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Home My WebLink About04-06-09Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover I.D. No. 200997 301 Market Street Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com Attorneys for Petitioner `~~ c-> t- ~~~ ~~ ~--~ BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY NO. 21-08-1000 ESTATE OF JOSEPH SAMUEL LOTZ N a a -v a~ -v z N 5!J PETITION FOR CITATION TO COMPEL PRODUCTION OF FIRST CODICIL PURSUANT TO 20 PA. C.S. § 3137 TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA TO THE HONORABLE REGISTER OF WILLS: Petitioner, Shirley Bennett Lotz, respectfully represents that: 1. Petitioner, Shirley Bennett Lotz, resides at 1001 Rupley Avenue, Apartment 101, Camp Hill (Wormleysburg Borough), Cumberland County, Pennsylvania 17011. ~.3 :zt ~~~~ r_E ~. ~ .~_-, ~-~ rri ,. .~ -~~ _ ~~ " :. ~1 ., ~. S 2. Joseph Samuel Lotz (also known as Joseph S. Lotz) (Decedent) died on October 2, 2008. 3. Decedent's principal residence was at 1001 Rupley Avenue, Apartment 101, Camp Hill (Wormleysburg Borough), Cumberland County, Pennsylvania 17011. 4. The Last Will and Testament of Decedent was admitted to probate by the Register of Wills of Cumberland County and Letters Testamentary thereon were issued to Dyan L. Yingst (Decedent's daughter) as designated Executrix on October 7, 2008. 5. Decedent was survived by Petitioner and three (3) children: Dyan L. Yingst, residing at 801 Pheasant Road, Harrisburg, Pennsylvania 17112, Linda A. Lotz, residing at 1900 Frontage Road, Building 1, Suite 1808, Cherry Hill, New Jersey 08034 and David W. Lotz, residing at 398 Sweetbriar Drive, Harrisburg, Pennsylvania 17111. 6. On February 27, 1995, Decedent executed his Last Will and Testament, a copy of which is attached hereto, marked Exhibit A, which devised and bequeathed Decedent's residuary estate, in equal shares, to his children as described above. 7. On October 7, 2008, Decedent's Last Will and Testament was admitted to probate by the Register of Wills of Cumberland County and Letters Testamentary thereon issued to Dyan L. Yingst, Decedent's daughter, his Executrix. 8. Petitioner believes that the First Codicil of the Will of Joseph S. Lotz, dated May 10, 2002, is in the possession of Executrix and Executrix has acknowledged to Petitioner's counsel that she was in possession of the First Codicil of the Will of Joseph S. Lotz, dated May 10, 2002 and did not realize that said First Codicil was part of the Will when she probated the Will as described above. 9. A photocopy of the First Codicil of the Will of Joseph S. Lotz, dated May 10, 2002, is attached hereto, marked Exhibit B. WHEREFORE, Petitioner requests that a Citation be issued directed to Dyan L. Yingst to show cause why she should not produce the First Codicil to the Will of Joseph S. Lotz, dated May 10, 2002, and why said First Codicil should not be probated as part of Decedent's Will. JOHNSON, DUFFIE, STEWART & WEIDNER Date: 0 ~- D ~' ~ `~ gy: Elizabeth Snover Attorney .200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Petitioner, Shirley Bennett Lotz :362145 VERIFICATION I, Shirley Bennett Lotz, verify that the statements made in the foregoing Petition are true and correct to the best of my 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. ~l.~l.a~ -.7an~t-1d1~. Shirley Be nett Lotz Dated: C~ ~ ~ ~J ~ - ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, JOSEPH S . LOTZ testator, whose name is si attached or fore fined to the going instrument having been dul according to law Y qualified do hereby acknowledge that exec~~ted the I have signed and instrument as my Last Will and Testame w~~~~r~gl~,. at~u -, ~ hat I for the act purposes therei 1 ~ as 1<<Y °ree and TGluntury n eXpressed. Sworn or affirmed to and acknowled LOTZ, the testator ged before this 27th da me by JOSEPH S, y of February, 1995, ,.. C. _ ~. ~. ` ~: JOSEPH ~~~~~~ ~ ~' L ` J, • LO Z ,~ NOT Y 'P f LI~C-~~/,r~'_----_ ~~~~ •r ~ F~ ~ ; r~:~ _~y ~~tr~ EXHIBIT A LAST WILL AND TESTAMENT, DATED FEBRUARY 27, 1995 -. r~ N ~t LAST WILL AND TESTAMENT I JOSEPH S. LOTZ, of 2?