HomeMy WebLinkAbout06-05-06 (3)
Neil W. Yahn, Esquire
Attorney I.D. No. 82278
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17036
Attorneys for Petitioner
INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF LINWOOD B. PHILLIPS,
JR., Deceased
ALICE R. PHILLIPS,
ORPHANS' COURT DIVISION
Petitioner
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LINWOOD B. PHILLIPS, III,
Respondent
MOTION FOR EMERGENCY RELIEF
PARTIES
Upon information and belief, the Petitioner, ALICE R. PHILLIPS, by and through
her attorneys, JAMES, SMITH, DIETTERICK AND CONNELLY, LLP, files this
Motion for Emergency Relief to enjoin Linwood B. Phillips, III (the "Respondent' ifnot
referenced by name), from entering any of the real property of the estate of the Decedent
pending the adjudication of certain claims related to this matter for the following reasons.
1. Petitioner, Alice R. Phillips, is an adult individual residing at 93 Encks Mill
Road, Carlisle, Pa 17013, and is the surviving spouse ofthe decedent, Linwood B. Phillips,
Jr. (the "Decedent').
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2. The Petitioner filed a Petition for Relief with this Honorable Court against
the current executor, Robert G. Frey (the "Executor") seeking amongst other relief, his
removal as Executor, and now seeks additional relief from this Honorable Court against the
Respondent.
3. The Respondent is a named beneficiary under the Decedent's Will, provided
however, pending the adjudication of certain claims not limited to the Elective Share (as
further set forth in the Petition for Relief) Petitioner may be entitled to one-half (11) of the
Estate of the Decedent, and thus, the actual distribution of Estate is unknown.
4. Petitioner avers the assets of the Estate may exceed Sixty Million Dollars
($60,000,000).
JURISDICTION AND VENUE
5. This action arises under the laws of the Commonwealth of Pennsylvania and
is within the subject matter jurisdiction of this Orphans' Court as per 20 Pa. C.S.A. 9711.
6. Venue in this Court is proper pursuant to Pa. R. Civ. P. 1006 and 2179.
7. The Decedent died on February 2,2006, a resident of Cumberland County,
Pennsylvania.
8. Petitioner has standing to file this Petition for Relief as a person interested in
the Estate of the Decedent as an intestate heir entitled to file her Elective Share as defined
below.
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FACTS AND ALLEGATIONS
9. Petitioner is desirous of enjoining the Respondent from entering the property
as defined on the attached Exhibit "A" pending the adjudication of the claims related to the
Estate.
10. While the specific devise of the residence or the Property is set forth within
the Will as a life estate to the Petitioner, the surrounding property is in question.
11. Petitioner avers the Respondent threatened the Petitioner and her son, Harold
C. Mirabito, Sr., on several occasions, including as recently as last Sunday evening (May
28,2006), where Respondent Phillips, stated, "If you step across that line, I will hurt
you.. .".
12. Respondent Phillips has repeatedly threatened the Petitioner and her relatives
with physical violence.
13. On the day of the Decedent's death, the Respondent called the Petitioner
various profanities not limited to "a fucking asshole" and a "gold-digging bitch" and should
die.
14. On Sunday evening, the Petitioner and her relatives observed the Respondent
rummaging through the Petitioner's trash whereupon the Respondent stated, "Come beyond
the fence, I will take care of you".
15. Respondent, while at one time employed by the Decedent, was terminated for
reasons beyond the scope of these pleadings.
16. The Pennsylvania State Police have been called to the Property over ten
times since the death ofthe Decedent and the Respondent continues to harass the Petitioner.
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ESTATE ASSETS
17. Pending the adjudication of the Petitioner's claims, the assets ofthe Estate
have not been distributed and until such distribution, the Respondent should be enjoined
from entering the Property.
18. Petitioner requests this Honorable Court to enter an order enjoining the
Respondent from entering the Property as outlined above pending an adjudication of the
claims as referenced in the Petition for Relief.
19. Petitioner further requests that in the event the Respondent desires access to
the Property, said access be provided only when the Executor is present.
WHEREFORE THE PETITIONER REQUESTS THE FOLLOWING RELIEF:
Respondent is enjoined from accessing the Property during the pendancy of the
claims as set forth in the Petition for Relief; the Respondent is only permitted to access the
perimeter of the Property accompanied by the Executor; and together with such other relief
as the court deems proper.
Respectfully submitted,
James, Smith, Dietterick & Connelly, LLP
Date: .; / be> I t> i"
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VERIFICATION
I, Neil W. Yahn, Esquire, on behalf of Alice R. Phillips, verify that the facts set forth
in the foregoing document 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. S4904, relating to unsworn falsification to authorities.
Date: -5 J 'tot..> I 0 ~
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CERTIFICATE OF SERVICE
I, NEIL WARNER Y AHN, Esquire, do hereby certify that I served a true and correct
copy of the foregoing Motion for Emergency Reliefupon the following below-named
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individuals by depositing it in the u.s. Mail at Hershey, Pennsylvania this zi- day of
May, 2006.
SERVED UPON:
Linwood B. Phillips, III
c/o Robert G. Frey
Frey & Tiley
5 South Hanover Street
Carlisle Pennsylvania 17013