HomeMy WebLinkAbout03-20-08
John F. Lyons, Esquire
112 Walnut Street
Harrisburg, PA 17101
(717) 238-4777
(717) 238-4793 - Fax
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF MARCI J.
HOLLENBACK, deceased
NO. ;)' -07 - I(~t~~'
REGISTER OF WILLS
SSN: 173-38-5938
PETITION
FOR
CITATION ON A DECEDENT'S SURVIVING SPOUSE TO SHOW CAUSE
WHY HE SHOULD NOT QUALIFY AND FAILING QUALIFICATION,
WHY AMY SEAMAN, DECEDENT'S DAUGHTER SHOULD
NOT SERVE AS THE ADMINISTRATRIX
TO THE HONORABLE, THE REGISTER OF WILLS:
Amy Seaman, daughter of Marci J. Hollenback, deceased, hereby petitions the
Register of Wills of Cumberland County, Pennsylvania, requesting the issuance of a
Citation on Frank P. Hollenback, surviving spouse, to show cause why he should qualify
as the Administrator and failing that, why Letters of Administration should not be issued to
Amy Seaman, as Administratrix, and in support thereof, the Petitioner avers thE~ following:
1. Petitioner, Amy Seaman, an adult individual, whose residence is at 6250
Spring Knoll Drive, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Respondent, Frank P. Hollenback, is an adult individual and the surviving
spouse of the Decedent, Marci J. Hollenback. He is believed to currently reside at 21 Ray
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Road, Middletown, Dauphin County, Pennsylvania 17057.
3. Decedent, Marci J. Hollenback, died on January 9,2002. Petitioner believes
and therefore avers that after reasonable investigation, Marci J. Hollenback died intestate.
4. The Register of Wills of Cumberland County, Pennsylvania has jurisdiction
over this matter as Decedent was a resident of Cumberland County, Pennsylvania at the
time of her death.
5. The Decedent was survived by the following issue:
Robert Seaman, D.O.B. 5/8/1982
Amy Seaman, D.O.B. 3/5/1984
6. Since Decedent's death, no document has been produced 1for probate
in Cumberland County.
7. Since Decedent's death, no petition has been presented to the Register
seeking a grant of Letters of Administration.
8. At the time of her death, Decedent was seized and in title to certain real
estate located in the Borough ofWormleysburg, County of Cumberland, Pennsylvania and
more commonly known and numbered as 12 Campbell Place, Camp Hill, Wormleysburg
Borough, Cumberland County, Pennsylvania.
9. At the time of her death, Decedent was also the owner of certain personal
property including jewelry and furniture.
10. Since her death, Respondent has remained in possession of the real
property and personalty.
2
11. Respondent has failed to account for the personalty and has permitted the
real estate to fall into extreme disrepair.
12. Petitioner believes and therefore avers that in August, 2007, the Borough of
Wormleysburg, by and through its authorized officer, posted the real estate as unfit for
human habitation.
13. Petitioner believes and therefore avers that the real property has suffered
extensive water and mold damage requiring the removal of damaged flooring, wallboard,
ceiling materials and appliances.
14. Furthermore, Petitioner believes and therefore avers that Respondent has
failed to complete the remediation and restoration of the largest Estate asset.
15. Respondent has refused or is unwilling to serve as Administrator of the
Estate of Marci J. Hollenback.
16. Petitioner believes and therefore avers that Respondent is a person not
qualified pursuant to 20 Pa. C.S.A. Section 3156, to act as the Decedent's personal
representative for the following reasons:
a. Almost six (6) years have elapsed since the death of the Decedent
and no letters have been taken out by Respondent;
b. Respondent has permitted or caused substantial damage to the
largest estate asset and has failed to correct the same thereby
diminishing Petitioner's and her brother's share of the Estate; and
3
c. The Respondent may be liable to the Estate for waste caused or
permitted to occur to the real estate and is therefore in a possible
position of conflict with the Estate.
17. Respondent should be determined to be a person not fit to be entrusted with
the administration of the Estate pursuant to 20 Pa. C.S. S3156(3).
18. Petitioner is a member of the class entitled under intestate law to a share of
the Estate and will best administer the Estate.
19. Decedent's surviving son, Robert Seaman, has renounced in favor of
Petitioner. (A copy of Robert Seaman's Renunciation is attached hereto as Exhibit A).
WHEREFORE, Petitioner respectfully requests that the Register of W'ills issue a
Citation and direct it to Respondent, Frank P. Hollenback, to show cause why, if any he
has, he should not be disqualified from acting as the Administrator of the Estate and, failing
to do so to show cause why Letters of Administration should not be issued to Amy Seaman
as the sole Administratrix.
Date:
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VERIFICA rlON
I verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Date: / /3 lot>
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RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYL VANIA
Estate of Marci J. Hollenback
, Deceased
I Robert Seaman
,
(Prillt Name)
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
Son
administer the Estate of the Decedent and respectfully request that Letters be issued to
Amy Seaman
(Date)
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(Street Address)
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Executed ill Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this 18th day
of January ,~~)08
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(!,)t ~. ~(L/ lJru..cirL
N t ry Publ
My Commission Expires: ~4 3, dOlO
Deputy for Register of Wills
(Signature and Seal ofNolary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
A
NOTARIAl. SIAL
JENNIFER L 1CAL0NIQ(
Notary Public
crrv OF HARRlSIUIG. DAIIfININ COUNlV
Mv CommlUion EJtp/tW May 3, 2010
Form RW-06 rev, 10.13.06
EXHIBIT