HomeMy WebLinkAbout10-29-09.:~ ..~-
AF~Jn~~EO OFF,;,
OCT 29 PM 12~ 09
C~ FMK ~~ IN THE COURT OF COMMON PLEAS
OF.°` ~' ' T OF CUMBERLAND COUNTY, PENNSYLVANIA
~~ ~_ ~ r,,
`'~' ORPHANS' COURT DIVISION
C~.~ , ,
IN RE: Estate of Alice M. Swartz, NO. ~ ~ ° () 9~ ~~ °~
Deceased
~EEN NLAW FIRY ,
PETITION FOR CITATION
To The Honorable, The Judges of the Said Court:
AND NOW, this 27s' day of October, 2009, comes the Petitioner, Kathleen M.
McKenney, Executrix under the Last Will and Testament of Alice M. Swartz, by and
through her attorneys, the law firm of BENNLAWFIRM, and hereby requests this
Honorable Court to issue a Citation in the above matter directed to any and all interested
parties, to show cause why the duplicate copy of the Last Will and Testament of Alice M.
Swartz should not be probated, and in support thereof, avers the following:
1. Kathleen M. McKenney (hereinafter refeaed to as "Petitioner") is an adult
individual with an address at 13 Cedaz Road, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. Alice M. Swartz, (hereinafter referred to as the "Decedent"), died February
15, 2009, leaving a Last Will and Testament that was executed on May 11,
1992.
3. Decedent executed said Last Will and Testament at the Law Offices of
Stephen J. Hogg at 19 S. Hanover Street, Cazlisle, Cumberland County,
Pennsylvania 17013
103-107 E. MARKET ST.
P.O. BOX 5185
YORK, PA 17405-5185
~BlNNLAWFIRM
4. Decedent executed said Last Will and Testament in front of two (2)
witnesses: Arthur L. Danner and Stanley L. Hurst.
5. The original Last Will and Testament that was executed by Decedent cannot
be located.
6. Petitioner possesses an exact photocopy of the Last Will and Testament of
Decedent that was executed on May 11, 1992. (Attached hereto, made a part
hereof, and mazked as Exhibit "A" is a true copy of said Last Will and
Testament).
7. To Petitioner's knowledge, Decedent did not execute any Will subsequent to
the execution of the above-referenced Last Will and Testament, nor did she
execute any codicils and/or amendments to same.
8. To Petitioner's knowledge, Decedent did not destroy the Last Will and
Testament of Decedent that was executed on May 11, 1992.
9. Petitioner is a party in interest in the Estate of the Decedent, being an Heir
and Executrix of the said Estate.
10. Attorney James F. Logue confirmed via a telephone call to Attorney Stephen
J. Hogg that his office does not possess the original Will.
11. On October 11, 2009, Arthur L. Danner confirmed via an Affidavit, that, to
his knowledge, Decedent did not execute a new and/or amended Will
subsequent to May 11, 1992, nor does he have knowledge that the May 11,
1992 was destroyed. (Attached hereto, made a part hereof, and marked as
103-107 E. MARKET ST.
P.O. BOX 5185
Exhibit "B" is a copy of said Affidavit).
YORK, PA 17405-5185
12. On October 14, 2009, Stanley L. Hurst confirmed via an Affidavit, that, to his
~BENNLAWFIRN
knowledge, Decedent did not execute a new and/or amended Will subsequent
to May 11, 1992, nor does he have knowledge that the May 11, 1992 was
destroyed. (Attached hereto, made a part hereof, and mazked as Exhibit "C"
is a copy of said Affidavit).
13. There would be no prejudice to the Estate as Alice M. Swartz should the
duplicate copy of her Last Will and Testament be probated.
14. At the time of Hearing, Petitioner will present at least two (2) witnesses who
can attest to the statements located herein.
WHEREFORE, Petitioner, Kathleen M. McKenney, respectfully requests that this
Honorable Court awazd a Citation directed to any and all interested parties of the Estate of
Alice M. Swartz, to show cause why the attached duplicate copy of the Last Will and
Testament of Alice M. Swartz should not be probated.
Respectfully submitted,
BENNLAWFIRM
By.
es F. Lo uire
Attorney I. 02170
P.O. Box 5185
103 E. Mazket St.
York, PA 17405-5185
(717)852-7020
103-107 E. MARKET ST.
P.O. BOX 5185
YORK, PA 17405-5185
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
I, Kathleen M. McKenney, being duly sworn according to law verify that the
statements contained in the foregoing "Petition for Citation" aze 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. Section 4904 relating to unsworn falsification to
authorities.
