HomeMy WebLinkAbout03-0710CUMBERLAND
PETITION FOR GRANT OF LETTERS
Estate of JOHN H. MCCANN
also known as
Petitioner(s), who is/are 18 years of age or older, apply(les) for:
, Deceased
Social Security No.,,187-14-5924
(COMPLETE "A" OR "B" BELOW:)
r~ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut RICES named in the Last Will of the
Decedent, dated 7/14/03 and codicil(s) dated N/A
State relevant cimumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minodtate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
Name Relationship Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last family or principal
residence at CHURCH OF GOD HOME, CARLISLE BORO, CUMBERLAND COUNTY
(list street, number and municipality)
Decedent, then 86 years of age, died AUGUST 24, ,2003 , at CHURCH OF GOD HOME
Decedent at death owned property with estimated values as follows: (Location)
(if domiciled in PA) All personal property ......................................... $ ~T~/~9~'-, ~ (.~
(if not domiciled in PA) Personal property in Pennsylvania .................... $.
(If not domiciled in PA) Personal property in County .............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Signature
Typed or printed name and residence
KATHLEEN M. MCCANN
PATRICIA A. MCCANN
100 WINDEMERE AVE. APT 6
WAYNE, PA 19087
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of
CUMBERLAND
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent,
Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
before m/~is ~ ~ day of '/¢~A.,~_~
DECREE OF REGISTER
Estate of JOHN H. MCCANN
also known as
Deceased
No. ~.~/-~)~'~'~- .~/~
Social Security No: 187-14-5924 Date of Death: 8/24/03
AND NOW, ., 2003 , in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ~ Testamentary I-II of Administration
(c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoritate)
are hereby granted to KATHLEEN H. MCCANN and PATRICIA A. MCCANN
in the above estate and that the instrument(s), if any, dated JULY 14, 2003
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ....................................
Short Certificate(s) ...............
Renunciation .......................... $
Affidavit ( ) ....................... $
Extra Pages ( ) ..............$
Codicil ................................. $
JCP Fee ................................. $
Inventory & Tax Forms ............. $.
Other ...................................... $
$. t~.
TOTAL ............................. $.'2 ~- '~,~D~ ~
RW-7A
Attorney: DAVID W. REAGER
I.D. No: 20868
Address: 2331 MARKET STREET
CAMP HILL PA 17011
Telephone: 717-763-1383
DATE FILED:
l0q.805 REV 9/86
This is to certify that the information here given is correctly copied frmn an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
P 9506658
No.
cai Registrar
AUG g 7 2003
Date
;43Rev. 2/87
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
DECEDENT'S USUAL OCCUPAllON WAS DECEDENT EVER IN DECEDENT'S EDUCATION
John H. McCann ,. Male 187 -- 14 5924 August --,
2003
: 9-9-16 5bensburg, PA ,~,~- [] EF~Ou~Ilen, [] OC~ [] OTH~R:Nu~ OthM
Carlisle Oaurch of God Horns ,M.~,~.~.~. ,
KINOO~BUSINESS/INOUSTRY lid. Ii:'. I,o. White
IDCEDENT 'S I
100 Windermere Ave. Apt 106 ACTU~ ,7..~,,. Pennsylvania .
Wayne, PA 19087 i~.
'" , ~, c~.~ Ctrnberland
-,.[~.~.~ Carlisle
,,. onn n. ~cuann ~r. I
INFOR 'S. _M~LI AOORES~ (Stree~ C~y . Zi )
W?/,'~ , ,~ ~ I~&%o,s,.?_?',ON I~_'~E
,,.-~--~ ;"*'"' _ ~ %,,. 8-28-03 I,,cResurrection Cemetery I,,~.arrisbur, PA
~GN~I~UNERAIL _~.~'~r~ICF%IIjIEE OR PER~ON ACTING AS SUCH IUCENSE NUMeER ' '
--., "~ ~,~.".,~2~ I~""~-,#~.~ .... -.,,- ......... . ....... . ,
lems24:2~mu~beco~,~;.i~lby hIMEOFOEATH ~ ' IDATEPRONOUNCEOOEAD,M~*.- ~a ~--,
. I-. 5:lot M I,, O$-~+-O3 I ~..[]
IMMEDIATE CAUSE (E~'~al I ( f' ~ ~nMC L't4 4ellh lng ~ cause g~ m F'ART I.
DUE TO (Off AS A COt~EOUENCE O~: t '~
DUE 70 (OFI AS A CONSEOUENCE C~:
DUE TO (OR AS A CONSEQUENCE 0~:
~ AN AUIlO~SY~WERE AUTOPSy FINDINGS
PERFORMED?/AVAILABLE PRK)R TO
COMPLETION O~ CAUSE
D~-ATH?
J28b.
[] |30~. 13o~. u.
NAME AND AOORESS OF PERSON WHO COMPLETED CALL~ C~ DEATH
[Item 27) Type o~ Print ..
OIL. O~y~ ~~r
~ATE FILED(Monlh Oay. Ye~) '
I:\DWR Wills~VlcCannJ Will.wpd
July 14, 2003
LAST WILL AND TESTAMENT
OF
JOHN H. MCCANN
I, JOHN H. MCCANN of Camp Hill, Cumberland County, Pennsylvania, being of sonnd and
disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will
and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime
heretofore made.
e
e
IDENTIFICATION OF FAMII.Y. I declare that I have two (2) children whose names are
KATHLEEN M. MCCANN and PATRICIA A. MCCANN. As used in this Will, the
term "my children" refers to all my natural children and adopted children. As used in this
Will, the term "issue" refers to all lineal descendants of the indicated person of all generations,
with the relationship of parent and child at each generation determined by the definition of
"child/children" set forth in this paragraph.
PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all
the expenses of(l) a funeral or memorial service; (2) the internment of my remains, including
the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable
marker at, and perpetual care of, the gravesite. ! further direct my executor to pay all of my
debts that my executor in his or her sole discretion may allow as claims against my estate.
DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible
personal property of every kind and description, including, but not limited to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and
effects, and automotive vehicles and their accessories, but excluding any money, evidences
of indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, to my children, in equal shares, or to the survivor of the
two of them.
e
DISPOSITION OF RESIDUARY ESTATE.
4.1
Disposition. All of the rest, residue and remainder of the property that I own at the
time of my death, both real and personal, and of every kind and description, wherever
situated, to which I may be legally or equitably entitled at the time of my death (my
"residuary estate"), I give outright and absolutely in substantially equal shares to my
children, KATHLEEN M. MCCANN and PATRICIA A. MCCANN, or to the
survivor of the two of them.
4.2.
In the event both of my children are not living on the sixtieth (60) day after the date
of my death, I leave all the rest, residue and remainder of the property that I own at
I:LDWR WillsklglcCannJ Will.wpd
July 14, 2003
Se
the time of my death, both real and personal, and of every kind and description,
wherever situate, to which I may be legally or equitably entitled at the time of my
death (my "residuary estate") in equal shares to JANE ADAMS, JEFFREY C.
EDMONDS, PRESTON A. EDMONDS and HOLLY J. WELTMER.
PROVIDED THAT, if any of the above named beneficiaries shall predecease me
leaving issue who survive me, then I leave the share of that deceased child to his or
her issue, who survives me, per stirpes.
POWERS OF ADMINISTRATION.
5.1.
Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 5. These powers and
authorities may be exercised by my executor and trustee in their sole and absolute
discretion, without the permission or order of any court. These powers shall be
supplementary to those conferred by law, including, but not limited to, those set forth
in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
5.2.
Retention of Assets. My fiduciaries shall have the power to retain any or all property
of my estate, however received and acquired, for so long as they deem appropriate.
This power may be exercised even though the property may not be of the type
authorized by law for investment, and even though the retention may leave a
disproportionately large amount of the value of my estate invested in one type of
property.
5.3.
Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or after my death.
The sale, transfer, or conveyance may be by public or private sale, at such time, on
such terms and conditions, including selling price and credit, in such manner, and for
any reason that my fiduciaries deem appropriate, including, but not limited to, the
purpose of obtaining net proceeds to be distributed to my residuary beneficiaries.
5.4.
Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate in preferred and common stocks, bonds, notes, common trust funds
(including any managed by any corporate fiduciary), interests in investments, trusts,
mutual funds, leases, mortgages on property wherever located, and, generally, in any
property and in proportions of property as my fiduciaries deem advisable, even though
the investments are not of the character or proportions authorized by applicable law
for the investment of the funds.
5.5.
Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow froxn any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate to secure
H. McCann
I:~DWR WillsXa~4cCannJ Will.wpd
July 14, 2003
repayment of any loan, as well as the power to renew existing loans either as maker
or endorser.
5.6.
5.7.
5.8.
Power to Hold Property_ in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as
amended, or other applicable law, and to determine which assets shall be sold and
which shall be distributed in kind, without notice to or consent by any beneficiary.
Distribution to Minors and Persons Under Disability. My fiduciaries shall have
the power to make distributions or payments to or for the benefit of any beneficiary
who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated.
The distributions or payments shall be made in any one or more of the following ways:
(1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or
expenses of the beneficiary; (3) to the guardian of the person or estate of the
beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for
the beneficiary under any law related to girls to minors, including to my fiduciaries in
that capacity; or (6) to any other person who shall have the care and custody of the
person of the beneficiary. There shall be no duty to see to the application of funds so
paid, provided due care was exercised in the selection of the person to whom the
funds were paid, and the receipt of the person shall be full acquittance of the
fiduciaries.
5.9.
5.10.
5.11.
Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or
unincorporated, in which I may have any interest at the time of my death for any
period of time, or to liquidate the business on any terms as they deem appropriate.
This power includes, but is not limited to (1) the power to invest additional sums in
any business, even to the extent that my estate may be invested largely or entirely in
the business, without liability for any loss resulting from lack of diversification; (2) the
power to act as or to select other persons to act as directors, officers, or employees
of any business, to be compensated without regard to being a fiduciary under this
Will; and (3) the power to make any other arrangements in regard to any business as
my fiduciaries shall deem proper.
Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of
services as my fiduciaries deem advisable in the administration of my estate.
Commissions. My fiduciaries shall have the power to take reasonable commissions
on account at any time during the administration of my estate without the approval
I:\DWR Willsx~VlcCannJ Will.wpd
July 14, 2003
e
of any beneficiary or of the court, but subject to allowance or disallowance on the
settlement of the final accounts of my fiduciaries.
5.12.
Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
5.13
Charitable Donations. In the event that any of my tangible personal property is
donated to a charitable organization(s) then my fiduciary is instructed to use
the value of said donation(s) as an inheritance tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
PAYMENT OF DEATH TAXES.
6.1.
Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes
payable as a result of taxes assessed on property passing under this Will shall be paid
from my residuary estate as a part of the expenses of the administration of the estate.
6.2.
Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death, limited to taxes assessed on property passing under this Will, shall be
paid out of my residuary estate and shall not be deducted or collected from any
beneficiary under this Will or other transferee.
EXECUTOR.
t
7.1.
iAgIlgJ!llllR~. I name, constitute, and appoint KATHLEEN M. MCCANN and
PATRICIA A. MCCANN, as co-executors of my estate. If both KATHLEEN M.
MCCANN and PATRICIA A. MCCANN shall not survive me, shall not serve as
executor for any reason, or shall cease to serve as executor for any reason after
appointment, I appoint DAVID W. REAGER, ESQUIRE, as successor executor.
7.2.
Bond Not Required. None of the individuals named in Section 7.1 shall be required
to furnish a bond for the faithful performance of his duties as executor.
PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this
Will, in determining whether a person has survived me or another person, a person shall not
be deemed to have survived me or another person if he or she dies within sixty (60) days of
my death or of the death of the other person.
LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of
law or of fact, or both law and fact, or errors ofjudgrnent, nor for any loss coming to any
beneficiary under this Will, or to any other persons, except through actual fraud or willful
misconduct on the part of the executor or trustee. My executor may, from time to time,
4 (J~Shn H. McCann
I:\DWR Willsh~lcCannJ Will.wpd
July 14, 2003
10.
consult with counsel with respect to the meaning, construction, and operation of this Will,
particularly with respect to the appointments, allocations, and disbursements, and may act on
the advice of counsel in all matters without incurring liability on account of his or her actions.
INTERPRETATION.
10.1
10.2
10.3
10.4
Successors of Fiduciaries· All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor,
personal representative, or administrator, as the case may be.
Number and Gender. If required by the context of this Will, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part of this Will.
Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WItEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in
the margin for the purpose of identification, this /z/~ day of July, 2003.
H. i~iCCANi~, Testator
Signed, sealed, published and declared by the above-named Testator, JOHN H. MCCANN, as and
for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence
and in the sight and presence of each other, have hereunto subscribed our names as witnesses.
