HomeMy WebLinkAbout12-20-10F~.11_~IOC~:,E;t',Ie1;:;lWebb.~Zaymond -answer t~~ rule to show cause.~~~pd
T~A~%Il~ I-I. STONE;, ESQL~'IRI?
~~~"TC:~IINF.~~ II? NC3. 3978=
41.4 I3IZII~U1=_: S'TREE'T
Nf,W LUM1=3F.RL.:~'~iD.; TEA 17070
71~-774-~743~
Furl-'Tt~RNY'S FOR L~FCEDF,NT
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.. Of ~F.~1'~S C(~~1RT
IN '~.i~,; 'L;state of Raymond L,. Webb, Deceased : IN TIIE. COUK"I' OF COMMON I'I.F~AS
Off' CtT1~~JRERLt~ND COLiNTY
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ANS`'VER '~'O RILE 'I~O S~i(~VV C'.AIiSE
:AND ;~i~)~' comes the I~.espoildent, David I=[. Sttsne, who answers the Rule to Show Cause wh`~ the
Register sho:.~ld issue IJetters Testamentary as follows:
1. l.he Respondent is an adult individual and is a principal c:-f the law firrr1 ~~f' Stone, 1_,aFaver
anal Shekletski with a principal place of hiisiness at 41413ridge Street, ~?~`cw C~smbe~l~and., PA
~ .r7~'~r
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2. "1^he Respondent has represented the Deceder-it, Raymond f.. ~~'ebb, since first meeting him
on or about ai~ly 2,, 2003.
~. On October 25, 2004., shortly after the death of Raymond Webb's wife, Shirley ~~'ebb, three
vvet'1ts earlier, the Respondent, David I-{. ,'tone, met with Raymond. V~'ebb and. his guardian,
Susan C;. Pearlman. The file notes of i~avid I-I. Stone indicate that the guardianship bias
discussed at that time. The notes further indicate that Raymc,nd Webb had been through a
cliff cuEt ti ine wit'r, regard to his ill wife, but that the guardianship was no longer needed. The
Respondent, l-)avid I-I. Stone, was riot asked to do anytriirig with regard to cis~vi>~i=.~~, the
guardianship. See the attached ~~.ffida~.rit of Susan G. Pearlman attached hereto as Exhibit
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4. Sind October 26, 21104, thti F~esponden, Da~~id FI. Stone, met with Rav~rrond L. Webb
se~rei•al times to make re~risioris to his estate plan. These includes i~ieetings in. June of 2(106,
June of 20C~? and Jane of 2010. !1t eacF~i of these me tiilgs h was evident that Ravmc-nd L.
Vd'ebb was corraretent and. lead. testanieritai•y capacity. ~~Ie undelStt~Ud whC- his relations were,
•what property he ownetJ, ar~~l hoed- he v~anted to dispose of his propertw at 1'~ys d~;ath
evidencirwg his testamentary capacity, Olshefski's Fatate, :~37 Pa. 42.0 (140).
~-a~~ri~:I ~ .Stone continued to meet v~~ith R;~ymorid L. ~,~ebb after .Tune of 2010 appro:~im.ately
monthly until his .death.
