HomeMy WebLinkAbout09-22-10SMIGEL, ANDERSON & SACKS, L.L.P.
4431 North Front Street
Harrisburg, PA 17110-1778
(717)234-2401
Peter M. Good, Esq.
pgood@sasllp.com
Attorneys for Petitioner
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
RESPONSE IN OPPOSITION TO PETITION TO
OBTAIN STATEMENT OF CLAIMANTS
AND NOW COMES the Petitioners, Jan Osterlund, Gary Osterlund, and Rick
Osterlund, by and through their attorneys, Smigel, Anderson & Sacks, LLP, to file the
following Response in Opposition to Petition to Obtain Statement of Claimants and aver
in support as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
n
r..a
5. Admitted. ~ O
_, ~._,
- ~~'='
~;~'
'
~ rn -~=~-}
6
Admitted tT
I
~
~ ~'- ~ '3
. . ,,~~ N
7. Admitted.
-,-:
c~~c~~ ~
~ `µ
~:_~ -_,
8 Admitted ~
~ ~ ::~ ~-;
. . w
,,,,,, ,
9. Denied as stated. To the contrary, the Petitioners aver that thirty five (35)
of the coins were agreed to be the property of the children of the Decedent and as such
those coins were not part of the Estate.
10. Denied. The averments of this paragraph contain conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response is deemed required, Petitioners aver that there is
testamentary evidence that the coins in question were to be the property of each of the
children of the Decedent.
11. Admitted.
12. Denied. The averments of this paragraph contain conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response is deemed required, it is averred that all the
Beneficiaries of the Decedent are in the same position concerning testimony as to the
testamentary intent of the Decedent.
13. Denied. The averments of this paragraph contain conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response is deemed required, it is specifically denied that
the Respondent, as a Co-Executor of the Estate, represents the Decedent's interest as a
party of record to this present litigation. To the contrary, Respondent is also a
Beneficiary of the Decedent's Will and as such has equal standing along with the other
Beneficiaries including the other two Co-Executors of the Estate. It is therefore, asserted
that in this action the Respondent is only acting as a Beneficiary and has an interest in the
2
matter and therefore, can not assert a cause of action under the Pennsylvania Dead Mans
Rule.
14. Denied. The averments of this paragraph contain conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response is deemed required, it is specifically denied that
the Petitioners interests are adverse to the Decedents interest. In any event, their interests
axe similar to that of the Respondent who is also a Beneficiary under the Will.
15. Denied. The averments of this paragraph contain conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil
Procedure.
16. Denied. The averments of this paragraph contain conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response is deemed required, the Petitioners and Co-
Executors would offer the same evidence as the Respondent would which is their
testimony regarding the intent of the Decedent.
17. Denied. The averments of this paragraph contain conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil
Procedure.
WHEREFORE, the Petitioners, Jan Osterlund, Gary Osterlund, and Rick
Osterlund, respectfully requests that this Honorable Court deny the Petition to Obtain
Statement of Claimants.
3
SMIGEL, ANDERSON & SACKS, LLP
Date: September 22, 2010 By:
Peter M. Good, squire ID #64316
River Chase Office Center, 3`d Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Petitioners
4
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 Response in Opposition to Petition to
Obtain Statement of Claimants 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:
Neil W. Yahn, Esquire Stephen Dzuranin, Esquire
James Smith Diettrick & Connelly, LLP Wix, Wenger & Weidner
P.O. Box 650 508 N. Second Street
Hershey, PA 17033 P.O. Box 845
Harrisburg, PA 17108
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: Se tember 2010 B G
p Z2, Y
Peter M. Good, Esquir - ID #64316
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Petitioners