HomeMy WebLinkAbout12-18-08__ _
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2008-00161 O
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TURNER GEORGE M ESTATE OF
VS
TURNER DEBORAH B
R. Thomas Kline Sheriff who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named RESPONDENT to wit:
TURNER DEBORAH B but was
unable to locate Her in his bailiwick. He therefore returns the
ORDER AND PETITION
NOT SERVED as to
the within named RESPONDENT TURNER DEBORAH B
211 NORTH BEDFORD STREET
CARLISLE, PA 17013
SERVICE STOPPED, PER FAX FROM ATTORNEY.
Sheriff ' s Costs : So answers : .----'~ F~
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Docketing 18.00 ~ --
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Postage .56 ~ R. Thomas Kline rv
Surcharge 10.00 Sheriff of Cumberland Counter A ---,
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33.56 SNELBAKER BRENNEMAN '-L}-<"_ ~~~
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12/16/2008 `T' -
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Sworn and Subscribed to before me `~`
this day of l ~
A.D.
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RE: ESTATE OF GEORGE M. IN THE COURT OF COMMON PLEAS OF
TURNER CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-08-0161
ORPHANS' COURT DIVISION
ORDER
AND NOW, this 5 day of ~~~,~ , 2008, upon consideration of the
ition to Terminate Residency Rights filed on behalf of Helen T. Groff, Executrix, it is hereby
ERED that a RULE is issued upon Respondent Deborah B. Turner to shovv° cause, if any she
uld have. why the relief requested in the aforementioned Petition s~ould not be granted.
RULE RETURNABLE within twenty (20) days of service of this Order upon Respondent
ah B. Turner.
A hearing is hereby scheduled on the Petition to take place on the ~,a`~~ da of
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~~~~~~ , 2008 in Courtroom No. ~ at ~~~~ o'clock C~..m.~, at the Cumberland County
:ourthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
BY THE COURT:
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TRUE COPY FROM RECORa
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LAW OFFICES
SNELBAKER EC
BRENNEMAN, P.C.
RE: ESTATE OF GEORGE M. IN THE COURT OF COMMON PLEAS OF
TURNER CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-08-0161
ORPHANS' COURT DIVISION
ORDER
I AND NOW', this day of , 2008, upon consideration of the
i
~etition to Terminate Residency Rights filed on behalf of Helen T. Groff, Executrix, it is hereby
RDERED that a RULE is issued upon Respondent Deborah B. Turner to show cause, if any she
1lould have, why the relief requested in the aforementioned Petition should not be granted.
RULE RETURNABLE within twenty (20) days of service of this Order upon Respondent
Borah B. Turner.
A hearing is hereby scheduled on the Petition to take place on the day of
, X008 in Courtroom No. at o'clock .m. at the Cumberland County
'ourthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
BY THE COURT:
.I.
LAW OFFICES
SNELBAKER 8C
BRENNEMAN, P.C.
RE: ESTATE OF GEORGE M. IN THE COURT OF CO~,~M,MON PL~AS OF~:.~
TURNER CUMBERLAND COL1-T~~~PENI~I'LVAh1'IA
NO. 21-08-0161 r.~'--1.'~ r ~i r_.'~
.• ORPHANS' COURT DIV'~~~ ~ ~ ;~':>
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PETITION TO TERMINATE RESIDENCY RI ~~r'H~ .._.
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Helen T. Groff, Executrix of the Estate of George M. Turner. Deceased, by her attorneys,
nelbaker & Brenneman, P. C., submits this Petition as follows:
1. Petitioner is Helen T. Groff duly appointeca Executrix of the Estate of George M.
er, Deceased, by grant of Letters Testamentary issued by the Register of Wills of
Cumberland County, Pennsylvania on February 15, 2008.
2. Respondent is Deborah B. Turner, an adult individual and surviving spouse of George
~M. Turner, who is presently located in the Cumberland County Prison.
3. Ueorge M. Turner (the "Decedent") died February 11, ?008 having made his Last Will
and Testament dated August ?, ?006 (the "Will"), which Will was submitted to probate on
February 15, ?008.
4. Pursuant to Paragraph Third B of the Will, the real property owned by George M.
~urner and located at X200 Harvard avenue, Camp Hill, Pennsylvania (the "Property') was given
~y Decedent to his daughter, Lexa R. Turner, subjec* to the right of Respo.~dert to reside ir, the
house on the property for a period of one year starting from the date of Decedent's death
provided Respondent pays "for the utilities and taxes for that year." A~true and correct copy of
Decedent's Will is attached hereto and incorporated by reference herein as "Exhibit A".
~. Respondent has failed and refused to pay for the utilities and real estate taxes
LAW OFFICES
SNELB AKER BC
BRENNEMAN, P.C.
applicable to the Property provided, assessed and billed aftei° the date of George M. Turner's
death.
6. As a result of Respondent's failure to pay for utilities servicing the Property, the
lectric service at the Property has been terminated, the sewer and water account is delinquent
taxes on the Property remain unpaid.
7. The condition of Respondent's ability to reside at the Property; that is, her payment of
es and utilities, is not being met.
8. As a result of Respondent's failure to pay the taxes and utilities, the costs of such
atility services and outstanding taxes assessed have become and will be the responsibility of the
to pay.
9. In addition to the above. Respondent has left the Property deteriorate and it is
sently in a state of disrepair.
WHEREFORE, Petitioner requests this Court to:
A. Issue an Order terminating and ending Respondent's right to reside at the Property
at 2200 Harvard Avenue, Camp Hill, Pennsylvania.
