HomeMy WebLinkAbout06-07-11~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU~TY,
PENNSYLVANIA ~
In Re: c~o~
Estate of Richard R. Cook, Deceased Case No.21-10-0776 ~~
Orphan's Court Division ~~
-~
-n
r
~~
n~ cn
~~
r"fn ~"'9
T ~"I
~~n
Honorable J. Wesley Oler, Jr.
RESPONDENTS' ANSWER TO RULE TO SHOW CAUSE
AND RESPONSE TO PETITION FOR ADMINISTRATION FEES
AND NOW COMES, Respondents, Anthony Preston Cook, a minor, through his mother
and natural guardian, Cazoline Cardone Hamsher, and Miranda Kaye Cook, a minor, through her
mother and natural guazdian, Jennifer Kaye Cook, by and through their counsel, J. Edward Beck,
Jr., Esquire, and in support of their Answer and response to the Rule to Show Cause hereby aver
the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Respondents aze without knowledge or information sufficient to form a belief as to
the truth of facts alleged in Paragraph 6 of the Petition.
o~
7. Admitted.
8. Denied in that Respondents do not believe that Trustee has an opinion as to the
reasonableness of the fee. A letter from Trustee dated January 4, 2011 regarding the
reasonableness of the fee is attached hereto as Respondents' Exhibit A. By way of further
response, Respondents are without knowledge or information sufficient to form a belief as to the
amount of assets in the estate from which to pay administration fees because no inventory and
appraisement or accounting of the estate has been filed by the Petitioner or Executor.
Respondents further deny that the estate administration fee should be paid from trust funds and
deny the fee is reasonable for the following reasons:
a. The testamentary trust from which Petitioner proposes the fee should be paid was
funded solely by life insurance proceeds, which were paid by Prudential Insurance
directly to Trustee for the benefit of the minor beneficiaries and did not go through the
estate. A copy of the life insurance check is attached hereto as Respondents' Exhibit B.
b. The decreasing percentage estate administration fee used by Petitioner is a
Johnson Estate scale, which should be "applied to the value of `probate assets' in the
estate, i.e., assets owned individually by the decedent and which pass under the will..."
and should not be calculated based on the non-probate life insurance proceeds paid
directly to the testamentary trust (David C. Cleaver, Pennsylvania Probate and Estate
Administration, Tn WEST'S PENNSYLVANIA PRACTICE 19A 181-82 (4s' ed. 2008)).
c. The fee for administering the estate is not reasonable based on the considerations
of Rule of Professional Conduct 1.5(a) because there are no issues of difficulty or novelty
in the administration of this estate and, at the time Petitioner filed his petition for fees,
very little administration work was completed that would justify the fee.
9. Admitted.
10. Respondents are without knowledge or information sufficient to form a belief as to
the truth of the facts alleged in Paragraph 10 of the Complaint.
WHEREFORE, Respondents Anthony Preston Cook, a minor, through his mother and
natural guardian, Caroline Cardone Hamsher, and Miranda Kaye Cook, a minor, through her
mother and natural guardian, Jennifer Kaye Cook, respectfully request that the relief requested
by Petitioner to direct Trustee to make payment to Petitioner in the amount of $10,000.00 for
legal fees in administering the estate of Richard R. Cook be denied and no Rule issued
thereunder be made absolute.
Date: ~¢
Respectfully submitted,
KELLER, KELLER AND BECK, LLC
By:
J. Edward Beck, Jr., Esquire
Pa. Supreme Court ID # 16268
343B South Potomac Street
Waynesboro, PA 17268
(717)762-3331
Attorneys for Respondents
I verify that the statements made in this Answer to Rule to Show Cause and Response to
Petition for Administration Fees are true and correct to the best of my knowledge or belief. 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
Date: ~ ~ _ ~/
CERTIFICATE OF SERVICE
I, J. Edward Beck, Jr., do hereby certify that on the 6`t' day of June, 2011, I did serve a
true copy of Respondents' Answer to Rule to Show Cause and Response to Petition for
Administration Fees by First Class United States Mail, postage prepaid, unto the following
person/persons and at the address indicated below:
Mark A. Mateya, Esq.
Alexandra Makosky, Esq.
Mateya Law Firm
55 W. Church Street
Carlisle, PA 17013
James R. Cook
464 Short Pine Circle
Orlando, FL 32807
Dennis Wilson, Vice President
Investment and Trust Services
F&M Trust
P.O. Box 6010
Chambersburg, PA 17201
Richard K. Hoskinson, Esq.
Solicitor for Trust Dept. of F&M Trust
Hoskinson & Wenger
147 East Washington Street
Chambersburg, PA 17201
(Courtesy Copy)
Date: ~ l ~ /o2d !l
KELLER, KELLER AND BECK, LLC
B G~s=~/ v~
Y~
J Edward Beck, Jr., Esquire
a. Supreme Court ID # 16268
343B South Potomac Street
Waynesboro, PA 17268
(717) 762-3331
Attorneys for Respondents