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HomeMy WebLinkAbout12-03-08IN RE ESTATE OF JUNE L. HAMMOND :COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION Estate No. 21-08-0420 RESPONSE TO PETITION FOR PARTIAL DISTRIBUTION OF REAL ESTATE IN KIND DISTRIBUTION AND NOW this day of December comes, Nancy Faust and Louise McGuire, the Executrices of the Estate of June L. Hammond, by and through their attorney, Joseph D. Buckley, Esquire and respond to Petitioner's Petition as follows: 1. Admitted. 2. Denied, Petitioner is the youngest son of the Decedent, the Executrices being the daughters of the decedent, both of whom are of greater age than is Petitioner and by means of further explanation, the decede n9~ldest Vin -, ~- Thomas G. Hammond Jr resides in Newbur PA , t'~3 {-r~ ~-'~~ C, ~ :: ~~ ` ~ , . g, . w ~ . _ ~~ ~_ 3. Admitted. -v ~ o ~, ~ ' --~ ~~ ry// ~ V'Sy y [ GJ i'~T 4{'j r" 4. Admitted. '~ y ~ -• , ac> 5. Admitted. 6. Denied. The real property subject to the petition is not nor has it ever been described as "certain adjoining lots or pieces of ground" but it is and has been, one single farm described in the referenced deed as "ALL that certain messuage and tract of land situate in Hopewell Township..." A copy of the deed is attached hereto and marked Exhibit "A". ~~ 7. Denied. Because of his inability to properly handle his finances and his personal problems, Petitioner's parents provided Petitioner a free of charge place to reside. Petitioner's parents paid for the financing of a manufactured home on the property as well as additional improvements, including an improved driveway, well and septic system. It is denied that Petitioner assisted in any farming operations. 8. It is admitted that Petitioner has resided free of any charges on the property since 1985 and it is denied that Petitioner has assisted in any operations on the farm. To the contrary Petitioner has misused the farm to such an extent that the property and farm buildings were left in deplorable conditions, including, but not limited to that Petitioner permitting over 50 feral, diseased felines to inhabit the farm house. 9. Admitted in part and denied in part. It is admitted that the Estate, with the knowledge and consent of all beneficiaries, entered into an agreement for the sale of the estate's real estate. 10. Denied. The Estate has made many proposals to Petitioner relative to the property. The Estate has proposed differing subdivision proposals to Hopewell Township's Planning Commission to comply with the terms of the Decedent's Last Will and the requirements of the Township. The current proposal before the said planning commission is attached hereto and marked exhibit "B". 11. Denied. The proposal discussed by Petitioner is not before the said Planning Commission, thus it could not nor would not approve something which is not before it. The Township engineer after reviewing the current subdivision plan did issue a letter to the said planning commission advising that the plan had met the requirements of the Township's Ordinance (A copy of the letter is attached as Exhibit "C"). It is further noted that Petitioner has claimed to this Honorable Court that the Township will not be approving a proposed subdivision plan; however, the Petitioner appeared before the said planning commission at its November meeting and advised the Planning Commission that it should not approve the proposal because this Honorable Court would not be permitting the subdivision. 