HomeMy WebLinkAbout10-06-11
IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF HELEN LOUISE MANN
Deceased
NO. U~'- l I ~ ~t~f
PETITION FOR CITATION TO SHOW CAUSE WHY
ADMINISTRATOR SHOULD NOT BE APPOINTED
OR IN THE ALTERNATIVE, WHY EXECUTRIX SHOULD
NOT BE REMOVED
TO THE REGISTER OF WILLS:
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Gregory E. Mann petitions this Court for entry of an Order granting Letters of
Administration be issued to Gregory E. Mann as provided in 20 Pa. C.S.A. §3155(b), or in the
alternative, to remove Executrix from her duties as provided in 20 Pa. C.S.A. §3182(1), and in
support thereof respectfully represents that:
1. Decedent, Helen Louise Mann, died on March 10, 2009, as a resident of
Cumberland County, Pennsylvania.
2. Decedent was survived by three (3) children (her spouse has predeceased her) as
follows:
Holly Louise Ritchey
Barry Allen Mann
Gregory Elliott Mann
3. Despite decedent's death occurring over thirty (30) months ago, no estate has
been established with the Register of Wills, Cumberland County, Pennsylvania.
4. Petitioner is unaware whether decedent had a Last Will and Testament.
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5. Petitioner has tried to obtain this information from his sister, Holly L. Ritchey,
who was their mother's local cazetaker prior to death, but she has refused to provide this
information.
6. Petitioner has further informed his sister that he would be willing to serve as
Administrator or Executor; however, she informed Petitioner that she was opposed to Petitioner
or her other brother taking on these duties.
7. Petitioner believes there aze significant assets in the estate (between $400,000.00
and $500,000.00), but cannot obtain verification of this information from his sister.
8. Assets believed to comprise the estate aze as follows:
Real property;
Bank accounts/investments;
Household possessions; and
Life insurance.
9. If a Will exists and appoints Holly L. Ritchey as Executrix, Petitioner submits that
she has flagrantly disregazded her fiduciary duties including, but not limited to: no estate having
been opened, no inventory being filed, lack of any communications regarding location of bank
accounts and/or investments, no communication regarding what happened to any funds in these
accounts, no inheritance taxes being paid on a timely basis, and no distributions to any
beneficiaries.
10. If Holly L. Ritchey is the named Executrix, she had a duty to take possession of
decedent's estate and to administer it in such a way as to preserve and protect estate assets for
distribution to the beneficiaries within a reasonable amount of time. In re Kurkowski's Estate
487 Pa. 295, 409 A.2d 357 (1979).
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11. If Holly L. Ritchey is not the named the Executrix, she should be required to
communicate who is the named Executor/Executrix to allow administration of the estate.
12. If no Last Will and Testament exists, Petitioner desires to be appointed as
Administrator to properly administer his mother's estate under the intestacy laws of
Pennsylvania.
13. Petitioner is unaware of his brother's position regazding Petitioner's request of
this Court.
WHEREFORE, Petitioner requests that Holly L. Ritchey be ordered to appear and show
cause why she should not be removed as Executrix if she was named in Decedent's Will to act in
this capacity, or in the alternative, that Holly L. Ritchey or Barry A. Mann be ordered to appear
and show cause why Gregory E. Mann should not be appointed Administrator of the Estate of
Helen Louise Mann.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: By. ~ /4 ~'~G
t;raig A{~iehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Fax: (717) 763-8293
Attorney for Petitioner
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VERIFICATION
I, Gregory E. Mann, Petitioner above-named, being duly sworn according to law, deposes
that the facts set forth in the foregoing Petition for Citation are true and correct to the best of my
knowledge, information, and belief. The undersigned understands that the statements made
therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Date: 2 Zoi/ .
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