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Home My WebLink About01-0976 WILL REGISTER OF WILLS OF CUMBERLAND COUNTY Estate of SAM.~..~X9.~-, Deceased File No.c;QJ-C)/- CJ?6 ...............~.... .. PETITION FOR PROBATE and GRANT OF LETIERS Estate of SARA..E.. LXQ~~......................... ~{l.S.~ .EAYMQ~. LXQN~..... .Deceased Social Security No. .l9..4:Ql: J.l~.~................. To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner is the executQt named in the Last Will of the . above decedent, dated S.e.P!~mQ~r.J.~"l~.9.~ and codicil(s) dated: NQt1~.................. (State relevant circumstances, e.g. renunciation, death of executor, etc) Decedent was domiciled at death in .... _.. _ .. _.. .. _ .. .. .. ... .. .. .. .. .. .. . .. .Cj!ro9.~r!~p"q.. ~QPJJty ~ f~IJP..s.YIYslJJ!~, with b~_r: last family or principal residence at: .17.QO..1y1ilJk~!.~tI:~~t~..~C!roR.ffiU.,J~A 11Q11. (List street, number and municipality) Decedent, then.~~ years of age, died ~~nt~roh~r_~~_?_QQJ at MC!t1.Qr.~~r~._W~~t.W.~~JP..n_ffilJ~ f~1}.fis'y !YJ!1Ji~. Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person: ~QP"~ Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in Huntingdon County Value of real estate in Pennsylvania situated as follows: ~Qn.~:. $ H1~QQ.Q~QQ $ ............. $ ............. $ ............. WHEREFORE, ..petitioner respectfully requests the probate of the Last Will presented herewith and the grant of letters t~~t.(!W~l1t'!ry thereon. (Testamentary, administration c.t.a., administration d.b.n. c.t.a.) Signature and Address of Petitioner: .r- r//EO / ~J- c2/ O)C1CJ! s~_.~(~~.._._._._... Post Office Box 58 SA~!9.l}" ~A..l9..QZ~ ..... ...... ... ... ........ _.... (Address) (814) 635-2656 SSN 192-34-6391 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF HUNTINGDON The petitioner above named swears or affirm that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent petitioner will well and truly administer the estate according to law. Sworn to or affirmed anq subscribed b~ry D:}e this ....t/..d...... day of .~...................... 2001 ~..~..~~Wf1is ~riii~.:~~................ ..., No..."J..-O 1-976 . Estate of s..~.~.. LX.QN, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, .....q~'!'9..~~~..~~......., 2001, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instru- ment dated ~~Rt~roQ~r J~",. J~9~ described therein be admitted to probate and filed of record as the tJ!~L~iJJ of ~ARA.E~.LYQN, and J&Jt~r~..T~~t.(!w~ntcror are hereby granted to s..\.!~.t\NN~..M: :al\{:N!QN. FEES \ .~. ." 1/}:>1f/]_ ~ . " ~~~../~--:e;-/ (I eglscer of Wills J Probate, Letters, Etc. . . . $ . ...~ 9... 9.0 x-pages 6.00 Short Certificates ( )... $ . .... ~.'. 9.0 ~11~rl~~.~~.S~j~~{t~J:~~.~Q:.Q9.1J.Q............... ATIORNEY (Sup. Ct. I.D. No.) Renunciation. . . . . . . . . $.......... Inventory. . . . . . . . . . . $.......... Inheritance Tax Return. . $.......... JCP 5.00 TOTAL. .. $..~.~:.q9. ~~~ W A~l}.WgtQ!l.Stt~~.t~.tl\lntiJlg,qQn2. ~AJ!!Q~~ ADDRESS (~l~).Q~.~:~.~~.Q........................ ...-.......... PHONE Filed: 10-22-2001 -- .. ~ ~ ~ e.ro .~ ~ ~ ('\S <( Cff)~~ ~ 8 . I -e .~ ~ bO r= -.8 C#) ~ 9 (!J :t:r: ~< ~ ~ U f , . .Last Wirr and rrestament 21-01-976 I, SARA LYON of 1292 Parkwood Drive, Bellefonte, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all wills and testamentary papers of all kinds by me heretofore made; declaring this only to be my Last Will and Testament. FmBT PAYMENT OF DEBTS AND EXPENSES I direct that all my just debts, funeral expenses and the costs of the admin- istration of my estate be paid as soon as conveniently may be after my death. SECOND SPECIFIC BEQUEST I give, devise and bequeath the sum of Two Thousand ($2,000.00) Dollars to my brother, DONALD KNISELY, if he survives me for thirty (30) days. This gift shall lapse if he does not survive me. THmD RESIDUE I give, devise and bequeath all the rest, residue and remainder of my property and estate, real, personal and mixed, of whatsoever kind and whereso- ever situated, in which I may have any interest at the time of my death, to my niece, SUZANNE M. BRINTON. In the event my niece, SUZANNE M. BRINTON, should predecease me, I give, devise and bequeath all the rest, resi- due and remainder of my property and estate, real, personal and mixed, of whatsoever kind and wheresoever situated, in which I may have any interest at the time of my death, to my grandniece, MICHELLE MORRIS. FOURTH APPOINTMENT OF PERSONAL REPRESENTATIVE I hereby appoint my niece, SUZANNE M. BRINTON, Executrix of my Will, to serve without bond. In the event my niece should predecease me or should for any reason be unwilling or unable to serve as Executrix, I appoint my grandniece, MICHELLE MORRIS, Executrix of nIY Will, to serve without bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1'.1 I/( day of September, 1999. , ~~G~ - ara E. Lyon " ~ ~ @ ~ o~ ~ < ~ ~ Cl. C!l)...J... is g ~ >..~ ~ 'E cg) ~ S OJ :t:::r:: 7:< fU ~ U ~ The preceding instrument, consisting of one (1) typewritten page, identi- fied by the signature of the Testatrix, was signed, published and declared by SARA E. LYON, the Testatrix, to be her Last Will and Testament in the presence of each of us and all of us together; and the Testatrix, upon declaring this docu- ment to be her Last Will and Testament, requested each of us to sign the same as attesting witnesses; and we thereupon signed our names hereto as such wit- nesses, in ~he presence of the Testatrix, and in the presence of each other, on this I jJ day of September, 1999. We further state that each of us believes , that, at the time she executed the foregoing instrument, the Testatrix was of sound mind and memory, of lawful age, and did so execute it as her own free act and deed and not under the unlawful influence of any person. /'>1'7 ;1!1I~ S} 1ij't-wb~tbvJ fA ill~~ lie f/L>r;< /~ ~~e~r-S'.JA'-c,./'4 /b61~ ~~ ~'I 'G'J _L'h<>--- ~ ~ @ bfi) oR ~ ~ (IS < tb)>7~ .... c:: (IS 0 1'"0 ~ >-. bO ~ 'E ~ ~ S (!) :t::r: ~< ftJ ~ U <8 _N ~('I') .....~> gs~~ o z ::;) (I)(.)Z Z ~- w< ~ (I.) a.. ~ :Z .(1) ~~~ w8:Z a: ti:;oS ~ zu..(.) ceozZ ~:.::o 9 ~c~ (.)i ~ ~:=: ::;)0 :c(.) ~ :. AFFIDA vrr OF ATrESTING WITNESSES STATE OF PENNSYLVANIA : COUNTY OF HUNTINGDON SS. SARA E. LYON and CHARLES B. SWIGART and GAYLE STEVENSON CESSNA depose and say: (1) That they are, respectively, the Testatrix and the Witnesses whose names are signed to the attached or foregoing Will; (2) That SARA E. LYON signed and executed the attached Will and the undersigned deponents each witnessed the execution of the attached Will by SARA E. LYON on September 13,1999. (3) That the Will was executed under the supervision of Charles B. Swigart, Attorney At Law, at his office at 223 Washington Street, Huntingdon, Pennsylvania 16652 (4) That the undersigned deponents make this Mfidavit at the request of the Testatrix; (5) That the Testatrix, in the presence of all of the depo- nents, signed her name to the Will at the bottom of each page and at the end thereof; (6) That, at the time of signing the Will, Testatrix declared the instrument so signed by her to be her Last Will and Testament; (7) That each of the deponents, at the request of the Testatrix and in her sight and presence and in the sight and presence of each other, thereupon signed their names as witnesses thereto; (8) That the Testatrix, at the time of the execution of the Will, was at least eighteen (18) years of age; (9) That, in the opinion of each of the undersigned deponents, the Testatrix was of sound mind, memory and understanding; (10) That the Testatrix was not under any restraint or in any respect incompetent to make a Will; (11) That the Testatrix could read, write and converse in the English language; (12) That the Testatrix was not suffering from any defect of sight, hearing or speech or from any physical or mental impairment which would affect her capacity to make a valid Will; (13) That the Testatrix signed only one copy of the Will on such occasion. (14) That each of the undersigned deponents was acquainted with the Testatrix or had examined proof of Testatrix's identity at the time the Will was witnessed by them. Subscribed, sworn and acknowledged before me by SARA E. LYON, the Testatrix, and by C~LES B. SWIGART and GAYLE STEVENSON CESSNA, witnesses, this J ~ - day of September, 1999. JANET E. HANKS CLERK OF ORPHANS' COURT , HUNTINGDON COUNlY, PENNSYLVAI\I1' i MY COMMISSION EXPIRES JANUARY 3,2l;f;'Ci .! 0~~ ~~ ~ ~ ~~ .... ~ . ~~jO: r/1r/1.!.ci . . ~ 0 ~< ~~ o C rIJ ~ E 'P ~~ 0 c """" ""l"'l ~ ::s ~.. ~ ~ ~=< J::= U~ .