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Home My WebLink About03-12-15 1 TE-1-h), --i o KEEFER WOOD ALLEN & RAHAL, LLP ?�Ir 018'R 12 1.1 52 William R. Church', Esq. Attorney ID No. 318955 P.O. Box 11963 Harrisburg, PA 17108-1963 `a. BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA: Estate of Benjamin B. Bower, Deceased No. �� PETITION FOR CITATION TO SHOW CAUSE WHY LETTERS OF ADMINISTRATION SHOULD NOT BE ISSUED TO PETITIONERS AND WHY PRODUCTION OF WILL SHOULD NOT BE COMPELLED IN ACCORDANCE WITH 20 PA. C.S.A. & 3137 Petitioners, Dana Bower, Hiliary Bower, and Wesley Bower(collectively, "Petitioners"), by and through their attorneys, Keefer, Wood, Allen& Rahal, LLP, hereby file this Petition and in support thereof aver as follows: 1. Benjamin B. Bower("Decedent") died on November 29, 2014, a resident of 140 Long View, Carlisle, Cumberland County, Pennsylvania; however, at the time of his death, and for roughly one (1)month prior thereto, Decedent physically resided at Forest Park Health Center&Rehabilitation("Forest Park"), in Cumberland County, Pennsylvania. 2. Petitioners are Decedent's only children, and, for the reasons set forth below, Petitioners believe, and therefore aver, that they are also Decedent's sole intestate heirs. 3. On or about June 27, 2014, Decedent received the results of a Magnetic Resonance Imaging ("MRI")test that revealed an unknown mass or tumor on Decedent's spine and also a fractured vertebrate; immediately thereafter,Decedent was admitted to.Penn State Hershey Medical Center("Hershey Med Center"), in Dauphin County, Pennsylvania. 4. On or about June 28, 2014, Decedent underwent surgery at Hershey Med Center; in order to remove the unknown mass or tumor on his spine; at the same time, pins were.inserted into Decedent's spinal column, in order to stabilize his fractured vertebrate. 5. On or about June 30, 2014, after undergoing surgery, Decedent was discharged from Hershey Med Center, to recuperate at home. 6. Unfortunately, Decedent continued to experience problems with his health and, as a result, only a few weeks after being discharged from Hershey Med Center, Decedent was admitted to Holy Spirit Hospital ("Holy Spirit"), in Cumberland County, Pennsylvania, on or about July 14, 2014. 7. Petitioners believe, and therefore aver,that;due to"his"rapidly declining health, Decedent was never able to return home after July of 2014, when he was admitted to Holy Spirit; as explained below, Decedent spent his final months in various hospitals and in-patient medical treatment facilities, including Forest Park, where he ultimately died. - 2 - 8. On or about July 16, 2014, Decedent underwent a second surgery, this time to test and remove a lymph node; shortly thereafter, Decedent was diagnosed with B-cell lymphoma. 9. Subsequently, further tests revealed that the unknown mass or tumor.on Decedent's spine had returned and, in fact, grown substantially, and because it was severely impacting Decedent's feeling and movement below the waist, Decedent was transported to Hershey Med Center on or about July 17, 2014. 10. While Decedent was hospitalized at Hershey Med Center, on or about July 18, 2014, Decedent underwent a third surgery, as a final, last-ditch effort to remove the unknown mass or tumor on his spine. 11. Thereafter, and continuing through much of August of 2014, Decedent underwent no less than ten(10) rounds of radiation treatment at Hershey Med Center. 12. On or about August of 2014, and continuing through October of 2014, Decedent underwent three (3) rounds of chemotherapy treatment at Hershey Med Center; although Decedent was ordered to receive six (6) rounds of chemotherapy, Petitioners believe, and therefore aver, that Decedent chose to end his chemotherapy treatments after only three (3) rounds because they were proving ineffective to combat Decedent's advanced-stage cancer. 13. Petitioners aver, and therefore believe, that, after each round of chemotherapy, Decedent was discharged from Hershey Med Center and transferred to an in-patient rehabilitation facility; each time, however, Decedent was readmitted to Hershey Med Center after only a brief stay at the in-patient rehabilitation facility, because - 3 - Decedent continued to experience health problems that required his re- hospitalization. 14. Finally, Decedent was discharged from Hershey Med Center and admitted to Forest Park on or about November 1, 2014, where Decedent remained until his death on November 29, 2014. 15. While Decedent was hospitalized at Hershey Med Center, on August 20, 2014, a purported marriage ceremony with Sylvia Jean Lokey (a/k/a Sylvia Jean Sayers, Sylvia Jean Bower, and Sylvia Jean Davis) (individually, "Sylvia") was performed by Frederick S. Carpenter, Mayor of Palmyra. A copy of the Marriage Certificate is attached hereto as Exhibit"A" and is fully incorporated herein by this reference. 