HomeMy WebLinkAbout11-20-13 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
CHRISTINE L. FOUTS CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS ' COURT DIVISION
NO. 21-12-467 ORPHANS ' COURT
ORDER OF COURT
AND NOW, this 18th day of November, 2013 , this being the
time and place set for the hearing on the Emergency Motion for
Temporary Restraining Order, and the parties having now come to an
agreement as to the resolution of this matter, it is hereby ordered
as follows :
1 . Respondent, Wendy J. Polito, shall turn over possession
of the following items of personal property to The Law
Offices of R. Mark Thomas, Esquire : the collection of
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o - F- a- seven (7) Byers Choice Christmas carolers (ceramic) ,
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k seven (7) place settings of Lenox Citation Gold 5-piece
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C> �' place settings, and various pieces of jewelry. Said
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Cv LU m o Thomas, Esquire, and Petitioners may collect those
items from his office not more than seven (7) days from
the date of this Order;
2 . Petitioners shall place the sum of $2, 881 . 50 into Wayne
Pecht, Esquire ' s IOLTA account within seven (7) days of
today' s date;
3 . The parties further agree that in the event the lawsuit
filed at Civil Action Docket 13-3391, entitled Logan
Fouts and Hanna Fouts vs . Wendy J. Polito,
Individually and in her Capacity as Executrix of the
Estate of Christine L. Fouts and Keith Polito is
successfully defended, then the aforesaid monies that
have been placed into Wayne Pecht ' s IOLTA account in
the amount of $2, 881 . 50 shall be released from that
1�/
(IN RE : ESTATE OF CHRISTINE L. FOUTS, NO. 21-12-467 ORPHANS ' COURT)
account into the Estate of Christine L. Fouts within
ten days of any verdict, dismissal, or a withdraw of
the aforesaid lawsuit in favor of Wendy Polito and/or
Keith Polito;
4 . In the event that the lawsuit filed at Civil Action
Docket 13-3391 is successfully prosecuted or settled in
favor of the Petitioners herein, then the monies placed
into Mr. Pecht ' s IOLTA account in the amount of
$2 , 881 . 50 shall go to the Petitioners herein and shall
be released within ten days of any such resolution in
favor of the Petitioners .
By the Court,
Christy re L. Peck, J.
Wayne M. Pecht, Esquire
650 North Twelfth Street
Suite 100
Lemoyne, PA 17043
Attorneys for Applicants
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
Attorney for Respondent
:vae
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: CHRISTINE L FOUTS CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-12-0467
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/18/2013
JUDGE'S INITIALS: CUP
TIME STAMP DATE: 11/20/2013
IN RE: ORDER OF COURT
...............................
i
SERVICE TO: WAYNE M PECHT 650 N TWELFTH ST SUITE 100 LEMOYNE PA 17043
R MARK THOMAS 101 SOUTH MARKET ST MECH PA 17055
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ❑,PETITIONER
❑ RRR ® JUDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 11/21/2013
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑PETITIONER
❑RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
D�1L,C�CIVJ Yl��
eputy
Clerk of Orphans' Court