HomeMy WebLinkAbout10-31-11
IN RE: ESTATE OF
RICHARD R. COOK,
Deceased
IN THE COURT OF COMMON PLEAS•~
OF CUMBERLAND COUNTS ``=
PENNSYLVANIA ~~ ~~
ORPHANS' COURT DIVISIQ~=~ ~ i
No. 21-10-0776 ORPHANS' C~'~ `=`~
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Brief in Support of Answer to Rule to Show Cause and Response to Petition for Administration
Fees, and avers the following:
1. Petitioner Mateya Law Firm, P.C. is seeking payment of its legal fees and expenses
for administering the estate of Richard R. Cook.
2. Intervenors Cazoline Cardone Hamsher and Jennifer Kaye Cook are the mothers and
natural guardians of two minor children, respectively, Preston Cook and Miranda
Cook, who are the beneficiaries of a trust created in the Last Will and Testament of
Richard R. Cook. Intervenors oppose Mateya Law Firm getting paid for
administering the estate of Richard R. Cook.
3. This Court held a hearing on this matter on October 17, 2011.
4. At the hearing, Intervenors conceded that the attorney's fees Petitioner is seeking aze
reasonable. Thus, the sole issue before the Court is whether this Court should direct
the trustee of the testamentary trust created by Petitioner to pay the fees and expenses
of the administration of the decedent's insolvent estate.
5. At the end of the hearing, upon input from the attorneys representing the parties in
this matter, the Court directed that post-hearing briefs be filed by October 31, 2011.
6. On October 31, 2011, Petitioner received its service copy of Intervenors' post-hearing
brief.
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Petitioner Mateya Law Firm, P.C. requests permission to file a reply brief to Intervenors'
7. While Petitioner has not yet had the opportunity to fully digest Intervenors' brief,
upon reading it the first time, Petitioner found several incorrect facts and unsupported
legal arguments that need to be fully addressed by Petitioner before this Court decides
the matter.
8. For example, in the opening pazagraphs of Intervenors' brief, they direct this Court to
an ex parte letter which was not accepted by the Court and which has not been
admitted in to the record. Moreover, this specific document was jointly stipulated to
by the parties as being withdrawn. Yet, Intervenors attempt to admit this heazsay
document into evidence through the back door.
9. Additionally, Intervenors wrongfully assert that the life insurance policy was "for the
benefit of Intervenors." (See, e.g., Intervenors' Brief, pp. 3, 6, 7, 8). On the contrary,
Richard Cook planned his estate so that the Intervenors -two mothers who were not
married to Richard Cook -could not benefit from the testamentary trust. Rather, the
beneficiaries of the trust aze his two children, Preston Cook and Amanda Cook.
10. Intervenors have also raised legal arguments to which Petitioner would like to reply.
11. For example, Intervenors assert that Petitioner should not be paid as a creditor.
Without any authoritative support, they conclude "[l]ike the exemption of life
insurance proceeds from the claims of judgment creditors, estate administrative fees
are not payable from life insurance proceeds." Intervenors' Brief, p. 6.
12. Petitioner would like the opportunity to refute these and other incorrect assertions and
provide the Court with a reply brief that more fully responds to them.
WHEREFORE, Petitioner Mateya Law Firm, P.C. requests this Court to permit it to file a
reply brief that addresses these and any other issues that need addressing.
Respectfully submitted,
~~J
Alexandra Makosky (PA 80 7)
Mazk Mateya (PA 78931)
Mateya Law Firm
55 West Church Avenue
Cazlisle, PA 17013
(717)241-6500
(717) 241-3099
Dated: October 31, 2011
CERTIFICATE OF SERVICE
I, Alexandra Makosky, 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:
J Edward Beck Esq
Tracy J. Ross, Esq.
Keller Keller and Beck LLC
1035 Wayne Avenue
Chambersburg PA 17201
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Al xandra Makosky, Esquire
55 W Church Avenue
Carlisle, PA 17013
(717) 241.6500
(717) 241-3099 Fax
Dated: Q~f~t 3 ~ a of ~