HomeMy WebLinkAbout12-27-10IN RE: ESTATE OF
WARREN P. WICKWIRE, LATE
OF UPPER ALLEN TOWNSHIP,
MECHANICSBURG,
CUMBERLAND COUNTY,
PENNSYLVANIA,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
. N0.
21-09-1082
AMENDED
OBJECTIONS OF
W. PETER WICKWIRE. ]R.. BENEFICIARY.
TO
FIRST AND FINAL ACCOUNT
AND STATEMENT OF PROPOSED DISTRIBUTION
TO THE HONORABLE COURT:
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AND NOW, this 12th day of December, 2010, W. Peter Wickwire, ]r., a
beneficiary under the Will of Warren P. Wickwire, Deceased, files these
AMENDED OBJECTIONS TO FIRST AND FINAL ACCOUNT AND STATEMENT OF
PROPOSED DISTRIBUTION AND objects to the account filed by Paula Sylvester,
Executrix under the Will of Warren P. Wickwire, filed with the Clerk of the
Orphans' Court Division of Cumberland County, Pennsylvania, on September 10,
2010, as follows:
1. The Executrix proposes to take a Commission or Fee of $30,000.00, which
exceeds reasonable or just compensation as provided for in 20 Pa.C.S. § 3537,
and is excessive and unreasonable in these circumstances where the assets, as
listed in ~~Schedule A" of the FIRST AND FINAL ACCOUNT AND STATEMENT OF
PROPOSED DISTRIBUTION, is cash and bonds, which required minimal duties on
the part of the Executrix.
WHEREFORE, W. Peter Wickwire, Jr., prays this Honorable Court, after requiring
full disclosure by the Executrix, to:
a. Disallow the Executrix Commission of $30,000.00.
b. Award an Executrix Commission which is reasonable to the amount of
work performed, the character of services rendered and the degree of
responsibility incurred, in a sum not to exceed $5,000.00.
c. Assess the Executrix personally, and not as an expense of the Estate,
the fees, costs and expenses of this action.
d. Require the Executrix personally, and not as an expense of the Estate,
to pay the attorney's fees, costs and expenses of W. Peter Wickwire, Jr. incurred
in this action.
e. Other relief which this Court may grant.
Date: ~~ 2, 2 ~' ~
Respectfully submitted,
I~.~.. ~
William L. Grubb, Esq.
ID 72661
3803 Gettysburg Road
Camp Hill, PA 17011
ID 72661
763-5580 Tel.
763-6848 Fax
VERIFICATION
I verify that the statements made in this document are true and correct. I
understand that false statements herein are made subject to penalties of 18 Pa.
C.S. § 4904, relating to unsworn falsification to authorities.
Date: ~ ~ / d
W. Peter Wickwire, ]r.
CERTIF~TE OF SERVICE
I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the
foregoing OBJECTIONS OF W. PETER WICKWIRE, JR., BENEFICIARY, TO FIRST
AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION, on the
individual listed below by depositing the same in the United States Mail, First
Class, postage prepaid, at Camp Hill, Pennsylvania:
Lauren E. Bogar, Esquire
Attorney for the Estate
One West Main Street
Shiremanstown, PA 17011
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Date: ~ ~ 23 ! a
William L. Grubb, Esquire
3803 Gettysburg Road
Camp Hill, PA 17011
ID 72661
(717) 763-5580