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Home My WebLink About11-12-10IN RE: THE ESTATE OF DOMINICK C. IN THE COURT OF COMMON PLEAS OF SABELLA CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-10-0496 ANSWER TO PETITION TO REQUEST A COURT ORDER FOR PERMISSION TO RESIDE AT 5219 STUART DRIVE WHILE STAY OF EXECUTION IS PENDING AND NOW, comes Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, by and through her attorneys, Butler Law Firm, and files this Answer to Petition to Request a Court Order for Permission to Reside at 5219 Stuart Drive While Stay of Execution is Pending filed by Michael Sabella and in support thereof avers the following: ~ p -~ `~ ~ ~,::r --, ^~ ,~•~v ~ O BACKGROUND `'~ci - ,~ ,~ A. Respondant, Linda E. Zisman, the Executrix of the Estate of Do~i~ck C. _. - -== = ~' ~ ~; o Sabella, is an adult individual residing at 1047 Custan Drive, Harrisburg, Pennsylvania 17L1~ B. Petitioner, Decedent's son, is an adult individual residing at 128 East Azalea Drive, Building 22, Harrisburg, Pennsylvania 17110-3587. C. Marian S. Sabella, Petitioner's wife, is an adult individual residing at 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. D. Dominick C. Sabella died testate on May 2, 2010, a resident of Cumberland County, Pennsylvania. E. On or about May 13, 2010, The Register of Wills of Cumberland County ~` admitted to probate the last will and codicil of Dominick C. Sabella, dated March 12, 2003, and April 18, 2005, respectively to No. 2010-0496 and issued a Certificate of Grant of Letters to Linda E. Zisman, who duly qualified as Executrix of the Estate of Dominick C. Sabella. F. The Estate of the Dominick C. Sabella is the owner of the real property known as 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter sometimes referred to as the "Stuart Drive residence") G. The last will and testament and codicil of Dominick C. Sabella provides that if his son, Petitioner Michael Sabella, is incarcerated at the time of his death, he will not receive ownership of the Stuart Drive residence. Rather, the Executrix of his Estate is directed to sell said residence and distribute a portion of the proceeds to Michael Sabella. H. Petitioner, Michael Sabella was incarcerated at the time of his father's death. Petitioner was later released from jail in or about July/August, 2010. I. Marian S. Sabella, Petitioner's wife, resides at the Stuart Drive residence without the permission of the Estate. J. There is no lease agreement between the Estate and Michael Sabella or Marian S. Sabella. K. Despite numerous requests to vacate the Stuart Drive residence, Marian S. Sabella has failed and refused to do so. L. On or about July 13, 2010, Respondent filed alandlord/tenant complaint against Marion S. Sabella with District Justice Charles A. Clement, Jr., to docket number LT-394-10 for possession of the Stuart Drive residence owned by Decedent's Estate. M. On or about August 3, 2010, District Justice Clement entered judgment for possession and judgment for money damages in the amount of $117.50 in favor of the Respondent, Executrix of Decedent's Estate. N. On or about August 12, 2010, Marian S. Sabella filed a Notice of Appeal from District Justice Judgment in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 10-5285. O. Respondent filed a Complaint against Marian S. Sabella for possession of the Stuart Drive residence and money damages pursuant to the District Justice judgment and served said Complaint upon Marian S. Sabella by regular mail on September 28, 2010. P. On October 18, 2010, Respondent served a Ten Day Notice upon Marian S. Sabella by regular mail. Marian S. Sabella did not file a response to Respondent's Complaint. Judgment for possession and money damages by default was entered on November 4, 2010. Q. On or about August 25, 2010, Petitioner filed a Motion to Contest the Executrixes' Interpretation of the Will to Docket No. 2010-00496. R. By Order dated September 22, 2010, President Judge Kevin A. Hess scheduled a hearing on Petitioner's Motion to Contest the Executrixes' Interpretation of the Will for Thursday, January 13, 2011. S. On or about October 6, 2010, Petitioner filed a Motion for Stay of Execution of Eviction Pending Appeal and January 13, 2011, Hearing on Contest of the Executrix's Interpretation of the Will. Subsequently, on or about October 27, 2010, Petitioner filed the instant Petition. T. Linda E. Zisman, Executrix of the Estate of Dominick C. Sabena, intends to have the Stuart Drive residence cleaned and listed for sale, but any agreements of sale entered into prior to the hearing on Petitioner's Motion to Contest the Executrixes' Interpretation of the Will scheduled for Thursday, January 13, 2011, will be subject to the condition that Petitioner's Motion is denied. ANSWER TO PETITION 1. Denied. Petitioner is not the sole heir, but rather he is entitled only to a portion of the proceeds under Decedent's last will and codicil. 