HomeMy WebLinkAbout01-0085
,/
~'v\;
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
REV-1SOO EX +(6-00)
C"PB
HpRL
EplO
CR"C
KOTK
ES
o
E
C
E
o
E
N
T
COMMONWEALTH OF PENHSYL VANIA
DEPARTMENT OF REVENUE
DEPT. 2&0601
HARRISeURG, PA 17128-0601
DECEDENT'S NAME (LAST . FIRST, AND MIDDLE INITIAL)
Lebo Mar aret E.
DATE OF DEATH (M"-i-DO-YEAR)
llo - ~ D3 - I Lf
OFFICIAL USE ONLY
FILE NUMBER
21-01-085
COUNTY CODE YEAR
SOCIAL SECURITY NUMBER
174-05-2316
THIS RETURN ..ust BE AlEO IN DUPU~lEWl1H THE
NUMBER
REGISTER OF WILLS
SOCIAL SECU I ..,. NUM ER
o
o
3 date of death
. RemaInder Return prIor to 12-13-82)
5. F9deral Estate Tax Return Required
8. Total Number of Safe DeposIt Boxes
C P
o 0
R N
R 0
E E
S N
T
89,900.00
None
None
None
8,859.15
None
None
8,958.41
33,826.29
x
X
X
X
o 0
.045
.12
.15
NAME
Ro er B. Irwin Es .
FIRM N"'ME (If Applicable)
IRWIN McKNIGHT & HUGHES
TELEPHONE NUMBER
COMPLETE MAILING .ADDRESS
60 West Pomfret Street
West Pomfret Professional Bldg.
Carlisle, PA 17013
1. Real Estale (Sehedule ,,)
2. Sloeks and Bonds (Sehedule B)
3. Closely Held Corporation, Partnership or
Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Sehedule E)
6. Jointly Owned Property (Sehedule F)
o Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
8. Total Gross ....sels (tolal Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts 01 Deeedent. Mortgage Liabilnies, & Lierts (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
12. Net Value 01 Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Sehedule J)
14. Net Value Sub'eel 10 Tax (Line 12 minus Line 13)
Copyright (c) '2000 form software only The Lackner Group, Inc.
(IF APPl.ICA l
X 1. Original Returl'\
4. limited Estate
X 6. Decedent Died Testate
(Attach copy of Will)
o 9. litigation Proceeds Received
2. Supplemental Return
4a. Future Interest Compromise (date of death after 12-12-82)
7. Decedent Maintained a L.lving Trust
(Attach copy of Trust)
010. SpausalPo~Ctedl1
(da1e of dNthbetween 12-31-91 end 1-1-95)
(1)
(2)
(3)
OFFtCIAL USEOHl Y
(8) 98,759.15
(11) 42,784.70
(12) 55,974.45
(13)
(14) 55,974.45
(15)
(16)
(17)
(18)
(19)
0.00
2,518.85
0.00
0.00
2,518.85
R
E
C
"
P
I
T
U
L
"
T
I
o
N
(4)
(5)
(6)
C
o
M
T ~
" T
X "
T
I
o
N
SEE INSTRUCTIONS ON REVERSE SIDE FOR "PPLIC"BLE R" TES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116(aX1.2l
16. Amount of Line 14 taxable at lineal rate
17. Amount of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
19. Tax Due
20.
55,974.45
FormREV-l500 EX (Rev. 6-00)
Decedent's Complete Address:
STREET ADDRESS
49 Lebo Road
CITY r STATE ., ZIP
Carlisle PA 17013
Tax Payments and Credits:
,. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(I)
2,518.85
Total Credits ( A +8 +C) (2)
0.00
3. Interest/Penalty if applicable
D. Interest
E. Penalty
TotallnterestlPenalty ( D + E) (3)
4. If line 2 is greater than line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page' Line 20 to request a refund (4)
5. If Line 1 + line 3 IS greater than line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (SA)
8. Enter the total of Line S + SA. This is the 8ALANCE DUE. (58)
. Make Check Payable to: . REGISTER OF WILLS, AGENT
:'::::[Ii:[:::::: :l\\\m1\m1::\i~!!: .'1" , (i~::i:;;~:i:!::!:!!!!!!::!1!\ljmmmmml1l]1!11111!!:ili!i!!!immml!!lllll!\I\\\\H[i[ii!il!!!lii\l!lll!li!i!!11mmm:::::!~::(j.:;:~:._.,. ,~.
,...' .i!iiliiilit\!\[iii[ _1jWmfi[f[i1!,:~:;::,i!::!!:!:!i!!!!!ij!\t~\~i::::. ::'::;::;:i:!:!:!ii!ii[!i;~ii:i::':;':':'::': ,_ .' _ ._ .
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ~ ~i
b. retain the right to designate who shall use the property transferred or its income; .
c. retain a reversionary interest; or. . .
d. receive the promise for life of either payments, benefits or care? . .
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .
3. Did decedent own an "in trust for" or payable upon death bank account or security at his
or her death?
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property
Which contains a beneficiary designation?
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
0.00
0.00
2,518.85
0.00
2,518.85
D
D
D
[B
[B
[B
Under penaltIes of perJUI)', I declare thai J have examined this return, Including accompanying schedules and statements. and to the best of my knowledge and belief, it Is true,
correct and complete. Declaration of preparer other than the personal representative is based on all Information of which preparer has any knowledge.
SIGNATURE OF PERSON ~ESPONSIBlE FOR FILING RETURN
lit..
f! uW
Mary E. Wert
41 Lebo Road
- - - - - ~ - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Carlisle, PA 17013
IRWIN McKNIGHT & HUGHES
60 West Pomfret Street
-----------------------------------------------------
Carlisle, PA 17013
DATE
f-/p-()/
SIGNATURE OF PREPARER
ER THAN REPRESENTATIVE
DATE
For dates of death on r July 1,1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is 3% [72 P.S. 9116 (a)(1.1) (ill.
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. 9116 (a) (1.1) (iil]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets
and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates at death on or aher July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural
parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. 9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 9116(1.2)
[72 P.S. 9116(.X1I].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 120/" [72 P.S. 9116(aX1.3)}. A sibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
Copyright (c) 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00)
AEV.15bz EX ... (1.97)
SCHEDULE A
COMMONWEALTH OF PENNSYLVANIA REAL ESTATE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Margaret E. Lebo ssg 174-05-2316 12/22/2000 21-01-085
An real property owned solely or as I tenant in cammon must be reported at fair market value. Fair market value is defined as the price
at which property would be exchanged between a willing buyer and a willing seller. neither being compelled to buy or sell. both having reasonable
knowledge of the relevant facts. Real proDerty which is iointly-owned with riaht of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
DESCRIPTION
NUMBER OF DEATH
1 49 Lebo Road, Penn Township, Cumberland County - Agmt. of Sale 89,900.00
attached
TOTAL (Also enle, on line 1. Recap~ulallon) S 89 900.00
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1502 EX (Rev. 1-97)
REV-15'oS EX +(1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Margaret E. Lebo SS# 174-05-2316 12/22/2000 21-01-085
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disClosed on Schedule F.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ITEM
NUMBER DESCRIPTION
1 Orrstown Bank, checking account
VALUE AT DATE
OF DEATH
2,101.40
2 Public Sale Proceeds
6,757.75
TOTAL (Also enler on line 5. Recap~ulalion) $ 8,859.15
(If more space is needed, insen additional sheets of the same size)
CopyrIght (c) 1996 form software only CPSystems, Inc. Form REV-1508 EX (Rev. 1-97)
REV-1S'11 EX. (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCET/J;X RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF
Margaret E. Lebo
SSfI 174-05-2316
12/22/2000
FILE NUMBER
21-01-085
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1 Hoffman-Roth Funeral Home 182.50
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number{s) / EIN Number of Personal Representative(s)
Street Address
City State Zip
-
Year{s) Commission Paid:
2. Attorney's Fees IRWIN McKNIGHT & HUGHES 4,900.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City State Zip
-
Relationship of Claimant to Decedent
4. Probate Fees Register of Wills 217.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs
1 Cumberland Law Journal - estate notice publication 75.00
2 Kevin Wickard Auctioneer - commission 2,325.80
3 Recorder of Deeds, 1% transfer tax 899.00
4 Register of Wills - filing fee 25.00
5 Steven W. Barrett Real Estate 250.00
6 The Sentinel, Legal - estate notice publication 84.11
TOTAL (Also enter on line 9, Recapitulation) $ 8,958.41
(If more space is needed, insert additional sheets 01 the same 5\ze)
Copyright (e) 1996 form software only CPSystems, Inc.
Form REV-1511 EX (Rev. 1-97)
REV~15t2 EX 4-(1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Mar~aret E. Lebo
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, AND LIENS
5511 174-05-2316
12/22/2000
FILE NUMBER
21-01-085
Include unreimbursed medical eX1)enses.
ITEM
NUMBER
1 Adams Water
DESCRIPTION
AMOUNT
599.00
2
Comm. of PA, Department of Public Welfare - restitution
32,156.90
3
Hilton's Lock Service
52.75
4
Jones Plumbing Service
121. 75
5
PP&L
223.48
6
Sprint Telephone
82.85
7
Swaim Health Center
589.56
TOTAL (Also enter on line 10. Recap~ulation) S 33,826.29
(If more space IS needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1512 EX (Rev_ 1-97)
REV-'1513 EX + (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE T.x RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE J
BENEFICIARIES
Margaret E. Lebo
SS{! 174-05-2316
12/22/2000
FILE NUMBER
21-01-085
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
Do Not List T..steels) OF ESTATE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERlY
1. TAXABLE DISTRIBUTIONS (Include outtlghtspousaldlstr\but\ons. and
transfers under Sl!C. 9116(aX1.Z11
1
Anna L. Group
23 Church Road
Carlisle, PA 17013
Daughter
30% of
remainder
2
Paul E. Group
23 Church Road
Carlisle, PA 17013
Son- in-Law
10% of
remainder
3
Clyde R. Lebo
47 Lebo Road
Carlisle, PA 17013
Son
20% of
remainder
4
Son- in-Law
10% of
remainder
Larry E. Wert
41 Lebo Road
Carlisle, PA 17013
5
Daughter
30% of
remainder
Mary E. Wert
41 Lebo Road
Carlisle, PA 17013
ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18, AS APPROPRIATE, ON REV 1500 COVER SHEET
II. NON-TAXABLE DISTRIBUTIONS,
A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
0.00
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET S
(If more space is needed, insert additional sheets of the same sIze)
Copyright lc) 2000 farm software only The Lackner Group. Inc.
Form REV-1513 EX (Rev. 9~OO)
LAST WILL AND TESTAMENT
I, MARGARET E. LEBO, of Penn Township, Cumberland County, Pennsylvania,
declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils
heretofore made by me.
1. I direct my executrix to pay all of my debts, funeral and administrative expenses as
soon as may be done conveniently after my decease.
2. I authorize and empower my executrix to sell any realty owned by me at my death and
not specifically devised herein, at either public or private sale, and to give good and sufficient
deeds therefor, in fee simple, as I could do if living.
3. I give, devise and bequeath all of my estate of every nature and wherever situate as
follows:
(a) 30% thereof to Anna 1. Group,
(b) 10% thereof to Paul E. Group,
(c) 30% thereof to Mary E. Wert,
(d) 10% thereof to Larry E. Wert, and
(e) 20% thereof to Clyde R. Lebo
4. I nominate and appoint Mary E. Wert to be the executrix of this my Last Will and
Testament; she is to serve as such without bond. Should she die before my death, renounce or
refuse to serve for any reason, or die leaving any of my estate unadministered, I nominate and
appoint Anna 1. Group, as substitute executrix, also to serve as such without bond, with the same
powers as are given herein to my executrix.
5. I hercby suggest that my personal representatives retain the services of Irwin.
McKnight, & Hughes, as attorneys in the settlement of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7TH day of July,
1997.
1[0:'
;J." .
Jh (V.<".'h-r/'-<--.J- L-'. (SEAL)
M~GARET E. LEBO
Signed, sealed, published and declared by MARGARET E. LEBO, the testatrix above
named, as and for her Last Will and Testament, in the presence of us, who at her request, in her
presence and in the presence of each other have subscribed our names as witnesses hereto.
~~$~
~~.cL'~
2
ACKNOWLEDGMENT AND AFFIDAVIT
WE, MARGARET E. LEBO, CHERYL L. CLELAND and MARTHA L. NOEL,
the testatrix and witnesses respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed
and executed the instrument as her Last Will and that she had signed willingly, and that she
executed it as her free and voluntary act for the purpose herein expressed, and that each of the
witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the
best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound
mind and under no constraint or undue influence.
)n 6V~' ~ r:' ,12i~
RGARET E. LE~
r%J// efj 4
ERYL L. CLELAND
~~~~
MARTHA L. NOEL .
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by, MARGARET E. LEBO, the
testatrix herein and subscribed and sworn to befo~c me by CHERYL L. CLELAND and
MARTHA L. NOEL, witnesses, this 7TH day of July, 1997.
//
~.~.
Notarial Seal
Roger B. Irwin, Notary Public
Carlisle Bora. Cumberland County
My Commission Expires Oct. 3, 2000
Member, Penn,ylvant" A,Stotiation of Notaries
Law OJ)7ces
IRWIN.l"lcKNIGHT & HUGHES
60 West Pomfret Street, Carlisle. Penm.ylvania 17013-3!2J
THIS AGREEMENT is entered into this
~
~
Jay of June. 2001, by and betv,:cen :\JARY E. \\'ERT.
EXECUTRIX OF THE ESTATE OF MARGARET E. LEBO. hereinatier called SELLER. A:'ID MICHAEL W.
STITZEL and JULIA A. STITZEL, his wife. hereinatier called PURCHASER.
