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HomeMy WebLinkAbout10-5571 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Amy Seaman, Administratrix for the Estate of Marci J. Hollenback 1795 Wyoming Avenue Reno, Nevada 89503 VS. Defendant(s) & Address(es) Frank P. Hollenback 21 Ray Road Middletown, PA 17057 Case No. I01- -S5*7Civil Term Civil Action - Law O a GO") PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Date : a t+? O TO: Frank P. Hollenback Print Name: John Address: 112 Val nut Street Harrisburg, PA 17101 Telephone #: 717-238-4777 Supreme Court ID Number: 23859 • • • • • WRIT OF SUMMONS A A -3. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. e1ZQ lk"Prothonotary/Clerk, Civil Division Date: S?a?o?l0 by 12 L S6 -0k Deputy 4q1. oo PA A'-r%f 011 351c( 0 .114 7.35-q SHERIFF'S OFFICE OF CUMBERLAND COUNTY f ILEt}-t"'t?CE Ronny R Anderson r- -k -)F ?OTARY Sheriff Body s smith W EP EP -9 AM 8: 43 Chief Deputy CI.jM " iLim L) CIOUM1( Richard W Stewart Solicitor PENNSymm Amy Seaman I Case Number vs. 1 2010-5571 Frank P. Hollenback SHERIFF'S RETURN OF SERVICE 08/27/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Frank P. Hollenback, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ of Summons according to law. 09/02/2010 10:45 AM - Dauphin County Return: And now September 2, 2010 at 1045 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Frank P. Hollenback by making known unto himself personally, at 21 Ray Road, Middletown, PA 17057 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Of the J&4v-r-f r -f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin :: Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff AMY SEAMAN Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS FRANK P HOLLENBACK Sheriff s Return No. 2010-T-2884 And now: SEPTEMBER 2, 2010 at 10:45:00 AM served the within WRIT OF SUMMONS upon FRANK P HOLLENBACK by personally handing to FRANK P HOLLENBACK 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 21 RAY ROAD MIDDLETOWN PA 17057 OTHER COUNTY CASE # 20105571 So Answers, Deputy: M SWEIGART Plaintiff: AMY SEAMAN Sheriffs Costs: $47.25 8/31/2010 Out Of County Cost: Sheriff of Dauphin County, Pa. Sworn to and subscribed before me this day e m Yet` D. ac?t? P OTHONOTARY DAUPHIN OUN OMMISSION F?7C,P?RES 1ST MONDAY JANUARY, 20 y? • c ? - ? ? OF V?1C3??[7rti`l j ill AUG 23 PM 4.08 cut . -0 AMY SE*MAN, Administratrix of the ESTATE IOF MARCI J. HOLLENBACK, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5571 JURY TRIAL - DEMANDED FRANK HIOLLENBACK, Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN "TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE !CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO iDO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE (ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR AN I MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF (REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 JOHN F. LYONS, ESQUIRE 112 Walnut Street Harrisburg PA 17101-1609 (717) 238-4777 - Office (717) 238-4793 - Fax AMY SE4?MAN, Administratrix of the IN THE COURT OF COMMON PLEAS ESTATE (OF MARCI J. HOLLENBACK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-5571 V. JURY TRIAL - DEMANDED FRANK HOLLENBACK, Defendant COMPLAINT AID NOW, comes Amy Seaman, Administratrix of the Estate of Marci J. Hollenback, deceased, by and through her attorney, John F. Lyons, Esquire, and respectfully requests and avers as follows: 1. Plaintiff is Amy Seaman, adult individual who currently resides at 336 West 11t' Street, Reno, Nevada 89503. 2. Defendant is Frank Hollenback, an adult individual, whose last known address is 221 Ray Road, Middletown, PA 17057. 3. Marci J. Hollenback died on or about January 8, 2002 without leaving a Will. 4. Plaintiff was duly appointed the Administratrix of the Estate of Marci J. Hollenback on August 11, 2008 by a Certificate of Grant of Letters Administration issued by the Cumberland County Register of Wills. 5. At the time of her death, Marci J. Hollenback was the owner in fee simple of certain read estate situated in the Borough of Wormleysburg, Cumberland County, Pennsylvania and more commonly known and numbered as 12 Campbell Place, Camp Hill, Pennsylvania. 6. At the time of her death, Marci J. Hollenback was married to Defendant, Frank Hollenback. 