HomeMy WebLinkAbout01-17-031N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
THE ESTATE of HERBERT L HULL,
Deceased
No. 2002 - 00515
Late of Camp Hill Borough
PETITION OF TRACY A HULL FOR RULE TO SHOW CAUSE
TO THE HONORABLE JUDGES OF THE SAID COURT
The petition of Tracy A Hull, beneficiary, for a Citation directed to Lawrence C Hull,
executor, to show cause, if any there be, why the executor should not amend the inventory, be
surcharged for the conversion of personal property belonging to the estate, be enjoined from the
filing of false estate and inheritance tax returns and removed as executor, respectfully represents
that
1 Herbert L Hull died testate on October 29, 2001, a resident of Camp Hill,
Cumberland County, Pennsylvania
2 Petitioner is one of three ch, ldren of Herbert L Hull, deceased, each of whom is
entitled to a one-tturd share of the residue of the smd Estate A copy of the Will was filed with
the previous petition, to compel filing an inventory
3 Lawrence C Hull ("the executor"), appointed executor by Item X of the Will,
failed to produce the Will for probate until, seven months after the date of death, the Register of
Wills of Cumberland Cotmty issued a Citation to compel the executor to produce the Will
4 For more than five months following the grant of Letters, the executor ignored
Petitioner's repeated requests for the filing of an inventory of the assets of the Estate, finally
filing the inventory one business day before the return date of this Court's citation to show cause
why the executor should not be compelled to do so
5 The executor omitted from the Inventory personal property with a value of more
than Four Hundred Thousand ($400,000) Dollars, all as detailed in the hand-written inventory
and a letter prepared by the decedent and supplied to Petitioner in August or September 2001, in
evident contemplation of impending death, and presumably intended to reduce the likelihood of
self-deahng by the executor
6 In addition to numerous rare and valuable antique books dating to the m~ddle
ages, a complete silver service and other personal effects of more or less value, the executor
omitted from the inventory, and lmphedly demes the existence of, the following firearms owned
by decedent, who was an avid collector
a 22 bolt action nile, tubular magazine, Remington Sportsmaster
model number 341 with Carl Zmse Jena Scope # 19875, "knurled and threaded
muzzle for silencer" ("silencer in office desk drawer"),
b GI 45 auto pistol with laser light Colt, serial no 779684, M1911Al
with ammunition,
C
1695574,
GI M1 Garand nile 30-06 with sling Spnngfield Armory, serial no
d 22 rifle model 63 Winchester ST 2010,
e M1 Garand commemorative 30 caliber Spnngfield, serial no
ww1688 with sling,
f. GI 45 auto commemorative pistol, serial no ww000090,
g German Mauser nile with sling bolt action, Danzig 1917, 1920,
401, Ger 98 bolt, serial no 681 - floor plate number 0703 AN 34,
h. Gl 45 auto pistol with holster Colt Mark III series 70 government
model, serial no 70G35763 Colt Mfg,
9 mm pistol in cloth case with extra clip and box of ammunition,
Fabnque Natlonale D'Annes De Guerre, Herstal Belglque Browmng's Patent
Depose, serial no 422060,
Colt 38 Special pistol CTG, detective special Colt's PT F A. mfg
co, no serial number,
k Model 70 Winchester nile Pre 64 30-06 SPFD, serial no 220384
with sling, Leupold scope 2-8 power, heavy barrel target gun,
30-30 Winchester model 94 commemorative nile (NRA) 1871-
1971 lever action with sling, iron s~ghts,
m Pistol rephca ball and cap type 45 caliber PRFIE Italy serial no
5428, brass action;
n. Shotgun, single shot, J Stevens Arms & Tool Co Chmopee,
Mass, serial no K472 ELKTRO, steel choke bored,
o 22 nile, s~ngle shot, J Stevens Arms & Tool Co, lever action,
take-down "crack shot", no sights,
p WWI Spnngfield 30-06 bolt action, U S Spnngfield Armory
model 1903, serial no 1264281 with sling;
q 22 nile pump action, Winchester model 61, short, long or long
nile, serial no 82285 with scope, E1 Paso, Texas take-down,
2
r 22 nile, Remington bolt action short, long or long nile, tubular
magazine with scope, Carl Zelse Jena, Zlelkleln, serial number 19575, "muzzle
threaded to take silencer" ("silencer in Herb's bedroom drawer under goat"),
s U S Spnngfield Sporter nile 30-06, bolt action, serial no. 1294984
with sling and scope, Balslx B Bausch & Lomb cheek pad,
t 22 bolt action nile, Remington model 582, short, long or long
nile, serial no 1265379, tubular magazine, bolt action with Simmons scope #22
4x32 power 22 mag with sling,
u Rifle, Winchester model 52 bolt action, chp fed, single shot
because of Redfield hand rest, hook butt plate, long nile - 22 long nile, serial no
58340B, with Vaver peep sights and Unertl 12 power scope,
v Remington auto 12 gauge shotgun, 5 shot, model 11, serial no
354824 (copy of Browning),
w Browning, magnum 12 GA shotgun made in Belgium, serial no
75V38870, engraved, 3" shells, ribbed sights,
x Browning shotgun "Light Twelve", made in Belgium, 2 V4" shells,
serial no 7G19953, engraved,
y Browning shotgun "Magnum Twelve" made in Belgium, 3" shells,
ribbed s~ght barrel, serial no 76V42523, engraved,
z Invector 10 GA shotgun, Browning made in Japan, Invector Gold,
3 ½" shells, field, 28", shng, ribbed sight, serial no. 08988NWR91;
aa Remington 22 nile model 582, 22 short, long, long nile, bolt
action, tubular magazine, serial no 1242116 with scope, "Alaskan" all weather 2
½ power Lyman, scope covers, and
bb M1 Carbine, Gl, Iver Johnson's Arms, 30 Cai, no clip, serial no
AA44559, Iver Johnson's Arms MI AR Jacksonville with instructions,
7 The executor also omlted from the inventory three "bearer" bonds, with a total value of
Three Hundred Thousand ($300,000) Dollars, a 100-oz bar of gold worth an estimated Thirty-
five Thousand ($35,000) Dollars and Petitioner's share of his predeceased mother's jewelry, kept
for him by decedent in gratmtous bailment.