h~. ~x he V~'ill executed by Raymond L. Vv'ebb on June 1.~, 2010, wl~iich has been offered for
pro~'~ate was witnessed by the undersigned, .avid ~J. Stone, ~~s ~-e11 as by belly 1~.. Birdsall,
~# secretary of Stone, I_,al`~'aver ~ Sl~iekletsl~i. This Will was executed at the home of Raymond
L.: V~-ebb. Prior to the will bung signed, David t-I. Storye clu~:stiontd N1r: Webb and discussed
the v~"ill and its contents with him. 1V][r. v~ebb knew verho his relations s~%er~ and knew ~,~h.o
the natur_ al bounty of his affection. should be. tie knew that his only son had predec;eased hi~n
so he provided for his daughter in la~v, Tammy Webb, and his two living grandchildren,
Elizabeth and Samuel Webb. ile also remembered and provided small specific bequests for
three persons(Leila, ~'vonne and ?Matthew Webb! whom, alth~,ugh referred to as
grandchildren, had been adopte~a away ~%ears before. Ilayrr~ond Webb also knew what he
possessed. I'Ie knew and shared with ~~ayid 1I. Stone the tact of his ownership of his house
and his banking account information. l~ inaliy, Raymond Webb knew and understood how
he wanted to dispose of his property as is evidence by hi:~ division of property between his
heirs. the testimony cif the testator's attoy-ney may be ~~ised to determine testamentar,~~
capacity to uphold the ~,~:-?1;~~it~ of a uTill. SP€; «' rJn Cha~rnier ~'i1.1, 1 ~ Fiduc. Rep. 2d 253 (O.C.
Phila. 1993 j and Krauser avill, 16 l~'id. ;yep. 2d 324 (C~,~'. 1^-uzerne 199F) ~1ae :~~.:~fi~.~avit of
k:elly A. Birdsall is attached hereto as I-;xhibit 2 further supporting the testamentary capacity
of Raymond I,. Webb.
'?. During the last months of the life of Raymond L. Webb, IMr. Webb was attended to by the
E'ower of Attorney, ~or~-sa I~. K.oth. who visited iVlr. ~'~'ebb oi~ numerous occasions. TJonna
I~. Roth vN~as also present at the time of the execution of the Will of June 15, 2i)lfi A
supporti~~; affidavit is attached. hereto as Exhibit 3.
~. "1~'he facts as set forth rebut. the presurr~ption t.h~t the I~ecede:nt, Rayt-nonc 1_~. ~,~'ebb lac:k~d the
testamentary- capacity ti} create and exec ute the proffered T:ast Will and x estarneYtt
WHE:R.F~;F+~RF., Respondent, laav~d I-I. Stone :espec;tfully reQuests ti~lat Eett~rs 'Testar~ri~ntaiy be
issL~ed to David I-1. Stone.
Respectfully submit~:ed,
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~.~,~,~ ~
I~~;id E~. Ston.~;`r, uir.~
;~ j'(~~T~.. LAFAy'E1~:.,.& S1~E,KT,F,.TSTKi
4 ~! ~ Bl~ldge Street
:New Cumberland, i'A 17C~?~
(~' 1 ~ } 7'14.-713:5
<<'~~'T~)R_NI-.Y 1, (~1~_ I~F'~L;E~T.I~?,Y`
'VEI~IF'~~'.A~~'ION
DA`JIT~ l-I. STONE states that he is the Respondent named in the f~:~regoing instrument and that he
is acquainted with -the facts set forth. in the foregoing ins~trur~:ient; that the same are true anal correct to the
best of his knov~~ledge,~information a~~d belief; and tha~ this statement is made subject to the penalties of 18
Pa. C.S,!~, §49U4 relating tc~ unsworn falsification to authorities.
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~Ati'IT) N. STONE
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F~''~)UCS\Est`,;v115\~'~-ebb Raymond -af~ticavit of Susan i'eanna.7.w~d
AFFIDAVIT
I, SL SAN ~. PEAR_LMAN, hereby swear to the following:
FXI~IIBIT a.
l am an adult individual who resides at 19 l 2 Carlisle Road, (~-arn:p ~-Ii~l, PA ~ ~O a 1.
'~ . 7n or about January I7, 2U0 ~;1 was appointed the p~enar ~~ guardian for Raymond ~..
Webb by ~:~rder cf Court c?f Kevin :~. l-less. ~'he circ;~~~n~stances Gaut of which I was
appointed guardian vti-d.s as foilows::~l~irl~ ~- Webb, the wife of Raymond L. Webb,
was sick and in the hospital at the tirr~e anal was su~~ering dementia. Raymuxa.d L.
