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Home My WebLink About06-13-06 h_' I~) , ,> ...-, , (2., (-_!. \ . , / Neil W. Yahn, Esquire Attorney LD. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17036 Attorneys for Petitioner L.'] . - -.., ), \-\ i --\ ...- .' .-"') ~ IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LINWOOD B. PHILLIPS, JR., Deceased ALICE R. PHILLIPS, ORPHANS' COURT DIVISION Petitioner v. NO. 21-06-0] 22 ROBERT G. FREY, Respondent MOTION FOR EMERGENCY RELIEF Upon information and belief, the Petitioner, ALICE R. PHILLIPS, by and through her attorneys, JAMES, SMITH, DIETTERICK AND CONNELLY, LLP (the "Petitioner"), files this Motion for Emergency Relief to require Robert G. Frey (the "Respondenf'), to enjoin any of the consanguineous descendants of the decedent, Linwood B. Phillips, Jr., (the "Decedent') from accessing the Homestead, the Camp Site and all adjoining lands pending adjudication of the Petition for Relief for the following reasons. 1. Petitioner, Alice R. Phillips, is an adult individual residing at 93 Encks Mill Road, Carlisle, Pa 17013, and is the surviving spouse of the Decedent. 2. The Petitioner filed a Petition for Reliefwith this Honorable Court against the current executor, Robert G. Frey (the "E'Cecutor") seeking his removal and a Rule to Show Cause was issued. 3. The Petitioner now seeks this immediate relief for her own safety and personal reasons and as opposed to seeking the immediate dismissal of the Respondent which will require the appointment of a successor executor (simply put the Petitioner does not have a successor corporate trustee in place at this time), the Petitioner is requesting this Honorable Court intervene to direct the Respondent of his duties as Executor. 4. Petitioner avers the Respondent has allowed the consanguineous descendants of the Decedent to trespass on the real property of the Estate and harass the Petitioner and possibly dissipate assets of the Estate (for purposes of this Motion only the consanguineous descendants of the Decedent shall be called "Descendants"). 5. The Descendants includes the natural born children of the Decedent, specifically, Linwood B. Phillips, III, Merle R. Phillips, W. Alan Phillips and Linda L. Stull and their descendants. 6. Petitioner filed a Motion for Emergency Relief against the son of the Decedent, namely Linwood B. Phillips, III, last week and a joint stipulation was entered into as reflected in the attached Exhibit "A" (the "Joint Stipulation"). 7. Contemporaneous with the Motion for Emergency Reliet~ the Petitioner procured a private security group (the "Security") as she feared for her safety and well being. - 2 - 8. The Joint Stipulation set forth specific property boundarics for the Petitioner and Linwood B. Phillips, lIll, as further reflected therein. The Petitioner agreed to remain on the house and the immediate surrounding acreage (the "Homestead"); however, certain related parties to Linwood B. Phillips, III, have now elected to harass the Petitioner. 9. Without waiving any claims related thereto, the Petitioner agreed to not access the contiguous properties to the Homestead as outlined in the Joint Stipulation (which includes the Camp Site adjacent to the Homestead (the "Camp Site ")); provided however, the Respondent, despite having received a copy of the initial Motion for Emergency Reliet~ has failed to uphold his fiduciary duties to assure that no one is trespassing on the Camp Site or adjoining properties (collectively the Homestead, the Camp Site and the adjoining properties shall be called the "Real Property"). The Real Property is depicted in the attached Exhibit "8". 10. The Real Property remains an asset of the Estate and pending the adjudication of the claims in this matter, the Descendants do not have a legal right to be on the Real Property. 11. Petitioner initially agreed to allow certain parties limited access, however, it is apparent the Petitioner's well being is in danger based upon recent events and this access should no longer be permitted. 12. The Respondent is well aware of the controversies by and between the Petitioner and the Descendants and has elected not to interfere. 13. Petitioner avers that the Respondent has elected not to interfere because of the nature of his legal relationship with the Descendants. " - .) - BXHIBIt A 06/01/2006 12:35 FAX 7175825166 J UN-I,n - c\::l\:1b 1 c: \!J:J PERRY CO JUDGES CHA~1BERS 14]001 P.06 INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EST A TE Of LIN"\:VOOD B. PHILLJPS, JR., Deceased ALICE R. PIDLUPS, Petitioner ORPHANS' COURTDMSION v. : NO. 21-06-0122 LINWOOD B. PHILLIPS. m. Respondent ORDER AND NOW this ~ay of June, 2006, the attached Joint Stipulation is hereby entered as an Order of Court. p,J. TOTPL P.06 05/31/2005 23:43 717-243-1850 MDW & 0 PAGE 02/04 INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ESTATE OF LINWOOD B. PIDLLIPS, JR., Deceased f\LICE R. PHILLIPS, Petitioner ORPHANS' COURT DIVISION v. NO. 21-06-0122 LINWOOD B. PHILLIPS, III, Respondent JOINT STIPULATION Petitioner, Alice R. Phillips ("Petitioner"), by and through her attorneys, Neil W. Yahn, Esquire of James, Smith, Dietterick & Connelly, LLP and Respondent, Linwood B. Phillips, III ("Respondent") by and through his attorneys, George B. Faller Jr., Esquire afMartson Deardorff Williams & Otto, file this Joint Stipulation to defined the access over the property currently held by the Estate of Linwood B. Phillips for the reasons as set forth herein. 