HomeMy WebLinkAbout10-23-14 (2) IN RE: ESTATE OF DENNIS : IN Tt-IE COURT OP COMMON PLEAS OF
BURKHOLDER, DECEASED, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:ORPHANS' COURT D[VISION
: NO. 21-13-0086
ORDER OF COURT
3� o f 2014, in consideration of the
AND NOW, this� y �,c;.��i�'(J�'�- �
Joint Stipulation tiled in this matter, it is hereby ORDERED that the First and Final Account is
confirmed, and distribution is ordered in accordance therewith, eYcept that the amount of
$4,000.00 shall be distributed to Jeanne Beat, and the executor's commission to be paid to Troy
M. Burkholder shall be reduced by $4,000.00.
By the Court:
J.
Distribution:
Andrew H. Shaw, Esquire
� 200 S. Spring Garden Street
Carlisle, PA 17013
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013 �.,
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Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY 8i FALLER � �
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10 East High Street "'' `�' �� � "
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Carlisle, PA 17013 � _ ,' • ^' ' `���'
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(717) 243-3341 � �� � �':��'
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Attorneys for Plaintiff , �
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IN RE: ESTATE OF DENN[S : IN THE COURT OF COMMQl� PLEAS �' "- m
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 Deeedent's Last Will and Testament (the "Will") is attached hereto as Exhibit
"A" and is incorporated herein.
2. As set forth more specifically 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. Executor 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.
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.
8. After the parties were unable to reach a resolution, The Honorable Albert H.
Masland appointed Wayne Shade, Esauire, as auditor.
9. On or about October 3, 2014, prior to the commencement of the hearing before
the Auditor, the parties reached an agreement whereby the Estate will pay the sum of$4,000.00
to Objector.
10. In 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 further agree that the Account be confirmed and that the distribution
of the balance of the Estate be ordered in accordance with the Account as modified by the terms
of this Stipulation.
12. The Auditor recommends approval of this Stipulation.
WHEREFORE, Troy M. Burkholder and Jeanne Beat respectfully request that this
Honorable Court:
(a) approve the terms of the Stipulation; and
(b) order confirmation of the Account consistent with the terms of this Stipulation.
LAW OFFI E OF ANDRE . HAW, P.C. MARTSON LAW OFFICES
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B .�J.� J
By: y: .
Andr w H. Shaw, Esquire Christopher E. Rice, Esquire
Attorney LD. No. 87371 Seth T. Mosebey, Esquire
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
Fax: (717) 243-7872 Telephone: (717) 243-3341
Attorney for Jeanne Beat Fax: (717) 243-1850
Attorneys for Troy M. Burkholder
: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: DENNIS BURKHOLDER,DECEAED . CUMBERLAND COUNTY
. PENNSYLVANIA
. N0.21-13-0086
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/23/14
JUDGE'S INITIALS: AHM
TIME STAMP DATE: 10/23/14
IN RE: ORDER OF COURT
............................................................................................
SERVICE TO: ANDREW H SHAW 200 S SPRING GARDEN STREET CARLISLE PA 17013
CHRISTOPHER E RICE 10 EAST HIGH STREET CARLISLE PA 17013
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS ❑ PETITIONER
�R� ❑ JUDGE
❑HAND DELIVERED � CLERK OF ORPHANS COURT
❑ OTHER
MAILED: l0/24/l4
................................................................................................
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑ PETITIONER
� � ❑JUDGE
❑ HAND DELNERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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Deputy
Clerk of Orphans' Court