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HomeMy WebLinkAbout08-01-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION INRE: THE ESTATE of CARRIE A. SHIVELY, deceased Late of Newville Borough r-..:> (.-~~ ~ en ,-) -) ::r.- c: G; I No. 2005 - 00519 () OBJECTIONS TO ACCOUNT -0 C,.' TO THE HONORABLE JUDGES OF THE SAID COURT: r- -;;, \.0 NOW COMES, Betty J. Stouffer ("the Objectant"), by and through her attorneys undersigned, and objects to the Executor's Account, as follows: 1. By this Court's Order of March 2, 2006, the Executor was directed to produce "an informal accounting not later than March 21,2006." 2. Because the Executor failed to comply with this Order, the Objectant filed a petition for a rule to show cause why the Executor should not be removed, required to account and surcharged. 3. On May 1, 2006, this Court issued a Rule upon the Executor, to show cause why the requested relief should not be granted, returnable May 25, 2006. 4. The Executor, having filed no answer to the Objectant's petition for the said Rule, also failed to appear in court at the appointed time on the return date. 5. On the afternoon of the said return date, the Executor formally filed a First and Final Account of his administration of the within estate. 6. This First and Final Account was prematurely filed, as four months has not elapsed following the first complete advertisement of the original grant of letters. 7. The second item under "Administrative Costs" at page 4 of the said Account claims an expense of $85 to advertise letters in the Cumberland Law Journal, dated "06/05." ~ ~8 '"11 (j c-~) '-iJ '.--) , ;,:~j :-)j (~G -;J \- )- IT1 8. The Executor did not, however, place the claimed advertisement in the Cumberland Law Journal and should be denied credit for the claimed $85 expenditure and surcharged accordingly. 9. The Objectant herself published the required executor's notice, on the Executor's behalf, in the Cumberland Law Journal, paying the standard rate of $75, and the first complete advertisement of the grant of letters in the within estate thereafter occurred on July 7, 2006. 10. The third item under "Administrative Costs" at page 4 of the said Account claims an executor's commission of $1,096.69, apparently collected by the Executor in two installments dated "06/05" and "08/05." 11. Despite having twice paid himself from estate funds for alleged services as executor, the Executor, by August 15, 2005, had not notified the Objectant and her husband, formally or informally, that they were the beneficiaries of the decedent's estate, and they were, consequently, unaware that they were the decedent's beneficiaries. 12. The Register, by letter of August 15,2005, reminded the Executor that he had failed to timely certify that notice had been given, as required. 13. The Executor failed to respond, and subsequently failed to appear at a hearing scheduled before this Court on November 21,2005, in order that the Executor answer for his failure to notify the beneficiaries of their interest in the estate. 14. The Objectant and her husband learned that they were the beneficiaries of the estate only as a result of a hopeful relative's having hired a lawyer to obtain a copy of the decedent's will from the Office of the Register, at a cost of $75. 15. The said relative, although disappointed in his own hopes, notified the Objectant and her husband of their status as beneficiaries of the estate and agreed to allow them to view the decedent's will upon their payment te him of the $75 he had paid an attorney to obtain it. 16. The Executor should be surcharged $75 as an additional, unnecessary cost to the Objectant of the Executor's failure to provide notice to the estate's beneficiaries. 17. The Executor failed to file the inheritance tax return or to pay the tax, until cited to do so, solely as a result of the Objectant's petitions to this Court. 18. The Executor's neglect of his duties and his callous failure to communicate with the beneficiaries of the estate, to whom his fiduciary duties were owed, caused the Objectant and her husband distress and anxiety, and further caused them to incur legal fees made necessary only by the Executor's persistent neglect of his duties. 19. The Executor should be denied his claimed fee of $1,096.69, as plainly exceeding the reasonable value of his services to the estate. 20. The Executor should be surcharged $1,653.50 for the reasonable attorney fees incurred by the Objectant, as a direct result of the Executor's dilatory, obdurate and vexatious conduct during the period following his taking the Oath before the Register and the grant of his Letters. WHEREFORE, the Objectant prays this Honorable Court surcharge the Executor, as follows: $85 not paid as claimed to publish the executor's notice in the Cumberland Law Journal; $1,096.69 for commissions paid to himself, but not earned or deserved; $1,653.50 for the Objectant's reasonable attorney's fees, pursuant to 42 Pa. C.S. S 2503. Dated: '(; /1 { ,2006. Respectfully submitted, SAllIS, FLOWER & LINDSAY BY:~ te- - Thomas E. Flower, Esq. Id. No. 83993 2109 Market Street Camp Hill, P A 17011 717-737-3405 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION INRE: THE ESTATE of CARRIE A. SHIVELY, deceased No. 2005 - 00519 Late of Newville Borough VERIFICATION I, Betty 1. Stouffer, Petitioner, hereby verify that the statements made in the foregoing Objections are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: August ~, 2006 By: I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION INRE: THE ESTATE of CARRIE A. SHIVELY, deceased No. 2005 - 00519 Late of Newville Borough CERTIFICATE OF SERVICE AND NOW, this L day of August, 2006, I, Thomas E. Flower, Esquire, of the firm of Saidis, Flower and Lindsay, hereby certify that I this day served a true and correct copy ofthe foregoing Objections upon the party listed below via United States Mail, postage prepaid, addressed as follows: John McCrae c/o Sally J. Winder, Esquire 9947 Molly Pitcher Hwy. Shippensburg, P A 17257 Respectfully submitted, s~~ By:\ .... Thomas E. Flower, Esquire Supreme Court ill #83993 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Petitioner