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Home My WebLink About12-13-10IN RE: ESTATE OF RICHARD R. COOK, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA o . ~~ CASE NO. 21-10-0776 1~ s n ~ ORPHANS' COURT DIVISIO ~ ~ ~ ~-cn~ ~~ ~~ 7 c~ ~ . ,., -v ~ ~_~ ~ ~. PETITION FOR ADMINISTRATION FEES ~`~` S- UNDER THE ESTATE ADMINISTRATION OF RICHARD R COOK, DECEASED AND NOW COMES, Petitioner, Mark A. Mateya, Esquire, counsel for the Estate of Richard R. Cook, deceased, and in support avers the following: Petitioner was engaged by James R. Cook to assist with the administration of the estate of Richard R. Cook on July 13, 2010. See Exhibit "A" attached hereto. 2. The said Richard R. Cook died testate on July 3, 2010. 3. The Last Will and Testament of the said Richard R. Cook was duly probated in the Orphans' Court division of Cumberland County, Pennsylvania, to Case No. 21-10-0776, on August 12, 2010, and Letters Testamentary were issued to the said James R. Cook, Executor. See Exhibit "B" attached hereto. 4. In accordance with the decedent's Last Will and Testament, Article V (B), --, `~' ~, ~ ._. `~.~ '~_ c_1> <r; -~ , =; -:~ O provides that Farmers and Merchants Trust Company of Chambersburg was appointed as Trustee of funds for the benefit of decedent's minor children. 5. The testamentary trust is for the benefit of decedent's minor children. 6. Petitioner has expended funds in the amount of $433.04 and many hours in administering the estate of the decedent to include taking steps to secure the funds from ` decedent's employer to fund the trust, probate procedures, advertisement of the estate, transferring ownership of a vehicle to the beneficiary, dealing with the Trustee of the Testamentary Trust,dealing with the minor children's mothers, etc. 7. On or about October 1, 2010, Petitioner requested payment from the Trustee for legal fees relating to the administration of the estate. See Exhibit "C" attached hereto. 8. Executor, James R. Cook agrees with the administration fees being paid from the trust funds, as the estate has no other assets from which to pay the administration fees. Further, James R. Cook and Trustee agree that the fee of Ten Thousand Dollars ($10,000.00) is reasonable. 9. To date, Petitioner has not been paid by the Trustee for the legal services expended on behalf of the estate of the decedent. 10. Trustee has voiced concern over paying fees to Mateya Law Firm because of the mother's of Testamentary Trust beneficiaries continual complaint regarding distribution under the Testamentary Trust. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order as follows: Direct the Trustee herein to make payment to Petitioner in the amount of $10,000.00, for legal fees in administering the estate of Richard R. Cook; Respectfully submitted, ~,~.J~~l Mark A. Mateya, quire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Date: C ~ ~ ~ ~ FILE COPY ~- MAT EYA LAW FIRM A PROFESSIONAL CORPORATION 55 W. Church Avenue Carlisle, Pa 17013 Phone 717-241-6500 Fax 717-241-3099 www.mateyalaw.com July 13, 2010 James R. Cook 464 Short Pine Circle Orlando FL 32807 RE: New Client -Estate Administration of Richard R. Cook Dear Mr. Cook, My condolences to you on the loss of your father. This letter explains the basis for my representation of you in the administration of your father's estate. I met with you telephonically on July 6, 2010, and you have requested me to represent you concerning the administration of your father's estate. You will be charged according to the work performed in the handling of the estate. In Pennsylvania, estate administration fees are determined by a variety of factors, including the uniqueness of the issues raised in the estate, the time expended in the handling of the estate, the difficulty in handling routine issues, and the prevailing rates in the local area where the estate is being probated. Our attorney's fee will be based on the size of your father's estate, with a decreasing percentage from 5% to 2% per hundred thousand in value. If any litigation is required in connection with the estate, the estate will be charged $250.00 per hour for attorney Mateya's time, $100.00 per hour for paralegal time, and $250.00 per hour for Attorney Delorenzo's time. An additional retainer of $2,500.00 will be required for each issue to be litigated; said additional retainer will be required from funds either inside or outside of the estate and