HomeMy WebLinkAbout11-01-10IN RE:
FIRST AND FINAL ACCOUNT .
OF PAULA SYLVESTER, .
EXECUTRIX FOR THE ESTATE
OF WARREN P. WICKWIRE,
LATE OF UPPER ALLEN .
TOWNSHIP, CUMBERLAND
COUNTY, PENNSYLVANIA, .
DECEASED _
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
N0. 21-2009-1082
ANSWER TO OBJECTIONS OF
W. PETER WICKWIRE, JR., BENEFICIARY
TO FIRST AND FINAL ACCOUNT
AND STATEMENT OF PROPOSED DISTRIBUTION
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AND NOW, COMES PAULA SYLVESTER, EXECUTRIX of the Estate of
Warren P. Wickwire, Deceased (hereinafter, "Executrix"), by and
through her attorneys, James D. Bogar, Esquire, Jennifer B. Hipp,
Esquire and Lauren E. Bogar, Esquire, and files this Answer to
Objections of W. Peter Wickwire, Jr., Beneficiary, to First and
Final Account and Statement of Proposed Distribution and sets
forth as follows:
1. Admitted in part and denied in part. It is admitted
only that the First and Final Account and Statement of
Distribution, as filed, proposes to pay a Commission to the
Executrix in the amount of $30,000.00, which is reasonable and
just pursuant to 20 Pa.C.S. § 3537. By way of further answer,
the proposed Commission is reasonable and just given the amount
of work undertaken by the Executrix in the administration of the
Estate and the size of the Estate. It is specifically denied
that the administration of the Estate, as to "Schedule A" or
otherwise, "required minimal duties on the part of the
Executrix." The remaining averments in Paragraph 1 of the
Objections are legal conclusions to which no response is
required. To the extent that a response is required, the
remaining averments are denied.
2. Denied. To the extent that Paragraph 2 of the
Objections contains averments, they are conclusions of law to
which no response is required. To the extent that a response is
required, the averments are denied.
WHEREFORE, Paula Sylvester, Executrix, respectfully requests
that the Objections of W. Peter Wickwire, Jr., Beneficiary,
to First and Final Account and Statement of Proposed
Distribution, in their entirety, be dismissed with prejudice and
that this Honorable Court confirm the First and Final Account and
Statement of Distribution and, further, grant to Paula Sylvester,
Executrix, the costs of this action, attorneys' fees and any and
all other relief deemed just and reasonable.
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Date: October 2010
J es D. Bo a Esquire
Supreme Cou I.D. No. 19475
One West Main Street
Shiremanstown, PA 17011
Telephone: (717) 737-8761
Lauren Bo r, Esquire
Supreme Court I.D. No. 205966
One West Main Street
Shiremanstown, PA 17011
Telephone: (717) 737-8761
Jenne er B. Hipp
Supreme Court I.D. No. 86556
One West Main Street
Shiremanstown, PA 17011
Telephone: (717) 737-8761
Attorneys for Paula Sylvester,
Executrix
Estate of Warren P. Wickwire,
Deceased
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VERIFICATION
I verify that the statements made in this Answer to
Objections of W. Peter Wickwire, Jr., Beneficiary, to First
and Final Account and Statement of Proposed Distribution are
true and correct. I understand that unsworn statements herein
are made subject to the penalties of 18. Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
DATE: October ,~~, 2010
Paula Sylve r Executrix
Estate of Warren P. Wickwire,
Deceased
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CERTIFICATE OF SERVICE
I hereby certify that I am on this date serving a copy of
the Answer to Objections of W. Peter Wickwire, Jr.,
Beneficiary, to First and Final Account and Statement of
Proposed Distribution as filed this date with the Orphans'
Court Division of Cumberland County, by sending the same upon the
persons and in the manner indicated below:
Service by first-class mail addressed as follows:
William L Grubb, Esquire, Jr.
Attorney for W. Peter Wickwire, Jr.
3803 Gettysburg Road
Camp Hill, PA 17011
October ~, 2010 By: ~~
Ja es D. Bo r, Esquire
Pa. I.D. N 9475
One West Mai Street
Shiremanstown, PA 17011
(717) 737-8761
October Z,y- , 2010 By:
Jenni r B. Hipp, Esquire
Pa. I.D. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
October ~ 2010 By: G Gtr'
La ren E. B ar, Esquire
Pa. I.D. No. 205966
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorneys for Paula Sylvester,
Executrix
Estate of Warren P. Wickwire,
Deceased
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