16. Petitioners believe, and therefore aver, that, due to Decedent's declining health and the myriad medical treatments and procedures described above, including the medications that Decedent was taking in connection therewith, Decedent lacked the requisite mental capacity to enter into matrimony at the time of his purported marriage ceremony with Sylvia. 17. Petitioners believe, and therefore aver,that the purported marriage to Sylvia is therefore void for Decedent's lack of the requisite mental capacity. 18. Petitioners believe, and therefore aver, that, at all times material hereto, Sylvia was in a position of special trust and confidence with respect to Decedent and that Decedent was therefore subject to her undue influence, both concerning the purported marriage and also at the time of the execution of the below-described alleged Last Will. - 4 - 19. Petitioners believe, and therefore aver, that, on or about July 16, 2009, Decedent executed a Last Will (the "Alleged Will"), pursuant to which he gave the entire residue of his estate to Sylvia and also appointed her as executrix. A copy of the Alleged Will is attached hereto as Exhibit"B" and is fully incorporated herein by this reference. 20. Petitioners believe, and therefore aver,that, at all times relevant hereto, Decedent enjoyed a loving and close relationship with Petitioners, his only children. 21. Petitioners believe, and therefore aver,that, at various.times prior to his death, Decedent orally stated his desire that Petitioners receive certain items of Decedent's tangible personal property upon his death, because said property consists of family heirlooms, which are of great sentimental value to Petitioners and Petitioners' extended family, and, for that reason, Decedent wanted said property to remain in the blood-related family. 22. Petitioners believe, and therefore aver,' hat, under the terms of the Alleged Will, Decedent gave his entire residuary estate to Sylvia, if living, otherwise to Sylvia's children, Richard Davis and Donald Davis, equally or to the survivor of them, despite the fact that Decedent did not have any legal nor personal relationship with Richard Davis and/or Donald Davis, and contrary to Decedent's stated intention that Petitioners receive the above-mentioned family heirlooms. 23. For the reasons stated above, Petitioners believe, andthereforeaver, that the above- described and attempted disposition of Decedent's residuary estate, pursuant to the terms of the Alleged Will, represents an unusual and unnatural disposition, which - 5 - Decedent would not have made but for the exercise of undue influence by Sylvia, upon Decedent. 24. For the reasons stated above, Petitioners believe, and therefore aver, that the Alleged Will was and is void as the product of undue influence by Sylvia, upon Decedent. y 25. Petitioners believe, and therefore aver, that, if the Alleged Will exists, the original of the Alleged Will is in the possession of Sylvia, who has refused to produce it for probate, despite requests by Petitioners and their counsel to do so. WHEREFORE, Petitioners respectfully request that a Citation be issued, directed to Sylvia Jean Bower, to show cause, if any, why she should not be compelled to produce the alleged Last Will of Benjamin B. Bower, deceased, dated July 16, 2009, for probate, and, in the absence of the valid filing and subsequent admission to probate of said alleged Last Will, to show cause why Letters of Administration should not be issued to Petitioners. A proposed Order and a proposed Citation are submitted herewith. Respectfully submitted, KEEFER, WOOD, ALLEN & RAHAL, LLP Dated: RaccNt 2015 By: Oka, William R. Church, Esquire Attorney I.D. No. 318955 417 Walnut Street, 4th Floor Harrisburg, PA 17108-1963 (717) 255-8065 Attorney for Petitioners - 6 - VERIFICATION The undersigned,DANA BOWER,HILIARY BOWER, and WESLEY BOWER,hereby verify and state that: 1. They are the Co-Petitioners in the foregoing Petition; 2. The allegations set forth in the foregoing Petition are true and correct to the best of their knowledge,information and belief; and 3. They are aware that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904,relating to unsworn falsification to aut orities. D A BOWER, Co-Petitioner HILLARY BOWER, Co-Petitioner WESLEY BOWER, Co-Petitioner Dated: i VERIFICATION The undersigned, DANA BOWER, HILIARY BOWER, and WESLEY BOWER, hereby verify and state that: 1. They are the Co-Petitioners in the foregoing Petition; 2. The allegations set forth in the foregoing Petition are true and correct to the best of their knowledge, information and belief; and 3. They are aware that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. DANA BOWER, -Petitioner H41HI A Y BO o- etitioner AY BO WESLEY BOWER, Co-Petitioner Dated: /5 VERIFICATION The undersigned,DANA BOWER, HILIARY BOWER, and WESLEY BOWER,hereby verify and state that: 1. They are the Co-Petitioners in the foregoing Petition; 2. The allegations set forth in the foregoing Petition are true and correct to the best of their knowledge, information and belief; and 3. They are aware that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904,relating to unsworn falsification to authorities. DANA BOWER, Co-Petitioner HILIARY BOWER, Co-Petitioner k�� WESLEY B WER, Co-Petitioner Dated: i License No. J-17-109 1, MAYOR FREDERICK S. CARPENTER hereby certify that on August 20, 2014, at DERRY TOWNSHIP BENJAM.