IT IS l\fUTUALL Y AGREED AS FOLLOWS:
I. The SELLER agrees to sell, grant and convey to the PURCHASER. and the PVRCHASER agrees to purchase
and accept the conveyance of the following described real estate situate in Penn Township, Cumberland County, Pennsylvania.
bounded and described as follows:
BEING the 4.353 acres, as shown on the attached Boundary Description by John K. Bixler, III. Suneyor
with house, barn, milk house and other improvements and being the remaining part of Cumberland County
Deed Book "H", Volume 18, Page 520.
SUBJECT to the unrecorded Agreement with Clyde R. Lebo, dated October 29.1981 and also attached.
2. The PURCHASER agrees to pay the sum of S89,900.00 to SELLER payable as follows: 52.500.00 on the
signing of this agreement receipt of which is hereby acknowledged; and 587,400.00 the balance of the purchase price. on the
delivery of the deed to said property to said PURCHASER. Settlement to be at the oftlce of Irwin. ;\'1cKnight & Hughes, 60
West Pomfret Street, Carlisle, Pennsylvania 17013~3222.
3. The settlement shall be made on or before September 1, 2001! which time shall be of the essence, at which time of
settlement the SELLER shall tender to the PURCHASER a properly drmvn and executed deed of special warranty, conveying
to the PURCHASER a good and marketable title in fee simple, clear of all encumbrances. except easements or building and use
restrictions, visible or of record, and shall deliver possession to the PURCHASER and the PURCHASER shall pay the balance
of the purchase price in cash.
4. All taxes for the current year shall be prorated to date of settlement, County and Borough or Township taxes on a
January 1 st to December 31 st year basis and the School tax on a July 1 st to June 30th :year basis. Pennsylvania Realty Transfer
tax and any other sale or transfer ta'\cs are to be paid equally by SELLER and Pl:RCHASER.
5. The SELLER agrees to transfer titlc to the PURCHASER to all plumbing. heating and lighting tixrures.
6. The SELLER agrees that the property shall remain in substanti:.l.lly its present condition until date of settlement.
reasonable wear and tear expected, and if it is not. the PURCHASER may rescind this contract.
7. Thc PURCHASER hereby wnives the formal tender of the deed if the purchase price is not paid as agreed upon
nbovc.
S. This Ag.reement is contingent upon PURCHASER securing a Clmycntional Loan \n the amount of$75,OOO.On.
9. This property is being sold in ....AS lS" condition.
I O. Should the PCRCHASER fail to make settlement as hereinbefore provided, the amount paid dov./fl ns hand
money, to \vit S2,500.00 may he retained by the SELLER as liquidated damages. Should the SELLER fail or refuse to
convey as hereinbefore provided, the PURCHASER may require the return of the hand money paid and reasonable title
examination expenses incurred by the PURCHASER.
l \. For the performance of this agreement, the parties bind themselves, their heirs, persona) representatives. successors
and assigns, as witness their hand and seals the day and year first \vritten above.
WIT'iESSED BY:
SELLER:
ESTATE OF MARGARET E. LEBO
~ 1 ' "
.. 1'0, ';'.;0 I 1"-,(
V .''<A,,, ,-:;/ V;'/,c.,::oaLfJ1-
BY:
,/2~ . ~ .!duz:
MARY ~ERT, EXECUTRIX
(SEAL)
PURCHASER:
rY) C) QJ~~~SEAL)
MICHAEL . STITZEL
(SEAL)
/
,
/
2
JOHN K. BIXLER III
PROFESSIONAL LAND SURVEYING SERVICES, P.C.
-
15 STArE AVENUE, SUITE 203 CARLISLE, PA 17013
(717) 258.5584 FAX (717) 258.495]
Estate of Paul E. Lebo
Boundary Description
Beginning at a point, said point being located in Lebo Road, T-360 at the common property
comer ofland of the Estate of Paul E. Lebo and land ofN/F Clyde R. Lebo; thence along land of
N/F Clyde E. Lebo, South 58 degrees 35 minutes 05 seconds East, a distance of2] 7.00 feet to a
point; thence continuing along land ofN/F Clyde E. Lebo and land N/F Paul E. Group, North 3]
degrees 24 minutes 55 seconds East, a distance of 409.63 feet to an existing iron pin at the
common property comer ofland of Larry E. Wert and the land being described herein; thence
along land of Larry E. Wert, South 35 degrees 25 minutes ]8 seconds East, a distance of527.70
feet to a point on the property line of Lot Number 22 ofthe Maple Grove, Phase 2 residential
development; thence along Lot Number 22, Lot Number 23 and a portion of Lot Number 24 of
said residential development, South 87 degrees 09 minutes 55 seconds West, a distance of 427.65
feet to an existing iron pipe; thence continuing along Lot Number 24 of said residential
development, South 67 degrees 44 minutes 49 seconds West, a distance of ]07.61 feet to an
existing angle iron; thence continuing along Lot Number 24 of the Maple Grove, Phase 2
residential development and Lot Numbers 2 and] of the Maple Grove, Phase] residential
development, South 80 degrees 40 minutes 44 seconds West, a distance of3] 8.88 feet to a point
in Lebo Road, T -360; thence in and through Lebo Road, T -360, North 19 degrees 41 minutes 05
seconds East, a distance of] 71.69 feet to a point; thence continuing in and through Lebo Road,
T-360, North 27 degrees 58 minutes 05 seconds East, a distance of 139.60 feet to a point; thence
continuing in and through Lebo Road, T-360, North 3] degrees 24 minutes 55 seconds East, a
distance of25.96 feet to the point of beginning.
Containing 4.353 acres.
~
ORRSTOWN
BANK
TO Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013-3222
FROM: ORRSTOWN BANK
PO. BOX 250
SHIPPENSBURG PA 17257-0250
RE:
ESTATE OF Man=1aret E. Lebo
DECEASED
DATE OF DEATH: December 22.2000
IT IS HEREBY CERTIFIED THAT THE ABOVE NAMED DECEDENT HAD. ON THE ABOVE DATE. THE
FOLLOWING ACCOUNTS WITH ORRSTOWN BANK
(1) CHECKING ACCOUNTS
DATE OF DEATH
ACCOUNT NO. TITLE OF ACCOUNT DATE OPENED PRINCIPLE & ACCRUED INTEREST
406783 Margaret E. lebo 07-11-95 2.101 AO 54
(2) SAVINGS ACCOUNTS
DATE OF DEATH
ACCOUNT NO. TITLE OF ACCOUNT DATE OPENED PRINCIPLE & ACCRUED INTEREST
(3) CERTIFICATES OF DEPOSIT
DATE OF DEATH
ACCOUNT NO. TITLE OF ACCOUNT DATE OPENED PRINCIPLE & ACCRUED INTEREST
Date: 01-10-01
By:
Wendy Bullock
PO Box 250 . 5hippensburg, PA 17257 . (717) 532-6114 . (717) 532-4143 Fax. www.orrstown.com
*'
COMMONWEALTH OF PENNSYLVANIA
DePARTMENT OF PUBLIC WELFARE
BUAEAU OF FINANCIAL OPERATiONS
ESTATE RECOVERY PROGRAM
PO BOX 8486
HARRISBURG, PA 17105.8486
January 30, 2001
IRWIN MCKNIGHT & HUGHES
ROGER B IRWIN ESQUIRE
WEST POMFRET PROF BLDG
600 WEST POMFRET STREET
CARLISLE FA 17013-3222
Re: MARGARET LEBO
CIS #: 780147930
Co/Rec: 21/0087524
Date of Birth: 06/15/1914
SSN: 174-05-2316
Dear Mr. Irwin:
please be advised that the Department of Public Welfare maintains a
claim in the amount of 532.156.90 against the above-mentioned estate. This
claim is for restitution of medical assistance granted on behalf of the
decedent for which the Probate Estate is now responsible to reimburse the
Department according to Act 49, 62 P.S. 1412, effective August 15, 1994, as
amended by Act 20-95, effective June 30, 1995. Enclosed is the Department's
itemized statement of claim.
A portion of this medical expense, namely 518.598.84 was incurred during
the last six months of the decedent's life; therefore, it is a Class 3 claim
pursuant to Section 3392 of the Decedents, Estates, and Fiduciaries Code, 20
Pa. C.S.A. 3392(3). The balance of the claim, namely S13.558.06 is to be
entered as a priority Class 6 claim against the estate.
Please acknowledge receipt of this letter and advise whether the
Commonwealth's claim is admitted and when payment may be expected. If the
estate accounting is complete, please provide a copy. if the estate contains
real estate, please provide copies of the deed and the latest tax assessment.
Sincerely,
~a,}rd
Debra A. Wiest
TPL Program Investigator
717-772-6713
717-772-6553 FAX
Enclosure
PETITION FOR PROBATE & GRANT OF LETTERS
Estate of MARGARET E. lEBO
also known as
No.
21-01- K'~
To: Register of Wi/ls for the
County of Cumberland
Commonwealth of Pennsylvania
. deceased.
Social Security No.
174-05-2316
The Petition of the undersigned respectfully represents that:
Your Petitioners, who is/are 18 years of age or older and the Executrix named in the Last Will of the
above decedent dated Julv 7 ,1997, and codicils dated none. 19----:. Renunciations for
none are attached hereto.
Decedent was domiciled at death in Cumberland County. Pennsylvania, with his last family or principal
residence at 49 lebo Road. Carlisle. Penn Township
Decedent, then ~ years of age, died December 22 . 2000, at
Green Ridoe Villaoe. Newville. PA
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in PA
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania, situated as follows:
49 lebo Road. Carlisle. Penn Township
$7.000.00
$
$
$90,000.00
WHEREFORE, Petitioners respectfully requests the probate of the last Will and COdicil(s) presented
herewith and the grant of letters testamentary thereon.
Signature(s) and Residence(s) of Petitioner(s):
J/~ e It~
Mary E. Wert
41 Lebo Road
Carlisle, PA 17013
717-249-4667
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal representative of
the above decedent, petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this / J' at.- day of
Januarv. 2001.
~ty(? ~ ~.e:a.~.~~trh
C; Re Isler 3.
'7J~/ ~ .!&.d
{I
Marv E. Wert
J(P- ,~Q 3 -/ Y
No. 21-01- 85
Estate of MARGARET E. LEBO , deceased.
DECREE OF PROBATE & GRANT OF LETTERS
AND NOW, January 19th , 2001, in consideration of the Petition on the reverse
side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated
Julv 7, 1997 described therein be admitted to probate and filed of record as the Last Will of
Marqaret E. Lebo ; and Letters Testamentary are hereby
granted to Mary E. Wert
~(JI!. ~u~~, (/./1. ~/~j;/UJ/ ~~
egister of Wills
FEES
Probate, Letters, Etc. . . . . . . . $ 200.00
Short Certificates(-2-) . . . . . . . $6.00
Renunciation(s) ........... $
JCP . . . . . . . . . . . . . . . . . . . . $ 5.00
Other Will Paqes (-2-) .... $ 6.00
TOTAL: .... $ 217.00
Filed........................... .
60 West Pomfret St.. Carlisle, PA 17013
ADDRESS
717-249-2353
PHONE
CALLED ATTORNEY JANUARY 19, 2001
HI05.805 REV 9/86 21-01-85
This is to certify that the information here given is correctly copied fro~ an original certificate of death dul~ filed with me as
Local Registrar. The original certificate will be forwarded to the State VItal Records Office for permanent filmg.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
~~.~~~~
Local Registrar
Fee for this certificate, $2.00
p
6960382
DEe 2 6 2000
Date
Hl0S.i.&,JRIN VB7
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
NT
NT
"
NAME OF DECEDENT !~"Sl_ MtdcJ.. :"_1
1.
SEX
.. Female
STATE FilE NUMBER
SOCIAL SECURITY NUMBER
d/
3.
174
05
DAlE OF DEATH ,Mcl'IItI. Oa.,. ......)
.. December 22, 2000
AGE(lall8ortf\day)
UN R 1 YEAR
........ 00,.
8lRTHP\.ACE ;C.ry and
SUile or F Cle.on COlJn,,'f)
86
v...
::.v, 0
..
COUNTY OF OE.crH
Cumberland
RACE. Amencan Indian, BeKk. Whit.. Me.
(_. White
".
...
118. State
PA
MARITAL STATUS. w.m.d
N.......Mam.d. ~.
OivotC<<t(Spec'Y)
Widowed
Penn
SURYMNG SPOUSE
1ft.."... QI\Ie ~ namfll
DECEDENT'S USUAL OCCuPIVION
(~-:.~.~~~:r
,,,,.
l>d
--
~in.
Cumberland _1 "..0 ::..."':"..'::..
MOTHER'S NAME iF.,t MddIe. Malden Surname)
It. Anna Ma Mell
INFORMANT'S MAIUNG ADDRESS (Str.... CiyITown, S&8Ie, Z'1p Codel
~. 23 Church Road, Carlisle, Pa. 17013
PlACE OF OISPOSfTK)N. H..... of c.m.tery. CremalOty LOCATtON. c~. Stale. rip Code
01 OINt' Piace
_.
_.
27, 2000
PART H: 0ItIlIt sig'\iftcant c:oncMioN conIribuiling to death. but
noI """inQ in tM UftdrIffying alUM giwen in PA.RT 1.
l:
WERE AUlOPSY FINOtNGS MANNER OF OEATH
A\oWl..A8LE PRIlOfII1O
COMP\.E1lON OF CAuSE
OF OERH1 Nahnl
DUE 10 lOR AS A CQNSEOUENCE Ofj'
_0
-
No (ZV'" ........
~ HomiCide 0
0 PendinvlrwntigatiOn 0
0 Coutd not: be'defennmed 0
DATE OF INJURY
(Monlh. 08y, 'lUr)
TIME OF INJURY
INJURY IiI WORK' DESCRIBE HOW IN,NRY OCCURRED.
