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Home My WebLink About10-16-08Jonathan M. Crist, Esq. 226 West Chocolate Ave. Hershey, PA 17033-1570 PH: (717) 533-6600 FX: (717) 533-8418 In Re: Estate of JUNE L COURT OF COMMON PLEAS HAMMOND, Deceased CUMBERLAND COUNTY, ~?t~ PENNSYLVANIA -ORPHANS ~'~ =~ c~ COURT DIVISION ' r~ ~-_' ~a ___ o~ ESTATE NO. 21-08-0420 ,,`=:;,;~. ~ ,, - ,, -=~ -;- ~. ~.; N PETITION PURSUANT TO 20 Pa.C.S. &3354 FOR PARTIAL DISTRIBUTION OF REAL ESTATE IN KIND 1) Your Petitioner is KENNETH R. HAMMOND who resides at 25 Covered Bridge Road, P.O. Box 81, Newburg, Cumberland County, Pennsylvania. 2) Your Petitioner is the eldest son of the Decedent, JUNE L. HAMMOND. 3) The Last Will And Testament of JUNE L. HAMMOND (DOD: 04/10!2008) ("Last Will") was duly admitted to probate by the Register of Wills of Cumberland County at No. 21-08-0420 with Letters Testamentary issued to Nancy Faust and Louise McGuire (sisters of Petitioner) as Co-Executrices of Decedent's Estate. A copy of the diapositive provisions of said Last Will are attached hereto as Exhibit "A". 4) ITEM THIRD of the Last Will states: I give and bequeath a lot of ground of not more than two acres from the farm that I own said lot being located at the area upon which my son Kenneth R. Hammond Sr has a home, to my son, Kenneth R. Hammond Sr., per stirpes. The estate shall pay all fees and expenses required for the survey, plan, and fees to complete the subdivision. 1 5) Under ITEM FOURTH of the Last Will, Petitioner is a Twenty Five (25%) percent residuary beneficiary of Decedent's Estate. 6) The real property which is the subject of this Petition comprises those certain adjoining lots or pieces of ground located in Hopewell Township, Cumberlanci County Pennsylvania as more fully described in Deed Book 22-P, Page 1034 and Deed Book 28-Q, Page 970 Cumberland County records incorporated herein by reference totaling approximately 174 acres of undeveloped farm and woodland commonly known as and hereinafter referred to as "The Hammond Farm" which property is now one of the many assets of Decedent's Estate. 7) In the Spring of 1985, at the specific request of his late father Thomas G. Hammond, Sr., Petitioner did construct (including obtaining a septic system permit far and driveway occupancy permit into) his personal residence at 25 Covered Bridge Road, P.O. Box 81, Newburg, Cumberland County, Pennsylvania on an approximate five (5) acre portion of The Hammond Farm which request was made by the said Thomas G. Hammond Sr. so that Petitioner was positioned to help oversee, manage, and assist in farming operations in and about The Hammond Farm. 8) Since 1985 Petitioner has continually resided at 25 Covered Bridge Road, P.O. Box 81, Newburg, Cumberland County, Pennsylvania and has continually since 1985 participated without just compensation in the oversight, management and farming operations in and about The Hammond Farm. 9) Upon information received it is believed and therefore averred that despite the objections of Petitioner, Decedent's Estate has entered into a contract of sale for approximately 170.63 acres of The Hammond Farm unto Melvin Smoker an unrelated third party for the purchase price of Five Hundred and Fifty Thousand ($550,000.00) Dollars. 2 10) Decedent's Estate had proposed to deed unto Petitioner in satisfaction of Item Third of the Last Will the approximate 3.36580 acre parcel designated as Lot 3 on the Lot Sketch attached hereto as Exhibit "B" -which proposed parcel does not include either the septic system nor the driveway currently serving the Petitioner's residence. 11) Upon information received Petitioner believes and therefore avers that Hopewell Township will not approve the subdivision (Lot 3 of Exhibit "B") as proposed by Decedent's Estate as it would separate ownership of the septic system and access drive from the residence served. 