Witness
Addressc~f~//~ /~
Address
July 14, 2003
COMMONWEALTH OF PENNSYLVANIA
I, JOHN H. MCCANN, THE TESTATOR, WHOSE NAME IS SIGNED TO THE FOREGOING
INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY
ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND
TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY JOHN H. MCCANN,
THE TESTATOR THIS iq-/-6 DAY OF JULY, 2003.
· ~ No~a.4a~ Seal
Kimbor~v J. C~rdv, er, Not~y P~
M~le~ Twp., Cum~an~ ~
COMMONWEALTH OF PENNSYLVANIA )
· SS.
COUNTY OF ~ )
THE WITNESSES WHOSE NAM'ES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL
AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO
THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS /5/`/-6
JULY, 2003·
WITNF~.qs
I" ' ' -' '
~ Kimbedy d. Gardner, Notary ~
J Middlesex Twp., Cuml~edand Co~r~y
j My Commisc. ioo Expires Dec. 19, 200~
6
DAY OF
JOHNH. MCCANN
REAGER & ADLER, PC.
2331 MARKET STREET
CAMP HILL, PA 17011-4642
CERTIFICATION OF NOTICE UNDER RULE 5.6 (a)
Name of Decedent: John H. McCann
Date of Death: August 24, 2003
Will No. 21-03-710
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
August 29, 2003.
Name
Kathleen M McCann
Patricia A. McCann
Address
100 Windemere Avenue
Apt. 106
Wayne, PA 19087
100 Windemere Avenue
Apt. 106
Wayne, PA 19087
Notice has now been given to all persons entitled thereto under Rule 5.6 (a) except. N/A
Date: September 2, 2003
David W. Reager, ' '
Esqmre
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Counsel for Personal Representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
REV-1162 EX(11-96)
CD 003273
REAGER DAVID W ESQ
2331 MARKET ST
CAMP HILL, PA 17011
........ fold
ESTATE INFORMATION: SSN: 187-14-5924
FILE NUMBER: 2103-0710
DECEDENT NAME: MCCANN JOHN H
DATE OF PAYMENT: 11/24/2003
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 08/24/2003
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $2,000.00
REMARKS:
TOTAL AMOUNT PAID:
$2,000.00
SEAL
CHECK# 001946909
INITIALS: AC
RECEIVED BY:
DONNA M. OTTO
DEPUTY REGISTER OF WILLS
REGISTER OF WILLS
REV-15OO EX + (6-00)
I,-
Z
LLI
z
z
0
n,.
0
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAl.
MCCANN, JOHN H.
DATE OF DEATH (MM-DD-Year) I
08/24/2003 1 09/09/1916
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
FILE NUMBER
2 1 -0 3 0
COUN'~ CODE YEAR
SOCIAL SECURITY NUMBER
1 8 7-1 4-5
7 1 0
NUMBER
9 2 4
DATE OF BIRTH (MM-DD-Year) THIS RETURN MIJST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
r~l. Odginal Return
r--'~ 4. Limited Estate
[~]6. Decedent Died Testate (Attach copy of Will}
[] 9. Litigation Proceeds Received
['--~ 2. Supplemental Return
~C--J 4a. Futura Interest Compromise (date of death after 12-12-82)
["'-~ 7. Decedent Maintained a Living Trust (Attach copy ofmruat)
r-'~ 10. Spousal Poverty Cradit (date of death between 12-31-91 and I-1-95)
J'"-~ 3. Remainder Return (date of death pdor to 12-13-82)
--15. Federal Estate Tax Return Requirad
0_.. 8. Total Number of Safe Deposi[ Boxes
[~1 11. Election to tax under Sec. 9113(A) (At~ach Sch O)
NAME
DAVID W. REAGER
FIRM NAME (If Applicable)
REAGER & ADLER, P.C.
TELEPHONE NUMBER
7170763-1383
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnemhip or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6. Jointly Owned Property (Schedule F) (6)
~ Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(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 Beductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
COMPLETE MAILING ADDRESS
2331 MARKET STREET
CAMP HILL
13. Charitable and Govemmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
PA 17011
OFFICIAL USE ONLY
57,122.61 ~
(8)
57,122.61
10,349.75
506.56
(11)
(12)
10,856.31
46,266.3O
(13)
(14)
46,266.30
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(1.2)
16. Amount of Line 14 taxable at lineal rate
17. Amount of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
19. Tax Due
20.
X (15)
46,266.30 X .:045 (16)
X .12 (17)
X .15 (18)
(19)
2,081.98
2,081.98
De, cedent's Complete Address:
STREETAD[~.ESS
CHURCH OF GOD HOME
CITY
CARLISLE
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
STATE
104.10
Total Credits ( A + B + C )
PA I zip 17013
(1)
(2)
2,081.98
3. InterestJPenalty if applicable
D. Interest
E. Penalty
Total Interest/Penalty ( D + E ) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (SA)
B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (SB)
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ........................................................................... [] []
b. retain the right to designate who shall use the property transferred or its income; ........................................[] []
c. retain a reversionary interest; or ...................................................................................................... [] []
d. receive the promise for life of either payments, benefits or care? ............................................................. [] []
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate cons derat on?
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ................. [] []
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary des gnat on? ...........................................................................................[] []
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury I declare that I have exam ned this return including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete.
Dec aration of preparer other than the persona representative is based on all information of which preparer has any knowledge.
104.10
1,977.88
1,977.88
SIGNATURE~)F PF_,RS"'~ RESPONSIBLE FOR F,~ING RETURN
ADDRESS '
DATE
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE " *
ADDRESS
DATE
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 P.S. {}9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. {}9116 (a) (1.1) (ii)].
The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if
the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% [72 P.S. §9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. {}9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent, whether by blood or adoption.
REV-1509 EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBEE
MCCANN. JOHN H, 21 03
If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G,
SCHEDULE F
JOINTLY-OWNED PROPERTY
Q71Q
SURVIVING JOINT TENANT(S) NAME
A. KATHLEEN MCCANN
B PATRICIA MCCANN
ADDRESS
100 WINDEMERE AVENUE, APT 106
WAYNE, PA 19087
100 WINDEMERE AVENUE, APT 106
WAYNE, PA 19087
RELATIONSHIP TO DECEDENT
DAUGHTER
DAUGHTER
ITEM
NUMBER
JOINTLY-OWNED PROPERTY:
DESCRIPTION OF PROPERTY
INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR
IDENTIFYING NUMBER, ATTACH DEED FOR JOINTLY-HELD REAL ESTATE.
PSECU SAVINGS ACCOUNT (S1)
PSECU CHECKING ACCOUNT (S4)
DATE OF DEATH
VALUE OF ASSET
165,203.41
6,166.14
TOTAL (Also enter on line 6, Recapitulation
% OF
DECD'S
INTEREST
33.33,'
33.33~
DATE OF DEATH
VALUE OF
DECEDENT'S INTEREST
55,067.25
2,055.36
57,122.61
(Ifmorespa~isneeded, inse~additionalshee~ofthesamesize)
REV-1511 EX + (12-99)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
MCCANN. JOHN H,
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
Debts of decedent must be reported on Schedule [.
DESCRIPTION
FILE NUMBER
21 O3
ITEM
NUMBER
FUNERAL EXPENSES:
MYERS HARNER FUNERAL HOME
CEMETERY MARKER
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative (s)
Social Secudty Number(s)/EIN Number of Personal Representative(s)
Street Address
City State
Year(s) Commission Paid:
Attorney Fees REAGER & ADLER, P.C.
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Zip
Street Address
City State
Relationship of Claimant to Decedent
Probate Fees CUMBERLAND COUNTY REGISTER OF WILLS
Accountant's Fees
Tax Retum Preparer's Fees
THE SENTINEL - legal advertising
CUMBERLAND LAW JOURNAL - legal advertising
FILING FEE - Inheritance Tax Return & Inventory
Zip
TOTAL (Also enter on line 9, Recapitulation)
0710
AMOUNT
7,703.00
200.00
2,000.00
272.00
74.75
75.00
25.00
(If more space is needed, insert additional sheets of the same size) 10,349.7,'
R,EV-1512 EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
MCCANN, JOHN H.
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES~ & LIENS
Include unreimbursed medical expenses.
DESCRIPTION
PSECU - VISA LOAN (Lg)
FILE NUMBER
ITEM
NUMBER
1.
PA AMERICAN WATER - final bill
PP&L ELECTRIC - final bill
TOTAL (Also enter on line 10, Recapitulation)
0710
VALUE AT DATE
OF DEATH
409.00
22.43
75.13
$ 506.5ti;
(If more space is needed, insert additional sheets of the same size)
REV-1513 EX + (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
NUMBER
II.
1.
SCHEDULE J
BENEFICIARIES
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include outdght spousal distributions, and transfers under
Sec. 9116 (a)(1.2)]
FILE NUMBER
21 03 0710
RELATIONSHIPTO DECEDENT AMOUNT OR SHARE
Do NotListTmstee(s) OFESTATE
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHI:I: I
NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
(If more space is needed, insert additional sheets of the same size)
I:kDWR Wills~VlcCannJ Will.wpd ,
July 14, 2003 ' '
LAST WILL AND TESTAMENT
OF
JOHN H. MCCANN
t
e
I, JOItN H. MCCANN of Camp Hill, Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will
and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime
heretofore made.
IDENTIFICATION OF FAMILY. I declare that I have two (2) children whose names are
KATIILEEN M. MCCANN andPATRICIA A. MCCANN. As used in this Will, the
term "my children" refers to all my natural children and adopted children. As used in this
Will, the term "issue" refers to all hneal descendants of the indicated person of all generations,
with the relationship of parent and child at each generation determined by the definition of
"child/children" set forth in tiffs paragraph.
PA NT OF B_IYRIAL EXPEN ES AND DEBTS. I authorize my executor to pay ail
the expenses of(l) a funeral or memorial service; (2) the internment ofmyremains, including
the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable
marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my
debts that my executor in his or her sole discretion may allow as claims against my estate.
I POSITION OF TANGIBLE PERSONAL PROPERTY. I give a/1 of my tangible
personal property of every kind and description, including, but not Iim/ted to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and
effects, and automotive vehicles and their accessories, but excluding any money, evidences
of indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, to my children, in equal shares, or to the survivor of the
two of them.
-DISPOSITION OF RESIDUARY ESTATF_,.
4.1
~. All of the rest, residue and remainder of the property that I own at the
time of my death, both real and personal, and of every kind and description, wherever
situated, to which I may be legally or equitably entitled at the time of my death (my
"residuary estate"), I give outright and absolutely in substantially equal shares to my
children, KATHLEEN M. MCCANN and PATRICIA A. MCCANN, or to the
survivor of the two of them.
4.2.
In the event both of my children are not living on the sixtieth (60) day after the date
of my death, I leave al/the rest, residue and remainder of the property that I own at
ISDWR Wills',McCannJ Will.wpd
July 14, 2003
the time of my death, both real and personal, and of every kind and description,
wherever situate, to which I may be legally or equitably entitled at the time of my
death (my "residuary estate") in equal shares to JANE ADAMS, JEFFREY C.
EDMONDS, PRESTON A. EDMONDS and HOLLY J. Vv~ELTMER.
PROVIDED THAT, if any of the above named beneficiaries shall predecease me
leaving issue who survive me, then I leave the share of that deceased child to his or
her issue, who survives me, per stirpes.
P~OWERS OF ADMINISTRATION.
5.1.
5.2.
Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 5. These powers and
authorities may be exercised by my executor and trustee in their sole and absolute
discretion, without the permission or order of any court. These powers shall be
supplementary to those conferred by law, including, but not limited to, those set forth
in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
Retention of Assets. My fiduciaries shall have the power to retain any or all property
of my estate, however received and acquired, for so long as they deem appropriate.
This power may be exercised even though the property may not be of the type
authorized by law for investment, and even though the retention may leave a
disproportionately large amount of the value of my estate invested in one type of
property.
5.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or after my death.
The sale, transfer, or conveyance may be by public or private sale, at such time, on
such terms and conditions, including selling price and credit, in such manner, and for
any reason that my fiduciaries deem appropriate, including, but not limited to, the
purpose of obtaining net proceeds to be distributed to my residuary beneficiaries.
5.4. Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate in preferred and common stocks, bonds, notes, common trust funds
(including any managed by any corporate fiduciary), interests in investments, trusts,
mutual funds, leases, mortgages on property wherever located, and, generally, in any
property and in proportions of property as my fiduciaries deem advisable, even though
the investments are not of the character or proportions authorized by applicable law
for the investment of the funds.
5.5.
..Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow from any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate to secure
2~ H.'McCann ~M,-
ISDWR Wills~McCannj Will.wpd
July 14, 2003
e
of any beneficiary or of the court, but subject to allowance or disallowance on the
settlement of the final accounts of my fiduciaries.
