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HomeMy WebLinkAbout06-01-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ~O ~= _ ; ~~~ z, ~ In Re: Estate of Harold F. Wiley, Sr. ~ No. 21-08-1129 ~~m ~ `- ~' `~ .~ -7~ r...~ ~ ..... © ,-~ ;r„a PETITION FOR CONTEMPT cn ~"' AND NOW, this 1St day of June, 2010, comes the Petition of Bernadine Wiley res ectfull P y representing that: 1 • Petitioner Bernadine Wiley is the daughter of Decedent, Harold F. Wile Sr. and Y> > resides in Urbandale, Iowa. 2• Harold F. Wiley, Sr. ("Decedent"), died on November 4, 2008. 3• Prior to Decedent's death he executed his Will, dated December 20, 2007 in w hich Will he appointed his daughter, Peggy L. Wiley-Nieves, (also known as Pe L ggy .Nieves) as Executrix. 4• On January 25, 2010, Petitioner filed a Petition to Render Inventor and Acc Y ount. 5• On February 26, 2010, an Order was issued directing Peggy L. Nieves to ub p lash the estate in the Cumberland Law Journal, file an inheritance tax return, and rovide an inv P entory and account of the estate within 45 days of the date of the Order. 6• To date, Peggy L. Nieves has not published the estate in the Cumberland Law J ournal, filed an inheritance tax return, or provided an inventory and account of the estate. 7. Attorney Lee E. Oesterling advised the legal assistant of undersigned counsel that he does not believe he represents the estate any longer although he is counsel of record for the estate and no withdrawal of appearance has been filed. 8. Petitioner is incurring legal fees and costs due to Respondent's contem t of t p he February 26, 2010, Order. WHEREFORE, Petitioner requests your Honorable Court issue a Rule to Show Cause why Peggy L. Nieves should not be held in contempt of Court for failing to ublish the es P tate in the Cumberland Law Journal, file an inheritance tax return, and provide an inventor and a y ccount of the estate. Respectfully submitted, Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Petitioner I-AW OFFICE OF SEAN M. SHULTZ, P.C. 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 made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Petitioner's counsel based u o information provided by Petitioner to Petitioner's counsel regarding the factual averments cont P n herein. I understand that false statements herein are made subject to the penalties of 18 pa. ained Section 4904, relating to unsworn falsification to authorities. C. S. 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 CERTIFICATE OF SERVICE AND NOW, this 1 S } da o y f June, 2010, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoin Contem t Peti ' g p tion 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. and by United States Certified Mail, Restricted Delivery, Return Recei t Re ueste P q d, addressed as follows: Peggy L. Nieves 2258 Pine Road Newville, Pennsylvania 17241 Executrix Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. n Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Petitioner