HomeMy WebLinkAbout10-16-08F:~FILES~Clients~ 1 1 145 Frey TileyU 1145.2.petition
Created: 920104 0:05PM
Revised: 10/16/08 238PM
I 1145.2
George B. Faller, Jr., Esquire ~`L J ~ l `; I i ~ ~ r' ;l= O 7
I.D. No. 49813
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER r ~-~ ~
MARTSON LAW OFFICES ~ ~1 ~~~~ I ~ ~~~ ~~' ~~
10 East High Street ~.,;) ~ ~ ~ ~'
Carlisle, PA 17013
(717) 243-3341
Attorneys for Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr.
1N RE: IN THE COURT OF COMMON PLEAS OF
ESTATE OF LiNWOOD B. PHILLIPS, JR.,: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-06-0122
ORPHANS' COURT DIVISION
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM
AND NOW, comes Respondent, Robert G. Frey, Executor of the Estate of Linwood B.
Phillips, Jr., by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROS'
& FALLER, and hereby avers as follows:
1. The Petitioner is the Executor of the Estate of Linwood B. Phillips, Jr., who died
testate on February 2, 2006.
2. Linwood B. Phillips, Jr., had four children, including Linwood B. Phillips, III.
Linwood B. Phillips, III, had a son, Linwood B. Phillips, IV.
3. Linwood B. Phillips, IV, died intestate on June 28, 2007. It is believed that:
Linwood B. Phillips, IV, had two biological children and heirs as follows:
a. Beyanca R. Phillips (date of birth July 23, 1995); and
b. Ryan Phillips (date of birth March 6, 1991).
4. It is believed that the natural mother of both children is Catina L. Phillips.
5. Due to the death of their father, Linwood B. Phillips, IV, Beyanca R. Phillips and
Ryan Phillips, the great grandchildren of Linwood B. Phillips, Jr., are the residuary beneficiaries of
this estate.
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6. Petitioner believes that in order to protect the interests of those minor residuary
beneficiaries, that a guardian ad litem should be appointed.
7. Attorney Michael Scherer of O'Brien, Baric & Scherer in Carlisle, Pennsylvania, has
agreed to serve as Guardian Ad Litem in the present matter.
8. Petitioner requests that this Court issue an Order appointing Michael Scherer,
Esquire, as Guardian Ad Litem for Beyanca R. Phillips and Ryan Phillips.
9. A copy of this Petition will be served by personal service upon Catina L. Phillips as
she was just located and resides at 15 Broad Street, Shippensburg, Pennsylvania 17257.
10. Judge Joseph Rehkamp, formerly of Perry County, had been handling all aspects of
this case since the decedent's surviving spouse had attempted to remove Robert Frey as Executor.
11. Judge Joseph Rehkamp is not available to sign this Order.
12. Neil W. Yahn, Esquire and Hubert X. Gilroy, Esquire, concur in the Petition.
13. The Petitioner asks that this Order be expedited in that a hearing is currently
scheduled for October 21, 2008.
Respectfully Submitted,
MARTSON LAW OFFICES
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George B. Fa11~r, Jr., Esquire
I.D. No. 49813
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: October 16, 2008 Attorneys for Robert Frey, Executor of the Estate
of Linwood B. Phillips, Jr.
CERTIFICATE OF SERVICE
I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify that a copy
of the foregoing Petition for Appointment of Guardian Ad Litem was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Neil Warner Yahn, Esquire
JAMES, SMITH, DIETTRICK & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
Hubert X. Gilroy, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Ms. Catina L. Phillips
15 Broad Street
Shippensburg, PA 17257
MARTSON LAW OFFICES
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B~- t~ ! ~ ~~ ~~~~~
Melissa A. Scholly
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 16, 2008