5.12. Third Par _ty Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property pa/d or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
5.~3 Charitable Donations. In the event that any of my tangible personal property is
donated to a charitable organization(s) then my fiduciary is instructed to use
the value of said donation(s) as an inheritance tax deduction for an3[ inheritance
return which may be required to be flied as a consequence of my death, tax
PAYMENT F DEATH TAXES.
6.1. ePA!Jo~lgl!l~LF_,~s~te Taxe_s. I direct that al/federal and Pennsylvania estate taxes
payable as a result of taxes assessed on property passing under th/s Will shall be paid
from my residuary estate as a part of the expenses of the administration of the estate.
6.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death, limited to taxes assessed on property passing under tl~/s Will, shall be
paid out of my residuary estate and shall not be deducted or collected from any
beneficiary under this Will or other transferee.
7.1. &lll~J![[~l~!l. I name, constitute, and appoint KATHLEEN M. MCCANN and
PATRICIA A. MCCANN, as co-executors of my estate. If both KATItLEEN M.
MCCANN and PATRICIA A. MCCANN shall not survive me, shall not serve as
executor for any reason, or shall cease to serve as executor for any reason after
appointment, I appoint DAVID W. REAGER, ESQUIRE, as successor executor.
7.2. Bond Not Re uired. None of the individuals named in Section 7.1 shall be required
to furnish a bond for the faithful performance of his duties as executor.
N CASE C~F SIMULTANEOU:- DEATH. For the purposes of this
~whether a person has survived me or another person, a person shall not
be deemed to have survived me or another person if he or she dies within sixty (60) days of
my death or of the death of the other person.
LIABILITY F EXECUTOR. My executor shall not at any time be I/able for m/stake of
law or of fact, or both law and fact, or errors ofjudgrnent, nor for any loss coming to any
beneficiary under this Will, or to any other persons, except through actual fraud or willful
misconduct on the part of the executor or trustee. My executor may, from time to time,
4 m H. McCann
I:kDWR WillsWIcCannJ Will.wpd
July 14, 2003
10.
consult with counsel with respect to the meaning, construction, and operation oftkis Will,
particularly with respect to the appointments, allocations, and disbursements, and may act on
the advice of counsel in all matters without incurring liability on account of his or her actions.
INTERPRETATION.
10.1
10.2
10.3
S.._uccessors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor,
personal representative, or administrator, as the case may be.
_Number and Gender_. If required by the context ofth/s Wi/l, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
~. All headings used in this Will to describe the contents of each artic/e,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part of this Will.
10.4 Governing La~w. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
Witness
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, cons/sting of five (5) typewritten pages, the first four (4) of which bear my signature/n
the margin for the purpose of identification, this _/z/~ day of July, 2003.
N It. MCCANi~, Testator
Signed, sealed, published and declared by the above-named Testator, JOHN H. MCCANN, as and
for his Last Will and Testament, in the sight and presence of us, who, at Ns request, in his sight and presence
and in the sight and presence of each other, have hereunto subscribed our names as witnesses.
Address~///~4~ /~
IADWR WfllskMcCannJ Will.wpd ' ' '
July 14, 2003
COMMONWEALTH OF PENNSYLVANIA
ou r¥
)
: SS.
)
I, JOHN It. MCCANN, THE TESTATOR, WHOSE NAME IS SIGNED TO THE FOREGOING
INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW,' DO HEREBY
ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUM]ENT AS MY LAST WILL AND
TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY JOItN It. MCCANN,
THE TESTATOR THIS ,]2'/'/~4 DAY OF JULY, 2003.
,N¢.ta.qal Seal
Kimboriv J. G~dner, No,~'ay PubF. C
Middle~c~ Twp., Cumberlanct County
My Commi~.~ion Fy.~'qres Dec. 19, 2005
/8oml~er. Pennsytvarm &qsoc. ia~ Ol No~ies
COMMONWEALTH OF PENNSYLVANIA )
· SS.
COUNTY OF ~-~ )
THE WITNESSES WHOSE NAM-ES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUAL~IRD ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL
AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE
AND VOLUNTARy ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO
THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTILAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS ..//y5z6 DAY OF
JULY, 2003.
wrrN S.s
}qmbe~y J, Ga.<nor, No.fy Pub~
Mid~lesox Twp., Cuml~dand County,
6 My Commis~:m Expires Dec. 19, 2005
CUMBERLAND COUNTY, PENNSYLVANIA
INVENTORY
Estate of MCCANN, JOHN H.
also known as
, Deceased
No. 21 03 0710
Date of Death 8/24/03
Social Security No. 187145924
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no
real estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. INVe
verify that the statements made in this inventory are true and correct. INVe understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
Name of
Attorney:
I.D. No.:
Address:
DAVID W. REAGER
20868
2331 MARKET STREET
CAMP HILL PA 17011
Personal I~eprese~tat ve:
Telephone: 7170763-1383
Description Value
Stocks & Bonds
Closely-Held Corporation, Partnership or Sole-Proprietorship
Mortgages & Notes Receivable
Cash, Bank Deposits, & Misc. Personal Property
Real Estate
Tota~ O. 00
(Attach Additional Sheets if necessary)
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
RW-4
In re ESTATE OF JOHN H. MCCANN,
deceased
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
RULE TO SHOW CAUSE
AND NOW, thisl~~ day of March, 2004, upon
consideration of the Petition For Rule To Show Cause Why Appeal
From The Decision of the Register of Wills Admitting to Probate A
Purported Last Will and Testament of John H. McCann Dated July
14, 2003, Should Not Be Sustained, a Rule to Show Cause is hereby
granted, directed to Patricia A. McCann and Kathleen M. McCann,
Co-Executrices, to show what cause, if any, they may have why the
Petition should not b ~ranted., ~
Rule returnable
BY THE COURT:
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
PETITION FOR RULE TO SHOW CAUSE WHY APPEAL FROI~ THE
DECI~ON ~_,(THE REGISTER OF wIT,T.S ADMITTING TO PROBATE
~A P ~.D~O_ R~% LAST WI~ ~D TEST~ OF
~ATED~..~Y 14. 2003, SHO~ N~ BE SUSTAINED
AND NOW CO~S Petitioner, Jane A. Adams, by and through her
attornoy, aa~o~. Ca~oron, and rospoctfull~ statos:
1. Petitioner is Jane A. Adams. Petitioner is a step-
daughter of Decedent, John H. McCann. Decedent was the widower
of Petitioner's mother. Petitioner resides at 37 Clouser Road,
Mechanicsburg, Pennsylvania.
2. Respondents are Patricia A. McCann and Kathleen M.
McCann, Decedent's daughters. Respondents were born of
Decedent's first marriage. Respondents reside together, at 100
Windemere Avenue, Apartment 106, Wayne, Pennsylvania.
3. On August 28, 2003, upon the Petition of Respondents,
the Register of Wills admitted to probate a purported Last Will
and Testament of John H. McCann, dated July 14, 2003 (hereinafter
"the deathbed Will"). On the same date, the Register appointed
Respondents as Co-Executrices of the Estate of Decedent.-
4. Decedent died August 24, 2003, shortly after the
execution of the deathbed Will.
5. The deathbed Will, if enforced, would revoke the
testamentary plan Decedent had consistently maintained for one-
quarter of a century.
6. Petitioner's mother ("Mrs. McCann") and Decedent were
married on October 3, 1975.
7. Decedent had few assets at the time of the marriage.
Mrs. McCann agreed to contribute the funds necessary for the
purchase of real property to serve as a marital residence, and in
exchange, Decedent agreed that the value of the marital residence
would pass to the children of Mrs. McCann at his death, if he
survived Mrs. McCann.
8. On or about November 18, 1976, the decedent and Mrs.
McCann purchased real estate located at 498 North 25th Street,
Camp Hill, Cumberland County, Pennsylvania. The purchase of the
real estate was funded solely with assets of Mrs. McCann,
although the McCanns took title as tenants by the entirety,
pursuant to their agreement.
9. In furtherance of their agreement, Decedent and Mrs.
McCann executed complementary Wills on August 21, 1978, which
reflect the terms of their agreement. The Will of Mrs. McCann is
attached hereto, incorporated herein, identified as "Exhibit A".
The Will of Mr. McCann ("Decedent's Will") is attached hereto,
incorporated herein, identified as "Exhibit B".
10. Item IV. of Exhibit A states, in pertinent part:
"Inasmuch as my husband, John H. McCann, will acquire our
2
residence by operation of law and in consideration of our
agreement as to the disposition of our respective estates, I do
hereby give, devise, and bequeath all the rest, residue and
remainder of my estate, real, personal and mixed . . . unto my
children .... "
11. Similarly, Item II. of Exhibit B states, in pertinent
part: "Any real estate which may have passed to me by operation
of law in the event of the prior death of my wife, Marilyn J.
McCann, I do hereby give, devise and bequeath to the children of
my said wife .... "
12. Decedent survived Mrs. McCann, who died on February 4,
1996. Decedent and Mrs. McCann had remained married until her
death. Decedent did not re-marry after her death.
13. Following the death of Mrs. McCann, Decedent, in
accordance with the agreement, did not execute a new Will, but,
rather, executed a Codicil which changed only the identity of the
executor.
14. By means of this Codicil, Decedent re-published his
Last Will and Testament dated August 21, 1978, which contained
the terms required by his agreement with Mrs. McCann.
15. During the nearly two-decades long course of her
mother's marriage to Decedent, Petitioner and her family became
quite close to Decedent.
16. Following the death of Mrs. McCann, Petitioner and her
siblings, as well as other family members, continued to have
3
frequent contact with Decedent--visiting him in his home,
transporting him to appointments, taking him out to meals,
running errands, providing meals in his home and performing
housework for him--and they included him in family gatherings at
birthdays holidays and at other times.
17. Shortly after the death of Mrs. McCann, in 1996,
Petitioner and her husband lent funds to Decedent to enable him
to remain in the home that had been purchased by Mrs. McCann, in
the spirit of the long-standing agreement.
18. By the year 2003, Decedent, who attained the age of 86
years on September 9, 2002, was becoming more ill. He suffered
from cervical myopathy, a progressive disorder that affected his
muscles in such a way as to render him ever more crippled. He
began to have numerous falls that caused him to be unsafe in the
marital home.
19. On or about July 7, 2003, contrary to the desire of
Decedent, but at the insistence of the Camp Hill Police
Department, Decedent was removed from the marital home and
admitted to Holy Spirit Hospital.
20. On July 14, 2003, Decedent was transferred to a skilled
care nursing facility, the Church of God Home, in Carlisle,
Pennsylvania.
21. On July 14, 2003, during the confusion of his admission
to the Church of God Home, Decedent signed the deathbed Will,
presented to him by his daughters.
4
22. Neither the scrivener of the deathbed Will, nor any
employee of his office, was present at its signing.
23. The deathbed Will was presented to Decedent for his
signature by Respondents during the confusion and trauma of his
admission to the nursing home, while he was signing other
documents related to his admission.
24. Petitioner believes, and therefore avers, that Decedent
was depressed and upset at his move to the nursing facility; that
this move was traumatic for him; and that he suffered a
significant physical and mental decline at this time, such that
he suffered a weakened intellect.
25. The deathbed Will does not contain a provision for the
marital real estate required by the contract Decedent had
previously made with Mrs. McCann.
26. Respondents, who are the sole beneficiaries of the
deathbed Will, receive a substantial benefit under it.
27. At the time they presented the deathbed Will to
Decedent, Respondents stood in a confidential relationship with
him by virtue of a power of attorney and by virtue of Decedent's
debilitated physical and mental health.
28. Around the time they presented the deathbed Will to
Decedent, Respondents attempted to prevent Petitioner from
visiting Decedent.
29. Petitioner believes, and therefore avers, that
Respondents fraudulently stated to Decedent that he was required
5
to sell the marital home as a condition to his admission to the
nursing home in order to induce him to repudiate his agreement
with the late Mrs. McCann that he would devise the value of the
home to Mrs. McCann's issue.
30. In addition to Petitioner, Mrs. McCann's issue are
Jeffrey C. Edmonds and Holly J. Weltmer, and the issue of Preston
A. Edmonds, Petitioner's other sibling, who predeceased Decedent.
31. Because the deathbed Will is a product of undue
influence and therefore invalid, Exhibit B remains the valid Last
Will and Testament of Decedent.
32. Paragraph II of Exhibit B sets forth a demonstrative
legacy for the benefit of the issue of Mrs. McCann.
33. In August of 2003, Respondents either listed the
marital real estate for sale, acting as agents under a power of
attorney, or they induced decedent to list the marital real
estate for sale, as part of a scheme to defraud Petitioner and
her siblings of their interest in the home under the agreement
and under Exhibit B.
