HomeMy WebLinkAbout10-27-06
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
MAILING ADDRESS:
P.O. BOX 168
LEMOYNE, PA 17043-0168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 76\-536\
E-MAIL: LawAndes@aoI.com
27 October 2006
FAX
(717) 76\-\435
The Honorable J. Wesley Oler
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Estate of Geraldine v: Sohmer, deceased
Orphans Court Division
State No. 21-05-0571
Dear Judge Oler:
In April of this year I filed Exceptions to the account of the personal
representative in the above estate and, on 12 April 2006, you appointed Stephen D.
Tiley, Esquire, as auditor to review and report on those Exceptions and the Account.
The parties have been able to resolve these matters without any formal
proceedings before Mr. Tiley. We need to vacate his appointment as auditor and
have an order entered which accepts the settlement reached by the parties. I have
prepared a motion to do that, with a proposed order, and I enclose them for you.
Mr. Tiley has graciously waived any fee for his limited services in the matter.
If you have questions or need further information, please contact my office at your
convenience. Thank you for your attention to this matter.
Samuel 1. Andes
amh / Enclosure
cc: David C. Mason, Esquire
Stephen D. Tiley, Esquire
Mr. Paul E. Sohmer
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IN THE MATTER OF THE ESTATE OF
GERALDINE V. SOHMER, deceased
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
STATE NO. 21-05-0571
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ORDER OF COURT
AND NOW this ~ day of tJ Ii , ' 2006, upon the joint
motion of Nancy R. Carberry and Paul E. Sohmer, by their respective counsel, it appearing that
they are the only heirs of the estate and they having represented to the Court that all debts and
obligations of the estate or the decedent, including any taxes, have been paid, and it further
appearing that the parties have reached an agreement to resolve all disputes raised in the
accounting filed by Nancy R. Carberry and the objections to that accounting filed by Paul E.
Sohmer, we hereby order and direct as follows:
1. The appointment of Stephen D. Tiley, Esquire, as auditor of this estate is hereby
vacated. Mr. Tiley has represented to the court that he is owed no fees for his services and so
we award no fees to him.
2. The accounting of Nancy R. Carberry previously filed in this matter, as amended by
the Mutual General Release of All Claims dated September 27,2006, and signed by ;N.~cy R.
Carberry and Paul E. Sohmer is hereby confirmed and the personal represe'htatives ~released
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from further obligation or liability for the performance of their services as personal
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representatives of this estate.
BY THE COURT,
Distribution:
David C. Mason, Esquire, P.O. Box 28, Philipsburg, PA 16866
Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043
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In Re: GERALDINE V. SOHMER
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-05-0571
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10-26-06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 10-27-06
IN RE: ORDER OF COURT
SERVICE TO:
STEPHEN TILEY, DAVID MASON AND SAM ANDES
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
DRRR
D HAND DELIVERED
DOTHER_
D PETITIONER
D JUDGE
~ CLERK OF ORPHANS COURT
MAILED: 10-30-06
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
D HAND DELIVERED
DOTHER_
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED:
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D puty .
Clerk of Orphans' Court