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Home My WebLink About08-31-10Neil W. Yahn, Esquire Attorney X.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 (717)533-3280 Attorneys for Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF WILMA J. SCHEER, Deceased JAN ANDREW OSTERLUND GARY CASSELL OSTERLUND No. 21-09-1202 LOYAL FREDERIC OSTERLUND Petitioners EUGENE B. SCHEER Respondent NOTICE TO PLEAD To: Jan Andrew Osterlund, Gary Cassell Osterlund, and Loyal Frederic Osterlund c/o Peter M. Good, Esquire, Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 Attorney for Petitioners YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Petition to Obtain Statement of Claimants within twenty (20) days from service hereof. Respectfully submitted, Dated: 'g ~ t t ~ ~° JAMES SMITH DI]~,TTERICK & CONNELLY LLP By: W. Y nev I.D. No. 82278 Neil W. Yahn, Esquire Attorney LD. No. 82278 James Smith Dietterick & Connelly, LLP n C Q " P.O. Box 650 ' c, Hershey, PA 17033 ~ i+ c t ~ a ~~ " (717) 533-3280 ~~~ e- c -~ ~' ~ ~ <: > ._~ Attorneys for Respondent ~ ~7 r C/ "r W °-; r -;r r _ : -~ fi . . ~ `~f7 .... . ; : t ..,.. ~:~7 IN THE COURT OF COMMON PLEAS ~ d ~ C~ C `D 3C `-~ ' ' ; CUMBERLAND COUNTY, PENNSYLVANIA ~' ' -~ ~`µ' ORPHANS' COURT DIVISION ~` ..... ~ -, ~~ c, .~; IN RE: ESTATE OF WILMA J. SCHEER, Deceased JAN ANDREW OSTERLUND . GARY CASSELL OSTERLUND No. 21-09-1202 LOYAL FREDERIC OSTERLUND Petitioners . EUGENE B. SCHEER . Respondent PETITION TO OBTAIN STATEMENT OF CLAIMANTS AND NOW comes, the Respondent, EUGENE B. SCHEER (herein "Respondent'), as Co-Executor of the Estate of Wilma J. Scheer, by and through his attorneys, JAM>~S SMITH DIETTERICK & CONNELLY, LLP, and hereby respectfully sets for the following Petition to Obtain Statement of Claimants against Petitioners, JAN ANDREW OSTERLUND, GARY CASSELL OSTERLUND, and LOYAL FREDERIC OSTERLUND (herein "Pe~itianers" collectively or individually by first name) as follows: 1. The Decedent, Wilma J. Scheer (herein the "Decedent'), died on November 22, 2009, a resident of Cumberland County, Pennsylvania leaving a Will dated April 11, 2006 and a Codicil dated November 21, 2006 (herein the "Will" collectively), which was admitted to probate (a true and correct copy of the Will is attached hereto and marked as Exhibit'"A"). 2. Decedent is survived by her spouse, your Respondent herewith, and her five (5) adult children from a previous marriage, namely Linda Jane Malinak (herein "Linda"), Gail Victoria McMillen (herein "GaiP'), and your Petitioners herewith. 3. Pursuant to Item Four (4) of the Will, Letters Testamentary were granted to Respondent, Linda, and Gail by the Register of Wills of Cumberland County, Pennsylvania on December 29, 2009 to administer Decedent's estate (herein the "Estate"). 4. Pursuant to Item Three (3) of the Will, Respondent is a Thirty Five Percent (35%) beneficiary of the Estate and the remaining Sixty Five Percent (65%) is to be split amongst Linda, Gail, and the Petitioners, namely Thirteen Percent (13%) for each child. 5. Among the assets within the Estate is Decedent's collection of approximately One Hundred Seventy Nine (179) Maple Leaf Gold Coins (herein the "Coins") valued at approximately One Thousand Dollars ($1,000.00) a piece. 6. On or about November 30, 2009, Petitioners, Linda, and Gail went to Respondent's residence to distribute the Coins allegedly under the terms of the Wih (only 8 days after the Decedent's death). 7. As such, Thirty Five Percent (35%) of the Coins, namely Sixty Two (62), were distributed to Respondent and Sixty Five Percent (65%), namely One Hundred Seventeen (117) Coins, were distributed to Linda, Gail, and Petitioners. 