HomeMy WebLinkAbout09-29-09BEFORE CLERK OF ORPHANS' COURT
CUMBERLAND COUNTY, PENNSYLVANIA
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ESTATE JOSEPHINE SMITH, ~ ~ n ~"~ ~="
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DECEASED NO 21-2007-1171 ~_~ -'° r'r' `~' ~' L,,.
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MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH ORPHANS' COURT R~,E ~:~(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 Susan J. Smith, 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 Susan J. Smith on January 14, 2008.
2. A Reminder letter was mailed to the personal representative Susan J. Smith, Esquire on
March 28, 2008 via the United States Postal Service advising that the Certification of Notice
would be due on April 24, 2008.
3. On May 5, 2008, a notice was mailed to the personal representative Susan J. Smith, Esquire
advising her of the Failure to File the Certification of Notice and advising her that she had 10
days in which to comply with Rule 5.6(a) by filing said report.
4. On May 16,2008, a Notice of Failure to File Status Report and Request to Conduct a Hearing
Pursuant to Rule 5.6(a), Supreme Court Orphans' Court Rule was mailed to the personal
representative Susan J. Smith, Esquire.
5. The personal representative Susan J. Smith, Esquire did not appear at hearing held on July
7, 2008 at 11:00 a.m. before the Honorable Edgar B. Bayley in Courtroom Number 2.
6. On September 24, 2008, a letter from Kirk Sohonage, Solicitor was mailed to Personal
Representative Susan J. Smith, Esquire, via regular mail and 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(a) would be filed requesting counsel fees and court costs be assessed against
them.
7. Return receipt to Susan J. Smith, Esquire was received back on October 8, 2008.
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 and counsel be held in
contempt and that a warrant be issued 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 give the personal representative and
Opportunity to respond, it is hereby requested that a rule be entered in the proposed form.
Date
Solicitor of the
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