will be accounted for in the final accounting of the estate. It is expected that you will pay any balance due upon the completion of your case. Your retainer will be deposited in the law office's operational account and will be accounted for as it pertains to your case. In addition to fees, my statements will reflect charges for disbursements, including travel (where applicable), postage, court costs and filing fees which we may incur in the course of this engagement. An administrative fee will be charged if it is necessary to close your file prior to the completion of your case. EXHIBIT James R. Cook July 13, 2010 Page Two I will make every effort to keep you informed on the progress of your case. I expect you to keep current with your billings and to give me your fullest cooperation so that I might represent you effectively. By working together in a relationship of mutual trust and confidence, we can maximize our performance and develop the best chance for achieving the results for which you have retained us. Attached you will also find my Policy Concerning Attorney-Client Relationship. I reference that document herein as part of this retainer letter. Attested to and agreed upon by: 1 V VI,.. A 7 Mark A. Mateya, Es James R. Cook Jf i! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND estate of RICHARD R COOK SHORT CERTIFICATE I, GLENDA EARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 12th day of August, Two Thousand and Ten, Letters TESTAMENTARY in common form were granted by the Register of said County, on the late of WEST PENNSBORO TOWNSH/P /First, Middle, Last) in said county, deceased, to JAMES R COOK (First, Middle, Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 12th day of August Two Thousand and Ten. File No. PA File No. Date of Death S.S. # 2010- 00776 21- 10- 0776 7/03/2010 263-92-5937 EXHIBIT NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL FILE COPY -~~ ./ .~~A~'EYA LAW F I R.M A PROFESSIONAL CORPORATION 55 W. Church Avenue Carlisle, Pa 17013 Phone 717-241-6500 Fax 717-241-3099 www.mateyalaw.com Dennis Wilson F&M Trust PO Box 6010 Chambersburg PA 17201 October 1, 2010 Re: Estate of Richard R. Cook Richard R. Cook Testamentary Trust Dear Mr. Wilson, Enclosed herewith you will find the check payable to F&M, the testamentary trustee. You will also find the total bill for our services. A brief explanation of our history with this file and our services is below, as this estate and trust have an unusual set of facts. A good friend of Mr. Cook asked me if I could meet with him. I met Mr. Cook in the Carlisle hospital and assisted him in drafting a will that would provide for his two minor children in the way that he never could while he was alive. He wanted them each to have a chance to go to college or some other higher education pursuit. He also did not want their mother's to be able to reach the money beyond what was in the children's best interest. The result was the will and testamentary trust which.now brings us to the present. We worked with Mr. Cook, and after his demise, with his ex-spouses and his beneficiaries as well as his adult children, with a view to moving toward the place where the trust would be funded and his minor children would be cared for as he hoped. To date, we have not taken any fee for any of the work performed. The estate's largest asset is clearly the enclosed check which represents the funds flowing to the testamentary trust. Using the traditional Johnson Estate scale, our fee to administer this estate would be $11,250.00.00. We are happy to reduce the fee to an even ten thousand dollars ($10,000.00) in order to preserve more of the assets for the children. I appreciate your service to the late Mr. Cook's minor children. I know that you will professionally and courteously deal with both of Mr. Cook's ex-spouses, and that you will EXHIBIT Leave A Legacy C ~, Wilson Page Two October 1, 2010 maintain Mr. Cook's purpose in drafting this trust. If you have any questions, please feel free to contact my office. I may be reached at (717) 241-6500 or by e-mail at mam@mateyalaw.com. Sincerely, Mark A. Mateya, Esq. MAM/aa Enclosures Leave A Legacy CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Dennis Wilson F & M Trust PO Box 6010 Chambersburg PA 17201 James R. Cook Executor 464 Short Pine Circle Orlando FL 32807 ~~~ - ~~ Mark A. Mateya, wire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: ~ ~ ~ ~ ~ ~