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Home My WebLink About05-11-15 REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2015 ESTATE OF MARY C. LEWIS PETITION FOR CITATION TO SHOW CAUSE C WHY A PHOTOCOPY OF THE WILL OF MARY C. LEWIS ;-- r" cry c� o DATED FEBRUARY 4, 2008 SHOULD NOT BE ADMITTED TO PROBATE The Petition of Shirley G. Herman respectfully states that: 1. Petitioner is the close friend of Mary C. Lewis ("Decedent"), who died on February 2, 2015 (see Item 4 of Mrs. Lewis' Certificate of Death which is attached hereto as Exhibit `A'). 2. Decedent's maintained her principal residence at 611 Park Avenue, New Cumberland Borough, Cumberland County, Pennsylvania 17070 (see Items 8a - 8e of Exhibit `A'). 3. Decedent's sole heirs are her two sons, Douglas B. Lewis and Robert D. Lewis. 4. The last known addresses for Douglas B. Lewis and Robert D. Lewis are: 321 Sharon Drive, New Cumberland, Pennsylvania 17070 and 308 North Street (P.O. Box 392), Lewisberry, Pennsylvania, 17339, respectively. 4. On February 4, 2008, Decedent executed her Last Will and Testament (the "Will"), a copy of which is attached hereto as Exhibit `B'. 5. The Will was prepared by George A. Michak, Esquire, and its execution witnessed by Megan C. Huff and Claude J. Lewis. 6. Decedent designated Petitioner as her original Personal Representative at Article Fifth of the Will. 7. On December 3, 2013, Decedent prepared a handwritten addendum to the Will. A copy of Decedent's holographic codicil is attached hereto as Exhibit `C'. 8. On or about April 6, 2015, a search of decedent's residence was made by Petitioner, but the original of the Will was not found. 9. The original Will cannot be produced for probate. WHEREFORE, Petitioner respectfully requests that a citation be awarded, directed to the Respondents, Douglas B. Lewis and Robert D. Lewis, to show cause why the photocopy of the Last Will and Testament of Mary C. Lewis, Deceased, signed February 4, 2008, should not be admitted to probate as if it were the original. ju, Shi ley G. Herman 1117-1 Columbus Avenue Lemoyne, PA 17043 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) AFFIDAVIT Shirley G. Herman, being duly sworn according to law, disposes and says that the facts set forth in the foregoing petition are true and correct to the best of my knowledge, information and belief. ShirleyA. Herman, Petitioner Sworn and subscribed to before me this 8th day of May, 2015. otary Public COMMONNIEAITM Of'PENNSM T 1 Ll L SCOTT M DINNER No"Pubue CAMP HILL 9080.CUMBERLAND COUNTY My CbMMft oe ExOhq'Nov 19.2018 VERIFICATION I, Shirley G. Herman, hereby verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Shirley G. Herman, Petitioner ? l "NAM lent Ub f I, MARY C. LEWIS, of 611 Pwk Avg, New Cumberland, County of Cumberland, Commonwealth of Pena yhmnia, -h pub .deep this tea=bee my Last Will and Testament and hereby revoke and annul all prior Wills and codicils heretofore made by me. first: I direct that all my just debts and funeral expenses be paid. This direction is not a reaffirmation of any debt and shall not parent.my Exwutor from contestMg any and all claims made against my estate on any factual and legal basis as my Executor may see fit. $►et : I give, devise, and bequeath all the rest,residue, and remainder of my Estate of whatever kind and description and wherever situated, in equal shares, to my children,DOUGLAS B. LEWIS and ROBERT D.LEWIS,per stupes b: All death taxes and interest and penalties thereon imposed upon my properly passing under my Last Will and.Testament,but not otherwise,shall be.comsidered=a part- of the expense of the administration of my Estate prior to distribution and shall be paid out of my residuary estate without apportionmentor fight of reimbursement. irauro: My Executor shall have the following powers,in addition to those vested in them by law and by other provisionsof my Last.Will and Teaan=4 mole to alb property held by them, including property held for minors, principal and