HomeMy WebLinkAbout11-26-14 Forrest Park and thereafter to the Church of God Home. Mrs. Rice never returned to
reside in her home again.
9. Linda Shank is the niece of Mrs. Rice.
10. Linda Shank and her husband William Shank live in Carlisle at 1012 Shannon Lane.
11. It is believed and therefore averred that Linda Shank had a close relationship with her
Aunt,Mrs. Rice, and assisted her with tasks which were too much for Mrs. Rice to
handle on her own.
12. Petitioner believes and therefore avers that his father,the decedent, had a Last Will &
Testament when he passed away on April 5,2014.
13. Linda Shank spoke with members of petitioner's family in late April or early May of
2014 and was cordial, offering to assist with their father's effects and helping them
with their father's estate administration.
14. Linda Shank told Arthur Jeffries, decedent's son,that she had William B. Jeffries Last
Will &Testament and told him that she would make a copy of the will and send it to
him.
15. Mrs. Rice died on September 12,2014.
16. Arthur Jeffries again contacted Linda Shank in late September of 2014 and asked
again if Linda Shank would send to him a copy of his father's will. Linda Shank was
uncooperative.
17. No copy of the will was ever produced by Linda Shank to any of the Jeffries children.
18. The estate of William B. Jeffries was never opened in Cumberland County.
19. At the time that decedent,petitioner's father,passed away, Linda Shank and William
Shank were the only persons with access to all of the personal and legal papers of
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s
William B. Jeffries.
20. The Pennsylvania Statutes state, in pertinent part:
20 Pa.C.S.§ 3137 Enforcing production of will
The register [of wills], at the request of any party in interest, shall issue a citation
directed to any person alleged to have possession or control of a will of a decedent
requiring him to show cause why it should not be deposited with him. In the absence
of good cause shown,the register shall order the will to be deposited with him.
21. The Register of Wills has the authority to order a person to produce a Last Will and
Testament before her. See 20 Pa.C.S. 903(1) and 20 Pa.C.S. 905.
22. The Pennsylvania Statutes further state, in pertinent part:
§ 4103 Fraudulent destruction,removal or concealment of recordable instruments
A person commits a felony of the third degree if, with intent to deceive or injure
anyone, he destroys,removes or conceals any will, deed,mortgage, security
instrument or other writing for which the law provides public recording.
A felony of the third degree is punishable by a fine of up $15,000 and imprisonment
of up to seven years. See 18 Pa.C.S. 1101(3)and 18 Pa.C.S. 1103 (3).
23. Petitioner wishes to administer and finalize the estate of his father.
Wherefore, Petitioner requests that the Register of Wills issue a Citation on Linda Shank to show
cause why she should not present the Last Will and Testament of William B. Jeffries to the
Register of Wills with a view to the proper administration of the estate of William B. Jeffries.
Respectfully Submitted,
Mark A. Mateya,tsquire
Attorney ID No. 78931
55 W. Church Avenue
Carlisle, PA 17013
(717)241-6500
(717) 241-3099 Fax
Date:
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VERIFICATION
1.. Robert B. Jeffries: verify that the facts set forth in.the foregoing Petition for Citation
are true and correct to the best of my knowledge; information;and belief. I understand that false
statements herein are subject to the penalties of 1.8 Pa.C.S. § 4904.. relating to unsworn
falsification to authorities.
r
DATED: F1 2!>
t N
Roberti,e-
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CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire,hereby certify that I have served a copy of the foregoing
document on the following person(s)by depositing a true and correct copy of the same in the
United States Mail,by way of United States Mail, first class,postage prepaid, and by Registered
Mail at Carlisle, Cumberland County, Pennsylvania addressed to:
Linda Shank
.1012 Shannon Lane
Carlisle, PA 17013
Mark A. Mateya, E uire
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717)241-3099 Fax
Dated: j ZCP
Courtesy Copy to
Seth T. Mosebey, Esquire
Martson Deardorff Williams Otto Gilroy& Faller
Ten East High Street
Carlisle,PA 17013
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