34. Respondents did not consult with Petitioner or any
other heir of Mrs. McCann with regard to a sale of the real
estate, nor did they inform Petitioner, nor any other heir of
Mrs. McCann, about the proposed sale prior to the time of the
listing.
35. Respondents sought to deceive Petitioner, first by
denying the existence of the deathbed Will, and then by hiding
6
the listing of the marital real estate for sale, in order to
defeat the inheritance of Mrs. McCann's issue, and in order to
prevent any clouding of the title for the real estate that might
delay the settlement of its sale.
36. On or about August 17, 2003, the sale of the real
estate was completed.
37. Respondents initially placed the proceeds of the sale
into a joint account with Respondent Kathleen M. McCann.
38. Petitioner believes, and therefore avers, that
Respondents engaged in a pattern of deceit constituting a fraud
designed to enable them to argue an abatement of the gift to
Petitioner and her siblings under Decedent's Will, if Decedent's
Will, not the deathbed Will, were found to be valid after his
death.
39. Being a demonstrative legacy, the gift to the issue of
Mrs. McCann in Decedent's Will does not abate, notwithstanding
the sale of the real estate prior to Decedent's death.
40. Further, in dictum, our Supreme Court has suggested
that even a specific devise would not abate in the instance of
fraud.
WHEREFORE, Petitioner respectfully requests this Honorable
Court to issue a rule to show cause for service upon Respondents,
requiring them to show cause why the appeal of Petitioner should
not be sustained and the following relief granted:
7
(1) reversal of the decision of the Register of Wills which
admitted the deathbed Will into probate;
(2) instruction to the Register of Wills to admit to probate
of the 1978 Will; and
(3) declaration that the sale of the real estate did not
abate the gift to the issue of Mrs. McCann contained in the 1978
Will.
Respectfully/~tted,
Attorney I.D. No. 58998
132~ North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner
8
VERIFICATION
The undersigned hereby certifies that the foregoing
statements which are within my personal knowledge are true and
those which are based on information received from others is
believed to be true. It is understood that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. §4904,
relating to unsworn falsification of authorities.
J~ A. ADAMS
CERTIFICATE OF SERVICE
I, James D. Cameron, Attorney for Petitioner, hereby certify
that I served a true and correct copy of the foregoing Petition
for Rule to Show Cause Why Appeal From the Decision of the
Register of Wills Admitting to Probate a Purported Last Will and
Testament of John H. McCann Dated July 14, 2003, Should Not Be
Sustained, by first class mail, postage pre-paid, on the 27th day
of February, 2004, addressed as follows:
David W. Reager, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
Attorney for Respondents
Ja~e~ D. Cameron
AttOrney I.D. No. 58998
132~ North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner
EXHIBIT A
,z¢~uJu=~ BU~blb N~DULIFF PAGE
LAST WILL AND TESTAMENT
OF
MAAXLYN J. ~nCANN
I, f~LYN J. M¢CA~N, now of 498 North 25th Street. Camp H£ll,
~erland CO~y, Pennsylvania 17011, ~ing Of Sou~ a~ disusing
mi~, ~ ~ un~ers~afldin9, as h~eby m~e, ~lish a~ ~l~e t~
~o be my Last W~ll a~ Tes~ent, ~evoking any ~rior Wi11~ or C~lcils,
or ~, by ~ ~de.
ZTEM I. Z do hereby direct my ~xecutrix, hereinafter named,
pay al% my ~ust debts, including funeral expenses and costs of my last
illness as soon as conveniently may b~ done after my decease.
ITEM II. All inheritance or estate taxes which ~ay be imposed
by reason of the beques:s herein con~ained shall be paid by my estate
&~d not by the beneficiaries.
IT~K XlI. Z hereby give, devise a~ bequeath all of my Jewelry
and personal effects to my daughters hezeinaft~r named or thel~ issue
to b~ divided by them as ~hey shall see fit. In the event ~hey shall
disagree, my Executrix hereinafter named shall make diet~£bution as she
shall see f~.
XTrA IV. X~asmuch aG my husband, John H. HcCanno will acquire
our residence by operatio~ of l&w a~ in con~lde~a~io~ of our agreement
as to the disposition of our reapectlve esSa=es, I do hereby g~ve, devise
a~4 bequeath all the zest, residue and remainder' of ~ estate, Teal,
~oonaX and mixed, wherever lieuate, of which I say die esised or~ossessod,
~t~ my children hereinafter named in equal shares, absolutely and in £ee
sla~le:
Page X of 3 pages
~fllyn gcCann ~
bU~iL ~'~D,~LiF f
PnGE 03
J~Jle A. ~u~ams
Jeffrey C. E~nonds
Prestos A. Edmonds
Hoily J. Weltmer
R. D. 12, Clouser
Mechanicsburg, Pen~sylvania 17055
P. 0. Box 3486
Be~nt, Texas 77704
12311 Ambaum Blvd.,S.w., apt. 403
Sea=tle, Washington 98146
R.D. 8, Beach Cli£f Drive
Carlisle, PennsyLvania 17013
A. Should any of =heae, m~ child~en, predecease me
leaving lawful, l[v~ng'issue to surViVe ~hem, then the share of the
dmcemsed chil~ oN children shall go to said issue per stizpes.
S. In the even~ amy of these, my children, shall
predecease me 1raving no living, lawfu[ issue to survive the~,
then the shaxe of that deceased cJL{ld shall go to the Che~-living
children in equal shares or =o their issue per stirpee, as may be
appropriate.
ITeM v. ! do hereby nominate, constitute and appoint my daughter,
W~ll and Testament, and do veeu in said Executrix full power and authority
tn all mat~ers and issues, including, without lima%lng ~h~ generality of
the foregoin~, full power and authority:
A. To lease, mortgage, sell Or otherwise dispose of
· 11 of my property, real, personal end,ired, wherever situate, in
her uncontrolled dlscre=ion at private or public sale without cou=~
order o= approval:
R. TO execute, acknowledge and deliver all deeds,
leases o= ocher legal documen%s whatsoever, which may be necessary; and,
C~ To make &lstribu=ien of personalty or realty in kind
l~ her ~lcontrolled discretion,
all without ¢oult order or approval and all ~itho~t ~he r~qulre~nt of bond.
No purchaser shall be ~equired to see ~o the application of the purchase money.
-
($~
cz~u.~u~ bUbbtE H~DUL&FF PAGE 84
ITI~ H. ! dO hereby nominate, oon~t~tute and a~oint n~ daughter,
Jane A. Adams, to ~ guardis~ of the estates of any minors who l~ay take
un&ar ~he terms of this Will a~d do reliev~ said guardian from the requlr~-
~nt of ~on~ and the ~equiremen~ of Court O~der or a~proval. ~ do f%trthe=
V~ in sai~ 9u&r~ao the s~ pOWers an~ authorities enumerated ~n ~he
~receding i~em and conferred upon my Exec%itria.
IN WITNESS W~EI~OF, I have Signed, sealed, published and decl~ed
~is to be my ~st Will and Test~en~, consisting of ~is ~age and the
~zeceding e~ (2) n~red papas, a~ ~e e~ of each of which I ~ve also
· e~ my ~nd a~ seal for g=eatsr secu=l~y and ~=ter identification, this
2~s% day of A~st , 1978.
~arily~ J. McCar~
The foregoing Last will ~d Te0taamnt was, on the date hereof, signed,
sealed, published and declared by the aboVe-named Testatrix ~o be her ~st
#ill ~d Testament, in the presence of us who, at her request a~ in her
presence, and i~ the ~Fesence of each o~her, have hereunto affixed our hands
Page 3 of 3 pages
u~.~b zi,J~u3~Z bb~bl~ F::ADL. L±FF PAGE
I, AARILYH J. McCANN, Testatrix whose name is signed to the at~ach~
o~ foregO[n~ ~ns~en~ havin~ been dul~ ~alLfL~ accord~nq ~ ~a~, do
~rme ~nd ~l~t~y act ~0~ th~ ~se~ ~herei~ e~ess~d.
· he Tes~trix, ~ 21stday of August . ', 1978.
(SRAL)
My Co=%mission Expires
C~ONW~ALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
We, Christian v. Graf , Ta~lana Reid and
Ru~ Orendorf .. , ~he w~tnesee~ who~e n~_e are uig~
to ~e forego&~g instant, being duly ~alified according to law, ~o depos~
~ say ~hat we ~re ~resent and Saw ~LYN J. M~N, Tes=a~ix, sign and
execute the instant as her ~= will a~ Testament; that ~=llyn J. McCa~
sig~ willingly an4 ~at aha executed l~ as he~ f~e an~ ~lun~ act for
~e pu~oses ~erein expressed; ~at each of us in ~e hear&~ a~ s&ght
Of ~e Tes~tr~ signed the Will a= ~nessef; and that to the best of our
m~ a~ ~e~ no ~nstraint or u~ue influence.
$~rn to an~ ~ubscrlbed before me
EXHIBIT B
JOliN H.
of 498 North 25th Str.et, <'am{, Illll,
1~smmeylvmnia 17011, b~ing of .outed ~,~1 ,tire.ming
~ ~ u~e~i~ing, do h~reby ~ke, publish ~..{ d~cl~re this
to bi ~ ~st Mill I~ Test~nt~ revoking any prior ~ lis or c~lcils,
or both, by m~ made.
ITW~4 I. ! do hs[e~ direct my ~xecutor, her~.i~after .m~d, to
pay all my Just debts, lnc.l.udinq ~uneral exl:~nses a~l ~.o.t~ of my last
illness as lOOn as conveniently may be done after my ,t~,.~flse.
.~ I~{{~ ~[1. .{~y :eai alt. ate which may have pa..~.,! to ~ by o~ration
hlzll~Itl~ ~n~ .in ~l iha~.~ ~.olutely and i. fee
~[~ ~rll~n A. ~l ' 12311 ~,,m BI~., W.M. ,Apt. 403
Seattle, Washington 99146
.~ {{olly ~. Wsltnmr {~. D. 8, 9*mch clif! Drive
CarliS2e, ~ennsylvania 17013
..~.A., 'Sh~ld ~y of ~lle ~neflcia, le. pr~eceaae ~
leav~ la~ul, liv~g isle to ~vive, t~n th. share of t~ dec~
Page 1 of 3 l~ges
pze~l~ease ne lo&ring no livid, l~l l~e to ~z~lve th~,
and remainder of my pr(.l~rty, real,
situate, of which ! may dl~ s~lsed ()r I~osassse~,
! do ~reby giv~ devise and ~eath unto my d~ughter, hereinafter n~
absolutely and in fee simplsl
Kathlesn ~4. Nc~ann
P&t~lci& A, 14cCenn
300 North Way.e
{4ayne ~ Psnnsylva~ia
300 North Nayne avef~ue
#eyrie. PsnnlylV&t~is 191)87
A. Should any of these beneficiaries r'~lec~ase me.
leaving l&vful, living lslue to survive them, then t~,~ share of the
decease! benefialEy shall go to salt issue, per nti~pes.
B,t~' In:'~hl event any of the nam~ bef~e[tciarles shall
pre<leos&ss mei+.lei~lng no living, lawful issue to suxvive, then the
Ihate of the ~t&lld blrllfielary Ihal! go ~o the thpn-livinq
beneflolatiel in equal Ihltel, or to their issue, pe~ stirpes, as
may be apptoptiate.
constitute ami apl~,lnt my brother,
~n~urg, Pennsylvanl~ 15911, to ~
~tters aM lssue~, lncl~l~,
3~age.
1. ~o lealt, lortgage, lell or ..theories dispose of
all o[ Imy p~perty, real, l)~raonel and mixed, vherevar situate,
in their un~onL~olled tllCrltlon at private o? pu).lic sale vithou~
court o~er or &pp~oval! end
B. TO execute0 acknovle<lge and ~!-liv*r all dlldl,
leases or ot~her legal doc~m~n~, whatsoever, v~lch may be neceaaar¥~
C. To make dlltribution o~ p~rs,.,,~l~y or realty in
kind in their uncontroll®d diac~ation,
ali without court order or approval a~<{ all without ,h~ requir~m~nt of ~ond.