... 0 NoD
.... .....
CERTIFlEA IC~ec:k onr, one)
.CEA'TlFYING PHYSH:IAH I,Ph'f$IC1aO CiMIiylng cause d dNth """8l' anoll"er pl'\vSICoan has pl'OOOUnced dealh ana completed nem 23)
To thrt Mst 0' "'y know'-<<fge,.emocculTed dueto....c.UM(.)and m."M' as stated..... ...................... ......"'........-
20.
- -
PlACE OF INJURY. AI hOme, farm, ~,",.lactory, otftce
buidIng, MC. ISpec.....)
300.
...
.,.EDICAL EXAMINER/CORONER
On the b..I. of ..aminatlon and1orlnvestlga1ion, In my opinion, d..th oeeurred .t Ihe time, date, and plaee. and due to the eause(s) .nd
"'.nnet..st.ted.... .....",. '....,..,......,. .... .., .... ...... .... '" .....
31..
REGISTRAR'S SIGNATURE AND
~. ~eu-~
IHJ \ I~ \ 101
o
/11 ? 7 l <r/
.I'AONOUNCING AND CEATIFYING PHYSICIAN IPhysc...., DOlf1 ;JfO/"OUOCll"O death and Cet1"Y"'9 to cause 01 oeattll
To the best of my know1edgtt. death occu'rH at the time, date, and place, and due to the cauM(s) and mann., as slated
,..
21-01-85
LAST WILL AND TESTAMENT
I, MARGARET E. LEBO, of Penn Township, Cumberland County, Pennsylvania,
declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils
heretofore made by me.
1. I direct my executrix to pay all of my debts, funeral and administrative expenses as
soon as may be done conveniently after my decease.
2. I authorize and empower my executrix to sell any realty owned by me at my death and
not specifically devised herein, at either public or private sale, and to give good and sufficient
deeds therefor, in fee simple, as I could do if living.
3. I give, devise and bequeath all of my estate of every nature and wherever situate as
follows:
(a) 30% thereof to Anna L. Group,
(b) 10% thereof to Paul E. Group,
(c) 30% thereof to Mary E. Wert,
(d) 10% thereofto Larry E. Wert, and
(e) 20% thereof to Clyde R. Lebo
4. I nominate and appoint Mary E. Wert to be the executrix of this my Last Will and
Testament; she is to serve as such without bond. Should she die before my death, renounce or
refuse to serve for any reason, or die leaving any of my estate unadministered, I nominate and
appoint Anna L. Group, as substitute executrix, also to serve as such without bond, with the same
powers as are given herein to my executrix.
5. I hereby suggest that my personal representatives retain the servIces of Irwin,
McKnight, & Hughes, as attorneys in the settlement of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7TH day of July,
1997.
p 9~'
Jl~ -'
lJLCi-4~ c-'. (SEAL)
M~GARET E. LEBO
Signed, sealed, published and declared by MARGARET E. LEBO, the testatrix above
named, as and for her Last Will and Testament, in the presence of us, who at her request, in her
presence and in the presence of each other have subscribed our names as witnesses hereto.
~af~
'2{~cl~
2
ACKNOWLEDGMENT AND AFFIDA VIT
WE, MARGARET E. LEBO, CHERYL L. CLELAND and MARTHA L. NOEL,
the testatrix and witnesses respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed
~md executed the instrument as her Last Will and that she had signed willingly, and that she
executed it as her free and voluntary act for the purpose herein expressed, and that each of the
witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the
best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound
mind and under no constraint or undue influence.
Jn~,A'- ~ ~
~~/~
ERYL L. CLELAND
~tDN4~~
MARTHA L. NOEL
COMMONWEAL TH OF PENNSYL VANIA
SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by, MARGARET E. LEBO, the
testatrix herein and subscribed and sworn to before me by CHERYL L. CLELAND and
MARTHA L. NOEL, witnesses, this 7TH day of July, 1997.
/
//
(
s.~.
bUe
Notarial Seal
Roger 8. Irwin, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Oct. 3, 2000
Member. P!!nnSylvlniA Association of Notaries
G
IN RE: ESTATE OF
MARGARET E. LEBO,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2001-085
DECREE NISI
AND NOW, this 19th day of April, 2002, we find
that the testatrix, Margaret E. Lebo, deceased, had testamentary
capacity at the time she executed the will dated July 7, 1997.
Therefore, the appeal from the decree of the Register of Wills
admitting said will into probate is dismissed.
Paul B. Orr, Esquire
Attorney for Petitioner
Douglas G. Miller, Esquire
Attorney for Respondent
srs
.--
C'I.'.'"
Cr"1
0J
'.-........}
p
-'
r '.
~
IN RE: EST A TE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
AFFIDAVIT OF SERVICE
I, April L. Deatrick, hereby certifY that I served a subpoena upon the following person at
the following address on April 12, 2002, by hand delivering it to the address set forth below.
Kenneth R. Guistwite, M.D.
Guistwite Family Practice
522 South Pitt Street
Carlisle, P A 17013
Date:~ \ 12 Q 002
kdLW
COMMONWEALTH OF PENNSYLVANIA
)
: SS.
)
COUNTY OF CUMBERLAND
ON THIS, the 1 a-f h..- day of April, 2002, before me, the undersigned officer,
personally appeared April L. Deatrick, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that they executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~
(SEAL)
Notarial Seal
Heather L. Smith, Notary Public
Carlisle Bora, Cumberland County
My Commission Expires Apr. 7,2003
Member, Pennsylvania ASSOCiation 01 Notanes
~ PETITIONER'S
J EXHIBIT
, I
i ~-I'1 ~a '- SI'l ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RE: ESTATE OF MARGARET E.
BO,DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
SUBPOENA
Kenneth R. Guistwite, M.D.
Guistwite Family Pl'3ctice
522 South Pitt Street
Carlisle, PA 17013
1. You are ordered by the court to come to Courtroom Five of the Cumberland County
W1ho~ at Carlisle, Cumberland County, Pennsylvania, on April 19, 2002 at 8:30 a.m., to testify in
',. ~ Mar~t E. Lebo on behalf of Clyde Lebo, Petitioner in the above case, and to remain until
',."~~'
:_'~~;
:-)li~
Ifyo\J fail to attend or to produce the documents or things required by this subpoena, you may be
~~t to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Court Procedure,
clu9ing bQt'not limited to costs, attorney fees and imprisonment.
, '
.\;\Jklq~ted bya party/attorney in compliance with Pa. R.C.P. no. 234.2(a):
""'/,r,:'~--" - '" '
(~~'8f1(lford Orr, Esquire
,';;;jO ~.f[ighStreet
, ' isle, PA 17013
~7}258-B558
,~CoW1 ID # 71786
BY THE COURT,
Seal of the Court
v
ti:)fFIGJAl,. NQTE: This fonn of subpoena shall be used whenever a subpoena is issuable, including
. . ~ iQ. cq,mection with depositions and before arbitrators, masters, commissioners, etc. in:
'.. ~ with Pa. R.C.P.No. 234.1 If a subpoena for production of documents, records or things is
':,~iJW,'complete paragraph 2.
~;. -I. ,', . ',' ~. ".
~ ':~}
APR-18-2002 THU 04: 11 PM 8MC INTERNAL MEDICINE
FAX NO. 7172437225
P. 01
-.....~.~
'-~
CURRICULUM VITAE
.JOHN CRAIG JVRGENSEN1 M.D.
DA TE OF BIRTH:
June 16,1940
PLACE or BIRTH:
Trenton, New Jersey
MARITAL STATUS:
Married in 1964; Three children
HOMF. ADDRESS:
619 Sherwood Drive
Carlisle, PA 17013
EDUCAT'lON:
l1NIV.ERSITY
Rutgers University
New Bruns\\'ick, New Jersey
Graduated June J 962: RA. Biological Science
GRADUATE
New Yor'k Medical College
New York City, New York
Graduated June 1966; M.D.
CLINICAL TRAL~INl-;:
INTF:RNSHIP
Henry Ford Hospital
Detroit, Michigan
Mixed Internship, June 1967
RESIDENCY
Hemy Ford Hospital
Internal Medicine, 1967-1970
RKSlDENCY
Penns)"lvania State Un.iversity
Hershey Medica] Cemer. Hershey, P A
Neurology. 1979-1982
BO,~RD CERTIFICATION:
American Board of Internal Medicine
June 1972 (#33476\
American Board oCPsycmatry and Neurolugy
Novemher 1983 (#25445)
MILITARY DlJTY:
u.s. Army, Major
11 th Evac. Hospital, Pusan, Korea, ] 970-1971
Madigan General Hospital. Tacoma, W A, 1971-1972
ACADEMIC APPOINTMENT:
Elizabethtown College, 1980-1983
Adjunct Faculty, Occupational Therapy
_ PETITIONER'S
i E~T
I L{ -let -11'-
"bIZ C
APR-18-2002 THU 04: 12 PM BMC INTERNAL MEDICINE
FAX NO, 7172437225
p, 02
--~
-.
MEDICAL PRACTICE:
Carlisle Hospital
Carlisle, P A 17013
Active Staff, July 1972 to Presont
Belvedere Medical Corporation
Partnership, Medicine/Neurology
SPECIALTY COURSES:
General Neurology
Harvard Medical School (March 1975)
Electromyography
Ohio State Umvecsity (April 1974)
Neuropathology
Armed Forces Institute of Pathology (January 1982)
Child Neurology
Harvard Medical School (October 1982)
Sleep Network, Inc. -- Affiliation
Tol~do, Ohio (April 1994 to Present)
Diagnosis of Sleep Disorders
Harvard Medical School (November 16~ 17, 1996)
Diagnosis of Sleep Disorders
Harvard Medical School (Ol:l31 ~Nov l, 1997)
Diagnosis of Sleep Dif\orders
Board Preparation
Stanford University Sleep Center
(September 13-19,1998)
National Sleep Medicine Course
(August 7.11. 1999)
COMMITTEE APPOINTMENTS:
Department of Medicine, Carlisle Hospital
Chairman ] 982- 1 984
Medical Records Committee
Chairman 1990-1993
DEP ARTMENT I>lRI<-:CTOR:
Neurophysiology ~ from 1982 to Present
Electromyography, Nerve C{mductions
Electroencephalography, Pol ysonmography
LICENSURE:
Pennsylvania 13784E
BELVEDERE MEDICAL CORPORATION
850 WALNUT BOTTOM ROAD
CARLISLE. PA 17013
Internal Medicine
J. CRAIG JURGENSEN, M.D.. NEUROLOGY
STEVEN L. HATLEBERG, M.D.
DAVID P. ALBRIGHT, M.D.
Consultant
JOSEPH E. GREEN, III, M.D.
May 19, 1997
,..
Kenneth R. Guistwite, M.D.
522 South Pitt Street
Carlisle, PA 17013
RE: Margaret E. Lebo
OOB: 6/15/14
Dear Ken,
I examined Margaret today in regard to her mental status. Her sister
escorted her today to the office. She describes frequent episodes of delusional
thinking over the past six rronths. Margaret occasionally reports "men in the
bathroan, and they won't leave". She has also had thoughts that "people out
there are doing sanething". In addition though, she has had steady
deterioration in mem:n:y over the past year. Her sister reports that she is
unable to recall even s~le commands. She has lived alone since the death of
her husband in 1995. Her daughters and neighbors have assisted the lady with
danestic activities, cleaning, shopping, etc. Margaret is no longer able to
make her main meal of the day. She has also had. a number of falls recently. A
fall in the yard from the standing position a year ago caused a serious
laceration to the wrist.
On exam she converses in a mild mann~r. She canprehends well. Memory
function though is poor, she was unable to retain a four digit span. There is
no aphasia. Her result on the mini mental status excm is decreased to 24.
Facial recognition is poor, and she was unable to identify recent president of
the United States and a few public figures. Limb strength is fairly good.
There is no trerror. Stationary balance however is decreased, and she walks
slowly.
p-:"
She has I feel danentia as a feature of degenerative brain disease.
Results of the mental status test are significantly decrea~. De~usional and
other phychic symptoms may be stimulated with the use anticholinergic
medications. For this reason I have advised she discontinue the use of
Ditropan. Memory-enhancing medication is available recently, but I do not
believe will be useful at this stage. She is in need at this time of personal
assistance for the activities of daily living.
Thank you very much.
Very truly yo
04
; PETITIONER'S
J 3HIBI1'
if -/4,.()'l ~5
~
JCJ/das
BIT "A"
PETITIONER'S EXHI
21-01-1985
LAST WILL AND TESTAMENT
J, MARGARET E. LEBO, of Penn Township, Cumberland County, Pennsylvania,
declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils
heretofore made by me.
1. I direct my executrix to pay all of my debts, funeral and administrative expenses as
soon as may be done conveniently allcr my decease.
2. [authorizc and cmpow..::r ~ny executrix to sell any realty owned by me at my death and
net specifically devised herein, at (;ither public or private sale, and to give good and sufficient
deeds therefor, in fee simple, as I could do if living.
3. I give, devise and bequeath all of my estate of every nature and wherever situate as
fi)llows:
(a) 30% thereoftc) Anna L. Group,
{b) 10% thereof to Paul E. Group,
(c) 30% thereof to Mary E. Welt,
(d) 10% thereof to Larry E. Wert, and
(e) 20% thereof to Clyde R. Lebo
4. J nominate and appoint Mary E. Wert to be the executrix of this my Last Will and
Testament; she is to serve as such without bond. Should she die before my death, renounce or
refuse to serve for any reason, or die leaving any of my estate unadministered, I nominate and
appoint Anna L. Group, as substitute executrix, also to serve as such without bond, with the same
EXHIBIT
I (U~po"d.Mt
I;' (
L rJ- ",01..- -s. f\.-S
I
powers as are given herein to my executrix.
