Restore estate funding (AutoRecovered)

by | Dec 16, 2021 | Samples legal papers

IN THE COURT OF COMMON PLEAS OF

ALLEGHENY COUNTY, PENNSYLVANIA

 

IN RE: § ORPHANS’ COURT

DIVISION ESTATE OF JAMES B. KARN, §

Deceased. §

  • No.02-10-01566
  • Petition for Rule – Restore Estate 
  • Funding to the Original Purpose

 

NOW COMES James L. Karn petitioning for ruling to restore estate funding of the estate of James B. Karn to the original purpose, and for cause would show this Honorable Court as follows:

  • STATEMENT OF FACTS
  1. William S Karn (Estate Attorney) handled the business and legal issues for James B Karn regarding 815 Camp Horne Road (see Attachment 1). After the death of James B Karn; William Karn continued to manage 815 Camp Horne Road for James L Karn
  2. On June 12, 2004 James L Karn, Power of Attorney (see Attachment 2) was authorized to collect any liquid assets (see Attachment 3) generated from the James B Karn estate. The purpose of the fund was to pay taxes, insurance, maintenance and upgrades as needed to the properties James B Karn assigned to James L Karn. James L Karn and William Karn continued to honor this agreement after the death of James B Karn.
  3. On September 24, 2019 Arnold Caplin was named by the court as Administrator of the James B Karn Estate. Arnold Caplin filed a Petition for Relief on 12/23/2019 to acquire the income generated from the 815 Camp Horne Road property. It became Caplin’s responsibility to provide James L Karn the necessary funds for 6905 Merton Road Pittsburgh, PA 15202 and 518 Dickson Ave., Pittsburgh, PA 15202.
  4. Meanwhile the taxes, maintenance and upkeep, of the properties, have been neglected by Arnold Caplin. Caplin has spent his effort on securing assets of the estate and not paying the debts and expenses. Repaying the Estate Debt must be accomplished before any beneficiary payment can be determined.
  5. James L Karn and William Karn invested significant assets into rebuilding the insolvent assets left by James B Karn. JLK and WK built an efficient system to keep the Karn Homes in the family. Douglas Karn refused to listen to and thus participate in this plan. The original plan had James L Karn managing one house and Douglas managing the other house. Arnold Caplin needs to release sufficient funding to keep the Karn Homes from deteriorating, and losing value.
  6. Failure to pay all current and past Estate debts first is strong evidence against the Plaintiff’s case. It also shows that Caplin should be removed as Estate Administrator.

  • BREACH OF DUTY
  1. An administrator of an estate has a duty to ensure that final debts are paid using the estate assets first. Arnold Caplin has a duty to ensure that final debts are paid using the estate of James B. Karn. That duty began on the day he was appointed administrator by this Honorable Court.
  2. Caplin breached that duty by focusing on securing assets of the estate of James B. Karn instead of first paying the debts.
  3. An administrator of an estate also has a duty to ensure that the estate does not lose value. An administrator can be held personally liable if they do anything that causes a loss in value of the estate, even if they had no intention for the loss of value and didn’t know about potential liability.
  4. Arnold Caplin has a duty to ensure that the estate of James B. Karn does not lose value.
  5. Before Arnold was appointed administrator of the estate, James L. Karn managed the houses. After appointment of Arnold as administrator of the estate, the duty of taking care of the houses so that they don’t lose value shifted to Arnold.
  6. Arnold has breached his duty of taking care of the houses. When the houses are not maintained, they slowly lose value.

  • PRAYER FOR RELIEF

REASONS WHEREFORE, Petitioner prays for the following from this Honorable Court:

  1. A declaration that Arnold Caplin breached his duty to ensure that final debts of the estate of James B. Karn are paid using the estate assets first;
  2. A declaration that Arnold Caplin breached his duty to take care of the property so that it doesn’t lose value;
  3. An order of specific performance compelling Arnold Caplin to first pay all debts and expenses of the estate of James B. Karn located at 815 Camp Horne Road; 
  4. An order of specific performance compelling Arnold Caplin to release funds from the estate to maintain the houses so that they don’t lose value; and
  5. Reinstatement of James L. Karn as Executor and administrator of the estate of James B. Karn.
  6. Any other remedy that this Court deems fit and proper.

 

Respectfully Submitted,

______________________________

James L. Karn

Insert Address

Insert State & Zip Code

(412) 761-8132

VERIFICATION

 

I verify that the statements made in this Petition 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.

 

Date  

 

James L Karn, Petitioner

 

CERTIFICATE OF COMPLIANCE

 

I certify that this filing complies with the provisions of the Public Access Policy of the United Judicial System of Pennsylvania: Case Records of the Appellate and trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

 

Date  

 

James L Karn, Petitioner

 

CERTIFICATE OF SERVICE

 

I certify that a true and correct copy of this response was served by March ,2021 in-person, fax or e-mail to

 

Andrew Gross

707 Grant Street, Suite 2340

Pittsburgh, PA 15219

412-553-0140

andrew.gross@grosspatterson.com

 

Arnold Caplin

429 Forth Ave, Suite 1806

Pittsburgh, PA 15219

(412) 261-0734

(412) 471-4872 FAX

 

James L Karn, Petitioner

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

 

IN RE: ) ORPHANS’ COURT DIVISION ESTATE OF JAMES B. KARN, )

Deceased. ) No.02-10-01566

 

)

 

ORDER OF THE COURT

 

AND NOW, this day of 2021 in the consideration of the foregoing Petition For Rule – Restore estate funding to the original purpose IT IS ORDERED that a Rule shall issue to Attorney Arnold Caplin, Pro Bono Estate Executor to show cause why a declaratory judgment should not be entered to settle the Estate of James B Karn as presented.

 

The Rule is returnable on 2021. A conference / hearing to the petition and any response thereto shall be held at Courtroom on 2021 at

  AM / PM prevailing time.

 

BY THE COURT


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