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OFFICE OF THE REGISTER OF WILLS
OF THE COUNTY Of' CUM..BERLAND, PENNSYINAHIA
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IN THE MATTER OF THE ESTATE OF
JOSEPH A. HURLEY,
256 Orphans' 1978
Deceased
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Monday, June 12, 1978
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Cumberland County Courthou~e
Carlisle, Pennsylvania
3:00 p.m.
BEFORE: RICHARD E. ANDERSON, Register of wi lIs
IN RE ~ ADVERSE LETTERS PROCEEDING
APPEARANCES:
DAVID J. FOSTER, Esquire
831 Market Street
Lemoyne, Pennsylvania
(For the Petitioner)
JERRY R. DUFFIE, Esquire
3rd and Market Streets
Lemoyne, Pennsylvania
(Solicitor for the Register of Wills)
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PRO C E E DIN G S
MR. ANDERSON: The hearing will come t.o order.
This is the time and place set for the hearing on the
peti tion of Frances M. Brown, a petition to compel administra"l
tion, also known as a petition for adverse letters, against
John R. Hurley, the natural father of Joseph A. Hurley, now
deceased.
'I'ne petition was received by t.his office on May 26/
1978, and upon receipt a citation was issued to John R.
Hurley, the father and next of kin of Joseph A. Hurley,
deceased, to appear before me on this date and time.
John R. Hurley has received a copy of the citation
together with the petition and for the record, Mr. John
Hurley, is not present, nor is anyone else representing
Joseph A. Hurley, deceased.
In as much as there is nobody present on the other
side, and that David J. Foster, Esquire, attorney for the
petitioner is present, we will dispense with the informal
conference and proceed directly to the adverse letters
hearing.
Mr. Foster, I note that you have no witnesses
present here today; would you care to make a statement for
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the record indicating the basis on which you have petitioned I
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this office to have letters issued either to Mr. John R. I
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Hurley, Mr. Hurley's nominee, your nominee. I
or I
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MR. FOSTER: On October 23, 1977, the deceased, I
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,Joseph A. Hurley, W'iS driving an automobile in East Pennsboro I
Township.
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The deceased, Robert W. Grab, Jr., was a passenger I
in that automobile
On that date, Joseph Hurley lost control of the
automobile, causing it to leave the road, collide with a
telephone pole, and that in turn caused the death of Joseph
A. Hurley and Rowert W. Grab, Jr.
Frances Marie Brown, being the natural mother of
Robert W. Grab, .lr., deceased, was appointed the adrninistratri!x
of the estate of Robert W. Grab, Jr. on May 17, 1978, for
the purpose of filing a wrongful death and survival action
against the estate of Joseph A. Hurley, deceased, in Cumber-
land County.
Up until this time there has been no personal repre-
sentative appointed on behalf of the estate of Joseph A.
Hurley or his estate. And for that purpose, in order to
institute suit, this petition has been filed.
MR. ANDERSON: Can you state for the record where
Joseph A. Hurley resid~d at the time of his death?
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MR. FOSTER: He resided at 840 Hillside Drive,
Camp Hill, Pennsylvania 17011.
MR. ANDERSON:
That.s in WormJeysburg,
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pennsy vanl.a? I
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MR. FOSTER:
That I S right.
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Okay, we'll amend your position to re~lect
MR. ANDERSON:
that he lived i.n the borough of Wormleysburg J :-::umLerland
County, Pennsylvania, at the date of his death.
In as much as Mr. John R. Hurly has not appeared
and has not submitted any names as nominees to act as
personal representative for the son's estate, we will give
you this opportunity to nominate a person or corporate
fiduciary to act in this capacity.
MR. FOSTER: At this time we are still in the
process of obtaining a nominee for that purpose.
MR. ANDERSON: Then, we will give you ten days
in which to submit a name, and after we get the name we'll
give John R. Hurley five days'notice that this name has
been nominated, and unless he files objections within that
time we will issue letters to that person.
(Whereupon, the following order was entered.)
AND NOW, June 12, 1978, upon petition of Frances
Marie Brown, administratrix of the estate of Robert W. Grab,
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Jr. I' deceased,
It is hereby granted that the petitioner, through
her attorney, David J. Foster, Esquire, shall nominate
within ten days a person or corporate fiducial-l to act as
the personal representative of the estate Df Joseph A.
Hurley, deceased, late of the borough of Wormleysburg,
Cumberland County, Pennsylvania.
It is further directed that upon receipt of said
nominee from Frances Marie Brown that the respondent, John R.
Hurley, father and next of kin of the decedent, Joseph A.
Hurley, shall be notified and if no objections
Richard E. Anderson
Register of Wills
within five days, letters
(Whereupon, the hearing was adjourned at 3:05 p.m.)
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I hereby certify that the proceedings are contained
fully and accurately in the notes taken by me on the hearing
of the within cause, and that this is a true and correct
transcript of the same.
~uui!vJ:C; d~c/<-f-
Sandra S. Gobrecht
Reporter