B. Order and direct Respondent to pay all outstanding utility bills and taxes assessed
against and pertaining to the Property incurred subsequent to George M. Turner's
death; and
C. Grant Petitioner such other and additional relief that this Court deems just and
appropriate.
S?tiTELBAKEf: & BRI~'NNE:~1A'~', P. C.
LAW OFFICES
SNELBAKER SC
BRENNE MAN, P.C.
(~
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
September 2, 2008 Attorneys for Petitioner Helen T. Groff, Executrix
_7_
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
that false statements herein are made subject to the penalties of 18 Pa.C'.S. Section
904 relating to unsworn falsification to authorities.
Helen "T. Groff, Ehecut
(Date: September 2, 2008
LAW OFFICES
SNELBAKER SC
BRENNEMAN, P.C.
of
GEORGE METZGER TURNER
I, GEORGE METZGER TURNER, a resident of the County of
Cumberland and Commonwealth of Pennsylvania, do make, publish and
declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils heretofore made by me.
FIRST: I direct that the just expenses of my last illness and funeral be
paid from my estate as soon as practicable after my death.
~ SECOND: My family consists of my Wife, Deborah Belle Turner rn
y
Dau hter Lexa Rae Turner and m Sister H
g y elen Turner Groff. I do not wish
for the following persons to inherit: my step-son; Rrt,an Michael S,,,itl-; an~j
Daniel George Sanger.
j THIRD: I make the specific devises and bequests to the following
persons:
A. My old gold Diamond engagement ring which is currently in the
1
EXHIBIT A
custody of my Wife, to my daughter, Lexa Rae Turner.
B. The real property located at 2200 Harvard Avenue, Camp Hill, PA
17011, which I have owned free and clear prior to my marriage, to my
Daughter, Lexa Rae Turner. Provided however, from the date of my
death and for one-year thereafter, my Wife, Deborah Belle Turner may
reside in the home provided that she pay for the utilities and taxes for
that year.
C. All of the furniture in the home and household belongings as well as the
1999 Chevrolet Cavalier Z24 to my Wife, Deborah Belle Turner.
D. My 1987 Mercury Grand Marquis to my friend, Walter E. Trayer.
FOURTH: I devise and bequeath all the rest, residue and remainder of
my estate to my Wife, Deborah Belle Turner and to my Daughter, Lexa Rae
Turner, share and share alike. In the event that my Wife does not survive me
by at least thirty 30) days, then I devise and bequeath all the rest, residue
and remainder of my estate to my Daughter, Lexa Rae Turner.
FIFTH: I appoint my Sister, Helen Turner Groff, as Executor of this,
2
my Last Will and Testament.
SIXTH: In the event she predeceases or fails to qualify, I ,appoint my
Daughter, Lexa Kae Turner, as Executor of this my Last Will and', Testament.
SEVENTH: I authorize my Executrix or Executor to have all of the
power and authority conferred under the Probate, Estates and Fiduciaries
Code, and specifically I grant upon my Executor the full power amd authority
to sell real estate and personal property and to deliver good deed' to the same
without court order.
EIGHTH: These authorities shall extend to all real and personal
property at any time held by my Executrix or Executor, and shall icontinue in
full force and effect until the actual distribution of all such property. All
powers, authorities and discretion granted by this Will shall be in addition to
those granted by law and shall be exercisable without leave of Court.
NINTH: I direct that all estate, inheritance, transfer and succession
taxes, federal, state and foreign of any kind whatsoever, which may be due
and payable as a result of my death, together with all interest and j'penalties
3
thereon, with respect to the property includable for such tax purposes, shall be
~•paid from the principal of my residuary estate. I authorize my Executrix or
Executor to pay such taxes at such time or times as he in his absglute
discretion, may deem advisable.
TENTH: Until actual distribution, no part of the income or principal
shall be subject to anticipation or alienation by any beneficiary nqr shall it be
subject to attachment because of the obligations of any beneficiary.
ELEVENTH: I direct that my Executrix or Executor shall not be
required to give bond for the faithful performance of his duties in any
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day
of ~~ , 2006.
~,
F~ RG ETZ UAN ~~
The preceding instrument, consisting of this and (~) other
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typewritten pages, was on the day and date thereof signed, published and
declared by ,the Testatrix/or therein named, as and for her his Last Will, in the
presence of us, who, at her his request, in her his presence, and in the
oresence of each other, have subscribed our names as witnesses hereto.
ACKNOWLEDGMEN'
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF YORK
Before me, a Notary Public in and for said County and Commonwealth,
perscnaIly appeared the w-~dersigned Testai:rix/or and witnesses who, being
duly sworn according to law, did acknowledge, depose and say:
We, GEORGE METZGER TURNER, the undersigned Tes~atrix/or, and
the undersigned witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn and qualified accordling to law, do
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hereby depose, declare and acknowledge to the undersigned authority that the
Testatrix/or signed, declared and executed said instrument as her his Last WiII
in the presence, hearing and sight of the witnesses and that Test~trix/or signed
willingly and executed said Will as her his free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence,
hearing and sight of the Testatrix/or and of each other, signed said Will as
witness and that to the best of each affiant's knowledge, the Testatrix/or was at
the time eighteen (18) years of age or older, of sound mind and under no
constraint or undue influence.
Sworn to and subscribed to
bef re me this day of
2006.
Public
Notarial Seal
Join M. Ogden, Notary Public
City of York, York County
My Commission Expires Nov. 2. 2(306
RAE METZ
itraess
fitness
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