12. Denied as stated. The Estate cannot pay its beneficiaries and equally divide the estate without the sale of the farm, as many of the beneficiaries have expressed their individual desire to that area which Petitioner also desires and the farm cannot be equally apportioned between the beneficiaries due to its unique and differing characteristics all of which has been discussed with Petitioner. 13. Denied. Petitioner has changed his mind no less than five times during the past several months as to what he wants and the Executrices believe that Petitioner is now attempting to delay the sale of the farm for no legitimate reason and in an attempt to injure his siblings with whom he has had a long history of conflict. 14. Denied as stated. Attorney Buckley was not provided with an advance copy of any Petition, nor were the specific terms of the Petition discussed with Attorney Buckley prior to the filing except that Attorney Buckley did receive a phone call in which Petitioner's counsel said he was filing a Petition to stop the sale of the farm and to request Petitioner be granted 40 acres of the farm "in kind." WHEREFORE, Respondents, the Executrices of the Estate of June L. Hammond, request the Court deny Petitioner's request and approve the sale of the Estate's Real Estate. Respectfully submitted, Date: ~~" Z'0`~ June L. Hammond I.D. No. 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com In Re: Estate of JUNE L. HAMMOND, Deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA -ORPHANS COURT DIVISION ESTATE N0.21-08-0420 CERTIFICATE OF SERVICE I hereby certify that a copy of the Response to Petition Pursuant to 20 Pa.C.S. §3354 for Partial Distribution of Real Estate in Kind and this Certificate of Service were duly served this date by United States First-Class Mail, postage prepaid upon the following person in the above captioned matter: Date: December 3, 2008 Jonathan M. Crist, Esquire 226 West Chocolate Avenue Hershey, PA 17033-1570 ~torney for the Estate of June L. Hammond 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com EXHIBIT «A~~ r{. y ~ ..: DEED. Na 760. rristM for •sd 6old 1T fobs C. Clot Co.. IdSO ~. 14en bauan. PlUa. ' ~ E . ~ ! . ! rC~}RJFC•Lrr~CF.OF TkS i • ~ ~~~. . J~ 4 I ~~ fi l l95'>~ ~ - i ~~ ~~ MAbE this - 27th '~ . day of i January in the year nineteen .hundred and sixty~~even~(1967 ~~ is ~i$tWPPn THOMAS G. HAMMOND and JUNE. L. HAMMOND, his wife, of the j Borough of Newburg, Cumberland County, Pennsylvania, (herelna/tar called the Crantor8 ). ~ • 1 ~~ and THOMAS G. HAMMOND and JUNE L. HAMMOND, his wife,- as Tenants by the s , .~ ~ j Entireties, of .the Borough of Newburg, Cumberland County, Pennsylvania,1 ''~ - (hereina/tar called the Crantee a ), I '•~ i ~ I,, R~---------------- tt2T$$il~iPt That in eonblderation o/ ONE ($1.00) DOLLA ~ --------------~--•-----------------------------------------------Dolbra,, ~ ~~•~~ c • II i In hand pald, the receipt tohereo/ b here6r ackno~oledged, the said Grantor a do here6r grant and eonoey to the said Grantees, their /selrt.and aulgnr, ~ ' ALL that certain messuage and tract of land situate in Hopewell Township, Cumberland County, Pennsylvania, bouniied and described as follows: BEGINNING at a post on the•bank of the Conodoguinet Creek; thence by lands•now or formerly of DAVid G. Hoover North fifty-three and three-fourths (53 3/4) degrees West,•one hundred seventy-nine (179) perches.to astone; thence