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Home My WebLink About08-04-08IN THE COURT OF COMMON PLEAS '~=' CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ORPHANS' COURT ~ ? ~' ~ V - ; ~-- - _ -. ; ;, ~ _ __ , -- ~r -, . _~' r i ~-l -t'~ _ ' IN RE: ROBERT G. TRAVER ~~ '' -~-• ' `t; e and O.C. No. 2008-0056-~ -~-' LOIS J. TRAVER ~a~ ' RESPONSE TO MOTION TO RECONSIDER ORDER MAKING RULE ABSOLUTE AND NOW COMES, HCR ManorCare -Camp Hill ("ManorCare"), by and through its counsel, ScHVTJFR BOGAR LLC, and files this Response to the Motion to Reconsider Order Making Rule Absolute: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that the Court issued a [Zule on June 5, 2008 scheduling a hearing on Friday, June 20, 2008. ManorCare has no :knowledge as to whether the Rule was actually served upon Lowell Gates, Esquire, strict proof thereof is demanded. ManorCare likewise had no knowledge as to whether Lowell Gates, Esquire, was counsel for Anna Messimer. Strict proof thereof is demanded. Furthermore, ManorCare believes that Lowell Gates' representation of Anna Messimer and Robert and Lois Traver would be contrary to the Pennsylvania Rules of Professional Conduct. A Motion to Disqualify is being filed concurrently with this response. ORIGINAL 3. Denied. ManorCare served its Petition for Accounting on Anna N[essimer, pursuant to the certificate of service attached thereto. ManorCare has no knowledge as to whether Lowell Gates, Esquire, is counsel for Anna Messimer. Strict proof thereof is demanded. Furthermore, ManorCare believes that Lowell Gates' representation of Anna Messimer and Robert and Lois Traver would be contrary to the Pennsylvania Rules of Professional Conduct. A Motion to Disqualify is being filed concurrently with this response. 4. Admitted. By way of further answer, ManorCare had no knowledge as to Lowell Gates, Esquire's representation of Anna Messimer. Furthermore, ManorCare believes that Lowell Gates Esquire's representation of Anna Messimer and Robert and Lois Traver would be contrary to the Pennsylvania Rules of Professional Conduct. A Motion to Disqualify is being filed concurrently with this response. 5. Admitted. By way of further answer, on June 19, 2008, Lowell Gates, Esquire filed an entry of appearance "on behalf of Robert and Lois Traver." Nothing in that document reflects any purported representation of Anna Messimer. 6. Admitted in part, denied in part. It is admitted that ManorCare consented to the intervening third party's request to reschedule the hearing and that this Court rescheduled the hearing to August 8, 2008. It is also admitted that this Court did not extend the previously issued Rule which was returnable in three (3) days. Prior to receiving the instant Motion, ManorCare had no knowledge as to Lowell Gates, Esquire's representation of Anna Messimer. It is therefore denied that Lowell Gates, 2 Esquire is counsel for Anna Messimer. Strict proof thereof is demanded. Furthermore, ManorCare believes that Lowell Gates, Esquire's representation of Anna Messimer and Robert and Lois Traver would be contrary to the Pennsylvania Rules of Professional Conduct. A Motion to Disqualify is being filed concurrently with this response. 7. Admitted in part and denied in part. It is specifically denied that Anna Messimer did not receive the Preliminary decree until June 20, 2008. A copy of the Affidavit of Service, executed by Timothy Hoot of Shinkowsky Investigations, c[emonstrating personal service on Anna Messimer on June 18, 2008, is attached hereto ass Exhibit "A." It is admitted that GATES, HALBRUNER & HATCH, P.C. was not served with the Petition for Accounting or the Preliminary Decree. As stated previously, prior to receiving the instant Motion, ManorCare had no knowledge as to Lowell Gates, Esquire's representation of Anna Messimer. It is therefore denied that Lowell Gates, Esquire, is counsel for Anna Messimer. Strict proof thereof is demanded. Furthermore, ManorCare believes that Lowell Gates, Esquire's representation of Anna Messimer and Robert and Lois Traver would be contrary to the Pennsylvania Rules of Professional Conduct. A Motion to Disqualify is being filed concurrently with this response. 