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ESTATE OF FLORENCE J.
GORDON, (Deceased),
: IN THE ORPHANS COURT OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2005-00916
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, 2006, pursuant to Petitioner's Moti8ff to
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ORDER
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AND NOW, this -!.dday of
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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 ofthe 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:
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ESTATE OF FLORENCE J. GORDON, DECEASED: CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-2005-0916
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/01/06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 12/05/06
IN RE: ORDER
SERVICE TO:
MARK A MATEY A ESQ
FRED R LERMAN
ROBERT L LERMAN
RICHARD ENGEL ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 12/05/2006
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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ESTATE OF FLORENCE J.
GORDON, (Deceased),
: IN THE ORPHANS COURT OF
: CUMBERLAND COUNTY, PENNSYLV A~IA
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MOTION TO MAKE RULE ABSOLUTE
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AND NOW, comes Petitioner, Adam Gordon, Executor of the Estate ofFl6rence J. G@fon,
(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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the original Rule to Show Cause issued on October 6, 2006, having not been served directly on Fred
Lerman and Robert Lerman, the Court issued an Order dismissing the Motion to Make Rule
Absolute and directing that service of the Rule to Show Cause be effectuated on Fred Lerman and
Robert Lerman. Judge Oler directed that the Register of Wills make service of the Rule to Show
Cause and the Order of November 3,2006 be served on Fred Lerman and Robert Lerman. A copy
of the Order of Court dated November 3,2006, is attached hereto as Exhibit "B" and is incorporated
herein by reference.
4. Said Rule was served upon Respondents Fred Lerman and Robert Lerman by this
Honorable Court on or about November 6, 2006.
5. The last day to respond to the Rule was November 27,2006.
6. No response to the Rule was filed at the conclusion of business on November 27,
2006.
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,
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Mark A. Mateya, Ulre
Attorney J.D. No. 78931
P.O. Box 127
Boiling Springs, P A 17007
(717) 241-6500
(717) 241-3099 Fax
Dated:
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Attorney for Petitioner
RECEIVED OCT 07 ZOO
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, .
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l!ar A. Mateya, Esq.
E. . 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, PENNSYLVANIA
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
prematurely filed;
2. The rule to show cause issued on October 6, 2006, is vacated;
3. Upon consideration of the Petition To Issue Citation Pursuant
to Orphans' Court Rule 3, filed on behalf of the Estate of Florence 1.
Gordon on September 12,2006, 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.
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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
13 5 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