HomeMy WebLinkAbout01-31-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
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In Re: Case No. 21-10-0776 ~ ~ m w ~_~
Estate of Richard R. Cook, Deceased Orphans' Court Division ~c%~ -
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PETITION TO INTERVENE IN
PETITION FOR ADMINISTRATION FEES
AND NOW COMES, Petitioners, Caroline Cardone Hamsher, mother and natural
guardian of Anthony Preston Cook, a minor, and Jennifer Kaye Cook, mother and natural
guardian of Miranda Kaye Cook, a minor, by and through their counsel, J. Edward Beck, Jr.,
Esquire, hereby requesting leave to intervene in the above captioned matter and averring the
following:
Petitioner is Caroline Cardone Hamsher, resides at 993 East McKinley Street,
Chambersburg, Pennsylvania, 17201, and is the mother and natural guardian of Anthony Preston
Cook, minor child of Richard R. Cook, deceased.
2. Petitioner is Jennifer Kaye Cook, resides at 221 East Willow Street, Wauseon,
Ohio, 43567, and is the mother and natural guardian of Miranda Kaye Cook, minor child of
Richard R. Cook, deceased.
3. On December 13, 2010, Mark A. Mateya, Esquire, counsel for the Estate of
Richard R. Cook filed a Petition for Administration Fees Under The Estate Administration of
Richard R. Cook, Deceased, together with a Rule to Show Cause issued by this Court on
December 16, 2010.
4. Petitioners' minor children are the sole beneficiaries under the will of Richard R.
Cook either directly pursuant to Article I thereof or as beneficiaries of the testamentary trust
created under Article II thereof.
5. Mark A. Mateya failed to join Petitioners' minor children as parties to his Petition
even though they are the parties most affected by the relief requested, contravening their rights to
notice of an accounting under 20 Pa.C.S.A. Section 3503, which requires notice to beneficiaries'
heirs and next of kin, and to their rights to object to such accounting pursuant to the local rules
developed thereunder. Thus, Petitioners are indispensable parties and as such are entitled to
notice of Mateya's Petition and Rule to Show Cause under Pa.R.C.P. 206.5 (b) as adopted by
C.C.R.P. 206.4 (c) and as applied by C.C.O.C.R. 3.2-1.
6. Petitioners will object to Mateya's fee because it is neither based on the fee letter
included as Exhibit A of his petition (the testamentary trusts were funded directly from life
insurance proceeds and not through the estate) nor can the fees be justified based on the facts
alleged in his petition- the ultimate beneficiaries are minor children and the estate and trust are
not complex. See In re Estate of Nicholas N. Sonovick, 373 Pa.Super. 396, 541 A.2d 374
WHEREFORE, Petitioners respectfully request that this Honorable Court issue an Order
in the alternative as follows:
1. Dismissing Mark A. Mateya's Petition For Administration Fees Under the Estate
Administration of Richard R. Cook, Deceased and the Petition To Make Rule Absolute
and the Rules that accompany each for failure to join indispensable parties thereto,
namely Anthony Preston Cook and Miranda Kaye Cook.
2. Direct that Petitioners Caroline Cardone Hamsher, parent and natural guardian of
Anthony Preston Cook, and Jennifer Kaye Cook, parent and natural guardian of
Miranda Kaye Cook, be added as parties and be given 20 days to respond to the Mateya
Petition For Administration Fees Under the Estate Administration of Richard R. Cook,
Deceased.
Respectfully submitted,
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. Edward Beck, Jr., Esquire
Supreme Court I.D. No. 16268
Keller, Keller and Beck, LLC
1035 Wayne Avenue
Chambersburg, PA 17201
Phone: (717) 264-1110
Attorney for Petitioners
I verify that the statements made in this Petition to Intervene are true and correct. I
understand that false statements herein are made subject to the penalties of perjury contained in
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
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aroline Cardone H Sher
I verify that the statements made in this Petition to Intervene are true and correct. I
understand that false statements herein are made subject to the penalties of perjury contained in
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
I, J. Edward Beck, Jr., Esquire, do hereby certify that on the 31st day of January, 2011, I
did serve a true copy of the Petition to Intervene in Petition for Administration Fees and
proposed Orders of Court by First Class United States Mail, postage prepaid, unto the following
person/persons and at the address indicated below:
Mark A. Mateya, Esquire
Mateya Law Firm
55 W. Church Street
Carlisle, PA 17013
James R. Cook
464 Short Pine Circle
Orlando, FL 32807
Dennis Wilson, Trust Officer
F& M Trust Company
P.O. BOX 6010
Chambersburg, ~A 17201
Date: January 31, 2011
J. dward Beck, Jr.
torney for Petitioners