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HomeMy WebLinkAbout01-26-110 _.. ~Q .:~ .- - ~ ~, , r_ r ~ ~ ~~ . z ~ CT_` ~ , ~ ~; ,-~ LLC KOPE & ASSOCIATES _ ,--. _ - -~ ~ ' _ ~ 1 ~~' : . ~ ~ , ~ . BY: HILARY P. VESELL, ESQUIRE ~.~. °" ATTORNEYJD 308358 395 ST. JOHNS CHURCH ROAD, SUITE 101 CAMP HILL, PA 17011 (717) 761-7573 IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF PETER YANDRIC, :CUMBERLAND COUNTY, PENNSYLVANIA DECEASED :ORPHANS COURT DIVISION :.NO. 21-10-1097 MOTION FOR CONTINUANCE AND NOW, comes Petitioner, Joan A. Disante, by and through her attorney, Hilary P. Vesell, Esquire and Kope & Associates LLC, and files this Motion for Continuance as follows: 1. On or about January 3, 2011, David P. Yandrich, Executor of the Estate of Peter Yandric, commenced this action by filing a Petition to Stay Transfer of Estate Assets and to Determine Ownership of Transferred Funds in the Amount of $179,853.00 Prior to Decedent's Death. 2. An Order of Court was received on or about January 11, 2011, scheduling the Petition to be heard on February 17, 2011. 3. Petitioner, however, needs to obtain complete discovery of all relevant issues. 4. Petitioner will subpoena relevant medical information, a copy of decedent's current will, and a copy of all prior wills. 5. Obtaining these documents by subpoena will require 20 day advance notice to each party, including time to issue the actual subpoena, and time to analyze the documents once received. 6. Petitioner, therefore, respectfully requests that, given her inability to obtain full discovery before the scheduled hearing date, the Court reschedule argument allowing Petitioner time to complete full and complete discovery in the interest of justice. 7, Counsel for the Estate has indicated that he does not have an objection to a 60 day continuance. 8. We have also attempted to obtain the concurrence of the Niece's Counsel, but have been unable to reach her attorney. WHEREFORE, Petitioner respectfully requests that the Court grant her Motion for Continuance. Respectfully Submitted, KOPE & ASSOCIATES, LLC Dated: ~ aC~ HILARY P. SELL, ESQUIRE KOPE ~ ASSOCIATES, LLC BY: HILARY P. VESELL, ESQUIRE ATTORNEY ID 308358 395 ST. JOHNS CHURCH ROAD, SUITE 101 CAMP HILL, PA 17011 (717) 76.1-7573 IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF PETER YANDRIC, :CUMBERLAND COUNTY, PENNSYLVANIA DECEASED :ORPHANS COURT DIVISION NO. 21-10-1097 CERTIFICATE OF SERVICE I, Hilary P. Vesell, Esquire, hereby certify that on January ~, 2011, I served a copy of the foregoing Motion for Continuance by first class, United States mail to the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Charles E. Shields, III, Esquire Attorney at Law 6 Clouser Road Mechanicsburg, PA 17055 YC~ Hilary P. Vesel squire ID# 308358- 395 St. Johns Church Road, Ste. 101 Camp Hill, PA 17011 (717) 761-7573