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HomeMy WebLinkAbout05-08-08 John F. Lyons, Esquire 112 Walnut Street Harrisburg, PA 17101 (717) 238-4777 (717) 238-4793 - Fax BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: ESTATE OF MARCI J. HOLLENBACK, deceased NO. 21-07-1058 APPEAL UNDER SECTION 908 OF PROBATE, ESTATES AND FIDUCIARIES CODE FROM DECREE OF REGISTER OF WILLS AND ISSUANCE TO THE HONORABLE JUDGES OF SAID COURT: o ~~ . :-u -.0 ~~ C)O O-n c _ ::0 -u--l );> f"-.,) <::::> = co :3: :t- -< I co ):J!> ::J: o..D .. o Q:> Amy Seaman of 6250 Spring Knoll Drive, Harrisburg, Dauphin County, Pennsylvania, daughter of decedent hereby appeals pursuant to Section 908 of the Probate, Estate and Fiduciaries Code from the preliminary order granting Letters of Administration in the above estate and in support thereof avers that: 1. Decedent, Marci J. Hollenback, died on January 9, 2002, a resident of this county. 2. At the time of her death, the Decedent was survived by her spouse, Frank Hollenback. She was also survived by her two minor children from a prior marriage, Robert Seaman and Amy Seaman. a ;>)(~ 3. No Letters of Administration were taken out on behalf of the Estate of the Decedent. 4. On November 19, 2007, a Petition for Citation to Compel Administration of Estate and to Prod uce Last Will and Testament was filed by Long Meadows T ownehouses Association, Inc. ("Association") maintaining it is a party in interest asserting its status as a creditor. 5. On or about November 27,2007 a Citation was issued by the Register of Wills of Cumberland County to Frank Hollenback and "Son of Decedent" and "Daughter of Decedent" at the last known address of Frank Hollenback. 6. Petitioner believes and therefore avers that service by mail was not obtained upon Frank Hollenback. 7. Petitioner avers that neither she nor her brother received notice of the filing of the Petition or the issuance of the Citation. 8. On or about December 1, 2007 notice of the Citation was published in the Carlisle Sentinel. On December 7, 2007 the notice was also published in the Cumberland County Law Journal. 9. Petitioner, at the time of publication, was not living in the circulation area of either publication. Petitioner's brother, Robert Seaman, was not in the geographic area as he was actively serving in the United States Military, United States Coast Guard. He continues to be on active duty. 2 10. On January 17, 2008 the Register of Wills issued a Decree that upon the proper execution and filing of the probate documents, Long Meadows Townehouses Association, Inc. would issue to it. 11. Without knowledge of the Association's action, on or about March 20, 2008, Petitioner filed her Petition for a Citation to be issued upon Frank Hollenback to qualify as the Estate Administrator or failing to do so have a decree issued appointing her as the personal representative for Decedent. 12. Petitioner appeals from the January 12, 2008 Order and asserts as follows: a. She is an adult child of Decedent; b. She has a higher statutory priority pursuant to 20 Pa. C.S. 93155(b); c. She is in a better position to protect her and her brother's interests in the estate assets, including the condominium; d. That the claim of the Long Meadows Townhouses Association, Inc. is based upon its estimate of work needed to be performed to bring the townhouse back to a habitable condition, water charges and condominium fees; e. The Association's claim to the extent it can be asserted for actual expenditures is a lien against the real estate; f. There is no prejudice or harm that would accrue to the Association by permitting Petitioner to qualify as Decedent's personal representative; 3 g. Association will not have to undertake the potential obligation of initiating a lawsuit against the party or parties responsible for the waste that occurred to the asset of the Estate; h. The Association will not have to accrue the potential obligation of initiating litigation to recover possible insurance proceeds to cover the cost of remediation. 13. To the best of Appellant's knowledge, information and belief, all parties in interest are as follows: a. Frank P. Hollenback 21 Ray Road Middletown, PA 17057 b. Long Meadows Townehouses Association, Inc. c/o 16 Campbell Place Camp Hill, PA 17011 b. Edmund J. Berger, Esquire Berger Law Firm 2104 Market Street Camp Hill, PA 17011 c. USCGC Spencer Attn: SN Robert Seaman 427 Commercial Street Boston, MA 02109 4 WHEREFORE, Petitioner respectfully requests that a Citation be issued and directed to Frank Hollenback, Robert Seaman and Long Meadows Townhouses Association, Inc. to (1) show cause why the Decree of the Register of Wills dated January 17,2008 should not be vacated; (2) Why Petitioner, Amy Seaman, should not be granted Letters of Administration on the Estate of Marci J. Hollenback and that a hearing be scheduled on Petitioner's Appeal. Date: 1 &/ Za>r Jo n . Lyo , quire A ney for Petitioner 2 Walnut Street Harrisburg, PA 17101 (717) 238-4777 (717) 238-4793 - Fax Pa. 1.0. No. 23859 5 I ~ I Ii 0 VERIFICA TJON J verify that 1he statements made in this Appeal Under Section 908 of Probate, tales and Fiduciaries Code from Preliminary Order of Register of Wills and $uance are true and correct. I understand that false statements herein are made subject o the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dat~: .5/5/ b8 ~~ ~ A eaman ,1 1 I I 1 I CERTIFICATE OF SERVICE I, John F. Lyons, Esquire, attorney for the Petitioner, hereby certify that I have on the date shown below served a copy of the foregoing Appeal Under Section 908 of Probate, Estates and Fiduciaries Code from Decree of Register of Wills and Issuance upon the following persons and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Long Meadows Townhouses Association, Inc. clo Edmund 'Tad' Berger, Esquire Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Frank P. Hollenback 21 Ray Road Middletown, PA 17057 USCGC Spencer Attn: SN Robert Seaman 427 Commercial Street Boston, MA 02109 Date: M4':1-B I ZOt.g U