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F\fILES\DAT AF1LE\General\Current\1208 I .l.ruleabsolute
Created ~/31/06 1 I : 59At-.1
Revl sed 5/J 1106 00 I P\1
IN RE: ESTATE OF
DONALD H. SCHWARTZ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 21-05-0402
ORPHAN'S COURT DIVISION
PETITION TO MAKE RULE ABSOLUTE
AND NOW comes Judy M. Wood, by and through her attorneys, Martson Deardorff Williams
& Otto, and hereby requests that this Court make absolute the rule it issued on May 10,2006, regarding
Judy M. Wood's Petition for Removal of Administratrix Pursuant to 20 Pa. C. S.A. S 3182 and in support
thereof avers as follows:
1. On May 4,2006, Judy M. Wood filed a Petition for Removal of Administratrix Pursuant
to 20 Pa.C.S.A. S 3182.
2. On May 10,2006, this Court issued a Rule to Show Cause requiring Respondent Kathy
L. Smith to answer the Petition for Removal of Administratrix by May 30, 2006.
3. To date, Respondent Kathy L. Smith has not answered the Petition for Removal of
Administratrix.
4. Thus, pursuantto Pa.R.C.P. 206.7(a) and the Order of Court issued on May 10,2006,
all averments of fact in the Petition for Removal of Administratrix should be deemed admitted and the court
should grant Petitioner's instant motion.
WHEREFORE, Petitioner requests that this Court issue an order making absolute the rule it issued
on May 10,2006, and grant Judy M. Wood's Petition for Removal of Administratrix Pursuant to 20
Pa.C.S.A. S 3182, removing Kathy L. Smith as Administrator of the Estate of Donald H. Schwartz,
speci fying that Kathy L. Smith may not collect commission against the Estate, that the Estate be awarded
judgment in its favor against Kathy L. Smith in the amount of Six Thousand Dollars ($6,000.00), plus
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interest to be calculated from the date the withdrawals were made, plus the costs of bringing this Petition,
and whatever other relief this Court deems appropriate.
Respectfully Submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
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Ivo V. Otto, III, Esquire-
PA Attorney J.D. No. 27763
Michael J. Collins, Esquire
P A Attorney J.D. No. 200427
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneysfor Petitioner
Date: May 31, 2006
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Petition tor Make the Rule Absolute was served this date by depositing same in
the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Kathy L. Smith
40 West Baltimore Street
Carlisle, Pennsylvania 17013
Co- Administratrix
MARTSON DEARDORFF WILLIAMS & OTTO
By /\c,.... ill ). u
Mary ~. Price
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 31, 2006