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HomeMy WebLinkAbout03-1700C(~MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS N& NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. MAG. DLST. NO. OR NAME OF Dj. - ?-o,,.. · - 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case I / Signature of ~o;hT~'~a/'y or ~outy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary ~1..~-, /'7~0 ~ '~'./..~z~e of alqoe#ee(s) , appellee(s), to file a complaint in this appeal (Commo. Pleas r~ ~ ~~,..~ '~,; - ,--, .-, . ~ '-' . ) within twenty (20) ckzys after service of rule or suffer entry of judgment of non pro~ RULE: To ~=:~t-,.~-~_ o ~' ~),=~',~ ~---. I-~.~ , appe#ee(s). Name of appellee(s) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailin~ AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAY~ AFTE fiiing the ~otice of appeat. Check applicable boxes) COMMONWF,ALTH OF PENNSYLVANIA OF ; SS COUNTY AFFIDAVIT: t hereby swear or affirm that I served upon the District justice designated therein a copy o~ the Not ce of Appeai Common Pleas No ~ ~ 'o~ service' ' E] by pemonal service ~ by (Cerbfied) (registered) mail sender s date ~ ~ rece pt attached hereto and upon the appe ee, ~ by persona serv ce ~ by (certffied) (registered) ma~L senaer s receipt at~acnea hereto. ~ and further that ~ served the Rde to Fi~e a Complafnt accompanyfng the above Notice of Appea~ upon the appdfee(s~ to whom y, service the Rule was addressed on ~ b persona~ ~ by (ce~fied) (registered) maik sender's receipt attached hereto, SWORN (AFFIRMED} AND SUBSCRIBE BEFORE ME THIS ........................... DA}/OF ...................................... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disl No.: ~ 09-3-03 DJ Name: Hon SUSAN K. DAY Address: 229 MILL STREET, BOX MT. HOLLY SPRINGS, 486 -7672 Telephone: (717) 167 PA 17065 DAVID B. HELM 1144 ROCKLEDGE DRIVE CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS ~ESTATE OF DAVID E. HELM 77 EAST KING ST. P.O. BOX 250 ~HIPPENSBURG, PA 17257 DEFENDANT: VS. NAME and ADDRESS WHELM, DAVID BRYON -q 1144 ROCKLEDGE DRIVE CARLISLE, PA 17013 Docket No.: LT- 0000091 - 03 Date Filed: 3/25/03 THIS IS TO NOTIFY YOU THAT: Judgment: ~ PLAINTIFF -- ~-~ Judgment was entered for: (Name) ESTATE OF DAVID E_=_. HELM Judgment was entered against HE~___z DAVID BRYON in a ~ Landlord/Tenant action in the amount of $ 94 .~0 on ~ . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ o 00. The total amount of the Security D.___eposit is $_ .00 Rent in Arrears Total Amount Established by DJ. 0~)ess-Security Deposit Ap~)l~d : Adjudicated Amo. u~) $_ Physical Damages Leasehold Property $ .00 ----~-_ ' = $ Damages/Unjust Detention .00 = $ o00 $ .00 --$ .00 = -00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ - O0 L_] Attachment Prohibited/ L/T Judgment Amount $ . O0 Victim of Abuse (Act 5, 1996) Judgment Costs $ 94. '~0 Attorney Fees $ . O~ ~"-~ This case dismissed without prejudice. Total Judgment $ 94.50 ~--~ Possession granted. Post Judgment Credits $.., Post Judgment Costs $_ Certified Judgment Total ~ Possession granted if money judgment no sa is ~e y ~me o ewc ~on. $-- ~ Possession not granted. ~ Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ Date ____~//~ ~_,t.~4'~~ /~ Mx commission expires first Monday of January, 2004. SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT '- (This proof of service MUST BE FILED W/THIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ........... ~ ~,~.~ ~.~ ....................................................... ;SS AFFIDAVIT: t hereby swear or affirm that I served a copy of the Not ce of Ap daf, Common Pleas [j~r' .. P No 03 · ·-,~-, p the D~str~ct Justice designated there~n on (date of serv/ce)__.~..~LL_z_~_¢' ,~.~ ~ by personal service ~ by (certified~ ffen stere¢ mail ' re?ipt attached her~,'"and upo~'"'{~'~ ap~[~'~'"'~ .... ~.~ : ~ ~ ~., ,,, . , , senders '- ~ ' ~'~-.~-~.~-~ ~ ~l~ ....................................... 0~ ~_~,~.~ / ~ ........ ~_. ...... D by personal se/vi~'"(certifie~)"(~egiste~e~'~i-~'"'~-~nder,s recei t attac~ed--' ~ ~:/~(u.,~h,:~ ~a~ serve~ the Rul%to Fite a Dmplaint accompanying the ab(~Ve Notice of Appeal uDonthe an~[¢11~¢~,t t~ ,~,~o ' ' ' ........ · .................................... ~ ~ , u uy ~u,a~ serwce ~ ~y (cer[i~ied) (registered) ma, sender s rece pt attached hereto. ' ......... SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ~ JODYS. SMITH, NOTAry PUBLIO / Carlisle Boro, Cumberland Oounty /MY Oommission E×pire~ April 4, 2,00,5 NOTI.C.LC~F APPEAL COMI~NWEALTH OF pENNSYLVANIA COURT OF COllUSION PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT L/. / ~/~ 0~ COMMON PLEAS No. 6' _~ ' /~?/;r~ ~'~.6'~ ( "~'~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Corot of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case ~ below. I MAG. I~ST, NO. OII NAM~ OF D.J- NAM~ OF API~.LANT I/qv PA / 70/3 . ~ IS~_,NA~3~I~ O~ A.mI~I./M~IT O~ ~ A~TO~J'~Y O~ AC~NT V This I~ock will be ~ ONLY. when this r~taflo~ is required under P'c~ R.C/~.J~. I',lcx I! apl~llant was OLAIMANT (see Pa. R.O.P.J.P. No. 1008& " , - ' ~ ,~' ." ~ . 1 O01 (6) in aotion before District Justice, he MUST This Notice of A~i: whe?.received by'.t.he ~rict Justice, w,II operate as a SUPERSEDEAS toad, judg ~meqt, f~ possession ~n thi~ C. ase £11E A COMPLAINT wi#~in ~wen~¥ (20) deys etter i, .~'L~.:*~.~__~.,~..4~.: . Z ~% filing his NOTICE of APPEAL. ~RULE TO FILE COMPLAINT AND RULE TO FILE .... ~?: ~*-~ 0~¥ w~:~:~Ilant was L~/:BVD~NT (see Pa. R.¢.P.J.P. No. 1~ (7) ~n act~o, before District J~stice. IF NOT U~D, detach fro~ C~(~ of a/~0eal ~o be served u/~ PRAECIPE: To Prothonotary Enter rule ,pon ~-I-A~'I~ ~ /~A,,,/) ~'. /4f~-~ .appellee(s).taf~o¢omp~ntinthisappeol RULE: To E'~-_,,,~/G- _O~ /~,,','9 ~:' ~'"' .appellee(s). Name ol appellee¢s) {~) You are noli~'~d that ~ rule is hereby entered upon you ta file ~ complaint in this appeal within twenty (20) day's after the date of r~¥ice of this rule upon you by personal service or by cedified or registemd mail {2) If you do not file (3 complaint within this time, ~ JU~NT OF NON PRO5 WILL 6E ENT~ED AGAINST YOU. · (3] The date of service of this rule if service was by mail is the date of mailing. ~ t¥ ,.,.