DATE: /O~i70~0 f /(itf,~~.c.) 719. /nr~
Kathleen M. McKenney ~~
WILL OF
ALICE M. SWARTZ
I, ALICE M. SWARTZ, of Mechanicsburg, Cumberland
County, Pennsylvania, declare this to be my last Will and
hereby revoke all prior wills and codicils.
1. I direct that all my just debts, funeral
expenses, gravemarker and administrative expenses shall
be paid from my residuary estate as soon as practicable
after my death.
2. I direct that all inheritance, estate, transfer,
succession and death taxes of any kind whatsoever which
may be payable by reason of my death shall be paid out of
my residuary estate.
3. I direct that my entire estate be .distributed as
follows:
A. I direct that the my estate of whatever
nature and wherever situate be divided equally between my
daughter, Kathleen M. McKenney, and my son, Mark A.
Turns.
B. Should either Kathleen M. McKenney or Mark A.
Turns predecease me, I direct that that deceased child's
share shall lapse and my entire estate go to my surviving
child.
4. I appoint Kathleen M. McKenney as Executrix of
this_my._last Will. If she should predecease me or-cease--
to act in such capacity, I name Mark A. Turns to so
serve.
5. The Executrix of this Will shall have the power
to distribute my estate in kind or in cash, or partly in
either.
6. I direct that no Executrix acting under this
1 shall be required to enter bond in any jurisdiction.
lAW OFFICES OF
iTEPHEN J. HOGG
401 E. LOUTHER STREET
CARLISLE, PA 17013
IN W~TNESS WHER~F, I have hereunto set my hand this
h7~ day of ~ ~`C~' 1992..
%/~
ALI- C~ E M ~ARTZ
EXHIBIT
~~
...._--. __.._._..... .........._ The..precQdi,ng instswnent uanaieting of this. arid..osta_._.~______
other page was on the day and date hereof signed,
published and d®clared by ALICE M. SWARTZ, as and far her
last Will in the prssenes of us, who at hsr.regtiest, in
her presence and in the prssenoe of each other hive
subsoribed cur names as witnesses hereto. ;.
E• .
L~Yn~
.::
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l
6AW OFFICS80F
5TF8HFN J. NOGG
407 H. COUTHER SYREQ7
CARLISLe. PA 1703
. ... ~ '
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ACIQitlWT,EDGML~N'fi'
Commonwealth o£ PennyXvania
ss
County oP Cumberland
I,.ALICS M. SWARTZ, the testatrix, whose .name ,is
signad.to the attached or foregoing instrument, having
bean duly qualified according to law, do hereby
acla~owladga thnt Z signed and executed the instrument as
my last Willt that T signed it willingly and as my free
and voluntary act for the purposes therein expressed.
}~ ,4... r~yea yi .NIi ..~ ..
F^x:(~+•:9 r1 y ....: M:d ii n., : ~' ~trSy; .':, i,.r! 4,.7, .• . .. }~ _
.• r..: ~ ALICF~ M. SSPART~Y~ ~ ~..;,.,I;;cr;,'"
sworn to or affirmed and acknowled ed before me by
ALICE M. 9WARTZ, thq testatrix, 'this ay pt
, 1992.
ey
:..... ............... ': AFFIDAVIT
Commonwealth of Panneyivania
ss
County of Cumberland ~'fy- y~-
Wa,r¢,~i/,~C.//C' Z. ~.'~.~%VC-'~hnd J /QY~,i rS/ '
the witness®s whoca names are signs t the a tatrhad or
foregoing. instrument, being duly qualified according to
law, do depose and say that we ware present and saw the
testatrix sign and axaaute the instrument as her last
Will; that the testatrix signed willingly and executed it
as her free and voluntary apt for tha'purposea therein
- - axprasgadi that aaoh aubsoribing witness in the°Yii3'h'tnq-'-`-
... .. and .aight..,oP .the testatrix signed the Will as...a w,itneasj... __~ ., _-..~•; ;
and that. to the bast o! our knowledge the testatrix was K.
;`.~~~ a~ that time 18 or more yearm of age, o£ sound mind and,
"'' '' "" under no constraint or undue influen e.. `'~'''
` -.:;rs
- Sworn to or affirmed and stab ribad to before me by
witnesses, this ,' / 4.day of lr~cr 1992.
Commonwealth of Pennsylvania
~B[NNLAWFIRM
103-107 E. MARKET ST.
P.O. BOX 5185
YORK, PA 17405-5185
County of Cumberland
ss.
