HomeMy WebLinkAbout09-25-09Eric J. Wiener, Esquire
I.D. No. 18046
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COURT OF COMMON PLEAS OF CUMBERLAND -~` ~ ~ ->
COUNTY, PENNSYLVANIA t=~ ~-`
ORPHANS' COURT DIVISION
ESTATE OF, KATHRYN E. RAUDABAUGH DECEASED
No. 2009-00579
PETITION FOR REMOVAL OF ADMINISTRATOR
AND NOW COMES, Cory A. Leshner, administrator of the Estate of Kathryn E.
Raudabaugh, by and through his counsel, Eric J. Wiener, Esq. and files this Petition
seeking the removal of Cory A. Leshner as administrator of the aforementioned estate;
and in support thereof avers as follows:
1. On June 22, 2009 the Register of Wills of Cumberland County issued Letters of
Administration, pendent lite, to Cory A. Leshner for the Estate of Kathryn E.
Raudabaugh pursuant to a Petition for Letters of Administration filed by Mr. Leshner on
June 19, 2009. (Attached as Exhibit A)
2. Mr. Leshner filed the Petition for Letters of Administration as an "other fit person"
under 20 Pa. C.S. §3155.
3. The Register of Wills for Cumberland County issued a Citation on June 19, 2009 to
show cause as to why Mr. Leshner should not be issued the Letters of Administration
pendent lite found in Exhibit A. The citation is attached hereto as Exhibit B.
4. There has been no response of any kind to the Citation above described.
5. On September 8, 2009 the Register of Wills of Cumberland County issued notice to
remind Mr. Leshner that a Certificate of Notice under Orphan's Court Rule 5.6 (a) was to
be filed on or before September 29, 2009. This notice is attached hereto as Exhibit C.
6. On September 10, 2009 Eric J. Wiener, Esq., counsel for Mr. Leshner, did send a
letter to the Register of Wills of Cumberland County indicating that the limited letters
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which were issued provided that Mr. Leshner could take no action on behalf of the Estate.
(See letters in Exhibit A) This letter from Mr. Wiener is attached hereto as Exhibit D.
7. On September 16, 2009, seemingly in response to Mr. Wiener's letter, the Register of
Wills of Cumberland County did issue a decree granting Mr. Leshner full Letters of
Administration, and therefore full responsibility to administer this Estate. The decree of
the Register of Wills is attached hereto as Exhibit E.
8. Mr. Leshner is an employee of the Law Offices of Eric J. Wiener, LLC and has been
continuously since September 16, 2008.
9. The Law Offices of Eric J. Wiener, LLC represents Mr. and Mrs. Light whom have
brought a cause of action against The Estate of Kathryn Raudabaugh for injuries
sustained in a car accident caused by Mrs. Raudabaugh during her lifetime. This action
has a docket number of 09-4168.
L 0. Mr. Leshner filed a Petition for Grant of Letters of Administration on June 19, 2009
as an "other fit person" solely to raise the estate for litigation purposes as the statute of
limitations on Mr. and Mrs. Light's cause of action was about to expire.
11. Mr. Leshner, as an employee of The Law Offices of Eric J. Wiener, LLC owes a duty
to Mr. and Mrs. Light as clients thereof to not engage in actions directly adverse to their
interests.
12. As administrator of The Estate of Kathryn E. Raudabaugh, Mr. Leshner would owe
the Estate a fiduciary duty to act in the best interest of the estate.
13. The above referenced duties are in conflict, and as a result both cannot be maintained
without violation of one or the other.
14. The heirs of Mrs. Raudabaugh are better situated to administer her estate than Mr.
Leshner.
As a result of the foregoing, Cory A. Leshner as administrator of The Estate of
Kathryn E. Raudabaugh, by and through his counsel, Eric J. Wiener, respectfully requests
that this Honorable Court grant this petition and remove Mr. Leshner as administrator of
the Estate of Kathryn E. Raudabaugh as a result of the obvious conflict that here exists,
and replace him with Mrs. Raudabaugh's heirs or another person as this Court may see
fit.
