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Home My WebLink About12-19-05 BEFORE THE REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYL VANIA ESTATE OF SANDRA J. McHENRY, DECEASED NO. ;')\. ('{J 0 \ <"' (\ (\ PETITION FOR CITATION 0 TO SHOW CAUSE WHY LETTERS OF ADMINISTRATION- =~~ SHOULD NOT BE GRANTED SOLELY TO REBECCA S. BAUMBACH and SUSAN E. HUGHES r"'<:'I r.:~".~ ( ~ , (.:,.....l r:'J , 1 I I ") ') ;.-) G' -:, : J ;',) "\ AND NOW, come Rebecca S. Baumbach and Susan E. Hughes (the "Petitioners"), thr~h their attorneys, James, Smith, Dietterick & Connelly, LLP, and file this Petition for Citation addressed to David Hoke to appear and show cause, if any, why letters of administration in the Estate of Sandra 1. McHenry, deceased, should not be granted solely to Petitioners, Rebecca S. Baumbach and Susan E. Hughes, and in support of such Petition aver that: 1. Sandra 1. McHenry ("Decedent") died on November 9, 2005 from complications of natural causes. An original Death Certificate is attached hereto as Exhibit "A" and made a part hereof. 2. The Decedent's estate needs to be opened in order to administer the Estate in accordance with the laws of the Commonwealth of Pennsylvania. 3. The Decedent resided by herself at 1124 Laurel Avenue, Lower Allen Township, Cumberland County, Pennsylvania. 4. The Decedent was 69 years of age, divorced, died without a Last Will and Testatment, and has three surviving issue. 5. Section 2103(1) of the Pennsylvania Probate, Estates and Fiduciaries Code provides that " . .. the entire estate if there is no surviving spouse, shall pass in the following order: (I) Issue. To the issue of the decedent." 6. Section 3155(b)(3) of the Pennsylvania Probate, Estates and Fiduciaries Code provides that "Letters of administration shall be granted by the register. .. to one or more of those hereinafter mentioned....in the following order: (3) Those entitled under the intestate law...." 7. The surviving issue of the Decedent and hislher address are as follows: Rebecca S. Baumbach c/o JSDC 134 Sipe Avenue Hummelstown, P A 17036 Susan E. Hughes c/o JSDC 134 Sipe Avenue Hummelstown, P A 17036 David Hoke #149051 ASPC - Florence North Unit P.O. Box 8000 Florence, AZ 85232 8. The Petitioners are adult individuals and have agreed to serve together as Administrators of the Estate of Sandra J. McHenry, deceased (the "Estate"). 9. On November 17, 2005, James, Smith, Dietterick & Connelly, LLP, Counsel for the Petitioners ("Counsel") contacted David Hoke, a prisoner at the Arizona State Prison Complex located in Florence, Arizona, seeking his Renunciation in favor of the Petitioners due to his incarceration and release date of July 2006. A copy of the letter sent to Mr. Hoke via facsimile on November 17,2005 is attached hereto as Exhibit "B" and made a part hereof. 10. On November 19,2005, David Hoke advised Susan E. Hughes that he would not sign the Renunciation. 11. David Hoke contacted Counsel by letter dated November 21,2005. A copy of the letter is attached hereto as Exhibit "C" and made a part hereof. 12. David Hoke avers that a Will was left by the Decedent in a safe deposit box located at Mellon Bank. 13. Counsel has contacted Citizens Bank, formerly known as Mellon Bank. Citizens Bank has indicated that no safe deposit box exists for the Decedent. 