HomeMy WebLinkAbout01-06-11IN 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
NO. 21-2009-1082
ANSWER TO AMENDED 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, INDIVIDUALLY and as
EXECUTRIX of the Estate of Warren P. Wickwire, Deceased
(hereinafter, "Executrix"), by and through her attorneys, Lauren
E. Bogar, Esquire and James D. Bogar, Esquire, and files this
Answer to Amended 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
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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
Amended Objections are legal conclusions to which no response is
required. To the extent that a response is required, the
remaining averments are denied.
WHEREFORE, Paula Sylvester, individually and as Executrix,
respectfully requests that the Amended 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,
absolutely, and, further, grant to Paula Sylvester, individually,
the costs of this action, attorneys' fees, court costs and,
further, any and all other relief deemed just and reasonable.
Date: January 6, 2011
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Lauren B r, Esquire
Supreme Court I.D. No. 205966
One West Main Street
Shiremanstown, PA 17011
Telephone: (717) 737-8761
James D. og r, Esquire
Supreme Co I.D. No. 19475
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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VSRTFICATION
I verify that the statements made in this Answer to
Amended 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 : January 6 , 2 011 ~~-
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Paula Sylvest ,.` dividually and
as Executrix of t 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 Amended 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
persons and in the manner indicated below:
Service by first-class mail and facsimile transmission as
follows:
William L. Grubb, Esquire, Jr.
Attorney for W. Peter Wickwire, Jr.
3803 Gettysburg Road
Camp Hill, PA 17011
Fax: (717)763-6848
the
January 6, 2011 By:
Lauren E. B a Esquire
Pa. I.D. No. 05966
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
January 6, 2011 By:
Jan(~es D. Bo ar Esquire
Pa. I.D. No 1 475
One West Mai treet
Shiremanstown, PA 17011
(717) 737-8761
Executrix
Estate of Warren P. Wickwire,
Deceased
Attorneys for Paula Sylvester,
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