HomeMy WebLinkAbout07-26-06
INRE:
ESTATE OF ETHEL R. ROSENTHAL
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
: ORPHANS' COURT DIVISION
: NO. 1//1 Lf ,,7-00 ~
PETITION FOR DISCHARGE OF CLAIM
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attorney for the estate of Ethel Rosenthal and represents the following:
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1. On May 15, 2006, Harry M. Baturin, Esquire, sent a notice of a claim by Shirmor Company
against the estate of Ethel Rosenthal.
2. Said letter and notice of claim included a claim for $3318.00, plus interest in the amount of
$6,985.44.
3. Said notice included a copy of a billing statement dated December 28,2001 which showed
rent due for December of2001 and January 2002. It also included a charge for refinishing the
hardwood floors in the apartment once rented by the Rosenthals. A copy of the notice and
invoice is attached hereto as exhibit A.
4. The apparent lease expiration date as set forth on the invoice was January 31, 2002.
5. Charles Rosenthal died on November 21,2002.
6. Charles Rosenthal was the husband of Ethel Rosenthal.
7. Charles Rosenthal and Ethel Rosenthal at one time occupied the apartment located at 2604 N.
2nd St., second floor, Harrisburg, PA 17110.
8. Ethel Rosenthal died on March 4, 2006.
9. Ethel Rosenthal had been suffering from Alzheimer's disease for years and had been living at
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Manorcare in Camp Hill, Pennsylvania.
10. The Shirmor claim is barred by the applicable four year statute of limitations.
11. The Shirmor claim is barred by the doctrine of laches.
12. Petitioner is unable to defend this claim due to the fact that more than four years have passed
and both tenants are deceased.
WHEREFORE, petitioner respectfully requests that a citation be issued to Shirmor Company and
Harry M. Baturin with a rule to show cause as to why the Shirmor Company claim should not be
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William L. Adler, Esquire
Attorney for Estate
ADLER & ADLER
P.O. Box 11933
125 Locust St.
Harrisburg, PA 17108
717-234-3289
Supreme Court ID Number 39844
discharged.
July 25, 2006
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I, William L. Adler, Esquire, Attorney for the estate, hereby certify on the '-
_day of :::5 v' ly , 2006, I served a copy of the within Petition upon the
following person by first class mail, postage prepaid, addressed as follows:
Harry M. Baturin Esquire
BATURlN & BATURlN
2604 N. Second S1. a
Harrisburg, PA 17110 fh IJ
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William L. Adler, Esquire
CERTIFICATE OF SERVICE
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