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HomeMy WebLinkAbout09-25-12IN RE: ESTATE OF MARY G. STUM, Deceased THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-12-121 PETITION FOR PROBATE RELIEF PETITION FOR ISSUANCE OF LETTERS OF ADMINISTRATION, C. T. A. ~a `^} ~~;"' . tV ~~~~'` ~ ~~-~,`~, ~~..,., ~ ~ -., ~~ TO THE HONORABLE, THE REGISTER OF WILLS OF CUMBERLAND COUNTY: The Petition of PAUL D. McNEW, JR., by his attorney, Wayne F. Shade, respectfully represents, as follows: 1. Petitioner PAUL D. MCNEW, JR. (hereinafter "MCNEW") who resides at 1058 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015, is an adult individual and the sole testamentary heir of Mary G. Stum, deceased. 2. Respondent DONALD HIPPENSTEEL (hereinafter "HIPPENSTEEL"), who resides at 1135 Means Hollow Road, Shippensburg, Pennsylvania 17257, is an adult individual and the individual designated as executor in the will of Mary G. Stum. 3. Mary G. Stum, a resident of 1058 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015, died of natural causes on November 4, 2011. 4. The decedent was not survived by a spouse. 5. Because the decedent died testate, there are no persons who are entitled to ;-r, r-F7 C": ~~ ~d _4:> >~:, <~~ ~+ ~:~ inherit from her under the intestate laws. 6. A true and correct copy of the will of the decedent, confirming that MCNEW is the sole heir of the decedent, is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 7. The only assets of the decedent of any significant value were the following: (a) Her residence. at 1058 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 1701 S, which was assessed for real estate tax purposes at $100,200, and in which MCNEW resides; (b) A checking account at Orrstown Bank with a balance of $3,544.78; (c) Joint interests with MCNEW in various motor vehicles, all of which were approximately twenty years old or older and of no substantial value; (d) Seven firearms of no substantial value; and (e) A judgment in the amount of $8,000 against her son which is of doubtful collectability. 8. MCNEW gave the original of the will of decedent to HIPPENSTEEL on the day of the funeral of decedent, and MCNEW believes and therefore avers that the original of the will of decedent remains in the possession of HIPPENSTEEL. 9. By June 8, 2012, more than seven months after the death of the decedent, HIPPENSTEEL had not probated the will in spite of the repeated requests of MCNEW that he do so. 10. On June 8, 2012, counsel for MCNEW sent a letter to HIPPENSTEEL, a true and correct copy of which is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. -2- 11. The envelope in which Exhibit "B" hereto was sent to HIPPENSTEEL contained the return address of counsel for MCNEW. 12. Exhibit "B" hereto was not returned to counsel for MCNEW. 13. Neither MCNEW nor counsel for MCNEW has received any response from HIPPENSTEEL to Exhibit "B" hereto. 14. MCNEW believes and therefore avers that HIPPENSTEEL does not intend to probate the will or to otherwise perform his legal duties as executor of the estate of decedent. 15. Paragraph 2 of the will of decedent directs that the inheritance tax be paid from the residuary estate of decedent. 16. MCNEW wants to keep the residence of decedent in which he resided with decedent for many years prior to her death and in which he continues to reside. 17. MCNEW is unable to afford to pay the fifteen percent inheritance tax on his inheritance without borrowing the money to do so. 18. The only collateral that MCNEW has available to him to pay the inheritance tax is the real estate that he has inherited from decedent. 19. As a result of the refusal of HIPPENSTEEL to perform his legal duties as executor, MCNEW has been unable to obtain the legal title to the real estate that he will need to be able to borrow the money to pay the fifteen percent inheritance tax on his inheritance. -3- 20. As a result of the refusal of HIPPENSTEEL to perform his legal duties as executor and the resulting inability of MCNEW to borrow the funds to pay the inheritance tax, interest is accruing on the inheritance tax that is due. 21. MCNEW believes and therefore avers that the continuing refusal of HIPPENSTEEL to perfume his legal duties as executor will jeopardize the estate and operate to the further material prejudice of MCNEW. 