by lands now or formerly of r'ra. Hoover and S. E. Beams, South thirty (30} degrees• West, one hundred and twenty- seven end four-tenths (127,4) perches to a stone; thenee.by lands now or formerly of Godfrey Bricker, South fifty-nine ' and three-fourths (59 ~3/4) degrees East, twenty-nine and eight-tenths (29.8) perches to a post; thence South twenty- eight and one-half (28 1/2) degrees West, forty-one and .four- • tenths (41.4} perches to a post; thence by the. same South • thirty-eight and three-.quarter (38 3/4) degrees ERSt, one hundred and twenty-seven and six-tenths (127.6) perches to s host three (3) feet from the bank of said Creek; thence along; • the bank of said Creek North thirty-seven and one-fourth (37 1/4) degrees East, twelve (12) perches to a deed elms thence North forty-one and three-fourths (41 3/4) degrees. East, twenty-one and three-tenths (21.3) perches to a.Red Oak; thencA North thirty-six anti three-fourths (36 3~/4)riegrees Eastf seven- teen and seven-tenths (27.7) perches to an Elm; thence North thirty-nine and three-fourths (39 3/4) degrees East, seventeen (17) perches to a Red Oak; thence North forty,-four and one-half (44 1/2) degrees East, thirteen (13) perches to an Elm; thence North forty-nine,-and three-fourths (49 3/4) degrees East, twenty-two and seven-tenths (22.7) perches to a Willow Tree three- (3) feet from bank of said-Creek; thence'North forty-four and one-fourth (44 1/4) degrees West,•eight-tenths of a-perch (.8) to a post; thence North fifty-four qnd one-fourth (54 1/~~) degrees East, eight.(8) perches to .a poet; thence North Pifty. and one-half (50 1/2) degrees Esst; sixteen- (16) perches to a post; thence North forty-six and one-half (461/2) degrees East, twenty (20) perches to a post;. thence North fifty-one and three-fourths-(51 3/4) degrees Weat, one (1) parch to a post; thence North twenty-fo;,lr and three-fourths (24 3/4) degrees East, nine (9) perches to a post;.thence North forty-eight and one-ha1:f (48 1/2.) degrees East, twelve (12) perches to a post; thence North twenty-six~and one-fourth (26 1/4) degrees East, nine and five-tenths (9.5) perches to an Elm; thence North thirteen (13) degrees East, twenty-four and three-tenths (24.3) ~•erches to the place of BEGINNING. C03dTAINING One Hundred and Eighty- four (184) Acres and Three (3) perches, strict measure, more or less. ~ ~ eu~c~`~~~r.~1034 ,` . ~, i~ II'. ;~~ , ~~~ ,. it ~ . ;i~ b , !; • ~' I i!, ~ j i~: (i, I ~. j !I. I '' Ifs iii ~'• ~ ~~ . Rb.IN(3 the same real estate^which George H. Stewart and Ella J. Stewart, his wife, by their deed dated March 24, 1922, and recorded in the Office of the Kecorder of Deeds of Cumberland County in Deed Book ~ . ~ "T", Volume 20, Page 679, conveyed to Guy Hammond, also known as and ~ being one and the same person as Guy T.Hammond, deceased; and being the same real estate which waa awarded by the Orphans' Court of Cumberland County, Pennsylvania, by Decree dated January 14, 1964, to Carrie Hammond and. Thomas G. Hammond each an undivided one-half (1/2) interest, j`a copy of the said Decree being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "B", Volume- ,' 21, Page 1124-A; and which Carrie Hammond, widow, by her deed dated February 21, 1964, to be•reoorded in said Reoorder's OPfioe, conveyed her undivided one-half interest to Thomas G. Hammond,•one of the Grantor's herein. ~ ~ ~ .: THIS I3 A DES FROM HUSBAND TO HUSBAND AND WIFE- ` ~ ~ f i . i 1 i t ' 1 i I i I