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Home My WebLink About09-01-10BEFORE THE REGISTER OF WILLS OF nos CUMBERLAND COUNTY, PENNSYLVANIA (7 r-:a - ~ ~ C.J _. ESTATE OF JOHN THOMAS MAHONEY : `' `'~ ;~~ DECEASED NO. 21-10-783 - ~? ~'' ~`;~ :~, ~_ ~ y =' - - ~- _:; J _.. j PETITION FOR CITATION . -- ~ °~ ~~ -, 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 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. :!, ~ ~ Dated: September 1, 2010 .~ F~~~., , .1 Cortney N. oney RENUNCIATION REGISTER OF WILLS C~-~'~,~,l~..t~ COUNTY, PENNSYLVANIA ~^ Estate of ~~ +' 11~~-. Deceased I, , in my capacity/relationship as Print ame) of the ab ve Decedent, hereby renounce the right to administer the Estat f the Decedent and respectfully request that Letters be issued to (Date) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills 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 ~.30'~` day of 0?0l0 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. 10.13.06 COMMONWFJ~LTH OF PENNSYLVANIA Mo ~ ~ Joanne A. ~~~ N~tarY Publk guss4yehanrta Twp., ~e 32011 Cpmniasion M M -dtneries ~ ln~ ~~~. ~'~ ~ K 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@sasllp.com www.aaallp.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: COO p~7 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, Harrisbure Pennsvlvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP r' Y\1Y7\T ~`7 l( 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, ~y` ~ .... 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 , in my capacity/relationship as (Print Name) 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 (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 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of JOHN THOMAS MAHONEY ,Deceased I, JOHN T. MAHONEY, JR. , in my capacity/relationship as (Print Name) 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