- AOPC 312-90 COURT FILE [iup em uoq~ TI lUOSOJd pue Td199oJ S!qT gAgS :~NVtBOdN '~iI11J)UI lib j · ' , ou st id,~ooJ 1 I 'ot OLTL UO ~jl~uJj$oa ~ }l uu:.9.-~. ...... ,~q 0~'~ UO )~jI~UJ),SOCl 1~ JJ · · ,,/doA~/O0 pOlOlJlSeH,, TUeLLIOsJOpUe IMeoe!dj!eLj eql)lJeUUJO~l I__ ,r_,,; /de^lieD 'ae~ leuoq!ppe ue Jo-I · -peJ~nbeJ uo Lu~od SdSR e 'ld!eom uJn~gJ e~eo!ld'n.P ~ uJme~ e qOel~,e.PUe e~el ;'-~-~ ~,,, ~l e~eH ~JJmeH e 'ee~ I~uo!i!PPeue ,~o:J · JO JOOJ P' %~..i i~ · .......... u' jenlsuO0 esl~eld 'selq~nl~^ 'lle~ leuoqeu~elu! jo ss~lo ~ue ~o~ elqel~eAa Tou si IJ~ pe~J!~u~ m ~ OMi JO~ am~ag lelSOd aqJ ~q lda~ ~aNlaP jo pJoo~J V · ' ~NI~P uodn ajmeu~s V J :sap!Rind lien pa~IIPo: I"1'! .oeO0 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSeAT.LAW 26 W. High Street Carlisle, PA ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM Plaintiff VS. DAVID BRYON HELM, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · No. CIVIL TERM NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170'13 SAIDIS, SHUFF, FLOWER & LINDSAY ~ -J~ames D. F-l'ower, Jr.~ Es/quir~ Supreme Court I.D. # 27742 26 West High Street Carlisle, PA 17013 (71.7) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT*LAW 26 W. High Street Carlisle, PA ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM Plaintiff VS. DAVID BRYON HELM, Defendant · No. 03'lq' O · CIVIL TERM IN THE COl/IRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT AND NOW, comes the Plaintiff, Orrstown Bank, Executor of the Estate of David E. Helm, by and through its undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of its Complaint against Defendant as follows: Helm· 2003· 1. Plaintiff, Orrstown Bank is the Executor of the Estate of David E. Letters Testamentary were granted to Orrstown Bank, on January 2, A copy of the Certificate of the Grant of Letters is attached hereto and incorporated herein by reference as Exhibit A. 2. Defendant, David Bryon Helm, is an adult individual with his principal residence being located at 1144 Rockledge Drive, Carlisle, Pennsylvania. 3. David E. Helm, died testate on December 7, 2002, in Carlisle, Pennsylvania, seized of real estate located at 1144 Rockledge Drive, Carlisle, Pennsylvania 17013. 4. David E. Helm executed a Codicil to his Will, dated January 4, 2002, stating that his entire estate was to be given to his church, The Bethel SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSsATsLAW 26 W. High Street Carlisle, PA Assembly of God. A copy of the Codicil is attached hereto and incorporated herein by reference as Exhibit B. 5. David E. Helm provided in his earlier Will, dated February 26, 1998, that Orrstown Bank was to be named executor of his estate. The appointment of Orrstown Bank as Executor was ratified in the later Codicil. A copy of the Will is attached hereto and incorporated herein by reference as Exhibit C. 6. Prior to David E. Helm's death, Defendant, who is also the decedent's son, took possession of the property situated at 1144 Rockledge Drive, Carlisle, Pennsylvania, and has declined to relinquish possession of the property. 7. Defendant was served with a Not!ice to Quit the property on ,January 30, 2003. A copy of the Notice to Quit and the Certificate of Service of the Notice to Quit to attached hereto and incorporated herein by reference as Exhibit D. 8. Plaintiff filed a Landlord Tenant Complaint against Defendant in the Cumberland County District Justice's Ofl~ce on March 25, 2003. 9. Judgment was entered against Defendant by District ,Justice Susan K. Day, which granted possession of the property in question to Plaintiff on April 7, 2003. A copy of the `judgment is attached hereto and incorporated herein by reference as Exhibit E;. SAIDIS SHUFF, FLOWER & LINDSAY ATr0RNEYS*AT.LAW 26 W. High Street Carlisle, PA 10. As Executor of the Estate of David E. Helm, Orrstown Bank is entitled to possession of his property located at 1 144 Rockledge Drive, Carlisle, Pennsylvania, so that it can be sold and the proceeds distributed in accordance with the Decedent's Will and Codicil. WHEREFORE, Plaintiff requests that this Court grant possession of the property situated at 1 144 Rockledge Drive, Carlisle, Pennsylvania to Plaintiff SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiffs nes D. Flower, Jr. I.D. #27742 26 West High Street Carlisle, PA 17013 (71.7) 243-6222 FROM SAIDIS,SHUFF,FLOW~R+LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY ~6 W. High $~eet ~FtJ.qle, FA FAX NO. : 2436510 Mag. 02 2003 08:50AM P6 VERIFICATION I verify that the statemenL~ made in the foregoi.ng Complaint are true and correct. ! understand that false statements herein are made subject to the .penalties of 18 Pa. C.S. § 4904, rela~lg to umwom falsification to authorities. Dated: __ ,-~'/~/O~ SAIDIS SHUFF, FLOWER & LINDSAY ATrORNIiYS.AT*LAW 26 W. High Street Carlisle, PA ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM Plaintiff VS. DAVID BRYON HELM, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL TERM CERTIFICATE OF SFRVICE On this day of ,2003, I, hereby certify that I served a true and correct copy of the foregoing Complaint, upon all parties of record via certified mail, return receipt requested, addressed as follows: David Bryon Helm 1144 Rockledge Drive Carlisle, PA 170'13 SAIDIS, SHUFF, FLOWER & LINDSAY J~yn 1~. Smith, Esq. Register of Wills of CI/MBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2003-00002 PA No. 21-03-0002 ESTATE OF HELM DAVID E (~A~'I', ~'±~'1', L~±~~,~:) WHEREAS, on the 2nd dated February 26th 1998 Late of SOUTH MIDDLETON TOWNSHIP , Deceased Social Security No. 172-36-2188 day of January & January 