5. I hereby suggest that illY personal representatives retain the services of Irwin,
McKnight, & Hughes, as attorneys in the settlement of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7TH day of July.
1997.
1:, r )
" '-j~.
lhCi.A-t:/~j- /:' (SEAL)
"
M~ GARET E. LEBO
Signed, sealed, published and declared by MARGARET E. LEBO, the testatrix above
named, as and for her Last Will and Testament, in the presence of us, who at her request, in her
presence and in the presence of each other have subscribed our names as witnesses hereto.
~$~
'24f~of~
2
8-0'0
aiK~
(15;;15
. ...... .............................-................................................................. ................................. ..............................
F:30 fi30
. .. ........................................................
':4,;;, ...... .......... ...".. ._..... Q49..
9M 9~
........... ............. .............. .................................................. .............................. ........................
~ ;~ ~~~\nf j J~{{\&l~_. ~ . y-- .................~:~6......... ................
, 45 ~J "', _ . . _ . . ~:1;;... . ......... .
.....d.... .. . . .. ... . . ................. . 11000.... .. ....... ....... O:ID ~./f!..~.:~
CiS ""15
. ..................... . ....._~...
':30 ".'30
.................................. ................................................................ ...................... ..................................
(4~.... ..j ,1~62.~_~~.;.~: . .1'~'~.~:~4/~L~...
....I11i:~'<~1...... . . .............. ..1?.......J~.!~....~... :'15 """""
!~3030........i.. '30
.L,,49 .,.. ',.... ~ 45.0<. . "'.'" ...... '" ..... .::45........
~20r;......... . 2 ':'.. ........ ..........
:.15 t 15 'CiS
I............... , 30 ............... ......... ~;~~.:3.0.....................
. .L)~.~, .ll~~5.'":.: ........,............ ........... :245::..:.........
~1;Q~} ....... ..... ...... ............ .... ...... ..... ............. ... ..... ...... . r.':~'~~~:......... .... ..... . .... ... .,." ..,........ ... .,.. ...".... .... ...,. ... ....... ..... ., .I~~~:. ....." ..... ,..... n. .,.
. :,15 :15 115
13030 1:30 ""~ ~ i 4M !__
J.'45.. . __...... .. . .... ..........:45:....:........:.:.............. ... ................................ ~.45..:.:._.~-.::_............L:..........
2:,:; 2'00 2[10 .4t, 1'.. ~h..4I1 _
.15C15.... ..... ........, :..... .......Z15....~..........L.. .............
:.30n.tll((jp..,l\Il);.i.....f.,,-
:.~~. _ii5=_.~..=~.=-:.~1~~:~\t.: ;:~~... ...... ..,......
: 3C{ 3:10 3".'
',15 ................. ......d........II1~.............. ... '315'"
!:30 .l;~?"," J~/~.~. I C30 C:30
,..... J..A5 '.. " " I ~.5....,..w........... ..w ." )A.~.,.....".. .
i~;~' mmm ... ..m .. mm ... ~~i-~"' '"i~ .......... .............mm !ii
. ....... ... ......... .....,....... ........ ,. ...........,......... .,.., .,......... ....... ... ... ,.. ... ... ....... "....... ,.. ...
:':,.:30 ... .L:39........................... ......... .~:~9......... ......................
!~. ~... ill.
'5~i: 50:\ 5Xi
......,...................,..,..... ............,....... ............,...........
~.15 '15
........,..., .. ...........,............... ...,............................................... .......................................................................... ......................
C~ ~W
. ............................................................... ....... .................................................- ..................................................
~~ ~5
6~ 6~
............................. ........ ... ............ -....... .................-.. .......................... .......... ... ........... ................". . ................ .................h ............ ............
,::15 '::15
...................................... "V"'"
':30 ,'''~, ~,'30
.. ........ ............... ... . ... . .... . I . . . . . . . . . . . .
l'A5 ;45
!7 GG 7G~ tVlt ".
....................................,.........II~15 .. ... ..... .................. ............. .. ......... h~..'.......".........:....
........ >3~ .................. ....30
.... .... '.' .....I~;~ a'6i,
.......................................... .............. I;';~ ................ .... ............ ....... )15
............ ..... ... .... .. ................................ ...../339...... .................... ... ...... ..... .:.?9........................
i ~'j:L1Z; :..A c:
i~1.5....
! ;30
..L.4~.",..."...
: aye......... ....,. .......... .-/.
: ~15 I
i,3o............... .......... ........I
.................. ............ ....j...
:'4!1. ..,,[
:gee
............. .........-....... ......... ..........
. ;<15
:30
';'15
.................................
/30
::45
............................................................................... ....................................................................
---
:.'15
0:30
,'..45 .
'6'Y:,
:15
.'30
45.
7 :',
"15
30
'45. .
a"'.
',f\~
" :15
'3D
. :45
..................................................................... ........ .......1
L
! 'd
L
,~, ., ...rL
'::'.:c'5~
. JiJi' .- .
...::.::.,:::::..::::-:::-::~.... '-
::::=:::,,'..:;__::' <:-i;jj:;: '
'-':~~.
-:""""'"
~ (,. 'e'---' ~
~~ :"-'0::-;-~~
..;~:~:: -- ---
_._....,_.___".__n._
EXHIBIT +
"its ph '" cU.f'1
, 2-
i
""','-< j
-f.
)
~
A '
c/..~"/~~
TV
"y:; l
If /C+'" &:-
'/P r A1 (/j
ru <'A)"'-~-f; L;/tJ..-,/[......(., ~.
I .
..~
~h,--,,~'-'"/'
d
~
~.
eJ
, 1,,-
,--~.~.-..". ---
-
/j.ct...Ie...-
~..~ ~Q.J'"U
..-{;.,......
,::1, t ~_ lv-'"
" +
~L~ \.;.,,-,
" " A,1 I
i: (L.,{,.LJ-.<-- ce. /
/IV '
0^J,. c)..r-<./j,,/'
/ ".
i ,
.;' ",",
)
cL ~,
~,( j
'L 'f"-'-
j;/--~,l(1
../
'/
Ii I
(...L/.L-A..........t:L
j~'_ '._,.u~"""_
~_. v- '---t../c.~..~..,,-... ~\"y"'l.~_./.,."_._~__"
)-'r~(Y"c-{.... Lo
q
r
, ,
· \11 r
Ci/ . Lt...,J < ,~~ ..Ie \... ....
/1' . .
f
Ii
) D ':.AA....:..
/
/
,-" /
I '\r-
6:A..~,._~.)t.L~,~.,.. t... ,A
rrt~' V L~
'(~"r">.-'''-
- '~~"
0..'
l-~
J"~X
.1 I .
't .C-(...' /
,-/..' ,..<,",~" -,
I'
_/ /' "
.'......
lor. ...J \j
)
c: / i:1/I'~.-!:;
_:__"'.':",",,~ ct--1...-._./lt.,,~_~)
;j
,..-'~<.......t..''''~./-!,4-1
v ,,( If { .
VV \
Ii
'";.7'/ / .1
;/
?'
i...---C
.~ . L
i _,: /\
~ :, ....
t.o ~
.. ,.' . ._----~.__._--_._._-_...,.-
. .A:" - ' ..
. j/~I'-'-"-'''''' . .au c1;'.7. ". \ .
'''''l.,.r' ~. i... Jl",~..,Q,;
~-'-------'------'-'-'-T~-'~':.:..":"'_-_'
rl'i,/ .' /
.fi../1"-r' yt~ t!L-
~,
.-,- .f Lt.
t 0__._____.._
.(;.. t
y---..----..---.,---.--.....- ..
/
(j tT.t>r
L ;'.~
/. ,'1/'
7"'~ f /. ;,..-.., '~..:...
f
7) _EXHI~I:r -L
I ~p~dLJ'..A
t.f~1 ~aL
sQ- '-
;':15
730
7:45
"">.L,::: j.~.:.90'
..,
.\
. .... .....J".. .
i
....r.
J
.... ...... ....'.:;;...
8 -00
I t15
:,15
(':30
:::45
9::,0
",","
i ~,30
. !::45.. .
. i g.O::
"'"-~-"-"'
I ?15.. .
i::30
:;::45
110
t..........
<:15
1'"
;~ ::30
. !,~:45
. !11 '::
. 1:',15
_ "" 1............
.. :'\30
;, ':45
r
. i12~(:
:.. ;15
I.......:.. .
1'::30
i . . . . . . . . . . . . .
11.":45
i.11!{;..
115
i...
::30
i.45
I
i~)::
i '15
<' t...'
.1::30
! .. . . . . . . . . . .
1::45 . ,
, 3 I'll', .. . '. 1i...1.~"J../iJ F j,i'-
l..~:~..~. ... ......... ...........
11-15
!'i:30
. :;~~:'. ... .......
141?
iL~~.
liA5
i ..
is \:0
i
i5:1.?
1::30
:;'45
~15
::30
:",:45.
.1O:f'{:
..'1>1f
.. . ....,: H:45...
111://
.... h:i~'.
...... .........j 13o'I.:JijJf~ "'O;;;,:;,Oi.~'."'.
... 1:45.lrlrv".L....::. ~v~'.'........ .... .
11'2 ~,;. . .
.... h{fu
, :30
::A5
", ,.. 0-"
1X: P~Jil..t ItII"'"
..........e.:f:.~,...t..~..... ..... .
':15 I
':30
'45
12-,~1-'~
. .............\...::.:.................... .
:15
. . I~~,';.~- ~
......j :15.
.... II ::4=' :.. :."....,...
.... #i~e:~
...... ....... ....h....'..
":15
~:30
:45
S )0
~15
'.:30
:,45..
Ifit.. .
ILi~.
In.:.:
.... . ....1>15.. .
H !.3.~.
45
1~.iJ,I...
. .1;:;6. .
k45.
.
I 6 t.~;:;"
"15
':30
. :.45
: 7:::;
115
I..
1':30
: :45..
. 8 I;:.
1'.15
. ~,:30
~ ':::45
8.\."
".JLJ
............... , ".'
.. .... ..... .'j Wi
~! .. .~.~
....... .....).. '"
..:..
->>..- ...... ~ . ".. , ...~
...... .. ...... ...... .....! . <.
l
i
..., ".
. ..'j' .. jj
.~. .- ': ',:::- ..-::: '.~'~-"
..... ..... .., ....
......1....~~!
:._...C
t
1'1
... . .W~~:j
.......1 ::+~~:. .=::~~~~
l>
!....:~
""" - ~,,,'" ""~ '.-0",
./!r.1.oc-::-::
;;:15
830
;45
g~'G
..... .........,..
~.15
c30
f:.45 .
1M:
:15
',.:,30
~G45
11'Y]
H:15
I/~t~.
12.:):)
...... ...... ..... .........
"c:15
'::30
'245
~ ~
10e
....................
'!:15
.'1
I
... ...... ....i..
I
.............1.....
':30
45
r ..
....1.. .
I
...i.
I
1
..........
.....1
\
..............1........
2:)()
;;:15
::30
......1245..
13 P",
:Ur,.}
..-......................
;15
~30
=4~
400
415
4:30
';:45
sua
...... ...!; .....::.~
.. ........ i
f ,- ~-" ,."','--'__
t .,~- _._-..:..:.-~
......!...;~~.:~
i "'-.,..--.
.........j- ,'::-;;,'
t-n
... i .
I
I
..,
..... . ...... . .............1
,.1
....j.
.J
I
..."....."--,...",_..,,.,,-
. __._. .n"'_H ~~._'..--.
'---'---'-~
"- -- ------
----.;--;'..:::-_:;,:_-~
.j~
.::::::<'.:-::::_~:;..,
- -.---,----_._-~-
'0- ____,~.__,
.----., ,--.- '-----.
::: ,.-- - .-- , :-::--:::.::::.:-:::-::::~
;J~
J
i,15
........"....... .... .... ...
:530
545
60:j
~:15
':30
::45.
70(;
:'15
::30
-4,5.
'800
---~=~:~;:.;::b:-~
..
.. n..._,n.""'_'".'___'
}..:;)iY~]~~1ii
:.-~:::~::-=:=~:~
',r.i~ __
215
'.30
'::45
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
TRIAL BRIEF
SUBMITTED BY: Paul Bradford Orr, Esquire COUNSEL FOR: Clyde R. Lebo, Petitioner
AND NOW, comes Petitioner, Clyde R. Lebo, by and through his attorneys,.THE LAW
OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, who, pursuant to this
Honorable Court's Order dated February 25, 2002, submits the within Trial Brief.
I LEGAL ISSUES
A. Whether, on July 7, 1997, at the time of the execution of her second Last Will
...
and TestaII).ent, was Margaret E. Lebo a person of sound mind possessing the testamentary
-~
capacity to execute that document?
B. Whether the execution of the said puported Will was proper and valid?
II RULE
In the Estate of Reichel, 484 Pa. 610,400 A.2d 1268 (1979) the Court held that,
'''Testamentary capacity' exists when the testator has intelligent knowledge of the natural objects
of her bounty, the general composition with it, even if memory is impaired by age or disease;
testator n~d not have the ability to conduct business affairs." The presumption of testamentary
capacity must then be overcome by clear and convincing evidence. Hastings Estate. 479 Pa. 122.
~87 A.~4 ~6~ (978). Although the relevant testamentary capacity is determined as of the time
of execution of the Will, evidence regarding the mental capacity of the Testator shortly before or
"\
after the execution is generally admissible as an indication of mental capacity at the time of
execution. Williams v. McCarroll. 374 Pa. 281. 97 A.2d 14 (1953). A great deal of weight will
be given to the testimony of physicians who were familiar with the testator's mental condition at
the time of execution of the will. Masciantonio Will. 392 Pa. 362. 141 A.2d 362 (1958).
III
APPLICA nON
. .
