HomeMy WebLinkAbout12-14-09IN RE: IN THE COURT OF COMMON PLEAS
WILLIAM E. JONES CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT -LAW
NO. 21-2009-01132 `~~, ~ _ ~,
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APPEAL OF PROBATE, PETITION TO INTERVENE. ~ =~; r
PETITION FOR IN3UNCTIVE RELIEF '':? ~ ~~~
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AND NOW, this day of December, 2009, comes Petitioner, Gwendol~n~iosl
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who makes the following Petition to the Court of Common Pleas:
1. The Petitioner Gwendolyn Mosley, an adult individual residing at 6450 Oak View
Drive, Harrisburg, Dauphin County, Pennsylvania 17112.
2. The Petitioner is acting on her own behalf and on behalf of Christine Young, an
adult individual residing 767 high Street, Bressler, Pennsylvania, 17113.
3. Petitioner is a second cousin to William E. Jones and Christine Young is a first
cousin to William E. Jones.
4. The above captioned decedent died on December 3, 2009.
5. A Will purportedly executed by William E. Jones was presented for Probate and
accepted into Probate on December 7, 2009 in the Court of Common Pleas of Cumberland
County.
6. The Will was executed on May 5, 2009.
7. Bazbaza Spraglin was appointed as Executrix of the Estate of William E. Jones.
S. Your Petitioner appeals the probate of the Will and seeks injunctive relief for the
following reason:
A. In a related matter docketed to 2009-940, a hearing was held relative to the
validity of a certain Power of Attorney executed by Reverend Jones appointing Christine Young
as his Power of Attorney. This Power of Attorney was challenged by Fred D. Johnson and
others associated with the Shiloh Missionary Baptist Church in the borough of Carlisle. At the
hearing, Petitioner Reverend Fred D. Johnson presented an expert witness named Dr. Douglas J.
Bower, Md. Practicing at Maslin Associates Inc., in Cazlisle. At the hearing Dr. Bawer testified
that William Jones did not have the mental capacity to understand and execute documents in July
of 2009 but also did not mental capacity to understand and execute documents in April of 2009.
The Will which was permitted into Probate was executed on May 5, 2009.
B. At the time William 3ones executed the Will he was subjected to
substantial pressure to execute the Will by certain members of the Church and others who took
advantage of his mental capacity and significant physical imparities thereby asserting undue
influence on him at the time of the execution of the Will.
9. Your Petitioner seeks immediate relief from the court to protect the assets of
Reverend William E. Jones from immediate and irreparable harm.
10. Barbara Spraglin should be restrained from exercising any powers granted by the
Will and the probate of that Will.
WHEREFORE, your Petitioner, requests this Honorable Court to grant the following
relief.
A. That the Last Will and Testament of William Jones dated May 5, 2009,
should be set aside;
B. That the Executrix, Barbara Spraglin be immediately enjoined from
exercising any powers under that Will and through the Grant of Letters through the Register of
Wills of Cumberland County;
C. Your Petitioner requests that a hearing be scheduled to determine the
issues presented in the Petition.
Respectfully submitted,
L. Rex Bickley, wire
114 South Stre
Harrisburg, P nnsylvania 17101
717/234-0577
Attorney LD. # 23095
CERTIFICATE OF SERVICE
I, L. Rex Bickley, Esquire, attorney for Christine Young hereby certify that on this / `% ~
day of December, 2009, I served a true and correct copy of the within Petition for Appeal of
Probate, Petition to Intervene, Petition for Injunctive Relief by first class mail, postage prepaid at
Harrisburg, PA to the following:
Marcus A. McNight, III, Esquire
IRWIN & McNIGHT, P.C.
60 West Pomfret Street
Cazlisle, Pennsylvania 17013
L. Rex Bickley
114 South St.
Harrisburg, PA 17101
717-234-4577
VERIFICATION
I, Gwendolyn Mosley verify that the facts set forth in the within Petition are true and
correct to the best of my information, knowledge and belief. I understand that false statements
made herein are made subject to the penalties of Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
Date: 12/ /'Y/Zb0 ~f
l ( / Gwendolyn Mosl y