12) Petitioner believes and therefore avers that Decedent's Estate has sufficient cash and other liquid non real-estate assets to pay all reasonable claims, taxes and administration expenses of Decedent's Estate without necessity of sale of The Hammond Farm. 13) Petitioner has repeatedly requested Decedent's Estate to award him as a distribution in kind: (i) the five acres of the Hammond Farm comprising and surrounding his residence at 25 Covered Bridge Road, P.O. Box 81, Newburg, Cumberland County, Pennsylvania (2 acres under ITEM THIRD of the Will and Three acres as part of his residuary devise under ITEM FOURTH to include the septic system and driveway access) so that the septic system and access drive remain with his property and (ii) an additiona140 acres of The Hammond Farm as part of his proportionate distributive share of the residuary under ITEM FOURTH but Decedent's Estate has consistently refused to honor said requests (See correspondence from Joseph D. Buckley Esq. attached hereto as Exhibit "C") 14) Pursuant to Cumberland County Rule 208.2(d) the undersigned attorney sought the concurrence of Joseph D. Buckley attorney for the Estate of Ruth L. Hammond with regard to the attached Petition which concurrence was refused. WHEREFORE, Petitioner KENNETH R. HAMMOND requests this Honorable Court pursuant to 20 Pa. C.S. §3354 to issue a Citation directed to Nancy Faust and Louise McGuire as Co-Executrices of the Estate of June L. Hammond, Deceased to show cause, if any they have, why (i) the five acres of the Hammond Farm comprising and surrounding Petitioner's residence at 25 Covered Bridge Road, P.O. Box 81, Newburg, Cumberland County, Pennsylvania should not be awarded to him in kind; and (ii) why an additiona140 acres of the Hammond Farm should not also be awarded to Petitioner in kind. Respectfully Submitted, ~~ /,~ ~,- %~f DATE: ~~ ~ ~ /~j ~Z lion an M. Crist, Esq. ` ID 29936 226 W. Chocolate Ave. Hershey, PA. 17033-1570 PH: (717) 533-6600 FX: (717) 533-8418 4 ^`.'C'<:'_''r' _;-la ~~'"ICE pax ~ 124~410~ Apr 14 2008 14=46 P. 02 LAST 1lVILL AND TESfAMEM l~W Ai.i. MEN BY ~`HESF PRESENTS, that I, TUNE !:. HAMMQND, of L?enrisylvania, being of sound and disposing mind, memory and understandinci db make; publish and declare .this my Last Will and Testament, hereby revaoidng ~~ll prior . wills and codicils by me at any time heretofore made. ~iRST: I direct ttte payment of all my legal debts, funeral expenses inc:fuding my gave. marker and all expenses of my last ii#r~ess, stake, federa# estate and inheritance taxes and adrninisbratron cASts shall be paid as soon as may be conveniently done . following my ~a~ase Leaving alt specific bequests free of tax to the Jegatee. 5CCON~: I give and vbepueath to my .son, Thomas G. Hammond, lr. ariy ar.~omobile (car) that I own at the time of my deatfi and ~~ give, devise and bequeath .. the. real property.In which is reside together with improvements.thereon and the mold goods and' fuumishings therein to. my son, Thomas G. Hammond, Jr,: T#~.IRD~ t give and bequeath a lot of ground of not more than two acres from the farm °tha~t I own said lat: Ueing locabad at tl~e area upon which my son Kenneth R. Mamrnoid, Sr. has a hosx~e, t+o my son, Kenneth lz. Hammond, Sr. per stirpes: The' estate shall pay all fees and expenses required for the survey, plan and fees tia coixipie~e the subdivision .plan. ' ~~rK~Fv i_A~.~~ +~ICE Fax:12494103 Apr 14 2008 14:46 P. 03 .. a an : resi , ue oi: my estate, I give, devise and begiseat#+ to my chiadrerr Louise McGuire, Nancy Fausfi;, Thomas G. I'•lammond; Jr. and Kenneth Hammond in equal shares, share and share alike, .per stirpes. FIFTH: I nominate and appoint Nancy Faust and Louise McGuire, as Executrices af.this my Last 1fVill and Testament. If they should fail to serve or be unable to serve, khan in either of those said events, I nominate and appoint:Kenneth Hammond, Sr. and Thomas G. Hammond; Jr:, as Executors of this my last Will and .Testament. S~C'f't~i: I direct that no bond be required neilfier of any flduaary appointed tfierein nor of arty life tenant. IN V1ffTNESS WHEREGF, I, ]UNE L HAMMQND, to this my Last Will artd Testament set my hand and official seal, this 1 ~ day of August. 200fi. . SEAL) . ~ 3un .Hammond _~ 5wom do and.5ubscribed, declared and ~ . ~Pufi~'-~y ]urie L..Hammond, as :: . Her Last Witt and Testament, and so { in~~fie presence of we the 1Mrtt~esses; who sage at her request, And iri her prasence,~ and an the presence . , . pf ~ othec.~ -`~.. ~ ati `--- ~ z 3 .. _u. - ~ - ~ '~~ ~ ^ 1 --~ ~~ .