8. Respondent previously owned Sixty Seven (67) Maple Leaf Gold Coins (aside and separate from the above Coins accrued by Decedent), thereby bringing his own personal collection to a total of One Hundred Twenty Nine (129) following his receipt of the Sixty Two (62) Coins from the Estate. 9. Following the above distribution of the Coins, Petitioners alleged that "some of the Coins", approximately Thirty Five (35), were not intended to be distributed to Respondent and suggested ownership has passed to them in some form of a gift. 10. Petitioners have essentially,brought aclaim against the Estate to return approximately Thirty Five Thousand Dollars ($35,000.00) worth of assets without any evidence. 11. Pursuant to which, on or about August 12, 2010, Petitioners filed a Petition to Place Assets in Escrow seeking an Order form this Honorable Court requiring Respondent to place all of his Coins (129 in sum) in escrow, pending adjudication of the claim presented by Petitioners. 12. Petitioners are incompetent witnesses under Pennsylvania Dead Man's Mule, 42 Pa. C.S.A. § 5930. 13. Decedent had an actual right or interest in the matter at issue which passed to Respondent who, as a Co-Executor of the Estate, represents Decedent's interest and is a party of record to the present litigation. 14. Petitioners' interests are adverse to those of Decedent's interests and now to that of the Estate as they are inconsistent with the terms and desires expressed by Decedent in the Will. 15. Petitioners' attorney is required to file a written statement of all material facts relied upon for the claim and serve copies upon opposing counsel. 16. Respondent suggests that Petitioners have no other evidence beyond their own, self-interested, incompetent testimony (as barred by the Dead Man's Statute) to support their claim. 17. Respondent therefore respectfully requests this Honorable Court order Petitioners to file a written statement of their claim now, to determine whether Petitioners even have a good faith factual basis to proceed with this claim. WHEREFORE, Respondent respectfully requests that this Honorable Court enter an Order declaring that Petitioners, Jan Andrew Osterlund, Gary Cassell Osterlund, and Loyal Frederic Osterlund, are incompetent witnesses under Pennsylvania Dead Man's Rule, 42 Pa. C.S.A. § 5930, and ordering Petitioners to file a written statement of their claim. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONI~TELLY, LLP Date: g ~ a ~ j ~e ei1W.Y No. 82278 34 Sipe enue own, PA 17036 (717) 533-3280 Attorney for Respondent -- _ _ _ -~ - VERIFICATION I,, EUGENE B. SCHEER, verify that the statements made in the foregoing. Petition are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: . ~~/ .~~ ' 241 D GENE B. SCH ER `\ EXHIBIT A WILL OF WILMA JANE SCI-DER I, Wilma Jane Scheer aka Wilma C. Scheer aka Wilma J. Cassell-Scheer, of Camp Hill, Cumberland County, Pennsylvania declare this to be my last Will and hereby revoke atl prior Wills and Codicils. 1. I direct that all my just debts, funeral expenses, grave marker and administc'~tive expenses shall be paid from my residuary estate as soon a practicable after my death. 2. I direct that all inheritance, estate, transfer, succession and death taxes of any kind whatsoever which my 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 leave a life estate in my property of 1525 State Hill Road, Camp Hill, Cumberland County, Pennsylvania, to my husband Eugene B. Scheerr, with the right to live in/on and receive income, including rents, from real property until his death as he maintains. the property, pays all taxes; and insurance as they may come due and he does not engage in any meretricious relationships at this house. If he, at his sole discretion, opts to move, the property is to be sold and the funds shall be divided as fallows: 35% to my husband, with the remaining 65% divided equally among my five children, Linda Jane Malinak, Loyal Frederic Osterlund, Gary Cassell Osterlund, Jan Andrew Osterlund, and Gail Victoria McMillen. Should any of my children or my husband predecease me, their share shall lapse. B. I leave the remainder of my estate to be divided as follows: 35% to my husband, referenced in 3A above, with the remaining 65% divided equally among my five children, referenced in 3A above. Should my husband ar any of my children predecease me, their share shall lapse. 