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HomeMy WebLinkAbout08-23-13 EYHI�IT A Jason M. Weinstock, Esquire Pa. I.D. No. 69272 Louis J. Michelsen, Esquire Pa. I.D. No. 90582 IRA H. WEINSTOCK, P.C. . 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Attorneys for: Fax: 717-238-6691 PETITIONER5 ESTATE OF CHARLOTTE STONE, : IN THE COURT OF COMMON PLEAS DECEASED : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION : � - �� : No. 21-13-88 T � `-'-' ; ; {,_`:; : c� - - .. rn { ,-: � , ,. : r ..� APPEAL FROM PROBATE � ` ' ' �� , ' _�. v, . . , . ti; "� r-, To the Register of Wills of Cumberland County: <-, �:�� � :_=: ,;�, �...= , . .::, t--a � You are hereby notified that the undersigned hereby appeals tQ��the"Orpha�s' Gourt. 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 Charlotte Stone, the deceased, a writing dated February 1 l, 2009, and granting letters testamentary thereon. JAS . WEINSTO , ESQUIRE . LOU . IC S N, ESQUIRE 0 n �:: R� � � ��_ `� �mi , : r�� Jason M. Weinstock, Esquire rn ' - � _-, � ; . Pa. I.D. No. 69272 ' �-- ' ' ' "= � � �;., Louis J. Michelsen, Esquire '" �°3 �- • � , ,. Pa. I.D. No. 90582 -�' IRA H. WEINSTOCK, P.C. 800 North Second Street � � ` � � Harrisburg, PA 17102 '�'_� ' ,. Telephone: 717-238-1657 Attorneys for: Fax: 717-238-6691 PETITIONERS ESTATE OF CHARLOTTE STONE, : 1N THE COURT OF COMMON PLEAS DECEASED : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION : No. 21-13-88 PETITION FOR CITATION FOR APPEAL FROM PROBATE To the Honorable Orphans' Court Judge of the said court: NOW comes Joy Nargi, daughter of the Decedent, Tammy Duncan, daughter of the Decedent, Angela Book, daughter of the Decedent, and Debbie Ulsh, daughter of the Decedent, Petitioners, and request your Honorable Court to issue a citation in the above matter directed to the executor of the estate of Charlotte F. Stone and the heirs of the estate of Charlotte F. Stone to show cause why the decision of the Register of Wills admitting to probate a writing dated February 11, 2009, as the Last Will and Testament of the above Decedent should not be vacated and the appeal therefrom sustained, and say: l. The above-named Decedent, Charlotte F. Stone, was a resident of Cumberland County at the time of her death on January 12, 2013, with a last principal address of 441 Wolf's Bridge Road, Carlisle, Pennsylvania 17013. 2. Your Honorable Court has jurisdiction over this matter under and pursuant to 20 PA.C.S.A. §711(1) and(18). 3. On January 28, 2013 the Register of Wills admitted to probate as the Last Will and Testament of the above-named Decedent a writing dated February 11, 2009. Your Petitioners feel the aforesaid Last Will and Testament admitted to probate is not the true testament of the Decedent and should not have been admitted to probate for the following reasons: a. The Decedent was unduly influenced to authorize and sign the February 11, 2009 Will by Bruce Stone. b. The Decedent was of diminished intellect to authorize and sign said February 11, 2009 Will, thereby disinheriting all of her children and leaving the bulk of her estate to her abuser, Bruce Stone. 4. Your Petitioners are Joy Nargi, Tammy Duncan, Angela Book, and Debbie Ulsh and 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. The evidence will prove that Decedent's children were active in her life, Decedent intended to leave an inheritance to her children, and that the only reason her children were not provided for was the undue influence and intimidation of Bruce Stone. 5. The name and address of the Executor of the Last Will and Testament admitted to probate is as follows: Bruce Stone, 441 Wolf Bridge Rd., Carlisle, PA 17013. 6. The names and addresses of all other parties in interest are as follows: Joy Nargi: 14 Monroe Street, Branford, CT 06405 Tammy Duncan: 1620 Pine Rd., Carlisle, PA 17013 Debbie Ulsh: 1622 Pine Rd., Carlisle, PA 17013 2 Angela Book: 24 East Countryside Dr., Boiling Springs, PA 17007 Sherrie Campbell: 10 E. Pennsylvania Ave., Mt. Union, PA 17066 7. The proceedings before the Register of Wills have consisted of the admission to probate of a purported Will of the Decedent dated February 11, 2009, and the grant of letters testamentary thereon unto Bruce Stone. 8. On August 22, 2013, 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 Wills on August 22, 2013. A true and correct copy of the Notice of Appeal is attached hereto and marked Exhibit A. 9. Your Petitioners believe and, therefore, aver that the testatar lacked testamentary capacity and executed the aforesaid Last Will and Testament as the result of undue influence, and in support of said allegation alleges as follows: a. On February 11, 2009, Charlotte Stone revoked her previous Will which provided that substantial assets would be divided amongst her surviving children. She then signed a new Will on February 1 l, 2009, leaving her entire estate to Bruce Stone, the surviving children's uncle and her second husband. b. During the time preceding the signing of the new Will, Bruce Stone exerted undue influence over the Decedent such that her Will was overcome. She actually did not provide at all for her surviving children in her new Will. c. During the time period from 2008 to 2009, several family members, including her children, tried to contact the Decedent but were unable to speak to her because of the actions of Bruce Stone. Mr. Stone refused to allow any calls or return calls to Decedent's biological family members. 