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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P~YL V ~~IA' .
ORPHANS' COURT DIVISION . .2~ :<
C'I,."1
INRE:
THE ESTATE of CARRIE A. SHIVELY,
deceased
No. 2005 - 00519
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C
Late of Newville Borough
PETITION OF BETTY J. STOUFFER FOR RULE TO SHOW CAUSE WHY THE
EXECUTOR SHOULD NOT BE REMOVED, COMPELLED TO FILE AN INVENTORY
AND ACCOUNT AND SUBJECTED TO SURCHARGE
TO THE HONORABLE JUDGES OF THE SAID COURT:
NOW COMES, Betty J. Stouffer ("the petitioner"), by and through her attorneys
undersigned, and respectfully states the following in support of her petition:
1. Carrie A. Shively ("Decedent") died testate on February 18,2005.
2. By her Will, Decedent appointed John McCrea ("the executor") as her executor.
3. By her Will, Decedent bequeathed and devised her entire estate to the petitioner and
her husband, Albert S. Stouffer.
4. On June 10, 2005, the executor submitted Decedent's Will for probate and took the
Oath, whereupon Letters Testamentary were granted to him.
5. The executor did not notify the petitioner of her beneficial interest in Decedent's
estate.
6. The executor did not publish the required executor's notices.
7. The executor did not pre-pay the estimated inheritance tax during the discount period.
8. The executor did not timely file, nor has he yet filed, the required inheritance tax
return, eleven (11) months now having passed since the date of death.
9. Upon information and belief, Decedent's estate consists only of ordinary bank
account(s) and a personal residence; and its administration presents no difficulties.
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10. The executor was reminded by the Register of Wills by letter of August 15,2005, of
his duty to notify beneficiaries of their interest in Decedent's estate, and of his duty to
certify to the Register his performance of same.
11. On October 10, 2005, by Order of Judge Bayley, the executor was required to appear
at a hearing on November 21,2005, to explain his inaction.
12. The executor failed to appear at the said hearing.
13. After petitioner's attorney contacted the executor's attorney, the executor on
December 7, 2005, presented the petitioner with a deed of special warranty,
purporting to convey the property free and clear, despite the fact that the claims of
creditors have not been foreclosed and the inheritance taxes affecting the property
have not been paid, and are in fact delinquent.
WHEREFORE, the petitioner prays this Honorable Court issue upon the executor a Rule to
Show Cause why the Letters appointing him should not be revoked, why he should not be
Ordered to file an inventory and First and Partial Account, and why he should not be
surcharged for any and all losses incurred by the Decedent's estate as a result of his neglect
of his duties.
I 3
Dated: Va"", I ,2006.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
BY:~~
Thomas E. Flower, Esq.
Id. No. 83993
2109 Market Street
Camp Hill, PA 17011
717-737-3405
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS ' COURT DIVISION
INRE:
THE ESTATE of CARRIE A. SHIVELY,
deceased
No. 2005 - 00519
Late of Newville Borough
VERIFICATION
I, Betty J. Stouffer, Petitioner, hereby verify that the statements made in the foregoing
petition are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating
to unsworn falsification to authorities.
Date: January 13, 2006
By:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
THE ESTATE of CARRIE A. SHIVELY,
deceased
No. 2005 - 00519
Late of Newville Borough
CERTIFICATE OF SERVICE
AND NOW, this 13th day of January, 20r{; I, Thomas E. Flower, Esquire, of the
firm of Saidis, Flower and Lindsay, hereby certify that I this day served a true and correct
copy of the foregoing Petition for Rule to Show Cause upon the party listed below via
United States Mail, postage prepaid, addressed as follows:
John McCrae
c/o Sally J. Winder, Esquire
9947 Molly Pitcher Hwy.
Shippensburg, P A 17257
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
BY~~
Thomas E. Flower, Esquire
Supreme Court ill #83993
2109 Market Street
Camp Hill, P A 17011
(717) 737-3405
Attorney for Petitioner