Why the position of Action Memo is at the top of Pen Window in Galaxy Note3?

When you are executing both Pen Window and Action Memo of Air command feature in Samsung Galaxy Note3 (SM-N900) simultaneously, the Action Memo window will be located on the top of the Pen Window although you have selected the Pen Window feature after selecting Action Memo.
Your Samsung device is not faulty, this is the part of design concept of Samsung Galaxy Note3 (SM-N900) that Action Memo will be placed “to the front” or “top position” of the screen.