NO purchaser shall bt required to see to the appllc~tlo., o~ th~ purchmae
IN #l~i~$ I~IEI~OF, ! have ligned, tussled, pul,li.h~l a~ declared thil
~ my ~ot {lll'~ ~e~nt, conlilting of thi~ },m<~ and the prec~i~
~.[2) n~c~ ~gll, It the I~ of each al vhich [ h~'/e also ~lt ~ hl~
leal fac grt~lU~lty ~ ~te~ identificat ion, this 2lit day . -; y
Joh~ H. ~Cann
Th! iortgoll~ ~llt Mill mm~ ~atlm~nt vas, on the ,l~te her~f, ~lg~,
K ~l~nt, An h p~eence o~ ue ~, at his r~l,...nt a~ in hi. preset,
K ~ h pmle~e'ol rich o~r, have here~to arfix~ our ha~.
residing at ~ ~). ~
3 o~ 3 ~gee
C~I~C~ALT~ Ol~ p~YLV~IA )
~ OF D~ut'HIN )
I, OOHN H. ~cC~t Teltator vhoee name is ligne'! to the attach~ or
'~ Eocegoing instant, ~v~ng ~n duly ~li;i~ according to law, do
~.~~k~l~t;i~t Z eign~ It willi~ly~ a~ that I .ign~ it ae
I'
O3Hi'4Ot,'I~ALT{! OF lmKNNSYLVANIA )
COUNTY OF DP, UPHIN )
Christian V. Graf , Tatl~a ~oid a,~ , tho vitneaeee whoe~ ,~n~n. are .iqn~ to
~.lns~nt, ~ing duly ~al I f I~d accordl~ to
him blt Will a~ Tneta~ntl that John a.~;)~ .'~.~ *
~t ~ execut~ it mm hie free a~ vol~ry
~t each of ,~e in the heerin{
Mill aa vitneeeeef end that to the
IN RE: ESTATE OF JOHN H. MCCANN,
DECEASED
IN THE COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21'-2003-0710
RULE
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 is hereby
granted, directed to Patricia A. McCann and Kathleen M. McCann~ Co-Executrices, to show what cause, if
any, they may have why the Petition should not be granted.
Rule returnable 30 days from service.
Witness my hand an official seal of office at Carlisle, Pennsylvania, this 8t_~_h day of March, 2004.
-" Clerk, Orphans Court Division
Cumberland County, Carlisle, PA
My Commission Expires on the 1st Monday
January, 2006
,JAMES DURYEA CAMERON
ATTORNEY-AT-LAW
In re ESTATE OF JOHN H. MCCANN,
deceased
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
CERTIFICATE OF SERVICE
I, James D. Cameron, Attorney for Petitioner, hereby certify
that I served true and correct copies of the Rule to Show Cause
Dated March 6, 2004, and Rule dated March 8, 2004, issued by the
Court and the Clerk of the Orphans' Court, respectively, by first
class mail, postage pre-paid, on the 12th day of March, 2004,
addressed as follows:
David W. Reager, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
Attorney for Respondents
Ja~es?D. Cameron
At%ou~ey I.D. No. 58998
132~/North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner
BUREAU OF ZNDZVTDUAL TAXES
ZNHER*rTANCE TAX DZVTS*rON
DEPT. 280601
HARRTSBURG, PA 17128-0601
COHNONNEALTH OF PENNSYLVANIA
DEPARTHENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAZSEHENT, ALLO#ANCE OR DZSALLO#ANCE
OF DEDUCTIONS AND ASSESSHENT OF TAX
REV-i$¢i? EX AFP (01-03)
DAVID N REAGER
REAGER & ADLER
2531 MARKET ST
CAHP HILL PA 17011
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
ACM
05-29-2004
HCCANN JOHN
08-24-2003
21 03-0710
CUHBERLAND
101
Amount Rem~.tted I
HAKE CHECK PAYABLE AND REH'rT PAYHENT TO:
REGISTER OF gILLS
CUHBERLAND CO COURT HOUSE
CARLISLE, PA 17015
H
CUT ALONG THIS LINE ~'* RETA'rN LONER PORT'rON FOR YOUR RECORDS *-~
REV-1547 EX AFP (01-03) NOT'rCE OF 'rNHER'rTANCE TAX APPRA'rSENENT, ALLONANCE OR DISALLONANCE OF DEDUCT'rONS AND ASSESSMENT OF TAX
ESTATE OF HCCANN JOHN H FZLE NO. 21 0:5-0710 ACN 101 DATE 03-29-2004
TAX RETURN I/AS: (X) ACCEPTED AS F'rLED { ) CHANGED
RESERVAT'rON CONCERN*rNG FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON= ORIGINAL RETURN
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C) (3)
~. Hortgages/Notes Receivable (Schedule D) (R)
$. Cash/Bank Deposits/Hisc. Personal Property (Schedule E) ($)
6. Jointly O~ned Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. Total Assets
APPROVED DEDUCTIONS AND EXEHPTZONS:
9. Funeral Expanses/Adm. Costs/Hisc. Expenses (Schadule H) (9)
10. Debts/Hortgaga Liabilities/Liens (Schedule 1) (10)
11. Total Deductions
12. Net Value of Tax Return
.00 NOTE: To insure proper
.00 credit to your account,
.00 submit the upper port,on
.00 of this form with your
.00 ~ax payment.
57~122.61
.00
(8)
10,$49.75
506.56
15.
1~.
NOTE=
ASSESSMENT OF TAX= 15. Amoun~ of Line 1~ at Spousal rate
16. Amount of Line 1~ taxable et Lineal/Class A rate
17. Amount of L/ne lq et Sibling rate
18. Amount of Line lq taxable at Collateral/Class B rata
19. Principal Tax Due
57,122.61
(~) 10.85~.31
(1;e) 46,266. $0
TAX CREDITS:
PAYMENT
DATE
11-24-2005
Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J) (13)
Net Value of Estate Subject to Tax (1~)
:If an assessment ~as lssued previously, lines 1~, 15 and/or 16, 17,
reflect figures that include the total of ALL returns assessed to date.
NUHBER
DISCOUNT (+)
INTEREST/PEN PAID (-)
104.10
.00
46,266 .$0
18 and 19 w'i11
CD003273
(~s) .00 x O0 = .00
(~6) 46,266.$0 x 045= 2,081.98
(~7) .00 x 12 = .00
(~8) .00 x 15 = .00
(19)= 2,081.98
ZF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULAT/ON OF ADDIT/ONAL /NTEREST.
AHOUNT PAID
Z,O00.O0
TOTAL TAX CREDIT 2,104.10
BALANCE OF TAX DUEI Z2.1ZCR
INTEREST AND PEN. .00
TOTAL DUE Z2.1ZCR
( ZF TOTAL DUE 1S LESS THAN $1, NO PAYHENT IS REgUZRED.
IF TOTAL DUE 1S REFLECTED AS A 'CRED/T' (CR), YOU NAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR /NSTRUCTZONS.)
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
CERTIFICATE PREREOUISITE TO SERVIC~
OF A SUBPOENA PuRsuANT TO PA.R.C.P. 4009.22
As a prerequisite to service of a subpoena for documents and
things pursuant to Rule 4009.22, Jane A. Adams, Petitioner,
certifies that
(1) a notice of intent to serve the subpoena with a copy of
the subpoena attached was mailed or delivered to each party at
least twenty (20) days prior to the date on which the subpoena is
sought to be served;
(2) a copy of the notice of intent, including the proposed
subpoena, is attached hereto;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the
subpoena which is attached to the notice of intent to serve the
subpoena.
Date: ~ ;~v~ C ~, Z~
J~e~ D.-Cameron
a~t~ney I.D. No. 58998
1395 North Front Street
Harrisburg, PA 17102
%~f717) 236-3755
~ :!:[!~!.~ttorney for Petitioner,
.... ~ane A. Adams
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DO~S AND THINGS FOR DISCOVERY
PURSUANT TO PA.R.C.P. 4009.2]
Jane A. Adams, Petitioner, intends to serve a subpoena
identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the
attached subpoena. If no objection is made, the subpoena may be
served.
Date:
February 27, 2004
Ja~ D. Cameron
a~to~ney I.D. No. 58998
13~L~North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
SUBPEONA .
Cumberland County, SS:
To: RE/MAX Realty ASsociatest Inc.
Attn: J~annette Moul
3425 Market Street
Camp Hill, PA 17011 GREETING:
We command you and each of you, that, setting aside all manner of business and
excuses, you be and appear in your proper person l~~~:~~ea~
l~~~l~R~amOe~a~l,.on the 5th day of Apr±~0 04 at 11 : 00 A M.
[prevailing time] of that day, to testify all and singular those things which you shall
know in a certain information for Jane A. Adamse Pet±tionert and brin9
with you any and all documents, whatsoever, related to the sale
of 498 North 25th Street, Camp Hill, Pennsylvania, by John
McCann or his agent or agents under a power of attorney.
Failuretoappear mayresultintheinitmtionofcontemptofcourtproceedings
againstyouand/orissuanceofabenchwarranttosecureyourpresence.
WITNESS the llonorable George E. Hoffer,
President Judge, at Carlisle, the 27th day of
/~.~A.D~TW9 THOI~SAND AND FOUI~
CLERK OF ORPHINS' C~)uRT %~
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
CERTIFICATE PREREOUISITE TO SERVICR
OF A SUBPOENA PURSUANT TO PA.R.C.P. 4009.2?
As a prerequisite to service of a subpoena for documents and
things pursuant to Rule 4009.22, Jane A. Adams, Petitioner,
certifies that
(1) a notice of intent to serve the subpoena with a copy of
the subpoena attached was mailed or delivered to each party at
least twenty (20) days prior to the date on which the subpoena is
sought to be served;
(2) a copy of the notice of intent, including the proposed
subpoena, is attached hereto;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the
subpoena which is attached to the notice of intent to serve the
subpoena.
Date:
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO PA.R.C.P. 4009.21
Jane A. Adams, Petitioner, intends to serve a subpoena
identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the
attached subpoena. If no objection is made, the subpoena may be
served.
Date:
February 27, 2004
Ja~ D. Cameron
Attorney I.D. No. 58998
132ff North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
Cumberland County, SS:
SUBPEONA
To: Coldw~.]] Rank~r '~m~ -~=_!e_= Services Grou[;'
Attn: Abi Givl~
A309 Ling!e_ot_~:.:n Rc~_d
Harrisburg, PA I 7112 GREETING:
We command you and each of you, that, setting aside all manner of business and
-at ~he officesof~ James D.
excuses, you be and appear in your proper person llirl~0x~lll~tlg~l~i~al:l:lt,.R~li~]~d-~
l~lll~l~~l~l~i~l~lf on the 5 th day o1~r~120 0 4 at 1 2: 0 0
[prevailing time] of that day, to testify all and singular those things which you shall
know iii a certain information for ~ane A. ~damst Pet±t±onere and bring
with you any and all documents, whatsover, related to the sale
of 498 North 25th Street, Camp Hill, Pennsylvania, by John H.
cCannor his aqent .or Dgenks..und~r a power of attorney.
allure to appear may resmHn tne ~mtmuon o~ contempt o[court proceediWgs
against you and/or issuance of a bench warrant to secure your presence.
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the 27th day of
Feb. A.D. TWO TH~LI~AND AND F~r
In re ESTATE OF JOHN H. MCCANN,
deceased
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
CERTIFICATE PREREOUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO PA.R.C.P. 4009.22
As a prerequisite to service of a subpoena for documents and
things pursuant to Rule 4009.22, Jane A. Adams, Petitioner,
certifies that
(1) a notice of intent to serve the subpoena with a copy of
the subpoena attached was mailed or delivered to each party at
least twenty (20) days prior to the date on which the subpoena is
sought to be served;
(2) a copy of the notice of intent, including the proposed
subpoena, is attached hereto;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the
subpoena which is attached to the notice of intent to serve the
subpoena.
Date: ~arw'L ~l, Zac0~'
~=mes~D. C~ameron
a%toD~ey I.D. No. 58998
l~/North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
pURSUANT TO PA.R.C.P. 4009.2~
Jane A. Adams, Petitioner, intends to serve a subpoena
identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the
attached subpoena. If no objection is made, the subpoena may be
served.
Date:
February 27, 2004
Ja~D.-Cameron
Attorney I.D. No. 58998
132W North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
Cumberland County, SS:
SUBPEONA
To: Records Custodian
HOLY SPIRIT HOSPITAL
503 North 21st Street
Camp Hill, PA 1 7011 GREETING:
We command you and each of you, that, setting aside all manner of business and
at the offices of James D.
excuses, you be and appear ill your proper person l~t~f:ox~ms~~:ntJOoxl~Mfr, p~t
l~g~>t~fX~m~ on the 5th day of Aori2004 at 9 : 30 t% M.
[prevailingtime]ofthatday, mxt~sfib/xa~kmuksi~gttlzr~hk, W~~~~i
:~~AxgG~t~t~O~'~l{ct~ffn~ and brino with you any ~,~ ali
documents, including but not limited to, admission, medical
social service, or discharge records related to John H. McCann,
Who was a patient in July, 2003.
Failuretoappear mayresultintheinitiationofcontemptofcourtproceedings
againstyouand/orissuanceofabench~varranttosecureyourpresence.
