HomeMy WebLinkAbout06-16-14 r ,
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Andrew H. Shaw,Esquire m c n
I.D. No: 87371
Cn
200 S. Spring Garden St., Suite 1 I
Carlisle,PA 17013 �'�' °' o
(717) 243-7135 C o c)
Attorney for the Jeanne Beat v c
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IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
DENNIS A. BURKHOLDER, CUMBERLAND COUNTY,PENNSYLVANIA
DECEASED
ORPHANS' COURT DIVISION
NO. 21-13-0086
OBJECTIONS OF JEANNE BEAT TO THE FIRST AND FINAL ACCOUNTING OF
TROY M. BURKHOLDER EXECUTOR OF ESTATE OF DENNIS A BURKHOLD.ER
AND NOW, this /(o day of June, 2014,comes,Jeanne Beat, Beneficiary under the Last
Will and Testament of Dennis A. Burkholder,by and through her counsel, Andrew 11, Shaw, and
files the following Objections:
I. Troy M. Burkholder(hereinafter "Executor"), as Executor of the Estate of Dennis A.
Burkholder, has failed to sufficiently explain the reason for proposed Executor's Commission in
the amount of$10,500.00. See Page 5 of First and Final Accounting of Troy M. Burkholder, For
Estate of Dennis A. Burkholder(hereinafter"First and Final Accounting"). Specifically,
Executor has failed to identify the reasonableness of retaining commissions totaling 10.5%of the
gross estate, in addition to the real estate commission received, which appears to be an act of
self-dealing. Petitioner objects to the estate paying these amounts without justification of the
same.
2. Executor has failed to sufficiently explain the attorney fees paid to Martson Law Offices
in the amounts of$4,377.34, $5,963.66 and $3,475.61. See Page 5 of First and Final
1
Accounting. Specifically, Executor has failed to identify the reasonableness of attorneys' fees
totaling 13.85%of the gross estate. Petitioner objects to the estate paying these amounts without
justification of the same.
3. Executor has failed to distribute the assets of the Estate, according to the terms of the
Last Will and"testament of Dennis A. Burkholder, by assigning all non-specific assets to himself
such that all assets specifically devised to Beat must abate. See Page 6 of First and Final
Accounting. Specifically, Executor has chosen to distribute to himself all of the assets of value
that were not specifically devised in an attempt to prevent Ms. Beat from receiving the assets
specifically devised to her.
4. Executor has improperly assigned distributions to Ms. Beat in the amount of$1,000.00.
See Page 6 of First and Final Accounting. Specifically, Executor has assigned values to items in
Ms. Beat's possession that were owned by Ms. Beat prior to the death of Dennis A. Burkholder.
WHEREFORE, Jeanne Beat requests this Honorable Court find that Troy M. Burkholder,
Executor of the Estate of Dennis A. Burkholder, has failed to properly account for the funds and
expenses in said Estate,and has failed to properly distribute specifically devised assets of said
Estate. Trustee further requests this Honorable Court surcharge Troy M. Burkholder for any
amounts stated in the above objections that this Court finds unreasonable, and to further award
attorney fees and costs incurred by Jeanne Beat associated with this accounting.
VERIFICATION
I, Andrew H. Shaw, Esquire, verify that the facts included in the within Objections to
Accounting are true and correct based on information known to me or received by reliable
sources. I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unworn falsification to authorities.
Date: C9 �� — 1,4� '4
Andrew H. Shaw, i Esq e
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Objections to Accounting, was served this date on the below named,
by e-mail and by placing same in the United States mail, first-class, postage prepaid
thereon, addressed as follows:
Seth T. Mosebey, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Estate of Dennis A. Burkholder
Date: — d Z-7 �SJAL�'�
Andrew H. Shaw, Esquire
Sup. Ct. I.D. No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Jeanne Beat