HomeMy WebLinkAbout08-12-08Johnson, Duffie, Stewart & Weidner
By: Edmund G. Myers
I.D. No. 20558
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
IN RE: ESTATE OF JACK EDWARD
HENRY, Late of the Borough of
New Cumberland, Cumberland County,
Pennsylvania, Deceased
ORPHANS' COURT DIVISION
No. 21-08-0085
MOTION TO MAKE RULE ABSOLUTE
Petitioner, Hilda D. Christophel, through her counsel, Johnson, Duffie, Stewart &
Weidner, files the following Motion to Make Rule Absolute:
1. Petitioner is the Executrix of the Will of Jack Edward Henry ("Decedent"), who
died on November 29, 2007.
2. On May 30, 2008, Petitioner filed a Petition for Citations to Respondent and to
Lorraine D. Greene to appear and show cause why they should not immediately turn over to
Petitioner Decedent's funds and to provide a complete accounting of receipts and expenditures
from Decedent's proceeds from the sale of Decedent's residential real estate.
3. By Order dated June 4, 2008, this Honorable Court directed that Citations be
issued to Respondent and to Lorraine D. Greene.
Attorneys for Petitioner
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IN THE COURT OF COMMON PL1=;AS OF
CUMBERLAND COUNTY, PENNSY"LVANIA
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4. On June 6, 2008, the Register of Wills of Cumberland County served the
Citations upon Respondent and Lorraine D. Greene in accordance with the Court's June 4, 2008,
Order.
5. Respondent, Minerva P. Henry, filed an Answer with New Matter on June 24,
2008.
6. Lorraine P. Greene has not responded to the Citation.
7. On July 7, 2008, this Honorable Court set a hearing on the Petition for August 29,
2008.
8. In her Answer with New Matter, Respondent admits that Petitioner is the
Executrix of the Decedent's Will; that funds owned by Decedent were deposited into an account:
controlled by Respondent; that Petitioner demanded access to the funds; and that Respondent
refuses to turn over Decedent's funds to Petitioner.
9. Respondent's Answer with New Matter fails to place into dispute any material
facts which otherwise preclude this Honorable Court from making the Rule to Show Cause
absolute.
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WHEREFORE, Petitioner respectfully requests this Honorable Court to issue an Order
directing Respondent, Minerva P. Henry, to turn over Decedent's funds and to provide a
complete accounting of Decedent's proceeds from the sale of Decedent's residence.
Respectfully submitted,
DATE: _ ~`2 LObQ~
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JOHNSON D~UF,~FI~Ei/, STEWART & WEIDNER
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Edmund G. M ers
Attorney LD. No. 20558
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Petitioner
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion to Make Rule Absolute has been duly
served upon the following, by depositing the same in the United States Mail, postage prepaid, in
Lemoyne, Pennsylvania, first class mail, on the ~_ day of August, 2008:
Shane B. Kope, Esquire
Kope & Associates, LLC
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
Attorney for Respondent, Minerva P. Henry
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Edmund G. My rs
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