Margaret E. Lebo executed the Last Will and Testament in Question on July 7,
1997. On May 19, 1997, less than two months prior to that date, Dr. 1. Craig Jurgensen sent a
letter to Dr. Kenneth R. Guistwite. (See attached and marked as Petitioner's Exhibit ~
Dr. Jurgensen had been requested to examine the decedent specifically in regards
to her mental status. She described frequent episodes of delusional thinking over the past six
months to him. Additionally, she was suffering from regular hallucinations.
'.'...Jo
...
Furthermore, she was unable to retain a four digit span. Her facial recognition
was poor and she was unable to identify the President of the United States. The doctor
concluded JUs examine by stating that her mental status test was significantly decreased. Finally,
he did not 1:>elieve that memory enhancing medication would be useful.
Prior to the May 19, 1997 exam, Dr. Guistwite noted that the deceased was having
difficulty ~aking to him with regards to describing her medical ailments. At one point, on
January 27, 1997, she could not respond in any verbal fashion to his inquiries. This behavior
was also noted to be a serious problem on April 4, 1997, when a friend brought her into the
doctor's office and made requests for x-rays due to the deceased inability to converse with her
lifetime family physician.
Subsequent to the May 19, 1997, diagnosis by Dr. Jurgensen, the decedent's
"\
daughter called on both June 6, 1997, and June 9, 1997, with concerns that the decedent was
being over medicated. The June 9, 1997, episode resulted in the decedent being transported to
the Emergency Room. No additional medical records were provided to Petitioner's counsel.
Under Rule 803 (3) of the Pennsylvania Rules of Evidence, the above statements
of the declarant must be admitted as evidence of her existing state of mind during the six months
leading up to her "execution" of the Will now being contested.
"
IV CONCLUSION
WHEREFORE, the Petitioner respectfully submits that the decedent, Margaret E.
LebO, did not have the testamentary 'capacity to execute her Last Will and Testament on July 7,
1997, and the previous Will executed by her on April 12, 1983 must be considered to be her Last
...
valid Will and Testament.
/-"
Dated: q) hI 02
Bradford Orr,
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court ID 71786
A'
..
INRE: ESTATEOFMARGARETE.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21 - 2001 - 085
RESPONDENT'S PRE-TRIAL MEMORANDUM
AND NOW, come the Respondents, MARY E. WERT, Individually and as Executrix of
the Estate of Margaret E. Lebo, LARRY E. WERT, ANNA L. GROUP, and PAUL E. GROUP,
by and through their attorneys, Irwin, McKnight & Hughes, and submits the following Pre-Trial
Memorandum:
I. STATEMENT OF FACTS AS TO LIABILITY
This action involves a contest to the Last Will and Testament of Margaret E. Lebo
("Decedent") dated July 7, 1997 and admitted to probate by the Register of Wills of Cumberland
County. Mrs. Lebo passed away on December 22, 2000. The Petitioner is the son of the
Decedent. The Respondents are the daughters of the Decedent and their husbands.
Petitioner's sole basis for his contest is that the Decedent, his mother, lacked the capacity
to execute her Last Will and Testament on July 7, 1997. Petitioner originally had included a
second allegation of undue influence, but said allegation has since been withdrawn. Petitioner
alleges that Decedent's lack of capacity is supported by a diagnosis of dementia.
Respondents assert that Decedent had the capacity required to support the probate of her
July 7, 1997 Last Will and Testament.
II. STATEMENT OF BASIC FACTS AS TO DAMAGES
Decedent's July 7, 1997 Will provides that Petitioner will receive 20% of her probate
Estate, and the remaining 80% is divided in varying percentages between the four Respondents.
Petitioner seeks to replace said distribution with the distribution of 1/3 to each of Decedent's
children as provided in her prior Last Will and Testament dated April 12, 1983.
III. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES
A. Liability
The burden is upon Petitioner, because capacity is presumed as a sound mind is
the normal condition. Testamentary capacity exists when the testatrix has intelligent
knowledge of the natural objects of her bounty, the general composition of her estate, and
what she wants done with it, even if memory is impaired by age or disease. Estate of
Reichel, 484 Pa. 610, 400 A.2d 1268, 1270 (1979). Petitioner must therefore show by
clear and convincing evidence that Decedent did not have testamentary capacity as
defined above. Respondents will present evidence showing that not only did Decedent
have the necessary capacity when she executed her will, but that she also purposefully
left a smaller percentage to her son because of unique provisions made for him during
Decedent's lifetime.
B. Damages
Respondents do not anticipate a dispute as to the differences between the probate
estate distributions provided for in Decedent's wills, only a dispute as to which document
takes precedence.
2
IV. SUMMARY OF LEGAL ISSUES
Petitioner has requested that a jury be empaneled to consider whether Decedent was of
sound mind at the time she executed her Last Will and Testament, and whether said document is
proper and valid. Respondents assert that Petitioner has not preserved any right to a jury, that the
issues involved are mixed questions of law and fact more properly considered by this Court, and
that the use of a jury is not justified by the additional time and cost given the relatively small size
of Decedent's Estate. Respondents are not aware of any other issues which need to be addressed
by this Honorable Court prior to trial.
V. IDENTITY OF WITNESSES TO BE CALLED BY PLAINTIFF
Plaintiff anticipates calling the following persons as witnesses:
a. Roger B. Irwin, Esquire;
b. MaryE. Wert;
c. Anna L. Group;
d. Larry E. Wert;
e. Paul E. Group.
Plaintiff reserves the right to call any witnesses identified by Defendant.
VI. LIST OF EXHIBITS
a. Decedent's Last Will and Testament dated July 7, 1997;
b. Decedent's hand written statement provided to Attorney Irwin on July 2, 1997;
c. Attorney Irwin's July 1997 Appointment Book;
d. Letter from J. Craig Jurgensen, M.D. dated May 19, 1997;
e. Recorded Deeds and any other instruments executed by one or more of the
parties.
Plaintiff reserves the right to introduce any exhibits used by Defendant as well as to use
any documents previously provided to Defendant as the need may arise at trial.
3
VII. STATUS OF SETTLEMENT NEGOTIATIONS
No negotiations have occurred.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
By:
Date: February 20, 2002
Roger B. I in, Esquire
Supreme Court ID # 06282
Douglas G. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Respondents
4
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21 - 2001 - 085
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, P A 17013
Attorney for Petitioner
Date: February 20,2002
IRWIN, McKNIGHT & HUGHES
. Miller, squire
Supreme ourt ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Respondents
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
PRE-TRIAL MEMORANDUM
SUBMITTED BY: Paul Bradford Orr, Esquire COUNSEL FOR: Clyde R. Lebo, Petitioner
AND NOW, comes the Petitioner, Clyde R. Lebo, by and through his attorneys, THE
LAW OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, who, pursuant to
this Honorable Court's Order dated January 4,2001, files the within Pre-Trial Memorandum.
1. BRIEF SUMMARY OF CASE
A. PROCEDURAL STATUS
This action started on May 10,2001, when the Petitioner, Clyde R. Lebo, filed a
Petition Contesting the Validity of a Last Will and Testament requesting the Court to hold a
hearing on the mental capacity of the Testator and to halt the sale of property that was scheduled
to occur on May 19, 2001.
On May 15,2001, the Executrix of the Estate of Margaret E. Lebo, represented by
Douglas G. Miller, Esquire, filed Preliminary Objections to that Petition and proceedings were
held in-chambers on May 17, 2001, whereby President Judge Hoffer entered and Order of Court
allowing the sale of property to continue, but allowing the remaining issues in the Petition to
proceed. On May 21, 2001, the Preliminary Objections of the Executrix were withdrawn by
counsel pursuant to a Stipulation Between Counsel.
On July 26,2001, a subsequent Petition was filed by the Petitioner, Clyde R. Lebo asking
the Court to award a citation under the provisions of the Pennsylvania Probate, Estate and
Page 1 of 5
Fiduciary Code. On August 15,2001, President Judge Hoffer signed an Order of Court awarding
those citations, which were then drawn up and served on August 16,2001.
On August 17,2001, the Executrix of the Estate of Margaret E. Lebo, represented still by
Douglas G. Miller, Esquire, again filed Preliminary Objections stating that the Petitioner did not
follow the Orphans Court Rules. In response, the Petitioner filed an Amended Petition on
September 11, 2001, to conform with the Orphans Court Rules. Another in-chamber conference
was held on October 26,2001. A Stipulation Between Counsel was filed on November 2,2001,
whereby the Preliminary Objections of the Executrix were withdrawn.
On December 6,2001, President Judge Hoffer signed an Order of Court issuing citations
pursuant to the September 11,2001 Amended Petition. On December 27,2001, the
Respondents, Mary E. Wert, Individually and as Executrix of the Estate of Margaret E. Lebo,
Larry E. Wert, Anna L. Group, and Paul E. Group, still represented by Douglas G. Miller,
Esquire, filed an Answer to Petitioner's Amended Petition.
On January 4,2002, an Order of Court was issued by Judge Edward Guido scheduling the
above matter for a pretrial conference on February 25,2002 and directing the parties to submit a
pretrial memorandum.
B. FACTUAL mSTORY
The deceased, Margaret E. Lebo, had three children, Clyde R. Lebo who married
Bonnie Lebo, Anna L. Group who married Paul E. Group, and Mary E. Wert who married Larry
E. Wert.
On April 12, 1983, Margaret Lebo executed a Last Will and Testament leaving her entire
estate to her husband first, but ifhe shall predecease her, to her three children in equal shares.
Page 2 of 5
VII STATEMENT OF OBJECTIONS OR UNUSUAL EVIDENTIARY PROBLEMS
EXPECTED TO ARISE AT TRIAL:
VIII SPECIAL REQUESTS, UNCOMPLETED MATTERS:
IX
ST A TEMENT OF SETTLEMENT PROSPECTS:
Not likely.
X
ESTIMATED TIME NEEDED FOR TRIAL:
One day.
Respectfully Submitted,
Date 1 \~IOL
FORD ORR
By:
Paul Bradford rr, Esquire
Attorney for Petitioner
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court ID # 71786
Page 5 of 5
PAUL BRADFORD ORR
LAW OFFICES
50 EAST HIGH STREET, CARLISLE, PA 17013
PHONE (717) 258-8558
FAX (717) 258-5289
Paul Bradford On, Esquire
Gregory L. Cutler, Esquire.
EMAIL info@orrlaw.com
Heather L. Smith, Paralegal
April L. Deatrick, Paralegal
. Also Admitted to Maryland Bar
February 20,2002
Judge Edward E. Guido
Cumberland County Courthouse
VIA HAND DELIVERY
Dear Judge Guido:
Per your Court Order dated January 4, 2002, please find enclosed the Petitioner's
Pre-trial Memorandum.
PBO/ad
enclosure
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2001-085
IN RE: PRETRIAL CONFERENCE
At a pretrial conference held Monday, February
25, 2002, before the Honorable Edward E. Guido, Judge, present
for the Petitioner is Paul B. Orr, Esquire, and present for the
Estate is Douglas G. Miller, Esquire.
This is a will contest in which the only issue
is the testamentary capacity of Ms. Lebo. Counsel estimate that
this case will take the better part of a day to try.
We indicated that we would allow the testimony
of the doctors to be taken by telephone only if all parties
agree. Otherwise, the doctors will have to appear in person, or
testify via videotape deposition.
The parties further agree that this is to be
tried in a bench trial. We have scheduled trial for the 19th
day of April, 2002, commencing at 8:30 a.m.
The parties are directed to complete all
discovery within 30 days of today's date. The parties are
further directed to assure the availability of their witnesses
on the day set for trial. We will not entertain a motion for a
continuance, unless it is for some dire emergency, unless that
motion is filed on or before March 22, 2002.
The parties are further directed to file a trial
brief setting forth the legal issues as they see them. Said
brief to be due at the commencement of trial.
~war
STATUS REPORT UNDER RULE 6.12
'\ V"
. /
vo~
Name of Decedent:
MARGARET E. LEBO
Date of Death:
DECEMBER 22. 2000
No. 21-01-0085
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete: -X- Yes _ No
2. If the answer is No, state when the personal representative reasonably believes that the
administration will be complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes X No
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties
in interest? X Yes No
d. Copies of receipts, releases, joinders and approvals of formal or informal
accounts may be filed with the Clerk of Orphan's Court and may be
attached to this report.
Date:
11/13/02
/~-r /b. c&-
Signature / ~
IRWIN, M~ T & HUGHES
Roger B. Irwin. Esquire
Name (please type or print)
60 West Pomfret Street
Address
Carlisle. PA 17013
City, State, Zip
(717) 249-2353
Telephone Number
Capacity:
X
Personal Representative
Counsel for Personal Representative
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 11/05/2002
MARY EWERT
41 LEBO ROAD
CARLISLE, PA 17013
RE: Estate of LEBO MARGARET E
File Number: 2001-00085
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 12/22/2002
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
MARY C. LEWIS
REGISTER OF WILLS
cc:
JFile
Counsel
Judge
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
~
AND NOW, this ,
ORDER
daYOf~
, 2001, upon consideration of the
annexed Petition, a Citation is awarded under the provisions of the Probate Estate and Fiduciary
Code, directed to Mary E. Wert, Anna L. Group, Larry E. Wert, and Paul E. Group to show
cause, if any exists, why the Appeal of Petition from the Decree of the Register of Wills admitting
to probate a certain writing purporting to be the Will of Margaret E. Lebo, deceased, dated the 7th
day of July, 1997, should not be sustained, the Decree set aside and a jury empaneled to try the
following questions of fact:
(1) Whether or not at the time of the execution of the said writing the Decedent was a
person of sound mind?
(2) Whether or not the execution of the said purported Will was proper and valid?
1.