14. The Estate consists of real estate, encumbered by a mortgage, and a checking account. An accurate account of the Estate cannot be made at this point since no one can act of behalf of the Estate. 15. Petitioners believe and, therefore, aver that it is impractical to delay administration of the Estate until David Hoke is released from prison and that such delay would be detrimental to the Estate. 16. Petitioners request that probate be completed and letters of administration be issued so that the Estate administration may be commenced. WHEREFORE, Petitioners request that Your Honorable Register of Wills issue a Citation directed to David Hoke to appear and show cause, if any, why letters of administration in the Estate of Sandra J. McHenry, deceased, should not be granted solely to Rebecca S. Baumbach and Susan E. Hughes. Service for such Citation may be made by certified mail to the Post Office Box listed for David Hoke since he is incarcerated in the Arizona State Prison. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY l. ') /(5 .-- 7I~/~) Date: t..-- By: Gary L. J Attorney I ~.--- P.O. Box 65 Hershey, P A 17033 (717) 533-3280 VERIFICATION I, Susan E. Hughes, verify that the statements made in this Petition for Citation to Show Cause Why Letters of Administration Should Not Be Granted Solely to Rebecca S. Baumbach and Susan E. Hughes, are 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. ~ 4094, relating to unsworn falsification to authorities. Date: Ie) - \S. DS ~ c/ fJ--- Susan E. Hughes VERIFICATION I, Rebecca S. Baumbach, verify that the statements made in this Petition for Citation to Show Cause Why Letters of Administration Should Not Be Granted Solely to Rebecca S. Baumbach and Susan E. Hughes, are 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. 9 4094, relating to unsworn falsification to authorities. Date: \~ - IS -OS 'I ,)" "-1\ i' \ u...-, j Rebecca S. BmJ1llbac . :G,cL EXHIBIT A HI()'i_xn,'i Rr-:\' Jill:" This, is to certify that the information here given is correctly copied from an original certificate of death dUly filed with me as Loqd Regis,trar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ,\II<~(W'oTpl,i----__ ....~~<.r..,."':. ,''''''' " :.k- ~ ~_IIia." ~\. t~1 ~ \Y'~ ~ c:=o ---- -I' -_- )~~ ~c.,..)L -.f~--~' .~~ ~*\L' ',' ,"" ',' ;/*t \~ ',~,-", J~/ ....",~ ~~/ -.".---W'MENl \)\ 't-\,"," .,........","""NHIIJIJI'I'. Fee for this certificate. $6.00 P 121.32988 11-/5 - oS Date TYPE/PRINT IN PERMANENT BLACK INK 1/30-117 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (Coroner) Hl05144 Rev 1/91 1124 Laul'el SEX ,. Female SlArE filE' NUMBER SOCIAL SECuRITY NUMBER o w '" => <n "' ::; "' J McHenry ., City, BOA BIRTliPLACE (CII)' allu PLACE OF DEATH (Clioc::k ()III~ ,)lIe s..e 1115uuchuI15 011 oll'HI srtle, ~tdte(XFOfelgtlCounll)'1 HOS~~--"-- 7, Huntingdon,PA =pa"en,[] EAIOu'pa"en' [J FACILITY NA~E {II 1101 iIlShluliu/l, YIII~ slWf'1 dlld IlUml.ot;lj g'1~~dYl [J UNDER 1 DAY Houls Minutes RACE. AmerICan Indlan, 81ack, Whll~, ~lc {Spo:dyl White Highmal'k DECEDENT'S ACTUAL RESIDENCE (Seein:ilflKliol1S 00 OIhet side) WAS DECEOENT EVER IN U.S. ARMED FORCES? Yes 0 No ex MARITAL STATUS - Married Never Married, Widowed, Divorced (Speedy) Divorced 17c. ex Yes. deCed&nllilled in Lower SURVIVING SPOUSE {U wile, gllleffJaJdellllil'I'~1 