HomeMy WebLinkAbout04-21-06
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
THE ESTATE of CARRIE A. SHIVELY,
deceased
No. 2005 - 00519
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Late of Newville Borough
PETITION OF BETTY J. STOUFFER FOR RULE TO SHOW CAUSE
EXECUTOR SHOULD NOT BE REMOVED~ SUBJECTED TO SURCH-
COMPELLED TO FILE AN ACCOUNT
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THE 7:'"
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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. By Order of this Court dated March 2,2006 (copy attached hereto), John McCrea, the
executor of the Estate of Carrie A. Shively, was directed to present an informal
account of his administration of the estate to the petitioner no latrr than March 21,
2006. I
As of the date of this petition, one month later, the executor has n~t done so, and he
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has not explained his failure to do so. !
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The petitioner's attorney wrote to the executor on April 7, 2006, Ireminding him of
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this Court's Order and suggesting that even the most informal ac ounting might be
acceptable to the petitioner.
4. The executor has not responded, and the petitioner's attorney has een unsuccessful
in his attempts to reach the executor by telephone. I
WHEREFORE, the petitioner prays this Honorable Court issue upon the 1xecutor a Rule to
Show Cause why the Letters appointing him should not be revoked, whyl he should not be
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Ordered to file a First and Partial Account, and why he should not be +rcharged for any
losses to the estate, as well as the full amount of the petitioner's attorney fets.
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Dated: fiLl
, 2006.
Respectfully submitted, i
SAID IS, FLOWER & LI~SA Y
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By:
Thomas E. Flower, Esq.
Id. No. 83993 II
2109 Market Street
Camp Hill, PA 17011
717-737-3405
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IN RE: THE ESTATE OF
CARRIE A. SHIVELY,
deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Late of Newville Borough
NO. 2005-0519
ORDER OF COURT
AND NOW, this 2nd day of March, 2006, this matter
having been called this date, and the parties having reached
an agreement for relief that is acceptable to them at this
point, it is ordered that an inheritance tax return shall be
filed not later than Friday, March 10, 2006, and an informal
accounting not later than March 21, 2006.
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By thE;_/C'o~r '7
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Edgar B.
~. Thomas E. Flower, Esquire
For Petitioner
John McCrae
c/o Sally J. Winder, Esquire
9947 Molly Pitcher Highway
Shippensburg, PA 17257
Sheriff
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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: April 21, 2006
By:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
THE ESTATE of CARRIE A. SHIVELY,
deceased
No. 2005 - 00519
Late of Newville Borough
CERTIFICATE OF SERVICE
AND NOW, this 21st day of April, 2005, 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: Du~S1~
Thomas E. Flower, Esquire
Supreme Court ill #83993
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Petitioner