HomeMy WebLinkAbout09-28-09BEFORE CLERK OF ORPHANS' COURT
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE HAROLD F. WILEY, SR., :
DECEASED NO 21-2008-1129
MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH ORPHANS' COURT RULE 5.6(a)
AND NOW, comes Glenda Farner Strasbaugh, Register of Wills, of Cumberland County, by
and through her solicitor, Kirk S. Sohonage, Esquire, to hereby file this Motion for Sanctions against
the Peggy Lee Nieves, for failure to comply with Orphans' Court Rule, Rule 5.6(a). In support of
such motion, the Moveant respectfully shows this Honorable Court the following.
1. The Register of Wills granted Letters Testamentary to Peggy Lee Nieves, on November 14,
2008.
2. A Reminder letter was mailed to the personal representative on February 13, 2009 via the
United States Postal Service advising that the Certification of Notice under Rule 5.6(a) would
be due on February 24, 2009.
3. On March 4, 2009, a notice was mailed to the personal representative advising her of the
Failure to File the Certification of Notice under Rule 5.6(e) and advising her that she had ,1,0
days in which to comply with Certification of Notice under Rule 5.6(e) by filing said report.
4. On March 20, 2009 a Notice of Failure to File Certification and Request to Conduct a Hearing
Pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rule was mailed to the personal ,.
representative via the United States Postal Service.
5. The personal representative did not appear at hearing held on April 27, 2009 at 11:00 a.m.
before the Honorable Edgar B. Bayley in Courtroom Number 2.
6. On April 28, 2009, a letter from Kirk Sohonage, Esquire, Solicitor was mailed to Personal-
Representative via Certified mail advising her that she had 10 days to comply or a Motion for
Sanctions for Failure to Comply with Orphans' Court Rule 5.6(e) would be filed req~stin~
counsel fees and court costs be assessed against her. ~ o ~~ ; ~~. ,~-~
__~.~ .
-~' C,,,
-r`~~ ~ ~je.7~
~~ ~;
`-~ tV '`~ .~y
-~ .. ;
~+a
7. On April 30, 2009, a return receipt for the letter of April 28, 2009 was received from Peggy
Lee Nieves.
8. As of this date, the Certification of Notice under Rule 5.6(a) has not been filed.
WHEREFORE, moveant requests that the Personal Representative be held in contempt and that
a warrant be issued for her arrest until such time she complies with the Order of this Court.
In the alternative, if the Court deems it necessary to first give the personal representative and
Opportunity to respond, it is hereby requested that a rule be entered in the proposed form.
r.~:
".,1 .
i .. .. .',~~:Jy
ZB"
ate
Kirk Sohonage,~squire
Solicitor of the Register of Wills