HomeMy WebLinkAbout05-22-14 RECORDED OFFICE OF
David R. Galloway RE%IST"i; 61 ILLS Counsel for Petitioner
Attorney I.D. No. 87326 2D14 �l�Y 2 °(� ?. 00
WALTERS & GALLOWAY, PLLC
54 E. Main Street CLER;� OF
Mechanicsburg, PA 17055 O R P H A N S' COURT
Telephone: 717-697-4650 r r n i x a�n ( � P"e
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE ESTATE OF
ROBERT B. POMEROY No: 21-2011-979
PETITION FOR A CITATION TO SHOW CAUSE WHY AN ACCOUNT SHOULD NOT
BE FILED IN ACCORDANCE WITH 20 PA.C.S.A. § 3501.1
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, comes Petitioner and creditor of the Estate, MYERS-BUHRIG FUNERAL
HOME AND CREMATORY, LTD, by and through its counsel, WALTERS & GALLOWAY,
PLLC, and respectfully states that:
1. Robert B. Pomeroy (hereinafter "Decedent") died June 22, 2011, a resident of 51
Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania.
2. Letters of Administration were granted to Patricia A. Smith (hereinafter
"Administratrix") of 414 N. West St., Apt. 5, Carlisle, PA 17013-1987, by the Register of Wills
of Cumberland County, Pennsylvania, on September 16, 2011.
3. Petitioner provided funeral services to Decedent and, as a result, is a priority
creditor of the Estate.
4. Petitioner filed a Notice of Claim on January 30, 2012; a copy of said Notice is
attached hereto as Exhibit "A."
5. On or about August 13, 2013, Petitioner, through counsel, wrote to the
Administratrix and counsel for the Estate requesting an accounting under 20 Pa.C.S.A. § 3501.1
be ,filed within twenty (20) days.
6. As of the date of this Petition, the Administratrix has not filed an account.
7. Nearly three (3) years have elapsed since the death of Decedent and there is no
reason that an account should not be filed and the Estate terminated.
8. The Administratrix has failed to provide Petitioner with an account of her
administration, despite Petitioner's request that she do so.
9. The Administratrix may now be cited to file her account pursuant to 20 Pa. Cons.
Stat. Ann. § 3501.1.
WHEREFORE, Petitioner requests a citation be awarded, directed to Patricia A. Smith to
show cause why she should not file an account of her administration of the Estate of Robert B.
Pomeroy, Deceased, within twenty (20) days.
Respectfully submitted,
WALTERS & GALLOWAY, PLLC
B7R.
Dway Caintiff
David R. Galloway Counsel for Petitioner
Attorney I.D. No. 87326
WALTERS & GALLOWAY, PLLC
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: 717-697-4650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE ESTATE OF
ROBERT B. POMEROY No: 21-2011-979
CERTIFICATE OF SERVICE
I, David R. Galloway, certify I served a copy of the within Petition for a Citation, Rule to
Show Cause and proposed Citation on this date, upon the Administratrix and counsel for the
Estate by first-class mail, postage pre-paid, addressed as follows:
Ms. Patricia A. Smith
414 N. West Street, Apt. #5
Carlisle, PA 17013
G. Patrick O'Connor, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
Respectfully submitted,
WALTERS & GALLOWAY, PLLC
By:
Date: May 2014 David R. Ga oway
Counsel for Petitio er
i
i
NOTICE OF CLAIM
(Filed Pursuant to 20 Pa.C.S. § 3532)
COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF Robert B. Pomeroy DECEASED
No. 21-2011-979
To the Clerk of the Orphans' Court Division:
Enter the claim of Myers-Buhrig Funeral Home and Crematory,Ltd. in the
(Claimant)
amount of$ 11,411.27 against the above entitled Estate.
The Decedent,who resided at 51 Spring Garden Estates,Carlisle,PA 17015
(Street Address)
in Cumberland County ,died on June 22, 2011 Written notice of
(Date ojDealh)
said claim was given to Patricia Ann Smith
(Personal Representative or his/her counsel)
at 414 N West Street Apt 5 Carlisle PA 17013
(Address)
on December 28,2011
(Dale)
Myers-B 1 HomS'and Crematory,.L
(Claimant)
37 E Main St
(Street Address)
Mechanicsburg, PA 17055
(City,Stale,Zip)
Murrel R.Walters,III
(Claimant's Counsel) (Supreme Court l.D.No.)
54 E Main St
(Address)
Mechanicsburg,PA 17055
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(717)697-4650 � `. T1C�
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(Telephone) � p Sri �p
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Form OC-07 rev. 10.13.06
D C.A�J