HomeMy WebLinkAbout09-02-10 (2)BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA ~~,
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ESTATE OF JOHN THOMAS MAHONEY : ` .~ ~ ~~
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DECEASED NO. 21-10-783 ~-~_ ~~ t
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PETITION FOR CITATION
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AND NOW comes CORTNEY N. MAHONEY by and through her counsel, Heather D.
Royer, Esquire, of the law firm of Smigel, Anderson & Sacks, LLP, and makes the following
averments and representations:
1. The decedent is John Thomas Mahoney who died July 23, 2010, and was a
resident of Cumberland County, Pennsylvania.
2. Deborah K. Mahoney is the estranged wife of the decedent.
3. Prior to decedent's death, Decedent initiated a divorce action on September 3,
2009, which was docketed to No. 09-6048.
4. Upon expiration of the (90) day waiting period pursuant to 23 Pa.C.S.A.
§3301(c), both the Decedent and Deborah K. Mahoney executed Affidavits of Consent and
Waivers of Notice; however, the Affidavits and Waivers were not filed with the Court prior to
Decedent's death.
5. Kristine M. Mahoney is the daughter of the decedent.
6. Cortney N. Mahoney is the daughter of the decedent.
7. John Thomas Mahoney, Jr. is the son of the decedent.
8. To the best of Petitioner's knowledge, information and belief, decedent died
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intestate.
9. According to 20 Pa.C.S.A §3155(b)(2), Deborah K. Mahoney, as the surviving
spouse of the decedent, has priority to administer the Estate.
10. According to 20 Pa.C.S.A. §3155(b)(3), Kristine M. Mahoney, Cortney N.
Mahoney and John Thomas Mahoney, Jr., children of the Decedent and his intestate heirs, have
secondary priority to administer the Estate.
11. Kristine M. Mahoney has executed a Renunciation in favor of Cortney N.
Mahoney. A true and correct copy of said Renunciation is attached hereto as Exhibit "1 ".
12. Petitioner believes and therefore avers that Deborah K. Mahoney and John
Thomas Mahoney, Jr. have both verbally indicated to Kristine M. Mahoney their desire not to
administer the estate.
13. Petitioner, through her counsel, attempted to communicate with Deborah K.
Mahoney and John Thomas Mahoney, Jr. by letter dated August 19, 2010, requesting that they
discuss their options as to the administration of this Estate. A true and correct copy of said
correspondence is attached hereto as Exhibit " 2".
14. Petitioner, through her counsel, attempted to communicate with Deborah K.
Mahoney and John Thomas Mahoney, Jr. by telephone without success.
15. Deborah K. Mahoney did try to reach the undersigned counsel by telephone on
August 27, 2010 when said counsel was on vacation. The undersigned counsel promptly
telephoned Deborah K. Mahoney on August 30, 2010 and September 1, 2010, and left a detailed
voicemail message with each attempt, but to date, the undersigned counsel has not received a
return telephone call.
16. John Thomas Mahoney, Jr. as never attempted to communicate with the
undersigned counsel regarding this matter.
17. Cortney N. Mahoney has offered to solely administer this Estate, and is ready and
willing to serve.
18. Deborah K. Mahoney and John Thomas Mahoney, Jr. have refused to administer
this Estate, and further have failed to either participate in the administration of this estate or to
renounce their right to administer this Estate in favor of Cortney N. Mahoney.
19. As a result of the inaction of Deborah K. Mahoney and John Thomas Mahoney,
Jr., Petitioner is unable to (A) retrieve all of the Decedent's personal belongings which are in the
possession of the Coroner of Cumberland County; (B) investigate the existence of any assets and
liabilities of the Decedent; (C) properly handle the Decedent's final affairs; and (D) initiate and
finalize the estate administration.
Wherefore, Petitioner prays this Honorable Court to issue a Citation to Deborah K.
Mahoney and John Thomas Mahoney, Jr. to show cause why such letters should not be granted to
Cortney N. Mahoney.
SMIGEL, ANDERSON & SACKS, LLP
Dated: September ~ , 2010 By.
Heat er D. Royer, Esquire
Attorney I.D. 76327
4431 N. Front Street, 3rd Floor
Harrisburg, PA 17110
(717)234-2401
Attorney for Petitioner
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
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Dated: September 1, 2010 Y ~ ~'~.,(- ~~ r , .
Cortney N. oney
RENUNCIATION
(' ~ REGISTER OF WILLS
~-"-~'~;"'O ~.1~ COUNTY, PENNSYLVANIA
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Estate of - 1n._.