[NBIEBER BOWER and S YL VIA JEAN SA YERS Were by me united in marriage, in accordance with the z:1 license issued by the Clerk of the Orphans' Court Division of the Court of Common Pleas of Dauphin County, Pennsylvania. Certified from the record this 19th day of November, 2014. Jean Nfitrft KitTQ,C ch of the Ori4t—im'(-,'oori EXHIBIT A OFFICIAL RECEIPT Jean Marfizo Ifing REGISTER OF WILLS CLERK OF ORPHANS' COURT Dauphin County, Pennsylvania 11/19/2014 11:15:52 AM RETURN TO: ROW Receipt#: 91542 Transaction#: 765239 Paid By: GEORGE CONNOR Payment Comment: Collected By: JES Collected Date: 11/19/2014 11:15:52 AM Fees/Taxes/Charges: AUTOMATION FEE $0.00 CERTIFIED COPY OF MARRIAGE LICENSE $10.00 ------------------ ------------------ Total Charges for Transaction: $10.00 Total Amount Due: $10.00 Total Amount Paid: $20.00 Change Due $10.00 Amount Paid Payment Type Check Number $20.00 Cash Register of Wills — Dauphin County Courthouse 101 Market Street—Room103 Harrisburg,PA 17101 CER-rIFIED To BEA TRUE A Al D CORRECT COPY OF LAST WILL ORIGINAL. TEST"ENT 1, BENJAMIN B. BOWER, of 140 Long View, Carlisle, N. Middleton Township, Cumberland County,Commonwealth of Pennsylvania,being of sound and disposing mind,memory and understanding,do hereby make,publish and declare this as and for my Last Will and Testament, hereby revoking any and all other wills and codicils heretofore made by me. FIRST. I direct that all my just debts and funeral expenses be paid from my estate as soon after my death as practically and conveniently may be done. SECOND. I direct that my remains be interred within my burial plot in Blain Cemetery in accord with my expressed-wishes. THIRD. I authorize my personal representative to expend funds from my estate, in such amounts as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. FOURTH. I give,devise and bequeath all of my estate of whatever nature,be it real, personal or mixed,and wherever situate unto my friend, SYLVIA JEAN LOKEY. In the event she fails to survive me by thirty(30)days, I give,devise and bequeath all the rest,residue and remainder of my estate unto Sylvia's children, RICHARD DAVIS,and DONALD DAVIS, living at the time of my death,per capita.. FIFTH. I direct that any and all Inheritance,Estate and Transfer taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the principal of my residuary estate. SIXTH I hereby nominate, constitute and appoint my friend, SYLVIA JEAN LOKEY" as Executrix of this my Last Will and Testament. In the event of renunciation,death,resignation or inability to act for any reason whatsoever of my friend, SYLVIA JEAN LOKEY, I nominate, constitute and appoint RICHARD DAVIS as Executor of this my Last Will and Testament. I hereby relieve my Executrix from the necessity of posting security in connection with his duties, as such,in any jurisdiction in which she may be called upon to act insofar as I am able by law to do so. In addition to the powers conferred by law,I authorize my Executrix,in her absolute discretion,to retain in the form received,and to sell either at public or private sale any real or personal property owned by me at the time of my death. IN WITNESS WHEREOF,I have hereunto set my hand and seal to this,my Last Will and Testament,consisting of one typewritten page this day of 12009.. J B3EN4JK B.BOWER EXHIBIT B I Signed, sealed published and declared by the above named Testator BENJAMIN B. BOWER as and for his Last Will and Testament,.in the presence of us,who, at his request, in his sight and presence and in the sight and presence of each other,have hereunto subscribed our names as witnesses. UL COMMONWEALTH OF PENNSYL LAMA . SS COUNTY OF CUMBERLAND I,BENJAMIN B. BOWER,Testator 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 that I signed it as my free and voluntary act for the purposes therein expressed. BENJ B. BOWER Sworn or affirmed to and acknowledged before me,by w BENJAMIN B. BOWER this day of t) (, ,.2009. Notary blic C0Mjmvj0NW-1 -f -- ENNSYLVANIA NOTARIAL SEAL JOAN D.ADAMS,Notary Public Carlisle Baro.,Cumberiand County My Comrnission Expires soh 7.2011 I a COMMONWEALTH OFPENNSYLYANL4 :SS. COUNTY OF CUMBERLAND . We, VV f k/Vi M A ( 0 and �l,rJd�Aj the 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 BENJAMIN B. BOWER sign and execute the instrument as his fast Will;that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed;that each of us in the hearing and sight of the Testator signed the will as witnesses; and that to the best of our knowledge,the Testator was at that time eighteen(18)or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed before me by VVI A M A, 0 "CA� and 4)t)54 A/ L9 HAXTM A�V ,witnesses, this jd day of 2009. Notary lic C0MM0NW—EAL YLYANI -H OF PENNSA ( NOTARIAL SEAL JOAN D.ADAMS,Notary Public Carlisle Boro.,Cumberland County i, My Commission Expires March 7,2011_ i