HomeMy WebLinkAbout02-23-10IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
In Re: Estate of Harold F. Wiley, Sr.
No. 21-08-1129
MOTION TO MAKE RULE ABSOLUTE
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And Now, this ~ day of February, 2010, comes Petitioner, Bernadine Wiley, through her
attorney, Sean M. Shultz, Esquire, and respectfully moves this Court to make absolute the rule to
show cause which was issued in the above-captioned matter on January 28, 2010, and in support
states the following:
1. Petitioner filed a Petition to Render Inventory and Account on January 25, 2010.
2. On January 28, 2010, this Court issued a rule on the parties to show cause why the
relief requested in the Petition ought not to be granted.
3. The relief requested in the Petition was that Peggy L. Nieves publish the above-
captioned estate in the Cumberland Law Journal, file an inheritance tax return, and provide an
inventory and account of the estate, returnable 20 days after service of the Order, which was
Februaryl, 2010.
4. The Court issued a Certificate of Service of Order which stated that the Rule was
mailed to the parties on January 28, 2010.
5. To date, Respondent, Peggy L. Nieves has failed to answer the petition.
6. On January 27, 2010, undersigned counsel received a voicemail message from
Attorney Lee Oesterling, counsel of record for the Estate, and returned the call on the following day
leaving a message; but undersigned counsel has not heard from Attorney Oesterling since then.
7. The Honorable Kevin A. Hess has been assigned to this matter.
WHEREFORE, Petitioner requests that this Court make the rule to show cause absolute and
grant the petition ordering Peggy L. Nieves to publish the estate in the Cumberland Law Journal, file
an inheritance tax return, and provide an inventory and account of the estate.
Respectfully submitted,
LAW OFFICE OF SEAN M. SHULTZ, P.C.
$tran M. Shultz, Esquire
Attorney ID No. 90946 ~--
4Irvine Row
Carlisle, Pennsylvania 17013
(717) 701-8412
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
In Re: Estate of Harold F. Wiley, Sr. No. 21-08-1129
VERIFICATION
I VERIFY that the statements set forth in the attached Motion are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities.
F:\User FnldedFirm Dnrs\PStares\3627-lpetition.citetion.wpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
In Re: Estate of Hazold F. Wiley, Sr. No. 21-08-1129
CERTIFICATE OF SERVICE
AND NOW, this ~r~day of February, 2010, I, Sean M. Shultz, Esquire, hereby certify that
I have this day served the following person with a copy of the foregoing Motion by first class, United
States Mail, postage pre-paid, addressed as follows:
Lee E. Oesterling, Esquire
Lee E. Oesterling & Associates, LLC
42 East Main Street
Mechanicsburg, Pennsylvania 17055
Attorney for Estate of Harold F. Wiley, Sr.
Respectfully submitted,
LAW OFFICE OF SEAN M. SHULTZ, P.C.
Sean M. Shultz, Esquire ~
Attorney ID No. 90946
4 Irvine Row
Carlisle, Pennsylvania 17013
(717) 701-8412
Attorney for Petitioner