HomeMy WebLinkAbout07-07-04 (2)COURT OF COMMO~T PLEAS OF CUMBERLAND COUNTY, ?£NNSYLVA~IA OF'
ORPHANS' COURT DIVISION ,.~.
THE ESTATE of HERBERT L. HULL,
Deceased
Late of Camp Hill Borough
No. 2002 - 00515
MOTION FOR JUDGMENT ON THE PLEADINGS AS TO OBJECTION&~O FORM
OF FIRST AND PARTIAL ACCOUNT
AND NOW COMES the objectant and movant herein, Tracy A. Hull, by anti, through his
undersigned attorneys, and hereby enters this motion for judgment on the pleading~-:with respect
to unanswered objections to the form of the executor's first and partial account of J~uly 24, 2003,
stating in support the following:
1. On July 24, 2003 the executor, Lawrence C. Hull, filed his first and partial account of his
administration of the estate of Herbert L. Hull, deceased.
2. On August 22, 2003, Tracy A. Hull, the movant herein, filed his objections to the
executor's accounting.
3. The accountant has failed to answer the movant's said objections.
4. Paragraph's 7, 8 and 9 of the said objections, which address excessive fees and
commissions, and the objectant's accompanying petition for surcharge of the executor, depend
upon facts alleged and unanswered, but not of record, and hence will require a hearing prior to
determination by the court.
5. Paragraph's 5 (a)-(f), 6, 14, 15 and 16 of the said objections address the account's failure
to conform to Supreme Court Orphans' Court Rule 6.1 and the incorporated Uniform Fiduciary
Accounting Principles and model account format.
6. The account is a matter of record and speaks for itself.
7. Paragraph's 5 (a)-(f), 6, 14, 15 and 16 of the said objections have not been answered and
should therefore be deemed admitted.
8. Paragraph's 5 (a)-(f), 6, 14, 15 and 16 of the said objections require nothing more for
determination by the Auditor than a comparison of the account as filed and the requirements of
O.C. Rule 6.1 and the incorporated Uniform Fiduciary Accounting Principles and model account
format.
9. It should not be necessary to conduct a hearing for the purpose of extracting from the
executor information required to be disclosed, rather than obscured, in his accounting.
10. The executor has failed to comply with this court's order to file a second and partial
account no later that April 1, 2004, extended by agreement until April 23, 2004.
WHEREFORE, Tracy A. Hull respectfully moves this Court for Judgment on the
Pleadings with respect to paragraph's 5 (a)-(f), 6, 14, 15 and 16 of the movant's unanswered
Objections to the executor's First and Partial Account, and for an Order directing the executor to
withdraw his First and Partial Account and to resubmit a proper First and Partial Account stated
to June 30, 2004, in substantial conformity with the Uniform Fiduciary Accounting Principles
and the model account format incorporated in Supreme Court Orphans' Court Rule 6.1.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405