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Respectfully Submitted,
LAW OFFICES OF ERIC J. WIENER LLC
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Dated:
Eric J. Wiener, quire
I.D. No. 18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
ejw@ejw-law.com
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CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC,
and that I served the foregoing PETITION FOR REMOVAL OF ADMINISTRATOR
by placing a true and correct copy thereof in the United States Mail, first class postage
prepaid, addressed as follows:
CATHERINE W. DYKE
STATE FARM INSURANCE
P.O. BOX 142
CONCORDVILLE, PA 19331
HAROLD M.RAUDABAUGH
19 W YELLOWBREECHES RD
CARLISLE PA 17015
RONALD WILLIAM RAUDABAUGH
17A W YELLOWBREECHES RD
CARLISLE PA 17015
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EXHIBIT A
LETTERS OF ADMINISTRATION, PENDENT LITE
DATED 6/22/2009
EXHIBIT B
CITATION ISSUED BY CUMBERLAND COUNTY REGISTER OF WILLS
DATED 6/ 19/2009
CITATION
Office of the Register of Wills
Cumberland County, Pennsylvania
IN RE: Estate Kathryn E. Raudabaugh, aka Kathryn E. Selders, Deceased
No. 21-09-0579
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TO:
Mr. Harold M. Raudabaugh
19 W. Yellow Breeches Road
Carlisle, PA 17015
Mr. Ronald William Raudabaugh
17A W. Yellow Breeches Road
Carlisle, PA 17015
SS.
GREETINGS:
AND NOW this 19th day of June, 2009, the Register of Wills of Cumberland County issues
this citation upon the heirs of the Decedent to Show Cause, if any there be, Why Letters of
Administration should not be issued to the Petitioner, Cory Leshner, as an "other fit person," with
the Limited Letters of Administration Pendent Lite, issued on June 19, 2009, lapsing upon the grant
of Letters of Administration to the party entitled thereto.
Your response, if any, should be filed in her office within 20 days from the date of this citation.
7"his~-2" day a vx~. Q ~'~
vterk o'! the CJrphans Court ~„~~~~ '
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Glen a Farner 5trasbau h ,,~'~
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BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF KATHRYN E. RAUDABAUGH,
AKA KATHRYN E. SEEDERS, DECEASED
NO 21-2009-0579
DECREE OF THE REGISTER OF WII,LS
AND NOW, this 19th day of June, 2009, upon consideration of the foregoing Petition for Grant
of Letters of Administration filed Cory Leshner through his attorney Eric J. Wiener, Esquire:
IT IS HEREBY DECREED that Limited Letters of Administration Pendente Lite shall be
granted to Petitioner, Cory Leshner, for the Estate of Kathryn E. Raudabaugh, AKA Kathryn E.
Selders, Deceased. These Limited Letters are being granted based upon the statements of Mr. Wiener
that the Statute of Limitations for a Personal Injury Action against the Estate of the Decedent runs on
the 19th day of June 2009. The powers accompanying the Letters shall be limited to opening the Estate
for litigation purposes only. Specifically, the Limited Administrator Pendente Lite shall have no
authority to handle or distribute assets of the Estate and shall be unauthorized to represent or
compromise the Estate in any manner or regard.
IT IS FURTHER DECREED, in the interim, that a Citation shall issue upon the heirs of the
Decedent, to Show Cause, if any there be, Why Letters of Administration should not be issued to the
Petitioner, Cory Leshner, as an "other fit person," with the Limited Letters of Administration Pendente
Lite lapsing upon the grant of Letters of Administration to the party entitled thereto.
Accordingly, the Register of Wills finds that good cause exists to grant the Limited Letters to
this Petitioner.
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Glenda Farner Strasbaugh, Register o ills
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EXHIBIT C
NOTICE FROM CUMBERLAND COUNTY REGISTER OF WILLS
DATED 9/8/2009
Cumberland County - Register Of Wills
One Courthouse Square
Car 1 i s 1 e , PA 17 013 RECE/ CEO S~F
Phone: (717) 240-6345 09 ?oOQ
Date: 09/08/2009 r.~
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WIENER ERIC J ~
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RE: Estate of RAUDABAUGH KATHRYN E
File Number: 2009-00579
Dear Sir/Madam:
This notice is to serve as a reminder that the Certificate of
Notice under Rule 5.6(a) is due on the below listed date.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES,
NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on
or after July 1, 1992, the personal representative or his
councel, within ten (10) days after giving proper notice to the
beneficiaries and intestate heirs as required by subdivision
(a) of Rule 5.7, shall file with the Register of Wills or Clerk
of the Orphans' Court his/her Certification of Notice.