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: ORPHAN'S COURT DMSION
: NO. 21-2001-085
PETITIONER'S AMENDED PETITION
TO THE HONORABLE, the Judge of the Orphan's Court Division, Cumberland County Court of
Common Pleas:
AND NOW, comes Clyde R. Lebo by his attorney, Paul Bradford Orr, Esquire, and THE
LAW OFFICES OF PAUL BRADFORD ORR, and respectfully represents:
1. That on the 22nd day of December, 2000, Margaret E. Lebo, died, a resident of the
County of Cumberland, Pennsylvania, leaving to survive her as the persons entitled to her Estate
under the Intestate Laws of the Commonwealth of Pennsylvania the following:
A. Clyde R. Lebo - son
47 Lebo Road
Carlisle, PA 17013
B. Anna L. Group - daughter
23 Church Road
Carlisle, PA 17013
C. Mary E. Wert - daughter
41 Lebo Road
Carlisle, PA 17013
D. Paul E. Group- son-in-law
23 Church Road
Carlisle, PA 17013
E. Larry E. Wert- son-in-law
41 Lebo Road
Carlisle, PA 17013
2. That your Petitioner is a party in interest, being the son of the Decedent and one of six
heirs at law to the Estate of the Decedent, entitled to a twenty percent interest in the intestate
Page 1 of 3
Estate of the decedent.
3. That a certain writing alleged to be the last will and testament of Decedent, (See
attached and marked as Petitioner's Exhibit "A"), purporting to have been made on the 7th day of
July, 1997, was admitted to probate by the Register of Cumberland County as the Last Will and
Testament of the said Decedent and Letters Testamentary were granted to Mary E. Wert as
Executrix under the said writing.
4. That on May 10,2001, Petitioner filed a Petition Contesting the Validity of a Last Will
and Testament.
5. On or about May 17, 2001, President Judge Hoffer reviewed Petition and entered an
Order requesting Petitioner's Counsel to modify Petition to conform with Orphan Court practice.
(See attached and marked as Petitioner's Exhibit "B").
6. On July 26,2001, Petitioner filed a Petition in the above captioned matter.
7. On August 17,2001, Preliminary Objections were filed by the Estate.
8. By agreement between Counsel, this amended Petition is to be filed addressing
concerns raised in Preliminary Objections. It is Petitioner's understanding that Preliminary
Objections will be withdrawn upon service of this amended petition.
9. That your Petitioner believes, and expects to be able to prove that, at the time of the
execution of the said writing, the physical and mental condition of the Decedent was greatly
impaired by illness and infirmity, and that she was not a person of sound mind, capable of
deposing by will of her Estate.
10. That the said purported Will was signed at a time when the Decedent was physically
infirm.
11. That on May 19, 1997, Dr. 1. Craig Jurgenson diagnosed Margaret E. Lebo as having
Page 2 of 3
significant dementia as a feature of degenerative brain disease. (See attached and marked as
Petitioner's Exhibit "C"),
12. That at the time Decedent executed the said purported Will, Decedent was not of
sound and disposing mind, not being aware of her natural heirs,
13, That Petitioner asserts that the previously executed Will, dated April 12, 1983, was
executed at a time where the Decedent did in fact posses the capacity to execute her Last Will and
Testament. (See attached and marked as Petitioner's Exhibit "D").
WHEREFORE, your Petitioner prays This Honorable Court to award a new citation under
the provisions of the Pennsylvania Probate, Estate and Fiduciary Code, directing all parties in
interest in the Decedent's Estate as heirs, relations or next of kin, devisees, legatees or executors,
to wit, Anna L. Group, Mary E. Wert, Paul E. Group, and Larry E Wert to show cause why the said
Appeal should not be sustained and the Decree of the Register set aside, and issue to be directed to
be tried by a jury the following questions of fact:
(1 ) Whether or not at the time of the execution of the said writing the Decedent was a
person of sound mind?
(2) Whether or not the execution of the said purported Will was proper and valid?
Respectfully Submitted:
q\\\\o\
,....-
FORD ORR
Date:
Paul Bradford Orr, E quire
Attorney for Petitioner
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court ill # 71786
Page 3 of 3
VERIFICA nON
I verifY that the statements made in the foregoing Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to
unsworn falsification to authorities.
DATE: % J ~ I I b (
~. 7? ~Q..
Clyde L 0, PetItIOner
~(Q){P>~
LAST WILL AND TESTAMENT
:..~~
\~;.~J;i'. ,
,.p" " ,1. ~GAJ.Ul.T E, LEBO. of peno Township. CuIl\berland County. 'l'CI\IISYIVania.
t.'}"''- .
'i.'l.i:'ll!lil\llJC ,\hi!IlD be l'I\y ust Will and Teswnent. hereby e"pressly (e\loldog all Wills 'aiiGCodicils
"i"'. 1"-: .\',." . " '. '.
.~P4~'~{osO made by IOC. '
[;l~,;:'>t ,\.;,~:;"r ,.'. .
ii;~;}:i':, ..~. 1. ~ I'I\Y Cl<~ to pay all of roy debts. funeral and ,.dsninistf&li'le e"penses as
;;;.;~\:::~:,;V' ,(;', .'. .'
1;~f:4..~pll ~Y be done eno'lenienUY at\~ roy decease.
d.r.!J"~""")'" . "
;\1J;h~f::;. '.. Z. 1. ~ and ....power ro). """"utriJ<. to sell any realty owned by roe at roy death and
y..~".~':~;,\\:!r; " , "
;~~;,;,~,~ifjca1ly deVised herein. at either public or pri'late sale. and to gi'le good and sufficient
+ "....' ,,'<,.. ' " ' ..
,\\f,fi\_~~.in fee si1llple. ..1 could do if li'ling.
:" "~'L~t:!,Y'L"'.'\ H'" "
't?~\\t';:;; ~,' \ ~ve. devise and hCllueath all of roy estate of every nature and whe(e\ler si\Ullle as
..,'ii.d'~"<~"; . Y ; ,','", . " .
',;'&'ii>(1'..foll.owS' .
:,,~\\';~i~~'~:'''\, '.'.' ,\, ' ,. .
,>\ "t"'.t~.",..\ '. ".", ,."
,:;'wlf,;':!ii!:;< , ': '., (a) ;00/0 thefCOf to Ann" L. GroUP.
"\' ~L,,;t\}'\:,,; .: ,. . , ."^ ,,\,'
v,,;w;:,!',fp\.~.l~'d':';':\' .
J",I~,r.. 'if"';'" ,." ",,' (1)) 10"10 thereof to paul E. Group,
'i~~~i~;~j;;~::;.; e. (0);00/0 thefCOf to MarY E. Wert.
.t~'l 'f""'" ,.,'
'1~~~"1;~~r~.\~,:(;: (el)' 10"10 thefCOfto LarfY E. Wert. and
~\~t?Ji\~0;":1 (e) zO% thefCOfto Clyde R. Lebe
; .,: g, ;',,:~"'.,' ;\ ,\~; ," .", '~ .
i~ i;~~"~:;''\- J ~ and IlPpoint MarY E. wert to be the e"ecutriJ<. of this roy LaSt Will and
y",'{r;,. J'l..",l. (.' '.',. \ '
il "",': ~ ~ is '" SCf't'e .. such withOut bond- Sbeuld sh~ die before my death. renounce or
'~;~~p fpr any reason. Of die lea'linS any of roy estate unadn'inistered. 1. nOroinate and
ffi,: ,:r",~~:,J,;^:~':";"",
.~i;.Ot<iUP. as subStitute eJ<OCutril<, also to SCf't'e as such withOut bood. with the satne
~~;:~~\:~i! ,
(,,.t.l ,..' f"\
~~t::.\.~, <. .
".,J.
,\\~j~;':~.
----
~'
:..-----
:.---'
--
IJ-
--
PE1I1I0NER1S EXHIBIT
---
:..----.
It A. It
-
/:
:...~--
:~~'~,<'. ;
~}~)("
~~r'. ~~.\" '
',-". .'./"- ~ ::'
~:~~, ,
':.~ . ' \ .:
----
~Iii\,; ,
1"~h.,,.,\,;
'~~'(....i,<.t.,~~,~<q..,. :", , '
~~RpoV/Cl& as arc given berCin 10 my el<ecutrix,
')~%:~:X!~;(,:_./.' ,1 " '
;'l;t!l';": ,S.' l berCby SUggest \baI mY personal representatives retain the services of Irwin.
'~',.,~~:'.,~~~,~".,,:'~<' , ' : ..
{~,)i.J~1, &:. Hughes. as a\\Orneys in the seuletl1ent of my estale,
~J!~i~\"" ' " '
<t,;~j'~:,;;r;, 'IN Wfl'NESS WllEREOF,l have hereunto set my hand and seal this 7TH day of July.
~~~. $," ""
,~' ,Jm. ~.
J tM-: "
U. (SEAL)
BO
~i~ll,!(~i1Wt: ~~~sealed, published and deciared by MARGARET E. LEBO, the testatrix abOve
~~i'j.~"""",,,, ,,'. ;a 1lIIll"foI' her'Last WUi and Testament. in the presence of us, who ather ~~t. in her
l/!',:'i"ki :-\"'i~"~i"'" \ '," .., .
t;l!\' ,~~ in the presence of eacll other have subscribed our names as witnesses hereto,
{.1,[~,\:,'~~ ""':,~l;'1;','!'; '~' J ~/l.// /
;'~\,iP ,!i,;;,{"'I:': _6 " ~
::~i~~..~~\\;'i>'U\ --:J.~ 4.cI-~J/.J/
,'," ""."," ,> ,"'''.' ' ~
. "'\ii' ",,,,,\,:,/:.,'y, ..;
r "ll ,:,~,!q!,. :,..:;1 ',' I '"
: . ,i,~ti~,r;~,t ,~"
~>'f.-' ;l~~','
:"-' .
In..
.~.
:.-
------
f\
..t .t~ ;..,
'. -'-'~"J'.: t
"
'",~~"
" I
lrL
2
~.........",-_.
.:..~_.
,....
.:..~.
:..-
~W;i,'.!.W;~f+'~!::~. '.
;l,t, , _,~. r~",{t. ..:.: I"',~.
!j"~~;;~ ^,: ;t!l~\}; .~.
t'1" :"~"l'"",; .'
:;lj,j:.,;fT?~{\:::;' .,
\,1.\ .....,J;.." J. .".,
!~;~~'?:;!;:')'~: "
I~II." ", .";. '.
1':{J;fi;?' .
:l;f:;lt'~I~! WE, MARGARET Eo LEBO, CHERYL L. CLELAND and MARTHA L. NOEL,
iHl;k,f? ... .',testatrix and witnesses respectively, whose names are signed to the foregoing;,.-iMtrurnent,
;.~tii,~.:::~~ f1fs.~d~~ ~w.o\mJ do hereby declare to the undersigned authority that the testatrix signed
\'''t'~-. ";r'~""'" .. ."
~\:::,:"l;:"",, ~ecuted the instrument as her Last Will and that she had signed willingly, and that she
~,'~r~-~::'~",~::~tl~~.;~t-r;l '<'I' ' : \, '.' " ~___ .
k. t<.:,:::;~ec~ it as her !free and volWltary act for the purpose herein expressed, and that each of the
\J I, ;;''',;:'':"1~;:~.~':r':':':~:~'' -;' I '~ ~" ,',
'ki~i;' ....,~~, ~ tb.e.p'~nce and hearing of the testatrix, signed the Will as a witness and that to the
~~',~_ <'.,:.:;./:,~;:"i \~~:-~~i'" '~ "',: /'.:; .\.; I.."',' < . ,
\i,t~}:.. .of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound
~.,{ "..~.""'.'"l"~"'."""'i/ '.', ,',': ,'t'.l ". , .
tt~ . emr'!;> ,\~~,i/.,,'l" . _,,"_
~~~~~.~ ,.fij~,~~ ~~~,~o ':constraint or undue i"n.t1uence.
~'Ji14'~~"~!'~r:.,; ;, "
It~:~,!:~~~I~:{ir:~."." .-
1,-:"1' ,"'J:' it l~.'., ..... "'. ,. ,
fWt\tA~~~8'!".. ;.~
tift 'J '.'
~i~~~~'~', :W~:l;r~~',,:,{,,
tk~t "-f':'.J{' ~..,."'rl ~l ,'"
~l,~l~~~~\~\ i '.
l';;if~}~~~~~~~~~~ OF PENNSYLVANIA
':"J"'_~'J.!-''''t';~,, -," ,~., .
~. '<:: ;' i 'OF.';'TUllli'. DT ... 1U.D
-';'"' '" ' , .: -'~ ,"'...,......,&~.,
,;" ~';,\"\,,.,4\.:'...j' "..'1"~. '" . ,
,~;:~: ,'~'t~+t'.,.~-~,};.~'.';'~ ,~.:
'J;' ~~..'~~~. ,worn ~ and acknowledged before me by, MARGARET E. LEBO, the
~'~>aod, s~scnbed and sworn to before me by CHERYL L. CLELAND-and
,:m4~'~()ELiwitnesses, this 7TH day of July, 1997.
;.!t;l"_~I~;,I\:v ~'~,' '!"~," " '. .
j"'h}:i.(! ;;':',., ~ '.. " '
~X: '~{;r J.', ',. ~ :r,.J,..,~\'I~~ h'" ~'; ." .
.;,J': {."'" tt,t> ' f~t,',I,"" ~ .......,f(". .~ .
lr!~! ,', !t~i~, t(; t:.~,:: ~~:, ."~: !
"I ii,.., \,.,'l., ''''..'.';.. "',
.:-\<;} J ,t{r:d ': ,':" ,
'l,.,~ ,),,;I.'.I\1-.l.' ~," \' I:'
;(\,1 }Sl;.f"~" '.. {,
> :~J!i]rJ'~:b.
""1.'1"" '1'" d.,
;~m;:::,~r '/:.
