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Home My WebLink About10-24-08F:FILES~Clicnis~111J5 FreyTilry~11145.2.petition.to.approve.uttlemrnt.wpd Created'. 9 2U~U4 U:06PM Revised. IU44 US 3:1'AM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr. n C ~ S C"7 ..~'r-n .v JJ,~ -- -,-, ~1~-}T .~-~ `_ t~ L`7 O C"7 --{ N ^ T cn IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF LINWOOD B. PHILLIPS, JR.,: CUMBERLAND COUNTY, PENNSYLVANIA NO.21-06-0122 ORPHANS' COURT DIVISION EXECUTOR'S PETITION FOR AUTHORITY TO SETTLE AND COMPROMISE THE CLAIMS OF ALICE R. PHILLIPS AGAINST THE ESTATE AND NOW, comes Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr., deceased, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby petitions this court pursuant to 20 Pa.C.S.A. § 3323 for authority to compromise a claim against the estate of Linwood B. Phillips, Jr., deceased. Petitioner respectfully represents that: 1. Petitioner is a licensed, practicing attorney with a business address at 5 South Hanover Street, Carlisle, PA 17013. 2. On February 8, 2006, Letters Testamentary were granted to petitioner by the Register of Wills of the County of Cumberland, Commonwealth of Pennsylvania. Petitioner qualified and thereafter acted and is still acting as the Executor of such estate. 3. On June 22, 2006, Alice R. Phillips filed for her Elective Share as per 20 Pa. C.S.A. §2201 against the Estate. 4. Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr., objected to the Elective Share premised on the grounds that Alice R. Phillips waived her right to the Elective Share under a Prenuptial Agreement dated October 2, 2000. 5. On or about August 21, 2006, Alice R. Phillips filed a Petition to Set Aside the Prenuptial Agreement premised upon various claims as described therein. Alice R. Phillips also filed and raised allegations indicating that Robert G. Frey, Robert M. Frey and Frey & Tiley were involved in a conspiracy to defraud her. 6. On July 11, 2008, the court granted Alice R. Phillips' Motion in Limine, precluding petitioner's invocation of the Pennsylvania Dead Man Statute. Petitioner had then filed an application to certify that ruling for an interlocutory appeal to the Superior Court. 7. A Mediation was held before Samuel Andes, Esquire, on September 8, 2008. 8. By Order of Court of September 24, 2008, a Settlement Conference is scheduled for October 21, 2008. 9. The Petitioner and Alice Phillips have reached a tentative agreement, entitled "Settlement Agreement and General Release." 10. Petitioner believes that it is in the best interest of the estate that such compromise be made because it is necessary to preserve the assets of the estate as best as possible. 11. The names and addresses of all persons interested in this proceeding who are required to be cited on this application or concerning whom the court is required to have information are as follows: Surviving Spouse Alice R. Phillips c/o Neil W. Yahn, Esquire JAMES, SMITH, DIETTRICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 Dau ter Linda L. Stull c/o Hubert X. Gilroy, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Son Linwood B. Phillips, III c/o Hubert X. Gilroy, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Son W. Alan Phillips 65 West Big Spring Avenue, Apt. 3 Newville, PA 17241 Son Merle R. Phillips 938 Rockledge Drive Carlisle, PA 17013 Great Grandchildren Children of Linwood B. Phillips, IV (deceased) and Catina Lee Phillips Beyanca Phillips (minor) Ryan Phillips (minor) c/o Michael A. Scherer, Esquire O'BRIEN, BARK & SCHERER 19 West South Street Carlisle, PA 17013 Grandchildren Son of Linwood B. Phillips, III Mark Phillips 344 Pond View Drive Harleysville, PA 19438 Grandchildren Children of W. Alan Phillips April R. Phillips Dept. Of Corrections, DC#OLO212 SCI Muncy P.O. Box 180 Muncy, PA 17756 Michael A. Phillips 441 Crossroads School Road Carlisle, PA 17015 Grandchildren Children of Linda L. Stull Kelly Diodato 912 Burr Avenue Carlisle, PA 17013 John C. Miller, III 689 Valley View Drive Boiling Springs, PA 17007 WHEREFORE, Petitioner, Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr., requests that this Honorable Court issue a Decree APPROVING the Settlement Agreement and General Release between Alice R. Phillips and the Estate. Respectfully Submitted, MARTSQAi LAW OFFICES By: George B. Fa11eP, Tr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: I ~l ! ~ ~-~ ~ ~~ ~ Attorneys for Robert Frey, Executor of the Estate of Linwood B. Phillips, Jr. CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Executor's Petition for Court Approval to Settle and Compromise the Claims of Alice R. Phillips 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 MARTSON LAW OFFICES ~~ By: ,~~1 ~~. Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~ L I ~~ I V