8. Admitted. By way of further answer, Lowell Gates, Esquire was served with the June 27, 2008, Motion to Make the Rule Absolute pursuant to the entry of appearance filed on June 19, 2008. 3 9. Denied. It is denied that GATES, HALBRUNER & HATCH, P.C. was first made aware of the Petition for Accounting on July 1, 2008. On June 27, 2008, GATES, HALBRUNER & HATCt~, P.C. filed a response in York County. A copy of the Response and cover letter dated June 27, 2008, is attached hereto as Exhibit "B." 10. Admitted. 11. Denied. 12. Denied. Contrary to the misstatements of fact averred by Attorney Gates, ManorCare asserts that service upon Anna Messimer was proper, and was effected on June 18, 2008, as evidenced by the return of service attached hereto as Exhibit "A." Ijurther, the letter and accompanying Response filed in the York County Court of Common Pleas on June 28, 2008, demonstrates, again contrary to the assertions of Attorney Gates, that ManorCare's Motion to Make Rule Absolute was received by ,!attorney Gates' office prior to July 1, 2008. Attorney Gates' failure to file a response in 1:he proper court should not prejudice ManorCare. 13. Admitted. All future pleadings and filed documents will be served on GATES, HALLBRUNER & HATCH, P.C., as they have been since Mr. Gates entered his appearance on behalf of Robert and Lois Traver. 4 WHEREFORE, Petitioner respectfully requests this Honorable Court deny the Motion to Reconsider the Court's Order to Make Rule Absolute. Respectfully submitted, SCHUTJER BOGAR LLC ~~ Dated: ~ ~ ~ ~ By: Kirk Sohonage Attorney I.D. No. 77851 (717) 909-8160 Brandon S. Williams Attorney I.D. No. 200713 (717) 909-5922 417 Walnut Street, 4~Floor Harrisburg, PA 17101 Fax No.: (717) 909-5925 Attorneys for Petitioner ManorCare 5 EXHIBIT "E~l" (TO MOTION TO RECONSIDER ORDER MAKING RULE ABSOLUTE Commonwealth of Pennsylvania, County of Cumberland CASE NO.: 21-2008-564 AFFIDAVIT OF SERVICE In RF;: Robert G. Traver and Lois J. Traver vs. Commonwealth of Pennsylvania County of Dauphin ss. I, Timothy Hoot, a competent adult, being duly sworn according to law, depose and say that at 5:10 PM on ^6/1S/20J~, I se..ed Anra ~ressimer at 1095 Piretotis^^. Read , ~.e.~isb~.ry, PA 17339 in the manner descri'ved below: ~1 Defendant(s) per so;,ally served. Adult family member with whom said Defendants} reside(s). Relationship is Adult in charge of Defendant(s) residence who refused to give name and/or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: a true and correct copy of Preliminary Decree, Petition for Accounting issued in the above captioned matter. Description: Sex: Female -Age: 35 -Skin: White -Hair: Blonde -Height: 5' 06" -Weight: 790 this d b f b />~ r-- Time of ore me on e e Sworn to and subscri <-yr-~'1 d_,~, ~f ~t ht- __ 20~. Shinkowsky In~~estigatinns ~. 3I6 Fawn Ridge North ~ Harrisburg, PA 17110 /~ ~ (800) 2'76-0202 NOT. Y PUBLIC v COMMONWEAi_~ ~ v!= PENNSYLVANIA Atty Fi le# . - Our File# 4234 Notarial Seal "' John F. Shi~kowsky, Notan,~ Public c _, n c~ `'' ' Susquehanna Twp., Dauphin County :=y ~ c.... C ~ My Commission Expires Sept. 28, 2010 -t7 ennsvi~~~^~~ r ~=at5on of Noterie° Law Firm: Schutjer Bogi?