- (== CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Date of Death: SSN: File No. SARA E. LYON September 8, 2001 194-01-1133 2001-00976 To the Register: I certify that Notice of Beneficial Interest required by Rule 5.6(a) of the Orphans Court Rules was served on or mailed to the following beneficiaries of the above captioned estate on November 1, 2001: Name Address Donald Knisely 417 Chestnut Road Bellefonte, PA 16823 Suzanne M. Brinton Post Office Box 58 Saxton, P A 16678 Notice has now been given to all persons entitled thereto under Rule 5.6(a). Date: November 1, 2001 Charles . SWlga 223 Washington Str / Huntingdon, PA 16 52 Telephone (814) 643-4840 Counsel for Personal Representative , , ...... .. .. .~.~ ~ . ~ ~ ~~ ooOO~a . . ~ 0 · ~< ~-io - - O)$:: rn I-c E'P Q)~o$:: ~.tiil ... ::s I-c = < =x:: ~ = ..dQ) U~ IMPORTANT NOTICE NOTICE OF ESTATE ADMINISTRATION THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM THIS ESTATE OR OTHERWISE. Whether you will receive any money or property will be determined wholly or partly by the Decedent's Will. If the Decedent died without a Will, whether you will receive any money or property will be determined by the intestacy laws of Pennsylvania. BEFORE THE REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA In Re Estate of: SARA E. LYON File Number: 2001-00976 TO: Name: Address: DONALD KNISELY 417 Chestnut Road Bellefonte, PA 16823 Please take notice of the death of Decedent and the grant of Letters to. the . Personal Representative named below~- The Decedent, SARA E. LYON, died on the 8th day of September, 2001, a resident of Cumberland County, Pennsylvania. The Decedent died testate (with a Will). The Personal Representative of the estate is: Name: Suzanne M. Brinton Address: Post Office Box 58 Saxton, P A 16678 Telephone number: (814) 635-2656 The Will has been filed with the Office of the Register of Wills of Cumberland County, Courthouse, One Courthouse Square, Carlisle, P A 17013-3387. Telephone: (717) 240-6345. A copy of the Will is attached. Date: November / , 2001 Signature: Name: Address: ) I" _~ { r5,- /: , , .yI Char es B. S~; 223 Washington Stteet Huntingdon, PA 16652 Telephone: (814) 643-4840 Counsel for Personal Representative Capacity: AI .' .. .w~ .... .... ~~ 0.-4 0.-4 ~ . ~ ~ j rf rl'\ rl'\ I .. U~ U~ ~ c:: ~< ~i 4) c:: r/J .... E'': u:=u 0 c:: ...c ~ =' 1-4 0 "':I: ~=< ..== U~ IMPORTANT NOTICE NOTICE OF ESTATE ADMINISTRATION THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM THIS ESTATE OR OTHERWISE. Whether you will receive any rrwney or property will be determined wlwlly or partly by the Decedent's Will. If the Decedent died witlwut a Will, whether you will receive any money or property will be determined by the intestacy laws of Pennsylvania. BEFORE THE REGISTER OF WILLS CUMBERLAND COUNTY, PEI'1NSYLVANIA In Re Estate of: SARA E. LYON File Number: 2001-00976 TO: Name: Address: SUZANNE M. BRINTON Post Office Box 58 Saxton, P A 16678 Please take' notice of the death of Decedent and the grant of Letters to the Personal Representative named below. The Decedent, SARA E. LYON, died on the 8th day of September, 2001, a resident of Cumberland County, Pennsylvania. The Decedent died testate (with a Will). The Personal Representative of the estate is: Name: Suzanne M. Brinton Address: Post Office Box 58 Saxton, PA 16678 Telephone number: (814) 635-2656 The Will has been filed with the Office of the Register of Wills of Cumberland County, Courthouse, One Courthouse Square, Carlisle, P A 17013-3387. Telephone: (717) 240-6345. A copy of the Will is attached. Date: November I Signature: Name: Address: , 2001 Carles B. Swi 223 Washington St. t Huntingdon, P A 1 652 Telephone: (814)643-4840 Counsel for Personal Representative Capacity: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT SWIGART CHARLES B 223 WASHINGTON ST HUNTINGDON, PA 16652 ---.---- fold ESTATE INFORMATION: SSN: 194-01-1133 FILE NUMBER: 21-2001- 0976 DECEDENT NAME: L YON SARA E DA TE OF PAYMENT: 12/05/2001 POSTMARK DATE: 1 2/03/2001 COUNTY: CUMBERLAND DATE OF DEATH: 09/08/2001 NO. CD 000602 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $5,989.58 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHARLES B SWIGART ESQUIRE CHECK# 6397 SEAL INITIALS: AC RECEIVED BY: REGISTER OF WILLS $5,989.58 MARY C. LEWIS REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA REV - 1500 DEPARTMENT OF REVENUE INHERITANCE TAX RETURN DEPT. 280601 RESIDENT DECEDENT HARRISBURG, PA 17128-0601 DECEDENT'S NAME (LAST, FIRST AND MIDDLE INITIAL) LYON, Sara E. DATE OF DEATH DATE OF BIRTH (MM-DD-YEAR) 09/08/01 12/23/18 SURVIVING SPOUSE'S NAME (IF APPLICABLE) ; . <, t w ..... ~iC((I) ua:~ wa.u :z:09 ug:m a. < '1-- cnz Ww a:Q a:z 00 CJa. z o ~ :) I-- e: <s: CJ w a: z o j:: ~ :) a. :::Ii o CJ ~ G /7. /" .. .s-" OFFICIAL USE ONLY I-- Z W Q W CJ W Q FILE NO. 21-01-976 COUNTY CODE YEAR NUMBER SOCIAL SECURITY NUMBER 194-01-1133 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 1. Original Return D 2. Supplemental Return D 3. Remainder Return (death prior to 12-13-82) 4. Limited Estate D 4a. Future Interest Compromise D 5. Federal Estate Tax (for dates of death after 12-12-82) Return Required 6. Decedent Died Testate D 7. Decedent maintained a Living Trust 0 8. Total Number of Safe (Attach copy of Will) (Attach copy of Trust) Deposit Boxes 9. Litigation Proceeds Received D 10. Spousal Poverty Credit (date of death between D 11. Election to tax under Sec. 12-31-91 and 1-1-95) 9113(A) (Attach Sch 0) .At;I:i,CQaa.ESAO.NQ.ENC=.I;;'..PiC=C>NIIQENlllllla'.NSQ9MADBC>I.fIIS~QI9ECIEQI COMPLETE MAILING ADDRESS 223 Washington Street Huntingdon, PA 16652 1. Real Estate (Schedule A) [1] 2. Stocks and Bonds (Schedule B) [2] 3. Closely Held Corporation, Partnership or Sole-Proprietorship [3] (Schedule C) 4. Mortgages and Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Misc. Pers. Property (Sched. E) 6'1 JOintl, Owned Property (Schedule F) Separate Billing Requested 7. Inter-Vivos Transfers & Misc. Non-Probate Property (Schedule G or L) 8. Total Gross Assets: (total lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) [9] 10. Debts of Decedent, Mortgage Liabilities & Liens (Schedule I) [10] 11. Total Deductions: (total lines 9 & 10) 12. Net Value of Estate (line 8 minus line 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election has not been made (Schedule J) 14. Net Value Subject to Tax (line 12 minus line 13) 14,1~.~ ...:... rp 8- ~~ ,"'-:-'1 9 :D :I!(1'} ('D 0 1.00 .. ...... '~}. :~~. '''.; : '''t. ~"~f:~ t::I c-J J \.J1 9,.. [4] [5] [6] 39,153.70 ~- '. ~ ;;n [7] r;' co [8] 53,277.70 8,982.87 1,862.72 [11] 10,845.59 [12] 42,432.11 [13] [14] 42,432.11 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) [15] 16. Amount of line 14 taxable at lineal rate [16] 17. Amount of line 14 taxable at sibling rate [17] 18. Amount of line 14 taxable at collateral rate [18] tax from lines 15, 16, 17 and 18) x 0.00 = x 0.045 = 2,000.00 x 0.12 = 40,432.11 x 0.15 = [19] 240.00 6,064.82 6,304.82 20 ., SCHEDULE B STOCKS AND BONDS COMMONWEALTH OF PENNSYLVANI , INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER 21-01-976 must be disclosed on Schedule F. DESCRIPTION 330 shares of Allegheny Energy, Inc. @ $42.80/share SUBTOTAL FROM CONTINUATION, PAGE 2 OF SCHEDULE B: TOTAL Also enter on line 2, Reca itulation (If more space is needed, insert additional sheets of same size.) VALUE AT DATE OF DEATH 14,124.00 0.00 $14,124.00 ! . \ COMMONWEALTH OF PENNSYLVANIA , INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF LYON, Sara E. Joint Tenant(s): SCHEDULE F JOINTL V-OWNED PROPERTY FILE NUMBER 21-01-976 NAME ADDRESS RELATIONSHIP TO DECEDENT A. Suzanne M. Brinton Post Office Box 58, Saxton, PA 16678 Friend Jointly-owned property: LETTER DOLLAR VALUE ITEM FOR DATE TOTAL VALUE DECD'S OF NUMBER JOINT MADE DESCRIPTION OF PROPERTY OF ASSET % INT. DECEDENT'S TENANT JOINT INTEREST 1 A. 11/6/99 Checking account at Penn Central National Bank 78,307.40 50% 39,153.70 TOTAL (Also enter on line 6, Recapitulation) $39,153.70 (If more space is needed, insert additional sheets of same size.) . SCHEDULE H COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES, INHERITANCE TAX RETURN ADMINISTRATIVE COSTS AND RESIDENT DECEDENT MISCELLANEOUS EXPENSES ESTATE OF FILE NUMBER LYON, Sara E. 21-01-976 ITEM NUMBER DESCRIPTION AMOUNT A. Funeral Expenses: 1 Metzler Funeral Service, Inc. 7,626.50 2 3 4 B. Administrative Costs: 1 Personal Representative Commissions Social Security Number of Personal Representative: Year Commissions paid 2 Attorney Fees Charles B. Swigart, SS #168-34-6638 1,097.74 3 Family Exemption Claimant Relationship Address of Claimant at Decedent's death Street Address City State Zip Code 64.00 4 Probate Fees C. Miscellaneous Expenses: 1 The Sentinel (estate ad) 100.31 2 Cumberland County Legal Journal (estate ad) 75.00 3 Registered mail (Stock Certificates) 19.32 TOTAL (Also enter on line 9, Recapitulation) $8,982.87 (If more space Is needed, Insert additional sheets of same size) I ,. .. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF LYON, Sara E. SCHEDULE I DEBTS OF DECEDENT MORTGAGE LIABILITIES AND LIENS FilE NUMBER 21-01-976 ITEM NUMBER DESCRIPTION 1 Arden Courts (nursing home) 2 Internist of Central Pennsylvania 3 Susquehanna EMS (ambulance) 4 Keystone Urology 5 Manor Care (nursing home) 6 Quantum Imagining (x-rays) 7 Ortho Institute of Pennsylvania VALUE AT DATE OF DEATH 83.50 17.92 68.36 15.07 1 ,616.62 46.35 14.90 TOTAL (Also enter on line 10, Recapitulation) (If more space is needed, insert additional sheets of same size.) $1,862.72 ,: ~~EV-1513 EX+ (8-86) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN ESTATE OF: SCHEDULE J BENEFICIARIES ITEM NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP AMOUNT OR NUMBER SHARE OF ESTATE A. Taxable Bequests: 1 Donald Knisley Brother 2,000.00 417 Chestnut Street, Bellefonte, PA 16823 2 Suzanne M. Brinton Post Office Box 58, Saxton, PA 16678 Friend Residue of estate LYON, Sara E. FILE NUMBER 21-01-976 ITEM NUMBER NAME AND ADDRESS OF BENEFICIARY AMOUNT OR SHARE OF ESTATE B. Charitable and Governmental Bequests: TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (Also enter on line 13, Recapitulation) (If more space is needed, Insert additional sheets of same size) $0.00 . STEVEN F. SMITH 4415 Nittany Valley Drive, Howard, Pennsylvania 16841 Paralegal Services sfsmith@cub.kcnet.org (570) 726-3498 Fax(570) 726-3498 February 4, 2002 Cumberland County Courthouse Register of Wills Attn: Ann Copozzi 1 Courthouse Square Carlisle, PAl 7013 RE: Estate of Sara E. Raymond Lyon Estate File No. 21-01-976 Dear Ms. Copozzi: Enclosed you will find my check in the amount of $5.00 to cover copy costs for the following items in conjunction with the above referenced estate: * * * copy of Last Will & Testament copy of Decree or Letters Testamentary appointing Susan N. Brinton copy of Inheritance Tax 1500 Form Should you have any questions regarding my request, please let me know. sfs cc: R. Bruce Manchester, Esquire CHARLES B. SWIGART ATTORNEY AT LAW 223 WASHINGTON STREET HUNTINGDON, PA 16652 (814) 643-4840 FAX: (814) 643-1909 February 22, 2002 Register of Wills Office Attention: Vickie Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 }(,e: Estate of Sara E. Lyon No. 2001-00976 Dear Vickie: In accordance with your request, enclosed you will fmd the original Petition for Probate and Grant of Letters in the above estate. Very truly yours, GSC Enclosure i , . " MAR 0 1 2002 ~~ IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE OF PENNSYLVANIA ) ) SS: ) In the Matter of the Estate of SARA E. RAYMOND LYON, deceased. ) ) ) nr~ ".. "'- =('lJ :j =:" cr . n d N 'IJ :Ore r.D {'~ --'-, (~') COUNTY OF CUMBERLAND ESTATE NO. 21-01-0976 3 ::x:.> ~ I 0\ '''0 f.....v ~LIMINARY DECREE AND NOW, this ~ day of ,2002, upon consideration of the Gj \0 annexed petition of Donald Knisely, a citation is awarded, directed to Susan N. Brinton c/o Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, Executrix, and to Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, attorney, to appear and show cause why the decree of the Register of Wills admitting to probate a certain writing dated September 13, 1999, as the will of Sara E. Raymond Lyon, Deceased, should not be vacated and the decree of the Register of Wills set aside, and the issue directed to trial by ajury the following questions of fact: 1. whether at the time of execution of the writing the Decedent was a person of sound mind; 2. whether the said writing was procured by undue influence, duress and constraint practiced upon the Decedent by Susan N. Brinton, and others. By the Court: , IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE OF PENNSYL VANIA ) ) SS: ) COUNTY OF CUMBERLAND In the Matter of the Estate of SARA E. RAYMOND LYON, deceased. ) ) ) ESTATE NO. 21-01-0976 CITATION TO SHOW CAUSE AND NOW, this _ day of , 2002, upon consideration of the annexed petition of Donald Knisely, a citation is awarded and directed to Susan N. Brinton c/o Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, Executrix, and to Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, attorney, to appear and show cause why the decree of the Register of Wills of Cumberland County, Pennsylvania, dated October 24,2001, admitting to probate a certain writing dated September 13, 1999, as the Will of Sara E. Raymond Lyon, Deceased, should not be vacated, and the decree of the Register of Wills be opened to permit the Register to receive an act upon a petition for probate of an earlier writing dated November 8, 1984, as the will of Sara E. Raymond Lyon, Deceased. By the Court: J. Returnable ,J IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ST ATE OF PENNSYLVANIA ) ) SS: ) COUNTY OF CUMBERLAND Petition of Donald Knisely ) ) ) ) ) In the Matter of the Estate of SARA E. RAYMOND LYON, deceased. ESTATE NO. 21-01-0976 PETITION FOR CITATION TO THE HONORABLE, THE JUDGES OF SAID COURT: Donald Knisely ("Petitioner") hereby petition the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, to issue a Citation directed to Susan N. Brinton, c/o Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, Executrix, and her attorney, Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, to show cause why the Decree of the Register of Wills dated October 24,2001, pursuant to 20 Pa. Cons. Stat. ~ 908, admitting to probate the writing dated September 13, 1999, should not be vacated and the Decree of the Register of Wills of Cumberland County, Pennsylvania be opened to permit the Register to receive and act upon a petition for probate of an earlier writing, as the Last Will and Testament of the decedent, and in support thereof avers: 1. The decedent, Sara E. Raymond Lyon, was a resident of Cumberland County, Pennsylvania, at the time of her death on September 8,2001. 2. This Court has jurisdiction over this matter under 20 Pa. Cons. Stat. ~~ 711(1) and 711 (8), 3. Petitioner is a natural brother of the decedent. 4. Petitioner believes that he is a beneficiary under a penultimate Will executed by Sara E. Raymond Lyon. 5. In addition, petitioner believes that he is a pecuniary legatee under a penultimate Will executed by Sara E. Raymond Lyon. ~ # , ,... 6. Petitioner is decedents only party-in-interest to this proceeding. 7. Petitioner believes that other wills have been executed by decedent prior to the execution of the will dated September 13, 1999. A copy of the September 13, 1999 writing is attached as Exhibit "A". 8. Documents referred to in the preceding paragraph are in the custody of the law firm ofR. Bruce Manchester & Associates, 124 West Bishop Street, Bellefonte, Pennsylvania 16823, long-time attorneys for the decedent. 9. The proceedings before the Register have consisted of the admission to probate of the writing dated September 13, 1999 (Exhibit" A") and the grant of letters testamentary thereon to Susan N. Brinton. A copy of the Register's decree which petitioners seek to set aside is attached as Exhibit "B". 1 O. Petitioner believes and hereby avers that decedent lacked testamentary capacity on September 13, 1999, at the time of her execution of the original of the writing attached hereto as Exhibit "A". 11. On August 6, 1999, at the age of 80, decedent was discharged as a patient from Centre Community Hospital in State College, Pennsylvania. 12. At the time of decedent's discharge, she was in an acute, confused mental condition, at which time she was removed from her home and family in Centre County by Susan N. Brinton and taken to the home of Susan N. Brinton in Saxon, Pennsylvania. 13. Shortly after removing decedent from her home in Centre County, Susan N. Brinton changed the locks on decedents home, and within a short period of time thereafter, removed and dissipated everything in the home. 14. On January 22,2001, Susan N. Brinton, by Power of Attorney, sold decedent's real estate located at 1292 Parkwood Avenue, Bellefonte, Centre County, Pennsylvania for $107,000.00. In 2001, Centre County Tax Assessment assessed the property with a fair market value of $121,160.00. 15. In addition to removing the decedent from her home and family, she canceled all follow up appointments and removed her from the care of her family physician, Robert Hall, M.D., of State College, Pennsylvania, and later, by power of attorney, retrieved all medical records from the family physician. 16. Armed with a power of attorney, Susan N. Brinton dissipated all of decedents assets and money. 