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Home My WebLink About10-04-13 REC0Fv'' 0 u ;"-I0E 0. I3°^IS .. ; 01- p!TILL(S� 'iJ i'�j �i r I I 0- Ronald L. Finck, Esquire Sup. Ct. Id. No. 89985 CLERK 0" Kevin J. Hayes, Esquire Or COURT Sup. Ct. Id. No. 314338 CUPIIBERLAI` ) CO ., PA METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 Phone: (717) 232-5000 Fax: (717) 236-1816 kjhayes @mette.com IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF VASILIKI MALLIOS, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHANS' COURT DIVISION METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., NO. 21-10-0790 Petitioner V. CONSTANTINOS J. MALLIOS and NICKOLAS J. MALLIOS, Respondents MOTION TO MAKE RULE ABSOLUTE The Petitioner, Metro Bank, formerly known as Commerce Bank/Harrisburg,N.A. ("Petitioner"), by and through its attorneys, Mette, Evans & Woodside, files this Motion to Make Rule Absolute, as follows: 1. On August 9, 2013, Petitioner filed a Petition for Accounting, seeking to compel the filing of an account from Co-Executors of the Estate of Vasiliki Mallios, Constantinos J. Mallios and Nickolas J. Mallios ("Respondents"). 2. This Honorable Court issued a Rule to Show Cause on August 28, 2013, ordering Respondents to file an verified answer to the Petition for Accounting on or before September 17, 2013. 3. The Rule to Show Cause was served upon counsel for the Respondents by first class U.S. mail by the Cumberland County Clerk of Orphans' Court on September 9, 2013. 4. To date, no response to the Rule to Show Cause has been filed by Respondents. WHEREFORE, Petitioner respectfully requests that this Honorable Court's Rule to Show Cause be made absolute and that Respondents be ordered to file a complete and accurate account of their activities as Co-Executors of the Estate of Vasiliki Mallios, deceased. Petitioner further requests such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE r By: �C5, � onald L. Finck, quire Sup. Ct. I.D. No. PA 89985 Kevin J. Hayes, Esquire Sup. Ct. Id. No. 314338 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone Attorneys for Petitioner, Metro Bank,f/k/a Commerce Bank/Harrisburg N.A. Date: October 3, 2013 2 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Robert G. Frey FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 (Attorneys for Respondents) METTE, EVANS & WOODSIDE By: 3 li- Ronald L. Finck, ' ire Sup. Ct. I.D. No. PA 89985 Kevin J. Hayes, Esquire Sup. Ct. Id. No. 314338 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone Attorneys for Petitioner, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Dated: October 3, 2013 METTE, EVANS & WOODSIDE A PROFESSIONAL.CORPORATION ATTORNEYS AT LAW HOWELL C.MEII'E THOMAS F.SMIDA 3401 NOICIM FRONT STREET MARK S.SILVER JAMES W.EVANS ROBERT MOORE PAULA J.LEICH'I P.O.BOX 5050 BERNADETTE BARATTINI 1926-2008 CIIARLUS H.ZW'ALLY TIMOTHY A.BUY _ ]HARRISBURG,PA 19110-0950 RANDALL G.HURSV° PETER J.RESSLER THOMAS A.ARCHER* MELISSA L.VAN ECK JAMES A.ULSH HENRY W.VAN ECK IRS NO. MELANIE L.VANDERAU NEW JERSEY BAR JEFFREY A.ERNICO MARK D.HIPP 23-1985005 AARON T.DOMOTO "•MARYLAND BAR MARY ALICE BUSBY RONALD 1.FINCK KEVIN J.HAVES KATHRYN L.SIMPSON HEATHER Z.KELLY TELEPHONE FACSIMILE (719)232-5000 (919)236-1816 TOIL F JEE: 1-800-962-5097 IITTP V/W W W.MF.TTE.COM October 3, 2013 Glenda Farrier Strasbaugh, 00633-1572 Register of Wills and Clerk of Orphans' Court Cumberland County Courthouse 1 Courthouse Square, Room 102 Carlisle, PA 17013 VIA FIRST CLASS U.S. MAIL Re: In Re: Estate of Vasiliki Mallios, Deceased, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., Petitioner v. Constantinos J. Mallios and Nickolas J. Mallios, Respondents No. 21-100790 (Cumberland County) To Whom It May Concern: Enclosed for filing find original and two (2) copies of our Motion to Make Rule Absolute and attached proposed Order. Please enter the original and return the time-stamped copies to me in the enclosed, self-addressed, and stamped envelopes that have been provided for your convenience. Also enclosed find addressed and stamped envelopes to myself and to opposing counsel for return service of the Order once it has been entered. As a reminder, this matter was assigned to President Judge Kathy A. Morrow the Perry County Court of Common Pleas. Thank you. Sincerel Kevin J. Hayes KJH/ap Enclosures cc: David Chujkowski, Esquire(via email only) Robert Frey, Esquire 673513vI