4th 2002 k2003*instruments were admitted to probate as the last will and codicil of HELM DAVID (J_J~'£', ~'1~'1', late of SOUTH MIDDLETON TOWNSHIP , CUMBERLAND County, who died on the 7th day of December 2002 and, WHEREAS, a true copy of the will & codicil as probated is annexed hereto. THEREFORE, I, DONNA M. OTTO , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of'Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to ORRSTOWN BANK who has duly qualified as Executor(rix) and has agreed to administer the estate aqcording to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the 2nd day of January 2003. **NOTE** ALL NAMES ABOVE ~_PPEAR (LAST, FIRST, MIDDLE) SAIDIS SHUFF, FLOWER & LINDSAY W. High Street Carlisle, PA CODICIL OF DAVID E. HELM I, DAVID E. HELM, the within named Testator, do hereby make and publish this Codicil of my Last Will and Testament dated February 26, 1998. i hereby amend the as follows: FIRST SECOND provision of said w' ~ zl= to provid~ i give, devise and bequeath all nhe rest, residue and remainder of my estate to The Bethel Assembly of God, 1412 Ho%!y Pike, Carlisle, Cumberland County, Pennsylvania. ~-~ all ~-~=~ respects -~ hereby ratify, confir~ and repubiis~ my Lash Will dated February 26, 1998 together with Zhis sole Codicil as and for my Last Will. iN WITNESS WHEREOF, I, DAVID E. HELM, have hereunto set my hand and seal zo Zhis Codicil to my Lasu Will and TesZament nhis '~ day of ~J-~~ 2002. David E. Helm Signed, sealed, published and declared by the above-named David E. Helm, as and for a Codicil to his Last Will and SAIDIS SHUFF, FLOWER & LINDSAY 2.6 W. High Street Carlisle, PA Testament in the presence of us, who have hereunto subscribed our names aZ his request as witnesses: thereto, in the presence of said Testator and of each oSher. ADDRESS SAIDIS SHUFF, FLOWER & LINDSAY A'I'FORNEYS',AT*LA W High Street C~rlisle, PA COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : WE, DAVID E. HELM, JOHNNA J. KOPECKY and TERESA J. , the Testator and witnesses, respectively whose names are ;igned to the foregoing or attached instrument, being first duly ~worn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Codicil and :hat he signed willingly and that he executed as his free and zoluntary act for the purposes therein expressed, and that each of :he witnesses, in the presence and hearing of the Testator ~igned the Codicil as witness and that to the best of their ;nowledge the Testator was at the time 1.3 or more years of age, of ;ound mind and under no constraint or undue influence. David E. Helm, Testator Subscribed, sworn to and acknowledged before me by David E. [elm, the TesUaUor, and subscribed ~o and sworn or affirmed ~efore me by Johnna J. Kopecky and and T~ J. ~ol~ ritnesses, 5his 4~ day of J~ ,2002 N~tary ='ubl ~' SAn)IS, GUIDO, SHUFF & MASLAND Ca~lislc, PA LAST WILL AND TESTamENT OF DAVID E. HELM I, DAVID E. HELM, of Carlisle, C'amberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publislh and declare this as and for my Last Will and Testament, hereby revoking all other Wills a_.,.d ~ ~'~':~~ h~retofore made by me. FIRST I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death asl conveniently may be done. I== there be no cemeterv~ lot availablei for my ln5erment owned by me at the time of my death, i authoriz~ my personal representative to purchase such cemetery !o5 wish a contrac% for perpe5ua! care, usinc therefore funds from my esza5e in such amount as he shall consider necessary and desirable, and r authorize my personal representative to cause ti~!e to or ownership of such lot so purchased to be vessed in such person aS my personal representauive shall designate. 7ur5har, - ==~.~- ....... _~ze my. ~ersonai representati-~e uo expend funds from my estate, in such amount .as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my i grave. SECOND I give, devise and bequeath all ~he rest, residue and i remainder of my estate to THE WORLD MISSIONS OF FINDLAY, OHI0, o~ W SAIDIS, GUlDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA their successors and assigns. THIRD ] I direct that any and all inheritance, estate, and transferi taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. FOURTH In addition to the powers conferred by law, I authorize any person~! representative acting under l:his instrument, in his/her absolute discretion: , (a) To retain in the form received, or 5o sell either au public or private sale any real or personal property; : (b) To exercise any options uo subscribe for stocks, bonds, or other investments. (c) To join in any plan of lease, mortgage, ccnso!idaUion, exchange, reorganization or foreclosure' of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any praser~y, :seal cr personal, which at any time may ferm part of my esSate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such ~erms as my personal representative, in his/her sole discretion, may deem wise, and Zo execute and deliver deeds of conveyance or transfer thereof; (e) To make settlements and compromises on such SA/DIS, GUIDO, SI-IUFF & MASLAND 26 W. High Street Carlisle. PA terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretio~ may deem wise. FIFTH I do hereby nominate, constitute and appoint ORRSTOWN BANK or their successor and assigns, to act as Executor of this my Last Will and Testament. SIXTH r direct that no personal representative, guardian t~us~e or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. iN WITNESS WHEREOF, I, DAVID E. HELM, have hereunto set my hand and seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first two ~2) of which bear my signature in the margin for identification, this ~m~-day of DAVID E. HELM SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Str~t Carlisle, PA Signed, sealed, published and declared by the above-named DAVID E. HELM, as and for his Last Will and Testament in the '. presence of us, who have hereunto subscribed our names at his request as witnesses thereto, In the ]presence of said Testator and of each other. ~~ ADDRESS COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF C~JMBERLAND : / '70,'3 WE, DAVID E. HELM,Johnna J. Deily and Renee L. Murray , the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being firsn duly sworn, do hereby declare to nhe undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and than he executed as his free and ~ ~' =o_~ ~ vo=un .... ~ ac~ the purposes therein expressed,~ and that each of the witnesses, in ~' = uno prasence and hearing of the Testator signed the Will as witness and Chat to the best of their knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constrainZ or undue influence. ' HELM, Ja~Ana ~ Delly~, WiZness ; ~l~enee ~.