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HomeMy WebLinkAbout08-05-11t 7 BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Virginia Eidenschink, Deceased No. ~~~ of 2011 PETITION FOR CITATION TO COMPEL ADMINISTRATION OF ESTATE AND TO PRODUCE LAST WILL AND TESTAMENT c~ ~ . _-„ c~ ~ _ ~;-, -s ~ ~ .- ,..~ ~: _; ,~;T __ _ , , ; -::-. ~ . ~: ~~> --- ._ -~ ::~ ~~ --- --- ~_ The petition of Long Meadows Townehouses Association, Inc. ("Petitioner") respectfully states that: 1. Virginia Eidenschink ("decedent") died intestate on an unknown date, a resident of Cumberland County, Pennsylvania residing at 8 Campbell Place, Camp Hill, PA 17011. 2. Decedent was survived by her son, Joshua Eidenschink, an adult individual with a mailing address of 8 Campbell Place, Camp Hill, PA 17011, and by her son Nicholas Eidenschink with a mailing address of 6330 Antilles Court, Mechanicsburg, PA 17050. 3. Petitioner does not know whether there are any other survivors of decedent. 4. At the time of her death, Decedent owned real property located at 8 Campbell Place, Camp Hill, PA 17011, a condominium subject to the Declaration of Long Meadows Townehouses Association and the Rules and Regulations of such Association. ~~~ 5. Since her death, Decedent's son, Joshua Eidenschink, has resided at the property at 8 Campbell Place but has failed to pay homeowners' association assessments on such property. Consequently, Petitioner has become a creditor of decedent's estate in the amount of $2,200.00 plus attorney's fees, interest and costs. 6. Petitioner, Long Meadows Townehouses Association has an address of 16 Campbell Place, Camp Hill, PA 17011 and, as noted above, is a creditor of decedent's estate. 7. Neither decedent's son or any other survivors have petitioned for the grant of Letters Testamentary or of Administration on decedent's estate t:o the best of Petitioner's knowledge, and Petitioner believes that making such a request to Decedent's son would be futile because Petitioner has sent several letters requesting payment of outstanding assessments and has received no payment, although a recent Certified Mail has been received by him. 8. Petitioner has no information regarding whether decedent had a will and therefore petitions the Court to require Joshua Eidenschink to produce the last will and testament of Virginia Eidenschink to the Register of Wills if such exists. 2 WHEREFORE, Petitioner respectfully requests that a citation be awarded, directed to Joshua Eidenschink, to (1) show cause why he should not apply for Letters Testamentary or of Administration on the Estate of Virginia Eidenschink, deceased, or in the alternative, to show cause why such letters should riot be granted to Petitioner, and (2) require Joshua Eidenschink to produce the last will and testament of Virginia Eidenschink to the Register of Wills of Cumberland County if such will exists. ~` Resp/'ec y ~submitte ~~. 1/i/ ~: i ~/r Edmund J. Berger '__ .~> Attorney for Petitioner Attorney I . D. # 53407 BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net. Date: August 2, 2011 3 VERIFICATION I, James Strupe, verify that I am the President of Long Meadows Townehouses Association, Inc., and that the statements made in this Petition for Citation to Compel Administration and To Produce Last Will and Testament are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~ 2 7 ~ --- Date es S pe