17. Sometime in late October or early November of 1999, Susan N. Brinton took decedent to stay with Susan's daughter in York, Pennsylvania. 18. Sometime later, Susan N. Brinton claimed that decedent became violent and required full time professional care. 19. Susan N. Brinton has been divorced from decedent's nephew for more than thirty (30) years, however, continues to pose as decedent's niece. 20. Susan N. Brinton is of no blood relation to decedent. 21. Decedent's physical and mental condition was further aggravated by her advanced age and other physical infirmities. 22. As a result of the physical and mental conditions enumerated above, decedent lacked an intelligent knowledge of her true desires regarding the distribution of her estate when she executed her will on September 13, 1999, shortly after her discharge from Centre Community Hospital in State College, Pennsylvania. 23. Petitioner believes and hereby avers that decedent executed the writing of September 13,1999 pursuant to the undue influence of Susan N. Brinton. 24. The aforesaid undue influence was perpetrated as a result of the control that Susan N. Brinton had over decedent, which was evidenced among other things by the fact that Susan N. Brinton, with the unconscious consent of decedent, exercised a significant and predominate role in the formulation and execution of the writing dated September 13, 1999, including dictating most if not all of the provisions of the document to the scrivener; that decedent trusted had no choice but to depend upon Susan N. Brinton for the management of her personal and business affairs for approximately two years prior to her death. 25. The aforesaid undue influence was exercised while decedent had a weakened intellect as set forth in detail in the preceding paragraphs. 26. Petitioner believes and hereby avers that decedent was caused to execute the September 13, 1999 writing through fraud in the inducement, and that said fraud was perpetrated primarily by Susan N. Brinton. 27. Despite the aforesaid declaration of intent by decedent, Susan N. Brinton caused a different type of document to be drafted, which document did not reflect the express desire of decedent though decedent, by reliance upon Susan N. Brinton, believed it did. 28. In addition, the new document greatly increased the share of Susan N. Brinton, making her a recipient of virtually the entire estate. 29. The new document changed the executor to Susan N. Brinton, giving her full control of the entire estate. " , c, 30. Petitioner believes and, therefore, avers that in prior wills, decedent always had named her family as beneficiary and executor. 31. Despite the aforesaid declaration of intent by decedent and while decedent was ill and in unstable physical and mental condition as set forth in detail in the preceding paragraphs, Susan N. Brinton fraudulently induced decedent to execute the writing dated September 13, 1999, although said document did not represent her expressed dispositive scheme, by causing decedent to believe that said document conformed with her declaration of intent as set forth hereinabove. 32. By the aforesaid means, Susan N. Brinton induced decedent to assent to the document, even though she did not fully understand the changes being made, and the affect it would have on her family. WHEREFORE, Petitioner requests that this Court issue a citation to Respondents to show cause why the Decree of the Register of Wills admitting to probate the writing dated September 13, 1999 should not be vacated and the Decree of the Register of Wills be opened to permit the Register to receive and act upon a petition for probate of an earlier writing dated November 8, 1984, as the Will of the decedent. Respectfully submitted, MANCHESTER & ASSOCIATES R. ruce Mancheste, Esquire Attorney for Donald Knisely Attorney ID #28535 124 West Bishop Street Bellefonte, P A 16823 (814) 355-5421 Dated: eJ-IY-tJi- , I, ~ ~r *" ~ <<I bO ..... ~ ~ III < Cf.)o;J~ <<i 6 . I ~ - >-bO ..... ~ a rIJ ~ 'g ~ ~:c ~ <<S .J:: U ~ Last Wi(( and rrestament 21-01-976 ~fl' I, SARA LYON of 1292 Parkwood Drive, Bellefonte, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all wills and testamentary papers of all kinds by me heretofore made; declaring this only to be my Last Will and Testament. FIRST PAYMENT OF DEBTS AND EXPENSES I direct that all my just debts, funeral expenses and the costs of the admin- istration of my estate be paid as soon as conveniently may be after my death. SECOND SPECIFIC BEQUEST I give, devise and bequeath the sum of Two Thousand ($2,000.00) Dollars to my brother, DONALD KNISELY, if he survives me for thirty (30) days. This gift shall lapse if he does not survive me. \~~\ . TIllRD RESIDUE I give, devise and bequeath all the rest, residue and remainder of my property and estate, real, personal and mixed, of whatsoever kind and whereso- ever situated, in which I may have any interest at the time of my death, to my niece, SUZANNE M. BRINTON. III the event my niece, SUZANNE M. BRINTON, should predecease me, I give, devise and bequeath all the rest, resi- due and remainder of my property and estate, real, personal and mixed, of whatsoever kind and wheresoever situated, in which I may have any interest at the time of my death, to my grandniece, MICHELLE MORRIS. ...,.- FOURTH APPOINTMENT OF PERSONAL REPRESENTATIVE I hereby appoint my niece, SUZANNE M. BRINTON, Executrix of my Will, to serve without bond. In the event my niece should predecease me or should for any reason be unwilling or unable to serve as Executrix, I appoint my grandniece, MICHELLE MORRIS, Executrix of my Will, to serve without bond. \ j, IN WITNESS WHEREOF, I have hereunto set my hand and seal this iJ/Tf day of September, 1999. , ~~D~ ~ ra E. Lyon 1/ IEXhibit "A"I ,~ . "'t' ~ ~ tU be 'F! ~ ~ j ~ Cf) L ~ ns 0 . '"0 ~ >. bI) E'S rrJ 0 3 ~~:I: M fU ~ U ,I s~ ~coi ~~n ~Ig; t&;o:::) ~ ~.....8 ~i8S u~3 !i~ :::)u :c~ AFFIDAVIT ~ ATIESTING WITNESSES STATE OF PENNSYLVANIA COUNTY OF HUNTINGDON SS. SARA E. LYON and CHARLES B. SWIGART and GAYLE STEVENSON CESSNA depose and say: (1) That they are, respectively, the Testatrix and the Witnesses whose names are signed to the attached or foregoing Will; (2) That SARA E. LYON signed and executed the attached Will and the undersigned deponents each witnessed the execution of the attached Will by SARA E. LYON on September 13,1999. (3) That the Will was executed under the supervision of Charles B. Swigart, Attorney At Law, at his office at 223 Washington Street, Huntingdon, Pennsylvania 16652 (4) That the undersigned deponents make this Affidavit at the request of the Testatrix; (5) That the Testatrix, in the presence of all of the depo- nents, signed her name to the Will at the bottom of each page and at the end thereof; (6) That, at the time of signing the Will, Testatrix declared the instrument so signed by her to be her Last Will and Testament; (7) That each of the deponents, at the request of the Testatrix and in her sight and presence and in the sight and presence of each other, thereupon signed their names as witnesses thereto; (8) That the Testatrix, at the time of the execution of the Will, was at least eighteen (18) years of age; (9) That, in the opinion of each of the undersigned deponents, the Testatrix was of sound mind, memory and understanding; (10) That the Testatrix was not under any ~~straint or in any respect incompetent to make a Will; (11) That the Testatrix could read, write and converse in the English language; (12) That the Testatrix was not suffering from any defect of sight, hearing or speech or from any physical or mental impairment which would affect her capacity to make a valid Will; (13) That the Testatrix signed only one copy of the Will on such occasion. (14) That each of the undersigned deponents was acquainted with the Testatrix or had examined proof of Testatrix's identity at the time the Will was witnessed by them. Subscribed, sworn and acknowledged before me by SARA E. LYON, the Testatrix, and by C~LES B. SWIGART and GAYLE STEVENSON CESSNA, witnesses, this J 3 - day of September, 1999. q~~ JANET E. HANKS -! CLERK Of ORPHANS' COURT HUNTINGDON COUNTY. PENNSYLVA~i' I t6f COMMISSION EXPIRES JANUARY 3. 2l,i('1.; .. ~'h . ,~I \ "",:",A4 1.1, J~ ~. ~'''' .e=o tzt CiS bO oi ~-< Cf)-;1~ .... r:: <u 0 ~ >-], E -.8 f/) 0 ~ ~ ~:c tzt ftS "Cl U ." . The preceding instrument, consisting of one (1) typewritten page, identi- fied by the signature of the Testatrix, was signed, published and declared by SARA E. LYON, the Testatrix, to be her Last Will and Testament in the presence of each of us and all of us together; and the Testatrix, upon declaring this docu- ment to be her Last Will and Testament, requested each of us to sign the same as attesting witnesses; and we thereupon signed our names hereto as such wit- nesses, in ~he presence of the Testatrix, and in the presence of each other, on this I j/; day of September, 1999. We further state that each of us believes that, at the time she executed the foregoing instrument, the Testatrix was of sound mind and memory, of lawful age, and did so execute it as her own free act and deed and not under the unlawful influence of any person. ~h' r;kk /J7 ~-r,&_.'a' /~ If'? ;If!lf; S} IIC ,6r;( I tj' ?