HomeMy WebLinkAbout02-02-11IN RE: IN THE COURT OF COMMON PLEAS
ESTATE OF RICHARD R :CUMBERLAND COUNTY, PA
COOK,
Deceased :CASE NO. 21-10-0776 r~
ORPHANS' COURT DIVISIOl~ ~ ~ ~ c
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PETITION TO MAKE RULE ABSOLUTE ~Q~
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AND NOW, comes Petitioner, Mazk A. Mateya, Esquire, counsel for the Estate of ~~
Richazd R. Cook, deceased, and in support avers the following:
1. On December 13, 2010, Petitioner filed a Petition for Administration Fees Under the
Estate Administration of Richard R. Cook, Deceased.
2. On December 16, 2010, this Honorable Court issued a Rule to Show Cause upon
James R. Cook, Executor of the Estate of Richard R. Cook and F&M Trust, Testamentary
Trustee, to show cause why Petitioner's Petition for Administration Fees Under the Estate
Administration of Richazd R. Cook should not be granted.
3. On January 12, 2011, the Court denied Petitioner's Request without prejudice,
granting Respondent another twenty (20) days to respond.
4. The last date for respondents James R. Cook and F&M Trust to file objections to the
Petition for Administration Fees Under the Estate Administration of Richazd R. Cook was
February 1, 2011.
5. To date, no responsive pleadings have been filed by either James R. Cook or F&M
Trust. relating to the Petition for Administration Fees Under the Estate Administration of Richazd
R. Cook.
6. Petitioner received the attached letter. See Exhibit "A". Petitioner believes that the
Respondent has no intention of filing a response to this Court or of paying the Petitioner's fees
without being ordered to do so.
WHEREFORE, upon consideration of the foregoing, it is respectfully requested that this
Honorable Court;
1. Issue an Order upon James R. Cook, Executor of the Estate of Richard R. Cook,
and F&M Trust making the Rule Absolute; and
2. Direct F&M Trust, as Trustee make payment to Petitioner in the amount of
$10,000.00 for legal fees.
Respectfully submitted,
~~
Mark A. Mateya, E uire
Attorney ID No. 78931
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717) 241-3099 -Fax
Date: 2 ~ ~~
RECEIVED 1AId 2 5 2011
HOS~vsoN 8c WENGEI3
ArrOBNEYS AT Lew
147 EAST WASHINGTON STREET
CgAMBERSBURG, PENNSYLVANIA 17201
RICHARD S. HOSAINSON
GEORGE E. `A*ENGER, JR.
rlchoskinson~hoskinsoa-wengerlaw com
gewengerjr@hoskinson-wengerlaw.com TSL$PHOx$
(717) 29ti-66S3S
FACSIMILE
(717) 26Li-9026
January 24, 2011
Mark A. Mateya, Esquire
55 West Church Avenue
Carlisle, PA 17013
In Re: Petition for Administration Fees to be paid from testamentary trusts
Dear Mr. Mateya:
I am the solicitor for the Trust Department of Farmers and Merchants Trust
Company of Chambersburg, Trustees of trust accounts for minor children of
Richard R. Cook, deceased.
This letter is to inform you that Farmers and Merchants Trust Company, AS
TRUSTEE, takes no position supporting or opposing your Petition for fees. If you
wish, you may share this letter with the Court. Opposing your Petition would
require additional Counsel to represent the Trustee, and therefore cost the trusts
substantial attorney's fees.
Sincerely yours,
HOSKINSON & WENGER
By
Richard K. Hoskinson
cc: James R. Cook
Dennis Wilson, F & M Trust Department
EXHIBIT
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
Dated: ~ Z- ~~
~-
Mark A. Mateya, E uire
55 W. Church Avenue
Carlisle, PA 17013
(717)241-6500
(717) 241-3099 Fax