22. In paragraph 4 of the will of decedent, Daryl P. Stum was appointed alternate executor of the will of decedent. 23. Daryl P. Stum has renounced his right to act as executor in favor of MCNEW as administrator in his renunciation, a true and correct copy of which is attached hereto as Exhibit "C" and incorporated herein by reference as though fully set forth. WHEREFORE, Petitioner respectfully requests that a citation be awarded pursuant to the provisions of 20 Pa.C.S. § 3155 directed to HIPPENSTEEL to show cause why Letters of Administration c.t.a. should not be issued to MCNEW as the sole residuary heir. PETITION TO ENFORCE PRODUCTION OF WILL 24. The averments of ¶¶ 1 through 13 above inclusive are incorporated herein by reference as though fully set forth. 25. MCNEW believes and therefore avers that HIPPENSTEEL does not intend to produce the original of the Will of the decedent. -4- WHEREFORE, Petitioner respectfully requests that a citation be awarded pursuant to the provisions of 20 Pa.C.S. § 3137 directed to HIPPENSTEEL to show cause why HIPPENSTEEL should not be required to produce the original of the will of decedent. PETITION FOR PROBATE OF PHOTOCOPY OF WILL 26. The provisions of ¶¶ 1 through 13 above inclusive and 25 are incorporated herein by reference as though fully set forth. WHEREFORE, Petitioner respectfully requests that a citation be awarded directed to HIPPENSTEEL to show cause why a photocopy of the will of decedent should not be admitted to probate as if it were the original. Way .Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Petitioner -5- The statements in the foregoing Petition are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and, to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information, and belief. 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: September 24, 2012 Paul D. McNew, Jr. ~~ .. LAW OFFICES OF 'EPHEN J. NOGG I S. HANOVER STREET surrE poi CARLISLE, PA 17013 WILL OF MARY G. STUM ., I, Mary G. Stum of Cumberland County, Carlisle, Pennsylvania, declare this to be my last Will and hereby revoke all prior Wills and Codicils. 1. t direct that all my just debts, funeral expenses, gravemarker and administrative expenses shall be paid from my residuary estate as soon as practicable after my death. 2. I direct that all inheritance, estate, transfer, succession and death taxes of any kind whatsoever which may be payable by reason of my death shall be paid o-ut.of my residuary estate. 3. I direct that my entire estate be distributed as follows: A. I direct that my entire estate go to Paul D. McNew, Jr. B. If Paul D. McNew, Jr. should predecease me, then I direct that my entire estate go to Donald Hippensteel. C. I do not wish to leave anything to my son, Robert Gardner. 4. I appoint Donald Hippensteel, as Executor of this my last Will. If Donald Hippensteel should predecease me or cease to act in such capacity, I appoint Daryl P. Stum as alternate. 5. The Executor of this-Will shall have-the-poweFto--- ~- -~ distribute my estate in kind or in cash, or partly in either. 6. I direct that no Executor acting under this Will shall be required to enter bond in any jurisdiction. IN WITNESS WHER~ F, I e hereunto set my hand this ___[~ day of .. 2 .~~ , 2005. Stum .v ~C ~G~- EXHIBIT "A" The preceding instrument consisting of this and one other page was on the day and date hereof signed, published and declared by Mary G. Stum as and for her last Will in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. ~~ e~~ ~ . ~., g'C_ ITNESS uw offices of iTEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ACKNOWLEDGMENT State of Pennsylvania County of Cumberland ss I, Mary G. Stum, 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 I signed it willingly and as my free and voluntary act for the purposes therein expressed. Mary Stum Sworn to or affirme nd acknowle d b re me by Mary G. Stum the Testatrix, this ~ da of 2~ ~~ Y , 2005. /_ Public% LAW OFFICES t7F EPHENJ.HOGG S. FIANOVER STREET SUITE I O i CARLISLE, PA 17013 State of Pennsylvania County of Cumberland ss We,~US~n/((~ 5~ /~~ and ~t~cc T1 . ~~ 1 ~ v~he 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 Testatrix sign and execute the ', instrument as her last Will; that the Testatrix 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 Testatrix