The URL can be used to link to this page

Home My WebLink About11-19-07 INRE: (") S;o <', ::n u:'i-o 43$P '> -;;: 93 .,.. '."::(/)^ ....... (:JOQ -0 ,:-) 0 " -.... C) C .... 0:0 W :-0 --l .. IN THE COURT OF COMMON PLEAS O~ CUMBERLAND COUNTY, PENNSYLVANIA ~ c::::;) c::::;) ..... :z: c:> -< :::a -q f'T' rT1{:"") GJO C:0 ::n ---lZ-J n1rn :.J:J CJ CJO -. "I ""fl _"; ,I :"~o ~:: r-n C/J ...:=) .-'f -~ Neil W. Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner ESTATE OF LINWOOD B. PHILLIPS, JR, : Deceased ALICE R. PHILLIPS, Petitioner ORPHANS' COURT DIVISION v. : NO. 21-06-0122 ROBERT G. FREY Respondent PETITION FOR EST ATE ACCOUNTIN.G The Petitioner, ALICE R. PHILLIPS, by and through her attorneys, JAMES, SMITH, DIETTERICK AND <;ONNELL Y, LLP, files this Petition for Estate Accounting to be completed by the Respondent, ROBERT G. FREY, from the date of death of the Decedent until today's date pending an adjudication of the Elective Share. 1. Petitioner, Alice R. Phillips, is an. adult individual residing at 93 Encks Mill Road, Carlisle, Pa 17013, and is the surviving spouse of the Decedent, Linwood B. Phillips, Jr. (the "Decedenf'). 2. The Decedent died on February 2, 2006, a resident of Cumberland County, Pennsylvania. en 3. Respondent, Robert G. Frey, (the "Respondenf') is a licensed attorney practicing in the Commonwealth of Pennsylvania with Frey & Tiley, with a principal office situated at 5 South Hanover Street, Carlisle Pennsylvania. 4. The Decedent's Last Will and Testament and Codicils have been offered by the Respondent for probate and Letters Testamentary were issued to the Respondent. 5. Petitioner has standing to file this Petition for Estate Accounting as a person interested in the Estate of the Decedent. 6. Petitioner is seeking her elective share against the Will as per 20 P A. S.C. S2102 (the "Elective Share"). 7. Respondent objected to the Elective Share citing a Prenuptial Agreement to which the Petitioner filed the Petition to Set Aside the Prenuptial Agreement. 8. Pending the adjudication of the Elective Share and the Petition to Set Aside the Prenuptial Agreement, Petitioner is desirous of discerning the status of the assets owned by the Estate and certain inconsistencies in valuation to the Pennsylvania Inheritance Tax Return (Form 1500) and the recent sale of certain real property. 9. As of the date hereof, the Respondent has not provided an Inventory or Accounting to the Petitioner of the Estate's assets despite almost two years since the date of death of the Decedent, and yet the Respondent continues to proceed with the disposition of various assets including the sale of certain commercial properties. 10. Petitioner avers that the disposition of any asset at this stage is inappropriate and imprudent absent an Inventory and Accounting. -2- 11. Petitioner requests this Honorable Court to enter an order enjoining the Respondent from disposing of any Estate assets pending court approval, an inventory be filed and an accounting be so ordered. WHEREFORE, THE PETITIONER REQUESTS THE FOLLOWING RELIEF: Respondent be enjoined from disposing of any assets of the Decedent's estate pending court approval; Respondent provide an Inventory and Accounting of all of the Decedent's assets within Thirty (30) days from the date hereof in preparation for the conference with this Court on December 26, 2007; and together with such other relief as the Court deems proper. Respectfully submitted, Date: November 19, 2007 - 3 - VERIFICATION I, 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: It Iltf f7 , ~f~~ Alice R. Phillips CERTIFICATE OF SERVICE I, NEIL WARNER Y AHN, Esquire, do hereby certifY that I have this 19th day of November, 2007 served a true and correct copy of the foregoing Petition for Estate Accounting upon the following below-named individuals in the manner indicated below: SERVED UPON: HAND DELIVERY Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, P A 17013 Attorney for the Estate of Linwood B. Phillips, Jr. and Executor U.S. MAIL FIRST CLASS George B. Faller Jr., Esquire Michael J. Collins, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, P A 17013 Attorney for Robert G. Frey U.S. MAIL FIRST CLASS Hubert X. Gilroy, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 Attorney for Linda Stull and Linwood B. Phillips, III