N/A 17.. State 17b. Coonly Cumberland Did decedenl Iiyeina lownship? twp 17d.O :h~e:~t~~7:/::t::OI citylbofo MOTHER'S NAME (FJr:il. Middle, M(lidenSuUli:l.lllel Genevieve Wilson 11/15/05 RAL SERVIKlICENSEE ~SON ACTING AS SUCH LICENSE NUMBER ) '2b. 012165L 8 II .c only n cer1itying To the best 01 my knowledge. death QCCUffttd allhe lima, d8te and place stated physK:lan IS nolllvaila~ at lune 01 death to (Signalure <tnd Titlel cef1ify cause ot d6alh o 10, INFORMANT40AILSii~~E:S\D~'~C'YEi'i~~~'~C~'town. PA 17022 2.... PlACE OF OISPOSlllON - Nama of Cemelery, Cremalory lOCATION - CilylTown, S1ale, Zip Code Of O:hftr Place NAME AND ADORESS Of FACILITY Matinchek & 7057 LICENSE NUMBER ,... TIME OF DEATH DATE PRONOUNCED DEAD {M(J(lltl, D<ty. Yedr) 24. 3: 00 M ... November '12, 2005 27. PAR11: Enter Ihe diseaSds, injurllJS Of complications which caused Itle death. Do 001 tlnle, lhe mode 01 dymg, such as caf,JiClC Of rtlspiralOr)! aa9st, shock or heart lailu'e. U,t only one cause on each llfle e_l:Iepatic F~!llre DUE TO (OR AS A CONSCQUENCE 01-): 23b. 23c, WAS CASE REFERRED TO MEQ!(j'l EXAMINEAJCORONER1 Yes oq NoD ,.. IApproximate : interval between 1""'e'ond dealh PART II; Other signilicafll condilions conlfibuting 10 death, but not resulling III the Uftde(lyifYJ cause gwen in PART I DUE 10 (OR AS A CONSlOUENCE OF); , . ----t-=-~- DUE TO (OR AS A CONSEOUI:NCE OF) d WERE AUTOPSY FINDINGS AVAILABLE pRIOR 10 COMPLETION OF CAUSE OF DEATH? MANNER Of DEATH DATE OF INJURY (MOtIth,D'olY.'fedr) TIME OF INJURY M. 3oe. INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED Natural ~ [J [J Homicide o o 308. 3Ob. o ~~~~~~~Nt;~::~~lAt home,larm, slre8t, laCIOr)!. otlice .... Yes Yes 0 NO%.. Yes 0 21a. 28b. CERTIFieR (Check ooIy ollel 'CERTIFYING PHYSICIAN (PhYSICian cerlilYlIlg C<lU~ 01 death .....h611 anolr-wr pi,ysl(:l::rn hdS plOflOUnf,;ed death i!IKlcomple\edllelll nl To the best 01 m)! knowledge, death occurred due 10 lhe cauH(a) and manner.s slated. . No 0 AccideC\\ Pendlflg lnll8slig<Jlion Suicide 20, Could no! be d8lermioed .MEOICAL EXAMINER/CORONER On the baaia of eJllamln.Uon and/ollnyesUgatlon, In my opinion, death occurred at the time, dale, and place, and due to the c.uae(s) and manner..s\a\ed..........,............,...."... .....,..........,...., 318. REGISTRAR'S SIGNATURE AND NUMBER o >1b, UCE OATESIGN~~~u~b~~Yea14, 2005 [J 31c. :l1d. NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH (lIem27IT,peo<Prihl Michael L. Norris, Coroner ~ 6375 Basehore Road, Suite #1 ~_ Mechanicsburg, Pa. 17050 Coroner !< w o w frl o u. o w '" "' z *PROHOUNCING AND CERTIF"fINGPHVSICIAN (PtJYSlcia!1 b..:llll ()f(lflOU.ICIIIY de<llh illld certifYIng to cause or <1ealtl) To the beal or my knowledge, death occufT8d at the rime, date, IInd place, and due to the cauatlCs}and mannolr.8 stated .12 ~Id-i')t..\ I DATE FILED (Motllh, Day, Yeill) 3'. n - 5 -05 EXHIBIT B . )\\11'''\111111)111111<111,'\:(''''''111\111' 1.11 (llllll' J.S.).( November 17, 2005 Via Facsimile OnZv: 520-868-8293 ASPC - Florence North Unit David Hoke - 149051 c/o Senior Chaplin Becker P.O. Box 7000 Florence, AZ 85232 THE ESTATE SECURITY FORMULA!", RE: ESTATE OF SANDRA J. McHENRY, DECEASED Gary L. James glj@jsdc.com Dear Mr. Hoke: We are sorry to inform you that your mother passed away on November 9,2005. A copy of the death certificate is attached. We are contacting you regarding your mother's Estate. Your mother did not have a Will and thus we met with your sisters, Rebecca and Susan, to discuss the administration of your mother's estate as an intestacy. Under Pennsylvania's intestate law, all children of a decedent are beneficiaries and are entitled to serve as Administrators of the Estate. Since you are in prison, it would be easier for you to renounce as a Co-Administrator of the Estate. I have enclosed a Renunciation form and we ask that you sign and return it to us promptly so your sisters can proceed with the administration of the Estate. The Renunciation will need to be signed before a Notary Public; we understand from the prison that they provide this service to inmates. Once you have signed the Renunciation, please forward it to me at the following address: Gary L. James, Esquire J ames, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 By signing this Renunciation, you are not giving up your interest as a beneficiary of the Estate, which is one-third of the net Estate. This Renunciation simply allows Rebecca and Susan to be appointed the Co-Administratrixes of the Estate. At this point, we do not have an accurate picture of the Estate's assets and liabilities and, thus, we cannot advise what amount, if any, will be available for distribution. 134 SIPE AVENUE HUMMELSTOWN, PA 17036 MAILING ADDRESS P.O. BOX 650 HERSHEY. PA 17033 TOLL FREE 1.800.942.3660 TEL. 717.533.3280 FAX 717.533.7771 www.jsdc.com David Hoke - 149051 November 17, 2005 Page 2 If you have any questions about this proceeding, please feel free to contact me or my paralegal, Cheryl Baker. Enclosures cc: Rebecca S. Baumbach Susan E. Hughes i OS.80S REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. .' . WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 12132986 No. ~{l;,qf!w~~' 11-/5 - 05 Date #30-117 COMMONWEALTH OF PENNSVLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (Coroner) Hl05. 144 Rev. 1/91 TYPEII'RlNT IN PERMANENt BLACK INK ~ ::l III :!i ;i ,1:2. ~I~~I"'\ I SEx .. Female J UNDER 1 DAV HoUl'S Minules STATE FlU: NUMBER SOCiAl SECURITY NUMBER DATE Of DEATH IM~l!h, Oay, Ywtl .. November 9, 2005 3. 170 - 28 - 7127 BIRTHPLACE {City end PlACE OF DEAtH {Chl:lCk only one .. setllllSllucllOOli 00 Oltlt!l SM.1e) Slate Of fOfeignCounlfY) HOSPITAL: Inpatient 0 7. Huntingdon,PA ... FACILITY NAME (II no! illtiblulion, QI\It;lIllIL>ol ttnd ll\.tmllw) ~~y)O DId -.. live in. Cumberland lowA8h1p1 17d.O ::h~=:::n"::()f MOTHER'S NAME (First. Middle, Maiden 8U1name) ... Genevieve Wilson INFOR"'N14oAlLsii~~E:S(D~~C"ETl~:i~~ctl1bwn, PA 17022 _. PLACE OF DISPOSITION. Name 01 Cemetery, Cremalory LOCATlON . CiCyITOWfl, Slote, Zip Code or Other Place CITY, BOR 1124 Laurel DECEDENT'S USUAl QCcupntON (~~W:ti~~~:,:r~lf~ . 1 o. customer service lib. Hi.ghmark DECEDENT'S MAlLlNQ ADDRESS (Sllaet, CityfTown, Slale, Zip COde) DECEDENT'S ACTUAL RESIDENCE (See ImIIrucllons onOl'h8fSldel KtNDOF aUS/NESS/lNDUSTRY w.\S DECEDENT EVER IN U.S. ARMED FORCES? Vos 0 No Ell 12. 1?. State 1124 Laurel Ave. Camp Hill ,PA 17b. 11/15/05 LICENSE HUMBER 012165L RACE. AmefK:aR Indian, Black, Whtt6, f,k.- <"'-'I Whi te MARiTAl STATUS. Married Newr Ma<<iI1d. Widowed, Divorced (SpQCily) Divorced 17C.EH Yes, decedenl bvedin Lower SURVIVING SPOUSE IlJwiJe,gN81J109/de1"IOWIIO) N/A ,." ,~~ II . fiFM CREMATORY NAME AND ADDAESS OF fACllIlY Matinchek & 22c. 7057 22b. To lhe best 01 my knowledge, death occurred allhe lime, elate.net place ataled. (Signature and TifleJ '30. TIME OF DEATH DATE PRONOUNCeU DEAD (Monlh, Day, Yearl ... 3:00 P." 2.. November'12, 2005 27. PART f: Enter 1he diseaSEls, injuries or comphC8IIi0n5li1l1hich caused the death. 00 not enler the mode 01 dying, such as cardiac or respiratOl'Y arrest, 5hock or htIan lailUfe. Us1 only one cause on 8acl1l1n&. Hepatic Failure QUE 10 (OR AS ACONSEOlJENCE 01--): b. OUE TO (OR AS A CONSE~UENCE OF): DUE 10 (OR AS A CONSEOUENCE OF)' d. WERE AUlOPSY FINDINGS A'lWLABlE PFUOR 10 COMPlETION OF CAUSE OF OEPJH? MANNER OF DEATH OR"E Of INJURY (MMlh.Day, Year) ~ o o LICENSE NUMBER 23b. 23c. w.\S CASE REFERRED TO MEQ!<.jAL EXAMINER/CORONER? Yes ~ NoD ... .Approximate PART II: Other s;gnificanl COrodillons COf'Itributing to death, bul :1nt8fVaI between not resu.lting in the underlying cause given," PART I, i"- ond deB'. TIME OF INJURY Coroner INJURY 1J WQAK1 DESCRIBE HOW INJURY OCCURRED. Accklent Pending IrW8t1ti9'ltion o o .... _. o :U~~~~~~i~~:;,^l horrKt, larm. &I,..t, facto,y. ottice .... M. 30&. Natural Homicide Veo 0 NO]8.. 2", 21b. CERTIFJER (Check ooIy orle) "CERTIFYINQ PHYSICIAN (Physician cerlily;og cause 01 dealt! wOefl ana/hEll' ~iys.Cian has pi'onowlCeddaal/}and~ed IIBm 23) TON best 01 mv knowledge, d..lhoccurredc1ueto lheuu.ec.)anctnwn....r...laled......................".,.,..."......... ",,0 NoD Suicide ... Could not be delermin&d !z w a w o w a u. o w " ~ "PRONOUNCING ANO CERTIFYING PHYSICIAN (Pt1ysician botll pronoullcing death and certitying Ie) cause 01 death) ToUM beel 01 my khOWtedge, d..lnoccunedallhe lime, dale, and pL.ce, and due lotheau..(.)endmenner...lallMi...,....................., "MEDICAL EXAMINER/CORONER On the ~. of examination and/or Inve.lIgatlon, In my opinion, death occurred at the lime, date. and place. and due to the cauae(s} IU1d mannerutlUlted........,.,.........,........,."....,.......,.......,.......................,...........,....,.... , 31.. REGISTRAR'S SIGN1JURE AND NUMBER Vo, o 31b. Lie OATESIN~~~o~b~~YcaI4, 2005 o 31c. 3td. NA.ME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH (IIem27) l,peo, P,'n' Michael L. Norris, Coroner ~ 6375 Basehore Road, Suite #1 Pl3.. Mechanicsburg, Pa. 17050 DA.TE FILED (Moo,,,. Day, Yeal) .... t\- 5 -05 Register of Wills of Estate of Sandra J. McHenry also known as Cum berland County, Pennsylvania RENUNCIA TION No. 21-05- , Deceased The undersigned, David Hoke ' Son of (Relationship) (Capacity) the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to Susan E. Hughes and Rebecca S. Baumbach WITNESS my/our hand(s) this day of Sworn to or affirmed and subscribed before me 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.) Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. (Signature) ASPC - Florence North Unit ADC # 149051 P.O. Box 8000. Florence. AZ 85232 (Address) (Signature) (Address) (Signature) (Address) NOTE: Renunciations executed outside the Office of Register of Wills in some counties are required to be notarized. Form #RW-4(1991) JAMES, SMITH, DIETTERlCK & CONNELLyLLP J.S.)-( FACSIMILE TRANSMITTAL SHEET SENDER'S E-MAIL: clb@jsdc.com SENDER'S PHONE NUMBER: Cheryl L. Baker I CP 717.533.3280 EXT.# c.prtified Paralegal Re:\:)Jo.(; \-\olt...e- - B:. I L\ qc6\ SENDER'S FAX NUMBER: S SQnQn::.....) (lic\-\(.n 0717.533.2795 \(~~.\t rL.t [] 717.533.7771 DATE: \ \__ \ I \ l O::J TO: S ('. Cro.~\ \('\ DecJw- TOTAL PGS W /ca ER: s. FROM: FAX NUMBER: ~D- ~\.o~- odQ3 o Per your request Please Review AND reply 0 for your iufo The materials transmitted by this facsimile are sent by an attorney or his/her agent and are considered confidential and are intended only for the use of the individual or entity named. If the addressee is a client, these materials may also be subject to applicable privileges. If the recipient of these materials is not the addressee, be aware that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us at (717) 5333280 (collect) and return the transmitted materials to us at the above address via the U.S. postal service. We will reimburse your costs incurred in connection with this erroneous transmission and your retum of these materials. NOTES/COMMENTS: MAILING ADDRESS: P.O. BOX 650 · HERSHEY, PA 17033 STREET ADDRESS: 134 SIPE AVE. . HUMMELSTOWN, PA 17036 PHONE: 717.533.3280 . FAX: 717.533.2795 OR 717.533.7771 E-MAIL: INFO@TSDC.COM *************** -COMM. JOURNAL- ******************* DATE NOV-17-2005 ***** TIME 14:21 ******** MODE - MEMORY TRANSMISSION START-NOV-17 14:19 END=NOV-17 14:21 FILE NO.=474 STN COMM. NO. ONE-TOUCH/ STATION NAME/TEL NO. ABBR NO. PAGES DURATION 001 OK a 15208688293 005/005 00:01:45 ************************************ - - ***** - - ********* JAMES, SMITII, DIETTERICK & CoNNElly.LLP .....,. . . . FACSIMIL:E. TRANSMITTAl. SHEET DATE' \ . II l'llOS TO: S ("'. Cha~r-. &ili-v- TOTAL PGS W lea : 5 FROM: FAX NUMBER: ~D- ilQ'i?- ~.;}q3 SENDE.R.'S :E-MAIL: clb@jedc.com SENDER'S PHONE NUMBER.: Cher~l . L. Baker, CP 717.533.3280 FXf.# r.~r~,fl~d P~r~leaal Re::l::c~'d \-\ok - Ich ILl qc6\ SENDER'S FAX NUMBER: \l k & 50,nO<"<>.....}. () k...\..Ic..C"\ 0717.533.2795 O~ . 1"\.1 ~ 717.533.7771 o Per your request Please ~i=w AND reply 0 for your mfo The mar.eri2ls ~ by this facsimile Ill"e sent by an attorney or ~Iber agent and are considered coufide:DlW 2nd are intettdM only for the U$e of the individual or cnr.il:y named. If the addressee is a clie:nt, these lI12I:f:riah IIIlIY also be subject to applicable privileges. If the recipient of these mstc:riaIs is not the addressee, be awlll"e that any disse:mio2tion or copying ci this communication is stric.tIy proln'bltcd. If you have reccived this coIIlIDUIlication in mvr, please ;11'ln1...Il~tp1y notify us at (717) 533.3280 (coDect) and return the tr.msmitted matl!:rials to us at the above address -via.the u.s. postal service. We: will reimburse your costs inc:uned in conneaion with this erroneous transmission and yourteSllm of these materi2ls. NOTES/COMMENTS: MAILING ADDRESS: P.O. :BOX 650 · HERSHEY, PA 17033 STR.EET ADDRESS: 134 SIPE AVE. . HUMMELSTOWN. PA 17036 PHONE: 717_533.3280 . FAX; 717.533.2795 OR 717.533.7771 E-MAIL; INFO@ISDC COM EXHIBIT C James, Smith, Dietterick, & Connelly, L.L.P PO Box 650 Hershey, PA 17033-0650 Attn: Gary L. James Esq. November 21,2005 RE: The Estate of Sandra J. McHenry Dear Mr. James: I'm in receipt of your letter /fax dated November 17,2005. Thank you for your assistance with my mother's estate. As my sisters and yourself are well aware of my