HomeMy WebLinkAbout07-26-11John D. Killian, Esquire
Attorney I.D. #07080
Linda J. Olsen, Esquire
Attorney I.D. #92858
KILLIAN & GEPHART, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851 FAX (717) 238-0592
E-mail: jkillian@killiangephart.com
E-mail: lolsennkilliang_ephart com
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Attorneys for the Estate of Philip E. Fox
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS
PHILIP E. FOX : OF CUMBERLAND COUNTY, PENNSYLVANIA
:ORPHANS' COURT DIVISION
No. 2010-00839
MOTION TO MAKE RULE ABSOLUTE
AND NOW, this 26th day of Jul~_, 2011, comes the Estate of Philip E.
Fox, by and through its attorney, John D. Killian, Esquire, Killian & Gephart, LLP, who hereby
avers the following:
1. On June 8, 2011, John D. Killian, Esquire, Attorney for the Estate of Philip E.
Fox, filed a Petition to Remove/Substitute Executor upon Paul J. Fox, Executor of the Estate of
Philip E. Fox.
4
2. On June 21, 2011, this Honorable Court issued a Rule To Show Cause why
Paul J. Fox should not be removed as Executor of the Estate of Philip E. Fox and Judith A. Fox
named as substitute Executor in his place.
3. Notice of the issuance of the Rule To Show Cause was sent by the Cumberland
County Register of Wills on
4. Pursuant to Pa.R.C.P. 440(b), service of legal papers other than original process is
complete upon mailing. An Answer to the Rule To Show Cause was therefore due on
5. Paul J. Fox did not file any objections to the Petition for Removal/Substitution of
Executor nor did he file an Answer to the Rule To Show Cause.
6. Paul J. Fox has advised that he has no objection to the filing of this Motion.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order
making the Rule To Show Cause absolute, removing Paul J. Fox as Executor of the Estate of
Philip E. Fox, substituting Judith A. Fox as Executrix of the Estate of Philip E. Fox, and
canceling the hearing scheduled for August 5, 2011.
Dated: July 26, 2011
Respectfully submitted,
John. Killian, Esquire ~
Atto ey I. D. #07080
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Attorneys for the Estate of Philip E. Fox
CERTIFICATE OF SERVICE
I do hereby certify that I served a true and correct copy of the within document upon
the following by depositing a copy of same in the United States mail, postage prepaid,
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
Judith A. Fox
1217 Greenfield Lane
Skaneateles, NY 13152
Date: July 26, 2011 - -~
Lin a . Olsen, E uire
Killian & Gephart, LLP