HomeMy WebLinkAbout08-18-09IN RE:
IN THE COURT OF COMMON PLEAS
WILLIAM I. EVANS WILL :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 21-08-979
RESPONDENT/EXECUTRIX'SRDLE TO SHOW CAUSE
WHY PETITIONER'S PETITION FOR CITATION SUR APPEAL FROM DECREE OF
PROBATE SHOULD NOT BE GRANTED N
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NOW COMES Respondent Irma Davenport, by and through her counsel, ~ " `,
Mateya, Esquire, and in response avers the following: ~ ~X a <_ °-
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1. The decedent William I. Evans died on September 26, 2008 a residee~~ ,G.
s
Cumberland County, Pennsylvania.
2. The decedent's estate was probated at the Cumberland County Registeer of Wills
dated October 1, 2008; Irma Davenport was named Executrix (hereinafter ExecutrixD of the Mr.
Evans estate.
3. On or about March 4, 2009, Petitioner Danny B. Evans (hereinafter petitioner), by
and through his counsel Ronald L. Finck of Mette, Evans and Woodside filed a Petition for
Citation Sur Appeal from the Decree of Probate and an appeal from the Decree of the Register of
Wills.
4. On Mazch 6, 2009, This Honorable Court issues a Decree that required Executrix
to show cause why the relief requested by Petitioner should not be granted.
5. On March 26, 2009, Executrix responded to Petitioner's Petition.
6. Since Mazch 26, 2009, a deposition of the attorney who drafted the will in
question was taken. To the date of this pleading, no other discovery requests or deposition
requests have been made.
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7. Since Mazch 26, 2009, Executrix, by and through her counsel, has exchanged
information and correspondence with Petitioner's counsel, as requested, in an effort to move
along Petitioner's claim.
8. No action has occurred in the present action for over three (3) months.
9. Executrix believes and therefore avers that Petitioner's motivation fdr continuing
the present action is to harm or hazass Executrix and not a genuine effort to overturn the decree
of the Register of Wills.
WHEREFORE, Executrix respectfully requests this Honorable Court dismiss Petitioner's actions
with prejudice.
WHEREFORE, respondent respectfully requests this Honorable Court dismiss
petitioner's citation, with prejudice.
Respectfully submitted,
I
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Mazk A. Mateya, Esgyxire
Attorney ID No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717)241-6500
(717)241-3099 Fax
2, Counsel for Respondent
Date: ~I` J
VERIFICATION
MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and'.agent for the
Respondent/Executrixherefn, that the Respondent/Executrix's verification cannot be obtained within
the time allowed for the filing of this pleading, that as attorney for the Respondent/Executrix he has
sufficient knowledge and information concerning the contents of the within document and that the
facts set forth in the foregoing are true and correct to the best of his knowledge, in~onnation and
belief. He understands that false statements made therein aze made subject to the penillties of 18 Pa.
C.S. §4904, relating to unsworn falsification to authorities.
Y V~h~ . t~14~
MARK A. MATEYA, ESQUIRE
Dated: ~ ~ ~ ~~
CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing
document on the following person(s) by depositing a true and correct copy of the sarjne in the
United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs,
Cumberland County, Pennsylvania addressed to:
Ronald L Finck Esquire
Mette Evans & Woodside
PO Box 5950
Harrisburg PA 17110-0950
Dated: o ~
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Mark A. Mateya, Esqui~~''
PO Box 127
Boiling Springs, PA 17007
(717)241-6500
(717)241-3099 Fax