~e~ r.r JA c..e: /',L/ /b 6'1r/- , ~I ,. 'I, \ -.- \' t I l" OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF HUNTINGDON S8 The petitioner above named swears or affirm that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent petitioner will well and truly administer the estate according to law. Sworn to or affirmed anq subscribed bc#4>>r9 xqe this ....I./..d...... day of .~.._...__._......____.. 2001 ~..~.~~WillS ~i,tBriii~':~~:"'. "--""""'" No...~l-Ol-976 Estate of SARA.~"LX.QN, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, _...QC;I,..?!t..........~.-' 2001, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instru- ment dated ~~P.tC(WhCi{ .13-,.J.9.9~ described therein be admitted to probate and filed of record as the ltm_~W of ~ARA.n:..LXQN, and MJ.t~n;_.:r~~nWJ7 are hereby granted to s..U~..M, lUUNIQN. FEES Probate, Letters, Etc. . . . $ _. __.~ Q:. QO x-pages 6.00 Short Certificates ( )... $......l.no Renunciation. . . . . . . . . $.......... Inventory. . . ~ .. . . . . . $.....___.. Inheritance Tax Return. . $..__.._.._ JCP 5.00 TOTAL. . '.' .$~._.:_2A:.Q.O Filed: .._....____1Q::?~::.f.QQ!........... // ~.~~~~ !Jlfgl~.8, ~wig~JsR:.NQs.Q()_1l11....... ........ AlTORNEY (Sup. o. J.D. No.) ~~:.wMbit1gtQR~t{~~_~.UWltiJl&<!QJh~AJ~~~ ADDRESS L&l~;.~~~-~-Q.--... -- ~... --..: ~..--.~...~ ..-.. ---.. PHONE !Exhibit "8 "I I ;1 .. ."' .. . I LAST WILL AND TESTAMENT I, SARA E. LYON, of Bellefonte Borough, Centre County, State of Pennsylvania, being of sound mind, memory, and understanding, do hereby make, publish, and delcare this as my Last Will and Testament, hereby revoking and making null and void any and all Wills or Testaments or Writings in the nature thereof by me heretofore made. FIRST: I order and direct the payment of all my debts and funeral expenses as soon as conveniently can be made after my death. SECOND: I order and direct that my funeral shall be ITlcxlest in character and in keeping with my circumstances i.n life. ll-IIRD: I hereby give, devise, and bequeath all of my estate, both real and personal property wherever the same may be situate of which I die seized or possessed, to my spoLse, LEON E. LYON, absolutely and in fee simple. In the event my spouse should predecease me or dies as a result of ~ casualty cornnon to both of us, by reason of which the order of our death cannot be determined, then in such event or events, I hereby give, devise and bequeath my entire estate, both real and personal or mixed, wherever the same may be situate of which I die s~ized or possessed in the following manner: 1. To MICHELLE LOUISE KNISELY, I hereby give, devise and bequeath, should lawn at the time of my death, all iny jewelry, IExhibit "C"I , I i ~ Y' with the exception of the chain/necklace bearing a heart shape locket thereon which is to be buried with my person. 2. To DONALD E. KNISELY, I hereby give, devise and bequeath the rest, residue and remainder of my estate, both real and personal or mixed, wherever the same may be situate of which I die seized or possessed in addition to that specified and set forth above. FOURTH: I order and direct that all taxes, interest, and penalties thereon, that may become by reason of my death with respect to the property canpr is ing my gross estate for tax purposes, whe Hler or not sllch property passes under the Will, shall be paid out of the principal or corpus of my residuary estate. F IFnI: If my Spouse, LEON E. LYON, s ha 11 die s illlu 1. taneous 1 y with me or under such circumstances as to render it in,possible to determine who predeceased the other, I direct that I shall be deemed as having survived my spouse and that the provisions of my Will shall be construed upon the assumption notwithstanding the provisions of any law establishing a different presumption of order of death or providing for survivorship for a fixed period as a condition of inheritance of property. LASTLY, I hereby nominate, constitute, and appoint: my spouse, LEON E. LYON and my brother, DONALD E. KNISELY, as co- execulor(s) of this my Last Will and Testament. i lrl In the event my spouse is unable to serve, should predecease me, or declines, I naninate, constitute, and appoint my brother- in-law, CLARK LYON, as Executor of this my last \-,li11 and Testament. My fiduciaries shall serve in their respective capacities without bond or security of any kind in this or any other jurisdiction. IN WllNESS WHE;REOF, I have hereunto set my hand and seal I 1// . (t/ ' Y( r i{ , this !J 'day of I () /,' I If I'., , 1984. ,~:t[~(~. !L~jt' , L ~ . .. SIGNED, SEALED, PUULISIIED, AND DECLAHED by SA1~A E. LYON the Testatrix ~bove named, as and for her Last Will and Testament, In our presence, who in her presence, and at her r'equest, and in the presence of each other have hereunto subscribed our names as attesting witnesses. ,::/1J'hlc! /J~c:"-c;~ Nam /l/-&a'L-:.>t /4- Add ress r Name /---...-- ~II;___--' _____. u ( '. I (. ( /,), ~-.!~~{J___J() II (- J\ddress f .. II , \ , , Commonwealth of Pennsylvania ss: County of Centre I, SARA E. LYON , Testatrix, whose name 1s signed to the attached instrument, having been duly qualified accol'ding to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as lilY free and voluntary act for the purposes therein expressed. .,'-"J {/' . ... ~_.;J,:_ ( (e,-' ( '. / ( ,/, ..;t:--~i TesLatrtf SHorn and affirmed to and acknowledged befot'e me by '~'ll . the Testatr1.x, this ...!..!..- day of /( ,( " I ) i (' I ( ! 'cl, . !;,. , :' \,' ',- I lA' ';, '(I,.' . ...,L..W:----~1 . h.J,. t'" J L 1 C}JI/. '..1 I. /~ 'f} ('- I( i It, J , \ 1 . '" ... --~/. -~:--;--:..,.......,--r--'--~~"'~'-; / I. ' , . /, / / '-. .',. ' , . . ' ,I. ,., . J.. , !:sawllM ' )7JYn 1Y-r7 :1":7-z/7/:T7JL{/P' -------r-JI ) .-- E:~;alq TM ' '~.~6 l ' ~-.~/ ~ I I 'n . m pile / .. ,'liq 8111 8J~.J ~Q .01 / I / / 1'1.;,'::'/ l '.'i JO Aep\//v s'pn 'SaSSi:Hq TM . ~ /7 ~c..'-"1;>?t/--:P-'l11/~;1/ P8<H...losqrlG pue 01 pawJ LUE ..10 U.lOMS' . o:)IJ;)n 1.1 liT aopun ~'o 1ul'~J1 suoo ou Japun pUP. j pUllU puno:..; .10 · ;I/k ..10 f;.H:vA 8JOlJI ..10 fit 81J1T1 ')B41 lE Gtm XT.11B1S81 a1n '8~~'aT -MOU)I Jno JO lG~Hl 011'\ 01 leiI') pUl~ ~s()r;l;;)urITM Gl! l1TM ;::1'1'1 PC)U~1TS }Cr~qElsal ar.n JO lq~lG pUP. )J\I~.I\?C)q a111 t1! 8n .10 'lJc.) 'I ell '.1 ~ I ',olL;r; a.nJx a uF~.1aql sasod.1nd tHI1 JOJ lOB A.,n=qunroA pile 80..tJ Jaq CC '1 r pC>lnoaxa aqs lcql pue I ^T~UT11lM pau~lS eqs lBl(l :TTTM 1S1YI .-'aq se 1UaUlnJlslQ a41 <:qnoaxa pue u~TS xTJlfQnc:q Mes pue lUas8...ld BJcU" CJM -:pnl'l ABS PI.H~/;~.ed8P op 'MBt 01 ~uJPJOOOB paTJITenb ATnp ~uTaQ P-:iq/B1{P. cHn 01 pau~Ts 8Je seWEU asoqM sassau:nM aq1 ./ pue .. ~!fZ'?,!tvtl ~do/;f/'''M ( B~1uaJ JO A1unoJ :SS' ( ( BTUBAIASUU8d JO q11~aMuowwoJ ...--...----.. 4 .... . " IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE OF PENNSYL VANIA ) ) SS: ) COUNTY OF CUMBERLAND In the Matter of the Estate of SARA E. RAYMOND LYON, deceased. ) ) ) ESTATE NO. 21-01-0976 CERTIFICA TE OF SERVICE I hereby certify that I have served a true and correct copy of the within PETITION FOR CITATION on the followingperson(s), by placing same in the United States mail, certified delivery, postage prepaid, to: Susan N. Brinton, Executrix c/o Charles B. Swidart, Esquire Attorney of Record 223 Washington Street Huntingdon, Pennsylvania 16652 By: Dated: ~ ~ 'g /0 ~ I OC Ont ZZ 81:1 ZOo _,fiat! l()~)38 IN RE: ESTATE OF SARA E. RAYMOND LYON IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2001-0976 CITATION WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why the decree of the Register of Wills admitting to probate a certain writing dated September 13.1999. as the will of Sara E. Raymond Lvon, Deceased, should not be vacated and the decree of the Register of Wills set aside, the issue directed to trial by a lury the following questions of fact: 1) whether at the time of execution of the writing the Decedent was a person of sound mind; 2) whether the said writing was procured by undue influence. duress and constraint practiced upon the Decedent bv Susan N. Brinton, and others. Returnable 20 days from service. