HomeMy WebLinkAbout05-19-14 ^' t
n u
O
ECKERT SEAMANS CHERIN & MELLOTT, LLC �° rn M
Thomas P. Gacki, Esquire (PA I.D. #44864)
213 Market Street, 8th Floor
Harrisburg, PA 17101 m CO Q
Phone: 717.237.6093 o °n
Email: tgacki(cDeckertseamans.com o c° 3 _"
m
IN THE COURT OF COMMON PLEAS o -n
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF ROBERT ADLER, ORPHANS' COURT DIVISION
DECEASED
21-12-00252
RESPONDENT, NATALIIA ADLER'S MOTION FOR CERTIFICATION OF RECORD
TO THE ORPHANS' COURT OR, IN THE ALTERNATIVE, A CONTINUANCE OF
HEARING
AND NOW comes Respondent, Nataliia Tykhonova Adler, and sets forth the
following motion:
1. This matter was initiated by a Petition filed by Stacy Adler Smith on
February 21, 2014 seeking to void, ab initio, the letters of administration previously
issued by the Register of Wills to Respondent pursuant to 20 Pa. C. S. Section 3181
(a).
2. The Register issued a citation to Respondent based on the Petition.
3. Respondent filed her answer to the Petition which included New Matter.
4. Petitioner subsequently filed Preliminary.Objections to Respondent's New
Matter.
5. Respondent filed an answer to the Preliminary Objections.
{L0555215.1}
6. The Preliminary Objections are based on questions of law under the
Pennsylvania Rules of Civil Procedure applicable to all civil actions in the Court of
Common Pleas, which are normally resolved by the Court. It is unclear to the parties
whether the Register actually has power to resolve issues raised by preliminary
objections.
7. Neither party has yet listed the Preliminary Objections for argument in the
Orphans' Court and they remain unresolved.
8. On April 25, 2014, the Register, sua sponte, issued a notice scheduling a
hearing on this matter before the Register.
9. As a practical matter, the parties cannot properly prepare for a hearing
until the Preliminary Objections are adjudicated. '
10. There is also the possibility that the parties may seek summary judgment
on the matters involved in the Petition, which again would appear to be a motion
decided by the judges of the Court of Common Pleas.
11. In addition to filing the petition addressed to the Register, Petitioner filed a
Complaint against Respondent in the Court of Common Pleas (Civil Division) File No.
14-1027 seeking contractual and other relief against Respondent.
12. Procedurally, the Civil Division Complaint is in the same posture as this
action—Respondent answered the Complaint with New Matter, and unresolved
Preliminary Objections are outstanding in the matter.
13. Given that aspects of this case are already before the Court, both
Petitioner and Respondent agree that the best course for the Register would be to
certify this matter to the Orphans' Court pursuant to 20 Pa. C. S. Section 907.
2
14. Alternatively, the parties request a general continuance of the hearing until
the Preliminary Objections are resolved.
15. Counsel for the Petitioner concurs in this Motion.
WHEREFORE, Respondent respectfully requests that this matter be certified to
the Orphans' Court pursuant to 20 Pa. C. S. Section 907, or, alternatively, be continued
generally.
Respectfully submitted,
Thomas P. Gacki, Esquire (PA I.D. #44864)
Eckert Seamans Cherin & Mellott, LLC
213 Market Street, 8th Floor
Harrisburg, PA 17101
Telephone: 717-237-6093
Facsimile: 717-237-6019
E-mail: tgacki(a)eckertseamans.com
Date: /��/�� Counsel for Respondent, Nataliia Tykhonova
Adler
3
CERTIFICATE OF SERVICE
I hereby certify that on this Y day of May, 2014, a true and correct copy of the
foregoing RESPONDENT, NATALIIA ADLER'S MOTION FOR CERTIFICATION OF
RECORD TO THE ORPHANS' COURT OR, IN THE ALTERNATIVE, A
CONTINUANCE OF HEARING was served upon the following via United States First-
Class mail, postage prepaid, as follows:
Paige Macdonald-Matthes, Esquire
Kevin Kehner, Esquire
Obermayer Rebmann
200 Locust Street, Suite 400
Harrisburg, PA 17101
Thomas P. Gacki, Esquire
Counsel for Nataliia Tykhonova Adler
_4