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HomeMy WebLinkAbout01-05-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION MICHELLE ANGELA FOGLE, Movant v. : ESTATE NO. 21-05-0488 MARK ANDREAS FOGLE, CO-ADMINISTRATOR and TERRY WILLIAM FOGLE, CO-ADMINISTRATOR and : EDWARD LEE FOGLE, CO-ADMINISTRATOR: ALL OF THE ESTATE OF MAGDA FOGLE, DECEASED, Respondents o ~Q ~:~ "J:J ff.t~ 0 "1'E~ \.~::Q '7 (jl-;...... ;,~JOO ~ ~',O-"n .-. !r- N '.._):f) ." , ::-\ -0 "'7 0 RESPONDENTS' MOTION FOR CONTINUANCE OF JANUARY 11. 2007 HEARING REGARDING CONTEMPT AND SANCTIONS 1"',;) c;:::> <;3 t- ~ , c.J1 '" 1. A hearing is currently set for January 11, 2007 at 11 :00 A.M., regarding a prior motion for contempt and sanctions against the Respondents, the Co-Administrators of the captioned estate, for failure to file an account. 2. Your Petitioner, the adopted sister of the Respondents, specifically renounced her right to be a Co-Administratrix when the estate was opened. 3. The Respondents retained the undersigned with respect to this matter in the late Summer of 2006, but the undersigned and Respondents were unable to take further action for quite awhile because of difficulty of obtaining records from PNC Bank, the bank in which the account for the estate was opened. 4. Records have been obtained, and the Administrators prepared an informal account and proposed schedule of distribution, which is part of the undersigned's file but which has not yet been filed with the Court. 5. The undersigned intends to present a formal account, and now has all or nearly all of the materials needed to present same; the undersigned had hoped to have the formal account filed already, but circumstances have prevented that. 6. In any event, the undersigned is attempting to have a formal account filed by January 11, 2007, but may need a bit of additional time beyond that. 7. The undersigned has spoken with counsel for the Petitioner, described the circumstances articulated herein and also discussed the informal accounting and proposed schedule of distribution that the Respondents had provided to the undersigned. 8. During that conversation, counsel for the Petitioner and the undersigned identified potential areas of dispute, but counsel for the Petitioner has also informed the undersigned during that conversation that her client would oppose a request for a continuance of the January 11, 2007 hearing. 9. Under the circumstances described above, the undersigned requests that the Court continue the January 11, 2007 hearing and give the Respondents time to file a formal account as described in the proposed order attached hereto. WHEREFORE, Respondents request this Honorable Court to enter an Order continuing the January 11, 2007 hearing, and to provide any other relief the Court deems appropriate. fJ::o 41 'ho7 ate 2 ~ VERIFICATION I, Anthony T. McBeth, am attorney for the Respondents in the captioned action. am verifying the attached document for the Respondents in that they are outside the jurisdiction of this Court and their verifications cannot be obtained by the time this Motion needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. ~ 4904 (relating to unsworn falsification to authorities). rr,~1 o e . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION MICHELLE ANGELA FOGLE, Movant v. : ESTATE NO. 21-05-0488 MARK ANDREAS FOGLE, CO-ADMINISTRATOR and TERRY WILLIAM FOGLE, CO-ADMINISTRATOR and : EDWARD LEE FOGLE, CO-ADMINISTRATOR: ALL OF THE ESTATE OF MAGDA FOGLE, DECEASED, Respondents CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Shelly J. Kunkel, Attorney at Law Law Offices of Craig A. Diehl Attorneys for Petitioner 3464 Trindle Road Camp Hill, PA 17011 ~41~7 nthony T. M Attorney for s ondents 407 North Fron t., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court 1.0. # 53729