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Home My WebLink About07-01-09IN RE: ESTATE OF BENJAMIN S. LYONS, Deceased. BEFORE THE REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA FILE NO. 1 -Q ~-1 PETITION FOR LETTERS OF ADMINISTRATION AND NOW comes Judith I. Scholl (hereinafter the "Petitioner") by and through her counsel, Gates, Halbruner, Hatch & Guise, P.C., and requests that the Register of Wills issue a Rule to Show Cause upon Michael Lyons (hereinafter the "Respondent") why the Petitioner should not be granted Letters of Administration for the Estate of Benj amin S. Lyons, deceased (hereinafter the "Decedent's Estate"), and in support thereof avers the following: 1. Benjamin S. Lyons (hereinafter the "Decedent") died intestate on Apri128, 2009, as the result of an automobile accident. 2. The Decedent is survived by his parents Judith I Scholl and Michaons , . . ~ ~ 3. ~ ~; C? r~ The Decedent was not married and has no issue ~ ~ ~ ~ ' '~a r . / : 1 ~ ~ _ _ .., 4. w ~~ ate * At the time of his death, the Decedent resided with the Petitioner.,, ~-~ ~ t ~ ~~._ w ~ 5. The Petitioner resides at 130 E. Locust Street, Mechanicsburg, Curer~and Co`itnty, ~~~:-~=~,"=~,`: w :.:.~_ .~ ~ t Y Pennsylvania 17055. 6. The Respondent resides at 231 Callanan Avenue, Bryn Mawr, Pennsylvania 19010. 7. The Petitioner provided the Respondent with a Renunciation for his signature in favor of the Petitioner serving as Administrator of the Decedent's Estate. 8. Counsel for the Petitioner also mailed the Respondent a Renunciation for his signature in favor of the Petitioner serving as Administrator of the Decedent's Estate. 9. To date, neither the Petitioner nor her Counsel has received any communication, either written or oral, from the Respondent indicating whether he intends to execute the Renunciation or petition the Court for his own appointment as Administrator of the Decedent's Estate. 10. There are issues, including insurance matters relating to the automobile accident, which require the prompt attention of an estate representative. 11. Attached hereto as Exhibit "A" is the standard Petition for Grant of Letters requesting that Letters of Administration be granted to the Petitioner. WHEREFORE, the Petitioner, Judith I. Scholl, respectfully requests that the Register of Wills issue a rule upon the Respondent, Michael Lyons, to show cause why the Register of Wills should not grant Letters of Administration to the Petitioner as the sole personal representative of the Decedent's Estate. Respectfully, GATES, HALBRUNER, HATCH & GUISE, P.C. Date: ~U ~~ ~[~ , 2009 Mark E. Halbruner, Esquire Atty. I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 e-mail: M.Halbruner(cr~,GatesLawFirm.com VERIFICATION The foregoing document is based partly upon information which I provided to my counsel and partly upon information which was gathered by my counsel. The language of the document is that of counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~~ ~ ~~ Date: ~(~ I~ ~. ~ ~ , 2009 Judith ~I. Scholl, Petitioner PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Benjamin S. Lyons File Number also known as ,Deceased Social Security Number 201-68-6705 Judith I. Scholl Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the named in the last Will of the Decedent dated and codicil(s) dated (State relevant circumstances, 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: Q B. Grant of Letters of Administration (!f'applicable, enter: c.t.a.; d.b.n.c.t.a.: pendente liter durante absentia; durante minoritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi Residence Judith I. Scholl Mother 130 E. Locust Street, Mechanicsburg, PA 17055 Michael Lyons Father 231 Callanan Avenue, Bryn Mawr, PA 19010 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 130 E. Locust Street, Boroueh of Mechanicsbure Pennsylvania 17055 (List street address, town/city, township, county, state, zip code) Decedent, then 22 years of age, died on April 28, 2009 at Hampden Township, Cumberland County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 7,500.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 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: Si nature T or rinted name and residence Judith I. Scholl, 130 E. Locust Street, Mechanicsburg, PA 17055 Form RW-02 rev. /0.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND . The Petitioner(s) above-named swear(s) or 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 or affirmed and subscribed before me the day of For the Register Signature of'Personal Representative Signature of Personal Representative Signature of Personal Representative File Number: Estate of Benjamin S. Lyons ,Deceased Social Security Number: 201-68-6705 Date of Death: Apri128, 2009 AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters of Administration are hereby granted to Judith I. Scholl in the above estate and that the instrument(s) dated n/a described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ Register of'Wills Short Certificate(s) ........ $ Attorney Signature: Renunciation(s) .......... $ $ Attorney Name: Mark E. Halbruner, Esquire • • • $ Supreme Court I.D. No.: 66737 ... $ $ Address: Gates, Halbruner, Hatch & Guise, P.C. • • • $ 1013 Mumma Road, Suite 100 ... $ • $ Lemoyne, PA 17043 ' $ Telephone: (717) 731-9600 ... $ TOTAL .............. $ 0.00 Form RW-O2 rev. /0.13.06 Page 2 of 2