This filing is due by: 09/29/2009
Please feel. free to contact this office with any questions you
may have. If you have already filed your certificate, please
disregard this notice.
Sincerely,
Glenda Farner Strasbaugh ~"
Clerk of the Orphans' Court
cc: File
Personal Representative(s)
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VIA U.S. Mail
Cumberland County Register of Wills
One Courthouse Square
Carlisle, PA 17013
September 10, 2009
RE: Estate of RAUDABAUGH KATHRYN E. No. 2009-00579
To Whom It May Concern:-
Please docket this letter in the above referenced Orphans Court file. I am in receipt of your
reminder letter dated September 8, 2009 requesting the filing of a Certificate of Notice pursuant to
Orphans Court Rule 5.6(a) in the above referenced manner. I am also in receipt of the letters of
administration pendent elite which were issued in the above referenced matter on June 22, 2009.
It would seem that the specific nature of the letters pendent elite which were issued preclude
the administrator from acting on behalf of the estate in any capacity, inclusive of sending out a
certificate of notice under Orphans Court Rule 5.6(a). As such, the administrator will not be
sending out such notices as to do so would be beyond the scope of the letters issued.
As the Orphans Court Rules and the specifically issued letters pendente lite in this matter
seem to conflict, the administrator is going to err on the side of compliance with the specific
commands of the letter and take no action on behalf of the estate as he "shall be unauthorized to
represent or compromise the Estate in any manner or regard."
Please accept this letter as an explanation as to why the required Certification under Orphans
Court Rule 5.6(a) will not be filed. Should there be any questions or concerns please do not hesitate
to call. Thank you for your time and consideration.
~-~
ery Truly Yours,
Eric J. Wiener, Esq.
cc: File
Cory A. Leshner
EXHIBIT E
DECREE OF REGISTER OF WILLS OF CUMBERLAND COUNTY
DATED 9/16/2009
BEFCIRE THE REGISTER CAF ~ViLLS OF
CLJ~IBERLAND CGtTI~iTY, PENNSYL~'Ai~'3A
ESTATE OF KATHRYN E. RAUDEBAUGH,
AKA KATHRYN E. SEEDERS,
DECEASED
1~T0.21 "2009'05 / 9
DECREE OF THE REGISTER OF WII.LS
AND NG~'~', this 16`h day of Septetnher, 2009, upon consideration of the Petition for
Prat~ate and Grant of Letters filed by Cory Leshner and having received. no response to the
Citation issued on June i 9, 2009, upon the heirs of the decedent to sho~.v cause ~vhv Letters of
Administration should not Ue issued to the Petitioner, Cory Leshner, as an "other ft person,"
IT IS HERF,BY DECREED that Letters of Administration shall be granted to Cory Leshner.
Cozy Leshner shall have all the rights and duties of a rduciary under the la~n~s of
Pennsylvania and. shall proceed with the administration of this estate according to la~v,
Glenda Farner Strasbaugh, Register Wil3s
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REGISTER OF WILLS
CUMBERLAND COUNTY
PENNSYLVANIA
CERTIFICATE OF
GRANT OF LETTERS
ADMINISTRATION
No . 2009- 00579 PA No . 21- 09- 0579
Estate Of ; fG4 THRYN E RAUDABAUGH
. (First, Middle, LasU
a/k/a ; KATHRYN E SEEDERS
Late Of : DICKINSON TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Security No: 203-70-4788
WHEREAS, KATHRYN E RAUDABAUGH
(First, Middle. Lestl
a/k/a KATHRYN E SEEDERS
Late of DICKINSON TOWNSHIP CUMBERLAND COU1U'TY
died on the 13th day of January 2008 and,
WHEREAS, the grant of Letters of Administration
is required for the administration of-the estate.
THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, have
this day granted Letters of Administration to:
CORY A LESHNER
who has duty qualified as ADMINISTRATOR (RIX) of the estate
of the above named decedent and has agreed to administer the estate
according to Zaw, all of which fully appears of record in my office at
CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 16th day of September ZD09.
* *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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