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Home My WebLink About09-02-08RE: ESTATE OF GEORGE M. TURNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~', PENN~LVAN-I~~ cn NO. 21-08-0161 ~~nw~ `.,, ;:~ i ,=1,'~ ~i-i ORPHANS' COURT DI~#O~ N ~-~ ,-~, ~~ ~ .~ [~3 'i~l ~ - -1 PETITION TO TERMINATE RESIDENCY RIGH~~ - ~'~' ~~ .. _ ., . ,. ` ., Helen T. Groff, Executrix of the Estate of George M. Turner, Deceased, by her attorneys, baker & Brenneman, P. C., submits this Petition as follows: 1. Petitioner is Helen T. Groff, duly appointed Executrix of the Estate of George M. Deceased, by grant of Letters Testamentary issued by the Register of Wills of berland County, Pennsylvania on February 1 S, 2008. 2. Respondent is Deborah B. Turner, an adult individual and surviving spouse of George Turner, who is presently located in the Cumberland County Prison. 3. George M. Turner (the "Decedent") died February 1 1, 2008 having made his Last Will Testament dated August 2, 2006 (the "Will"), which Will was submitted to probate on ebruary 15, 2008. 4. Pursuant to Paragraph Third B of the Will, the real property owned by George M. urner and lacated at 2200 Harvard avenue, Camp Hill, Pennsylvania (the "Property') was given Decedent to his daughter, Lexa R. Turner, subject to the right of Respondent to reside in the on the property for a period of one year starting from the date of Decedent's death Respondent pays "for the utilities and taxes for that year." A true and correct copy of Will is attached hereto and incorporated by reference herein as "Exhibit A". 5. Respondent has failed and refused to pay for the utilities and real estate taxes pplicable to the Property provided, assessed and billed after the date of George M. Turner's LAW OFFICES SNELBAKER 8C BRENNEMAN. P.C. eath. 6. As a result of Respondent's failure to pay for utilities servicing the Property, the ~lectric service at the Property has been terminated, the sewer and water account is delinquent ~nd taxes on the Property remain unpaid. 7. The condition of Respondent's ability to reside at the Property; that is, her payment of axes and utilities, is not being met. 8. As a result of Respondent`s failure to pay the taxes and utilities, the costs of such utility services and outstanding taxes assessed have become and will be the responsibility of the (state to pay. 9. In addition to the above, Respondent has left the Property deteriorate and it is ~resently in a state of disrepair. WHEREFORE, Petitioner requests this Court to: A. Issue an Order terminating and ending Respondent's right to reside at the Property at 2200 Harvard Avenue, Camp Hill, Pennsylvania. B. Order and direct Respondent to pay all outstanding utility bills and taxes assessed against and pertaining to the Property incurred subsequent to George M. Turner's death; and C. Grant Petitioner such other and additional relief that this Court deems just and appropriate. SNELBAKER & BRENNEMAN, P. C. ~~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 September 2, 2008 Attorneys for Petitioner Helen T. Groff, Executrix LAW OFFICES SNELBAKER SC _2 BRENNEMAN. P.C. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. Helen T. Groff, Execut September 2, 2008 LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. of GEORGE METZGER TURNER I, GEORGE METZGER TURNER, a resident of the County of Cumberland and Commonwealth of Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. FIRST: I direct that the just expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. SECOND: My family consists of my Wife, Deborah Belle Turner, my Daughter, Lexa Rae Turner, and my Sister, Helen Turner Groff. I do not wish for the following persons to inherit: my step-son Rn~an Michael Sn-:ith and Daniel George Sanger. THIRD: I make the specific devises and bequests to the following persons: A. My old gold Diamond engagement ring which is currently in the 1 EXHIBIT A custody of my Wife, to my daughter, Lexa Rae Turner. B. The real property located at 2200 Harvard Avenue, Camp Hill, PA 17011, which I have owned free and clear prior to my marriage, to my L-laughter, Lexa Fiae Turner. Provided however, from the date of my death and for one-year thereafter, my Wife, Deborah Belle Turner may reside in the home provided that she pay for the utilities and taxes for that year. C. All of the furniture in the home and household belongings as well as the 1999 Chevrolet Cavalier Z24 to my Wife, Deborah Belle Turner. D. My 1987 Mercury Grand Marquis to my friend, Walter E. Trayer. FOURTH: I devise and bequeath all the rest, residue and remainder of my estate to my Wife, Deborah Belle Turner and to my Daughter, Lexa Rae Turner, share and share alike. In the event that my Wife does not survive me by at least thirty (30) days, then I devise and bequeath all the rest, residue and remainder of my estate to my Daughter, Lexa Rae Turner. FIFTH: I appoint my Sister, Helen Turner Groff, as Executor of this, 2 my Last Will and Testament. SIXTH: In the event she predeceases or fails to qualify, I appoint my Daughter, Lexa Rae Turner, as Executor of this my Last Will and Testament. SEVEN T I-I: I authorize my Executrix or Executor to have all of the power and authority conferred under the Probate, Estates and Fiduciaries Code, and specifically I grant upon my Executor the full power and authority to sell real estate and personal property and to deliver good deed to the same without court order. EIGHTH: These authorities shall extend to all real and personal property at any time held by my Executrix or Executor, and shall continue in full force and effect until the actual distribution of all such property. All powers, authorities and discretion granted by this Will shall be in addition to those granted by law and shall be exercisable without leave of Court. NINTH: I direct that all estate, inheritance, transfer and succession taxes, federal, state and foreign of any kind whatsoever, which may be due and payable as a result of my death, together with all interest and penalties 3 thereon, with respect to the property includable for such tax purposes, shall be paid from the principal of my residuary estate. I authorize my Executrix or Executor to pay such taxes at such time or times as he in his absolute discretion, may deem advisable. TENTH: Until actual distribution, no part of the income or principal shall be subject to anticipation or alienation by any beneficiary nor shall it be subject to attachment because of the obligations of any beneficiary. ELEVENTH: I direct that my Executrix or Executor shall not be required to give bond for the faithful performance of his duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~45~ , 2006. ~~ RG ETZG URNER~ The preceding instrument, consisting of this and (.j) other 4 typewritten pages, was on the day and date thereof signed, published and declared by ,the Testatrix/or therein named, as and for her his Last Will, in the presence of us, who, at her his request, in her his presence, and in the presence of each other, have subscribed our names as witnesses hereto. ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK Before me, a Notary Public in and for said County and Commonwealth, personally appeared the undersigned Testatrix/or and witnesses who, being duly sworn according to law, did acknowledge, depose and say: We, GEORGE METZGER TURNER, the undersigned TestatrixLor, and the undersigned witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do 5 hereby depose, declare and acknowledge to the undersigned authority that the Testatrix/or signed, declared and executed said instrument as her his Last Will in the presence, hearing and sight of the witnesses and that Testatrix/or signed willingly and executed said Will as her his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence, hearing and sight of the Testatrix/or and of each other, signed said Will as witness and that to the best of each affiant's knowledge, the Testatrix/or was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed to bef re me this ~ day of ~~~~ - , 2006. RAE METZG tart' Public Wi _ ~7itness Notarial Sea4 Joitn M. Ogden, Notary Public City of York, York County My Commrssion Expires Nov. 2, 2006 6