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HomeMy WebLinkAbout01-07-13 G'~ _- ~% - ,,. N., ~ ~,9:.ti 4 .. ..,, _ ..,...~1' Shelly J. Kunkel, Esquire ~.~~ ` ~ ~ Supreme Court ID No. 64485 . { Wion, Zulli & Seibert }~~~ ~"~ '`` C.i Z ~°~ 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 IN THE MATTER OF IN THE REGISTER OF WILLS ESTATE OF SHAWN M. MISHKIN, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ESTATE NO. 2012-01211 MOTION TO MAKE CITATION FOR RULE ABSOLUTE AND, NOW COMES Shelly J. Kunkel, Esquire, counsel for the Petitioner, Holly A. Mishkin, Administratrix of the Estate of Shawn M. Mishkin, deceased, who respectfully represents the following: 1. On November 28, 2012 the Petitioner, Holly A. Mishkin, Administratrix of the Estate of Shawn M. Mishkin, deceased, filed a Petition for Leave to Continue Decedent's Business pursuant to Section 3314 of the Probate Estates and Fiduciaries Code in the Orphans' Court of Cumberland County to the above term and number. 2. On December 5, 2012 the Court of Common Pleas of Cumberland County, Orphans' Court Division, by the Honorable Thomas A. Placey, issued a Preliminary Order and Citation directing that the Citation was returnable within twenty (20) days of service. 3. Notice of the Preliminary Order and Citation and a copy of the Petition were personally served by counsel for the Petitioner upon all of the interested parties on December 7, 2012. 4. Attached hereto is an Affidavit of Service indicating that all of the Respondents were duly served with a copy of the Petition and Preliminary Order and Citation. 5. The twenty (20) day period for responding to the Citation has now expired and none of the recipients have filed an objection or answer to the Citation nor filed an appearance in this matter. WHEREFORE, it is respectfully requested that the Citation and Rule be made absolute and that an Order be issued granting Holly A. Mishkin, Administratrix of the Estate of Shawn M. Mishkin, leave and authority to continue the operation of Decedent's business, The Plum Sport, until the business and its parent Pennsylvania Subchapter "S" Corporation, Plum Sport, Limited, can be wound down and terminated. Respectfully submitted, WIO ULLI & SEIBERT Shelly .Kunkel, Esquire Supreme Ct. ID# 64485 109 Locust Street Harrisburg, PA 17101 Phone: (717) 236-9301 IN THE MATTER OF : IN THE REGISTER OF WILLS :CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF SHAWN M. MISHKIN :ESTATE NO. 2012-01211 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania SS County of Dauphin Shelly J. Kunkel, Esquire, the attorney for the Petitioner, being duly sworn according to law, says that she served in person to Isaac L. Mishkin at his business address of 210 Walnut Street, Harrisburg, Pennsylvania 17101 and to Holly A. Mishkin at the law offices of Wion, Zulli & Seibert, 109 Locust Street, Harrisburg, Pennsylvania 17101, a true and correct copy of the Petition for Leave to Continue Decedent's Business Pursuant to 20 Pa. C.S. §3314 and the Preliminary Order and Citation in this matter, as evidenced by the two Acceptances of Service, attached hereto as Exhibits "A" and "B". Shelly J. Ku 1, Esquire Sworn to and subscribed before met this ~j'~~~ day of ~~~tf~t <<.~ ,2013. ~~ ~f. lc.~. -~C Cyr ~t~~~~ Notary Public My Commission Expires: ~~ ~~ u IN THE MATTER OF IN THE REGISTER OF WILLS ESTATE OF SHAWN M. MISHKIN, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ESTATE N0.2012-01211 ACCEPTANCE OF SERVICE I acknowledge receipt of personal service of the Petition and Citation in the matter of a Petition for Leave to Continue Decedent's Business Pursuant to 20 PA. Cons. Stat. § 3314 and do accept service of same from Counsel. ~a Date: lZ~ 7 lZ ~~~' ~~h~~ , ~i~J~r~. -~T-- Holly A. Mishkin, Administratrix Estate of Shawn M. Mishkin 816 Sycamore Circle Camp Hill, PA 17011 IN THE MATTER OF IN THE REGISTER OF WILLS ESTATE OF SHAWN M. MISHKIN, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ESTATE NO. 2012-01211 ACCEPTANCE OF SERVICE I acknowledge receipt of personal service of the Petition and Citation in the matter of a Petition for Leave to Continue Decedent's Business Pursuant to 20 PA. Cons. Stat. § 3314 and do accept service of same from Counsel. ~'' ~ Date: ~. ; =, --~ 1 ~-'" 4..//~--~.-~-. ~ ; ~- '~ Is ac L. Mishkin 210 Walnut Street Harrisburg, PA 17101