income, and effecti-ve.wAmut.tlm ofan.Y oouaan&unt4 awn 'mefa9s property- A. To purchase a suitable grave marker, Page 1 of 4 B. To retain any real or personal property in the form received and to sell it at public or private sale,to exchange,or to lease for any period of time,any real or personal property,and to grant options for sales,exchanges,or leases; C. To manage real estate-, D. To purchase all fomis of property without being confined to so- called legal investments and without regard for the principle of diversification; and to hold investments unregistered or in the name of a nominee; E. To exercise any option or rights arising from ownership of investments; F. To compromise claims without Order of Court or consent of any beneficiary; G. To distributer wholly or in part, in cash or in kind at such valuations as they deem advisable; H. To make such elections under the tax laws applicable to my Estate as may be deemed expedient and desirable,and 1. To employ accountants,agents,investment counsel,brokers,banks or trust companies to perform services for and at the expense of my Estate and to carry or register investments in the name of the nominee of such agent, broker, bank or bug company. My Executor is expressly relived of any liability or responsibility whatsoever for any act or failure to act by, or for the following advice of, such accountants, agents, investment counsel,brokers,bank or trust company,so long as my Executor exercise due care in their selection. Any compensation paid pursuant to this shall not Page 2 of 4 affect in any manner the amount of at the r4ht of my Executor to receive COMMMU"as a fiduciary. I f0d): I nominate, constitute and appoint my friend, SHIRLEY G. HERMAN, Executor of this my Last Will and Testament. In the event my friend, SHIRLEY G. HERMAN, fails to qualify or ceases to act for any reason, or is unable or unwilling to serve as Executor, I then nominate, constitute and appoint my niece,DONNA MICHAK,to save as Executor in her place and stead. #PbO: I hereby direct that may Executor shaU not be wquh-ed to post swarity or bond in any jurisdiction. IN WITNESS WHEREOF,I have hereunto set my hand and seal this day of February,2008. tZdSEAL) Mary(C.Le SIGNED by Mary C. Lewis, Testator, as her Last Will and Testament, in our presence, who at her request, in ins/her preswce, and in the presence of each other have signed as witnesses.. Address2444Linjdeswwn Road,Suite 100 Harnsbu PA 17110 Address 2004.Linglestown Road Suite 100, Harrisburg„PA17110 Pa V 3 of4 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN WE, the undersigned, the Testator and the witnesses, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as her Last Will and Testament and that she had signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Last Will and Testament as witnesses and that to the best of his or her knowledge the Testator was at that time eighteen years of age or older,of sound mind and under not constraint or undue influence. r SEAL) Mary . L e. (SEAL) Megan C. H OW i (SEAL) Claude J.Lewis Subscribed, sworn to, and acknowledged before me by Mary C. Lewis, the Testator, and subscribed and sworn to before me by Megan C. Huff and Claude J. Lewis, witnesses,this day of February,2008. (SEAL) OTARY PUBLIC NOV&W SEX tiUl QWK4NNA 1WP. DAWN COUNT My ConnMaW Expkft Oct 26. 2010 Page 4 of 4 WARTC. LEWIS" AM TES` ,3ME9VT 'Xql�(Z)Of TEBRVART coos I, Mary C. Lewis, do solemnly swear, this day, Tuesday, December 3rd, 2013 bequeath my one third share of my home to Robert Darrell Lewis for payment of all expenses -- this includes all house hold expenses, charges, car, etc. My car is to go to Robert Darrell Lewis. All household items can be divided. M ry C ewis, Principal Date Witness; _ Shirlej G. Herman W1 ! G/C ►Z��rd iN�►��P �. �l�°fjr,cj h QW\ V �, ° )- COMMONWEALTH OF PENNSYLVANIA Notarial Seat Public J William D.Wierman,Notary New Cumberland Bo Vi Cumberland CAunty My commission Expires Sept•15,2016 MEMBER,PENNSYtVAN?A ASSOCIATION OF NOTARIES