HomeMy WebLinkAbout08-16-10IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Orphans' Court Division ~ 0
IN RE:
ESTATE OF WILMA J. SCHEER,
Deceased
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ESTATE FILE NO.21-09-1202-~
PETITION TO PLACE ASSETS IN ESCROW
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
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The Petition of Jan, Rick, and Gary Osterlund ("Petitioners") respectfully represent that:
1. Wilma Scheer ("Decedent") died on November 22, 2009, a resident of
Cumberland County, Pennsylvania leaving a Will dated April 11, 2006 ("Will"), which
was admitted to probate. A copy of the Will is attached hereto as Exhibit "A".
2. Letters Testamentary were granted to Eugene Scheer, Respondent, Linda
Malinak and Gail McMillian by the Register of Wills of Cumberland County,
Pennsylvania on December 29, 2009 and the proceedings are docketed as Estate Number
21-09-1202.
3. The Decedent was survived by her husband, Eugene Scheer, and her
children, Linda Malinak, Gail McMillian, and your Petitioners, also children of the
Decedent, all of whom are adult individuals and sui juris.
4. Each Petitioner and Linda Malinak and Gail McMillian is a 13%
beneficiary under the Will.
5. It is believed that Eugene Scheer ("Respondent") has exercised ownership
control of certain assets of the Decedent.
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6. Petitioners have ascertained that there are 129 Maple Leaf Gold Coins
valued at approximately $1,000.00 each that are in the possession of Respondent, having
been removed from the Decedent's safe on or about November 30, 2009.
7. Unless Respondent is enjoined from dissipating the gold coins for the
benefit of, or titled individually, jointly or in trust, or otherwise for Beneficiaries,
substantial assets belonging to Decedent's estate will be permanently dissipated,
alienated, or converted by Respondent contrary to the terms of Decedent's will and
before the filling of any account. Therefore the gold coins should be placed in escrow
with the Attorney for Executor, Steven Wilds, Esquire.
8. Petitioners have no adequate remedy at law and require immediate relief.
WHEREFORE, Petitioners respectfully request this Court award citations, directed to
Respondent to show cause why Respondent should not be enjoined from dissipating the
asset by placing the coins in escrow held for the benefit of, or titled individually, jointly
or in trust or otherwise for Respondent until further order of the Court.
Respectfully submitted,
SMIGEL, S & CKS, LLP
Date: v B /~~~, ,
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Peter M. Good, Esq ire ID #64316
River Chase Office Center, 3`d Floor
4431 North Front Street
Hamsburg, PA 17110
(717)234-2401
Attorney for Petitioners
2
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Orphans' Court Division
IN RE:
ESTATE OF WILMA J. SCHEER, ESTATE FILE N0.21-09-1202
Deceased
CERTIFICATE OF SERVICE
I, Peter M. Good, attorney for the Petitioners in the above-captioned matter,
certify that I this day served a copy of the foregoing Petition to Place Assets in Escrow
upon the person(s) indicated below by depositing a copy of the same in the United States
Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows:
Susan E. Letterer, Esquire Steven C. Wilds, Esquire
Law Offices of Susan E. Letterer Wicks, Wenger & Weidner
5011 Locust Lane 508 N. Second Street
Harrisburg, PA 17109 P.O. Box 845
Harrisburg, PA 17108
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: B "~'O~
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Peter M. Good, Esquire - ID #64316
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Petitioners
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Orphans' Court Division
IN RE:
ESTATE OF WILMA J. SCHEER, ESTATE FILE NO.21-09-1202
Deceased
CERTIFICATE OF SERVICE
I, Peter M. Good, attorney for the Petitioners in the above-captioned matter,
certify that I this day served a copy of the foregoing Petition to Place Assets in Escrow
upon the person(s) indicated below by depositing a copy of the same in the United States
Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows:
Susan E. Letterer, Esquire Steven C. Wilds, Esquire
Law Offices of Susan E. Letterer Wix, Wenger & Weidner
5011 Locust Lane 508 N. Second Street
Harrisburg, PA 17109 P.O. Box 845
Harrisburg, PA 17108
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: ~ I L/ v By: I/
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Peter M. Good, Esquire - ID #64316
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Petitioners