HomeMy WebLinkAbout04-12-06
. 11
IN THE MA ITER OF THE ESTATE OF
GERALDINE V. SOHMER, deceased
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYL VANIA
ORPHAN'S COURT DIVISION
NO. 2005-00571
STATE NO. 21-05-0571
OB ECTIONS OF PAUL E. SOHMER TO ACCOUNTING OF NANCY R. CARBERRY OF
PERSONAL REPRESENTATIVE OF THE ABOVE EST A T~
AND NOW comes Paul E. Sohmer, Co-Executor and heir of the above Estate, and
makes the following Objections to the Accounting of Nancy R. Carberrry, pursuant to
Orphans' Court Rule 6.10, and objects to the Accounting for the following reasons:
1. The Accounting is defective in that it fails to adjust the value of assets
previously distributed to Nancy R. Carberry to reflect the increase in value of those assets after
they were transferred to her and before the balance of the assets were transferred to the other
parties at interest in the estate.
2. The Accounting proposes to pay a fee to Nancy R. Carberry of $24,000.00,
which is excessive, unreasonable, and unjustified in light of the work she did in administering
the Estate.
3. The Accounting incorrectly proposes to pay Robert E. Carberry, Jr., the
husband of Nancy R. Carberry, a fee of $5,500.00 to prepare an inheritance tax return and an
Accounting, which fee is entirely unjustified by the work done by Mr. Carberry and is
unreasonable and excessive under the circumstances.
4. The Accounting is incorrect in that it proposes to pay $855.37 for the care
of a pet dog owned by the decedent and reserves $6,000.00 for future care of the pet, none of
which was authorized or required by the decedent's will.
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5. The Accounting is incorrect in that it proposes a reserve for tax and fees of
more than $7,400.00, without explanation as to the purpose or reason for such reserve.
6. The Accounting is incorrect because it proposes the expenditures, or the
confirmation of expenditures previously made by Nancy R. Carberry, without any Supporting
documentation to explain or justify those expenditures or future expenditures.
7. The Accounting and the attached proposed schedule of distribution are
incorrect because it results in a substantially greater portion of the assets in the estate being
distributed or paid to Nancy R. Carberry than is appropriate under the direction of the
decedent's will.
WHEREFORE, Paul E. Sohmer objects to the Accounting and the Proposed Schedule of
Distribution filed in this matter by Nancy R. Carberry and requests this court reject those
documents and the excessive payments proposed therein, and adjust the schedule of
distribution so that the assets of the estate are properly administered, only reasonable and
justified expenses are paid, and each of the heirs receives their fair share of the estate assets in
accordance with the will of the decedent.
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Samuel L. Andes
Attorney for Paul E. Sohmer
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
-i - 7 -() 6
pauQ E. ~hWlL-K--
PAUL E. SOHMER
II
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CERTIFICATE OF SERVICE
J hereby certify that on 11 April 2006 I served a copy of the foregoing
document upon the following parties by U.S. Mail, postage prepaid, addressed as
follows:
David C. Mason, Esquire
P.O. Box 28
PhiIipsburg, P A 16866
Nancy R. Carberry
170 Ridge Road
Etters, PA 17319
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Supreme Court 10 17225
525 North 12th Street
lemoyne, PA 17043