r i ~P ~. EXHIBIT «B~~ 3A ~ ~ ~ ~d~ ~~~ R '~ g ~ AS R I € ~ ~# ~a~~ a3 s~~ g ~ ~ ~~ g R c ~9~ ~ ~ F G~FR 33 1~~ ~9'4 ~i~ ~R ~~~ a~~ a R $ 1 ~ n.. €~ ~I I l i i I I I ~ ~ ~ ~ g~~ ~ ~ 9 ~ € g g9g Y3~ a i! ( 7 ~ '' i ~ ~Y ~~G ~ ~ ~ Eg 4 ~ g ~p ~~ ~ $~~~ ~ ~~ ~~g~ ~ R ~p~~ {rr{ ~~~ ° ~R ~~i H %~~~~ RR S Ef~~ ~ i ~~ R~ N mmm ~1 _ Z X ~ZD v-a ~' ~~ O f ~ Z r ~ ~+j ~~7 i. nA (N t q 3 3 n ~ `` 9 ~ i e ~` fo ~ §g 3 ~ °Q ~gH g °_~ ~~_ ° ~'y~k#k~b a~7a r~~'c~€'~ ~ 3~~~ 'era ~~~~~l~~~j~f~ ~~~~ ~~~'~~~~;~~E ~~~~~ ~ 1 t ~/ N ~~~ ~ 3g~~ ~~~~~~~ ~~~~~~~~~~~ ~ y 5i fi€a~ ~y~ i Z v Q Z~~°g~ Fg~ ~ ~~•~~4 $~ ~At ~~~~ t~~~ ~~~ ~ ~~ ~~ m . ~ ~ D ~g~~~ ~~~ ~~ ~~ ~f3~~~ fi ~ e ~A ~ ~ ~ ~ ~ ~tfl# ~ ~~~ ~~ 5F ~ ~i~ ~~ °bD 2 ~~ V~ ~ gt ~ ~ ~~~ Z m m N ~ ~ ~~~ tf d~ :~ ~' ~ ~ ~ ~ D ~ C ~m > o ~ ~'~ ~~ ~y~ ., ti %`, ~ ~ ~ ' a ~ ~ ~ . , -, ~~~ ~3~~ t~.~ ~~ r , ;. , ~ ~ ~ ~~ C i, ~ s~ : ~~ O z ~, ~,, a ~ ,. ~_ .~ }~ ~ V g~~ ~ ~~ S,~ s~ ~~~r~ ~t~~ ~~~~~ ~~~~i~i~i~ ~~~~~~ ~~~~ ~ ~ r= ~ ~ ~g~~ ~~ ~ ~~~~ ai~€ ® ~ ~ t~~g ~ ~~~ ~ ~ fi ~ F~ ~~~ t a a ~~ ~~~ ~~ A fo §^Sp~4"" ~` ~~g~~~~~ ~~~ ss 3 ~~~~=f~~l~~ ~~~+~§~~ ~~~~ ~~~~r~.~ ~~;g~A~A~~~~ ~~$d .fifi~ H ~~~~~,~$pxgd~ fi~~At~ $i~ ~ H ea roae w. ~~~~ ~~ a~ ~'~~~~ ~~ a ~~ ~5~ ~ ~~~~ 4x~ ~ ~Y~ ~q ~ ~_~_ ~~~ ~ ; ~' s ~ ~ ~ s au @ ~~~fiy $~~ $ ~~~3~ ~sS 9~~ 7# ~ 7a ~ ~~~&~ ~ ~ ¢ ~;~,~ i 4~b '~~ ~~ $~ n ~~~ ~~fi~~ I .~ ~s ~,~~ ~~ ~~~~ I ar ~~~~ _ ;~ ~~ L ~~ ~~ ~~~ sa s T-J67 - COVFAED .n .{~npi ~n Y ] N -~1&I $p~ P~ou.VN' ~p` ?~pw... ~. SO ~Rf y a g y€ C S r ~~ ~ a ~ ~~ Z ~ ~ ~~ ~ ~~~ sd ~~~~ ~ ~~ ~ ~~~ ~~ ~ €~ ~ ~ ~ a,, ~a~ ~ t~ ~ ~~ ~ ~~~ ~~ ~ ~ 3a~ ~Y ~ a¢ Y ~~ ~~ p =4 "d~ ,°s° °y ~"~ ~i~~ s~ xdnZ x°~~@r C',~q~~o m ~~ d. k ~~~m ~~~; c_~~~~Rns ~ ~ ~ ~~~~ g45~~ R~~~~~' X93; ~~~a ~~~ 'r^g~ 9 g ~ R'2 d h8 Sg€ ~q,q ~~ay~~~~g~ ~p = C~ 3 4'§ ~~ a `~~ ~~ ~~ ~~ a~~~~s Be0 ~'"~'w _ ~~g #~s "a ~~ i§~0 ,p ppp~~B~~ ~pff EQg N sazy~ of ~d?~, °~ as "n p ag~~ "#$ ajd~ ~~~ ~~~~~^aa ~~N ~.y'e.a ~p@~-¢ ~S P ~~,qtp ~- ~~ I I IR , ^~ F~~ [ ~3,$3 ~~~ ::~ ~~ ~ % 3~3x~~ m7 ~ ~ ` o°8Y 6 ~D D Ilm i ~ ~ l,~' ~~ "dd8~ 88~~fg~~ ~ ~ ~~ ~~ m~ i~~$~- ,~5€~ ~ e ~~~z '~ ~~ 3 EXHIBIT «C~~ CC~~ C~ BREHNl-LEBO ENGINEERING, INC. Ciz~( Ga~incea•< - P~nstueri- tiifr2x!~Xfrs - uritrttirri l:ryiiftcr..r± 17 STAI'~ AVENU)J CARL.ISI,J~~ PA r7or3-4431 PY.'0:~11?(~i7):2$:i~ii.} tAX:(717~~~i"4~i01 EA4AEL: (n•~r ntsF9~ira.net 1)nUi;1.AS s il1UiHM, P.L. S. 1'RL•SIDENT GRit;OA Y S I,F.&), P.li. ~~ V I C Li -1%R ISi IaTJ~~'1' 7'd: Hopewell Township FROM: Douglas S. Brehm, P,L.S ;~ Gregory S. Lebo, P.E. ~ s DATE: November 19, 2008 SUBJECT: June L. Hammrnld E.titate Final Subdivision Plan Revised 10-27-08 irySrn?tii;! J?'ATL.L•R-RREH A4 ;1SSCK;L;TL~S ,LQ:;. jfy8fi-f~i93} ~ ;t( ;I, ~( ~~~ ,t 11 ~~ NOV 1 9 ~p~s3 ~! ``f t,........ ~.,~.~ Our office has reviewed the plans and offers the following comments fox your consideration. The following comments are referenced to om• previous review memo dated October 22, 2008: 1. (203.1} (3,72.1.1) (302.4.14) Waivers have been submitted for filing a Pr~tuninary PIan, and the plaxl scale. Our office has reviewed the plan as a Final Pian, and recommends the plan scale waiver be acceptable due to the size of the property. The Waiver was recommended for approval by the Planning Commission. 2. (302.1.3.1) PIan size should be 18" x 24" for recorduig. 3. (302.4.3) A lot number should be provided for the residue parcel. Comment satisfactorily addressed. 