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HomeMy WebLinkAbout02-02-07 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT- CUMBERLAND COUNTY, PENNSYL VANIA IN RE: Estate of Gary Lee Bremer, Jr., Deceased Orphans' Court Division Estate No: 2006-00906; PA No. 21-06-0906 PETITION FOR CITATION TO SHOW CAUSE WHY APPEAL FROM PRODA TE SHOULD NOT BE SUSTAINED TO THE HONORABLE ORPHANS' COURT JUDGE OF CUMBERLAND COUNTY: NOW comes Heather Bremer, Petitioner, and requests your Honorable Court to issuera, = o = c --' citation in the above-referenced matter directed to the executor of the Estate of G~lke Bre~r, :'I::::gO co .-L.,._ JJ-J:~~ I Jr., to show cause why the decision of the Register of Wills admitting to probate a~~9i da~ '.~-~J r~-~ () -0 ,.-,o=n :Ji: August 8, 2006, by the deceased, as the last will and testament of the above-named~dent _ --1 .. 'fJ ~... should not be vacated and the appeal therefrom sustained, and says: N -..I 1. The above-named decedent, Gary Lee Bremer, Jr., was a resident of Cumberland County at the time of his death on October 9, 2006, with a last principal address of 13 Park Street, Mount Holly Springs, Pennsylvania 17605. 2. Your Honorable Court has jurisdiction over this matter under and pursuant to 20 Pa. C.S.A. Section 711 (1) and (18). 3. On October 13,2006, the Register of Wills admitted to probate as the last will and testament of the above-named decedent, a writing dated August 8, 2006 by the decedent, and dated October 6, 2006 by the subscribing witnesses. Your petitioner believes, and therefore avers, that aforesaid last will and testament admitted to probate is not the last will and testament of the decedent and should not have been admitted to probate for the following reasons: undue influence, forgery and improper execution. 4. Your petitioner, the decedent's widow, is a person entitled to inherit under the intestate laws of the Commonwealth of Pennsylvania and will be an heir of the decedent if the aforesaid last will and testament is not admitted to probate. 5. The name and address of the Executrix of the purported last will and testament which was admitted to probate is as follows: Stacy A. Miller-Lobdell, ] 3 Park Street, Mt. Holly Springs, Pennsylvania ] 7605 6. The names and addresses of all other parties in interest, minus Petitioner and the Executrix, are as follows: a. Frank Bremer (Brother of Decedent), 130 Duvall Lane, Gaithersburg, MD 20877 b. Jason Demmitt (Son of Decedent), 2975 Grandview Drive, York Haven, P A ] 7370 7. The proceedings before the Register of Wills have consisted of the admission to probate of a purported will of the decedent, dated August 8, 2006 by the decedent and dated October 6, 2006 by the subscribing witnesses, and grant the letters testamentary thereon unto Stacy A. Miller- Lobdell. A copy of the Register's decree is attached hereto and marked "Exhibit A". 8. On October 27, 2006, your petitioner filed an appeal from the Register's order admitting the will to probate, a copy of said Notice of Appeal having been served upon the Register of Wills on October 27, 2006. A true and correct copy of the Notice of Appeal and Certificate of Service are both attached hereto as "Exhibit B". 9. Your petitioner believes and therefore avers that Decedent's purported will is void for the following reasons: A. Your petitioner believes, and therefore avers, that the decedent executed the aforesaid purported last will and testament as the result of undue influence by the beneficiary. 1. There was a confidential relationship between Decedent and Respondent. a. Decedent and Respondent were involved in a confidential, intimate, and extramarital relationship which began approximately six (6) months prior to the death of Decedent. b. Both Decedent and Respondent were married to at the time of said relationship. c. Subsequent to the death of Decedent, Respondent immediately resumed her relationship with her husband. d. As a result Respondent's confidential relationship with Decedent, Respondent learned that Decedent did not have a last will and testament. e. Prior to his involvement with Respondent, Decedent never executed a last will and testament. f. Respondent used her relationship with Decedent to push him into attempt to generate a will. g. Respondent provided advice and presented legal terms to Decedent in order to assist him in generating the purported will. See attached "Exhibit C". h. Decedent relied on information provided to him by Respondent to generate the purported will that Decedent never executed before he died. 11. Respondent exerted physical and/or moral coercion to such a degree upon Decedent as to prejudice the mind of the Decedent and to operate as a present restraint upon the making the purported will in order to ensure Respondent received a substantial portion of the estate. a. During the course of the relationship between Decedent and Respondent, Respondent knew, or became