Loading...
HomeMy WebLinkAbout03-16-07 ESTATE OF FLORENCE J. GORDON, (Deceased), : IN THE ORPHANS COURT OF : CUMBERLAND COUNTY,PENNSYL VANIA : NO. 2005-00916 PETITION FOR SPECIAL RELIEF ....-., = = -...I C) (:';0 -1") ::::;: ~~:I :::.* , --i" C) :;:;l;) ~:::f--- AND NOW comes, Adam Gordon, Executor of the Estate of Florence J. GotaQn, bYdmd ,.I .,., ~.r'.'''' through his counsel, Mark A. Mateya, Esquire, and in support avers the following:) ~ 1. The decedent, Florence J. Gordon, died testate on July 23,2005. ..t:"" 2. The estate of Florence J. Gordon was probated on October 17,2005 3. Adam Gordon has been named Executor according to the Last Will and Testament left by the late Florence J. Gordon. 4. The estate is nearly void of assets, except for the late Florence J. Gordon's minority ownership in the Mandon Partnership. 5. On or about September 12,2006, a Petition to Issue Citation Pursuant to Orphans' Court Rule 3 was filed to the above term and number. 6. On Order of Court dated October 6, 2006, was issued upon Fred R. Lerman and Robert R. Lerman to show cause why the relief requested in the Petition should not be granted with a Rule Returnable within 20 days of said date. 7. On October 30, 2006, Executor filed a Motion to Make Rule Absolute, having served a copy of said Petition and Rule to Show Cause on Richard Engel, Esquire, who had previously corresponded with Executor's counsel. 8. On November 3,2006, a telephone conference was held between this Honorable Court and Executor's counsel and Attorney Richard Engle. At the conclusion of said telephone conference the Court denied the Motion to Make Rule Absolute it appearing that the original ~ ... Rule to Show Cause issued by this Court was not served directly on Fred R. Lerman and Robert R. Lerman and that Attorney Richard Engel had not accepted service of the Rule on their behalf. Further, this Honorable Court re-issued the Rule to Show Cause on Fred R. Lerman and Robert R. Lerman with a Rule Returnable for 20 days from November 3, 2006. 9. On or about November 28,2006, Executor filed a Motion to Make Rule Absolute as Fred R. Lerman and Robert R. Lerman did not file any objections or responsive pleadings stemming from the November 3,2006 Order. 10. On December 1, 2006, this Honorable Court issued an Order directing that Fred R. Lerman and Robert R. Lerman to comply with the terms of the Mandon Partnership Agreement and to have a MAl approved appraisal and thereafter to follow through with the purchase of decedent's share of the Partnership according to the Mandon Partnership Agreement. 11. The December 1, 2006, Order was served on Fred R. Lerman and Robert R. Lerman by way of certified mail, return receipt requested on December 7, 2006. 12. On December 7, 2006, Executor's counsel contacted Fred Lerman and Robert Lerman and copied Attorney Engel concerning the carrying out of the Honorable Court's Order of December 1, 2006. 13. On or about January 9, 2007, Petitioner filed a Motion for Contempt of the Court Order of December 1, 2006. 14. On or about February 22,2007, a conference was held between counsel and the Honorable Judge Oler. 15. Fred and Robert Lerman have provided an appraisal by an MAl appraiser which recites a value of approximately four hundred and forty thousand dollars for the property owned by the Mandon Partnership. 16. Executor believes and therefore avers, relying upon an MAl appraiser's review of Respondent's appraisal, that the appraisal provided by the Lermans is under-valued by approximately one hundred thousand dollars. 17. The dispute between the Executor and the Lermans over the value of the property owned by the Mandon Partnership is at an impasse. WHEREFORE, Petitioner respectfully requests that this Honorable Court schedule a hearing to determine a definite amount of the value of the property owned by the Mandon Partnership. Respectfully submitted, Date: '3)r (p I u1 Mark A. Mateya, Esqu. Attorney ID No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax VERIFICATION I, Mark A. Mateya, Esquire, counsel for the Estate of Florence J. Gordon, verify that I was unable to obtain the Executor's Verification in a timely manner and further verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Mark A. Mateya, Es ire Counsel for Adam Gordon, Executor of the Estate of Florence J. Gordon DATED: ~b\01 CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Hubert X. Gilroy Esquire 4 N Hanover Street Carlisle, P A 17013 w Dated: 1,llilDl Mark A. Mateya, Esqui P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Z:\Clients\Gordon, Estate of Florence\Petition\SpeciaIReliefPet31607. wpd