2. Denied. Respondent is without sufficient information and knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, strict proof thereof is demanded. Further, the allegations, even if true, are completely irrelevant. 3. Denied. To the contrary, Marian S. Sabena has been residing at the Stuart Drive residence without the permission of the Estate since Decedent's death. Respondent is without sufficient information and knowledge to form a belief as to the truth of the remaining allegations made in this paragraph. As such, strict proof thereof is demanded. Further, said allegations, even if true, are completely irrelevant. 4. Denied. It is specifically denied that Linda E. Zisman in her capacity as Executrix of the Estate, or otherwise, has done anything improper or illegal. To the contrary, Linda E. Zisman has been diligently trying to fulfill all of her fiduciary responsibilities as Executrix of the Estate, including the sale of the Stuart Drive residence as directed by Decedent's last will and codicil, but has been thwarted by the actions of Petitioner and his wife. Denied. Respondent is without sufficient information and knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, strict proof thereof is demanded. Further, the allegations, even if true, are completely irrelevant. 6. Denied. The document speaks for itself. Further, the last will and codicil of Decedent also speaks for itself. 7. Denied. It is specifically denied that Linda E. Zisman in her capacity as Executrix of the Estate, or otherwise, has done anything improper or illegal. To the contrary, Linda E. Zisman has been diligently trying to fulfill all of her fiduciary responsibilities as Executrix of the Estate, including the sale of the Stuart Drive residence as directed by Decedent's last will and codicil, but has been thwarted by the actions of Petitioner and his wife. WHEREFORE, Respondent, Linda E. Zisman, Executrix of the Estate of Dominick C. Sabena respectfully requests this Honorable Court to dismiss Petitioner's Petition to Request a Court Order for Permission to Reside at 5219 Stuart Drive While Stay of Execution is Pending and grant all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorney for Respondent By: 0~ '' Ronald D. Butler, Esquire I.D. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 NOV. 9.2010 2; 33PM 7172361177 VERIFICATXON N0.855 P. 13 I, Linda E. Zisroan, Executrix of the Estate of Dominick C. SabeIla, Plaintiff, hereby certify that the facts set forth in the foregoing Answer to Petition to Request a Court Order for Permission to Reside at'S219 Stuart Drive While Stay of Execution is Pending aze true aiid cozrect according to the best of my laiowledge, infoz~rzation acid belief. I understand that any false statennents herein are made subject to penalties of l8 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~e c u`~~r n a . Z an, Executrix Dated: / ~ . 9 , ~ D IN RE: THE ESTATE OF DOMINICK C SABELLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-10-0496 CERTIFICATE OF SERVICE I, Ronald D. Butler, Esquire, hereby certify that on the ~ O~ day of November, 2010, I served a true and correct copy of the foregoing Answer to Petition to Request a Court Order for Permission to Reside at 5219 Stuart Drive While Stay of Execution is Pending by depositing same in the United States Mail, postage prepaid, certified mail, return receipt requested in Harrisburg, Pennsylvania, addressed as follows: Michael Sabella 128 East Azalea Drive Building 22 Harrisburg, PA 17110-3587 iv~~ Ronald D. Butler, Esquire Attorney for Respondent LD. #09826 500 North Third Street, 12t~' Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485