1. Petitioner filed a Motion far Emergency Relief on May 30, 2006 (herein "Motion") requesting the Respondent be enjoined from entering the "Property" as further described in the attached Cumberland County Tax Map set forth as Exhibit "A" (the "Tax Map"). 2. In the Motion, the Petitioner requested the Court enjoin the Respondent from accessing the Property to prevent harassment and in the interim the parties have agreed without waiving any property rights thereto, that the Respondent will not access the Property as further reflected in the marked areas on the attached Tax Map and the Petitioner will continue to adhere to the boundaries as agreed with the Executor Robert Frey. EXHIBIT B 'E 0) E '" '" c. 0) '" ~ :2 <\: ~~ >- n;<\: c: "0 C'I 5 ~ g-.~ Uo 01:> -g ~ ,:: a:> !!! ~ g,!!? ... c. <:: C> ~ ~ 0 ~ E O1.,<\: ':J.E~c:: ~~~:o Q)Cl~Q.) ~~.s~ ::l t ~ ~ ~o>u In Cl~ c:O .a.~ o..a.. C'tSc :E~ ><~ co.... I-~ ::l __l..l8 ,......, l..l cO ...., <1' 0 c: '. <to ::s .EI ~ O"c(/) OJl -1" Ulnju.: -g~I~ C'tS :::;1 "i:o Q)c .c,~ E,g ::so<.. (fI U:c r- Q) ...\!:l o en (~ Vl ~ 6- m c ~ I I I I L~_ --.. ----. llJ +~ ~ E)(1l1B1T C Page 1 of 1 From: Michael Hermanowski To: walnut-grove@earthlink.net Date: 6/8/2006 10:00:27 PM Subject: Incident on 6-6-06 ----~-~~-~---- ---~~---~-- -~----~ -- ---~-----~~-----~-~--~-------- ---~-- On 6 June 2006 at approx.1930 I Michael Hermanowski while on patrol for Assets Protection was verbally abused and accosted by a white female known as Linda the daughter to the deceased. V\lhile on patrol, I noticed a pickup truck later identified as a red 2500HD This pick up truck was uSing the left side access road (as looking at the house from the road) and was driving at a high rate of speed The driver of the vehicle was driving erratically as I saw from the golf cart I was driving to catch up to and identify The driver who pulled out from the backside of the pig farm blocked me in and motioned for me to come to her in which I did leaving the golf cart approx. 10ft behind me The driver then asked who I was in which I replied my name and then asked to what I was doing there. I then asked who the driver was, the reply was that of "Linda you son-of-a-bitch". She then rolled down her window and I saw power tools, bolt cutters and various cases in the cab of the truck. I asked to what the bolt cutters were for and her reply was that of "Don't accuse me of stealing you bastard" She then asked again for whom I was and whom I worked for I again stated my name and the estate. I retreated to my golf cart and tried to leave when Linda lurched her truck forward as to block me. I put the cart in reverse and positioned it in a way to aid in my escape; I then put the cart in forward motion and was able to make it around the truck unobstructed. I made contact with the state police telephonically who later sent a trooper to take a report. While on the telephone Linda again confronted me and started looking through the dumpster located at the end of the road on the left side access road. She stated that I should be careful whom I accuse of stealing. Since I was on the phone with the state police, I could not reply. A later search of the area and various known points of interest yielded no evidence of tampering. Although, there was a time when Linda was seen with the tenants closest to the trailers. The trooper who arrived to take my statement did go around the property with me to ensure the security of the trailers and the "museum". This is a record of incident that the presentation drawing attached should be able to answer any questions fi Ie / /C\Documents%20and%20Setti ngs\Nancy\.Local %20Setti ngs\T emp\B 50CCD78-C3 5 3.. 6/8/2006 a:-(9II-<(OOWC/)C/) ~~n ~<(_zoa:_>W -1WLLI-<(OOWC/)C/) EXHIBIT D Q ~. 1. f'I'\ 1'0 )0 ~ f'I'\ ~ - l1' ~ 'A 3 , ~ ~ % <: Z o v,,? ;, ~~ o .4 ~ ~ . ~ . C\ J> _ r ? :ll Jo ~\ ~2. Cl o z :Z 1: C, 1: -< o C :ll ." J> -< - -.4 tJ> . Gl 3 ~\ INCIDENT REPORT DATE: '--1';tl..J'(~/ ! /=~\ )__ <r;() TIME ) ~7 ,<)j 1-'7 I I PLACE: (Bid;. No., Column No., Are., Etc.l " '-=:Jtj L ,:::)<: 5 DESCRIPTION OF INCIDENT: WHAT HAPPENED? - CFF..L/'t:(( ,}, >....r".:!;.d-.... ..~ , ,"'~ " ... WHO WAS INVOLVED? ,/'ni~1t.. 'll~ L..:c,Y)C T/:!vC lcs (,:;dL~) P{7.c f<:>jiJhj POLICE OFFICER FIRE DEPT. l:"~)/!- d . , ('''''.., / ...../T.O .-t L\~el( /~{L( .. P,"L:S:: -J j}-,-F AMEI. SER. ACTION TAKEN BY GUARD: /) 1-- ~:y .1:=,,--.:::.- ,-,\;-~S'~E (Jill LJ;.d CLIENT REPRESENTATIVES NOTIFIED: TIME TIME TIME ADDITIONAL REMARKS: SIGNED / .,.>./'.----..-... -~.....- /", ~ /' I/./' /--'. "'--_--:,/,r/ /~~_.--'--~ " /- / - -~"-- -- ~MP. NO. VOU INCl~~ THE FACTSn HAVE VERIFICA TION L Alice R. Phillips. verify that the facts set forth in the foregoing document are tlLle and conTct 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. ~4904, relating to unsworn falsification to authorities. / / -:~ ) /j /~ V/'~;-~ 7? a P? _ <... 'L Alice R. Phillips oJ iJ/J fi~ ./ r ../I'~-/.-/r Date: