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Response to Citation and Order to Show Cause
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Office of the Register of Wills
Cumberland County, Pennsylvania
In RE: The Estate of Sandra J. McHenry Deceased
No. 21-05-01090
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The Honorable Glenda Farner Strasbaugh
Register of Wills
And Now, Comes Respondent David R. Hoke, In the Matter of The Estate of
Sandra J. McHenry, Deceased and Co-Administrators Petition to Show Cause.
On December 28, 2005 the above named Respondent and Co-Benefactor of the
above named Estate received a Petition from the Co-Administrators to Show Cause as to
why they should not be named as Sole Administrators in the above named Estate.
On November 17,2005 The Law Offices of James, Smith, Dietterick, & Connelly
L.L.P whom represent the Respondents sisters, Rebecca Baumback and Susan Hughes,
also Co-Administrators of the above named Estate, sent Respondent Hoke a letter
requesting that he Renounce his position as CowAdministrator of his mother Estate.
The only reason citied in this request as well as this petition is that" it would be
easier to administer the estate since he was incarcerated". At no point except for the
Petition does Counsel imply that not doing so is or could be" Detrimental" to this Estate.
Counsel falls short in defining exactly why it is not beneficial and why it is
detrimental should Respondent Hoke remain as a Co-Administrator.
It simply is not enough to imply that Respondent Hokes incarceration is the only
alleged impeding factor in administering the Estate.
In fact, Counsel stated in his petition that it is " Impractical" for Mr. Hoke to remain
as Co- Administrator, however in any of the statements has not produced a single valid
claim to Respondent Hokes ability to adequately conduct the essential business of
administering this Estate.
Respondent's position is and remains the same, and that is there are No valid or
practical reasons other than to benift the Petitioners to settle the Estate without the
involvement of Respondent Hoke.
Respondent Hoke is a Co- Benefactor in this Estate, which, under Pennsylvania
Law also entitles him to serve as Co- Administrator in his mothers Estate.
Counsel has not disclosed any inability either mentally or physical that would
disqualify Mr. Hoke to serve as a Cow Administrator. The simple fact that it would be easier
because of his incarceration is not enough to disqualify Respondent Hoke.
Respondent Hoke is not represented by counsel in this matter, therefore must be
allowed to maintain complete involvement in this matter, to protect his interests, as he is
entitled.
Respondent Hoke believes there to be adverse Prejudice by and between the
Petitioners and himself, thus does not feel that the Petitioners will be fair in administering
the estate on his behalf.
Respondent Hoke, believes there to be no benefit to a hasty resolution in this
Estate as the Petitioners intend to do as outlined in the Petition.
Respondent Hoke is of sound mind, of legal age, and mentally and physically able
to perform the duties of Co-Administrator.
No valid or legal reason has been given as to the Respondents inability to serve as
a Co-Administrator in this Petition.
Respondent Hoke, respectfully request the Petition for Sole- Administrators be
denied.
Submitted this :;, S-H.-... day of December 2005.
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David R. Hoke, Respondent
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_ KERRY S. HERNAN
... NOTARY PUBLIC - State of Anz na L
PINAL COUNTY
My Comm. Expires May 22, 2009
VERIFICATION
I David R. Hoke Certify and agree to the statements contained herein. I certify that all
statements are true and correct to the best of my knowledge. And that knowingly giving
false information is punishable under the perjury laws of the State of Pennsylvania.
Dated this~B~; o~ecemb~
David R. Hoke, Respondent