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the 27thday of
In re ESTATE OF JOHN H. MCCANN,
deceased
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
CERTIFICATE PR..RREOUISITE TO SERVICF
OF A SUBPOENA PURSUANT. TO PA.R.C.P. 4009.22
As a prerequisite to service of a subpoena for documents and
things pursuant to Rule 4009.22, Jane A. Adams, Petitioner,
certifies that
(1) a notice of intent to serve the subpoena with a copy of
the subpoena attached was mailed or delivered to each party at
least twenty (20) days prior to the date on which the subpoena is
sought to be served;
(2) a copy of the notice of intent, including the proposed
subpoena, is attached hereto;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the
subpoena which is attached to the notice of intent to serve the
subpoena.
Date: .~ 21., 2D~oF
Ja~s D. Cameron
Attorney I.D. No. 58998
1~25 North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
NOTICE OF INTENT TO SERVE A SUBPOENA
PRODUCE DOCUMRNTS AND THINGS FOR DIGC_OVERY
PURSUANT TO PA.R.C.P. 4Q09.2~
Jane A. Adams, Petitioner, intends to serve a subpoena
identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the
attached subpoena. If no objection is made, the subpoena may be
served.
Date:
February 27, 2004
Ja~e~ D. Cameron
a~t~rney I.D. No. 58998
13'~5 North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
Cumberland County, SS:
SUBPEONA
To: REAGER & ADLER, P.C.
Attn: David W. Reager, Esq.
2331 Market Street
Camp Hill.. PA 17011 GREETING:
We comnmnd you aud each of you, that, setting aside all manner of business and
at. the offices of James D.
excuses, yOu be and appear in your proper persou I~toll~iqe<oag~laidgesr~k~~alt:
ron. t ~sq~,~325 North Front Street~ Harrisburg, PA 17102
~~~~;on the 29t~ay Of March20 04 at 9 : 30 ?
[prevailing time] of that day, ~~~~~N~W~~~Hx
~~x~ffn~fi~x and bring with you any and all
documents, whatsoevert in any way related to John H. McCann,
deceased.
Failure to appear may result in the initiation of contempt of court proceedings
against you and/or issuance of a bench warrant to secure your presence.
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the 27thday of ,
~_~'D' _TWO_T_H_OIJSAND AND F°ur
OF ORPHANS' COURTI~'/~,
/
CLERK
In re ESTATE OF JOHN H. MCCANN,
deceased
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
CERTIFICATE PREREOUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO PA.R.C.P. 4009.22
As a prerequisite to service of a subpoena for documents and
things pursuant to Rule 4009.22, Jane A. Adams, Petitioner,
certifies that
(1) a notice of intent to serve the subpoena with a copy of
the subpoena attached was mailed or delivered to each party at
least twenty (20) days prior to the date on which the subpoena is
sought to be served;
(2) a copy of the notice of intent, including the proposed
subpoena, is attached hereto;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the
subpoena which is attached to the notice of intent to serve the
subpoena.
J~s D. a~meron
A~t~rney I.D. No. 58998
1325 North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUNRNTS AND THINGS FOR DISCOYK~
PURSUANT TO PA.R,C.P. 4009.2]~
Jane A. Adams, Petitioner, intends to serve a subpoena
identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the
attached subpoena. If no objection is made, the subpoena may be
served.
Date:
February 27, 2004
Ja~ D. Cameron
A~to~ney I.D. No. 58998
13~'North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner,
Jane A. Adams
Cumberland County, SS:
SUBPEONA
To: Records Custodian
CHURCH OF GOD RETIREMENT COMMUNITY
801 North Hanover Street
Carlisle, PA 17013 GREETING:
We command you and each of you, that, setting aside all manner of business and
:i~'a~the onf~~~ D.
excuses, you be and appear in your proper personm~mr,,mtK:~i
Ca ro Es 1 25 No h F on S et ris ur P
~~~~~ 0n the 5th day of April0.. 04 at... 9 : 30 A M.
[prevailingtime]ofthatday, m~fg,x~kzn~gn~agXlm~Xki~~g~lmlk
kn~mx~#~mmm~#~ and bring with you any and all
documents, including but not limited to, admission, medical,
social service, record..xxx~x~~ related to John H.
Who was a resident, beginning in ouly, 200~.
Failuretoappear mayresultintheinitiationofcontemptofcourtproceedings
againstyouand/orissuanceofabench warranttosecureyourpresence.
McCann,
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the 27th day of
A.D. TWO TH(~US,AND~ANDFour.
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODOREA. ADLER+
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
Writer's E-Mail Address: cmcicco~,epix.net
Wdter's Extension: 131
Cumberland County Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
April 13, 2004
via Hand Delivery
Re.'
In re: Estate of John H. McCann
No. 21-03-710 (Cumberland Co. Orphan's Ct.)
Our File No.: 03-689.002
Dear Sir/Madam:
THOMAS O. WlLLIAMS
SUSAN H. CONFAIR
JOANNEH. CLOUGH
SUSANJ. SMITH
+Certified Civil Trial Specialist
Enclosed please find an original and three (3) copies of the Answers of Respondents, Patricia A.
McCann and Kathleen M. McCann, Co-Executrices of the Estate of John H. McCann to Petition for
Rule to Show Cause Filed by Petitioner Jane A. Adams to be filed in the above captioned matter. Please
return a time-stamped copy of the Answer to our messenger. If you have any questions, please do not
hesitate to contact the undersigned.
Thank you.
/cmc
Enclosure
cc: James D. Cameron, Esq. (w/encl.)
Patricia and Kathleen McCann (w/encl.)
christine M. Ciccocioppo,
Paralegal
In re ESTATE OF JOHN H. MCCANN,
deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21~03-710
~O~F~R~.S.P_O__N_DENTS PATRICIA A. MCCANN AND KATHLEEN M.
PE l'lOf~ FOR RULE TO SHOW CAUSE FILED BY_PETITIONER JANE A. ADOAMs
1. Admitted.
2. Admitted.
3. Admitted in part; denied in part. It is admitted that the Last Will and Testament
of John H. McCann, dated July 14, 2003, was admitted to probate. The characterization of said
Will as a "deathbed Will" is denied.
4. Admitted in part; denied in part. It is admitted that the Decedent died August 24,
2003. The characterization of his death being "shortly after the execution of the deathbed Will"
is denied. To the contrary, the Will was executed more than a month pri~r ~ his lii~ath, x: ~
5. Denied as a legal conclusion. To the extent the averment~'~iOfparag~ph 5 h?e'.i
deemed to be averments of fact, it is expressly denied that the Will signedby the ~ecedent, John
H. McCann, was inconsistent with his desires or intentions· --.~ ~ (i i~
6. Admitted. ~
7. Denied. It is denied that the Decedent and Mrs. McCann agreed that "the value"
of the real estate at issue in this proceeding was to pass to Mrs. McCann's children upon
Decedent's death. It is agreed that Mrs. McCann contributed some money towards the purchase
of the aforementioned real estate. It is averred, however, that additional money for the purchase
of the real estate was borrowed from a bank and that Decedent paid One Hundred and One
Dollars and eighty-three cents ($101.83) per month to repay the debt. These payments continued
at least until early 1989. It is further averred that from November, 1976, the date on which the
real estate was purchased, most of the household expenditures including utilities, maintenance
and food were paid by Decedent out of a joint checking account maintained with deposits from
Decedent's income. Mrs. McCann maintained a separate account throughout the marriage.
8. Admitted in part; denied in part. It is admitted that the real estate referred to in
the Petition was purchased on or about November 18, 1976. It is denied that it was funded
"solely" with funds from Mrs. McCann. In further response, Respondents incorporate herein by
reference the averments of paragraph seven (7) of this Answer.
9. Admitted in part; denied in part. It is admitted that Exhibits "A" and "B" are true
and correct copies of Mrs. McCann's Will dated August 21, 1978, and Decedent's Will dated
August 21, 1978. The Wills, being in writing, speak for themselves. The characterization of
said W/Ils as being "in furtherance of their agreement", whatever agreement that may be, is
denied.
10. Admitted. It is admitted that the quotation set forth in paragraph 10 of the
Petition partially quotes Item 1V of Petitioner's Exhibit "A".
11. Admitted. It is admitted that the quotation contained in paragraph 11 of the
Petition is a partial quote of Item II of Petitioner's Exhibit "B".
12.
13.
Admitted.
Admitted in part; denied in part. It is admitted that a codicil was executed. The
referenced Codicil, being in writing, speaks for itself. To the extent the averments of paragraph
13 are inconsistent with the plain meaning of said written document, they are denied. In further
response, it is averred that Decedent executed a new will in July 2003.
14. Denied as a legal conclusion.
2
15. Denied. The averments of paragraph 15 are vague, and therefore, cannot be
responded to. In particular, Respondents cannot respond to the phrase, "became quite close to
Decedent", because the phrase has no objective meaning.
16. Admitted in part; denied in part. It is admitted that Petitioner had contacts with
Decedent following the death of Mrs. McCann. As to the specific events identified in paragraph
16, Respondents, after reasonable investigation, are unable to form a belief as to the truth of the
averments and proof is demanded at trial.
17. Admitted in part; denied in part. It is admitted that Petitioner and her husband
loaned money to the Decedent. It is further averred, that Petitioner and her husband required the
Decedent to sign a note and an open-ended mortgage in the amount of ten thousand dollars
($10,000.00) bearing interest at the rate of seven percent (7%) per year payable to Petitioner and
her husband. The mortgage was recorded as a lien against the real estate. Neither the Petitioner
nor her husband ever provided Decedent with any statements as to the outstanding balance owed
on the mortgage. Moreover, Decedent did not draw down the entire ten thousand dollars
($10,000.00), even though that was the amount of the note. The note was paid from the proceeds
of the sale of the real estate referenced in the Petition. It is denied that Decedent asked Petitioner
or her husband for a loan. Decedent had his own source of income and, if necessary, could have
borrowed against the real estate which he owned after Mrs. McCann's death.
18. Admitted in part; denied in part. It is admitted that Decedent was ill in 2003, and
on occasion would fall. It is denied that the falls were solely caused by cervical myelopathy or
that he was crippled.
19. Denied. Decedent was admitted to Holy Spirit Hospital on or about July 8, 2003,
not July 7, 2003. As to the characterization that his hospitalization was at the "insistence of the
Camp Hill Police Department", the averment is denied. The Camp Hill Police told Respondents
that something needed to be done as the police could not be expected to continually respond to
falls by Decedent. It was agreed that Decedent would be admitted to Holy Spirit Hospital for
evaluation and recommendation.
20. Admitted.
21. Admitted in part; denied in part. It is admitted that a will was signed on July 14,
2003. It is denied that it was a "deathbed Will" or that the Will was signed during the "confusion
of[Mr. McCann's] admission." To the contrary, Decedent understood what he was signing and
did so voluntarily and without confusion. In further response, it is averred that Decedent was
given a series of mental tests upon his admission to the Church of God Home. The tests were
required because of Medicare regulations. Decedent passed all of the mental tests given. These
tests were given before Decedent executed the 2003 Will.
22. Admitted with clarification. It is admitted that neither the scrivener of the Will,
who was Mr. McCann's attorney, nor anyone employed by Mr. McCann's attorney was present
at its signing. However, it is averred that a Notary Public was present and two (2) witnesses
signed the Will, one of whom was a registered nurse.
23. Admitted in part; denied in part. It is admitted that Decedent signed a Durable
Healthcare Power of Attorney, a Living Will and a General Power of Attorney along with his
Will on July 14, 2003. The remaining averments are denied. To the contrary, Decedent was not
in a confused and traumatic state at the time he signed the documents but was fully capable of
understanding everything he signed. In further response, the averments of paragraph 21 of this
answer are incorporated herein by reference.
4
24. Denied. Respondents deny that the Decedent was mentally incapable of signing
the documents presented to him on July 14, 2003, for his signature. In further response, the
averments of paragraph 21 of this answer are incorporated herein by reference.
25. Denied. The Will signed by the Decedent, being in writing, speaks for itself. To
the extent the averments of paragraph 25 are inconsistent with the plain meaning of said
document, they are denied.
26. Denied. The Will signed by the Decedent, being in writing, speaks for itself. To
the extent the averments of paragraph 26 are inconsistent with the plain meaning of said
document, they are denied.
27. Denied as a legal conclusion. To the extent the averments of paragraph 27 are
deemed to be averments of fact, it is admitted that a Power of Attorney was executed naming the
Decedent's daughters. It is denied that by virtue of this Power of Attorney the Respondents
exercised an undue influence on Mr. McCann with respect to the 2003 Will. It is further denied
that Decedent's physical health rendered him incapable of understanding the documents he was
signing.