~ ~`?orth 40th Street, Harrisburg, - - ~_ ' COUnty C-~ Dal;ip111I1, t~C71.Sy1~%%clilla, U~~ he~e'r~y IIla;ie, pui.~115i7, %ail declare this to be my LAST WILL 1~ND TESTAMENT, revoking any and all prior_ wills and codicils, in manner following, that is to say, FIRST, that I direct that my Personal Representative shall pay ali of my just debts and funeral expenses as soon as this shall be practicable. SECOND, that upon my death I give, devise, and bequeath all of my property, real, personal, and mixed, to be divided equally among my children: DYAN M. YINGST, LINDA A. LOTZ, and DAVID W. LOTZ, per capita; that is, if any of my children have predeceased me, then I direct that the share of my predeceased child shall be divided equally between my surviving children. THIRD, that I hereby appcint my daughter DYAN M. YINGST as the Executrix of my Estate. I direct that. my Personal Representative shall not be required to post bond in this or in anV other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of February, 1995. "_ '-~ JOSE H~S ~ LOTZ '~~~- ~._ . c_:- ~~. , - WITNESS . c_ WITNESS COMMONWEALTH OF PENNSYLVANII-~ COUNTY OF DAUPHIN I, JOSEPH S. LOTZ, testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I have signed and executed the instrument as my Last Will and Testament; that I 7 ' L 5lyricU i~ wiliii~yl~; aiid. tilde ~ -' -, _ `J 1t>_1~. ~1 i~ aJ 1Liy 1rCC a.. `~J. ~,,,-~L.,r Viu~..Ln~~: act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by JOSEPH S. LOTZ, the testator, this 27th day of February, 1995. r ` .. _ \ ~_ ..JOSEPH LO Z ~ ,~''~ NOT y ~p ' ° "_ `~ . t ,~,~.~" LIC I P~i~T.-jF; `L ~.~,ti~ I KFLL'( ri. F~ . ~ ~- ie..3ry PutGC :~= _~ ~,43; __ ~F ~ ,£-~,• ~, -~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN WE, CHARLES E. PETRIE and TINA M. MONGIELLO, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his LAST WILL AND TESTArTENT; that JOSEPH S. LOTZ 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 that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed before me by CHARLES E. PETRIE and TINA M. MONGIELLO, witnesses, this 27th day of February, 1995. r^IITNESS ! <, /- ~ 4~ (~...~'~ i"'-T f` j~,i . ~~`"G,f,-ems WITNESS NC3'1'ARYf~BL I C r r r ~ _ L t_.~~..-~______~(~ _. _. ..__.__.~_..__._~__....t EXHIBIT B FIRST CODICIL OF THE WILL OF JOSEPH S. LOTZ, DATED MAY 10, 2002 ~ ~~~ FIRST CODICIL TO THE T~TILL OF JOSEPH S. LOTZ DATED 27TH DAY OF FEBRIIARY, 1995 I, Joseph S. Lotz, a resident of Dauphin County, Pennsylvania, declare this to be the first codicil to my will dated the 27th day of February, 1995. FIRST: I wish to revolve the section sequence stated as First and reidentify as First Sectio*:; Part "A." SECOND: I wish to insert a new item to be known as First Section, Part B, and will take precedence over the existing Second Section and all succeeding sections. Upon my death I bequeath the sum of $50,000 (Fifty Thousand Dollars) to my beloved wife, Shirley Bennett Lotz, in accordance with the terms of our Pre-Marital Agreement dated ~ ~ day of ~ owe ~yo Z_ . These monies are to be rendered in full as soon as possible after the First Section, Part A, is accomplished. On the date written below, Joseph S. Lotz declared to us, the undersigned, that this instrument, consisting of two pages, including this page and signed by us as witnesses, was the first codicil to his will and re- quest~d us to act as witnesses to it. He thereupon signed this codicil in our presence, all of us being present at the same time. We now, at his request, in his presence, and in the presence of each other, sub- scribe our names as witnesses, and declare we understand this to be his will, and that to the best of our knowledge the testator is competent to make a will, and under no constraint or undue influence. Executed on ~q~{ ~Q Z'~~at C~~,e `~~1' ~-~ ~~ ~ R We declare under penalty of perjury that the fore- going is true and correct. G.t~-t~.c.~ Witness's Signature Witness's Signature NOTA IAL SEAL LOUIS J. LORE, Notary Public Camp Hill Boro, Cumberland Co 2003 NIy Commission Expires April 14, ~_~ ~^~2 ,\\ ~V ignature <3~ 33 '~ ~ n~ L e ~~ Address t_~v ~3~,c ~s2 C. c~¢T ~.~.~ Pay- / 7 3 i 6 Address