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Home My WebLink About08-17-11 (2)MID PENN BANK, Objector Matthew E. Hamlin, Esquire Sup. Ct. I.D. #86142 Persun & Heim, P.C. 1700 Bent Creek Boulevard Suite 160 P.O. Box 659 Mechanicsburg, PA 17055-0659 Tel. No. (717) 620-2440 Fax No. (717) 620-2442 mehamlin(a,persunheim.com IN RE: ESTATE OF WENDELL B. STOCKDALE, JR., Deceased n -~~ ~; -r~ ,~ c~ :~ ,t} f_ -_ <w- ~ % _..~ ~ ~u ~ `_.., ,. :, : = ~ -. -= , , _ v _. --; , ~-- COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION File No. 2009-01040 MOTION OF OBJECTOR, MID PENN BANK, TO PLACE OBJECTIONS TO FIRST AND PARTIAL ACCOUNT AND STATEMENT OF DISTRIBUTION AND SURCHARGE ACTION AGAINST CO-EXECUTORS AND ESTATE COUNSEL ON THE ARGUMENT LIST AND NOW, comes Mid Penn Bank, as trustee of the separate testamentary trusts established under paragraphs "FOURTH" of decedent's Last Will and Testament, dated February 15, 1999, (hereinafter "Will") and, as such, is a party in interest, by and through its attorneys, Persun & Heim, P.C., pursuant to Local Orphan's Court Rule 6.10-2(a), respectfully states the following: Following the filing of Mid Penn Bank's petition seeking to compel the Co- Executors, Wendell B. Stockdale, Sr. and Jane Stockdale, to file an account relating to the administration of the above-captioned estate, the parties entered into a written stipulation requiring the said fiduciaries to file an account no later than June 24, 201 1. 2. On June 24, 2011 the Co-Executors, Wendell B. Stockdale, Sr. and Jane Stockdale, filed with the Court a First and Partial Account with Statement of Proposed Distribution ("Account"). 3. On August 17, 2011 the Testamentary Trustee filed Objections to the Account and Surcharge Action against the Co-Executors and estate counsel Wix, Wenger & Weidner. 4. That the Objections raise questions of law relating to the amount of legal fees charged and collected from the Estate by estate counsel; whether an order compelling the Co- Executors to file an amended fiduciary income tax return for 2010 should be issued based on the Estate improperly declaring certain income and collecting a federal income tax refund; whether Co-Executors and Wix, Wenger & Weidner should be surcharged for the excessive and unreasonable legal fees collected from the Estate and for interest and penalties that will be assessed against the Estate by the Internal Revenue Service associated with the failure of the Estate to timely file an amended fiduciary income tax return and returning the federal income tax refund received by the Estate; and whether the Objector can recover from the Co-Executors legal fees, costs and expenses incurred in seeking to compel the partial funding of the testamentary trusts established for Decedent's two sons, compelling the filing of the Account and the filing and determination of the involved Objections and Surcharge Action. 5. Prior proceedings in this Estate have been assigned to the Honorable M.L. Ebert. WHEREFORE, the Testamentary Trustee, Mid Penn Bank, respectfully requests that this Honorable Court enter an Order directing that the involved Objections/Surcharge Action be placed on the next argument list for decision by the Court, pursuant to Local Orphan's Court Rule 6.10-2(a), together with such other and further relief this Honorable Court deems just and equitable. 2 Respectfully submitted, Persun & Heim, P.C. BY~ _~t1~~ ~`.c~i attN1~ hew E. Hamlin, Esquire Sup. CT. I.D. No. 86142 1700 Bent Creek Boulevard, Suite 160 P.O. Box 659 Mechanicsburg, PA 17055-0659 Tel. No. (717) 620-2440 Fax No. (717) 620-2442 Date: August 17, 2011 CERTIFICATE OF SERVICE 1, MATTHEW E. HAMLIN, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Civil Rules of Procedure, by depositing a copy of the same in the United States Mail at Mechanicsburg, Pennsylvania, with first-class postage, prepaid, as follows: Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 PERSUN & HEIM, P.C. BY~ _ l~oce~cv ~L~CK Matthew E. Ha lin, Esquire Supreme Court I.D. No. 86142 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 -Phone (717) 620 -2442 -Fax Attorneys for Objector, Mid Penn Bank Date: August 17, 2011 23559v1 4