HomeMy WebLinkAbout09-28-09ESTATE ARTHUR R. DUNKELBERGER, II,
DECEASED
BEFORE CLERK OF ORPHANS' COURT
CUMBERLAND COUNTY, PENNSYLVANIA
NO 21-2006-0453
MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH ORPHANS' COURT RULE 6.12
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 Arthur R. Dunkelberger, III, for failure to comply with Orphans' Court Rule 6.12. In support of
such motion, the Moveant respectfully shows this Honorable Court the following.
1. The Register of Wills granted Letters Testamentary to Arthur R. Dunkelberger, III on May 23,
2006.
2. On May 23, 2006, Sally J. Winder, entered her appearance as counsel for Arthur R.
Dunkelberger, III.
3. A Reminder letter was mailed to the personal representative and counsel on September 11,
2008 via the United States Postal Service advising that the Status Report would be due on
October 14, 2008.
4. On October 3, 2008, the Reminder letter mailed to the personal representative was returned
return to sender, not deliverable as addressed, unable to forward.
5. On November 5, 2008, a notice was mailed to counsel advising her of the Failure
to File .the.
Status Report and advising her that she had 10 days in which to comply with Rule .6.12 b
Y
filing said report.
6. On November 21, 2008, a Notice of Failure to File Status Report and Request to Conduct a
Hearing Pursuant to Rule 6.12, Supreme Court Orphans' Court Rule was .mailed to counsel
7. Neither the personal representative nor counsel appeared at hearing held on February 2,
2009 at 11:00 a.m. before the Honorable Edgar B. Bayley in Courtroom `~
ber 2°
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8. On February 17, 2009, a letter from Kirk Sohonage, Solicitor
advising her that she had 10 da s was hand delivered to Counsel
y to comply or a Motion for Sanctions for court costs~be
assessed against her.
9. As of this date, the Status report has not been filed.
WHEREFORE, moveant requests that the Personal Re resenta '
contempt and that a warrant be issue p tive and counsel be held in
d for his/her arrest until such time she complies with the Order
of this Court.
In the alternative, if the Court deems it necessary to first ive th
9 e personal representative and
Opportunity to respond, it is hereby requested that a rule be ent
ered in the proposed form.
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Da e
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Kir S. Sohnage, uire
Solicitor for .the egister of Wills