3 d. When family members tried to personally visit the Decedent, Mr. Stone continually told them that she was in the bathtub or was iinavailable. e. Her daughter, Joy Nargi, continued to write to her mother during the 2008- 2009 timeframe and actually received a birthday card from the Decedent in 2008. The card showed Decedent's appreciation for the presents that were sent and included a lot of statements about Decedent's anticipation that Matthew Ulsh, her grandson, would be visiting her house for a week. There was no indication that Decedent was anything but devoted to her children and grandchildren. f. From 2008 and continuing, the Decedent's family was not able to visit with her without Bruce Stone being present. Mr. Stone refused to allow the Decedent to even walk outside the house unless he was there. g. Mr. Stone, around the time of the signing of the new Will as well as following, would monitor all phone calls from Decedent's children and would not permit Decedent to independently call her children. He complained he had to pay for any such calls. h. Around the time of the signing of the new Will, Mr. Stone cancelled Decedent's cell phone and also cancelled Decedent's membership at a fitness club, Curves, where she had been going for some time and had a community of women friends. i. On October 22, 2011, Debbie Ulsh, Decedent's daughter, visited Decedent at her home and transported her to Ewing Brothers Funeral Home to make formal arrangements for Dennis Stone (Decedent's son). Debbie Ulsh noticed a scar and bruising on Decedent's face. The Funeral Director, Steve Ewing, also commented on the scar and bruising on Decedent's face. j. In October or November 2011, the Department of Aging of Cumberland County investigated Bruce Stone for alleged abuse of Decedent. 4 k. On November 23, 2011, at about 5:30 p.m., Tammy Duncan visited Decedent at her home and spoke with her. Decedent at that time did not need immediate medical care or treatment. An argument ensued between Ms. Duncan and Mr. Stone regarding items of Dennis Stone's estate. Bruce Stone wanted certain tractors given to him as Ms. Duncan was the executrix of Dennis Stone's estate. 1. On the evening of November 23, 2011, Decedent was injured at home. Bruce Stone did not obtain or seek medical treatment for Decedent. Mr. Stone merely moved Decedent from the injury location to another room in the home. In fact, no medical treatment was obtained for Decedent until November 25, 2011 after a friend of the Decedent, Bertha Rogers, visited the home, and insisted that Decedent be taken to the hospital. m. On November 25, 2011, Decedent was then transported to Hershey Medical Center due to a brain injury. The case manager at Hershey Medical Center informed Angela Book that Bruce Stone was the suspected perpetrator of the injury and told varied stories as to how Decedent was injured. Middlesex Township Police Department was notified of the incident. n. On November 28, 2011, Angela Book contacted Percilla Whitman of the Department of Aging, concerning the events of November 25, 2011. Ms. Whitman confirmed to Ms. Book that her department received medical reports from Carlisle Hospital and Hershey Medical Center. o. During November of 2011, Decedent was an inpatient at Carlisle Hospital. The nursing staff informed Angela Book that Bruce Stone had told three differing accounts of Decedent's injury and that Decedent was to be kept in a room outside the nursing station so that she could be watched during visits with Bruce Stone. 5 p. In December 2011, Decedent was taken to Claremont Nursing Home. Tammy Duncan visited her there and noticed significant bruising all over Decedent's body. This was also documented by the nursing staff. q. Angela Book was informed by the staff at Claremont Nursing Home that Decedent would be placed in the dining room outside the nursing station at all times so that she could be monitored during visits with Bruce Stone. Decedent was only permitted to sleep at night in her personal room while at Claremont Nursing Home. r. In January 2012, Joy Nargi visited Decedent at Cumberland County Nursing Home. During that visit, Decedent told Ms. Nargi that she was upset because of Mr. Stone's actions and that Bruce Stone was upset with her because she had said too much to a social worker. s. Decedent died on January 12, 2013 from her injuries sustained. 10. The aforesaid Last Will and Testament is not the Last Will and Testament of the Decedent for the reason that the aforesaid Will was procured by fraud, misrepresentation and undue influence, and in support of said allegation, the Petitioners allege as follows: The aforestated claims show a pattern of abuse and intimidation which overcame the Decedent and forced her to sign a Will which was not her intent or desire. WHEREFORE, Petitioners request that your Honorable Court issue a Citation upon the Executor to show cause why the appeal from the decree of the Register of Wills admitting to probate the writing dated February 11, 2009 should not be sustained. 6 Resper,tt'�ily Submitted IRA H. W-E,INS7'QCK, P.C. R00 Norih Se�;and Street Harris�ur�, YA 17102 Yhone: 717-?�8-1657 B �� - __--��� y. JASON M. WEINSTOCK Attorney I.D. No. 69272 By: LO S J. MICHELSEN Attorney I.D. No. 90582 7