28. Denied. Respondents never prevented Petitioner from visiting the Decedent. To
the contrary, during the time Decedent was in the nursing home, Petitioner and her husband at
various times visited the Decedent. It is further averred that at least one visit disturbed the
Decedent to such an extent that he asked to have his attorney notified of the visit. Following this
visit, Decedent told Respondents that he did not want Petitioner and her husband to visit him
again and expressed fear that they would return.
29. Denied. Respondents never advised the Decedent that he had to sell his home as a
condition to his admission to the nursing home. Rather, Decedent made the decision to sell the
real estate.
30. Admitted.
31.
32.
33.
Denied as a legal conclusion.
Denied as a legal conclusion.
Admitted in part; denied in part.
It is admitted that the referenced real estate was
listed and sold in August, 2003, prior to Decedent's death. It is denied that the Respondents
induced the Decedent to sell the real estate as part of any type of scheme to defraud Petitioner
and her siblings.
34. Denied. Representatives of the Decedent notified the attorney for Petitioner at
least as early as August 1, 2003, of Decedent's plan to sell the referenced real estate.
35. Denied. Respondents did not take any actions to deceive the Petitioner, deny the
existence of Will or hide the fact that the Decedent intended to sell the referenced real estate.
The decision to sell the real estate was the Decedent's alone. In further response, it is averred
that following Decedents admission to the Church of God home, Petitioner removed much of the
furniture from Decedent's home. A listing agreement for the real estate was in plain view on the
dining room table at the time Petitioner was removing the furniture. Respondents believe and,
therefore, aver that Petitioner removed the furniture in anticipation of the house being sold.
36. Denied. A sale of the real estate occurred on August 20, 2003.
37. Denied. The funds were deposited on August 22, 2003, into a savings account
Decedent maintained at PSECU. Patricia McCann and Kathleen McCann were listed as joint
owners on the account along with the Decedent. The account had been open approximately 32
years prior to Decedent's death. Patricia McCann's name had been on the account from the time
it was opened.
38.
39.
40.
Denied as a legal conclusion.
Denied as a legal conclusion.
Denied as a legal conclusion.
41.
(21) years.
,NEW MATTER
Decedent and Mrs. McCann, Petitioner's mother, were married for twenty-one
42. Throughout the marriage, Decedent paid One Hundred and One Dollars and
eighty-three cents ($101.83) a month out of his income to pay offa loan the proceeds of which
were in part used for the purchase of the real estate referenced in the Petition.
43. Throughout the marriage, Decedent paid most of the household expenses
associated with the referenced real estate. After the death of Mrs. McCann in 1996, Decedent
continued to pay all the expenses until the real estate was sold on August 20, 2003.
44. Decedent decided to sell the referenced real estate because the real estate could no
longer be maintained and the proceeds of the sale were needed to provide Decedent with
sufficient funds for his future care.
45.
Petition.
At the time of his death, Decedent did not own the real estate referenced in the
46.
influence.
The 2003 Will, which was admitted to probate, was not the product of undue
47. Decedent was mentally and physically competent to understand the terms of the
Will that has been admitted to probate.
Date: April 13, 2004
48. The August, 1978, Will, which is Exhibit "B" to the Petition (hereinafter the
"1978 Will"), did not bar Decedent from selling the real estate referenced in the Petition.
49. The 1978 Will did not require the Decedent to deliver the proceeds of the sale of
the real estate referenced in the Petition to Petitioner or her siblings.
50. Part II of the 1978 Will is not a demonstrative legacy.
51. Petitioner seeks payment of a debt allegedly owed by the Decedent's estate as a
result of an alleged agreement. As such, Petitioner is, at best, a creditor of the estate.
52. Petitioner has failed to state any legal basis for overruling the decision of the
Register of Wills to probate the 2003 Will.
WHEREFORE, Respondents respectfully request this Honorable Court to dismiss
Petitioner's Petition and affirm the decision of the Register of Wills admitting to probate
Decedent's Will dated July 14, 2003.
Respectfu~'l submitted,
~heol~ie ~[ Adler, Esquire
Attorfiey I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Respondents,
Patricia A. McCann and
Kathleen M. McCann
VERIFICATION
I, Patricia A. McCann, verify the averments of the foregoing document are true and
correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to
authorities.
By:
Patricia A. McCann
VERIFICATION
I, Kathleen M. McCann, verify the averments of the foregoing document are true and
correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to
authorities.
By:
Kathleen M. McCann
CERTIFICATE OF SERVICE
AND NOW, this 13th day of April 2004, I hereby verify that I have caused a tree and correct
copy of the foregoing Answer of Respondents to Petition for Rule to Show Cause to be placed in the
U.S. mail, first class, postage prepaid and addressed as follows:
James D. Cameron, Esquire
1325 North Front Street
Harrisburg, PA 17102
In re ESTATE OF JOHN H. MCCANN,
deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21-03-710
NOTICE TO PLEAD
To: Jane _Az_. Adams
c/o J~es D. C'~arneron, Esquire
... 1325/l~Iorth ErSt Street
'~:'~ '~ rri~ P~,~17102
~-.~ Ha urg,
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
NEW MATTER CONTAINED IN THE ANSWER OF RESPONDENTS,
PATRICIA A. MCCANN AND KATHLEEN M. MCCANN, CO-EXECUTRICES
OF THE ESTATE OF JOHN H. MCCANN TO PETITION FOR RULE TO SHOW
CAUSE FILED BY PETITIONER JANE A. ADAMS FILED ON APRIL 13, 2004,
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT
MAY BE ENTERED AGAINST YOU.
Date:
April 26, 2004
Respect fully?g~mitted,
REAGE .R./~ ~dd)I,,]ER, P.C.
Theg/~orffA. Adler, Esquire
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attomeys for Respondents,
Patricia A. McCann and
Kathleen M. McCann
In re ESTATE OF JOHN H. MCCANN, : IN THE COURT OF COMMON PLEAS
deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-710
ANSWER TO NEW NATTER CONTAINRn IN ANSWEROF
RESPONDENTS PATRICIA A. MCCANN AND KAT~LRRN M. MCCANN,
CO-EXECUTRICES OF TNR ~STATE OF JOHN H. MCCAN~
TO PETITION FOR RULRTOSHOWCAUSE FIT.Rn BY
PETITIONER. JANE A. ADAMS
McCann at the death of the second spouse.
AND NOW COMES Petitioner, Jane A. Adams, by and through her
attorney, James D. Cameron, and respectfully answers as follows:
41. Denied. Mr. and Mrs. McCann had been married for 20
years, four months, at the time they were parted by death.
42. Denied. After reasonable investigation, Petitioner has
been unable to verify the truth of the said averment, and strict
proof is hereby demanded at trial.
43. Denied. During their marriage, Mr. McCann paid certain
living expenses, such as utility bills, but Mrs. McCann, who had
paid for the purchase of the house, continued to pay real estate
taxes and costs of maintenance for the real estate itself,
consistent with the McCann's understanding that the proceeds from
the sale of the residence were to pass to the ch~_ldren of Mrs.~..~
After !ithe death of"
Mrs. McCann, Petitioner and her husband lent funds to Mr. McCann
for real estate-related expenses, Mr. McCann deferred significant
maintenance, and Mr. McCann paid those minimal expenses most
necessary to continue his tenancy in the home.
44. Admitted in part, denied in part. It is admitted that
the decedent remained financially unable to maintain the home
from his own funds, in the absence of borrowing. It is denied
that Decedent made the decision to sell the home absent undue
influence exerted by his daughters. The remainder of the
averment concerning the prospective costs of long term care is
denied. There existed other alternatives for payment of long
term care expense that were consistent with Decedent's past
course of dealing and his long-standing testamentary intent to
return his wife's investment in the real estate to her family at
his death, including additional borrowing from Petitioner.
Additionally, the sale of the real estate was unnecessary, since
Decedent died shortly thereafter, before incurring any
significant costs for his care.
45. Admitted. By way of further answer, it is believed
Respondents may have sought to sell the house quickly, without
prior notice to Petitioner, in a knowing, misguided attempt to
deprive Petitioner and her siblings of the inheritance Decedent
2
intended them to have, by attempting to create an abatement
argument in this very litigation, which Respondents anticipated.
46. Denied as a conclusion of law to which no responsive
pleading is required.
47. Denied as a conclusion of law to which no responsive
pleading is required.
48. Denied as a conclusion of law to which no responsive
pleading is required.
49. Denied as a conclusion of law to which no responsive
pleading is required.
50. Denied as a conclusion of law to which no responsive
pleading is required.
51. Denied as a conclusion of law to which no responsive
pleading is required.
52. Denied as a conclusion of law to which no responsive
pleading ~s required. By way of further answer, the allegations
of the Petition are hereby incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests this Honorable
Court to grant the relief requested in the Petition, and to:
(1) reverse the decision of the Register of Wills which
admitted the deathbed Will into probate;
(2) instruct the Register of Wills to admit to probate the
1978 Will; and
3
(3) issue a declaration that the sale of the real estate did
not abate the gift to the issue of Mrs. McCann contained in the
1978 Will.
Respectfully Submitted,
J~e~ D.~a~on '
a~to~ney I.D. No. 58998
13~ North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner
VERIFICATION
The undersigned hereby certifies that the foregoing
statements which are within my personal knowledge are true and
those which are based on information received from others is
believed to be true. It is understood that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. §4904,
relating to unsworn falsification of authorities.
_ ~ ~DAMS~ ~ _
CERTIFICATE OF SERVICE
I, James D. Cameron, Attorney for Petitioner, hereby certify
that I served a true and correct copy of the foregoing Answer to
New Matter, by first class mail, postage pre-paid, on the 3rd day
of May, 2004, addressed as follows:
Theodore A. Adler, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
Attorney for Respondents
Ja~s/D. Cameron
At~o~hey I.D. No. 58998
132~North Front Street
Harrisburg, PA 17102
(717) 236-3755
Attorney for Petitioner
BUREAU OF TNDZVTDUAL TAXES
TNHERITANCE TAX DTV/SION
DEPT. 280601
HARRISBURG, PA 17128-0601
COHHONNEALTH OF PENNSYLVANIA
DEPARTHENT OF REVENUE
INHERITANCE TAX
STATENENT OF ACCOUNT
REV-16D? EX AFP COl-OS)
DAVID N REAGER
REAGER & ADLER
2351HARKET ST ~.. ~
CAHP HILL PA ~7~
DATE 0~-26-2004
ESTATE OF NCCANN
DATE OF DEATH 08-24-2005
FILE NUNBER 21 05-0710
COUNTY CUNBERLAND
ACN 101
Amoun~ Reei~*ed
JOHR H
HAKE CHECK PAYABLE AND REHZT PAYNENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit: ~co your account, submi~ ~:he upper por~ion of ~his form wi~ch your ~ax payment.
CUT ALONG THIS L'rNE ~ RETAIN LONER PORT/ON FOR YOUR RECORDS *'~
REV-1607 EX AFP (01-03)
ESTATE OF HCCANN
.#~ INHERITANCE TAX STATEHENT OF ACCOUNT
JOHN H FILE NO. Z1 03-0710 ACN 101
DATE 04-26-2004
TH/S STATENENT 1S PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN ZN THE NANED ESTATE. SHONN BELON
ZSA SUNNARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYNENTS, THE CURRENT BALANCE, AND, ZF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSNENT OR RECORD ADJUSTHENT: 03-22-2004
PRINCIPAL TAX DUE: ...........................................................................................................................................................................................................................
PAYHENTS (TAX CREDITS):
2,081.98
PAYHENT
DATE
11-24-Z003
04-12-2004
RECEIPT
NUHBER
CD003273
REFUND
D~SCOUNT (+)
INTEREST/PEN PAID (-)
104.10
.00
AHOUNT PAID
2,000.00
22.12-
TOTAL TAX CREDIT Z,081.98
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
ZF PAID AFTER TH[S DATE, SEE REVERSE
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( ZF TOTAL DUE IS LESS THAN $1,
NO PAYNENT IS REQUIRED.
ZF TOTAL DUE IS REFLECTED AS A 'CREDIT' (CR),
YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR ~NSTRUCTZONS. )
PAYMENT:
Detach the top portion of this Notice and submit with your payment made payable to the name and address
printed on the reverse side.
-- If RESIDENT DECEDENT make check or money order payable to: REGISTER OF NILLS] AGENT.
-- Tf NON-RESIDENT DECEDENT make check or money order payable to: COMMONNEALTH OF PENNSYLVANIA.
REFUND (CA): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an
"Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-I~13). Applications are available at
the Office of the Register of NilIs, any of the 15 Revenue District Offices or from the Department's Iq-hour
answering service for forms ordering: 1-800-~6Z-ZOSO; services for taxpayers with special hearing and / or
speaking needs: 1-BO0-qq7-~OZO ITT only).
