, 409 A.2d 397 (1979).
4. The Auditor's Report failed to address that the Executrix held significant estate
assets in a low yielding account for years and did not invest any of these funds as a prudent,
reasonable Executrix should. In re Dodson's Estate, 490 Pa. 476, 417 A.2d 138 (Pa. 1980); In re
Estate ofPitone, 489 Pa. 60, 413 A.2d 1012 (1980);Horner v. FirstPa. Bankin�& Trust Co., 412
Pa. 72, 194 A.2d 335 (1963).
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: By�
Craig Diehl, squire
Attorney LD. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Fax: (717) 763-8293
Attorney for Objectant, Susan M. LaPorte
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CERTIFICATE OF SERVICE
AND NOW, the � day of September, 2014, the undersigned hereby certifies
that a true and correct copy of the foregoing Objections to Auditor's Report was served upon the
opposing parties by way of United States first class mail, postage prepaid, addressed as follows:
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
Robert P. Kline, Esquire
714 Bridge Street
P.O. Box 461
New Cumberland, PA 17070
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