HomeMy WebLinkAbout11-28-06
EST A TE OF FLORENCE J.
GORDON, (Deceased),
: IN THE ORPHANS COURT OF
: CUMBERLAND COUNTY, PENNSYL VANIA
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AND NOW, comes Petitioner, Adam Gordon, Executor of the Estate ofFl<fr"ence J. G@ion," "
: NO. 2005-00916
MOTION TO MAKE RULE ABSOLUTE
(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 6, 2006, Order is
attached hereto as Exhibit "A" and is incorporated herein by reference.
3. On November 3, 2006, a telephone conference was held with Mark A. Mateya, Esquire,
Richard Engel, Esquire and the Honorable Judge Oler, whereupon it was determined that service of
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RECEIVED OCT 07 it
ESTATE OF FLORENCE :
J. GORDON, Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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,
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~ar A. Mateya, Esq.
. " Box 127 .
Boiling springs, P A 17007
Attorney for the Estate
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Richard Engel, Esq.
Nottingham Law Office
One Lincoln Center
Syracuse, NY 13202
Attorney for Fred R.
Lerman and Robert R.
Lerman
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ESTATE OF FLORENCE:
1. GORDON, Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0916
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
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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:
Fred R. Lerman
7820 Spectrum Way
Fayetteville NY 13066
Robert R. Lerman
135 Potter Hill Road
Port Crain NY 13833
Richard Engel Esquire
1 Lincoln Center Ste 600
Syracuse NY 13202
Dated:
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P.O. Box 127
Boiling Springs, P A 17007
(717) 241-6500