4. I appoint Eugene B. Scheer and Linda J. Malinak, jointly, as Executors of this my WiII. If for any reason either of the Executor(s) named is unable to serve the other - representative shall have sole authority to administer the provision of this Will. The Executor(s) of my will shall have full authority to administer my estate under The taws of the Commonwealth of Pennsylvania relating to the powers of Fiduciaries. 5. The Executor,(s) of this Wiil shall have the power to distribute my estate in kind or in cash, or partly of either. ~~~ ,~ 6. 1 direct that no Executor acting under this Will shall be required to enter bond in any jurisdiction. 7. !direct that no newspaper article concerning my death is to be written or published. 8. I direct that no interest of any beneficiary of my estate be pledged in any rrianner in anticipation of interest or principle. 9. I direct that any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this Will including any Codicils thereto the right of that person or entity to tale any interest in my estate shall cease and that person or entity shall be deemed to have predeceased me. 10. Should any of the provisions of my WiII be, for any reason, declared invalid such invalidity shall not affect any of the other provisions of this will, and all invalid provisions shall be wholly disregarded in interpreting this Will. 11. This. Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. lt~ '~~~ l~l"1~1=~4 'FIT=RET;~F, I la~+ti~~ h,crea~,n~a ~ my b.~ttd tlhiR ---~--'-----~'~ cat ~~~' ~~ ~`~l~.ht,. _ ~ , ,~ ,, r i Wilma Sane Schees~ '_.___~._ _ f; The foregoing Will was, on this day and year written above, published and declared by Wilma Jane Scheer aka Wilma C. Scheer aka. Wilma J. Cassell-Scheer in our presence to be her Will. We, in her presence, and in the presence of each other, have attested the same and have signed our names as attesting witnesses. We declare that at the time of our attestation of this Will, Wilma Jane Scheer aka Wilma C. Scheer aka Wilma Cassell-Scheer was, according to our best knowledge and belief, of souAd mind and memory and under no undue duress or constraint. ~'- __ ~, w 5 ~~_ ~ ~ i~ ~ ~` ~~ ~ ft ~5 1. [.~! ~ ~ f 3 ~ ~f ~.i H ~-- - -- ~.~~ 1~_ _~_L' Address 1J ~ y r ,~,~ ~ ~' , . =,. ''~ ft~ ~ n ri Address // Commonwealth of Pennsylvania County of Cumberland ss I, WILMA JANE SCHEER aka WILMA C. SCHEER aka WILMA CASSELL- SCHEER, the 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 1 signed it willingly and as my free aiid voluntary Qct for the purposes therein expressed. -fir _ ~ ., ...:.~ Jf',.~::;:r~es AFFIDAVIT - .~ ~ .~ Sworn to or affirmed and a~cn .wledged before me by Wilma Jane Scheer aka Wilma Sane Scheer aka Wilma CaScheer, the testatrix, this day of ~~~ 2006. ~ ~~ _~_ . w -~ ,, A~ ~~ ~ ~ ~rf _~_- .. _;, - ,~ Commonwealth of Pennsylvania ~s County of Cumb ferland - We, ~21~~'rh ~~~n~ and (~.