REPLY TO:
guestions regarding errors contained on this notice should be addressed to: PA Department of Revenue) Bureau
of Individua! Taxes, ATTN: Post Assessment Review Unit) Dept. gm0601, Harrisburg) PA 17118-0601, phone
(717) 787-6SOS.
DISCOUNT:
If any tax due is paid within three (5) calendar months after the decedent's death, a five percent (5Z) discount
of the tax paid is aZIoaed.
PENALTY:
The 151 tax amnesty non-participation penalty is computed an the total of the tax and interest assessed) and not
paid before January 18, 1996, the first day after the end of the tax amnesty perlod.
INTEREST:
Interest is charged beginning with first day of delinquency) or nine (9) months and one (l) day from the date of
death, ta the date of payment. Taxes which became delinquent before January 1) 1981 bear interest at the rats of
six (61) percent per annum calculated at a daily rate of .O00Z6q. All taxes which became delinquent on and after
January I, 1981 ail1 bear interest at a rate which will vary from calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1981 through ZOOq are:
Interest Daily Interest Dally Interest gaily
Year Rate Factor Year Rate Factor Year Rate Factor
198Z ZOZ .OOOSq8 1988-1991 ZlZ .000301 ZOOX 9Z .O00Z&7
1983 Z6Z .000q38 1991 91 .000247 2002 6~ .000164
198~ 11~ .000~01 1995-1994 7~ .000192 Z003 51 .0001~7
1985 131 .000~S6 1995-1996 9X .O00Zq7 ZDO~ ~Z .OOOllO
1986 101 ,O00Z7~ 1999 71 .000191
1987 9X .O00Z~7 ZOO0 8X .O00Zl9
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID X NUHBER OF DAYS DELINQUENT X DAZEY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15] days
beyond the date of the assessment. If payment is made after the interest computation date shown on the
Notice, additional interest must be calculated.
Thomas A. French, Esquire
Attomey I.D. No. 39305
Joanne Book Christine
Attorney I.D. No. 82028
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Hamsburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
In re ESTATE OF JOHN H.
McCANN, deceased
IN THE COURT OF COMMON P~AS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-710
PRAECIPE FOR ENTRY AND WITIIDRAWAIJ OF APPEARANCE
TO: THE~~y~O,3', \4
Kindly enter the appearance of Thomas A. French, Joanne Book Christine and the
firm ofRhoads & Sinon LLP and withdraw the appearance of James D. Cameron, on
behalf of Petitioner, Jane A. Adams.
J13 ~o~rnr~;~treet
Harrisburg, PA 17102
(717) 236-3755
Rhoads & Sinon LLP
By: ~ch~~
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
518394.1
CERTIFICATE OF SERVICE
I hereby certify that on May 24, 2004, a true and correct copy of the Praecipe for
Entry and Withdrawal of Appearance was served by means of United States mail, first
class, postage prepaid, upon the following:
Theodore A. Adler, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Lynno4~J.'Ritter
Thomas A. French, Esquire
Attorney I.D. No. 39305
Joanne Book Christine
Attorney I.D. No. 82028
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Hamsburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
In re ESTATE OF JOHN H.
McCANN, deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-710
CERTWICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Respondent, Jane A. Adams, certifies that:
1. a notice of intent to serve subpoenas with copies of the subpoenas attached
thereto was mailed or delivered to each party;
2. Respondents, by and through their attorney, Theodore A. Adler, waived the
20 day period in which to file objections;
to this certificate;
4.
a copy of the notice of intent, including the proposed subpoenas, is attached
no objection to the subpoenas was received; and
521043.1
5. the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
Joanne B. Christine
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner, Jane A. Adams
Date: June 9, 2004
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of June, 2004, a tree and correct copy of the
foregoing Certificate prerequisite to service of a subpoena pursuant to Rule 4009.22 was served
by means of United States mail, first class, postage prepaid, upon the following:
Theodore A. Adler
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Thomas A. French, Esquixe
Attomey I.D. No. 39305
Joanne Book Christine
Attorney I.D. No. 82028
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
In re ESTATE OF JOHN H. McCANN,
deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-710
NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
q
Date: June~'~ 2004
Petitioner, Jane A. Adams, intends to serve subpoenas identical to the ones that are
attached to this notice. On June 8, 2004, Theodore A. Adler, attorney for Respondents, waived the
twenty (20) day objection period in which to file of record and serve upon the undersigned an
objection to these subpoenas, and the subpoenas may be served.
RHOADS & SINON LLP
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
520756.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORPHANS' COURT DIVISION
In re ESTATE OF JOHN H. McCANN, :
deceased :
NO. 21-03-710
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Medical Records Custodian
Burick and Azizkhan Internal Medicine Associates
888 Poplar Church Road
Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:__an¥ and all documents, records or things in your possession, custody or control which
refer, relate or pertain to John H. McCann: SS# 187-14-5924; DOB 9/9/1916; DOD 8/24/2004.
at: R_hoads & Sinon 1.1 .p, One South Market Square, 12th Floor, Harrisburg, Pennsylvania 17101.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Thomas A. French, Esquire
Address: Rhoads & Sinon, LLP
P.O. Box 1146
Harrisburg, PA 17108-1146
Telephone: (717) 233-5731
ID#: 39305
Attorney for Petitioner, Jane A. Adams
DATE:
BY THE COURT:
Seal of the Court
(Prothonotary)
(Deputy)
520750.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORPHANS' COURT DIVISION
In re ESTATE OF JOHN H. McCANN,
deceased
: NO. 21-03-710
:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Lisa Kepes, Supervisor
Camp Hill Fire Department EMS
2198 Walnut Street
Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:__any and all documents or things which the Camp Hill Fire Department EMS may have
which refer, relate or pertain to John H. McCann, 498 North 25e S~eet, Camp Hill, including, but not limited to,
responses to calls for assistance and contacts with family members, f~om Januar~ 1, 2003 through July 31, 2003.
at: Rhoads & Sinon LLP, One South Market Square, 12th Floor, Harrisburg, Pennsylvania 17101.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the patty making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Thomas A. French, Esquire
Address: Rhoads & Sinon, LLP
P.O. Box 1146
Harrisburg, PA 17108-1146
Telephone: (717) 233-5731
ID#: 39305
Attorney for Petitioner, Jane A. Adams
BY THE COURT:
DATE:
Seal of the Court
(Prothonotary)
(Deputy)
520749.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORPHANS' COURT DIVISION
In re ESTATE OF JOHN H. McCANN, :
deceased :
NO. 21-03-710
SUBPOENA TO PRODUCE DOCUME~S OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Gregory J. Ammons, Chief of Police
Camp Hill Borough Police Department
2199 Walnut Sl~eet
Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:__any and all documents or things which the Camp Hill Police Department may have
which refer, relate or pertain to John H. McCann, 498 North 25t~ Street, Camp Hill, including, but not limited to,
responses to calls for assistance and contacts with family members, from January 1, 2003 through July 31, 2003.
at: Rhoads & Sinon 1 J.p, One South Market Square, 12th Floor, Harrisburg, Pennsylvania 17101.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Thomas A. French, Esquire
Address: Rhoads & Sinon, LLP
P.O. Box 1146
Harrisburg, PA 17108-1146
Telephone: (717) 233-5731
ID#: 39305
Attorney for Petitioner, Jane A. Adams
BY THE COURT:
DATE:
Seal of the Court
(Prothonotary)
(Deputy)
520739.1
Thomas A. French, Esquire
Attorney I.D. No. 39305
Joanne Book Christine
Attorney I.D. No. 82028
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233~5731
Attorneys for Petitioner
In re ESTATE OF JOHN H.
McCANN, deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-710
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22,
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Respondent, Jane A. Adams, certifies that:
1. a notice of intent to serve subpoenas with copies of the subpoenas attached
thereto was mailed or delivered to each party;
2. Respondents, by and through their attorney, Theodore A. Adler, waived the
20 day period in which to file objections;
to this certificate;
4.
a copy of the notice of intent, including the proposed subpoenas, is attached
no objection to the subpoenas was received; and
521043.1
5. the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
Date: June 24, 2004
RHOADS & SINON LLP
Bz~./-' l_Thomas A. French
/// Joanne B. Christine
"~' One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner, Jane A. Adams
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of June, 2004, a tree and correct copy of the
foregoing Certificate prerequisite to service of a subpoena pursuant to Rule 4009.22 was served
by means of United States mail, first class, postage prepaid, upon the following:
Theodore A. Adler
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Lynne G. Ritter
Thomas A. French, Esquire
Attorney I.D. No. 39305
Joanne Book Christine
Attorney I.D. No. 82028
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
In re ESTATE OF JOHN H. McCANN,
deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-710
NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Petitioner, Jane A. Adams, intends to serve subpoenas identical to the ones that are
attached to this notice. On June 21, 2004, Theodore A. Adler, attorney for Respondents, waived the
twenty (20) day objection period in which to file of record and serve upon the undersigned an
objection to these subpoenas, and the subpoenas may be served.
Date: June 22, 2004
RHOADS &~~L~
By:
Thomas A. Fre(i'ch
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
522696.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORPHANS' COURT DMSION
In re ESTATE OF JOHN H. McCANN,
deceased
NO. 21-03-710
:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 40092?
TO:
Medical Records Custodian
Pennsylvania Neurology Associates
108 Lowther Street
Lemoyne, PA 17043
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:__any and all documents, records or tbing.q in your posse~iol~ custody or control which
refer, relate or pertain to John H. McCann, SS# 187-14-5924; DOB 9/9/1916; DOD 8/24/2004 - for the period January
1, 2000 to July 31, 2003.
at: Rhoads & Smon LLP, One South Market Square, 12th Floor, Harrisburg, Pennsylvania 17101.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Thomas A. French, Esquire
Address: Rhoads & Sinon, LLP
P.O. Box 1146
Harrisburg, PA 17108-1146
Telephone: (717) 233-5731
ID#: 39305
Attorney for Petitioner, Jane A. Adams
BY THE COURT:
DATE:
Seal of the Court
Register of Wills
(Deputy)
522418.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORPHANS' COURT DMSION
In re ESTATE OF JOHN H. McCANN,
deceased
NO. 21-03-710
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.27
TO:
Medical Records Custodian
Internists of Central Pennsylvania
108 Lowther Street
Lemoyne, PA 17043
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:__any and all documents, records or thing~ in your possession, custody or control which
refer, relate or pertain to John H. McCann. SS# 187-14-5924; DOB 9/9/1916; DOD 8/24/2004 - for the period January
I, 2000 to July 31, 2003.
at: Rhoads & Sinon LLP, One South Market Square, 12th Floor, Harrisburg, Pennsylvania 17101.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Thomas A. French, Esquire
Address: Rhoads & Sinorz, LLP
P.O. Box 1146
Harrisburg, PA 17108-1146
Telephone: (717) 233-5731
ID#: 39305
Attorney for Petitioner, Jane A. Adams
DATE:
BY THE COURT:
Seal of the Court
Register of Wills
(Deputy)
522429.1
Thomas A. French, Esquire
Attorney I.D. No. 39305
Joanne Book Christine
Attorney I.D. No. 82028
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Hamsburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
In re ESTATE OF JOHN H.
McCANN, deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-710
PRAECIPE TO VOLUNTARILY DISCONTINUE APPEAL
FROM PROBATE
TO THE REGISTER OF WILLS:
Kindly mark the above-captioned appeal fi.om Probate voltmtarily discontinued and
withdrawn.
RHOADS & SINON LLP
Thomas A. French
Joanne Book Christine
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
CERTIFICATE OF SERVICE
I hereby certify that on October 5, 2004, a tree and correct copy of the "Praecipe to
Voluntarily Discontinue Appeal From Probate" was served by means of United States mail, first
class, postage prepaid, upon the following:
Theodore Adler, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Lynne G~. Ritter
PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH
REGARDLESS OF THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED,
FILE a 6.12 FORM YEARLY UNTIL COMPLETION.
STATUS REPORT UNDER RULE 6.12
Name of Decedent: John H. McCann
Date of Death: 08-24-2003
Will No.:
21-03-0710
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 .[
No
.: )
2. If the 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
.[
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 No .[
D.
Copies of receipts, releases, joinders and approvals of formal or informal
accounts may be filed with the Clerk of the Orphans' Court and may be
attached to this report.
N
C)
t;a
David W. Reager, Esqlilre
Reager & Adler, P.C.
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Counsel for Personal Representative
Dat@.:
u-
':A"ugust 17, 2005
c;:)
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u1
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 7/27/2005
REAGER DAVID W ESQ
2331 MARKET ST
CAMP HILL, PA 17011
RE: Estate of MCCANN JOHN H
File Number: 2003-00710
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
8/24/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
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