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Home My WebLink About02-15-11IN RE: ESTATE OF RICHARD R. COOK, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CASE NO. 21-10-0776 ORPHANS' COURT DIVISION PETITIONER'S RESPONSE TO PETITION TO INTERVENE OF CAROLINE CARDONE HAMSHER AND JENNIFER KAYE COOK AND NOW, comes Petitioner, Mark A. Mateya, Esquire, counsel for the Estate of Richard R. Cook, deceased, and in response to petition to intervene and in response to the RULE RETURNABLE avers the following: 1. Admitted. <- -- ~ --, ~ ;~ ~ ~ ~~ ~ 1 2. Admitted. ~ ~ . cry trr , -~ , t _ 3. Admitted. A --~ ~? ~~~ = c`-a t--- rn ~~ 4. Denied as stated. By way of further answer, it is unknown to Petitioner, Mark A. Mateya, if Petitioners and proposed interveners Caroline Cardone Hamsher and Jennifer Kaye Cook have other children. It is admitted that Anthony Preston Cook and Miranda Kaye Cook are beneficiaries under the will. 5. Denied as stated. 20 Pa.C.S.A. 3503, cited by the proposed interveners, states, in pertinent part, "The personal representative shall give written notice of the filing of his account and of its call for audit or confirmation to every person known to the personal representative to have or assert an interest in the estate as beneficiary..." No accounting or call for audit or confirmation has been undertaken by the personal representative or counsel for the estate of Richard R. Cook. No notice, therefore, is required as stated by the proposed interveners. 6. Denied in part and admitted in part. It is admitted that the beneficiaries under the will as well as under the testamentary trust are minors Anthony Preston Cook and Miranda Kaye Cook. By way of further answer, the testamentary trust created under the will at the direction of the decedent was the means whereby Mr. Cook was able to insure that his children, and not their mothers, would benefit by the bequest. Mr. Cook directed that Caroline Hamsher and Jennifer Cook would each receive four thousand dollars ($4,000.00) in the hope that they would be satisfied and not attempt to reach their children's money. It was for this same reason that a corporate trustee was chosen, as opposed to a family member. See Exhibit A. It is denied that the fees are unjustified under the circumstances and complexity of the handling of this estate. NEW MATTER ~. The proposed interveners have not stated any grounds whereby they may intervene in the case sub judice. 8. The interests of the minor children Anthony Preston Cook and Miranda Kaye Cook are represented herein by both the executor James R. Cook and the trustee Dennis Wilson of F & M Trust, Investment and Trust Services of Chambersburg, PA. It should be noted that both of the fiduciaries were chosen by the late Mr. Cook and not appointed by the Court. WHEREFORE, upon consideration of the foregoing,. it is respectfully requested that this Honorable Court; 1. Schedule a hearing on the limited issue of the intervener's petition to determine whether or not they will be permitted to intervene. 2 2. Such other relief as this Court deems reasonable. Date: ~~ ~5~ `( Respectfully submitted, Mark A. Mateya, squire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 -Fax Fi~E coPr .~'~ATEYA 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 June 4, 2010 Penske Truck Logistics Attn Benefit DepartmentlLinda Stoudt PO Box 563 Green Hills Reading PA 19603 Re: Richard R. Cook Life Insurance Beneficiaries Dear Ms. Stoudt, I represent Richard R. Cook. This letter is a follow up to our recent conversation. I have enclosed the change of beneficiary form which you provided along with the attached sheet which explains Mr. Cook's beneficiary wishes. The first two amounts of four thousand dollars ($4,000.00) each will go to Caroline Hamsher at 85 Willowbrook Drive, Chambersburg, PA 17201, and Jennifer Cook at 145 S. Fulton Street, Wauseon, OH 