HomeMy WebLinkAbout04-09-08IN RE: ~'he Estate of IN THE COURT OF COMMON PLEAS OF
SOPHIE E. YASKO, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :Orphans' Court Division
No. - r_ ~
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CITATION
TO: John D. Yasko, Jr.
9337 Via Elegante
Wellington, Florida 33411
GREE~T'INGS
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AND NOW, this ~j~ day of April, 2008, the Register of Wills of Cwnberland
f_'oanty issues this Citation upon all interested parties to Show Cause Why Letters of
Administration. for the above decedent should not be issued to Mary Ann Marte. Your
response. if any, should be filed in her office within 20 days from the date of service of
this notice.
Anthony L. DeLuca, Esquire
] 13 Front Street
P.n. L3ox 358
F3oiling Springs. PA 17007
Glenda Farner Strasbaugh C_
Register of Wills
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IN RE: The Estate of IN THE COURT OF COMMON PLEAS OF
SOPHIE E. YASKO, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :Orphans' Court Division ~~ r: 7
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PETITION FOR CITATION TO SHOW CAUSE WHY LETTERS OF_ =~ ~ ~~
ADMINISTRATION SHOULD NOT BE GRANTED SOLELY TO _-_ -~
MARY ANN MARTE
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Mary Ann Marte files this Petition for Citation addressed to John D. Yasko. Jr. to ~`
appear and show cause, if any there be, why Letters of Administration in the Estatf: of
Sophie E. Yasko, deceased, should not be granted solely to Petitioner, Mary Ann Marte:
The Petitioner, Mary Ann Marte, is an adult individual who resides at 837 Kiehl
Drive, Lemoyne, Cumberland County, Pennsylvania and is the daughter of the decedent,
Sophie E. Yasko.
2.
The Decedent, Sophie E. Yasko, age 92, died on December 24, 2007 at Holy
Spirit Hospital, Camp Hill, Cumberland County, Pennsylvania and, at the time of her
death, resided with her daughter at 837 Kiehl Drive, Lemoyne, Cumberland County,
Pennsylvania.
3.
The said Sophie E. Yasko had resided with the Petitioner since September, 1998.
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Sophie E. Yasko, a widow, is survived by her children, Mary Ann Marte, the
Petitioner, of 837 Kiehl Drive, Lemoyne, Pennsylvania and John D. Yasko, Jr., a :;on, of
9337 Via Elegante, Wellington, Florida 33411.
5.
The 2007 year ending report of Larry B. Shoop, Plenary Guardian of the Estate of
Sophie E. Yasko filed in the Court of Cornmon Pleas, in and for Dauphin County,
Pennsylvania, Orphan's Court Division to No. 675 OC 1999 stated that funds on hand as
of December 31, 2007 was $57,988.77.
6.
The Register of Wills determines whether or not Letters of Administration will be
granted and, to whom, on the basis of statutory preferences and upon her examination of
the Petition submitted to herby the party or parties seeking Letters of Administration.
7.
Pursuant to Chapter 20 P.S. §3155 of the Probate, Estates and Fiduciaries Code
where there is no surviving spouse, Letters of Administration are granted to those vvho
are entitled under the Intestate Law and who the Register of Wills, in her discretion, shall
judge will best administer the Estate.
8.
Petitioner and her brother, John D. Yasko, Jr., have had an acrimonious
relationship for a number of years.
9.
Petitioner was the caretaker of her mother for many years while she was ill.
10.
Petitioner and her brother were involved in a Guardianship Action in the Court of
Common Pleas, in and for Dauphin County to No. 675 OC 1999 wherein she was
appointed. Plenary Guardian of the Person of Sophie Yasko and Larry B. Shoop wa.s
appointed Plenary Guardian of the Estate of Sophie E. Yasko.
11.
Mary Ann Marte is entitled to administer the Estate of her mother because her
brother resides out of state in Florida while Petitioner resides in Cumberland County,
Pennsylvania and she is familiar with her mother's estate as a result of working with the
Plenary Guardian of the Estate of Sophie E. Yasko.
12.
Section 3157 of the PEF Code states that the Register of Wills, shall have
discretion to refuse Letters of Administration to any individual not a residents of this
Commonwealth.
13.
Petitioner requests that probate be completed and Letters of Administration be
issued to her so that the estate administration maybe commenced.
WHEREFORE, Petitioner requests that Your Honorable Register of Wills issue a
Citation directed to John D. Yasko, Jr. to appear and show cause, if any there be, why
Letters of Administration in the Estate of Sophie E. Yasko, deceased, should not be
granted solely to Mary Ann Marte.
Respectfully submitted,
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Dated: ~1..~" ; °~ ~~~. 4 ~t-L~ -~ `~ `~ ~.~`-Z~.~t,, ~~' .,
Anthony L. uca, Esqu~rc ,~
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
Attorney for Petitioner
VERIFICATION
I, Mary Ann Marte, verify that the statements made in this Petition for Citation to
Show Cause Why Letters of Administration should not be Granted Solely to Mary Ann
Marte, are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A
4904, relating to unsworn falsification to authorities.
Dated: ~'~1 C;
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Mary A Marte
In Re: SOPHIE E Y ASKO, DECEASED
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0155
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 4/8/08
JUDGE'S INITIALS: GFS
TIME STAMP DATE: 4/9/08
IN RE: ClT A TION
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SERVICE TO:
ANTHONY L DELUCA
MARY ANN MARTE
JOHN D Y ASKO, JR.
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
r8J USPS
DRRR
o HAND DELIVERED
o OTHER_
r8J PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 4/9/08
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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Deputy
Clerk of Orphans' Court