HomeMy WebLinkAbout04-07-15 ,: . . .
IN THE COURT OF CONII�lON PLEAS OF CiJMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
��
� �^ � m
In re : . No. 21-13-�� � �'''� c�
c�
Estate of E. JEANNE (HOGUE) RECHT, . �,' s � � U, �
deceased • ;��-' x: � r�� rn
V,.; --, � �.,� c�
, %,.`� <~� c�
T1 -ry -rl
RESPONDENT JENNIFER MARGUSH' S ANSWER AND NEW PQP,�� � � -,�
TO PETITIONER' S EXCEPTIONS `,tia ►--• -= c-�
_.i r�.� � rn
. GJ C!� Q
:., .�,1
1 . The Court did not abuse its discretion withNregards to
this issue. Adequate facts were presented to support the Court' s
finding.
2 . The Court did not abuse its discretion with regards to
this issue. Adequate facts were presented to support the Court' s
finding.
3 . The Court did not abuse its discretion with regards to
this issue. Adequate facts were presented to support the Court' s
finding.
4 . The Court did not abuse its discretion with regards to
this issue . Adequate facts were presented to support the Court' s
finding. By way of further answer, it was unnecessary for
Respondent to produce two witnesses to authenticate Decedent' s
signature, as the three people who actually witnessed Decedent
sign her Will testified at trial .
5 . The Court did not abuse its discretion with regards to
this issue . Adequate facts were presented to support the Court' s
finding. By way of further answer, no evidence whatsoever was
�
�
� �
�
. �r.ru.. u �.0 . . �
presented to the Court that Decedent suffered from weakened
intellect .
6 . The Court did not abuse its discretion with regards to
this issue . Adequate facts were presented to support the Court ' s
finding. By way of further answer, Decedent did not suffer from
weakened intellect .
7 . The Court did not abuse its discretion with regards to
this issue . Adequate facts were presented to support the Court ' s
finding. The Court ' s verdict, based on the totality of the
circumstances, was supported by the weight of the evidence.
8 . The Court did not abuse its discretion with regards to
this issue . Adequate facts were presented to support the Court ' s
finding.
NEW MATTER
9 . ParGgraphs 1 through 8 above are incorporated herein by
reference as though set out at length.
10 . Pursuant to Orphans ' Court Rule 7 . 1, the Exceptions
filed by Petitioner are untimely.
11 . Orphans ' Court Rule 7 .1 states that Exceptions must be
filed no later than twenty (20) days after entry of an order,
decree or adjudication.
12 . The Order of Court to which Petitioner filed Exceptions
is dated Febr.uary 20, 2015, and time-stamped on the same date .
13 . In order to be timely, exceptions to this Order of
Court should have been filed by March 12 , 2015 .
2
�! i , � a �
14 . Petitioner did not file Exceptions until March 16,
2015 .
15 . Petitioner repeatedly and mistakenly refers to the
Court ' s "February 231d Order" , which is an incorrect date .
16 . By using February 23 as the date of the Order,
Petitioner attempts to make it appear that the Exceptions filed
are timely.
WHEREFORE, Petitioner' s Exceptions should be dismissed.
Respectfully submitted,
� '
.�
,
,/ ,°r' °,�...,..;
� �„�,��:, �; �__
i
Marc R ert''s, quire
Attorney for Jennifer Margush
149 East Market Street
York, PA 17401
(717) 843-1639
I .D. No. 34355
3
. . . � i� . '.0 � a �
IN THE COURT OF COI�ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re: . No. 21-13-154
Estate of E. JEANNE (HOGUE) RECHT, .
deceased •
VERIFICATION
I , JENNIFER MARGUSH, do hereby verify that the facts set
forth in the foregoing pleading are true and correct to the best
of my personal knowledge or information and belief, and that any
false statemerits herein are made subject to the penalties of
Section 4904 of the Crimes Code (18 Pa.C.S . Sec . 4904) relating
to unsworn f�lsification to authorities .
, �r �
D a t e: Ap r i 1 � , 2 015 �-�L` �°ti.. ���/` �� L--
JENNIFER��MARGUSH
. . . . . . ��.�.. ,. � • � ..
IN THE COURT OF CONIl�iON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re: . No. 21-13-154
Estate of E. JEANNE (HOGUE) RECHT, .
deceased •
CERTIFICATE OF SERVICE
I, MARC ROBERTS, ESQUIRE, attorney for Jennifer A. Margush,
hereby certify that I have on the � day of April, 2015 , served
the attached Answer and New Matter to Petitioner' s Exceptions by
first class mail, postage prepaid, upon the persons and to the
addresses indicated below:
Kathleen Misturak Gingrich, Esquire
THE LAW OFFICES OF PETER J. RUSSO, P.C.
5006 East Trindle Road, Suite 203
Mechanicsburg, PA 17050
Richard R. Reilly, Esquire
54 North Duke Street
York, PA 17401
John M. Recht, Jr.
5520 Dansby Place
Tallahassee, FL 32311
Jane Recht
37 Randal Avenue
West Hartford, CT 06110
James Recht
45 Province Street, Apartment 2703
Boston, MA 02108
Joan R. Wolf
411 Limestone Road
Carlisle, PA 17015
�
�
r f, � �,,�,,,
;� �I
MARC R BERTS'', ESQUIRE
. . . . . . . . . 11!I'I�. ..II IIII R 1 . .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re : . No. 21-13-154
Estate of E. JEANNE (HOGUE) RECHT, .
deceased •
ORDER REGARDING EXCEPTIONS
AND NOW, TO WIT, this day of , 2015,
upon consideration of the within Answer and New matter of
Respondent Jennifer Margush, it is hereby ordered that the
Exceptions are dismissed due to their untimelinsess and
inconsistency with the weight and sufficiency of evidence .
BY THE COURT,
Thomas A. Placey, C.P.J.
Distribution:
Kathleen Misturak Gingrich, Esquire
Marc Roberts, Esquire
Richard R. Reilly, Esquire
John M. Recht, Jr.
Jane Recht
James Recht
Joan R. Wolf