-~,s Y'• Il ~ h~• the witnesses whose names are signed to the attached or foregoing ins e~g duly qualified according to law, do depose and say that we were present and saw the. testatrix sign and execute the instrument as her last Will; that the testatrix signed willingly aind executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the Will as a witness; and that to the best of our knowledge the testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue intlgettcq: _ ~'''~` Swom to or affirmed and subscribed to before me by witnesses, this__1~___day of r, j ,2006. _ ; FIRST CODICIL TO THE WILL t~l WILMA JANE SCHEER 1, WILMA JANE SCHEER aka Wilma C. Scheer aka Wilma J. Cassell-Scheer of Camp Hill, Cumberland County, Pennsylvania, declare this to be a first codicil to my will dated April 1 I, 2006. FIRST: I revoke Article 4 of my will and substitute therefore the following new Article 4: 4. I appoint Eugene B. Scheer, Linda J. Malinak and Gail V. McMillen, as executors of this my Will. If for any reason either of the Executor(s) named is unable to serve the other representative(s) shall have sole authority to administer the provisions of this Will. The Executor(s) of my will shall have full authority to administer my estate under the Laws of the Commonwealth of Pennsylvania relating to the powers of Fiduciaries. SECOND: In all other respects, I confirm and republish my will dated April 11, 200b. I signed this first codicil to will on /~l~i.+~bsi2.,, 2006. r_ ~ , ;~ t ~ ~~ i ~ ~ r ~ k ~~v;. ~ , J d On the date last above written, we saw Wilma Jane Scheer aka Wilma C. Scheer aka Wilma J. Cassell-Scheer in our presence, sign the foregoing instrument at its end. She then declared it to be a First Codicil to her will and requested us to act as witnesses to it. We then, in her presence and in the presence of each other, signed our names as attesting witnesses, believing her at all times herein mentioned to be of sound mind and memory and not. acting under constraint of any kind. r ~-: f e ding at: ~~a ~ ~~~r~~ ~ MCCti,~.~GS9URL:. F'A i705b Residing at: 1~t {F~ yil~ '~:i r ?. Mi v.. t~ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND} We, ~ tif~,li./ ~~ <SfO.y~,e and ~L~- ~ ~i'1~'~PfSC~ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law do depose and say that we were present and saw the testator sign and execute the instrument as a codicil to her Last Will; that the testator signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the v~till as a witness; and that to the best of our knowledge the testator was at the dime eighteen or more years of age, of sound mind and under no constraint or undue influence. } ,, ~ ~._ ~ ~ 4 t J Witness Witness I, Wilma Sane Scheer aka Wilma C. Scheer aka Wilma J. Cassell-Scheer, testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to Iaw, do hereby acknowledge that I signed and executed the instrument as a codicil to my Lash Will; that I signed it willingly, and that l signed it as my free and oluntary act for the purposes ere' expres d. ~j"e~ia~,or.: Sworn or affirmed and subscribed to before me and by witnesses, this ~/s-f~ day of /(/ovN~,6~~ , 2006 ~"t ., F'~ i ~_ ~ __ -._..-..:-.~:.,r.. ate, ~ ties Notary Public ~ COMMOMIy~gLTHOFPENNSYLVAWA Noiarial Seal fury Bao. CouMy~ , '.~' Rhn~7Sw#r~i7~ ps7 ~{#ntD911 Neil W. Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 (717)533-3280 Attorneys for Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF WILMA J. SCHEER, Deceased JAN ANDREW OSTERLUND GARY CASSELL OSTERLUND LOYAL FREDERIC OSTERLUND Petitioners EUGENE B. SCHEER . Respondent No. 21-09-1202 CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing, Petition to Obtain Statement of Claimants, upon the following below-named in4lirvidual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 3l day of August, 2010. Steven C. Wilds, Esquire Stephen J. Dzuranin-, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Counsel for the Estate Peter M. Good, Esquire Smigel, Anderson & Sa~c)rs, LLP 4431 North Front Street Harrisburg, PA 17110 Counsel for Petitioners Warn Yahn, Esquire mev I . No. 82278