HomeMy WebLinkAbout11-03-06
.
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0916
ESTATE OF FLORENCE:
J. GORDON, Deceased
IN RE: MOTION TO MAKE RULE ABSOLUTE
ORDER OF COURT
AND NOW, this 3rd day of November, 2006, upon consideration of the Motion To
Make Rule Absolute filed by Adam Gordon, Executor of the Estate of Florence J.
Gordon, on October 30, 2006, and following a telephone conference with Mark A.
Mateya, Esq., on behalf of the Estate and Richard Engel, Esq., on November 3,2006, and
it appearing (a) that the original rule to show cause issued by this court on October 6,
2006, was not served directly upon the respondents, Fred R. Lerman and Robert R.
Lerman, and (b) that Richard Engel, Esq., has not accepted service of the rule on behalf
of the respondents, and is not an attorney of record in this case, it is ordered and directed
as follows:
1. The motion to make the rule absolute IS dismissed as
..,,'_ r".\ ;--,:;'\c:r'.,irl8
\' \ I', ~ . :,i\.~.t '-0...l...J~ '1\ \
101Bf\6:rs:r\IVHd80
:\0 ;.\tB18
S \ : \ Wd ~ - ^ON qUOl
J.
s"rM-;\. l- _. ,. "r\r\:l\.:
.n -j'~idjO U:111~jJJ.Jd
-,v
/~
..
..
Mark A. Mateya, Esq.
P.O. Box 127
Boiling springs, PA 17007
Attorney for the Estate
Fred R. Lerman
7820 Spectrum Way
Fayetteville, NY 13066
Robert R. Lerman
135 Potter Hill Road
Port Crain, NY 13833
Courtesy Copy:
Richard Engel, Esq.
Nottingham Law Office
One Lincoln Center
Syracuse, NY 13202
t1
.>'
;Jr
OCT 81 2DD6 /'/'i
ESTATE OF FLORENCE J.
GORDON, (Deceased),
: IN THE ORPHANS COURT OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2005-00916
ORDER
AND NOW, this _ day of
, 2006, pursuant to Petitioner's Motion to
Make Rule Absolute,
IT IS HEREBY ORDERED AND DECREED that Fred R. Lerman and Robert R. Lerman
shall hire a MAl approved appraiser to conduct an appraisal of the Mandon Partnership and shall
thereafter follow through with the purchase of the decedent's share of the Partnership in accordance
with the Mandon Partnership Agreement.
BY THE COURT:
J.
ESTATE OF FLORENCE J.
GORDON, (Deceased),
: IN THE ORPHANS COURT OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2005-00916
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioner, Adam Gordon, Executor of the Estate of Florence J. Gordon,
(hereinafter "Executor"), by and through his attorney, Mark A. Mateya, Esquire, and respectfully
represents:
1. That on September 2, 2006, Executor filed a Petition to Issue Citation Pursuant to
Orphans' Court Rule3, requesting that this Honorable Court issue a Rule to Show Cause on Fred R.
Lerman and Robert R. Lerman to show cause why an appraisal should not be obtained for the
Mandon Partnership and to follow through with the purchase of the decedent's share of the
Partnership according to the Mandon Partnership Agreement.
2. On or about October 6, 2006, this Honorable Court issued an Order directing Fred
R. Lerman and Robert R. Lerman to show cause why the requested relief should not be granted with
a Rule Returnable within twenty (20) days of service. A copy of the October 6d006, Or4!f is
Co <<::::) '::0
<:."'" ~ =-0 n,
attached hereto as Exhibit "An and is incorporated herein by reference. 'i~ 2 f~ ~
3. Said Rule was served upon Respondent's counsel, Richard Engel,,~."~~e, bf\his ~I] 8
c:t (j n c=:;
()O~ ~ '::h~
(:) r- __ ~lj
Honorable Court. ~- :.0 - 1-)
::0 --i I);> ,'r'l
.J> +" c)
W -1
6. The last day to respond to the Rule was October 26, 2006.
7. No response to the Rule was filed.
WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order
to hire an MAl approved appraiser to appraise the Mandon Partnership and to thereafter follow
through with the purchase ofthe decedent's share of the Partnership in accordance with the Mandon
Partnership Agreement.
Respectfully submitted,
Mark A. Mateya, Esq
Attorney J.D. No. 789
P.O. Box 127
Boiling Springs, P A 17007
(717) 241-6500
(717) 241-3099 Fax
Dated:
coho Jo~
I
Attorney for Petitioner
RECEIVED OCT 07 200i
ESTATE OF FLORENCE:
J. GORDON, Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0916
ORDER OF COURT
AND NOW, this 6th day of October, 2006, upon consideration of the Petition To
Issue Citation Pursuant to Orphans' Court Rule 3, filed on behalf of the Estate of
Florence J. Gordon, a Rule is hereby issued upon Fred R. Lerman and Robert R. Lerman
to show-cause why the relief requested in the petition should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
'J/~
~a A. Mateya, Esq.
. . Box 127
Boiling springs, P A 17007
Attorney for the Estate
-, '.. ...... . . ,
~t:'
1
'1'\:, 1%
~
-' .
Richard Engel, Esq.
Nottingham Law Office
One Lincoln Center
Syracuse, NY 13202
Attorney for Fred R.
Lerman and Robert R.
Lerman
. ,"
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Petitioner's Motion to Make
Rule Absolute on the following person( s) by facsimile and by depositing a true and correct copy
of the same in the United States Mail, first class, postage prepaid, at Boiling Springs,
Cumberland County, Pennsylvania addressed to:
Richard Engel Esquire
1 Lincoln Center Ste 600
Syracuse NY 13202
ll~-
Mark A. Mateya, Es
P.O. Box 127
Boiling Springs, P A 17007
(717) 241-6500
Dated:
, b~Oh
In Re: Estate of FLORENCE J GORDON
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-05-916
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/3/06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 11/3/06
IN RE: ORDER OF COURT IN RE: MOTION TO MAKE RULE ABSOLUTE
'\ '\ ,\" '\ '\ '\ '\ '\ , '\ '\ '\ '\ '\ '\ '\... '\ '\...... '\" '\ '\ '\ '\ '\" '\..." '\ '\ '\ '\ '\ '\" '\ '" '\ '\ '" '\ '\ '\ '\... '\ '\" '\ '\"... '\"""...... ,\" '\ '\ '\ '\... '\ '\ ,\" '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\" '\ '\ '\ '\... '\" '\...... '\ '\ '\" '\ '\ ,'\ '\ '\......" '\ '\ '\ '\
SERVICE TO:
MARK. A MATEY A ESO
RICHARD ENGLE ESO
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
IZI USPS
DRRR
D HAND DELIVERED
D OTHER_
IZI PETITIONER
D JUDGE
IZI CLERK. OF ORPHANS COURT
MAILED: 11/6/06
'\ '\ '\ '\... '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ " '\...... '\ '\ '\ '\ '\ '\ '\" '\ '\ '\... '\... '\... '\... '\... '\... '\,'\ '\" '\..." '\ '\" '\ '\ '\ '\ '" '\ '\ '\ '\ '\ '\ '\...... '\ '\... '\ '\... "... '\... '\.....,' '\ '\ '\ '\ '\... '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\... '\ '\ ",..." '\...,' '\
SERVICE TO:
ROBERT R LERMAN
FRED R LERMAN
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
IZI USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
IZI JUDGE
D CLERK. OF ORPHANS COURT
MAILED: 11/6/06
~e~~/ 1J"----
1 st Deputy
Clerk of Orphans' Court