HomeMy WebLinkAbout10-23-14 P�IFILESVClients�1397I BurkholderAF_stateA13971 I.Stipulationl.rev?_wpd
Christopher E. Rice, Esquire
Attorney LD. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER � �
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IN RE: ESTATE OF DENN[S : IN THE COURT OF COMMQI�I PLEAS �' � o
BURKHOLDER, DECEASED, : CUMBERLAND COUNTY, PENNSYL�NIA `�
Plaintiff .
:ORPHANS' COURT DIVISION
: NO. 21-13-0086
JOINT STIPULATION
1. Dennis Burkholder("Decedent") died testate on January 10, 2013. A true and
correct copy of Decedent's Last Will and Testament (the"Will") is attached hereto as Exhibit
"A" and is incorporated herein.
2. As set forth more specitically in the Will, Decedent provided specific bequests to
his friend Jeanne Beat ("Objector").
3. On January 23, 2013, Letters Testamentary were granted to Troy M. Burkholder
("Executor"), Decedent's son.
4. Exeeutor filed a Petition for Adjudication and First and Final Account on May 15,
2014 (the "Account").
5. As set forth in the Account, insufficient funds existed in Decedent's Estate to
make the specific bequests to Objector.
6. On June 16, 2014, Objector filed Objections to the First and Final Account
addressing issues of fees and alleging improper accounting and improper distribution of the
Decedent's assets.
7. On June 17, 2014, The Honorable Albert H. Masland issued an Order of Court
refraining from the appointment of an auditor and providing the parties with an opportunity to
reach an amicable resolution.
g. After the parties were unable to reach a resolution, "The EIonorable Albert �I.
N[asland appointed Wayne Shade, Esquire, as auditor.
9. On or about October 3, 201�, prior to ttle commencement of the hearing betore
the �uditor, the parties reached an agreement whereby the Estate will pay the sum of$4,000.00
to Objector.
10. [n consideration for the agreement reached by the parties and payment of fees to
the Auditor in the amount of$400.00, Objector will withdraw her Objections.
11. The parties fiirther agree that the Account be contirmed and that the distribution
of the balance of the Estate be ordered in accordance with the Account as moditied by the terms
of this Stipulation.
12. The Auditor recommends approval of this Stipulation.
WI-IEREFORE, Troy M. Burkholder and Jeanne Beat respectfully request that this
Honorable Court:
(a) approve the terms of the Stipu(ation; and
(b) order confirmation of the Account consistent with the terms of this Stipulation.
LAW OFFI�E OF ANDREVt� I. \�HAW, P.C. MARTSON Lf1W OFFICES
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By: �e,, ,t,- _�-�, �� � ,..�--- y:.
Andr��v H. Shaw, Esquire Christopher E. Rice, Esquire �
Attorne I.D. No. 87371 Seth T. Mosebey, Esnuire �f
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200 S. Spring Garden Street Attorney I.D. Nos. 90916 and 203046
Carlisle, PA 17013 10 East High Street
Telephone: (717) 243-7135 Carlisle, PA 17013
Tax: (717) 243-7872 Telephone: (717) 243-3341
Attorney for Jeanne E3eat Fax: (717) 243-1850
Attorneys for Troy M. F3urkholder