~L',~~ - 'b r "- r :=~ --~ ~ _: -~m ~ Address: 417 Walnut Street, 4th Floor, Harrisburg, PA, 17102 _ -_ ` '." ~` Telephone: (717) 909-5925 c J~' ~c~ -v -- , ~, -:0-,, ~ _ C _- ~ J - - r ` r_ i ~ ( J O COO p~ EXHIBIT "B" (TO MOTION TO RECONSIDER ORDER MAKING RULE ABSOLUTE LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX_ (717) 731-9627 LOWELL R. GATES, LL M. CORRESPONDENCE ADDRESS: BRANCH OFFICE-. LL M. in Taxation Lemoyne Office 3 WEST MONUMENT SQUARE, SUITE 304 Also Admitted h~ Massachusetts Bar WEB SITE: LEWISTOWN, PA 77044 MARK E. HALBRUNER CRAIG A. HATCH, CELA www.GateSLawFirm.com (717) 248-6909 Certified as an Elder Law Attorney by the National Elder Law Foundation ~7 CLIFTON R. GUISE June Z /, 2008 Also Admitted to practice before the U.S. Patent & Trademark Office SARAH E. Mct3ARBOtL..notary of York County tY" [oUr~1klUCounty Judicial Center 4.5 North George Street York, Pennsylvania 17401 RE: Manor Healthcare Corp. v_ Lois Traver 20ii~s-JtJ-~Jy- Y V1 >Jlear Prothonotary, STACEY L. NACE Paralegal/Office Manager TRACT L. SEPKOVIC Paralegal VALERIE LONG Paralegal TRACT L. SHERIDAN Paralegal Enclosed please find an Answer and New Matter to Motion to Make Rule Absolute for filing in the above referenced case. Please return atime-stamped copy in the enclosed SASE. Thank you. Sincerely, Gates, Halbruner & Hatch, P.C. Sarah E. McCarron >~:ncl . ,- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT IN RE: ROBERT G. TRAVER O.C. No. 2008-00564 and LOTS 3. TRAVER ANSWER AND NEW MATTER TO MOTION TO MAKE RULE ABSOLUTE Respondent, Robert G. Traver and Lois J. Traver, by and through their undersigned counsel, Gates Halbruner & Hatch, PC, file this Answer to the Motion to Make Rule Absolute respond as follows: Admitted upon, i„formation and belief. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Denied. The Respondent filed an Answer and New Matter to the Petitioner's Tvlotion to Remove on June I9, 2008 which addressed similar allegations. NEW MATTER 5. The Order issued by this Court was returnable at the date and time of the hearing scheduled for the Petitioner's Mation to Remove. 6. The Order was mailed to Respondent Anna Messimer directly via the United States postal service on June 17, 20008 and was returnable 3une 20, 2008. 7. Petitioner and an intervening third party requested to reschedule the hearing and the Court consented to reschedule the hearing to August 8, 2008. 8. Counsel for Respondents were not served the Petition for Accounting or the Preliminary Decree issued by the Court. 9. Petitioner was well aware of Anna Messimer's representation by counsel through numerous previous correspondence and dealings between the parties in concurrent cases. 10. Anna Messimer's counsel received service of the previously filed Petition to Remove on or about May 23, 2008. 11. Petitioner's service upon Anna Messimer was improper and an attempt to manipulate the Court's deadlines by ensuring counsel would not receive notice prior to the return date and time. 12. Petitioner should be required to serve the Petition for Accounting and Citation upon Gates, Halbruner & Hatch, P.C. and allow twenty (20) days to respond to the Petition. Wherefore, Anna Messimer, as Agent for the Travers, respectfully requests this Court deny ManorCare's Petition and grant sanctions against ManorCare for abuse of the legal process. Respectfully S~tbrr~tted, ~~~~~~~~ lone 27, 2008 ~ --j-- Lowell .Gates, Esquire Attorn y ID No. 46779 Gates Halbruner & Hatch. P.C. 1013 Mumma Road. Suite l 00 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 LOIS TRAVER Civil Action CERTIFICATE OF SERVICE 1, Sarah E. McCarron, hereby certify that a title a;~d co~,ect copy of the foregoing Answer and New Matter to Motion to Make 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 Hamsburg, PA 17101 Edward Seeber 555 Gettysburg Pike Suite C-400 Mechanicsburg, PA 17055 June 27, 2008 Sarah E. McCarron PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite i 00 Lemoyne, PA 17043 717.731.9600 717.731.9627 s.mccarroll(a,gateslawfirm.com CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the fi~regoing Response to the Motion to Reconsider Order Making Rule Absolute was served via first-class United States mail, postage prepaid upon the following: Lowell R. Gates, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Edward P. Seeber, Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP 555 Gettysburg Pike, Suite C-400 Mechanicsburg, PA 17055 Date: 8 ~ ° $ By~ William Keslar, Paralegal