HomeMy WebLinkAbout06-08-11IN RE: ESTATE OF IN THE ORPHANS' COURT
PHILIP E. FOX CUMBERLAND COUNTY, PENNSY~,VANIA
No. 2010-00839 ''
AND NOW, comes John D. Killian, Esquire, Counsel for the Estate of! Philip E.
Fox and files thi P
s etition for Rem
ovaUSubstitution of Executor pursuant to ~ Pa.C.S. §
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~~
3182, and in support thereof avers as follows: ~,
1. Philip E. Fox , of Newville, Cumberland County, Pennsylvania, died on
June 27, 2010.
2. Decedent left a Last Will and Testament dated July 16, 1997 wl~i~ch was
admitted to probate by the Register of Wills of Cumberland County, Pennsylvania on
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August 16, 2010.
3. Decedent's Will named hiss ouse Lucile J. Fox as Executrix.
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4. Lucile J. Fox renounced her right to act as Executrix in favor of'h~er son,
Paul J. Fox.
5. The said Paul J. Fox was granted Letters Testamentary on Auk
and has been serving in the capacity of Executor since that time.
6. John D. Killian, Esquire of the law firm of Killian & Gephart,
retained as counsel for the Estate of Philip E. Fox.
16, 2010
L~ ,was
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7. Personal issues and responsibilities have made it impossible for F~aul J. Fox
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to continue to perform duties as Executor of the Estate of Philip E. Fox as imp~-sed by
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law, and the interests of the Estate are likely to be j eopardized by Paul J. Fox's
continuance as Executor.
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8. John D. Killian, Esquire has been unsuccessful in getting Paul J. ~ox to
perform his duties as Executor.
9. Petitioner Killian has contacted Paul J. Fox repeatedly in an effo~t to have
documents executed and returned to Petitioner, to no avail. :'
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10. The Last Will and Testament of Decedent provides that in the event Paul J.
Fox "has predeceased me, failed to qualify, renounced or ceased to serve as Ex~cutor for
whatever reason, I then appoint my daughter, JUDITH A. FOX, to serve as Executrix of
my estate."
11. This Honorable Court has the exclusive power to remove a
representative who is unable to or has failed to perform any duty imposed by la~v pursuant
to 20 P.S. § 3182 (1) and (5).
12. Paul J. Fox should be removed on the basis of his personal issues
because his personal responsibilities make it impossible for him to perform his duties as
Executor of Decedent's Estate.
13. Judith A. Fox is willing to serve and should be appointed as
Decedent's Estate in accordance with the provisions of Decedent's Will.
ix of
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WHEREFORE, Petitioner, John D. Killian, Esquire, counsel for the Estate of
Philip E. Fox, respectfully requests this Honorable Court to remove Paul J. Fob as
Executor of the Estate of Philip E. Fox and to appoint Judith A. Fox as Execut~ix in his
place.
Respectfully submitted,
Jo D. R~311ian; Esquire, Attorney I.D. ~o. 07080
KI LIAN & GEPHART, LLP ~,
21 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
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(717) 232-1851
Date: June 8, 2011 Attorneys for Estate of Philip E. Fox
CERTIFICATE OF SERVICE
I do certify that I served a true and correct copy of the within document ~ipon the
following by depositing a copy of same in the United States mail, postage prep~.id,
addressed as follows:
Paul J. Fox
Executor of Estate of Philip E. Fox
1725 20th St NW #Al
Washington, DC 20009
Paul J. Fox
Executor of Estate of Philip E. Fox
1718 M St. NW #200
Washington, DC 20036
Killian & Geph~rt, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: June 8, 2011