4. (302.4.4) (504.2) An existing stone driveway serves proposed Lot 3 and the residue. The Township's policy regarding existing driveways has been to require hnprovements to the driveway, as per Section 504.2, if another residence is added to the existing driveway. Therefore, we recrnnxnend a note be placed on the plan stating the joint t.~se driveway wil! be improved to the specifications of Section 504.2, when and if, an additional residence is placed on the driveway, and recommend a copy of the proposed lvlainteilance Agrec>mE>nt neteci on Sheet 2 be subritted for t}te Board of Supervisor's review. C(~c+rftlxrs(x+rc~ O~f icc: a.o l~artlj 5era>7d Street C~jaLt~~CrsGurJr P.A 172oi-78x9 1'~ onu: S7:7I 267-i4or L i/ 1 `f / G V V O r 4 U L V: J O i M 8 ~ "- D G R 1' :..Mitt' Halxwell Township Novembc~x 19, 2005 Page 2 Comment satisfactorily addressed. 5. (302.4.7) At a minimum, we recommend building setback lines be shown on Sheet 2, for the residue parcel around Lct 3. Comment satisfactorily addressed. 6. (3()2.6.31 (303.6.4) T'ne Owner/subdivider is required to sign the plait. 7. (.3(}2.6.7) County Planning should review and comment regarding the submission. Comment satisfactorfly addressed. 8. {303.6.3) The plan depicts and proposes the existing on-lot sewage disposal system currently serving the residence on Lot 3, to be located on the proposed residue parcel.. A sewage disposal easement is proposed for th8 system as noted on ~hctet 2. The system was designed and permitted fn 1985, acrordiatg to the plait note. Being that it is typically undesirable for two landowners to share a septic system, and the fact that the system is over 20 years old, we recommend the Owner(s) consider ail alternative to the shared use of this system. If the plan to share the system is to be accepted by the Township, we recommend that tl,e records for the design and instaltatior, of the existing system be reviewed by the Township 5.8.0. to his satisfactfoir, and that the system be evaI,zated for ir':alfunctions and its capacity to handle another user. The Township may want to Consider D.E.1'.'s itput on this matter as we1J. We would strongly recaminend the Township and the Owner consider a separate on-lot system location fna• the future development of the residue parcel, and to incfud2 the existing septic system on lands being part ~~f Lot 3. Consideration should be given to using aNon-Building Waiver for the residue at fhfs tune, and to test and permit a system for the .residue at Ehe time a home may be plaee:d on that parcel, Comment satisfactorily addressed. 9, The 100-foot radius around the existutg septic systems should be labeled a "na well zone." Comment satisfactorily addressed. I(;IV VJ/ VUM BRAHM-T.EBO ENGINSSIZING~ INC. LL/Ly/LVUtl W1iU LV:.itl FAX ~~-+ BERT EARL Hopewell 'Township November 19, 20t?8 Page 3 'We recommend the comments noted be satisfactorily addressed prior to Final Plan Approval. Should you have any questions, please do not hesitate to contact our office, DSB/ d,c cc.: Timothy Mur•}~hy -Carl Bert & Associates file:memo-hat~ewell-han:nunxl-i 31908 I~JUU9iUUi~ I3~1:';I~1I<~~Q Bl:~~s~R~Gj ~C+. VERIFICATION The undersigned, J. Louise McGuire and Nancy E. Faust, the Executrices of the Estate of June L. Hammond, hereby certify that the statements made in the foregoing document are true and correct to the best of their knowledge, information and belief. It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 Z - I ~ ~ ~' ,~C.._ ~ G .Louise McGuire ~~ ~l ~~ -+:?,o Nancy E. ust