HomeMy WebLinkAbout12-06-12IN RE: )
ESTATE OF ROBERTA I. KONSKO, )
Deceased )
IN TH E COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
21-11-0581 ORPHANS' COURT
ANSWER OF EXECUTOR TO RULE TO SHOW CAUSIE
AND NOW comes the Executor, Robert D. Firkal, by and through his attorney Michael
L. Bangs, Esquire, and files the following Answer to the Petition of Joinder filed by Martin
Butler, as "Objector, Specific and Residual Heir, Representative Pro Se" as follows:
I . All paragraphs of the Petition of Joinder, to the extent that a specific answer is
required, are deemed denied by the Executor.
2. The Petition of Joinder is improper and should not be permitted by this Court since the
"Representative Pro Se" Martin Butler is engaging in the unauthorized practice of law. See
Harkness v. Unemployment Compensation Board of Review, 591 Pa. 543, 92d A.2d 162 (2007).
3. By merely filing the Petition of Joinder in this case, Martin Butler his violated the law
and is subject to both criminal and civil penalties. See 42 Pa. C.S. Section 25~4(a) and 42 Pa.
C.S. Section 2524(c). Phis Court should not only dismiss his Petition but should impose costs,
expenses and reasonable attorney's fees as a violation of this Section as a resuUt of the Executor
having to respond to this Petition.
4. Moreover, the joinder of the additional heirs in the Objections previpusly filed by
r,
Martin Butler are clearly untimely under the Pennsylvania Orphans' Cow l~l~e 6.16~nd ei ~i
Cumberland Count ~ local Rule 6.10-1. R' -~~ ~ `y' '~~'
y ~ Y> .__~ ~.~
r- ~ ~r ~. ~-r ~ ~-t
U n c --i 7 .,i,~ ",~ t
C7 ~~ -~ ~ '""I
=%5 f V `~~" iY9
~ "~ 9-"
~y, C'_l V1 O
GO '*7
~V~
5. The Pennsylvania Orphans' Court Rule empowers the local court to establish local
rules setting forth the time and place and form as well as notice by which Objections to an
Account or Statement of Proposed Distribution shall be filed.
6. The Cumberland County local Rule requires that "Objections to an Account or to the
Statement of Proposed Distribution, or both, must be filed in writing by not lager than 9:00 a.m.
(prevailing time) of the date Iixed for confirmation unless otherwise permittedlby the Court prior
to confirmation...." See Cumberland County local Rule 6.10-1.
7. In this case, Objections had to be filed by August 28, 2012.
8. No Objections to the Accounting may be filed now roughly two andl a half months
past the deadline set by local rule.
9. It should be noted that the Petition of Joinder filed by Martin Butler] purportedly on
behalf of the named Petitioners, merely restates and reaffirms the existing Objections at issue
and before the Auditor filed by Martin Butler; it does not include any new or additional
objections.
WHEREFORE, the Executor requests this Honorable Court to do the following:
A. Deny the Petition of Joinder; and
B. Order and direct Martin Butler to cease and desist from the
unauthorized practice of law.
Respectfully submitted,
LAW 01~'FICE, L~
~!~Jll 1
MIC1tIAEL L. BANGS
Attorney for Robert D. Firkal, E cut
429 South 18th Street, Camp Hill PA
(717) 730-7310
Supreme Court ID #41263
17011
2
VERIFICATION
I hereby verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 ~'a. C.S. Section
4904, relating to unsworn falsification to authorities.
Date: ~ ,y" /~ iC_p~~" /,.,}~~
ROBERT D. FIRKAL ',
3
CERTIFICATE OF SERVICE
i HEREBY CERTIFY that I have this day served the foregoing Answer of Executor to
Rule to Show Cause, by depositing a copy of the same in the United States mil, postage prepaid,
at Camp Hill, Pennsylvania, addressed to the following:
Martin Butler
407 East Marble Street
Mechanicsburg, PA 17055
DATE:_i 'S 2
WENDY K. STS` UB
Paralegal J
4