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HomeMy WebLinkAbout07-10-08 (2)a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ ORPHANS' COURT ~ ~ °" ~ ~= ROBERT G. TRAVER O.C. No. 2008-OOS64 "''~ -- _ and _ _ ~~„ -v ~ ` ` - LOIS J. TRAVER ~' ~ .r ~ = ~- y-;. ~ --- MOTION TO RECONSIDER ORDER MAKING RULE ABS OLUTE ~ Respondent, Robert G. Traver and Lois J. Traver, by and through their Attorney-in-Fact, Anna Messimer, by undersigned counsel, Gates Halbruner & Hatch, PC, file this Motion to Reconsider Order Making Rule Absolute as follows: 1. This litigation was commenced by ManorCare Health Corporation (ManorCare) when it filed a Petition for Removal of Agents and Appointment of Trustee on May 23, 2008. 2. This Court issued a Rule on June 5, 2008 scheduling a hearing on Friday, June 20, 2008. This Rule was served upon Respondent, Anna Messimer's counsel, Lowell R. Gates, Esq. of Gates, Halbruner & Hatch, P.C. 3. One week later, ManorCare then filed a Petition for Accounting on June 13, 2008 and did not serve Anna Messimer or her counsel, Gates, Halbruner & Hatch, P.C.. 4. On June 17, 2008, this Court issued a Rule returnable in three (3) days on June 20, 2008 and this Court did not serve Gates, Halbruner & Hatch, PC as counsel for the Respondent but only served the Respondent Anna Messimer in accordance with the envelopes provided by ManorCare. 5. On June 19, 2008, Respondent filed an Answer to the Petition to Remove. 6. Also on June 19, 2008, ManorCare and an intervening third party requested this Court reschedule the hearing and this Court consented to reschedule the hearing to August 8, 2008. This Court did not extend the previously issued Rule which was returnable in three (3) days and which was not served on Respondent's counsel. 7. Counsel for Respondent, Gates, Halbruner & Hatch, P.C., was not served the Petition for Accounting nor the Preliminary Decree (returnable in 3 days) issued by this Court and was completely unaware of the existence of this second Petition and Preliminary Decree from this Court. Anna Messimer, anon-attorney, had no reason to believe that her counsel did not receive the Petition, since Counsel had received all previous communications. Furthermore, the return date had already expired by the time she had received the Preliminary Decree on June 20, 2008. 8. On June 27, 2008, Petitioner filed a Motion to Make the Rule Absolute regarding the Petition for Accounting and served Respondent's counsel. 9. Gates, Halbruner & Hatch, PC was first made aware of the Petition for Accounting on July 1, 2008 when it received Petitioner's Motion to Make the Rule Absolute. On July 3, 2008, Respondent filed an Answer and New Matter to the Motion to Make the Rule Absolute. 10. On July 7, 2008, this Court issued an Order making the Rule Absolute and Ordering the Respondent Anna Messimer to file two accountings of all financial actions and transactions undertaken as the Agent for Robert G. Traver and Lois J. Traver. 11. ManorCare's service upon Anna Messimer was improper and an attempt to manipulate this Court's deadlines by ensuring Anna Messimer's counsel would not receive notice prior to the return date and time. 12. Respondent respectfully requests this Court reconsider its Order of July 7, 2008 and instead, this Court should order ManorCare to properly serve the Petition for Accounting and Citation upon Anna Messimer's counsel, Gates, Halbruner & Hatch, P.C., and allow a full twenty (20) days for a response to the Petition. 13. Respondent further requests this Court order the Petitioner to served Respondent's counsel, Gates, Halbruner & Hatch, P.C. with all future pleadings and filed documents. Wherefore, Anna Messimer, as Attorney-in-Fact for the Travers, respectfully requests this Court vacate its Order of July 7, 2008 and issue an Order denying ManorCare's Petition for Accounting. In the alternative, Anna Messimer respectfully requests this Court vacate its July 7, 2008 Order and issue a new Preliminary Decree upon Anna Messimer's counsel, Gates, Halbruner & Hatch, P.C., that is returnable on August 8, 2008 which is the new date set for the hearing. In either case, Respondent asks for sanctions against ManorCare for abuse of the legal process or such other relief as this Court deems appropriate. Respectfully S July 9, 2008 Low 1 R. Gates, Esquire Att ey ID No. 46779 G es, Halbruner & Hatch, P.C. 1 13 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ROBERT G. TRAVER No. 2008-00564 and LOTS TRAVER Civil Action CERTIFICATE OF SERVICE I, Sarah E. McCarron, hereby certify that a true and correct copy of the foregoing Motion to Reconsider Order Making Rule Absolute was served on the following this day by first class United States postal service, postage pre-paid: Kirk Sohonage, Esquire 417 Walnut Street 4th Floor Harrisburg, PA 17101 Edward Seeber 555 Gettysburg Pike Suite C-400 Mechanicsburg, PA 17055 July 9, 2008 Sarah E. McCarron PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 717.731.9600 717.731.9627 s mccarroll(a~~ateslawfirm.com