aware, that Decedent was contemplating suicide during their brief extramarital relationship. b. Respondent appeared to attempt to force Decedent to generate a will naming Respondent as sole beneficiary. c. After Respondent believed that she would be the sole beneficiary of Decedent's estate, Respondent encouraged Decedent to follow through with his threats of suicide. d. Initially, Petitioner and members of Decedent's family believed the decedent had died intestate. e. Respondent then announced the discovery of the purported will days after the decedent died, with witnesses having signed the document only three (3) days prior to decedent's suicide according to both the date on the signature page and the date on the Notary Acknowledgment. f. This purported will names the Respondent as the sole beneficiary of the estate. lll. Decedent suffered from weakened mental intellect at or around the time of the execution of the purported will. a. Within the months after having begun the relationship with Respondent, Decedent began isolating himself and/or acting aggressively towards the natural bounties of his affection. b. Decedent also began acting unusually aggressive towards others as well. c. On our about the time of the purported execution of the purported will, Decedent told Petitioner and others that he was contemplating suicide. d. Decedent suffered from depression, and he stopped receiving treatment for said depression before the execution of the purported will and before he committed suicide. e. Witnesses claim to have signed the document on October 6, 2006, which is only three (3) days prior to Decedent's suicide. f. Since the suicide occurred so close in time to the execution of the purported will, it is believed that Decedent did suffer from a weakened mental intellect. B. Petitioner believes, and therefore avers, that the signature purported to be that of the Decedent's on the purported will is forged. I. Those people who are familiar with the signature of Decedent do not recognize the signature on the purported will to be that of the Decedent. a. Your petitioner does not recognize the signature as being the proper signature of the decedent. b. Petitioner and Decedent were married for nine (9) years and over this time Petitioner has become familiar with the signature of Decedent. c. Petitioner saw the signature on the purported will and believes that it is not the genuine signature of her late husband. d. Frank M. Bremer, the named alternate administrator, is the brother of Decedent. e. Mr. Frank Bremer is familiar with the signature of the Decedent. f. After seeing the supposed signature of Decedent on the document in question, Mr. Frank Bremer does not believe the signature on the purported will is that of the Decedent. 11. There was opportunity to forge the document. a. The purported will was allegedly discovered and presented by Respondent; therefore, Respondent had possession of, and an opportunity to, forge the purported will. b. The two witnesses, Valerie Miller and James A. Wilkins, both claim to have witnessed Decedent's execution of the document on October 6, 2006, however the signature on the purported will attempts to show that Decedent executed the purported will on August 8, 2006. c. The above-mentioned witnesses did not subscribe their signatures to the purported will until October 6, 2006, as evidenced by the Notary Acknowledgement of Dawn M. Shughart. d. Petitioner believes, and therefore avers, that even if Decedent did type the document on August 8, 2006, it was not signed that day by Decedent but was signed at a later date by someone else who knew of its existence. e. Both Petitioner and Mr. Frank Bremer, the named alternate administrator, believe the inconsistency in the dates and the erratic signature support the argument that forgery of the document is likely. C. Petitioner believes, and therefore avers, that the purported will was improperly executed based on the inconsistencies of the dates of Decedent's signature and the witnesses signatures. a. The purported will is not a holographic will. I. A holographic will is a will written by the testator in their own handwriting, which is considered self-proving, rendering the signature be done in the present of two (2) witnesses unnecessary. n. The purported will is completely typewritten with the only handwriting being the names and signatures found on the document. b. The signature of the Decedent must be done in the presence of the subscribing witnesses. 1. Within the purported will the Decedent claims to "publish and sign" the document on August 8, 2006. 11. According to the witness signatures, they claim that the Decedent signed the will in their presence on October 6, 2006. 