8 All of the foregoing items at paragraph 7, as stated ~n decedent's letter to h~s children of
August 6, 2001, were kept ~n Safe Deposit Box #96 at the Camp Hill branch of M&T Bank,
which was rented June 19, 1998, ~n the name of a spurious corporation of which the decedent
and his children were hsted as officers, though only the decedent's and the executor's signatures
were on file at the bank to authorize entry to the box
3
9 Shortly following the date of decedent's death, the executor (months before he produced
the W~I1 for probate), d~stnbuted the "bearer" bonds ~n kind to htmself, Petitioner and Marcia
Hull, the third residuary beneficiary
10 The aforementioned gold bar and jewelry have not been produced or acknowledged ~n the
~nventory
11 The executor and his attorney formally entered the M&T safe deposit box in late summer
of 2002, by whmh t~me ~t was empty of contents, and the bank was unable to produce the
s~gnature card used to record entries to the box
12 In the Spnng of 2002, prior to h~s appointment as executor, and prior to h~s formal entry
to the box wtth h~s attorney, Lawrence C Hull appeared at the M&T Bank branch ~n Camp H~II
and requested the s~gnature card for box #96, on the pretext of copying the record of entries
13 Following this WSlt to the bank ~n the Spnng of 2002, the s~gnature card to box #96 could
not be found
14 The bank's computer records, which are periodically brought current by entry of data
from the s~gnature cards, could not be brought current for box #96, s~nce the card ~s m~ss~ng, and
consequently the computer records show no entry to that box s~nce ~ts ~mt~al rental ~n June of
1998
15 Petmoner beheves, and therefore alleges, that the executor "pocketed" the M&T safe
deposit box s~gnature card ~n order to conceal h~s prior, unauthorized entry shortly following
decedent's death; that he has or ~ntends to convert to h~s own use much of the tangtble personal
property of the estate, ~nclud~ng the firearms hsted at paragraph 6, above, and the gold bar and
jewelry that decedent ~dentffied as contmned ~n safe deposit box #96, and thereby defraud the
Pettt~oner and Marcta Hull, the other residuary benefictanes
16 Petmoner further alleges that the executor has ~ntended to file false tax returns by the
omission of the same property omitted from the ~nventory and that he has falsely verified the
~nventory filed w~th the Register of Wills
WHEREFORE, Petitioner requests thts Honorable Court to award a C~tatlon d~rected to
Lawrence C Hull, executor, to appear and show cause, ffany there be, why he should not amend
the ~nventory of the assets of the Estate of Herbert L Hull, be surcharged for the conversion to
h~s own use of the Estate's property, be enjmned from the fihng of false estate and ~nhentance
tax returns and be removed as executor
Dated
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By
Thomas E Flower
S Ct #83993
2109 Market Street
Camp Hall, PA 1701
(717) - 737 - 3405
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE
THE ESTATE of HERBERT L HULL,
Deceased
No. 2002 - 00515
Late of Camp Hill Borough
CERTIFICATE OF SERVICE
AND NOW, tNs 17th day of January, 2003, I, Thomas E Flower, Esqmre, of the finn
of Smdm, Shuff, Flower and L~ndsay, hereby certify that I tNs day served a tree and correct
copy of the foregoing Pet~tton for Rule to Show Cause upon the party hsted below vta Umted
States Mml, postage prepmd, addressed as follows
Scott M Dinner, Esqmre
3117 Chestnut Street
Camp Hill, PA 17011
Respectfully subnntted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By
Thomas E Flower, Esqmre
Supreme Court ID #83993
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS OF CUMBER.LAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN
THE ESTATE OF HEKBERT L, HULL
De~eased
No 2002-00515
Late of Camp Hill Borough
VE~IlrlCATION
I, Tracy A. Hu]~l, Petitioner, h~reby v~ril~' u~t the statements made in the foregoing
petition are true and ~tr~t to fha b~st of my mfommtion, knowledge and beh~f. I under~tand
that false sta~em~'at~ hereto are made subject to the p~naltles of 18 Pa. C.S. Seotion 4904, relating
to unswom f--alsificat, on to authoriti~.
Date:
T~'~y A/d'~ull, Petluoner