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 7th day of March , 2002. CHARLES B. SWIGART ATTORNEY AT LAW 223 WASHINGTON STREET HUNTINGDON, PA 16652 (814) 643-4840 FAX: (814) 643-1909 March 22, 2002 '02 f'IAR 25 P12 :25 Mary C. Lewis, Register of Wills Clerk of the Orphans Court Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 C,e, Cl!ITiL.i Re: Estate of Sara E. Lyon File No. 2001-00976 Dear Ms. Lewis: I am the attorney for Suzanne M. Brinton, Executor of the Last Will and Testament of Sara E. Lyon which was probated in your office. On or about February 18, 2002, I received a copy of a Petition for Citation from the office of R. Bruce Manchester, an attorney in Bellefonte, Pennsylvania. Shortly thereafter, I spoke by telephone with Ralph Wright about this matter and whether the Petition as filed would be considered as an Appeal from the Probate of the Will. He said that it would, but that the form of the Order would probably be changed. After that call in late February, I heard nothing from the Cumberland County Court or from Attorney Manchester. So I called the Orphans Court Clerk's Office during the week of March 11. I was informed that a Decree and Citation had been signed by the Judge on March 6, 2002, and that they were forwarded to Attorney Manchester on March 7, 2002 for service. This letter is to advise you that as of this date, I have not received any Decree, Citation or other court document regarding the above estate. I am asking that this letter be filed with the records of the Sara E. Lyon Estate to document that the Decree and Citation have not been served upon me or upon the Executor of the Lyon Estate. Very truly yours, ~B CHARLES B. CBS/gsc pes: Suzanne Brinton R. Bruce Manchester, Esquire IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE OF PENNSYLVANIA ) ) SS: ) COUNTY OF CUMBERLAND In the Matter of the Estate of SARA E. RAYMOND LYON, deceased. ) ) ) ) ) ESTATE NO. 21-01-0976 Appeal of Donald Knisely NOTICE OF APPEAL TO THE REGISTER OF WILLS AND SAID COURT OF CUMBERLAND COUNTY: Notice is hereby given that Donald Knisely, surviving heir of Sara E. Raymond Lyon, hereby appeals to the Court of Common Pleas the Decree dated October 24, 2001 of the Register of Wills of Cumberland County admitting the Last Will and Testament of Sara E. Raymond Lyon dated September 13,1999 to probate. This Decree is evidenced by the attached copy. Respectfully submitted, MANCHESTER & ASSOCIATES Dated:'~ 1-, ~ - 0 ~ ~~~ R. Bruce Manchester, Esquire Attorney for Donald Knisely Attorney ID #28535 124 West Bishop Street Bellefonte, P A 16823 (814) 355-5421 WILL REGISTER OF WILLS OF CUMBERLAND COUNTY Estate of SAM.JJ;...~X9.N, Deceased File No. -~.t..--Q!.-:.9.26.. PETITION FOR PROBATE and GRANT OF LEITERS ~tate of~~_~~It)(~~~........_............_.__ W)g:~_S..t\M~YMQ~.LX~N~......Deceased Social Security No.J~4:Ql:J.1J.~........______... To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner is the executQ{ named in the Last Will of the above decedent, dated S_e'p!~!p.Q~I_J.~1.~~~9 and codicil(s) dated: HQP~__..uu.......... (State relevant circumstances, e.g. renunciation, death of executor, etc) .. . Decedent was domiciled at death in u......______......_..................uO!ro!!c;dm,4uQ}P..J!tyJ r~Qns.YlyPJ}i~, with b~J: last family or principal residence at: .tIQQ_MilI.~~!.~tI:~t..~nJfiaJ~.f\. 11QJ.1. (List street, number and municipality) Decedent, then .6~ years of age, died :1~.P.t~PJ.~r.~~_~.Q9.1 at M~P.Qr.Q1r~.w~fit.i>>.~.>>.~ r~IJP..~!Yi!lJj~. " Except as follows, decedent did not marry, was not .divorced and. did not have a child bOrn or adopt~ after execution of the will offered for probate; was not the victim of a killing ~d was never adjudicated an incapacitated person: NQP~ ~' Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) . Personal property in Huntingdon County Value of real estate in Pennsylvania situated as fOll?,ws: NQn~.:.., ' $lP.s.Q9.Q,Q!! $ ............. $ ............. $ . ._._~....... WHEREFORE, petitioner respectfully requests the probate of the Last Will presented herewith and the grant of letters ~~tJ!m~nt~ thereon. (Testamentary, adminIstration c.I.a., administration d.b.n. c.I.a.) '\. !I' Signature and Address of Petitioner: , . r S~.~~....~(~~........_... Post Office Box 58 ~.~~.I!~Je~..l~:7.~._..._~........__....._....... (Address) (814) 635-2656 SSN 192-34-6391 !', I : I, .' . - . -? ~ rq' '0. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF HUNTINGDON The petitioner above named swears or affirm that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent petitioner will well and truly administer the estate according to law. . Sworn to or affirmed an4 subscribed ~r9 II}e this ____,_f....d{____.. day of .~.-...---.....-.--..... 2001 Q.ILuZ.~~...... ~~ RegisteF6'l Wills ~iiii~.:~~.4..-:................ No....~J.-O 1-976 Estate of a~.E'l.LX.QN, Deceased DECREE OF PROBATE AND GRANT OF LE'ITERS // / AND NOW, ...QCI1...~!t.............." 2001, in consideration of the petition on.the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instru- ment dated S~Rt~wh~r.1J",.lW~ described therein be admitted to probate and moo of record as the Y!~t.~ilJ of ~MA.E~.~XQN, and .Mn~ro..r~~nw.:y are hereby granted to au~..M, lllUNIQN. FEES ~.~~~~ Probate, Letters, Etc. . . . $ .....!~,: 2.0 x-pages 6.00 Short Certificates ( )... $ ......1. no QlflIl~~.~~ ~Mg~ts.JIQ, NQI.f&11Ji.. ...-........... AITORNEY (Sup. a. I.D. No.) Renunciation. . . . . . . . . $.__......... Inventory. . . . . . . . . . . $_____..__. Inheritance Tax Return. . $ __.......... JCP 5.00 TOTAL. . '0 .$~..~_Q!t.:.P.o ~~~ 1Y it~bi!lgtQ!! .str~~J~.R\lJ!tiJlg,<!9J!s.fAJfit}~~~\ ADDRESS I. .... L&!fl ~~~:5.fMj}..__.....~....... _~.. u... - _.~ - u u. u__ PHONE . Filed'. .........__.~9::?~7_~9!!!.._._.__... IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE OF PENNSYLVANIA ) ) SS: ) COUNTY OF CUMBERLAND In the Matter of the Estate of SARA E. RAYMOND LYON, deceased. ) ) ) ESTATE NO. 21-01-0976 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the within NOTICE OF APPEAL on the following person(s), by placing same in the United States mail, certified delivery, postage prepaid, to: Susan N. Brinton, Executrix c/o Charles B. Swidart, Esquire Attorney of Record 223 Washington Street Huntingdon, Pennsylvania 16652 By: -1l~ ~# R. Bruce Manchester, Esquire Dated: ~/ 1---r---o1(/ R. BRUCE MANCHESTER & ASSOCIATES A TIORNEYS AT LA W R. Bruce Manchester, Esquire Brian V. Manchester, Esquire 124 West Bishop Street Bellefonte, Pennsylvania 16823 1-800-243-4878 Fax 814-355-1499 814-355-5421 April 1, 2002 Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 RE: Estate of Sara E. Lyon Cumberland County Estate No. 21-01-976 To whom it may concern, Enclosed for filing please find the original and one copy of the Notice of Appeal and Certificate of Service as well as the required filing fee for same. Kindly file the original of record and return the enclosed copy, time-stamped, to my attention using the enclosed postage prepaid envelope. Should anything further be required, please let us know.. Sincerely, STER & ASSOCIATES ,.... ,... :...JI",,, a \~:: d N teven F. Smith, Parall~gal 26 ::::0 sfs enclosure l '-0 cc: Charles B. Swidart, Esquire Donald Knisely .:...:.. ~ \!-o ~CS Q00 ~.--..... .... ? -. , ,.. 0... ,p ;t ';', >~ c/'.l ~ ~ Q o rJ).~ ~~~ ~1::~ ~rJ).~ ,.J Po ~ ~~~ c..... .~ ~ &)~eS ~....~ %~o u~~ '-, '7"."., .......'1 ~ ~ ....1 ~ ~ . -' ~ ? ~ ~ o :: u ~ : H(<"l- ~~--== ~ 0"0 : if) ?O d'\ r- =: -'"' 1.1-' __ ... ~U~<C: ~"9 ~O~== 4-4 ~ "'_ O.-~~ : ~ 'Q) ~ if) ..::. ~ r. ~ ~ _ t)'dO~: . '5b H U C,,) ..::. ~8-- V?-/b-6- BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEHENTI ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX '02 [\PR -1 F12 :48 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN CHARLES B SWIGART 223 WASHINGTON ST HUNTINGDON PA l.~~:~2 Clilnt;:; 03-25-2002 LYON 09-08-2001 21 01-0976 CUMBERLAND 101 Amount Remitted *' IEY-1547 EX AFP COl-02) SARA E MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLEI PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ RE-\i:is4"j-E;fAFP--foi-:02i--NCificE--OF--ftitiEiiYflNCi-TA;c-APPRAIsiifENT-:--Ai:rciwAirci-oi----------- - -- --- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF LYON SARA E FILE NO. 21 01-0976 ACN 101 DATE 03-25-2002 TAX RETURN WAS: (X) ACCEPTED AS FILED ) CHANGED I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect ~igures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. A.ount of Line 14 at Spousal rate (15) 16. A.ount of Line 14 taxable at Lineal/Class A rate (16) 17. Amount of Line 14 at Sibling rate (17) 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due TAX CREDITS: RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Hortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Hisc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Hisc. Expenses (Schedule H) 10. Debts/Hortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) UO) NOTE: .00 14.124.00 .00 .00 .00 39,153.70 .00 (8) 81982.87 1.862.72 (11) (12) (3) (4) .00 X 00 = .00 X 045 = 21000.00 X 12 = 401432.11 X 15 = NOTE: To insure proper credit to your account I submit the upper portion of this for. with your tax payment. 