--~_.,.~ray , 'witness ~ Subscribed, sworn to and acknowledged~re me by DAVID E. the Tesuator, and subscribed tc and sworn or affirmed to before me by Johnna J. Dell and Renee L. Murray Nc/~fry Publ i~ -- SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA NOTICE TO QUIT Januaw 30,2003 Mr. Bryon Helm 1144 Rockledge Drive Carlisle, PA 17013 On behalf of the Orrstown Bank, Executor of the Estate of David E. Helm, you are hereby given notice to quit the premises at 1144 P, ockledge Drive, Carlisle, Pennsylvania, for a termination of the term any tenancy at 'will you may allege, and for occupancy without legal authority, this property having been transferred through your Father's Will to the Bethel Assembly of God. YOU ARE HEREBY NOTIFIED TO QUIT THE PREMISES WITHIN THIRTY (30) DAYS OF THE POSTING OF THIS NOTICE. J"3~mes D. F~low~r,~,'.'''- {" ] Authorized Agent for ~ Orrstown.Bank COMMONWEALTH OF PENNSYLVANIA APR 0 COUNTY OF: CUMBP. RLAND Mag. Dist. No.: 09-3-03 DJ Name: Hon. SUSAN K. DAY A~dm~s: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 ATTORNEY FOR PLAINTIFF : JAMES D. FLOWER, JR. 26 W. HIGH ST. CARLISLE, PA 17013 ESQ. 9 2003 NOTICF OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rESTATE OF DAVID E. HELM -q 77 EAST KING ST. P.O. BOX 250 ~HIPPE~SBURG, PA 17257 _j VS. DEFENDANT: NAME and ADDRESS FHELM, DAVID BRYON -q 1144 ROCKLEDGE DRIVE CARLISLE, PA 17013 Docket No.: LT-0000091-03I ~ Date Filed: 3/25/03 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF F-~ Judgment was entered for: (Name) ESTATE OF DAVID E. T4~:L~ Judgment was entered against T-TRT,M, DAVID BRYON ~ Landlord/Tenant action in the amount of $ 94.50 on 4/07/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ . O0 in a (Date of Judgment) .00. Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention --']Attachment Prohibited/ Victim of Abuse (Act 5, 1996) ] This case dismissed without prejudice. ~-~ Possession granted. E~ Possession granted if money judgment Possession not granted. Total Amount Established by DJ 0~)ess~Security Deposit Ap~l~d : Adjudicated Amo.us~ $ o - o =$ $. .oo-$. .oo : $ .oo $ .oo-$ _oo = $ .oo Less Amt Due Defendant from Cross Complaint - $ ,00 Interest (if ]arovided by lease) $ _ O0 L/T Judgment Amount $ . O0 Judgment Costs $ 94.50 Attorney Fees $ _ 00 Total Judgment $ 94.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ not satisfied Dy t~me ot ewct~on. E~] Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAl_ WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/'rRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JIJSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~-~-0~ DateY < i~he p~ocee ,D istri ct Ou sti ce I certify that this is a true an,d~orr"ecl-eoCy of the record dings containing the ju-]5-d~ment Date , District Justice My commission expires first Mqnday of January, 200&. SEAL AOPC 315A-03 ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM Plaintiff VS. DAVID BRYON HELM, Defendant I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA No. 03-1700 CIVIL TERM RESPONSE TO COMPLAINT The following deny and admittance is a Response to a complaint filed against the defendent, David Bryon Helm, by the plantiff Orrstown Bank, Executor Of The Estate Of David E. Helm, on May 6, 2003 In The Court Of Common Pleas Of Cumberland County,Pennsylvania. Dated' by David Bryon Helm 1144 Rockledge Drive Carlisle, PA 17013 (717) 249-4156 defendant ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1700 DAVID BRYON HELM, Defendant CIVIL TERM RESPONSE TO COMPLAINT AND NOW, comes the Defendant, David Bryon Helm, in Response to Complaint filed in The Court Of Common Pleas of Cumberland County, Pennsylvania, by the Plaintiff, Orrstown Bank, and its undersigned attorneys, Saidis, Shuff, Flower & Lindsay on May 6, 2003.Response to Complaint as follows: 1. Deny- Plaintiff, Orrstown Bank is currently the Executor of the Estate of David E. Helm. Contest of the Will and Codicil to the Will has been filed in Orphan's Court Division No 21-03-0002 In The Court Of Common Pleas Of Cumberland County PA. A copy is attached hereto and incorporated herein by reference as Exhibit A, Exhibit B, and Exhibit C. Defendant is asking the court to stop the probate of the Will and Codicil to the Will, Orrstown Bank should be payed for their quoted fee for service, and make myself, David Bryon Helm, Executor and Beneficiary of my father's Estate. 2. Admitted-Defendant, David Bryon Helm, I have spent approximately 70 % of my life, with my principle and current residence being located at 1144 Rockledge Drive, Carlisle, Pennsylvania. 3. Admitted-David E. Helm, died of a Brain Tumor on December 7, 2002 at Thomwald Home, Carlisle Pennsylvania, seized of real estate located at 1144 Rockledge Drive, Carlisle Pennsylvania 17013. 4. Admitted- David E. Helm executed a Codicil to his Will, dated January 4, 2002 stating that his entire estate was to be given to Bethel Assembly of God, which he was a member since November 24, 2001. 