~~~'ebb was hatiTir~g son~o ~:lifficult.ies wi~:h his 4~Iife's ~lln: ss and ~~-col,, Spirit f-i~~spital
thought it host that a ~.~rdian be app~~:nt~:d for R~~~-rnor?c~ L. `~~ebh. 1 ne~~oa a~:~st::
understood u~hy I was appointed `uardian and nr_~t sjmpl~T appointed rower of
Attorney. _~f nor the appointrriexit of t.lit ~~,~ardi~n, I nevf~r signed an,~ papers ot~ behalf`
of l~fr. Webb, sigrged any c-Desks, transacr.ed any bL1s111~sS, nor acted on it in ar3.y way.
1 simply forgot about. it. 1 contir~lre to masntain a frien~.~1y r~~,lationsh~p u~i*h Mr°. Webb
who ~~ernained my neighbor until his recent death.. f havr~ r~o reason to helieve that
he did not rerna.in col~lpeterit during the last ~-cars of l-~is life, nor do I gave any roason
t~~ believe he was not competent anal hay: 1estarnenta~- capacity in June of~ 20 f t.?.
y~r~
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S~TSAI`v C. rIEA.R~.~~A~i, stat .~ that she is the tzndersignec'~ mired in tho :~ore~;oirag
instrument and that she i~ aceJuainted urith the facts set forth in ih~ foregoi~~g instrument; -that the
Sarno are true and c~~Arect to thy: host c~f~her kncywledge, info oration aid beli'ed`: ~~rxd that tlii_s staternen`t
is rrrade subject io the pen>.tlties pit l ~ p'a. C.S.A. ~ 4~i)~ relating to ~,~r~swi:rn f:alsifzcatio~s. to atathori~-
t~os,
SubscriGacd and s~Tarn to t;y
bofc-ro me this ~~`~_,day of
.-~"~~otar4~ rublio
1.i ll t :~ ~YI V ~k ~aiE E._: ~ ~. l ~ o FF f' ~ 1 `1 ~ ~1 ~ 1 ~. ~'~.~ I'd i .~
i1'f~T~R!AL S~t~L ~~_._...~
~~ ~~~~ar~i~~~~ ~ ~,~~~~~~.~, ~1~3t~~y ~~~r~r~r ~
Newer C~rr~~~ri~n~ ~3nro. Cumt~e~i~n~~ w.~
Ply ~o~-nrni~ait~ir~ Expires ~,1i~1y 7, ~(>1~~
it ~h~J!'S\Fst,M151W~;bh R.a~~morid -af~'i~?~wit of K:aly Birds2?Lw~q - F~H~~I~
AFFIDAVI'~[~
h_FLLY ~. ~IRL~SALL, hereby swear to the following:
1. lam an adult individual employed as a legal secretary to the Law Finn of Stone
LaFaver & Shel<aets~ki.
~' • C)n June 15, 20 i 0, I accompanied Davicl tI. Stone to the hos~~° of IZay~nond L. Webb
at 19X1 Carlisle Load, ~;arnp I-Ii11, Pennsylvania.
:~. 1 was present during she c.~;n~~ersa.t?ons :hit IJut~i~x I-1. hone ha4:- vdi~h Rai-rncond. L:.
~iebb in the living room ~~f F~aymand .,. Webb.
~. eased o:~ the conversatic~r;s ~~nd responses of Rayniori~.i L~. ~Jt%ebb, :i i~e?iev~w ~,:~~;~~a~~:ndx
l~. ;ebb ~.~nderstood and appreciatew~ w'no his relations were, what pr~~pert~v ~.~
p~~sses~~cl andhad an intelligent unders~a~~ding ~.~~ how he waj~ted to dispose ~~f his
property at his death. I believe hz ?gad ~;he ttistar~~entary Gapa~ity to sign his Last Will
and. "I'estarnent.
