HomeMy WebLinkAbout08-24-15 ; IN THE COURT OF COMMON PLEAS OF
� CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: �
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TRUST LTNDER AGREEMENT OF ; NO. 21-11-0 l 132 C; �� :�, rn �
GLEN H. STONER, �; -� <� � ��7 �;
NOW DECEASED '~� �'
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OBJECTION TO ACCOUNT AND SURCHARGE OF TRUSTEES �`' ,'��� �'i
FOR SEIZING FUNDS IMPROPERLY ,.,`�'� `�'' �
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The petition of John James Mooney, III, Administrator C.T.A. of the Estate of Glen H. Stoner
respectfully states as follows:
1. The settlor of the herein referenced trust, died on February 5, 2014;
2. Petitioner believes, as previous alleged in a Petition filed on October 8, 2013, that
Wayne Stoner and Ronnie Stoner are acting as Trustees for the Glen H. Stoner Irrevocable Trust,
dated March 20, 2014.
3. Due to the distance from Pennsylvania both the Settlor's daughter and son-in-law
renounced their right to serve as Executors in favor of Petitioner.
4. Prior to settlor's death, a Petition to Freeze Trust Assets and for Removal of
Trustees were filed.
5. These matters are still pending.
6. In the course of reviewing bank records of the decedent, it was discovered that on
October 17, 2011, $19,000.00 was improperly taken from the decedent's checking account at
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Orrstown Bank and $10,496.79 was improperly taken from the decedent's M&T checking
account.
7. Petitioner objects to the improper seizure of the two (2) accounts above referred.
8. Petitioner believes, and therefore avers, tl-�at the Tiustees were not properly
authorized to take the above-referenced funds, and in fact, might not even be the proper trustees
given various "amendments" to an alleged irrevocable trust.
9. Petitioner, as Administrator C.T.A. has a duty to the estate to garner and retrieve
any funds improperly taken from decedent.
10. Petitioner further believes, and therefore avers, that some amendments to the trust
relative to beneficial interests may not be proper and that the seizure of these funds was also
improper.
WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order
upon the Trustees to pay to the Estate of Glen H. Stoner the sums of$29,496.79, together with
interest and counsel fees.
Respectful]y submitted,
MOONEY & ASSOCIATES
By:
J n . Mooney, II, squire
Attorney for Petitioner
I.D. #39137
230 York Street
Hanover, PA 17331
(717) 632-4656
VERIFICATION
I verify the statements made in this Objection to Account and Surcharge of Trustees for
Seizing Funds Improperly are true and correct. I understand false statements herein are made
subject to the penalties of l 8 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: ` � � `y��v� , �o�
John James Mooney, III, Esquire