AFFIDAVIT
I, Arthur L. Danner, of 1120 Centerville Road, Newville, Cumberland County,
Pennsylvania, 17241, being duly sworn, depose and say that I was one of two witnesses to
observe Alice M. Swartz execute her Last Will on May 11, 1992, at the Law Offices of
Stephen J. Hogg. I further aver that Alice M. Swartz was of sound mind, memory and
understanding at the time she executed said will. It is further my statement that Alice M.
Swartz signed her Last Will willingly and that she executed it as her free and voluntary act
for the purposes therein expressed. I further depose that, to the best of my knowledge, the
Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no
constraint or undue influence. I further aver that I signed the Will as a subscribing witness
in the hearing and sight of the Testatrix.
I further depose and say that, to the best of my knowledge, the Testatrix did not
execute any Will subsequent to the execution of her Last Will referenced herein, nor did
she execute any codicils and/or amendments to same. To my knowledge, Testatrix did not
destroy her Last Will referenced herein. I have reviewed the copy of the will attached to
this Affidavit as Exhibit "A", and depose and say that it appears to be an exact photocopy
of the Last Will that was executed on May 11, 1992.
Sworn to and subscribed
before me this /L_day
of October, 2009. ,
Arthur L. er
~~
NOTARIAL SEAL ~ E7CFMe1T
SNIRLEY A KENNEDY
PENN TYYP., CtNABERLAND COUNTY ~ /
iAy Commbelon E[pm JW 18, 2019
Commonwealth of Pennsylvania
County of Cumberland
ss.
~EENNLAWiIEM
AFFIDAVIT
I, Stanley L. Hurst, of 1225 Redwood Hills Circle, Carlisle, Cumberland County,
Pennsylvania, 17015, being duly sworn, depose and say that I was one of two witnesses to
observe Alice M. Swartz execute her Last Will on May 11, 1992, at the Law Offices of
Stephen J. Hogg. I further aver that Alice M. Swartz was of sound mind, memory and
understanding at the time she executed said will. It is further my statement that Alice M.
Swartz signed her Last Will willingly and that she executed it as her free and voluntary act
for the purposes therein expressed. I further depose that, to the best of my knowledge, the
Testatrix was at that time eighteen (18) yeazs of age or older, of sound mind and under no
constraint or undue influence. I further aver that I signed the Will as a subscribing witness
in the hearing and sight of the Testatrix.
I further depose and say that, to the best of my knowledge, the Testatrix did not
execute any Will subsequent to the execution of her Last Will referenced herein, nor did
she execute any codicils and/or amendments to same. To my knowledge, Testatrix did not
destroy her Last Will referenced herein. I have reviewed the copy of the will attached to
this Affidavit as Exhibit "A", and depose and say that it appears to be an exact photocopy
of the Last Will that was executed on May 11, 1992.
~~ /
Stanley urst
Cun~,.ps~x~l Cc~
~~
Sworn to and subscribed
before me this /day
of October, 2009.
Notary P1Yblic ~ °
TH OF PENNSYLVANIA
103-107 E. MARKET ST. HOy~ geV
Kelhryn M. Huntrlnper, NOLry Public
P.O. BOX 5185 Cerlieie Ecru, CumbrWd CauMy
My CanmNebn E~he Feb. 27, 2013
YORK, PA 17405-5185 Member, PennsyNenle AiexlNbrr of oteriea
CERTIFICATE OF SERVICE
~BRNNLAWFIRY
I hereby certify that I have served a copy of the foregoing "Petition for Citation" on
the following individuals, the parties interested in the Estate of Alice M. Swartz, by United
States First Class Mail, on this 27`~ day of October, 2009, addressed as follows:
Arthur L. Danner
1120 Centerville Road
Newville, Pennsylvania 17241
Stephen J. Hogg, Esquire
19 S. Hanover Street
Cazlisle, Pennsylvania 17013
Kathleen M. McKenney
13 Cedaz Road
Mechanicsburg, PA 17055
Stanley L. Hurst
1225 Redwood Hills Circle
Cazlisle, PA 17013
Mazk A. Turns, Sr.
2839 William Penn Highway
Mifflintown, PA 17059
Respectfully submitted,
BENNLAWFIRM
By:
es F. Login, ire
Attorney I.D ~ 170
P.O. Box 5185
103 E. Market St.
York, PA 17405-5185
(717)852-7020
103-107 E. MARKET ST.
~ P.O. BOX 5185
~ YORK, PA 17405-5185