'J,:!<Pl',\: ,
,A~:~il:
;'
'.
~------- .
dCKNOW~EDGMENT AND AFFIDA VIr
r
)n~,~ ~ ~
. -IIRGARET Eo LEB~
~~~~~
ERYL L. CLELAND
~~Jf:~_.
MARTHA L. NOEL .
ss:
.;..------. .
'3.~"
Notarial Seal
Roger B, Irwin, Notary Public
Carllele Boro, Cumberland County
My Commlaalon Expire. Oct. 3, 2000
Member, Pannlylvlnlll AalOClalion 01 Notaries,
--.
6
~ELYEDERE MEDICAL CORPORATION
850 WALNUT BOn-OM ROAD
CARUSLE, PA 17013
!~~.
CfWGJURGeNSEN. M.D.. NEUROLOGY
.~~a.;;HATLEBERG. M.D.
~lRf;~.CiHT.;M.Q.
:W_:;f\~r:"" .
~1iI)t Eo GReEN, III, M.D.
~~rl~f{; .
fJ:~!~~~..~' a.' '~..;...twi.te,
:11}.-~"" -......p M.D. "
';i(ll:~ ipu~,: Pi.~t Sb=eet
1i/~:,~~1 ~IJ~"A 17013
., ,.~f~~:::r~rt:}{ !(.~1~,~.!.;
. if".f'~').)' 1'.!'. "'J
l~~;~~r,: · .
r"<~"I~' :
;,~1~1?1?~{~'~>: ! ~... . . .
:F~'JJ;~.~!Flft1;:; ~ Margax:et tcxlay in :regard to her mental status. Her sister
::t.:~ bm:' today, to the office. She describes frequent episodes of delusional
,~n~gver the past six ncnths. Margaret occasionally reports "men, in the
;::\.bQ~~;- ond they wcn't leave". She has also hid thoughts that "peop-re-out
j;;;tbIro~~~' CIR : ; c.1cing sanething" . In addi tion though, she has hid steady
It*~t:i..a1 :in , I1lIIlmY over the past year. Her sister reports that she is
l~li~,i:tr;:t!'.~J J even s.in1;Ue amnands. She has lived alone since the death of
~r.~Ubonr::l~ ,in'1995. Her daughters am neighbom have assisted the lady with
i~l. ~',.;C1CU"it1ea, cleaning, stx>pping, etc. Margaret is no longer able to
i~; ,~' meol of tl1e day. She has also hai a nunber of falls recent~y.. A
i ,\'.;.tbo~ycQ fmnthe standing position a year ago caused a serious
~,,;'. ' ," ~: tct, tbe wrist.
r:lH~'jl A;~i.:: i~r,'! ..... " .. .:
!,;;Altif,' ~'!Qt,~ IJhecawenes jn a mild manner. She carprehends well.' Maroxy
:;;~i:'~<'~ poor, she was unable to retain a' four digit span. There is
:QQitr:~1.o.t Her, ,~ult on the mini mental status exan is decreased to 24.
,':'~!t~~ti.on1s pQO.1:', and she was unable to identify recent president of
.~u.,,;.~~.:'totea .~ a few public figures. L~ strength is fairly good.
"~~~FQQ::~. Stationart balance txMever ;LS ciecreased, and. she walks
"~MJ~'~;ji:::J<' T' / .' .' :'--.- .
"1,:t "{/'C' t ". ~. . ,t
:i :,f;~~!'f:~ ~'.,.Poa J:' feel dementia as a feature' of degenerative brain disease.
'~. .'? rof~.'"",tho. '1JlentaJ. status test are significantly dec~. ~~usional and
~~~pPy~:: ~tcmii may be stimulated with the use anticholinergic
PId~~~.t.> Fori this reason I have advised she, discontinue the ~e of,
Q.'L.~.'~;W ~-enhancing meOi.cation is available 'recently, but I do-not
br]1_~~\~'!1:leuseful at this stage. She is in need at this time of personal
. . ~~':~' activiti.es of daily living. .
'~~~l'~'~;'!~r.JI'" 'L . , .
. . ",,,'Vt'll ve:r:y much.
til~:;..,l"!.'I.;'~, ^.'
'~~t~)"!~;r ..
..ll,,f.~d',
'. : r!. .>~ .' ~
:...------- .
May 19, 1997
.:..---..--
~
1
,;
RE:
Margaret E. Lebo
6/15/14
oos:
.:........--- .
~H
".t<,';
"'H':'t;,:;"~,"",, I' .
';;~d;f'B'J;'ITI0NER' S
,.,,' ,......,'
I
EXHIBIT "e"
Very truly yo
0~
".. ~.._Crai!;1 Jur. en
-
I.M:;,!' WII,I, AND 'l'ESTAI\IENT
OF
1\1'\ IH1^ In:'/' E. I.EJlO
I, 1\1 1\ Itll^ IlH'I' I':. (.liIlO, or Pcnn 'I'OWllsllip, ; ""lhf'I'L.ld ""1.1;1,\, ""IIlISvl\'llllill,
bcilll{ oC sounc1 and f1isf)o'iing mincl, memory and IInclcl'stAnclinl~, el.1 11i"I'I" 111'1"'" plIlllish IIncl
(l~dlll'C thiN nN /Iod rOl' lilY Last Will and Tcslamcnt, hC"C1h~ I'PI','ldll/:' nl;" III"kinl~ lIoid IIn~
find 1111 WillN by me lit /IllY time heretoforc made.
\. I ,Iil'cwl Illy hel'cinnfll'l' Il/lnlClcl Ii XI' (' II 1 0" to n"~ nil ,.1' lilY jll'" tI.."I'; 1111" 1'1111""111
I'XllIlll'iI'S liS SllOlIlIf"'I' Illy .ICllllh liS 1I111.V b(l fOIlIl" "lIIIIIPlli"II' tll "" "",
2. ^" Ihe /'(\NI, /'ollidll(, /lncl rcmninc1cl' of III~ /o:';lnl(O. 1"';,/, 1"'l'sOlI:d :11,,1 IlIix.'d,
/lncl whct'osoevor the SUIIIO may be situate, I g-iv(', d(!vis(' IIn" he'lfllo'1I111 .ll IllY III1Shllll(l, I'll III
H. I.ebo, hill heirs anct RRSigns, to the exclusion of my chilc1,'oll. ,,1)1'11 null 11IIhOl'Il, p,'ovi.,c<\
m;.t suicl hllSblllld, p,li/I I~. I,ebo, shut!. llllrvivc me by II pCl'jod of IIi/wI t' (1111) c/II\'S,
a. Should my IlIlid hUllbllnc1, Paul n. I,ebo, P"CdCr.l'/lSC lilt' 0" filii In SIIl'1I1~1l(,' h~
a period or ninety (90) nays, then in such event All the "cst, I'('sic/lln 10lld I'Clllldlllll:,:(;'fnl~1
It'itate, rCIl) , perRone} and mixed, Rnd wheresoever the some mny h,' si (1I111t!, I I~i IIl1, f1evisc
and beqllollth in equal llhares to my three (3) children, .hcir hC!il's Iln.1 IIssil~lls. they beinp;
t\nnll I.. Urollp, Mary I:, Wert, and Clyde Lebo, but shoulci Any 01' my 1I1I'f'f' "'liJn,'on hove
'predeceased me thon the share sllch deceased child W041d have l'cf'(!ivN1 shull pass to his
or her iHslle, per stirfl(!s, and if there be no issue, the Mmo shull InpsC' nnc1 be nc1f1cc1 to thc
nthar SIUII'CH. par stirpell.
4. I hereby nominate, constitute and appoint my SAid IIIISOllllol. 1'11111 E. I.cl>o, uif
Hxc'!utor or thj~ Ill;.' 1.lIllt Will and Testament, but llhollld he P"(!f1f'f'''"sC! II... ,1/' filii 10 qllulify,
thall in llllCh event I nQlninate, constitute and appoint my thl'CH' .'lIilch"'II. AIIIlII I., (lI'ollll,
Mill';.' I~. Wert and C:lyfJo Lebo, or any of them, as co-Hlj:ef!lltol'S, :lIIl1 I I'III'tllf'I' .Ii"f'f't lhnl
nona or them shall be I'equired to post any bond to secll"o thc I'lIi thl'1I1 W'!'I'O"IlIlIIl"O of lIis
or her e1utios in the (:ommonwcaJth of Pennsylvania or in ony otllol' jlll'is";..1 iOll,
. IN Wl'rNHSS WIIKRHOF, r have herellnto set my IInn,11I1I1I SI'"I In this 1I1~' l./lsl Will
nnd 'rcHtumont, written on one (]) pa~e, this 12th dny of ^pl'il ~ 11111:1.
, .
"
," /1 ~
,': _.~~J"a:-_(SE^I.)
~~Dr
Mar~a t B. Lf'hl)
_..............- .
.:..~_.
Signed, scaled, published and declared by MARGARET E, 1.liIIO. III(! 'I'CSllltl'ix'llbove
I'lAmod, AS and tor her I.ast Will and Testament, in our IlI'csencc. wIIo, ill lu!r prClscnr.c, ut
, her request, and in tile presence of each other, have hereunto sllhs('ribed our nnmes us
..ttestlng witnesses.
~'- t.... , ^..,
~~id~
:..-
.
~rt n,~~
PETITIONER'S EXHIBIT "D"
-
....
-
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COJvlMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
CERTIFICATE OF SERVICE
I hereby certify that on this date, September 11, 2001, I mailed a copy of the foregoing
Amended Petition to the following persons and the following addresses by U. S. Mail, postage
prepaid, delivered to addressees only:
Roger B. Irwin
IRWIN, McKNIGHT & HUGHES
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, P A 17013
Mary E. Wert
41 Lebo Road
Carlisle, P A 17013
Anna L. Group
23 Church Road
Carlisle, P A 17013
Paul E. Group
23 Church Road
Carlisle, P A 17013
Larry E. Wert
41 Lebo Road
Carlisle, 013
Paul Bra ord Off, Esquire
A-tt-1 tan. ~t{~~
INRE; ESATATEOF
MARGARET E. LEBO,
DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P A
ORPHANS COURT 21-01-85
CITATION
We command, you that laying aside all business and excuses whatsoever, you be and appear in your
proper person before the Honorable Judges of the Court of Common Pleas, Orphans Court Division at a
session of the said Court there to be held, for the County of Cumberland to show cause why the Appeal of
Petition from the Decree of the Register of Wills admitting to probate a certain writing purporting to be the
Will of Margaret E. Lebo, deceased, dated the 7th day of July, 1997, should not be sustained, the Decree set
aside and a jury empaneled to try the following questions of fact:
(1) Whether or not at the time of the execution of the said writing the Decedent was a person of sound
mind?
(2) Whether or not the said writing was procured by undue influence, duress and/or constraint practiced
upon the said Decedent by Mary E. Wert and Anna L. Group?
(3) Whether or not the execution of the said purported Will was proper and valid?
Witness my hand and official seal of office at Carlisle, Pennsylvania, this 16th day of August, 2001.
Cumberland County, Carlisle, P A
My Commission expires on the 151 Monday
January, 2002.
INRE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
AND NOW, this ~ day of
,2001, upon consideration of the
annexed Petition, a Citation is awarded under the p ovisions of the Probate Estate and Fiduciary
Code, directed to Mary E. Wert and Anna L. Group, to show cause, if any exists, why the Appeal
of Petition from the Decree of the Register of Wills admitting to probate a certain writing
purporting to be the Will of Margaret E. Lebo, deceased, dated the 7th day of July, 1997, should
not be sustained, the Decree set aside and a jury empaneled to try the following questions of fact:
( 1) Whether or not at the time of the execution of the said writing the Decedent was a
person of sound mind?
(2) Whether or not the said writing was procured by undue influence, duress and/or
constraint practiced upon the said Decedent by Mary E. Wert and Anna L. Group?
(3) Whether or not the execution of the said purported Will was proper and valid?
BY THE COURT:
,
J.
IN RE: EST ATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
PETITION
TO THE HONORABLE, the Judge ofthe Orphan's Court Division, Cumberland County Court
of Common Pleas:
AND NOW, comes Clyde R. Lebo by his attorney, Paul Bradford Orr, Esquire, and THE
LAW OFFICES OF PAUL BRADFORD ORR, and respectfully represents:
1. That on the 22nd day of December, 2000, Margaret E. Lebo, died, a resident of the
County of Cumberland, Pennsylvania, leaving to survive her as the persons entitled to her Estate
under the Intestate Laws of the Commonwealth of Pennsylvania the following:
A. Clyde R. Lebo - son
47 Lebo Road
Carlisle, P A 17013
B. Anna L. Group - daughter
23 Church Road
Carlisle, P A 17013
C. Mary E. Wert - daughter
41 Lebo Road
Carlisle, P A 17013
2. That your Petitioner is a party in interest, being the son of the Decedent and one of
three heirs at law to the Estate of the Decedent, entitled to a one-third interest in the intestate
Estate of the decedent.
3. That a certain writing alleged to be the last will and testament of Decedent, (See
Page 1 of 4
attached and marked as Petitioner's Exhibit "A"), purporting to have been made on the 7th day of
July, 1997, was admitted to probate by the Register of Cumberland County as the Last Will and
Testament of the said Decedent and Letters Testamentary were granted to Mary E. Wert as
Executrix under the said writing.
4. That on May 10,2001, Petitioner filed a Petition Contesting the Validity ofa Last Will
and Testament.
5. On or about May 17, 2001, President Judge Hoffer reviewed Petition and entered an
Order requesting Petitioner's Counsel to modify Petition to conform with Orphan Court practice.
(See attached and marked as Petitioner's Exhibit "B").