531277.70 10.84'; 59 421432.11 .00 421432.11 (9)= .00 .00 240.00 61064.82 61304.82 I "' I ....... . "..~..... . IT l+J AHOUNT PAID DATE NUHBER INTEREST/PEN PAID (-) 12-03-2001 CDOO0602 315.24 51989.58 TOTAL TAX CREDIT 61304.82 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 . IF PAID AFTER DATE INDICATED I SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $11 NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR)I YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.) J, · R. BRUCE MANCHESTER & ASSOCIATES A'n'ORNEYS AT LAW R. Bruce Manchester, Esquire Brian V. Manchester, Esquire 124 West Bishop Street Bellefonte, Pennsylvania 16823 814-355-5421 1-800-243-4878 Fax 814-355-1499 April 5, 2002' Charles B. Swigart, Esquire 223 Washington Street Huntingdon, P A 16652 RE: Estate of Sara E. Lyon Cumberland County Estate No. 21-01-976 Dear Mr. Swigart, Enclosed you will find an original Citation as well as a certified copy of the Preliminary Decree from the Orphans' Court of Cmnberland County . We received 2 of each document from the Court on March 11th. I contacted the Orphans' Court within a couple days thereafter and ask why we had 2 copies, and to make sure that a copy was mailed to you. They advised me that they would have sent a copy to each attorney of r~~ord. '- Please feel free to call with any questions. Sincerely, MANCHEjER & ASSOCIATES sfs enclosure " cc: Mary C. Lewis, Register of Wills f " J J .. IN RE: EST A TE OF SARA E. RAYMOND LYON IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2001-0976 CITATION WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the sa id Court there to be held, for the County of Cumberland to show cause why the decree of the Register of Wills admitting to probate a certain writing dated September 13,1999, as the will of Sara E. Raymond Lyon, Deceased, should not be vacated and the decree of the Register of Wills set aside, the issue directed to trial by a iury the ,~ollowing questions of fact: I) whether at the time of execution of the writing the Decedent was a person of sound mind; 2) whether the said writing was procured by undue influence, duress and constraint practiced upon the Decedent by Susan N. Brinton, and others. Returnable 20 days fi'om service. Witness my hand an official seal of office at Carlisle, Pennsylvania, ~ ~"." I - i , - , ~ f '. MAR 0 1 2002 ~ IN THE OFFICE OF TI-IE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE OF PENNSYLVANIA ) ) SS: ) In the Matter of the Estate of SARA E. RA YMOND LYON, deceased. ) ) ) 00 ~~. IT ,~ <Ii . d N JJ JJlt.: CD n (-~-: () COUNTY OF CUMBERLAND r.i~~ ESTATE NO. 21-01-09..76 3 :J:;> ::0 I 0\ -0 W ..,- ';N. W \D ;~LIMINARY DECREE AND NOW, this ~ day of ,2002, upon consideration of the annexed petition of Donald Knisely, a citation is awarded, directed to Susan N. Brinton c/o Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, Executrix, and to Charles B. Swidart, Esquire, 223 Washington Street, Huntingdon, Pennsylvania 16652, attorney, to appear and show cause why the decree of the Register of Wins admitting to probate a certain writing dated September 13, 1999, as the will of Sara E. RaYmond Lyon, Deceased, should not be vacated and the decree of the Register of Wills set aside, and the issue directed to trial by ajury the fl[,1l . questions of fact: .. > 1. whether at the time of execution of the writing the Decedent was a person f sou Retumabl~~. , &M ~V,~-(, . By the Court: mind; 2. whether the said writing was procured by undue influence, duress and constrain practiced upon the Decedent by Susan N. Brinton, and others. ;, . '~'. . ~...- .... ~ ~~ .... ~ . ~~j~ rnrn.!.c . . ~ 0 ~< ~~ Q) C rJj ~ E'~ Q),~ 0 C ",...,c - ..... :s ~.. .....:I:: ~=< ..c= U~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA ORPHANS COURT DIVISION In Re Estate of: No. 21-2001-0976 SARA E. LYON, Deceased ANSWER TO CITATION TO SHOW CAUSE Suzanne M. Brinton, Executor of the above captioned Estate, by her attor- ney, Charles B. Swigart, makes this Answer in response to the Citation to Show Cause dated March 6, 2002 by answering each of the allegations contained in the Petition for Citation. 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. The allegation does not identify what is being referred to as "a penultimate Will." Since Donald Knisely is a beneficiary under both Wills attached as exhibits to the Petition for Citation, Respondent is unable to answer further. 5. Denied for the same reason as in paragraph 4 above. 6. Denied as a conclusion of fact or law. Respondent submits that there are multiple parties in interest regarding the Estate of Sara E.Lyon including Donald Knisely, but also including Respondent, Suzanne M. Brinton. 7. The existence of other Wills is neither admitted nor denied since such facts are not within the personal knowledge of Respondent. Proof of any other Wills is demanded. 8. The location of other Wills is neither admitted nor denied since such facts are not within the personal knowledge of Respondent. Proof of any other Wills is demanded. 9. Admitted. Respondent also notes that the Notice required under Orphans Court Rule 5.6(a) was served on all beneficiaries of the Estate including Donald Knisely, and that Certification of such Notice was filed with the Register of Wills on or about November 1, 2001. In addition, the Inheritance Tax Return was .-~ ~ ~ ~~ .~.. ~ . ~~j~ r.nr.n~d' . . ~ 0 ~< ~~ Q) r:::: (/J ~ E'c Q)~ 0 r:::: 't:.~ ~ ~ ~=< ~= U~ filed on or about December 3, 2001 and has been accepted as filed by the Pennsylvania Department of Revenue on March 25, 2002. 10. Denied as a conclusion of fact or law. Respondent believes that Sara E. Lyon possessed the necessary testamentary capacity on September 13, 1999 when she executed the Will that has been admitted to probate. 11. Admitted. 12. Denied. Sara E. Lyon was in an acute, confused mental condition at the time of her admission to Centre Community Hospital on July 31, 1999 due to severe dehydration. But she was not in the same condition at the time of her discharge. Sara E. Lyon was discharged to the care of Suzanne M. Brinton because her doctor at the hospital directed that she could not live in her home alone. Donald Knisely was contacted and asked if he would care for Sara E. Lyon either in his home or in her home, and he declined to do so. 13. It is denied that Suzanne M. Brinton removed Sara E. Lyon from her home. Sara E. Lyon was discharged from Centre Community Hospital to the care of Suzanne M. Brinton on August 6, 1999. The locks were changed on or about August 2, 1999 while Sara E. Lyon was a patient at the Centre Community Hospital. This action was taken because of certain threatening telephone calls received by Suzanne Brinton while she was staying at the Lyon residence. These threatening telephone calls were reported to the Bellefonte Police Department at the time. It is specifically not alleged that Donald Knisely made these telephone calls. They were made by another person. 14. Admitted that the real estate was sold on the date and at the price mentioned. However, any implication that the real estate was sold for an inade- quate price is denied. Respondent had listed the property with two different real estate agents over a period of many months in 2000. The sale price was the highest offer received during the time the property was for sale. 15. The home of Suzanne M. Brinton near Saxton, Pennsylvania is almost ninety miles from Bellefonte. It was not practical to continue medical appointments with Dr. Hall. 16. Denied. Sara E. Lyon spent the last five months in personal care and nursing facilities. Her assets were used for her care and maintenance. 17. Admitted. These arrangements were made to improve the quality of life for Sara E. Lyon. 18. Denied. -2- ~~ ~ ~ &:O~ .fOIl lfOIl ~ ~ ~~j~ CI1C11~d' 1 . ~ 0 ~< ~~ o s:: (/J ~ E'~ aJ,~ 0 s:: ~-....::3 ~.,. ....:I: ~=< ,.c:= U~ 19. Admitted that Suzanne Brinton has been divorced from Gary Knisely for about thirty years. However, Suzanne's daughter, Michelle, and Suzanne continued a relationship with Sara E. Lyon's parents as well as with Sara E. Lyon. Suzanne did not "pose" as a niece. Sara Lyon referred to her as her niece. 20. Admitted. 21. Denied as a conclusion of fact or law. Sara E. Lyon's physical and mental health deteriorated as she aged, but her general health was good at the time she executed her Will on September 13, 1999. 