HomeMy WebLinkAbout10-02-06
IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF LINWOOD B.
pmLLIPS, JR.,
Deceased
Petitioner
C)
ORPHANS' COURT DIVISION'~; 9
'~7C)
...r-
!;1
-=0
;"-'"
I'..,)
e::>
c:>
CJ......
ALICE R. PHILLIPS,
o
n
---4
I
N
vs. NO. 21-06-0122
c)
"n
-0
-"....
-If....
:"')
"I
"q
C~)
r"~l
ROBERT G. FREY, LINDA L. STULL, :
ROBERT M. FREY, SUSAN R. HENRY,:
='=J
.....:..::.-,..
W
N
U1
Respondents
PRELIMINARY OBJECTIONS AND MOTION TO DISMISS
Respondent, Linda L. Stull, by her attorneys, Broujos & Gilroy, P.C., sets forth the following:
1. Petitioner Alice R. Phillips (petitioner) has filed a "Petition for Relief Citing Undue
Influence and Tortious Interference with Testamentary Expectancy" .
2. Petitioner's claim of Tortious Interference should be dismissed for the following
reasons:
a. The claim of Tortious Interference with Testamentary Expectancy is a separate
claim sounding in tort and is not an action subject to the jurisdiction of the
Orphan's Court Division.
b. The attempt to tile a Claim for Tortious Interference with Testamentary
Expectancy with the Register of Wills via the filing of a Petition and Rule to
Show Cause is in violation of Pennsylvania Rule of Civil Procedure 1007 which
mandates that such an action must be rIled by Praecipe for a Writ of Summons
or Complaint.
v
"
3. The Petition for Relief Citing Undue Influence should be dismissed for the following
reasons:
a. The Petition is defective because it suggests a Citation should only be entered
against the four named Respondents. However, all parties in interest as set
forth in paragraph 85 of the Petition should be issued a citation and allowed to
respond.
b. Petitioner has not nled any Appeal from Probate of the will and codicils set
forth in the Petition, and said Appeal is a prerequisite to a Petition requesting
a Citation be issued on all interested parties.
WHEREFORE, Linda L. Stull requests your Honorable Court to dismiss the Petition for
Relief Citing Undue Influence and Tortious Interference with Testamentary Expectancy fIled
by Alice R. Phillips.
Respectfully submitted:
BROUJOS & GILROY, P.C.
ubert X. . oy, Esquire
Attorney I o. 29943
4 N. Han er Street
Carlisle, A 17013
(717) 243-4574
Attorney for Plaintiffs
. ,
IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF LINWOOD B.
PffiLLIPS, JR.,
Deceased
ALICE R. PffiLLIPS,
ORPHANS' COURT DIVISION
Petitioner
vs.
NO. 21-06-0122
ROBERT G. FREY, LINDA L. STULL, :
ROBERT M. FREY, SUSAN R. HENRY,:
Respondents
CERTIFICATE OF SERVICE
I hereby certify that, on this date, I have served a true and correct copy of the
foregoing Preliminary Objections upon the following and in the manner specified, which
service satisfies Pa.R.C.P. 440:
UNITED STATES FIRST CLASS MAIL POSTAGE PREPAID TO:
George B. Faller, Jr., Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
Neil Warner Yahn, Esquire
James, Smith, Diettrick & Connelly, LLP
P.O. Box 650
Hershey, P A 17033
September 2 / ,2006
H bert X. Gi oy, Esquire
(Attorney Ii Defendants)
I. D. No. 29943
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, P A 17013
Telephone: (717) 243-4574