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HomeMy WebLinkAbout04-29-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of Lewis A. Straw, Deceased ~ t-._a - ~ ~ n ~ c ~ No. 2010-456 ; -~ ~ ~ ' ~ ~~ ti ~__'~~ =~? PETITION FOR CITATION TO SHOW CAUSE WHY APPEAL `' ' ~ C~ - ` FROM PROBATE SHOULD NOT BE SUSTAINED _~~ -*, -, ' ~ ~ ___:, __ ~` ..~ --1 ~ ~~_ Tt To the Honorable the Orphans' Court Jud e of the said Court: .--, ~ L~ Q ~~ , . g , AND NOW COMES Donald & Ronald Straw, petitioners, and requests your Honorable Court to issue a citation in the above matter directed to the executor of the estate of Lewis Straw and the heirs of the estate of Lewis Straw to show cause why the decision of the Register of Wills admitting to probate a writing dated April 5, 2010, as the last will and testament of the above decedent should not be vacated and the appeal therefrom sustained, and says: 1. The above-named decedent, Lewis Straw, was a resident of Cumberland County at the time of his death on April 28, 2010 with a last principal address of 14 Drexel Hills Circle, New Cumberland, Pennsylvania 17070. 2. Your Honorable Court has jurisdiction over this matter under and pursuant to 20 Pa.C.S.A. § 711(1) and (18). 3. On Apri130, 2010, the Register of Wills admitted to probate as the last will and testament of the above-named decedent a writing dated April 5, 2010. Your petitioners feel the aforesaid last will and testament admitted to probate is not the last will and testament of the decedent and should not have been admitted to probate for the following reasons: a. The decedent lacked testamentary capacity to make the will at the time of its execution. b. Decedent executed the aforesaid last will and testament as the result of undue influence. 4. The personal representative of the estate, Bryan Shook, failed to serve Notice of Estate Administration upon petitioners, the biological children of the decedent, in clear violation of Pa.O.C. Rule 5.6(a)(2). 5. Your petitioners are the persons entitled to inherit under the intestate laws of the Commonwealth of Pennsylvania and will be the heirs of the decedent if the aforesaid last will and testament is not admitted to probate. Petitioners are the surviving biological children of the decedent. They are therefore entitled under the intestacy laws of this state to inherit shares of any part of the estate which is not inherited by the decedent's purported spouse, in the event that the marriage can be proved to be valid. In the event that the marriage cannot be proved to be valid, petitioners stand to inherit the bulk of the estate, sharing only with the children of their sister. 20 Pa.C.S. §2103(1). 6. The name and address of the executor of the last will and testament admitted to probate is as follows: Bryan Shook Dethlefs-Pykosh Law Group LLC2132 Market St Camp Hill, PA 17011 7. The names and addresses of all other parties in interest include beneficiaries named in the purported will and the children Linda Rothenberger (the late daughter of the decedent); Thomas Rothenberger Tammie Crea Lewis Dopp 1713 Laural Road 4700 Lancer Street 165 Kerrsville Rd. Harrisburg, PA 17112 Harrisburg, PA 17109 Carlisle, PA 17015 Robert Rothenberger Victoria Soule Savannah Dopp (minor) 402 N. Progress Ave. 18921 Rosings Way 165 Kerrsville Rd. Harrisburg, PA 17109 Triangle, VA 22172 Carlisle, PA 17015 A. Marion Straw 14 Drexel Hills Place New Cumberland, PA 17070 8. The proceedings before the Register of Wills have consisted of the admission to probate of a purported will of the decedent dated April 5, 2010 and the grant of letters testamentary thereon unto Bryan Shook. A copy of the Register's decree is attached hereto and marked Exhibit A. 9. On April 29, 2011, your petitioners filed an appeal from the Register's order admitting the will to probate, a copy of said Notice of Appeal having been served upon the Register of Willson Apri129, 2011. A true and correct copy of the Notice of Appeal is attached hereto and marked Exhibit B. 10. Your petitioners believe and therefore aver that the testator lacked testamentary capacity, and in support of said allegation allege as follows: a. Decedent was in declining health for some time before decedent's death. b. Decedent was increasingly confused and exhibited behavior towards his family and attending physicians showing that decedent was incapable of understanding his actions at the time of the execution of the purported will. 11. Your petitioners believe and therefore aver that the decedent executed the aforesaid last will and testament as the result of undue influence, and in support of said allegation allege as follows: a. Decedent lived without a will throughout his life. Testator only made a will a short time before his death, after a long illness. b. Decedent is purported to have disinherited his natural children, with whom he had a long and caring relationship. c. Decedent is purported to have left the bulk of his estate to his step-son, Lewis Dopp, with whom decedent did not share a strong relationship and never adopted d. Lewis Dopp only began taking part in the affairs of the decedent at the end of life of the decedent. e. Lewis Dopp arranged for the care of the decedent to be transferred from the decedent's long time and trusted physician just before the death of the decedent. f. A confidential relationship existed between Lewis Dopp and the decedent. Lewis Dopp arranged for the hospitalization of the decedent and made decisions for the decedent. Lewis Dopp is physically