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Home My WebLink About04-15-11~ ~~ : IN THE COURT OF COMMON PLEAS ESTATE OF M. ROBERT SHENK :CUMBERLAND COUNTY, PENNSYLVANIA Deceased :Orphans Court No.21-2008-01108 r~ ~ =' PETITION FOR REMOVAL OF ADMINISTRATOR --p --= AND SUBSTITUTION OF SUCCESSORADMINISTRAT~~ -sv ~ ,`-~ ~, IN ACCORDANCE WITH 20 Pa Cons Stat § 3182 ~~m ~' ` " =i ~cr~x ~ 'T' ..:~, TO THE HONORABLE, THE JUDGES OF THE COURT: ~~~; ~ ~ _ '~_~ The Petition of Leigh Ann Shenk respectfully states that: A ~ '~ cr. 1. M. Robert Shenk ("Decedent") died intestate on August 28, 2007. 2. Letters of Administration thereon were granted to the Decedent's wife, Melissa Jane Shenk ("Administrator") on November 18, 2008, by the Register of Wills of Cumberland County, Pennsylvania. 3. Petitioner is a party in interest in the Estate of the Decedent, being his daughter and an heir under the Pennsylvania Intestate Succession Law as the Decedent's surviving issue. 4. Since qualifying to serve, the Administrator has taken actions and failed to take actions, which have extended this estate administration into its third yeaz. 5. The Administrator has failed to perform the duties imposed by law. She failed to list the Decedent's three daughters as heirs on the Petition for Probate and Grant of Letters that she filed on November 10, 2008. Additionally, she has not filed the required Inheritance Tax Return and verified Inventory with the Register of Wills of Cumberland County. 6. On August 27, 2010, the Administrator filed a Pa.O.C. Rule 6.12 Status Report indicating that the administration of the Estate was complete without completing the duties of her office. 7. David B. Dowling, Esquire previously entered his appearance on behalf of the Administrator and now concurs with this Petition for Removal of Administrator and Substitution of Administrator. 8. For these reasons, Petitioner believes and therefore avers that the Administrator, Melissa Jane Shenk, has failed to perform her duties as Administrator and should be removed as Administrator of the Estate pursuant to 20 Pa. C.S.A. § 3182. 9. Petitioner qualifies as successor Administrator and is willing to complete the administration of the Estate. 10. The following Parties in Interest have consented to Petitioner being appointed Administrator upon the removal of Administrator, Melissa Jane Shenk and have renounced their right to administer the Estate: Christine Shenk and Stephanie Little. A copy of their Renunciations are attached hereto as Exhibit "A". WHEREFORE, Petitioner requests that a citation be awarded, directed to Melissa Jane Shenk to show cause why she should not be removed as Administrator of the Estate of M. Robert Shenk and Letters ofAdministration be granted to Petitioner as successor Administrator, within twenty (20) days. Date: April 14, 2011 Supred~[e Court ID# 201873 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Petitioner, Leigh Ann Shenk NAUMAN, SMITH, SHISSLER & HALL, LLP VERIFICATION I, Leigh Ann Shenk, do hereby state that the statements set forth in the foregoing Petition for Removal of Administrator and Substitution of Administrator aze true and correct to the best of my knowledge, information and belief. 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. i Shenk, Petitioner Dated: `/ ' ~~ ~ ~l _ __ -___ .__ Register of Wills Cumberland County, Pennsylvania RENUNCIATION In Re: Estate of M. Robert Shenk, deceased. No. 21-2008-01108 I, Christine M. Shenk, in my capacity/relationship as daughter of the above Decedent, hereby renounce the right to administer the estate of the Decedent and respectfully request that Letters be issued to Leigh Ann Shenk, daughter, of the above Decedent. ~j'-E~~o (S>gnature) Typed Name: Christine M. Shenk Address: 253 Snooks Hill Road Lewistown, PA 17044 Before the undersigned personally appeared the party executing this renunciation and certified that she executed the renunciation the purpos state within on this day of , 2011. MONWEA TH FPENNSYLVANIA NOTARIAL SEAL tart' u 11C LISA ADAMS, Notary Public Lewistowh Boro, Mifflin County My Commission Expires: 7) ~~1I~N ~' ~~ Expi~ruty ts, Zoia Register of Wills Cumberland County, Pennsylvania RENUNCIATION In Re: Estate of M. Robert Shenk, deceased. No. 21-2008-01108 I, Stephanie Shenk-Little, in my capacity/relationship as daughter of the above Decedent, hereby renounce the right to administer the estate of the Decedent and respectfully request that Letters be issued to Leigh Ann Shenk, daughter, of the above Decedent. } C~~~ ign e) ` Typed Name: Stephanie Shenk-Little Address: 20 North 17"' Street Camp Hill, PA 17011 Before the undersigned personally appeazed the party executing this renunciation and certified that she executed the renunciation for the purposes stated within on this c7C., day of (~ ,;D , 2011. No~ az3' My Commission Expires: COMMONWEALTH OF PEN~iSYLVANUI NotaAal Seal Cathy L Youngbbod, Notary public t.emoyne Bo% (Lmberiand County Cwnmislon ]une 22, 2014 MembK, niVNiflii M~oclaitlan of Notaries ~ ~~ : IN THE COURT OF COMMON PLEAS ESTATE OF M. ROBERT SHENK :CUMBERLAND COUNTY, PENNSYLVANIA Deceased :Orphans Court No.21-2008-01108 CERTIFICATE OF CONCURRENCE I, Suzanne S. Friday, Esquire, attorney for Petitioner, Leigh Ann Shenk, hereby certify that I have contacted David Dowling, Esquire, Counsel for Melissa Jane Shenk, in reference to the above- mentioned matter, who concurs with Petitioner's Petition for Removal of Administrator and Substitution of Successor Administrator ;' Suzanne riday, Esquire Dated: April 14, 2011 ~ ~~ : IN THE COURT OF COMMON PLEAS ESTATE OF M. ROBERT SHENK :CUMBERLAND COUNTY, PENNSYLVANIA Deceased :Orphans Court No.21-2008-01108 CERTIFICATE OF SERVICE I, Sherry A. May, Estate Paralegal for Suzanne S. Friday, Esquire,of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Petition for Removal of Administrator and Substitution of Successor Administrator" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Melissa Jane Shenk 226 Reno Avenue New Cumberland, PA 17070 David B. Dowling, Esquire Rhoads & Sinon, LLP PO Box 1146 Harrisburg, PA 17108-1146 NAUMAN, SMITH, SHISSLER & HALL, LLP By: Sherry A. ay, Estate legal to Suzanne S. Friday, Esquire Date: April 14, 2011