~. i witnessed the signing c~I'l~is ~,vill as is evidenced by myignatL~re as a witness c?~n his
bast dill and Testaanent dated 31in~ 1 ~, ?_(? 1 ~),
_ c1 _ '~Gl.o~2_--------
K~t~,l `a. stt~ns~t,t
1~ELI_,~' f~.. FIRI)S.~LL, states thai she is the undersigned Warned zn the foregoing instrument
and. that she is acquainted with. the facts set forth in the #-oregoing instr;~mcrt; that the same are true
and co~rr~ea to the best ~of het, knowled~e,~ i~t~forn~ati~~n ~.nd "relief: and that this statement is made
subject to tl~e pen,~:ities of 1. ~ Pa. C.S.:~~a...~ a~~~~4 r°~~lat=r.~~ ~;~~ ~~lislnic)rz- ~alsificr~ti~~ t~~ a~.~t~.vrir.i~;s.
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a 5u r~sc,ribed a swc~: n to by
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be#~~~re _e tiriis~ ; ~` day of
.~ ~~ ~.._, 201(J.
~~3ot,~rFy Public:
OMMONWEALTH_ O~NN--S-~ANIA
0 NOTARIAL SF~•
TRO~,'EL.L., Notary Public
o.
CAROB. I-•
New Cumberland,Boro~ pece27n2013
emission Exp: .... -~
F ,,is;~~~`.Fst~~NJ»`Web~.ica-vmcnc', -arfida~~it of Donna Roth.wpd
AFFII)~-'f ~ LT
~, ~C)NNA L~. RUTH, hereby swear to the following:
EXHIBIT 3
l . 1 am an adult individual who resides at 6G Foxcroft DrvE, Camp ~~i ll, PA 1 ?U 1 l'. .
?. C)n or about duly i~~, ~UU7, Raymond I_:, ujeF~b exec-~:~.ed a. Pc-wer of Attorney
appointing me agent, although 1 did. not begin to handJ.e his financial affairs until.
Septem?~e: of~U? U.
~~u~ing ?U:i t} l visited ~.a~~ms~~rzd 1,. ~~~'ebb at his ho~r~e on a Y•egular basis
apprc~.~imately th~•ee car f~;ur tirx~es per yv~;ek to hel~p ~~~ixs.~e no~:zse ~:ieanin~; anal grocer`;,
shopping. wring this time tie r;rnl:ir~uecl to ha.7idle 1'y.~:s financial af~xirs can his own.
'~. Ern J~,;ne ; ~., 2U 10, I v~,-as prf~~~erat `~~hen Rs~~Ant~rid L. 'V~'e~rl^~ {~%as visited. byT ~)a+~id .
Stone and belly A. 13i.rdsall.
~, 1 wa:5 r~z~esent when IVIr. ~~Jebh was speakir:~, v~ith i~aviu i-l. Stone r~~gardil~g tb.e Fill.
t~. 1.3ased r~r~ tl~e con ~ ersati.ons and responses of i~aymond. L _ «'ebb, I belie y~e Ray~nor.~d.
a~. ~~~ehb u~lderstood and appreciateda~ w'~o his relations w.re, ~~~hat property he
posse~se~.l a7id had an inte?liger~t unidersta.n~ing of hGw- he ~~~anted to dispose «f•llis
~;roperty a~r his death.
It: is r~~ty opi.nio_n that i~/1r. Webb had testa~rentary cap~~~cAty anal- understc~~;d what lie
,.~~as signing on June 1.5, ~U 1 U,
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~~C)?~itiA l~. R~~"~'1-i, stags that si~~ is the 7_indersi.~7n~:d n.an~ed ire tif~; fi.~~~~~g;~ing ir~;~trtam~nt anal
that s1.~e xs ac:gt:ai~t~Yd with the fa~;ts set f~artn ira tl~e, faregoir~g instrurrre~~~; that tl~e sane are true and
corre~:t td~ the best Ufher knowledge, i*~fiyr~~~ation acid beiief~ and that this statement is rx~ade su'~je~;~.
to the penalties o:~ 1 ~ Pa. C'.S.A. ~ 4:04 relating to ux~sz~~or3~ falsitiQ~atiti~n to authorities.