5. Deny- David E. Helm provided in his earlier Will, dated February 26,1998, that Orrstown Bank was to be named executor of his estate. He also left his entire estate to The World Missions Of Findlay, Ohio. Refer to Exhibit D., Which doe not exist, refer to Exhibit E. Once again I ask the court to recognized myself, David Bryon Helm, as the Executor and Beneficiary of the Estate of David E. Helm. 6. Admitted- took possession approximately one and half month's prior to my father's death of the property situated at 1144 Rockledge Drive, Carlisle, Pennsylvania. Admitted- even after Attorney Jim Flower's verbal threats on April 28,2003 about turning offpower and phone, yes I still declined to relinquish possession of the property. 7. Admitted-Defendant was served with Notice to Quit the property on January 30,2003. Third Party gave written 30 day notice, Pastor Kish of Bethel Assembley of God, Not the executor of the estate. 8. Admitted- Plaintiff filed a Landlord Tenant Complaint against Defendant in Cumberland County District Justice's Office on March 25,2003. 9. Admitted-Judgement was enter against the Defendant by District Justice Susan K. Day. I ask the Court of Common Pleas to judge the overall case at hand, and would like to stop the Probate of David E. Helm's Estate immediately and request defendant, David Bryon Helm, be named sole Executor and Beneficiary. 10. Deny-Contested both Will and Codicil to the Will, refer to exhibit A and B. Ask the court to recognize David Bryon Helm, Only Offspring, as the Executor and Beneficiary of the Estate of David E. Helm. WHEREFORE, Defendant requests that this Court stops the Probate of the Will and request the property situated at 1144 Rockledge Drive, Carlisle, Pennsylvania remain in the Defendant's possession. Defendant David Bryon Helm 1144 Rockledge Drive Carlisle PA 17013 (717) 249-4156 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswor~ falsification to authorities. Dated: By.- David Bryon ~'elm ORRSTOWN BANK, EXECUTOR OF /~ ESTATE OF DAVID E. ~M plaintiff DAVID BRYON ~mJM IN THE COURT OF COM~N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1700 CML TERM Defendant CERTIFICATE OF SERVICE On this ~~of May, 2003, I,hereby certify tbmt I served a true and correct copy of the foregoing Response, upon all parties of record via certified mail, return receipt requested,addressed as follows: SAIDIS,SHUFF,FLOWER& lindsay 26 W. High Street Carlisle, PA. 17013 DAVID BRYON }~M 1144 Rockledge Drive Carlisle,PA. 17013 Amendment to Add New Matter In The Court Of Common Pleas of Cumberland Cotmty In RE: Will Contest of David Eugene Helm Orphan's Court Division No 21-03-0002 I hereby petition this Court to add New Matter to Will Contest that was filed in the Court of Common Pleas on March 7th, 2003. In addition to the Undue Influence,I also petition this court to Add Sound Mind to the Contest of the Last Will and Testament of David Eugene Helm who died on Saturday, December 7, 2002 at Thornwald Home,Carlisle,and was last domiciled at death in Cumberland CoUnty,Pennsylvania. I verify that the statements made herein are tree and correct and understand that false statements herein are made subject to penalties 0.~of ,~18 Pa~...3S A.~904~. relating to Unswom falsification of authorities. .~.d' .~ y 1'5;~u031~ a~ = David Bryon Helm 1144 Rockledge Drive Carlisle,PA 17013 PETITION TO CONTEST WILL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY In RE: Estate of David Eugene Helm Deceased Orphan's Court Division No. ~ I hereby contest the last will and testament of David .Eugene Helm, who died on Saturday, December 7, 2002'at Thornwald Home, Carlisle, and was last domiciled at death in Cumberland County, Pennsylvania. Reason for such .request PA-Probate and Estate 3rd Edition 8-4 Undue Influence, Hurt Will, 406 PA 612, 179A.2d 436 (1962). ! verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties' of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: March 07, 2003 . David Bryon Helm 1444 Rockledge Drive PO Box 992 Carlisle, PA 17013 Petition To Contest the 2nd to Last Will In The Court Of Common Pleas Of Cumberland County In RE: Bstate of David Eugene Helm Deceased Orphan's Court Division No. 21-03-0002 I hereby contest the 2nd to last will and testament of David Eugene Helm, who died on Saturday, December 7, 2002 at Thomwald Home, Carlisle, and was last domiciled at death in Cumberland County, Pennnylvania. Reason for such request is because David Eugene Helm was not of Sound Mind to make such a will. I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to uuswom falsification to authorities. Dated: March 20,2003 David Bryon Helm 1144 Rockledge Drive PO Box 992. Carlisle, PA 17013 SAIDIS, GUIDO, SHUFF & MASLAND 26 W. H~gh Street CatUsle, PA LAST WILL AND TESTAMENT OF DAVID E. HELM I, DAVID E. HELM, of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and · understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills a_z~ ~--~..i=- heretofore made by me FIRST direct the payment of my just debts and expenses cf my last illness and funeral from my estate as soon after my death as conveniently may be do~e. If there be no cemetery lot available for my interment owned by me az the time of my death, i authoriz~ my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my eszas~ in such amount as he skai! consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in suck persen a~ my personal representative shall designate. ...... ~--- - autkcrize my cersonai representaSi've 50 expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the . purchase, erection and inscription of a suitable marker for my grave. SECOND give, devise and bequeath ail the rest, residue and remainder of_m~_e__state ~o THE WORLD MISSIONS OF FiNDLkY, OHIO, SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA their successors and assigns. THIRD I direct that any and all inheritance, estate, and transfer ~ taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. FOURTH In addition to the powers conferred by law, I authorize any persen~! representative actinq under this