43567, respectively. The remainder, which I believe to be two hundred and twenty-five thousand dollars ($250,000.00), will go into the Testamentary Trust. I drafted the will, which includes the testamentary trust, for Mr. Cook at his request. Mr. Cook chose Farmers and Merchants Trust. Company (generally known as F&M Trust) to be the Trustee. You may contact me with any questions you have now or in the future concerning Mr. Cook's beneficiary choices or Mr. Cook's estate. I may be reached at 717-241-6500 or by email at mam@mateyalaw.com. I will be able to help you effect Mr. Cook's choices. Sincerely, Mark A. Mateya, Esq. MAM/aa Enclosures EXHIBIT Leave A Legacy ,~ ~~ BENEFITS PLAN DEPENDENT AND BENEFICIARY ENROLLMENT AND CHANGE FORM This form should be used to designate beneficiaries and enroll or change dependent coverage. Complete only the sections that apply to your enrollment elections or changes. ~~ /( //~~ ~ NAME (print) {'L. ~Ll7AI~ ~ t•'C. • G ~~ lei SOCIAL SECURITY # Z- ~ ~ "'~ ~'(2 ~ ~ 1 WORK TELEPHONE # HOME TELEPHONE # 'y ~d ' Z~~1 L ~C'e ~ ( ~' 1 ~^ A. Are You: 1. ENROLLING your dependents and/or designating a beneficiary(ies)? (yes/no) 2. CHANGING your dependent coverage and/or eneficiary(ies)? Y'ts (yes/no) If you are changing dependent coverage, w is o e ollowing qualifying changes has taken place? DATE DATE Marriage Divorce Death Addition or loss of eligible dependent Loss of spouse's job New job for spouse Note: If you wish to change your contributions to the Health Care or Dependent Care Spending Accounts because of the above qualifying change, please complete the Spending Account Qualifying Change in Family Statuslfermination Form. 8. Medical and Dental Dependent Enrollment or Change Information First Name MI Last Name Social Security # Relation Date of Birth Dental Medical Code Coverage Coverage Employee Self Spouse" H O Y O Y O W~ NO N ~ Child' S O Y ~ Y 0 D (~ N D N a Child' S D Y O Y O • D O N D N Q Child' S D Y D Y D D D N O N D If your dependent is 19 years old or older, then he/she must be a full-time student or handicapped to be eligible for coverage. "'.Please furnish the following information if married: Name of spouse's employer Is your spouse covered under his/her employer's medical plan? (yes/no). Dental Plan? (yes/no). C. Life and AD&D Insurance Beneficiary Information Benefits are first payable to your primary beneficiary(ies). If your primary beneficiary(ies) is not living at the time of your death, benefits would then be paid to your secondary beneficiary(ies). Beneficiary-Last Name First Name MI Relationship Primary~r' ~.r ~ r f ~F'°~j ~.~'7'".~ Beneficiary(ies) Secondary Beneficiary(ies) NOTE: if two or more beneficiaries are listed in either category, benefits will be divided evenly among those named. I understand that I can change dependent coverage only upon the occurrence of a family status change as defined under the Health Care Program, but I may change my beneficiary designation at any time. The beneficiary designations shown above revoke any other such designations made prior to this date. I authorize the company to make necessary adjustments to my pay which reflect the changes stated above and that these changes to my pay will begin on the first pay of the month following receipt of this form. !~-~ -~~ Signature Date ATTACHED SHEET 1 of 1; Primary beneficiary designation Four thousand dollars ($4,000.00) to Caroline Hamsher, 85Willowbrook Drive, Chambersburg, PA 17201. Four thousand dollars ($4,000.00) to Jennifer Cook, 145 S. Fulton Street, Wauseon, OH 43567. • The remainder to the Trustee of the Testamentary Trust for the benefit of Anthony Preston Cook and Miranda Kaye Cook. 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 J Edward Beck Jr Esq 1035 Wayne Avenue Chambersburg PA 17201 ~. Mark A. Matey , squire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: ~- ~ ~ ~1