Sut~sGril+~d and sworn tc-: bye
ref{~r~: pne this ~~~~ day of COMMONWEALTH OF PENNSYLVANIA
~.~
_ ~~ "~~ `~- ~__.- ?U 1 U• ~ NOTARIAL SEAL
~~°~~,.,~ ~ CAROL L. TROXELL, Notary Public
New Cumberland Boro. Cumberland Co.
..-~„~.., ~~..-__~~ ~ My Commission Expires Dec. 27, 2013
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Nt~tar`~ Uu!~lic
DAVID I-I~ STONE. ES(~
ATTORNEY ID NO. 39785
414 I3RIDt~E STREET
NEW CUMBEIZLAI~'D PA 1707
(717) 774-743 5
A'I~"I'ORNEY' S FOR DECEDENT
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,CLERK ~~
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IN RE: Estate of Raymond L. Webb, Deceased IN THE COURT OF COMMON PLEAS
Plaintiff : OF ~~'UMBERLAND COUNTY
i~1o. ~'' -? 0-1143
CERTIFICATE OF SERVICE
I, David H. Stone, Esquire, attorney for Raymond L. Webb, Dece~ ed, in the above--styled matter,
certify that I this day served a copy of the foregoing Answer to Rule to Show Cause upon the person(s)
indicated below by first Class U.S. Mail, to the addressed as follov~~s:
Susan G. Pearlman
1912 Carlisle Road
Camp I-[ill, PA 17011
F,li~abeth A. Webb
1172 West 103x`' Avenue
Northglenn, CO 80260
Samuel N, Webb
1172 West 103rd Avenue
Northglenn, CO 80260
Tammy Annie Webb
1172 West 1.03ra Avenue
Northglenn, (~O 80260
The legal names and whereabouts of Leila Webb, Y"yonne Webb and IVlatthew Webb are unknown
to the undersigned.
Sr['ONr: LaFAVER ~ SI- +,KI_ETSKI
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.DAVID tI. STON ~ES(~!~F~m`
Supreme Court I.D. #;59785
41.4 Bridge Street, P.O. Box E
.~`vTew C~.~mberland, PA 17070
Telephone: (717) 7 74-7435
Dated: ~ ,~ ~- ~ ~ ~ ~ ~ Attorney's for De;;edent
STONE LAFAVEI~ & SHEKLETSKI
ATTORNEYS AT LAW
414 BRIDGE STREET
DAVID H. STONE POST OFFICE BOX E OF COUNSEL
GERALD J. SHEKLETSKI NEW CUMBERLAND. PA 17070 CHARLES H. STONE
www.stonelaw.net JON F. LAFAVER
TELEPHONE ('717) 774-7435
FACSIMILE (717) 774-3869
December 17, 2010
Register of V~'ills of Cumberland County
1 Courthouse Square
Carlisle, I'A 17013 ~ ~.
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Re: Estate of Ra mond L. Webb, Deceased
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No. 21-10-1143 ~~~ Q ~~
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Greetings: O
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Please find enclosed an on final and one ~ 1) copy of the following:
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Answer to Rule to Show Cause
Certificate of Service
After the above documents have been time stamped, please return the copies to our office in
the enclosed self-addressed, stamped envelope, which I have provided for your convenience.
Thank you for your attention and assistance in this matter. Please don't hesitate to contact
me should you have any questions regarding this matter.
Very truly yours,
STONE LaFAVER & S~ LETSKI
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'""..,~~~nnifer A. Mearkle, Assistant to
`~ David H. Stone
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Enclosures