HomeMy WebLinkAbout09-28-09 (2)ESTATE ARTHUR R. DUNKLEBERGER II,
DECEASED
BEFORE CLERK OF ORPHANS' COURT
CUMBERLAND COUNTY, PENNSYLVANIA
NO 21-2006-0453
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AND NOW, comes Glenda Farner Strasbaugh, Register of Wills, of Cum ~ nd Cv~#tt , ~~b ~ _j
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and through her solicitor, Kirk S. Sohonage, Esquire, to hereby file this Motion for Sanctiortg-against~ ~'
the Arthur R. Dunkleberger, III, for failure to comply with Orphans' Court 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 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 August 9, 2006
via the United States Postal Service advising that the Certification under Rule 5.6(a) would be
due on September 4, 2006.
4. On October 11, 2006, a notice was mailed to the personal representative and counsel
advising them of the Failure to File the Certification of Notice under Rule 5.6(e) and, advising
them that they had 10 days in which to comply with Certification of Notice under Rule 5.6 e
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by filing said report.
5. On October 16, 2006, the Notice of Failure to File Certification 5.6(e) for Arthur R. `
Dunkleberger, III, was returned to our office, stating Moved left no address, unable to forward,
return to sender.
6. On October 17, 2006 return receipt to Sally J. Winder, Esquire was received.
7. On October 24, 2006 a Notice of Failure to File Certification of Notice under Rule 5.6(e) and
Request to Conduct a Hearing Pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rule
was mailed to counsel certified mail.
8. Counsel did not appear at hearing held on Novem
ber 20, 2006 at 11.00 a.m. before the
Honorable Edgar B. Bayley in Courtroom Number 2.
9. On November 13, 2006, the Certification of Notice
under Rule 5.6(e) Hearing letter was
returned unclaimed and re-mailed via regular mail.
10. On December 4, 2006, a letter from Kirk Sohona
ge, Solicitor was mailed to Personal
Representative and Counsel advising them that the
y had 10 days to comply or a Motion for
Sanctions for Failure to Comply with Orphans' Court
Rule 5.6(e) would be filed requesting
counsel fees and court costs be assessed against them.
11. On December 11, 2006 the Solicitor Letter maile
returned, moved iAft n„ „r,~....__ _ _ _ , , d to the Personal Representative was
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12.On January 15, 2008 a note was received from Sal
IY J~ Winder explaining that she had no
contact with the personal representative since October 20
06 and directing us to contact the
personal representative directly.
13.On January 22, 2008 a letter was mailed b Kirk S
Y .Sohonage, Solicitor, explaining that his
letter of January 11, 2008 was mailed to Mr. Dunkelb
erger and that as attorney of record'she
was still responsible for completing and filing the Certificatio
14.On February 17, 2009, a letter from n of Notice under Rule 5:6(a).
Kirk Sohonage, Solicitor was hand delivered to the
Attorney advising her that she had 10 days to com I
p y or a Motion for Sanctions for Failure to
Comply with Orphans' Court Rule 5.6(e) would be file
d requesting counsel fees and court
costs be assessed against her.
15. As of this date, the Certification of Notice under Ru
le 5.6(a) has not been filed.
WHEREFORE, moveant requests that the P
ersonal Representative and counsel be held in
contempt and that a warrant be issued for his/her arrest u
ntil such time she complies with the Order
of this Court.
In the alternative, if the Court deems it necessa to
ry first give th r nal re ntative-and
Opportunity to respond, it is hereb re ue -.z
Y q sted that a rule be e d ~'`
fed form.
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Date
Ki .Soh age, ire
S citor of the ster of Wills