111. The Notary Acknowledgement also claims that the testator, Gary L. Bremer, and the two (2) witnesses Valerie J. Miller, and James A. Wilkins, signed the documents in her presence on October 6, 2006. IV. Decedent's name is the only type written name on the "Notory (sic) Acknowledgement". c. Petitioner believes, and therefore avers, that the Decedent, ifhe indeed did sign the document himself, he did not sign it in front of the subscribing witnesses and therefore the purported will was invalidly executed and fraudulently submitted to the Court as valid. WHEREFORE, Petitioner requests that your Honorable Court issue a citation upon the respondent to show cause why the appeal from the decree of the Register of Wills dated October 13, 2006, admitting to probate a certain writing dated August 8, 2006 by the testator, and dated October 6,2006 by the subscribing witnesses, should not be sustained and the aforesaid decree should not be vacated. Respectfully Submitted, NEUHARTH LAW OFFICES ~-,. Krist n B. Hamilton, Esquire Court ID#: 202303 PO Box 359, 232 Lincoln Way East Chambersburg, PAl 720 I 717-264-2939 VERI FICA TION I verify that the statements made in this document 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. Section 4904, relating to unsworn falsification to authorities. Date: 1- /5 -0-7 I-!pldk;l 13>u~ Heather Bremer . ~-~_.._- _J!'T.J'~n_ -J!'''-__L=_l__d "--un-. .l'''':::~LII:::a- ua WW.lUl!II U.l LlUUU",.l'UU.l '-'U .lLJ' OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } ss: The petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing petition are true and COrrect to the best of the knowledge and beliefofpetitioner(s) and that as personal repre tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed a~bscribed Before me this 13 day of ~'V-...L.."\... . 20 (J..p ~"(l<L~. v4TIQ,J)Q'~ ~. ~. . ~i"" l { ("") cO . ,~:J Cl .:J -l e:":) -...::":) "-"'"' Vl 00' ::0 III ~J:J ~q "," ['j . , ;.~:J ,I l~~..) ", .::.;.~~ '0' ~-;; , ,j ,,- .1 : Nobll- (){p. gOlo w ! ~. ;~'.~ . . '.-) .', '-, -0 Estate or Gary Lee Bremer, Jr. -.,..-~ -"'" . Deceased DECREE OF PROBATE AND GRANT OF LETTERS ,., .~) o en , I AND NOW October 13 20~, in consideration of the petition on the reverse side hereof. satisfactory proof having been presented before me, IT IS DECREED that the instrurnent(s), dated October 6, 2006 . described therein be admitted to probate filed of record as the last will of Gary Lee Bremer, Jr. ; and Letters are hereby granted to Stacy A. Miller-Lobdel FEES Probate, Letters, Etc. ............. Will .... _ . . . . . . . .. . ... . .. .. .. . . . .. ... Renunciation... ............... ..... Short Certificates (<.) ............ JCP...... ............................ Automation Fee................... $ ~O.o.) $ I c::;- - c......,. $ $ $ $ $ $ ~g db ~ . oC'. \o'~ S. o-c Bond........................... ...... Total Filed October 13 20~ Attorney (Sup. Ct. LD. No.) 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 Address 717-243-7143 Phone EXHIIirr A REGISTER OF WILLS OF CUMBERLANH COUNTY, PENNSYLVANIA NOTICE OF INTENTION TO APPEAL FROM REGISTER Estate of Gary Lee Bremer, Jr. Estate No. 2006-00906 also known as Gary Bremer , Deceased P A No. 21-06-0606 The undersigned, a party in interest, intends to file an appeal to the ORPHANS' COURT DIVISION of said County from the following decision of the REGISTER OF WILLS in the above estate: GJ Admitting to Probate a certain writing(s), dated by testator on August 8. 2006. and dated by witnesses on October 6.2006, as the last Will and/or Codicil(s) of said Decedent, and granting letters testamentary thereon; [X] granting letters of administration to Stacy Miller-Lobdell Q other (describe) Appeal based on improper execution of will. undue influence, forgery and lack of testamentary capacitv . Attorney: Kristen B. Gaddis, Esquire J.D. No.: 202303 Address: Neuharth Law Offices . PO Box 359.232 Lincon Way East Chambers burg, P A 1720 I Date Filed: October 17. 1006 Telephone: 717-264-2939 c'O EXHIBIT B IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT- CUMBERLAND COUNTY, PENNSYLVANIA In Re: Estate of Gary Lee Bremer, Jr., Deceased : Orphans' Court Division : Estate No. 2006-00906; PA No. 21-06-0906 CERTIFICATE OF SERVICE I, Kristen B. Gaddis, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petitioner's Notice of Intention to Appeal upon the following interested parties by first class mail, postage paid in Chambers burg, Pennsylvania, addressed as follows: 1. Stacy Miller-Lobdell, Administrator c/o Andrew Shaw, Esquire 200 South Spring Garden Suite 11 Carlisle, PAl 7013 2. Jason Demmitt 2975 Grandview Drive York Haven, PA 17370 3. Frank Michael Bremer 130 Duvail Lane #103 Gaithersburg, MD 20877 Date: JD I j(Q 101.9 C) ~':g r --'I "() r"-- '-'-1 ~_'tJ ......, ..'":"_~ C~ c;...... a C) -; N -..J .~~', <-~i C--'! :~2 -'h ~~ :r: . :!.."j ~:12 --"J +:"" co :~() "I)fTI i ') (-) C;) C) ~. ;') :-iJ ""j C:J ':',iFi \.'~~' ~~ -n '(") ~ rn ./J t.-=-:) -'-1 /;)-~ 5~ Ct3 fn~ W y(p ~ EXHiBIT ~ ( ,t' , i\ \. ...o..w 211 YJ (e .. ~(tJDn de) ~{~~ ~fo1 51 , 'LICTt-,ey J<../ ()c.co~ rrn.h.. ~ ~LI ~v I ~~~j.. QS Ih~ f711J/rc ~ m eM c/ "j .