signed the Will as a witness; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of so d mind and under no constraint or ndue influence. f ' . f S orn to or affirm and this -~~~ day of AFFIDAVIT Notaryl'ublic/Alto before me by witnesses, ' _ .2005. WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717)243-0220 (800)243-0220 waynefshade@comcast.net June 8, 2012 Mr. Donald L. Hippensteel 1135 Means Hollow Road Shippensburg, Pennsylvania 17257 Re: Estate of Mary G. Stum Dear Mr. Hippensteel: FAX (717) 249-0017 This will introduce the undersigned as attorney for Paul D. McNew, Jr., the sole heir of your sister's estate. As you are aware, your sister died on November 4, 2011. According to our investigation, her Will has not been probated in the more than seven months since the date of death. Obviously, this is a serious issue. The purpose of this letter is to advise you that Mr. McNew would be more than willing to undertake all of the duties and responsibilities involved in settling the estate if you would be interested in having him undertake that responsibility. You have the legal right to do that. If you would cooperate with that, you would have no further legal responsibilities in connection with the estate. If you would be interested in doing that, all you would need to do would be to sign the enclosed Renunciation and return it to this office. If you want to sign the document, you will need to sign it in the presence of a Notary Public and have it notarized. You would be welcome to come to this office and sign it here. We would then notarize it at no charge to you. However, we cannot notarize it if we do not see you sign it. If you sign the Renunciation, you should not use your middle initial because your middle initial does not appear in your sister's Will. If you are not interested in turning the duties and responsibilities over to Mr. McNew, we would insist that you probate the Will no later than July 2, 2012. EXHIBIT "B" Wayne F. Shade, Esquire, to Mr. Donald L. Hippensteel June 8, 2012 Page 2 If you do not turn the estate over to Mr. McNew or probate the Will by July 2, 2012, we will see no reasonable alternative but to file a petition with the court asking that you be removed as executor. If you decide to renounce, we will need the original of the Will to probate it. You should certainly feel free to consult with legal counsel concerning these issues. In the meantime, we would suggest that it would be helpful in minimizing misunderstandings and bad feelings, if all of your communications concerning the estate would be directed to this office rather than to Mr. McNew. Because we represent Mr. McNew, we would not want to communicate with you orally either over the telephone or otherwise. If you choose not to engage legal counsel to communicate with this office, you are welcome to communicate directly with this office. However, we will not speak orally with you either over the telephone or otherwise. You are welcome to submit any communications to this office in writing either by fax, by email, by hand delivery, or by postal mail; and we will respond in writing to any factual questions which would not involve giving legal advice. If you have a fax number or an email address, you are welcome to provide that information to us. We sincerely hope that we will be able to resolve the issues concerning your sister's estate upon an amicable basis. Very truly yours, ~G~ ~~~t i~~~_ Wayne F. Shade WFS/cjt Enclosure RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Mary G. Stum, Deceased I, DARYL P. STUM, in my capacity as alternate Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters of Administration be issued to Paul D. McNew, Jr. as the sole heir of the Estate. Date: f $ 2012 /• Daryl P. Stum 310 High Road Overlook Hendersonville, NC 28739 Executed out of Register's ice Before the undersigned personally appeared the party executing this renunciation and certified that he executed the renunciation for the purposes stet wi on this /$ day of .~Z~~I~P~/~L~~ .2012. My Commission Expires: ~ "~f' ~~5 (Signaderr and Seal Q~'Nolary or olhe~ o„8'kal gaal~Jted to adininfslei Della Show dole oJexptrotton t~No&uy s Co~unrirston.J ~~~teeeoid~ •.•~ PRREN '~., p~, ,. • ~ s • AI~ •, N •, ~ Y~r i0: .Q ~~~•.~ e i e ~,' C~ : ~ i d'. L/C ii~~, 0 ~NTY ~~,••• EXHIBIT "C"