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Home My WebLink About04-13-15 (2) , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF BENJAMIN B. BOWER : NO. 21-15-0082 ANSWER TO PETITION FOR CITATION TO SHOW CAUSE WHY LETTERS OF ADMINISTRATION SHOULD NOT BE ISSUED TO PEITITONERS AND WHY PRODUCTION OF WILL SHOULD NOT BE COMPELLED IN ACCORDANCE WITH 20 PA.C.S.A. SECTION 3137 AND NOW, comes Sylvia Bower, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: V C.3 1. Admitted. c3 x, = c, , C" 7 T] Cn X 2. Admitted in part and denied in part. It is admitted that the'P4eGron� al'.-, Decedent's only children. It is denied that Petitioners are Decedent's`-int s.t to irs; M rather, Decedent died with a valid Will in place and Sylvia Bower (herein2ifter f� �; C w � "Respondent") is Decedent's surviving spouse. 3.-15. Admitted. 16. Denied. Although Decedent suffered physically from his illness, Petitioners offer no medical evidence to support their claim regarding Decedent's mental capacity at the time he entered into marriage with Respondent. 17. Denied. The Register of Wills of Dauphin County met with the Decedent for purposes of issuing the marriage license. The Register would not have issued the marriage license to a person who lacked the mental capacity to enter into a valid marriage. Furthermore, the Mayor of Palmyra would never have officiated the marriage ceremony of Decedent if the Decedent had lacked the mental capacity to form a valid marriage. 1 18. Admitted in part and denied in part. It is admitted that Respondent was in a confidential relationship with Decedent. It is denied that Respondent's confidential relationship in any way negated Decedent's own free will to enter a marital relationship with Respondent or to execute Decedent's Last Will and Testament. 19. Admitted. 20. Denied. Attached hereto as "Exhibit A" is a certified true and correct copy of Decedent's Last Will and Testament dated February 6, 2008 which was provided to undersigned counsel by William A. Duncan, Esquire. On June 4, 2009, Decedent struck out all references to his children in his February 6, 2008 Will and initialed those changes. This marked up Will dated February 6, 2008 is a clear indication of Decedent's attitude towards his children at that time, which attitude never changed prior to Decedent's death. 21. Denied. Decedent did not make such oral representations, and furthermore, Defendant's validly executed Last Will and Testament makes no mention of the alleged oral provisions cited by Petitioners. 22. Denied. Decedent's Will speaks for itself. No gifts were given to Petitioners by Decedent in his Will or otherwise. 23. Denied. Decedent's Will speaks for itself, and there was no undue influence in connection with the Decedent's execution of his Last Will and Testament. 24. Denied. Decedent's Will is a valid Will pursuant to Pennsylvania law. 25. Denied. Decedent's Last Will and Testament was offered to Petitioners for their review and will be filed of record in this matter. 2 NEW MATTER 26. Decedent's Last Will and Testament dated July 16, 2009 is being filed to this matter simultaneous with this Answer. 27. Decedent's Will was executed according to Pennsylvania law and is valid in all respects. 28. Decedent's Will was executed in the presence of William Duncan, Esquire, a skillful and experienced Cumberland County attorney of high repute. 29. Decedent's Will makes no reference to his natural children, the Petitioners herein. 30. In fact, Decedent struck his children from his Will dated February 6, 2008, as shown in Exhibit A. 30. Undersigned counsel met with the Decedent in or about August, 2014, for purposes of reviewing his circumstances and estate plan in light of his serious illness. Decedent wanted no changes made to his July 16, 2009 Last Will and Testament. 31. Decedent had a relationship with "Thrivent Financial" prior to his death. 32. While Decedent was residing in Forest Park, Decedent met with Ronald L. VanSteenaker and Michael P. Gallagher from Thrivent Financial for purposes of investment review. Decedent expressed no interest to these men to change any of his beneficiaries and it remained Decedent's interest at that time that Decedent's children should not inherit any of his assets upon Decedent's death. 3 WHEREFORE, Petitioners request for Letters of Administration should be denied since their Petition and claims lack any merit. Respectfully submitted, BARIC SCHERER LLC Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Sylvia Bower 4 VERIFICATION The statements in the Answer to 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. Section 3137 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 falsifications to authorities. DATE: y is Bower 5 CERTIFICATE OF SERVICE I hereby certify that on April 13 , 2015, I, Andrea M. Ramos, secretary at Baric Scherer LLC, did serve a copy of the Answer to 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. Section 3137, by first class U.S. mail, postage prepaid, to the party listed below, as follows: William R. Church, Esquire Keefer, Wood, Allen & Rahal, LLP P.O. Box 11963 Harrisburg, Pennsylvania 17108 Andrea M. amos 6 LAST WILL CERTIFIED TO RE q TRUE & AND CORRECT COPY OF TESTAMENT THE ORIGINAL, I, 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. r '�B- 6-�- 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 7 remainder of my estate unto zwpekikh=and to Sylvia's children, BewER, RICHARD DAVIS, , DONALD DAVIS, R, living at the time of my death,per capita.. u 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 andd-appoin and RICHARD DAVIS as Co- Executors 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 he 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 Executor, in his 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. Exhibit A IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of two typewritten page this IC b day of 2008. 13 BENJAT41N B. BOWER 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. COMMONWEALTH OF PENNSYLVANIA . 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. r _ t BENJA B. BOWER Sworn or affirmed to and acknowledged before me, by BENJAMIN B. BOWER this , day of 2008. NVYPublic .^E:'+R,9lVJ€3s1°✓H��.'F'€-1 C°=ri::,-�i`i�aYL�/Ai�1li>, JOAN PiJbIR. COMMONWEALTH OF PENNS YL VANL4 :SS. COUNTY OF CUMBERLAND We, VV d W 1A ,A► P L--)Nt.A N and 1�—Aq-,n y 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 Last 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. 1 - Sworn or affirmed to and subscribed before me by 1M 11 A A Al A and witnesses, this day of P0-9;,zVAF-1 , 2008. Not Public 10A �_�.ni.�il:'ri�},%ta!y public Carlisle Boro.,Cu;i*e land Counfiy, kry Commission Expires Larch 7,2011