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Deceased
- , m my capacity/relationship as
Print ame)
of the ab ve Decedent, hereby renounce the right to
administer the Estat the Decedent and respectfully request that Letters be issued to
(Date)
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Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
day
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this ~0'~'` day
of o?0(0
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No ry Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
COMMONWEALTH OF PENNSYWANIA
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SMIGEL, ANDERSON
& SACKS LLP
ATTORNEYS AT LAW
HEATHER D. ROPER, ESQUIRE
PHONE: (717) 234-2401
TOLL FREE: 1-800-822-9757
FACSIMILE (717) 234-3611
EMAIL: hroyer(r~saallp.com
www.saallp.com
File No.
August 19, 2010
Deborah Mahoney
1952A Fry Loop
Carlisle, PA 17013
John Mahoney, Jr.
1952A Fry Loop
Carlisle, PA 17013
Re: Estate of John Thomas Mahoney
Dear Mrs. Mahoney and Mr. Mahoney:
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Please accept our condolences on the loss of John Thomas Mahoney.
Please be advised that this office represents Cortney Mahoney and Kristine Mahoney. Cortney
and Kristine would like to have their father's estate promptly administered.
As the surviving spouse of John Thomas Mahoney, Mrs. Mahoney has the priority to administer
the estate. I understand that you have been contacted on multiple occasions by Kristine and have
indicated an unwillingness and/or lack of desire to take on the estate administration responsibility.
Likewise I have been informed that John Thomas Mahoney, Jr. has been notified by Kristine that the
surviving children of Mr. Mahoney have secondary priority to administer his estate. I understand that
John Thomas Mahoney, Jr. has also indicated an unwillingness and/or lack of desire to accept the
responsibility to administer the estate.
Please be advised that Kristine Mahoney has agreed to renounce her right to administer the estate
in favor of Cortney Mahoney. Cortney Mahoney is willing to accept the responsibility of administering
her father's estate.
In the hopes of resolving this matter amicably without involving the Cumberland County
Register of Wills, I am enclosing a Renunciation for each of you to sign. This document indicates that
you are renouncing your right to administer the estate in favor of Cortney Mahoney. You will note that
the Renunciation MUST BE NOTARIZED, and I have enclosed aself-addressed postage prepaid
4431 North Front Street Harrisbur Penns lvania 17110
A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP
YY YlIh1:I1- ~~ 7 1(
Deborah Mahoney
John Thomas Mahoney, Jr.
August 19, 2010
Page 2
envelope for you to return the Renunciation. If you provide me with a receipt for any notary fees you
incur, the estate will promptly reimburse you for the same.
I am happy to answer any questions you have regarding the Renunciation or the administration
of the estate. If, however, I do not receive your signed Renunciation within 10 days from the date of
this letter, I will have no alternative but to file a Petition for Citation with the Cumberland County
Register of Wills in order to move the estate administration forward.
I assure you that I will be assisting Cortney with the administration of the estate to ensure that it
is done in compliance with Pennsylvania law. We will provide you with periodic updates regarding the
status of the estate administration and respond to any requests for information you may have. From
what I understand, Mr. Mahoney died with very few assets and a greater amount of bills and debts that
must be paid. I do not anticipate that there will be any remaining estate funds to pay to the intestate
heirs of the estate; however, if there is, I will be sure to notify you accordingly.
For your information, a substantial part of my practice is in the estate planning and
administration area. I work closely with Cortney Mahoney in the estate administration area, and I am
confident that she is the best person to handle the legal and financial responsibilities of administering
Mr. Mahoney's estate.
I look forward to hearing from you. If you have any questions or concerns regarding this letter,
please do not hesitate to contact me.
Very truly yours,
.,~`
,____.~
.....
Heather D. Royer
HDR:tmc
Enclosures
cc: Cortney Mahoney
Kristine Mahoney
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of JOHN THOMAS MAHONEY
Deceased
I, DEBORAH MAHONEY
(Print Name) , in my capacity/relationship as
SPOUSE of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
CORTNEY N. MAHONEY
(Dare)
Executed in Register's Office
(Signature)
(Street Address)
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev. /0.13.06
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of JOHN THOMAS MAHONEY
Deceased
I, JOHN T. MAHONEY, JR.
(Print Name) , in my capacity/relationship as
SON of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
CORTNEY N. MAHONEY
(Date)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
(Signature)
(Street Address)
(City, State, Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev. /0.13.06