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HomeMy WebLinkAbout01-25-10IN RE: : IN THE COURT OF COMMON PLEAS OF WILLIAM E. JONES :CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT -LAW N0.21- 2009 - 01132 NOTICE TO PLEAD ~ ~ ~' -~, ~~3 + ' r - ,r_ iT7 113 i_1. ~ ,,_ -' TO: Gwendolyn Mosley Y :_, {~" % ~'~ ~ L. Rex Bickley, Esq. ~~~ ~ ~ ~ `=- - ~ {~ ,.~ ~ ~- 114 South Street " _~~ W,~ ~- - - ~= ~-~ Harrisburg, PA 17101 - - ., .....,. ~~'~ -~'~~ - ~ rv ~ ' YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. IRWIN & McKNIGHT, P.C. By: Marcu A. McKn t, III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Date: January 25, 2010 1N ~~ : IN THE COURT OF COMMON PLEAS OF WILLIAM E. JONES :CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT -LAW N0.21- 2009 - 01132 ANSWER TO APPEAL OF PROBATE, PETITION TO INTERVENE, AND ~? PETITION FOR INJUNCTIVE RELIEF ~ =~ © ° = °~6' WITH NEW MATTER , , : ~ ~ ;,,~. ~:~. ' , <..-~ ~~ ~ ,-_~` r--~, j AND NOW, this 25th day of January 2010, comes the Respondent, ~~ S r hn k ~ r '_~ p ~ _ r =._, Executrix of the Estate of William E. Jones, by her attorneys, Irwin & McI~right, P.C~; and,;:; `.~~,' makes the following Answer to the Appeal of Probate, Petition to Intervene and Petition for , J Injunctive Relief with New Matter: 1. The averments of fact contained in paragraph one (1) of the Petition are admitted. 2. The averments of fact contained in paragraph two (2) of the Petition are admitted. 3 The averments of fact contained in paragraph three (3) of the Petition are admitted. 4. The averments of fact contained in paragraph four (4) of the Petition are admitted. 5. The averments of fact contained in paragraph five (5) of the Petition are admitted. 6. The averments of fact contained in paragraph six (6) of the Petition are admitted. 2 ~. The averments of fact contained in paragraph seven (7) of the Petition are admitted. 8. The averments of fact contained in paragraph eight (8) of the Petition are admitted in part and denied in part. A. It is admitted that a hearing was held on November 12, 2009, at 1:30 p.m. before Judge M. L. Ebert, Jr. regarding a Petition to challenge the validity and the use of a Power of Attorney dated July 3, 2009, by Christine Young. Testimony was offered regarding the capacity of William E. Jones to understand and sign documents in July of 2009 by Douglas J. Bower, M.D., the physician of William E. Jones. Dr. Bowers was not, however, asked for his opinion as to whether William E. Jones had testimony capacity and interest to execute a will on May 5, 2009. Dr. Bowers did testify that the abilities of William E. Jones declined significantly after the death of his beloved wife, Delores Jones, on June 10, 2009. On June 25, 2009, William E. Jones was admitted to the Carlisle Regional Medical Center and discharged to the Claremont Nursing and Rehabilitation facility. B. At the time William E. Jones signed his will, there was no pressure from the church members or officers to sign the will. On the contrary, the will was the result of long discussions between Delores Jones and William Jones concerning the disposition of the assets in the event that either of them died. The church was one of many beneficiaries named by William E. Jones in his last will dated May 5, 2009. The church exerted no influence over Reverend William E. Jones. Its members were primarily occupied with the care of Reverend Jones whose wife was dying of cancer. 3 9. The averments of fact contained in paragraph nine (9) of the Petition are specifically denied. On the contrary, they are secure in an estate escrow account at M&T Bank, in annuities with Met Life and real estate located on Spring Road in North Middleton Township. 10. The averments of fact contained in paragraph ten (10) of the Petition are specifically denied. On the contrary, there are ongoing expenses for the real estate which should be paid in order to protect the asset. WHEREFORE, the Petition of Gwendolyn Mosley should be dismissed and the Estate of William E. Jones be permitted to proceed. NEW MATTER AND NOW, comes the Respondent, Barbara Spraglin, Executrix of the Estate of William E. Jones, by her attorneys, Irwin & McKnight, P.C., and makes the following New Matter to the Petition of Gwendolyn Mosley: 11. The averments of fact contained in the Answers to the Petition of Gwendolyn Mosley are hereby incorporated by reference and are made a part of this New Matter. 12. The Petitioner, Gwendolyn Mosley, has no standing to bring the Petition which appeals the Probate of the will or seek injunctive relief. She states that she is a second cousin of the deceased but has no standing since she is not an heir at law of William E. Jones. There are more than one first cousin who are the heirs at law of the will of William E. Jones who died leaving no parents, spouse, or children as his heirs at law. 4 13. The Petition does not expressly state how Gwendolyn Mosley is representing any interest of Christine Young. 14. Christine Young does not have "clean hands" since she mishandled the assets of William E. Jones while serving as his Power of Attorney. She is subject to surcharge by the Estate of William E. Jones for funds spent on her behalf or on behalf of her family. She does not have clean hands in challenging the validity of the will of William E. Jones. 15. Christine Young attempted to cash annuities with MetLife which would not have benefited William E. Jones. It nearly cost William E. Jones a loss of Fifty Thousand and no/100 ($50,000.00) Dollars in income taxes. 16. At the time William E. Jones signed his will on May 5, 2009, he possessed the necessary testamentary interest capacity to sign his will which was the product of considerable planning and thought by William E. Jones and his wife, Delores Jones. 17. The health of William E. Jones sustained a serious decline after the death of Delores Jones on June 10, 2009. He was hospitalized on June 25, 2009, and placed in the Claremont Nursing and Rehabilitation facility in Cumberland County. His health continued to decline and when a hearing was held before Judge Ebert on November 12, 2009, he was hospitalized when under the care of Christine Young in the Pinnacle Health System of Harrisburg. He died on December 3, 2009, having never recovered his health. At no time after the death of Delores 5 Jones on June 10, 2009, did William E. Jones possess the necessary testamentary interest to formulate and knowingly sign another will or understand the actions of those who had taken custody of him. 18. At the time William E. Jones executed the will dated May 5, 2009, William E. Jones had no contact from the Petitioner or from Christine Young who is motivated by greed and seeks only to defeat the plans and hopes of both Delores Jones who gave her assets to care for William E. Jones, and William E. Jones who sought to benefit lifelong friends and projects he had supported during his life. WHEREFORE, the appeal and the Petition of Gwendolyn Mosley, should be dismissed with costs to the Respondent. Respectfully submitted, IRWIN &,~GIcKNIGy~'IT, P.C. sy: Mar s A. Mc i t, III, Esquire 60 est Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 25, 2010 6 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. A BARBARA SPRAGLIN Date: January 25, 2010 IN RE: : IN THE COURT OF COMMON PLEAS OF WILLIAM E. JONES :CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT -LAW N0.21- 2009 - 01132 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: L. Rex Bickley, Esq. 114 South Street Harrisburg, PA 17101 IRWIN & McKNIGHT, P.C. ~1~1 // By: 60 West Pomfret reet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 25, 2010 7