incarceration, I have to deal with the grief associated with my mothers passing in the most vial environment imaginable. Thus, I am sure my sisters and you may understand my reluctance to renounce my position as CO - Administrator. I've not had .an effectively close relationship with my sisters to give me the assurance I need to relinquish my position as CO - Administrator. In fact I would like to point out some facts you mayor may not be aware of. One, I believe there to be a Will left by my mother. It's my understanding that it was left in a safety deposit box located in the Mellon Bank in Shiremarstown P A on Simpson Ferry Rd. .I'm reluctant to give you this information, however I hope it give you better understanding of my mother's wishes. I believe I was made sole Heir Beneficiary, however 1m not sure of this as fact. I'm disappointed that my sisters wish to enact the disposition ofthe estate so quickly. I mean they had no real respect for her; they called our mother by her first name! ! ! This brings me to my next point. I wish there to be no immediate disposal or "scattering" of my mother's ashes! I'm entitled to 1/3 of them and Id like to keep them. Let me make it clear that the disposition of my mother's estate is NOT a priority for me at this time. I do understand that will not be giving up any interest in the estate. Mr. James, it's only been twelve days since my mothers passing, how about allowing me time to grieve? If I'm to give up my position as CO Administrator who exactly does it benefit or make it easier for? What exactly does it mean? Well that doesn't matter!!! I'm not giving up any position to the estate, that I'm entitled too. Secondly, just because I'm in prison I refuse to be discounted. If there are any decisions to be made I will be included in those decisions. Please understand Mr. James I'm not trying to be difficult just realistic and understood! I'm not aware of any urgency to settle this estate so quickly, which I might add gives me cause for concern as to who's interest is actually being guarded in this matter. My incarceration will not and should not have any effect on my ability to asses and make decisions effectively. I apologize if this adds to more work and a delay in the dissemination of information, but I must however; look after my interests as well! May I suggest that this matter be put aside for the duration of my sentence, which is approximately 7 months.At that time we may revisit this matter and effectively come to a mutual agreement in the settlement of our mothers estate. Again thank you for your assistance and I look forward to meeting you in the future. Regards, <=-Z ___. . . CERTIFICATE OF SERVICE I, Gary L. James, Esquire, do hereby certify that I served a true and correct copy of the Petition for Citation to Show Cause Why Letters of Administration Should Not Be Granted Solely to Rebecca S. Baumbach and Susan E. Hughes upon the following below-named individual by depositing same in the U.S. First-Class Certified, Return Receipt Requested Mail, postage pre-paid d/ at Hummelstown, Dauphin County, Pennsylvania this {#. day of December, 2005. David Hoke - 149051 ASPC-Florence North Unit P.O. Box 8000 Florence, AZ 85232 JAMES, SMITH, DIETTERICK & CONNELLY Date: {~/-/~ --- '7A't?';-- P.O. Box 650 Hershey, P A 17033 (717) 533-3280