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HomeMy WebLinkAbout06-10-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION INRE: THE ESTATE of HERBERT L. HULL, Deceased No. 2002 - 00515 L, (::J Late of Camp Hill Borough -,.'"'f ,':",C:- JOINT PETITION TO WITHDRAW ALL ACCOUNTS. PETITIONS~ OBJECTIONS PREVIOUSLY FILED IN THIS MATTER AND TO VAcATE THE 0.' (J'1 AUDITOR'S APPOINTMENT PURSUANT TO F AMIL Y SETTLEMENT AGREEMENT AND NOW COME, the Accountant, Lawrence C. Hull, and the Objectant, Tracy A. Hull, by and through their respective attorneys undersigned, and jointly petition for the withdrawal of all accounts, objections and petitions previously filed in the matter of the Estate of Herbert L. Hull, deceased, pursuant to a Family Settlement Agreement executed by all parties in interest and filed at the Office of the Register of Wills, and further petition the court to vacate the appointment of William A. Duncan, Esquire, as Auditor, and state in support the following: 1. Herbert L. Hull died testate on October 29, 2001, a resident of Camp Hill, Cumberland County, Pennsylvania. 3. Lawrence C. Hull was appointed executor by the Register of Wills of Cumberland County on June 28, 2002. 4. On July 24, 2003, the Executor filed a First and Partial Account stated to July 10, 2003. 5. On August 22, 2003, Tracy A. Hull filed objections to the Executor's First and Partial Account and a Petition for Surcharge. 6. On October 23, 2003, the Court appointed William A. Duncan, Esquire as master and auditor, and the said auditor's appointment was subsequently continued by orders of February 10, 2004 and July 7,2004 and December 2,2004. 7. On August 8, 2004 the Executor filed his second interim account, to which objections were subsequently filed by Tracy A. Hull. 8. On January 19, 2005, hearings were held before the Auditor, and said hearings were discontinued prior to completion as a result of a settlement agreement executed by the petitioners, subject to the consent of the third residuary beneficiary, Marcia M. Hull. 9. On June 8, 2005 Marcia M. Hull joined the petitioners in executing the settlement as a formal Family Settlement Agreement (attached hereto as Exhibit "A"). 10. The said Family Settlement Agreement has been filed at the Office of the Register of Wills for Cumberland County, and is intended by the parties to have the same force and effect as a formal accounting confirmed by the court. 11. Pursuant to the Family Settlement Agreement, all disputes between the petitioners and among the residuary beneficiaries of the Estate of Herbert L. Hull have been resolved, and the parties have agreed to withdraw all accounts, objections and petitions heretofore filed in this matter. 12. All parties agree that William A. Duncan, Esquire, should be discharged of his duties as master and auditor and all disputes between the executor and the beneficiaries of the Estate of Herbert L. Hull be finally resolved pursuant to the terms of the attached Family Settlement Agreement, which has been filed at the Office of Register of Wills. WHEREFORE, the petitioners jointly pray this Court issue an Order causing all accounts, objections and petitions filed in this matter to be deemed withdrawn, and vacating the auditor's appointment and discharging him of his duties. Respectfully submitted, Saidis, Shuff, Flower & Lindsay cott M. Dinner, S. Ct. ill #533533 117 Chestnut Street Camp Hill, P A 17011 717-761-5800 Attorney for Lawrence C. Hull Thomas E. Flower S. Ct. ill #83993 2109 Market Street CampHill,PA 17011 (717) 737-3405 Attorney for Tracy A. Hull By: Dated: June q ,2005 LIMITED POWER OF ATIORNEY I, Tracy A. Hull, of Titusville, Florida ("principal"), hereby appoint Thomas E. Flower, Esquire. of Carlisle, Pennsylvania my agent. My agent shall have full power of substitution, for me and in my name, to exercise the following power: I. Execution of Settlement DMuments. To execute on my behalf any documents required to be signed by me in order to settle the litigation concerning the administration and distribution of my father's estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this, the 6 ta day ofJune, 2005. ~~rv TNE ) ;;;;;; 1/ ~ TRACY/A. HULL, Principal (SEAL) STATE OF FLORIDA ss. COUNTY OF On this, the 6 &. day of June, 2005, before me, a notary public, the undersigned officer, personally appeared TRACY A. HULL., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Power of Attorney, and acknowled8e4 IN WITNESS WHEREOF, I have h ,,~. ' ....~ :' .' .." ,~ ." ~.' t. . J 'JJ,{ . , ,!%;~~'~>". " ." -. " '/ ':(.( "::':,':,:;,'/ , ..~ 3.~: " ...:~' that he executed the same for the purpose therein contained. \ ~..,.'~ . STANLEy'KR1?rZ \V~MYCOMMISSION# DD037093 ~"'1\.~ EXPIRES: August 1.200!i t-8X).3.NOTAA"f R. Nocay ServiGe 4. Bonding, Inc.