22. Denied. On September 13,1999, Sara E. Lyon was aware of the extent of her property and estate, the identity and relationship of members of her family, and her desired disposition of her estate. It is noted that her health had improved at the time of her discharge, and that the Will was executed 38 days after her discharge. 23. Denied. Sara E. Lyon was able to express her personal wishes free from the influence of others, and did so. 24. Denied. The scrivener of the Will met with Sara E. Lyon on September 6,1999 and again on September 13,1999. Sara E. Lyon dictated the provisions of her Will. 25. Denied as a conclusion of fact or law. 26. Denied as stated. Petitioner has failed to state allegations of fraud with particularity as required. 27. Denied as stated. Petitioner does not explain what is meant by the words, "Despite the aforesaid declaration of intent by decedent." Without such explanation, Respondent is unable to further answer. 28. The Will of September 13, 1999 speaks for itself as do any other testamentary writings. The allegations are denied as conclusions of fact or law. 29. The Will of September 13, 1999 speaks for itself as do any other testamentary writings. The allegations are denied as conclusions of fact or law. 30. The Will of September 13, 1999 speaks for itself as do any other testamentary writings. The allegations are denied as conclusions of fact or law. 31. Denied as stated. Petitioner does not explain what is meant by the words, "expressed dispositive scheme" and "declaration of intent as set forth -3- ~~ ~ M ~~ .,...,.. ~ . ~~j~ rflrfl.!.d' . . ~ 0 ~< ~~ o J:: (/J ~ E'c Q):=Q) 0 J:: ~ .....:s ~. .....::t: ~=< ~= U~ hereinabove." Without such explanation, Respondent is unable to further answer. It is again noted that Petitioner has failed to state allegations of fraud with particularity as required. 32. It is denied that Sara E. Lyon lacked understanding of the provisions of the Will dated September 13, 1999 when she signed it. WHEREFORE, Executor/Respondent requests the Court to discharge the Citation. Charles B. wig , Attorney for Executor spondent Supreme Court LD. N . 06716 223 Washington Street Huntingdon, P A 16652 (814) 643-4840 -4- VERIFICATION I verify that the statements made in this Answer to Citation to Show Cause are true and correct to the best of my knowledge, information and belief. I under- stand that any false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ~ l1 ~ (\\ ~ ~-t;." Suzai;i:.e M. Brinton t t April \ 1 , 2002 ~~ '1"4'" ~ cd ~ ~ j~ r.nrn~d . . ~ 0 ~< ~~ ~ r::: r/J M E"a Q),~ 0 r::: ~ - ... ::3 ~ '2 < := ~e= u~ ..~ ~ ~ ee ('J 0i)b1l tt'"l'. ~ cd ~ ~ j~ ~"r" I .. \..n IJ~ ~ t:: . . I 0 ~< ~~ 4) t:: 00 ~ E';: Q):=Q) 0 t:: .....t ...::1 ..... ...~ ~c:< ...Qd U~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA ORPHANS COURT DMSION In Re Estate of: No. 21-2001-0976 SARA E. LYON, Deceased PROOF OF SERVICE Counsel for ExecutorlRespondent certifies that he mailed a copy of the attached Answer to Citation to Show Cause to the following person at the address listed below by first-class mail on April 17, 2002: R. Bruce Manchester, Esquire 124 West Bishop Street Bellefonte, PA 16823 (Counsel for Donald Knisely) Charles B. Swiga , Attorney for Suzanne ExecutorlResponden April 17, 2002 STATUS REPORT UNDER RULE 6.12 CoK v/ ;. - ~ Name of Decedent: SARA E. LYON Date of Death: 09/08/01 Will No.: 2001-00976 Admin. No.: Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes M No 0 SEE ATTACHED NOTE 2. lfthe answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No fil b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes 0 No IXk Date: c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. ~O/03 ~ B };r Signature (/ Charles B. Swigart Name 223 Washington Street Huntingdon, PA 16652 FJ Address , y., -~j (814) 643-4840 Telephone No. Capacity: 0 Personal Representative fit Counsel for personal representative .. . ~. . Re: SARA E. LYON File Number 2001-00976 On March 6, 2002, on Petition of Donald Knisely, a Preliminary Decree and Citation regarding the probate of the Will of Sara E. Lyon were filed. The Personal Representative filed an Answer to Citation on April 1 7, 2002. There has been no further action on the Citation. The Centre Daily Times reported that Donald Knisely died on September 1, 2002. :' = ~ ~ 8 ~ ~ ~Q) "~ Z j ~ ,." ~ I ~ VJ. ~ ..... c . ~ ~ 0 c:Q f/:J"O ~OJ) l,ool 11) C rJJ ~ E''= Q),." 0 c ~ VJ. ..... ;:J ~ ~ <~ ~~ u "8 = Q) ~ , \ , ~20M IN THE COURT OF COMMON PLEAS OF CUMBEJ!AND COUNTY, PA ORPHANS COURT DIVISION In Re Estate of: No. 21-2001-0976 SARA E. LYON, Deceased ~ AND NOW, this (, " day Of~,:pon consideration of the Motion to Dismiss Citation filed by Suzanne M. Brinton, Executor of the above Estate, IT IS HEREBY ORDERED AND DECREED that the} "1~1 ~u- n_u.ntn Illa Qi""nt:1- \"1 .:I:~ ui ~_J f_I1 ::: ;_~::: ;:~:~:~:t.t~~. ~~tll ~ "-~~.~CJ~~~~U I (" tb4tr .. CW"~-t · By the Court, " -qLUi \~) 9E: 6 \J 6- :JflV 170. t: } ~ C;;l ~ 8 ~ ~ ~~ o~ Z j ~ rr. ~ I ~ 'JJ. ~ ~ c o~ 10 ~ "'II CIl "0 ~;>'bI) o. Q) C rJJ ~ E"':: ~ rr. 0 C ~ 'JJ. .... ;:::l ~~~~ J:~ u 02 ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS COURT DIVISION In Re Estate of: No. 21-2001-0976 SARA E. LYON, Deceased MOTION TO DISMISS CITATION Suzanne M. Brinton, Executor of the above captioned Estate, by her attorney, Charles B. Swigart, makes this Motion to Dismiss the Citation to Show Cause dated March 6, 2002 on the grounds that the Petitioner who sought said Citation has taken no action to pursue the matter for over two years. In support of this Motion, the Executor states the following: 1. Sara E. Lyon died on September 8,2001. 2. Letters Testamentary were granted to Suzanne M. Brinton by the Register of Wills of Cumberland County on October 24,2001. 3. The Pennsylvania Inheritance Tax Return was flied by mail on December 3,2001. The Return was accepted as filed by the Pennsylvania Department of Revenue on March 25, 2002. 4. A Preliminary Decree awarding a Citation to Show Cause why the Decree admitting the Will to probate should not be set aside and vacated was filed March 6, 2002. 5. A Notice of Appeal from Probate was filed on March 28, 2002 by R. Bruce Manchester, Esquire on behalf of Donald Knisely. 6. An Answer to Citation to Show Cause was filed on April 17 , 2002. 7. It was reported in the Centre Daily Times that Donald E. Knisely died on September 1, 2002. 8. No action has been taken to pursue the Appeal from Probate and the Citation since April 17 , 2002, a period of over two years. WHEREFORE, the Executor moves that the Appeal from Probate and Citation be dis- missed for failure to actively pursue the matter under Rule 1901 of the Rules of Judicial Administration and local implementing rules. ,/ : July 12, 2004 Charles B. Swigart, Attorney for Executor pondent Supreme Court LD. No. 06716 223 Washington Street Huntingdon, PA 16652 (814) 643-4840 , c= ~ ~ s ~ ~ ~a) .~ z j ~ ",.., ~ I .. 'J.J. ~ td c: . ~ I 0 ~ Jo.I\ rJ'J "t:I 1!MI:>,b1) ."", a) c: rJ; ~ E';:: ~rn23 ~~~:I: ~~ U.a = a) ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA ORPHANS COURT DIVISION In Re Estate of: No. 21-2001-0976 SARA E. LYON, Deceased PROOF OF SERVICE Counsel for Executor/Respondent certifies that he mailed a copy of the attached Motion to Dismiss Citation and suggested Order to the following person at the address listed below by first-class mail on July 12,2004: R. Bruce Manchester, Esquire 124 West Bishop Street Bellefonte, P A 16823 (Counsel for Donald Knisely) Charles B. Swigart, Attorney for Suzanne Executor/Respondent July 12, 2004 ,~.~~ ~. ':'1';' = ~ ~ 8 ~ ~ ~Q) .~ Z j ~ ,.r. ~ I ~ 'JJ. ~ ..... c . ~ ~ 0 ~ 10.1\ (/J "'0 \JolV>'bO .. ~ c 00 ~ E'C ~,.,.., 0 c ~ 'JJ. ..... ;:::l ~~<~ ,.c~ u .2 = aJ ~ v.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS COURT DIVISION .04 SEP -8 A9 :55 In Re Estate of: C'Sf CluntJ,:;" No. 21-2001-0976 SARA E. LYON, Deceased ORDER ~ AND NOW, this 1: day of September, 2004, upon consideration of the Motion to Dismiss Citation filed by Suzanne M. Brinton, Executor of the above Estate, and upon motion of Charles B. Swigart, Attorney for Petitioner; and after service of a Rule upon the Appellant to show cause why the Petition should not be granted pursuant to the Order of Court dated August 6, 2004, it appearing to the Court that no objections have been filed, IT IS HEREBY ORDERED AND DECREED that the Appeal from Probate and Citation be dismissed for failure to actively pursue the matter under Rule 1901 of the Rules of Judicial Administration and local implementing rules. By the Court, . -:"'Llli \~J t~~:;;) . Let O[lf 8- d3S 170. ~: ..r~. . ..- ~"~1