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Home My WebLink About09-17-09 (2) N Jeffrey R. Boswel{, Esquire ~~ ~ ~ -'-g -,. , Supreme Court LD. #25444 . _~ ' ' t/) t~ i, BOSWELL, TINTNER & PICCOLA ' ~ n ~ ~ 315 North Front Street " "_? ~ r ~-~ _ ° = ' i P. O. Box 741 - '' ~`' ~ -.J r -; ~__.. Harrisburg, Pennsylvania 17108-0741 ~ J - - t ,, f Phone (717-236-9377) ~'~ "~ ' r Fax(717-236-9316) _~r ~' ~- E-mail (iboswell(a~btpalaw.com) . ~7 -~ ~- 'ro Q .. f~tD IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF LINWOOD B. :CUMBERLAND COUNTY, PENNSYLVANIA PHILLIPS, JR. NO. 21-06-0122 ORPHANS' COURT DIVISION CLAIMANT'S ANSWER AND OBJECTIONS TO PETITION FOR CITATION TO SHOW CAUSE WHY CLAIM OF HARVEY SHAPIRO SHOULD NOT BE DISMISSED AND NOW, comes Harvey H. Shapiro (referred to herein as "Claimant"), by his counsel, Jeffrey R. Boswell, Esquire, Boswell, Tintner & Piccola, and makes this Claimant's Answer and Objections to the Petition for Citation to Show Cause Why Claim of Harvey Shapiro Should Not Be Dismissed, as set forth, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By further answer, Claimant alleges that he was deprived of his personal property that he last saw on the Estate's real property, not only in the marital home, but also on the grounds and in the garages and, therefore, in the custody of the Estate's Executor, Robert G. Frey. 7. Denied. Whereas Claimant believes Alice R. Phillips has personally vacated the Estate's real property, Claimant believes, and therefore alleges, that some or all of the Claimant's personal property remains on the Estate's real property, and, thus, Claimant demands proof of the allegation at a hearing on this matter. 8. Denied. Claimant alleges Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr., had knowledge of the Claimant's physical presence of himself and his personal property at the marital home and garages and surrounding grounds of the Estate's real property, and, therefore, demands proof of this allegation at a hearing on this matter. OBJECTIONS 9. Claimant incorporates the answers contained in paragraph 1 through 8 without restating same. 10. Claimant last saw his personal property on the Estate's real property in the marital home, the garages, and the grounds, as delineated on the list contained in Claimant's letter to Robert G. Frey, the Executor, dated October 23, 2008, which is attached to the Petition as Exhibit "A." 11. Robert G. Frey, the Executor, had control of the Estate's real property at 93 Encks Mill Road, Carlisle, where Claimant's property lay, in the marital home of the decedent, the multi-car stone garage building, and the small garage, and on the grounds surrounding these buildings. 12. The Claimant had numerous conversations with Robert G. Frey, the Executor, concerning Claimant's personal property and his recovery of that personal property. 13. Robert G. Frey, the Executor, encouraged the Claimant to file a claim against the Estate with regard to Claimant's personal property. 14. Claimant made written confirmation of his claim by sending a letter to Robert G. Frey, the Executor, which October 23, 2008, letter is attached to the Petition as Exhibit "A." 15. Claimant has recovered his antique display table referenced on page 1 of the October 23, 2008, letter to Robert G. Frey, the Executor. 16. Robert G. Frey, the Executor, was aware of the presence of specific items of personal property, including, but not limited to, the pool table in a dismantled condition, in the marital house. 17. Robert G. Frey, the Executor, personally viewed Claimant's personal property, as he acknowledged same in a discussion with Claimant after walking through the marital house and the surrounding grounds with decedent's daughter, Linda Stull. 18. Claimant moved his personal property to the Estate's property, including the marital home, the large garage, the small garage, and the surrounding grounds, in March, 2008, and, thereafter, Claimant informed Robert G. Frey, the Executor, of the presence of Claimant's personal property on the Estate's real property. 19. After being informed of the presence of Claimant's personal property on the Estate's real property, Robert G. Frey, the Executor, had an obligation to protect Claimant's personal property from theft, waste, mischief, and damage. 20. Robert G. Frey, the Executor, never objected to the presence of Claimant's personal property on the Estate's real property. 21. Robert G. Frey, the Executor, was aware of claims made by Alice R. Phillips, the decedent's surviving spouse, against the Estate and, thus, should have, but did not take actions to protect Claimant's personal property from Alice R. Phillips' actions to control, to damage, and to deprive Claimant of his personal property, even though Robert G. Frey, the Executor, had notice of risks posed to Claimant's personal property by decedent's surviving spouse. 22. Claimant alleges that the replacement value of the personal property as to which he has been deprived by the Executor's actions or non-actions, does not exceed $100,000.00. 23. Robert G. Frey, the Executor, failed to provide access to the Estate's real property for the Claimant to regain possession and to remove his personal property from the Estate's real property. WHEREFORE, the Claimant prays that the Court order Robert G. Frey, the Executor, and the Estate of Linwood B. Phillips, Jr., to return Claimant's personal property or to pay the Claimant the replacement cost, a sum not to exceed $100,000.00. Respectfully submitted, BOSWELL, TINTNER & PICCOLA By: ~., J R. Boswell, Esquire I.D. No. 25444 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Harvey H. Shapiro Date: September 17, 2009 VERIFICATION I, Jeffrey R. Boswell, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Claimant, Harvey H. Shapiro, that said Claimant cannot make the verification to the foregoing Claimant's Answer and Objections to Petition for Citation to Show Cause Why Claim of Harvey Shapiro Should Not Be Dismissed due to time constraints, and that the facts set forth in the foregoing Answer are true and correct upon representations made by the Claimant based on Claimaint's personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Jeffrey R. oswell, Esquire Dated: September 17, 2009 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Claimant's Answer and Objections for Citation to Show Cause Why Claim of Harvey Shapiro Should Not Be Dismissed by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for the Executor and the Estate of Linwood 8. Phillips, Jr. Hubert X. Gilroy, Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Linda Stull Neil W. Yahn, Esquire James Smith Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17036 Attorneys for Alice R. Phillips Robert G. Frey, Esquire 5 S. Hanover Street Carlisle, PA 17013-3307 Executor of the Estate of Linwood 8. Phillips, Jr. By: Jeffre .Boswell, Esquire Dated: September 17, 2009