instrument, in his/her absolute discretion: (a) To retain in the form received, or to sell either a~ public or private sale any real or personal property; (b) To exercise any options ~o subscribe for stocks, 'bonds, or other investments. (c) To join in any plan of lease, mortgage, ccnso!idanion, exchange, reorganization or foreclosure' of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To -e~] transfer, convey, mortgage, pledge, lease or exchange any pr~Dez'ty, real cr personal, whic~ at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his/her sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; (e) To make settlements and compromises on such SAIDIS, GUIDO, SHUFF & MASLAND 25 w. High St~t C~rlisle, PA terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretio~ may deem wise. FIFTH I do hereby nominate, constitute and appoint ORRSTOWN BANK or their successor and assigns, to act as Executor of this my Last Will and Testament. SIXTE I direct that no personal representative, ~uardian, trustee or other fiduciary appointed under this instrument shall be ~equ___d to give bond for the faithful performance of their duties in any jurisdiction. iN WITNESS W~EREOF, I, DAVID E. HELM, have hereunto set my hand and seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first two (2) of which bear my signanure in the margin for identification, this ~'~day of DAVID E. HELM SAIDIS, GUIDO, SI-IUFF & MASLAND 26 W. High St~et Carlisle, PA Signed, sealed, published and declared by the above-named DAVID E. MELM, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, In the presence of said Testator and of each other. COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : ADDRESS WE, DAVID E. HELM,Johnna J. Deily and Renee L. Murray. , the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that he executed as his ~ree and voluntary ac~ for the purposes therein expressed,i and that each of the witnesses, in the presence and hearing of the Testator signed the Will as witness and that to the best of their knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. DAV~? j~ J,f. Del£y~, Witness ' ~enee b. mkrrray , Witness Subscribed, sworn to and acknowledged~re me by DAVID E.~ EELM, the Tessator, and subscribed to and sworn or affirmed to ~ before me by Johnna J. Deil and Renee L. Murray ~ ~-~ ~ ~. 1998. witnesses, this..<.~L,,~day of c' , SA/DIS, GUIDO, SHUFF & MASLAND 26 W. High Street C~tiale. PA Findl..ay:Hancock County Library 'Enrichin and nourishing the community" Local & Family History Departmem 206 Broadway Findlay, Ohio 45840 Dear Patron: The Findlay-Hancock County Public Library maintains a non-circulating local & family history collection. We will photocopy materials which are indexed for a charge of twenty cents per page, plus three dollars for postage and handling fees. We only accept written requests. This may be through regular mail, e-mail or fax. PLEASE LIMIT YOUR REQUEST TO FIVE ITEMS. One of the following apply.. ~1. Tho material requested is indexed, or is in index format. If you will supply specific names for which you are searching, as well as identifying information (spouse's name, birth and/or death dates, etc.), we will perform a search for you and send photocopies of pertinent pages. _ X_ 2. The names requested were not found in the work/works searched. ~3. The materials requested are not indexed, and would require an extensive search to locate specific names, which we are unable to do. Names of professional researchers who may undertake your search, for a fee, are listed on an accompanying sheet. 4. This institution does not own the item requested. 5. The names requested may be located in the Hancock County Computerized Obituary and Cemetery Index. Although currently incomplete, new names are being added on a continual basis. __ 6. Enclosed are the requested photocopies. Photocopy charges are twenty cents per page plus a three dollar handling fee. (PLEASE SEND CHECK OR MONEY ORDER ONLY.) The charge for thb material b $0.00. REMARKS: No references were found for The World Missions of Findlay, Ohio. Diaune Wood, Genealogy Cooraln~tor E-mail: wooddi~oplin.lib.oh.us E PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE P~0THONOTARy OF C%~gRLA~D COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( x ) for trial without a jury. CAPTION OF CASE --- (entire caption must be stated in fu] ]) (check one) (x) Civil Action - Law ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM (Plaintiff) Appeal from Arbitration ( other ) DAVID BRYON HELM VS. ( Defendant ) The trial list will be called on August 12 and Trials cor~mence on September 8 Pretrials will be held on August 20 (Briefs are due 5 days bef-~re pretrials.) (The pa~-ty listing this case for trial shall provide forthwith a copy of the praecipe to aL1 counsel, ipursuant to local Rule 214.1.) n~-]Tnn Civil Term X~ 2003 Indicate the attorney who will try case for the party who files tkis praecipe: James D. Flower, Jr. Indicate trial counsel for other parties if known: Defendant is acting pro se This case is ready for trial. Attorney for: · Plaintiff I1. Orrstown Bank, Executor of the Estate of David E. Helm V David Bryon Helm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1700 CIVIL TERM ORDER OF COURT AND NOW, August 12, 2003, counsel having failed to call the above case for trial, the case is stricken from the September 8, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, ,~J~ames D. Flower, Jr., Esquire For the Plaintiff ~l~vid Bryon Helm, Pro Se Defendant Court Administrator Id Geor~ · lq -oB ORRSTOWN BANK Executor of the Estate of DAVID E. HELM V. DAVID BRYON HELM IN RE: NONJURY TRIAl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1700 CIVtL TERM ORDER OF COURT AND NOW, August 15, 2003, the above-case having been listed for non-jury trial, a pre-trial conference will be held in chambers on August 27, 2003, at 3:00 p.m.; trial date will be set at that