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HomeMy WebLinkAbout06-15-05 pdST& · SCHEll" .\ T T () B "" E'j:, .\ r LA \\- PENNSYLVANIA PHILADELPHIA PITTSBURGH HARRISBURG LANCASTER ALLENTOWN NEW JERSEY PRINCETON Paula J. McDermott Direct Dial: 717-612-6012 Fax Number: 717-731-1985 pm cdermottla)postschell. com File No.: 1752/120940 June 14, 2005 Orphans' Court Division c/o Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 RE: In Re: Estate of David M. Gross Cumberland County No. 2103-1065 Dear Sir or Madam: Enclosed for filing please find the original and four copies of Petitioner Post & Schell, P.c.' s Reply to New Matter for the above-captioned matter. Would you please time stamp the extra copy of this document and return it to our office in the enclosed self addressed, stamped envelope. As Judge Bayley has been assigned to this matter, I am copying him on this filing. If you have any questions or comments, please feel free to contact me. Thank you for your attention to this matter. Very truly yours, p~~.l'f.LC~ Paula J. McDermott PJM:djs Enclosures cc: Johnna Kopecky, Esquire (w/enc.) Brian 1. Gross (w/enc.) The Honorable Edgar Bayley (w/enc.) 17 NORTH SECOND STREET 12TH FLOOR HARRISBURG, PA 17101-1601 717.731.1970 WWW.POSTSCHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION ". '/;(6 '-' I / -_I I f ~ ' l ' James J. Kutz, Esquire Attorney ID # 21589 Paula J. McDermott, Esquire Attorney ID # 46664 Post & Schell, P.C. 17 North Second St., 12th Fl. Harrisburg, PAl 71 0 I (717) 731-1970 (.- c.C y- ~ ':./- ~\ ') \-Gc ) {~,kJI_l jl \{l \ 1 '___/ IN RE: ESTATE OF DAVID M. GROSS IN THE ORPHANS' COURT CUMBERLAND COUNTY, PENNSYLVANIA NO. 2103-1065 TO: THE HONORABLE EDGAR BAYLEY, J. PETITIONER POST & SCHELL. P.C.'S REPLY TO NEW MATTER The averments of the Petition to Show Cause are incorporated hereby; the numbering of the New Matter is incorporated hereby. 9. The averments of the Petition to Show Cause are hereby incorporated by reference. 10. Admitted in part and denied in part. It is admitted that an appeal to the Superior Court has been filed. It is specifically denied that any supersedeas is in effect which would prohibi t distribution of funds of the estate. II. Denied. It is specifically denied that the amount of funds that should go to the heirs of decedent, David Gross, is currently unknown. To the contrary, the opinion of the lower court is comprehensive and unassailable. By way of further answer, Post & Schell would be prepared to refund the monies in the unlikely event that the Superior Court would overturn the well reasoned opinion of Judge Bayley. 12. Admitted in part and denied in part. It is admitted that no accounting has been presented. It is specifically denied that any accounting should reasonably be required. The work done to obtain the funds for the estate was extensive and complex, involving numerous depositions, hearings, numerous briefings, discovery issues, and many other complex and varied tasks. 13. Denied. It is specifically and indignantly repudiated that the amount of fees earned is excessive. To the contrary, as indicated in the previous response, the work was long, difficult and complex and involved hearings, briefings, depositions and many other matters. By way of further answer, the recovery would be considerably less than a contingency fee arrangement would have generated. It is specifically denied that any of the fees generated are due to "a persistent and overbearing client." By way of further answer, had it not been for the persistence of Brian John Gross, the funds would still be in the hands of Elizabeth Barth. Mr. Gross' siblings did nothing to obtain the funds for the estate. 14. Admitted in part and denied in part. It is admitted that most of the pleadings and filings were completed with neither the knowledge of Respondents, nor their permission or acquiescence. That any such permission or acquiescence was required is specifically denied. It is significant to note that no objection up to the present time has been made to the handling of the case by the representative of beneficiaries, Mary Ellen Brouse and Anthony Gross. To the contrary, Ms. Brouse and Mr. Anthony Gross were apparently satisfied to reap the fruits of Brian Gross' labors without sharing in the costs. 15. Denied. Petitioner is without knowledge or information to form a belief as to the truth of these averments, and proof thereof, if material, is demanded at the time of hearing. By way of further answer, Respondents did not brief any of the matters, did not participate in the 2 , discovery, did not testify at the hearing, or III any way contribute to the victorious result achieved. Under those circumstances, the estate and its administrator and attorney will have to judge whether there is an entitlement to fees. 16. Denied. It is specifically denied that there is any relevance to what has happened in the underlying personal injury action. By way of further answer, the instant matter was a highly contested litigation as to whom the proceeds of the settlement should be paid, and many and complex litigation tasks were undertaken by Petitioner to achieve the highly successful result attained. WHEREFORE, Petitioner respectfully requests your Honorable Court to award the fees as requested. Respectfully submitted, POST & SCHELL, P.C. f~~.rw~ JAMES J. K Z, ESQUIRE Attorney ID # 21589 PAULA J. MCDERMOTT, ESQUIRE Attorney ID # 46664 17 North Second Street 12th Floor Harrisburg, P A 17101 (717) 731-1970 Attorneys for Post & Schell, P.C. Date: June ,~, 2005 3 CERTIFICA TE OF SERVICE I, Paula 1. McDermott, Esquire, do hereby certify that on the date set forth below, I did cause to be served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Johnna J. Kopecky, Esquire Shagin & Anstine, LLC 300 North Second Street 8th Floor P. O. Box 1225 Harrisburg, P A 17108-1225 Mr. Brian J. Gross 1 Spend-a-Buck Drive Dillsburg, PAl 71 09 as Executor of the Estate of David Gross POST & SCHELL, P.C. f~~. ~tf)R-Jt-- Paula 1. Mc ermott, Esquire Date: June \i ,2005