7 At the time of her death, Marci J. Hollenback was the mother and guardian of two minor chilldren from a prior marriage. 8. At the time of her death, Marci J. Hollenback resided with her husband, Defendant Frank Hollenback and her two children at the real estate referenced in paragraph 5. 9. At the time of her death, Marci J. Hollenback and Defendant continued to reside with the two children of Marci J. Hollenback at the residential real estate. 10. The children of Marci J. Holllenback reached the age of majority and left the premiseslito attend college and/or pursue their careers. 11. Plaintiff, the youngest of the children of Marci J. Hollenback, left the residence on or about August, 2006. 12. Defendant continued to reside in the residence after the death of Marci J. Hollenback and the children leaving. 13. Defendant continued his occupancy of the residence until August 2007 when the real estate was condemned and declared "uninhabitable" by the Wormleysburg Municipal authorities. 14. From the time of Marci J. Hollenback's death until he removed himself from the real estate, Defendant told the two children that their mother had left a Will and it provided for him to live] in the real estate for as long as he desired at which time it would become the children's. 15; Defendant told the children that her Will was probated and that the estate administration was being handled by a lawyer. 16 On other occasions, Defendant told the children of Marci J. Hollenback that he and their rhother had agreed that he could live in the real estate for as long as he desired and 2 that when he died or vacated the premises, it would become the children's. 17. Defendant never probated a Will or proceeded to administer the estate of his deceased spouse. 18. Defendant lived in the premises from the time of the death of Marci J. Hollenback until it Ovals vacated as a result of being condemned and declared uninhabitable in August 2007. 19. The property was condemned and declared unfit for human habitation due to leakage of water causing damage and mold and mildew infestation throughout the structure, plus the accumulation of trash and dirt and animal urine and feces. 20. The Defendant failed to discover the water leakages which caused the damage and mold4and mildew infestation throughout the premises and which along with the accumulaltion of trash, debris, animal urine and feces resulted in the premises to be condemned and declared unfit for human habitation. 21'. Defendant failed to inspect the premises or perform routine maintenance so as to maintain the structure in a reasonable condition of repair for human occupation and habitation. 22. The Defendant allowed trash and debris to accumulate in several rooms of the property and animal feces and urine to stain floors and carpeting and accumulate within the structure so as to render the premises unfit for human habitation and to cause it to be condemned. 23. Defendant occupied the premises for a period of 68 months without paying rent. 24, Defendant, by asserting to the co-heirs of the Estate of Marci J. Hollenback that her Will permitted him to occupy the property for life and/or that he and the co-heir's mother had agreed thot he could occupy the premises for life, even though false, taking possession of the asset, controlling the asset and using the asset to his own benefit, created a fiduciary relationship to the Estate and his co-heirs. 25 Defendant's possession and occupancy of the real estate as a fiduciary imposed a duty upon him of loyalty to the Estate, and his co-heirs to safeguard their interest in the real 3 estate and not to self-deal. 26. Defendant failed to properly maintain the premises in a reasonable condition. 27. Defendant allowed the premises to fall into such disrepair and such a deplorable condition that it was condemned and declared uninhabitable by governmental authorities. 28. The actions and inaction of the Defendant breached his duties owed to the co- heirs to maintain the property in a reasonable condition so as to use as a residence for human habitation and maintain its value as an estate asset. 