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Home My WebLink About07-24-09F:iFiLES\Clients\II I45 Frey Tiley\11145.2.petitiontoshowcausel Created: 9i20~04 0:06PM Revised: 7 I Si09 I I :28AM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER n `~ --, MARTSON LAW OFFICES ~ Q ~ ': ='-; :-~~ rte- (;,_ , 10 East High Street - Carlisle, PA 17013 ~ ~' (717) 243-3341 ~~ ~- -~ _ -~ --, Attorneys for Executor of the Estate of Linwood B. Phillips, Jr. - ~ ~ ~ I ~` ~; --~ rv ~, ; -., 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 PETITION FOR CITATION TO SHOW CAUSE WHY CLAIM OF HARVEY SHAPIRO SHOULD NOT BE DISMISSED TO: The Honorable Joseph E. Rehkamp, specially sitting Senior Judge of the Orphans' Court of Cumberland County, Pennsylvania. AND NOW, comes the Petitioner Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr., hereby requests this Honorable Court to issue a citation in the above matter directed to Harvey H. Shapiro to show cause why any and all claims which he has against the Estate of Linwood B. Phillips, Jr., be dismissed with prejudice. 1. The above-named decedent, Linwood B. Phillips, Jr., died testate on February 2, 2006. 2. On or about February 8, 2006, Robert G. Frey, was duly appointed the Executor of the Decedent's Estate and letters testamentary were issued to Your Petitioner. 3. At the time of Decedent's death, Decedent was married to Alice R. Phillips. 4. Despite a prenuptial agreement, Alice R. Phillips, filed for an elective share of the Estate challenging the validity of the prenuptial agreement. 5. During the time of the ongoing controversy between the Executor of the Estate and Alice R. Phillips, Alice R. Phillips continued to reside in the marital home of Linwood B. Phillips, Jr., located at 93 Encks Mill Road, Carlisle, Cumberland County, Pennsylvania. 6. Your Executor has been presented with a claim by an adult individual, Harvey H. Shapiro, claiming that he left various personal property in the marital home known as 93 Encks Mill Road, Carlisle, Cumberland County, Pennsylvania. (A copy of that claim is hereby attached as Exhibit "A.") 7. Alice R. Phillips has since vacated the property and it does not appear that any of the property claimed by Harvey H. Shapiro remains at the marital residence. 8. Your Executor believes that Mr. Shapiro has no basis to make a claim against the Estate. Even if there is any truth to the allegations set forth in Mr. Shapiro's letter and exhibits, such claims would be properly made against Alice R. Phillips, not the Estate of Linwood B. Phillips, Jr. WHEREFORE, Your Petitioner requests that this Honorable Court issue a decree awarding a citation against Harvey H. Shapiro to show cause why his claim against the Estate of Linwood B. Phillips, Jr., should not be dismissed. MARTSON LAW OFFICES By f~ ~ y~b~ George B. Fallet~r`[, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: '~ ~ ,~J ~ ~ ~?~~ Attorneys for Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr. Nov, 18. 200$ 4:43PM . ~ ~ Harvey H. Shapira 4004 Trindle Rd. Camp Hill PA 17011 1a.z~.as Robert Frey, Jr., Esq.' Executor for the Bstate of L. B. Phillips t=rey and Tiley 5 South Hanover St. Carlisle PA 17013 Re: illegally held belongings pear Aitomey Frey: No. 1962 P. 2/4 E This is to confirm tp you as executor for the estate of L.B, Phillips that a great number of my belongings have been wrongly seised from me and are being l(lega(ly hQfd at 93 Encks Mill Road, Carlisle, the home of the late L B. Phillips. MY belongings are in the main pause, the mvltJ-car stone garage building, and the small garage building opposite the larger one. In addition, my troller is being held on the driveway. The estate of L.B. Phillips must promptly return ~!I of my belongings to me, none damaged or harmed, none illegally sold or disposed af. The following list is NQT CQMRLETE, but names!many of my belongings, the total value of which is in excess of $100,000. THE LIST IMPORTANT: THIS LIST IS VERY INCOMPLETE iYom Ray K's house: Very valuable antique display table From ofhce area: Box of venetian glass Nikon dig SLR camera and case Charger for battery for above Extra battery for above Items in leather back pack for above Computer stand table Swivel chair Chess set case: Kasparov Board (plastic, rolled) For chess set Exhibit "A" s04! Z00'd ~ZOO# HsZt[~H ~nxs.-,~~c -- Nov, 18, 2008 4,43PM No. 1962 P. 3/4 .' ( ~ Booklet that came with set Big eox of many lightbulbs (less chandelier ones) Books in LB's office, esp treasury of great poems Motorcycle title Current passport {or from center tit ewer in bedroon'~} Current computer brick and plug trackball mouse extension multi-plug wire From Miss Lucy's murder room; Missing end coif of large sensor of metal detector. Baakcase Barbell equipment: quite slot - at least 20 pieces Large round mesh outdoor table Marquetry table tap -valuable From room between kitchen and miss lucy<s murder room: Brunswick tournament pool table, gold crown model, much other pool equipment including valuable cue and lase, paintings by my grandmother, a recognized artist. sculptures and paintings by the mother, a recognized artist From bedroom: Seiko watch and band Snow and Newly axe and guards - an $ $Q item. ?? Snow and Newly maul -- an $ 80 item From bedroom bathroom: canvas case for AK 47, new bags of medication samples (medications are L, E, and R) From hall bathroom: Shaver charger From cat room between garage and kitchen: Small treadmill From garage in house: Air compressor Wrenches for oil filters (about 4 or 5) Jugs of motor oil Other tools (Several) bog cage Strong Car jack From 1 car garage below summer house so0! zoo~a ~zoo# Hzz~i3x 3~1r1~s~~d5 °T""""" """- -~ .Nov, 18. 2008 4;43PM . ~ f Railroad jack ~ mechanics tool lases full of tools Large drill press Table saw Many boxes of fasteners Mechanics and carpenter's work table 4 heavy large toolboxes, only one not full From large 3 - 4 car garage: i.arge band saw Small table top drill press Router table Chop saw Otfiers definitely in this location From driveway; Trailer licensed to me THIS LIST IS INCOMPLETE No. 1962 P. 4i4 i will expect to hear from you promptly In this lmpartant matter. Sincerely, s ~ ?~ r Harvey H. Shapiro Epo/ eoo•a LZpp# H,~'I~t3H !~n'~aa~dS ai~r.Fa~ir~ rc:rr onr+>•~~•.-,.. VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Robert G. Frey , Executor of the Estate of Linwood B. hillips, Jr. F:'~FILES~Clients'11145 FreyTiley`11145.2.petitiontoshowcausel CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Neil W. Yahn, Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17036 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