time. Bythe Coud, James D. Flower, Jr., Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 For the Plaintiff ,,"David B. Helm 1144 Rockledge Drive Carlisle, PA 17013 Defendant, pro se ORRSTOWN BANK : Executor of the Estate of: DAVID E. HELM, : Plaintiff V DAVID BRYON HELM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1700 CIVIL TERM ORPHANS' COURT DIVISION 21-03-0002 IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, August 27, 2003. David E. Helm died on December 7, 2002. Pursuant to his will in the possession of Orrstown Bank, Orrstown Bank took out Letters of Administration on January 2, 2003. As a part of that administration, Orrstown Bank took Over the home property of David E. Helm at 1144 Rockledge Drive, Carlisle. In the Course of administrating the estate, or before, the decedent's son, David Bryon Helm, moved into this property. Orrstown Bank brought an eviction proceeding against David Bryon Helm to the above-captioned number. The proceeding in front of the district justice resulted in an order evicting David Bryon Helm from the premises and David Bryon Helm has appealed that ruling to Common Pleas Court. The Helm estate has been opened in Orphans' 03-1700 Civil Term 21-03-0002 Orphans' Court In Re: Pretrial Conference Page 2 Court at 21-03-0002. Concurrent with D. B. Helm's appeal of the eviction, he has attempted to contest the will of his father, claiming that the father was either incompetent to make the last will or unduly influenced by the primary beneficiary of the will. These claims have been commingled with his defense of the eviction proceeding. The bank is represented by James D. Flower, Jr., Esquire, and David Bryon Helm appears pro se. Mr. Flower indicates that the normal procedure would be that the Register of Wills could hold an informal or formal hearing on the contest of the will by David Bryon Helm. Mr. Flower indicates he is willing to waive any imperfections in the pleadings so the Common Pleas Court could hold one hearing to resolve whether the will is proper and, two, whether the ejection is proper. In questioning David Bryon Helm, he agrees to this procedure. The Court directs Mr. Flower to prepare a proper stipulation handling this. The case had primarily been before the court today for pretrial conference on the vzability of defendant's eviction from the household premises, but the court will agree to hear the eviction proceeding at the same 03-1700 Civil Term 21-03-0002 Orphans' Court In Re: Pretrial Conference Page 3 time we hear the will Trial October 15, 2003, at contest. in this matter is set for Wednesday, 1:30 p.m. in Courtroom Number Three. Each party is directed to furnish to the court a complete set of separate Findings of Fact and Conclusions of Law to cover all aspects of these two cases to be presented. By the Court, /~ames D. Flower, Jr., For Orrstown Bank ~avid Bryon Helm 1144 Rockledge Drive Carlisle, Pa. 17013 Defendant, pro se :mtf Esquire ~. ~') SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1700 DAVID BRYON HELM, : CIVIL TERM Defendant : STIPULATION FOR CONSOLIDATION It is hereby agreed to and stipulated by and 'between counsel for Plaint'iff, Saidis, Shuff, Flower & Lindsay, and Pro Se Defendant, David Bryon Helm, that the above-captioned matter and Defendant's will contest matter pending before the Orphan's Court, No. 21-03-0002, shall be consolidated for trial under Civil Action No. 03-1700 to promote judicial economy and to avoid added expense and duplication of work for the parties. It is also hereby agreed to and stipulated by the parties to waive any and all procedural irregularities and jurisdictional issues arising from the consolidation of the two above-referenced actions. APPROVED AND SO ORDERED on this David Bryon Helm Pro Se Defendant ~es D. Flower, Jr., Esquire ~rney for Plaintiff day of October, 2003. George E. Hoffer, P.J. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF DAVID E. HELM Plaintiff VS. DAVID BRYON HELM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1700 CIVIL TERM STIPULATION FOR CONSOLIDATION It is hereby agreed to and stipulated by and between counsel for Plaintiff, Saidis, Shuff, Flower & Lindsay, and Pro Se Defendant, David Bryon Helm, that the above-captioned matter and Defendant's will contest matter pending before the Orphan's Court, No. 21-03-0002, shall be consolidated for trial under Civil Action No. 03-1700 to promote judicial economy and to avoid added expense and duplication of work for the parties. It is also hereby agreed to and stipulated by the parties to waive any and all procedural irregularities and jurisdictional issues arising from the consolidation of the two above-referenced actions. Date:~ qj TO-g) ~ APPROVED AND SO ORDERED on this ~_~.~O~to~er,~20.03. GeorgEtte, ~.j. David Bryon Helm Pro Se Defendant ( J~mes D. Flower, Jr., Esquire x,~orney for Plaintiff ORRSTOWN BANK, THE EXECUTOR Of THE ESTATE Of DAVID e. HELM : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND · COUNTY, PENNSYLVANIA : NO. 03-1700 CIVIL TERM DAVID BRYON HELM IN RE: WILL CONTEST AND LANDLORD TENANT APPEAL ~.~RDER OF COURT AND NOW, this I? day of December, 2003, in accordance with the opinion attached hereto, the Court grants possession of the property situated at 1144 Rockledge Drive, Carlisle, Pennsylvania, to the plaintiff, together with costs. v//JJames D. Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 For the Plaintiff ¢'David B.Helm 1144 Rockledge Drive Carlisle, PA 17013 Defendant, pro se By the Court, ORRSTOWN BANK, THE EXECUTOR OF THE ESTATE OF DAVID E. HELM : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA : NO. 03-1700 CIVIL TERM DAVID BRYON HELM IN RE: WILE CONTEST AND LANDEORD TENANT APPEAL HOFFER, P.J. Procedural History Before the court are two cases that have been consolidated into one for the purpose of hearing. The first case, which was pending before the Orphan's Court, began when the defendant filed a will contest with the Register of Wills, claiming that his father lacked testamentary capacity and was the victim of undue influence, at the time he signed his will and codicil. On January 2, 2003, the Register of Wills granted Letters Testamentary to the plaintiff bank. The second case concerns a suit brought by the plaintiff bank against the defendant in a landlord-tenant action, in which the District Justice found in favor of the plaintiff, Orrstown, and granted possession of the decedent's property. For the purpose of judicial economy and to avoid added expense and duplication of work for the parties involved, both the plaintiff and the defendant stipulated to having the two related cases heard simultaneously and agreed to waive any procedural and jurisdictional irregularities that may arise from the consolidation. As a result, both the contest of the validity of his father's will, and the appeal from the landlord-tenant matter were presented in their logical order in one hearing. Statement of Facts David E. Helm, of 1144 Rockledge Drive, Carlisle, Pennsylvania, died on December 7, 2002. Decedent Helm, executed a Last Will and Testament dated February 26, 1998, leaving his residuary estate to the World Missions of Findlay, Ohio, and appointing Orrstown Bank as the Executor of his Estate. On January 4, 2002, the decedent, Helm, executed a Codicil leaving the residue of his estate to the Bethel Assembly of God, 1412 Holly Pike, Carlisle, Cumberland County, Pennsylvania. The Codicil ratified the Will dated February 26, 1998, in all other respects, retaining Orrstown Bank as Executor of his Estate. Johnna J. Kopecky, Esquire, an attorney in good standing, prepared both the Will and Codicil for David E. Helm, and met with him when he executed each document, witnessing his signature. Attorney Kopecky testified that she met with David E. Helm on February 26, 1998, when he executed his Will. She testified that her customary procedure is to discuss an individual's estate generally, the nature of the document and decedent's family. She remembered Helm as being quiet and particular. She remembered that he seemed to be a lonely person. She was aware that he and his wife had separated and that he wished a religious organization to receive his estate, and wanted to be sure that his wife did not receive any part of his estate. She had no specific recollection of a discussion of Helm's son, David Bryon Helm. She was sure that Helm was mentally competent. She met with him when he signed the codicil on January 4, 2002, and did not feel that his demeanor was any different from when he signed the Will, and that he remained a quiet and particular person. He asked her to change the beneficiary to his local church, the Bethel Assembly of God, which she did. She recalls that he was happy to have had the help of some church members. She testified that he did not seem to be ill, or to be mentally impaired in any way. Barbara Brobst, Vice President and Trust Officer for the Orrstown Bank, probated the Will and Codicil of David E. Helm, and administers the Estate. Although Ms. Brobst had not met the decedent, she found in her file notes of a prior Trust Officer, Peter W. Rayburn, who is no longer with the bank, which listed a living family as "Mom, son, almost ex-wife." It also noted "Will leaves nothing to son; that is ok." David Bryon Helm had no lease to the property at 1144 Rockledge Drive. Orrstown Bank, as Executor of the Estate of David E. Helm, caused a Notice to Quit the premises at '1144 Rockledge r)rive, for termination of 3 the term of any tenancy at will, dated January 30, 2003, and served by Jaclyn M. Smith, Esquire, on January 30, 2003. ^ landlord-tenant action was filed by the Estate of David E. Helm against David Byron Helm seeking possession of the property at 1144 Rockledge Drive, on March 5, 2003. After a hearing on that Complaint, District Justice Day granted possession of the property at 1144 Rockledge Drive, Carlisle, along with costs of $94.50 to the Estate of David E. Helm and against David Bryon Helm. David Bryon Helm moved out of 1144 Rockledge Drive, Carlisle in 1998, when his mother moved out, and did not live in the home until his father entered the hospital for his last illness in October of 2002. He visited with his father for about an hour after his father had a heart attack, which was the longest visit he had with his father in his home until he moved back in. He moved back in when he was provided with a key by his aunt, Sandy Stuck, in October of 1998. Prior to his aunt providing him with a key, he did not have a key to the home. David Bryon Helm testified that his father had cut him out of his life. Conclusions of Law The plaintiff, Orrstown Bank, established a prima facie case that the Will and Codicil of David E. Helm were valid. The defendant, David Bryon Helm, failed to establish by clear and convincing evidence that the Will and Codicil of David E. Helm were the result of undue influence. 4 The defendant, David Bryon Helm, failed to establish by clear and convincing evidence that David E. Helm did not have testamentary capacity to execute the Will and Codicil in question. The Order of the Register of Wills of Cumberland County, dated January 2, 2003, admitting to probate the last Will and Codicil of David E. Helm, and granting Letters Testamentary to Orrstown Bank as Executor of the Estate of David E. Helm, are affirmed and the exceptions of David Bryon Helm thereto are dismissed. David Byron Helm had no lease to justify his continued possession of 1144 Rockledge Drive, Carlisle, but was, at best, a tenant at will. David Byron Helm was properly served with a Notice to Quit said premises on January 30, 2002, and has failed to do so. Therefore, the plaintiff, Orrstown Bank, as Executor of the Estate of David E. Helm, is awarded possession of the premises at 1144 Rockledge Drive, Carlisle, and costs.