29. Defendant's actions and inactions, including failing to inspect, repair and maintain the premises in a reasonable condition and to keep the premises free and clear of mold and; mildew and to remove and dispose of trash, debris and animal waste, caused the premises ;to deteriorate and lose substantial market value contrary to his fiduciary obligations and his obligations to maintain the premises. 30. At the time the Defendant vacated the premises, pursuant to the Condemnation Order, the premises were assessed at $114,000.00 for real estate tax purposes. 31. The Defendant did contract for the premises to be restored and work was commenced. 32. The premises were stripped to the studs throughout in the basement and first floor area ;including the removal of carpeting, flooring, drywall, cabinets, appliances and fixtures. 33. However, no further work to return the real property to a habitable condition was undertaken. 34. The Plaintiff, after reasonable investigation, determined that no Will was probated or an estate opened and administered. 35. Plaintiff duly petitioned for Letters of Administration and was approved as Administraftrix of her mother's estate. 36. The repairs necessary to restore the property to a habitable condition exceed $50,000.00. 4 37. Due to a lack of liquidity or funds, Plaintiff determined that the most reasonable cause of;action was to sell the property. 38. Plaintiff entered into an Agreement to sell the property for $57,000.00, substantially less than the fair market value of the property if it had been maintained in reasonable repair and in a habitable condition by the Defendant. 39. In addition, Plaintiff discovered that Defendant had not paid bills and expenses related to the property as follows: Excess Water bills $4,225.00 Unpaid Condominium Fees $2,144.99 Unpaid Real Estate Taxes $4,341.50 Total $10,711.49 40. Because of the actions and inactions of the Defendant, the Plaintiff and heirs of the Estate have suffered a loss of the value of the real estate in the amount of $57,000.00. 41'. In addition, the Defendant's failure to pay the condominium fees, water and sewer and real estate taxes caused a further loss of $10,711.49. 42. The Defendant occupied the premises for a period of 68 months without paying rent to the co-heirs. 43. Defendant failed to pay rent or pay the portion of rent to which the Estate and the co-heirs would have been entitled had the asset been properly managed. 44, The Defendant's failure to pay rent for the time he occupied the premises after his wife's death constitutes impermissible self-dealing. 45 The co-heirs were entitled to receive rental payments for Defendant's occupancy of real estate as 50% interest holders. 46 A reasonable rent for the premises for the period in question was $900.00 per month. 47. The Defendant failed to pay rent during the entire period he occupied the real 5 estate resulting in rent owed of $54,000.00. 48. The total damages from the Defendant's waste of the real estate and his breach of his fiduciary duties amount to $129,911.49. 49. Defendant is an heir entitled to 50% of the net distributable estate and is entitled to receive a distribution or portion of the judgment obtained. 50. Despite demand, the Defendant has failed to pay the damages caused by his neglect ahd waste of the estate asset. 14HEREFORE, Plaintiff demands judgment against Defendant for the benefit of the heirs of the Eslate of Marci J. Hollenback, Amy Seaman and Robert Seaman, in the amount of $129,911'_49 plus interest thereon and costs of suit. Respectfully Submitted, Date: August 23, 2012 s u' aintiff rn reet17101 Phone: (717) 238-4777 Fax: (717) 238-4793 Pa. I.D. No. 23859 6 VERIFICATION I, Amy Seaman, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C'S. Section 4904, relating to unsworn falsification to authorities. Date: Itq 12 -- y eaman f CERTIFICATE OF SERVICE I, John F. Lyons, Esquire, Attorney for the Plaintiff, Amy Seaman, Administratrix of the Estate of Marci J. Hollenback, deceased, hereby certify that I have on the date shown below served a',copy of the foregoing Complaint to the persons and in the manner indicated below: VIA FIRST CLASS AND CERTIFIED MAIL Frank Hollenback 221 Ray Road, Middletaw+,.PA 171 Date: August 27, 2012 / 1 JkL Shzz= J)bVn F. Lyons, qisquire- orney for Plaintiff ty y Seaman, Administratrix of the Estate of Marci J. Hollenback, Deceased