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HomeMy WebLinkAbout08-26-09ESTATE OF MARY JANE BOUST LINDEMUTH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0. 21-07-0385 ~ ~ ,~, ~ t~ M / t ~ h '_ (_ f . -~` cry : Cfl ;-, _ ... ~ . ;,, _ :~' c.n ~. ~ . ;..~4 PETITION FOR REMOVAL OF NANCY J. MYERS AS EXECUTRIX TO THE HONORABLE JUDGE OF SAID COURT: Nancy J. Myers, Executrix of the Estate of Mary Jane Boust Lindemuth, respectfully requests that she be removed as Executrix, and in support thereof represents that: 1. This petition is filed under Sections 3182, 3183 and 7121 of the Probate, Estates and Fiduciaries Code. This court has exclusive jurisdiction under Sections 711(1), 711(2) and 711(12) of the Probate, Estates and Fiduciaries Code. 2. Decedent, Mary Jane Boust Lindemuth, a/k/a Mary Jane Lindemuth, died on Apri12, 2007. 3. Decedent left a will dated December 30, 1994, which was duly admitted to probate by the Register of Wills of Cumberland County, Pennsylvania, at No. 21-07-0385. Letters testamentary have been issued to Nancy J. Myers as the Executrix named in Item VIII of the will. A copy of decedent's will is attached hereto as Exhibit "A." 4. Petitioner resides at 366 West North Street, Carlisle, Pennsylvania 17013. 5. Petitioner has allegedly encountered difficulties while she was acting as Guardian of the Decedent during Decedent's lifetime, whereby substantially all of the assets of the Decedent are currently frozen by the Orphans' Court of Dauphin County, Pennsylvania, in light of pending investigation, and she is therefore, unable to administer the Estate. 6. Because of this situation, creditors and beneficiaries of the Estate remain unpaid. 7. Petitioner believes that said Court will allow the frozen assets to be released to the Decedent's Estate if Petitioner is removed as Executrix and PNC Bank, the substitute Executor named in the Will, is appointed to serve as Administrator of the Estate. 8. Petitioner has signed a Renunciation dated June 29, 2009 renouncing the right to administer the Estate, a copy of which is attached hereto as Exhibit "B." 9. PNC Bank has agreed to serve as Administrator of the Estate upon the removal of Petitioner as Executrix. WHEREFORE, Petitioner hereby requests that she be removed as Executrix of the Estate of Mary Jane Boust Lindemuth, deceased. r lQ ~~ By Stephen L. Bloom, Esquire Supreme Court I.D. No. 4981,1 IRWIN & McKNIGHT, P.C. 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Nancy J. Myers, being duly sworn according to law, deposes and says that she is the petitioner in the foregoing petition and that the facts set forth therein are true and correct to the best of her knowledge, information and belief. 1 l Nancy 1. A Sworn to and subscribed before Me this day of , 2009. '~ ~j , ; ~'/ ~ ,, CO(~MONWEALfiH ~lF~ fs~ N~-YI.~~NI~ Notarial Seal Karma S. 6~c~i, Notary Public Carlisle Bore, ~umberiand County ~, Commission Expires Dec. 8, 2011 Member, Pennsylvania Association of Notaries a LAST l1ILL A~iD T88TAMSN'1' O BE IT REMEMBERED THAT I, MARY JANE (BOUST) LINDEMUTH, a resident of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my LAST WILL and TESTAMENT, hereby revoking any and all Wills and Codicils previously made by n~a. I I declare that I am not married, my beloved husband, DONALD L. LINDEMUTH, having predeceased me, and that I have one (1) child, NANCY J. TORIBIO. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IV I direct that all of my clothing be given to charity. V I give and bequeath the sum of ONE THOUSAND DOLLARS ($1,000.00) to SAINT MARR LUTHERAN CHURCH, Mechanicsburg, Pennsylvania, for the purpose of reducing the debt of the church. VI I give, devise and bequeath all the rest, residue and remainder of my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment as follows: TWENTY PERCENT (20$) to my daughter, NANCY J. TORIBIO, per stirpes; EIGHTY PERCENT (80$) to be divided equally among the following, per stirpes: ELLEN CAMP BLOOM, ELWOOD CAMP, JR., DALE LINDEMUTH, RICHARD LINDEMUTH, SALLY LINDEMUrI'H, IRV LINDEMUTH, JR., CHARLES M. BOUST, ROBERT ROUST, and TI~I ROUST. VII I direct that I be buried in the Northumberland Cemetery in a lot between my husband, DONALD, and my sister, ANN BOUST. VIII I nominate, constitute and appoint my daughter, NANCY, as Executrix of this LAST WILL, to serve without bond. If my daughter is unable or unwilling to act iii that capaoity, then I nominate, constitute and appoint PNC BANK as Executor of this LAST WILL, to serve without bond. IN WITNESS WHEREOF, I, MARY JANE (BOUST) LINDEMUTH, have set my hand to this LAST WILL this 30th day of December, 1994. ~`z~~ r .~ E (ROUST) LIND Signed, sealed, published and declared by the above-named MARY JANE (BOIIST) LINDEMUTH, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence,~a~id in the presence of each other, have hereunto subscribed our~,xfan(es as witnesses. ~. ~ '~ `, ~; ,~,- 2 ACg~TOWL$DGBMS~1'P CONII~tONWEALTH OF PENNSYLVANIA - ss. COUNTY OF CUMBERLAND - I, MARY JANE (BOUST) LINDEMUTH, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my LAST WILL; that I signed it as my free and voluntary act for the purposes therein expressed. C ~ MAR E (BOUST IND Sworn or affirmed to and acknowledged before me by MARY JANE (BOUST) LINDEMUTH, Testatrix, this 30th day of December, 1994. iVctaral Seai bi1nB M. rxnl~t, Notary Public M4~18t?r~ ~r~, Cumt;~rl~nd County 11Ay hr:~!7ii•~.5. ~ i;x~ires,kirre 22, i996 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANC -., Notary Public ss. We,~~r~e/ I'Q. LLB-~~~~s~ ~ and m~'y .Zoc,~ ~'u7`~i,ka~sk the witnesses whose names are signed to the attached or fore oing instrument being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her LAST WILL; that MARY JANE (BOUST) LINDEMUTH signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the.- hearing and sight of the Testatrix signed the Will as witnesses..; and that to the best of our knowledge, the Testatrix wes at e time 18 years of age or more, of sound mind d under no cionst int or undue influence. `~ J~ ~1 ? /. f ' / '~ / ~~ Sworn or affirmed to an ac owieageci before m this 30th day of December, 1994. 1 `. ,„' j~~ Notary Publ c + Nci2riai real t?iane M. Srti~, tik-Mary Put~Gc MECIY':i'^S[N!!'~ r3oro, Gumbor43nd Countyy Niy ~,n! ; u'~t~;i~±nr~ L" r{rids Jug ,a 22,1996 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of MARY JANE BOUST LINDEMUTH ,Deceased I, NANCY J. MYERS , in my capacity/relationship as (Print Name) EXECUTRIX of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to PNC BANK, NATIONAL ASSOCIATION _ JUNE 29, 2009 J ~~~ (Date) (Signature) (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciatipn for the purpo ted within on this ~1-'~ day of , No Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karen S. Moel, Notary Public Carlisle Bom, Cumberland Coin, My Commission E~ires qec, 8, 2011 Member, Pennsylvania Association of Notaries ~:~c h ~~i ~ '' ~ "