healthy and approximately 40 years old. The decedent was in poor health and suffered from mental infirmity at the time of the execution of the purported will. Lewis Dopp enjoyed the exercise of power of attorney over the affairs of the decedent's wife at the time of the execution of the purported will. WHEREFORE, petitioners request that your Honorable Court issue a citation upon the respondent to show cause why the appeal from the decree of the Register of Wills admitting to probate the writing dated April 5, 2010 should not be sustained, and that the decree of the Register of Wills be opened to permit the Register to receive and act upon a petition for letters of administration on the estate of the decedent. By: Eric David, Esq. Attorney to Petitioners Attorney ID #205748 Rominger & Associates 155 5. Hanover Street Carlisle, PA 17013 (717)241-6070 VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing Petition are true and correct. 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: ~ I ~ ~~ Donald Straw 1 /I~ '1 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ts:a:z e L"^~~ Alfred Straw aiso y. ~-- - Lewis A. Straw and Lewis Straw Bn-ar.... _:-_ok File Number •:>~ f - ~~.~ ` V 7 S(/% Deceased Social5zcuria tiumher IS7-07-9895 Pe;air..=- s - ufio is'arz 18 }•ears of age or older, apply(ies) for: (CO.tIFLETE :•t'or'B'BELOti:9 A. Probate aid Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor named in the Imo: ':.'=: - ,:: _.: ~ ece.-r.: '_ ~'_ -'-r :I ?, 20I0 and codicil(s) dated N/A ~ vare rerecant circumstances, a.g., remurciatioa, deatt ojeseeator, etc.J =xx~t s follows, Decedent did not mam•, was not divorced, and did not have a child bom or adopted after exzcu:ien o1:e :._ ~iTent(s) offered ~- probate, +vas not the victim of a killing and was never adjudicated an incapacitated person: B. Grant of Letters of administration (/joppllcablt, cruet. eta.; db.ncta.; peredener/ite; detente absenrra; dJ~ -~ s>.=-; -'' -`=:-r s =° _~ a ,:roer search has /have ascertained that Decedent left no Will and was survived by the follow.-g ;-=-se == -- -- - •,r ~,---- _- _ =.z.a. ordb.n.c.t.a., etuerdateojWi!linSectianAabot~ar~completelirtojheirs) ~ ~ -- - ~~ ~~,-'• r;, v Jexdent, then 92 years of age, ditd an Apri128, 2010 ~ Holy Spirit Hospital, Camp Hii. ~ -=e=.-_.: _ ; _- . ,-- Decedent at death owned property with estimated values as folbws: (If domiciled in PA) All persona! ro rty (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania P Pe Personal properly in Pennsylvania Personal property in County c -- -- -- S 5 5 _- -- z -___z~ _ :-:.,,,, _; ld Drcxel Hills Cc, New Cumberland, PA; 21 Balm 3t., HBG, PA, 617 Peffer St., HBG, PA, 121E &a:?~:::. - _" :3z--.`_.:_ -'e:` rr:l s1 respectfully request(s) the _ _ ~` _- ?--~+ prohate of the law Will amd Codicil(s) presented with this Petition and the gran: c: -= :~ - . a _- . - -- _ -. - - ~~~_ I Bryan W. Shook -643 Brisbain Lane, Enola, Cumberlas: C_.-:.?e-- `-: _- _ --- Form RW-01 rev. 10.13.06 _ - _=:EI.ti'.-1LLCASES:) ACarhaddlfiorta[slFe~ijaeceasary. -=- 3 _- _ :: _ _ e-: •.tas domiciled ffi death in Cutrtberland - = p:: - -~ , _ _ . -. ~- Courtty, Pennsylvan~ with his /her last principz .~ __-:_ -_~ ._ ; - - -::.~ Circle. New Cumberlatd. Pennsylvania 17070 R - , dress tmvn/cuy, towrnBnp, oortuy, staAe, ap code) Oath of Personal Representative COMMONWEALTH OF PE'\~SYLVAVI.4 COUNTY OF CUMBERLAND S5 The Petitioner(s) above-named swear(s) or affirms} that the statements in the foregoine Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate accordine to law. Swom to or affirmed and subscribed 1 :~r~ before me the ~j~_ day of or the Register Signature o rsona( Representatne tea .--. Signature ojPersara! Representative 7 0 _. T ~~ , P 1_ SignatureojPersonalRepresentarive =`_',= _.., CJ "''~ = N ~ O -- :. - _ :- - ~-- - ,_ -n - File Number. ~ ~ „_ ` " ` -~ Lrs Estate of Lewis Alfred Straw Deceased Social Security Numbett 187-07-6895 Date of Death:April Z8, 2010 AND NOW, . ~ ~ ~ in consideration of the foregoing Petition, satisfactory proof having been presented before m , rr IS DECREED that Letters Testamentary are hereby granted to Bryaa w. shtwk in the above estate and that the instrument(s) dated Apri15, 2010 described in the Petition be admitted to probate and filed of reco ~d as the last Wilt (and Codicil(s)) of Decede~ttt. FEES Letters ............... $ 660.00 Short Certifitxte(s) ........ $ ~•~ Renunciation(s) .......... $ 0.00 Will .. $ 15.00 JCP . • $ 23.50 Automatiwt Fee .. $ 5.00 •. $ .. S .. $ .. S .. $ .. $ TOTAL .............. $ 763.50 >t<g~ Attorney 5ignattue: Attonaey Name: Bryan w'• . Esquire Supreme Court 1.D. No.: 203250 Address: 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: 717-975-9446 Forst RW-01 rcv. 10./3.06 Page 2 of 2 ,. ~ ~. Ext,; ;~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of Lewis A. Straw, Deceased No. 2010-456 APPEAL FROM PROBATE To the Register of Wills of Cumberland County: You are hereby noted that the undersigned hereby appeals to the Orphans' Court of said county from the decision of the Register of Wills in the above estate admitting to probate as a certain writing and alleged last will and testament of Lewis A. Straw, the deceased, a writing dated April 5, 2010, and granting letters testamentary thereon. ~_ Donald Straw Appellant ~~~ Ronald Straw by Donald Straw/Power of Attorney Appellant By: Eric David, Esq. Attorney to Ronald 8 Donald Straw Attorney ID #205748 Rominger & Associates 155 S. Hanover Street Carlisle, PA 17013 (717)241-6070