--, ... - - .... ,-- c ewes' V' LJV I ~~ f ~ I :3~ e Y;t ... j ~`` ` .. ~ __ -_., 3j 'M `~+ I i S i 8~~ ~ ~a a~ J 0 ~ma o~s ~ ~!,' f,,;l ~±~ ~(~l/l~ ~ ? j Ilif I~,,, N THE LAW OFFICES OF JOSEPH D. BliCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 f?iLEF4ilJ?~iE ~.'!J?49-x:443 loeBLaw~¢~aoLcom F;','< l7 U) 349-~1 103 Kenneth Hammond ?~ Coy°ered Bride Road P.O. Box 8 \e~vbi:rg. P_-~ ,?240 July 16, ?008 Re: Estate of June L. Hammond CREP Program Dear Kenn~,~: '.<~~t «~~ek you ~ailyd my office saving that ~~ou had an idea to make money for the Estate. 1~",~u said that ~.~ou though the hay should be mowed and baled. I told you that this could not be ~aone until after : august 1 .>nd that you were to do nothing. I also instructed you to ]gave the "hay man"..~s ~-ou ;;ailed him.::ontact my office. I also said we would discuss this hu-ther durinv our scheduled rneetinQ on Fri~iav afternoon. On Friday afternoon, I again asked for the '`hay man's" name and address and you again did not provide it. You also said that he had already mowed. I a<~ain told ~~ou that you could not do this. Today i was given the "hay man's" name and address from your sister, one of the executors of the Estate. 1 called him and he said that he was told by you to start mowing and that he r as to pay you. Kenny, you are not the representative of the Estate, and as 1 had told you, ~y~ou have no authority to hire anyone to do anything on the property. The Estate agreed to have you rnow around. the house and also to mow some paths. The Estate paid you and also agreed to give you the truck and the tractors. You were also supposed to remove all your stuff from the house and also remove your cats. Please, you are to do nothing more unless you receive authority from the F,tale. Under your mother's will, you were to be granted two (2) acres of ground around your modular home. You requested that you be granted a larger piece of property. After discussions you have had w;th nay office ar_d the exticutors, the terms of the will shall be followed. ~~~-~ ~~~iii have a. surveyor on the farm and the Estate will proceed with your mother"s desires as expressed in her Last Will and Testament. As always, if you have any questions, please c;ont.act my office. Very sinc~r~ly yours, Jo h u Esquire Atto v for t e Estate of June L. Hammond JDB/clb cc: J. Louise McGuire, Executrice ~~ ~- Nancy E. Faust, Executrice ~~/~~~ ~ ~ ,~ Job M. Crik, Seq. 2Z6 Wret Choool~ts Ava Htrl~ry. PA 1?033•}39U Pli: (71'~ J33~Of} ~' (71'?) 533.!!419 In Tte: Estate ref 1LNE L ~~..~MONia, yea -~ COURT OF COMMON PLEAS CUMBER? ANb COUNTY, PENNSXLVANIA -ORPHANS COURT DivISION ESTATE NO. 2i-08-042 YERIFif'ATIpt~~ The artachod Petition Pursuant to 20 Pa.C.S. §3314 For Patna! laistribution of Real Estate Ir, Kind is based upon information which has been furnished to counsel and information which hgs been gathered by counsel irr preparation of this matter. Thr lalrguage of the Prtitlan is that of raunsel and nvt of me. I have read the petition and w the extent that the Petition is based upon information which has been given to counsel, it is tnle and correct to the beet of my knowledge, information and belief. To the cxterZt that the conterrn of the Petilaon is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the fatxs set forth in the aforesaid Petition slre made subject to the penalties of ! 8 Pa.C.S. §4904 relating to unaworn th,tsi$cation t4 author7ties. DATE: _..~,~r~/O ~ ~ ~ KEN?~'ETH R. x,~.~oND i Jonathan M. Crist, Esq. 226 West Chocolate Ave. Hershey, PA 17033-1570 PH: (717)533-6600 FX: (717) 533-8418 In Re: Estate of JUNE L HAMMOND, Deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -ORPHANS COURT DIVISION ESTATE NO. 21-08-0420 CERTIFICATE OF SERVICE AND NOW, this 16th day of October, 2008, I hereby certify that I have served a copy of the Petition Pursuant To 20 Pa. C.S. §3352 For Partial Distribution of Real F;state In Kind upon the following by depositing a true and correct copy of the same in the United States Mail, postage prepaid, at Hershey Pennsylvania addressed to: Joseph D. Buckley, Esq. 1237 Holly Pike Carlisle, PA 17013 =-~~ i ~~~ ~~ Jonat an M. Crist, Esq 2 est Chocolate Ave. Hershey, PA. 17033-1570 PH: (717) 533-6600 FX: (717) 533-8418