6. That your Petitioner believes, and expects to be able to prove that, at the time of the
execution of the said writing, the physical and mental condition of the Decedent was greatly
impaired by illness and infirmity, and that she was not a person of sound mind, capable of
deposing by will of her Estate, and further that the said writing was procured by undue influence,
duress and constraint practiced upon the Decedent by Mary E. Wert and Anna L. Group, named
in the said writing under the requested Last Will and Testament of Margaret E. Lebo.
7. That the said purported Will was signed at a time when the Decedent was physically
infirm.
8. That on May 19, 1997, Dr. 1. Craig Jurgenson diagnosed Margaret E. Lebo as having
significant dementia as a feature of degenerative brain disease. (See attached and marked as
Petitioner's Exhibit "C").
9. That at the time Decedent executed the said purported Will, Decedent was not of
sound and disposing mind, not being aware of her natural heirs.
Page 2 of 4
10. That Petitioner asserts that the previously executed Will, dated April 12, 1983, was
executed at a time where the Decedent did in fact posses the capacity to execute her Last Will and
Testament. (See attached and marked as Petitioner's Exhibit "D").
WHEREFORE, your Petitioner prays This Honorable Court to award a citation under the
provisions of the Pennsylvania Probate, Estate and Fiduciary Code, directing all parties in interest
in the Decedent's Estate as heirs, relations or next of kin, devisees, legatees or executors, to wit,
Anna L. Group and Mary E. Wert, to show cause why the said Appeal should not be sustained
and the Decree of the Register set aside, and issue to be directed to be tried by a jury the
following questions of fact:
(1) Whether or not at the time of the execution of the said writing the Decedent was a
person of sound mind?
(2) Whether or not the said writing was procured by undue influence, duress and/or
constraint practiced upon the said Decedent by Mary E. Wert and Anna L. Group?
(3) Whether or not the execution of the said purported Will was proper and valid?
Respectfully Submitted:
Dat:1fl~1 0 I
Paul Bradford Orr, Esquire
Attorney for Petitioner
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court ill # 71786
Page 3 of 4
~
(b(Q)fJ)f
LAST WILL AND TESTAMENT
I, MARGARET E. LEBO, of Penn Township, Cumberland County, -Ptmnsylvania,
declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils
heretofore made by me.
1. I direct my executrix to pay all of my debts, funeral and administrative expenses as
soon as may be done conveniently after my decease.
2. I authorize and empower my executrix to sell any realty owned by me at my death and
not specifically devised herein, at either public or private sale, and to give good and sufficient
deeds therefor, in fee simple, as I could do if living.
3. I give, devise and bequeath all of my estate of every nature and wherever situate as
follows:
(a) 30% thereof to Anna L. Group,
(b) 10% thereof to Paul E. Group,
(c) 30% thereofto Mary E. Wert,
(d) 10% thereof to Larry E. Wert, and
(e) 20% thereof to Clyde R. Lebo
4. I nominate and appoint Mary E. Wert to be the executrix of this my Last Will and
Testament; she is to serve as such without bond. Should she die before my death, renounce or
refuse to serve for any reason, or die leaving any of my estate unadministered, I nominate and
appoin~ Anna L. Group, as substitute executrix, also to serve as such without bond, with the same
.
-
PETITIONER'S EXHIBIT "A"
I
powers as are given herein to my executrix.
5. I hereby suggest that my personal representatives retain the services of Irwin,
McKnight, & Hughes, as attorneys in the settlement of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7TH day of July,
1997.
. ~ pl)r:
M GA BO
Signed, sealed, published and declared by MARGARET E. LEBO, the testatrix above
named, as and for her Last Will and Testament, in the presence of us, who at her r~quest, in her
presence and in the presence of each other have subscribed our names as witnesses hereto.
~rff'~
'21(~of.lflMI
. .
:...-------
2
ACKNOWLEDGMENT AND AFFIDA VIT
WE, MARGARET E. LEBO, CHERYL L. CLELAND and MARTHA L. NOEL,
the testatrix and witnesses respectively, whose names are signed to the foregoing--imtrument,
being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed
and executed the instrument as her Last Will and that she had signed willingly, and that she
executed it as her free and voluntary act for the purpose herein expressed, and that each of the
witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the
best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound
mind arid under no constraint or undue influence.
frz ~,-? r:: k-k-
~/fi:?~
ERYL L. CLELAND
~;;e~--
MARTHA L. NOEL .
COMMONWEALTH OF PENNSYL VANIA
SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by, MARGARET E. LEBO, the
testatrix herein and subscribed and sworn to before me by CHERYL L. CLELAND and
MARTHA L. NOEL, witnesses, this 7TH day of July, 1997.
.'
~.~.-
bUe
Notarial Seal
Roger B. Irwin, Notary Public
Carlisle Bore, Cumberland County
My Commission Expires Oct. 3. 2000
Member, PlInneylvllnlA ASloclatlon of Notaries ____~
-
. -------:-
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
date.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
ORDER
, 2001, upon consideration of
1.
on the espondent to show cause why the Petitioner is not
- -----~
2.
Answer to the Petition within
days of this
3.
days of this date.
4.
, 2001, in Courtroom----
of
the Cumberland County Courthouse.
/"~ 5. Xl ~
~ ~~-
~~~
BY THE COURT:
~
/i/
.
J.
)/o(~ /?j
j
.
-
. .
PETITIONER'S EXHIBIT "B"
BELVEDERE MEDICAL CORPORATION
850 WALNUT BOTTOM ROAD
CARLISLE, PA 17013
Internal Medicine
J. CRAIG JURGENSEN, M.D. . NEUROLOGY
STEVEN L. HATLEBERG. M.D.
DAVID P. ALBRIGHT, M.D.
Consultant
JOSEPH E. GREEN, III, M.D.
May 19, 1997
",;;
Kenneth R. Guistwite, M.D.
522 South Pitt Street
Carlisle, PA 17013
RE: Margaret E. Lebo
OOB: 6/15/14
Dear Ken,
I exanined Margaret today in regard to her mental status. Her sister
escorted her today to the office. She describes frequent episodes of delusional
thinking over the past six rronths. Margaret occasionally reports "men in the
bathroan, and they won't leave". She has also had thoughts that "people out
there are doing sanething". In addition though, she has had steady
deterioration in marory over the past year. Her sister reports that she is
unable to reCi=ill even simple a:mnands. She has lived alone since the death of
her husband in 1995. Her daughters and neighbors have assisted the lady with
danestic activities, cleaning, shopping, etc. Margaret is no longer able to
make her main meal of the day. She has also had a number of falls recently. A
fall in the yard fran the standing posi tion a year ago caused a serious
laceration to the wrist.
On exan she converses in a mild mann'kr. She canprehends well. Memo:ry
function though is poor, she was unable to retain a four digit span. There is
no aphasia. Her result on the mini mental status exan is decreased to 24.
Facial recognition is poor, and she was unable to identify recent president of
the United States and a few public figures. Limb strength is fairly good.
There is no traoor. Stationart balance tnwever is decreased, and she walks
slowly.
-~;
l' (
She has I feel danentia as a feature of degenerative brain disease.
Results of the mental status test are significantly decre~. DeJ.usional and
other phychic symptoms may be stimulated with the use anticholinergic
medications. For this reason I have advised she discontinue the use of
Ditropan. Memory-enhancing medication is available recently, but I do not
believe will be useful at this stage. She is in need at this time of personal
assistance for tre activities of daily living.
Thank you very much.
.
Very truly y~1
~~n~
-
PETITIONER'S EXHIBIT "e"
-
I.AST WILL AND TESTA~ll';NT
OF
~1"IU1^1l1':T E. 1.1.;110
I, ~1,\I<C;AIlET E. LEBO, of Pcnn TowlIsliip, 11111)('1'1,,1101 I',,'., ['., 1"'lllIo.,\'11'1IIIi:..
beillg- of sOllnrl flnd nisfll),;ing mincl, mcmol'Y flncl llllde"stflndin~:', dol 11l'1;.I, III'd,,', flllllldl Hlld
d('c]a/'c tliis flS Hnd fOl' my Last Will and Tcstament, hef'(~b~1 1'('\'I)I,ill:~' ,",01 11I1I"in:; void 11111'
Hncl HII Wills by lIIe Ilt Ilny time heretofore made.
1. I "il'pel nil' hel'einnftpl' IIl1l11Pd EX('('1I1ol' 10 pilI' all "I' IIII' .ill' I IIt'IIi', '"101 1'11I1l'I'1I1
<'Xfl<'II''''o., 1I.S SIlOllllrt('I' IllY dellth IlS IIIIIY be 1'01111<1 ('ollvI'lIi"1I1 10 dol ::,J.
~. All tlie ,'p.sI, l'psidllP Hnd l'cmllillrlcl' of IIII' 1':,;1111", 1'1".1, 1"'1"""1."" "Ilfl IlIi"I'<I,
Ilnd whel'esoevel' the slime may be situate, I give, devise IInd tJI'C]IIl'illll 'n IIII' IlIlsl>lllld, 1'11111
E. Lebo, his Iwi/'s find Ilssigns, to the exclusion of my chilrll'en, 1'01'11 '"ld I IIltJOI'l1 , pl'Ovidp<I
lilY sairlllllsbnllrl, Paul E. I.('bo, shall slu'vive me by a j)CI'iorl of lIilH'1 \' (!III) ""V:;.
:1. Should my sllid husbanrl, Paul E. Lcbo, p,'edcccllsc 1111' 01' 1'" i I t () slll'V'i~IIP hI'
/l pe/'iod of ninety (9n) rlays, then in such event /lll the I'est, 1'C'o.,i"lIl' ',lid "('1I1"ill,It.'1' of illY
I\state, I'('al, personal and mixed, and wheresoever the same mill' tw .siI1l1l11', I 1':ivl', devis('
/lnd bequeath in equal shares to my three (3) children, their Iieil':; Iln<l nssip;ns, they bcinr;
Anna L. <Jroup, Mary I:, Wert, and Clyde Lebo, but should /lny of T1l~' 1 hl'pp childl'pn Iwvp
predeceased mc thcn the share sll('h deceased child would hHve I'cc'civpd shl/II pnss to Iiis
0/' hel' isslle, pCI' Stil'flCS, and if thcl'e be no issue, the same shull lnpsC' und be nclderl to the
othcr Shfll'('S, pel' sti"flCS.
4. I hereby nominate, constitute and appoint my snicl hllsball.!, I'alll I':. Lebo, ns
1':XC'I'lItO/' of' this my Last Will and Testament, but shollld he pr'C'dC"'C',l.sc 111" Ill' ('"il 10 qllnlif'y,
thcll in SlIch event I nominate, constitute and appoint my Ihl'C'" c'liilcl""II, 1\1111:1 L. (:I'Ollfl,
~lll"y E. We,'t and Clyde Lebo, or /lny of them, as co-Execlltol"', Illl" 1 I'III'\I\C'I' <lil'pct thnt
nonp of tl/('m shall be I'cquired to post any bond to SCClIl'P tl/(' hilhl'liI IlC'I'I'OI'lllHrIl'C' 01' his
01' her' dlllics in the Commonwealth of Pennsylvania or in /lny othel' .i"l'i.o.,di,'( iOll,
IN WITNESS WIIEREOF, I have hereunto set my Ilnnd 1Il1l1 sC'nl In t1lis IIIV I.nst Will
Ilnd TestHlllent. wl'itten on one 0) pa~c, this 12th dllyof ^flril . I !lil:l,
~ttAAof
Mar~a t E. LI'I)l)
.. //;
(': __~~~,C:::Q:---=-- (S E ^ Ll
Signed, scaled, published and declared by MARGARET E. LEBO, Ihe TC':;tntl'ix' above
named, as /lnd for her Last Will and Testament, in our pl'esencc, wlio, ill 111.'1' presence, at
hel' request, and in the presence of each other, have hereunto sl1Ilscl'ihed 0111' names ns
attesting- witnesses.
I/l_- / A
r ~ h-o.. ,
~~ ~~1
.
~p 1 n~_~
PETITIONER'S EXHIBIT "D"
-
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
CERTIFICATE OF SERVICE
I hereby certify that on this date, July 25, 2001, I mailed a copy of the foregoing Petition
to the following person and the following address by U.S. Mail, postage prepaid, delivered to
addressee only:
Paul Bradford 0 r, Esquire
~
---
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2001-085
IN RE: PRETRIAL CONFERENCE
At a pretrial conference held Monday, February
25, 2002, before the Honorable Edward E. Guido, Judge, present
for the Petitioner is Paul B. Orr, Esquire, and present for the
Estate is Douglas G. Miller, Esquire.
This is a will contest in which the only issue
1S the testamentary capacity of Ms. Lebo. Counsel estimate that
this case will take the better part of a day to try.
We indicated that we would allow the testimony
of the doctors to be taken by telephone only if all parties
agree. Otherwise, the doctors will have to appear in person, or
testify via videotape deposition.
The parties further agree that this is to be
tried in a bench trial. We have scheduled trial for the 19th
day of April, 2002, commencing at 8:30 a.m.
The parties are directed to complete all
discovery within 30 days of today's date. The parties are
further directed to assure the availability of their witnesses
on the day set for trial. We will not entertain a motion for a
continuance, unless it is for some dire emergency, unless that
motion is filed on or before March 22, 2002.
The parties are further directed to file a trial
brief setting forth the legal issues as they see them. Said
brief to be due at the commencement of trial.
6
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET E. LEBO,
Deceased
NO. 21-2001-0085 ORPHANS'
ORPHANS' COURT DIVISION
ORDER OF COURT
AND NOW, this 4TH day of JANUARY, 2002, a pretrial
conference in the above-captioned matter is SCHEDULED for Monday,
February 25, 2002, at 8:30 a.m. in Chambers of the undersigned
judge, Cumberland County Courthouse, Carlisle, Pennsylvania.
Pretrial memorandum shall be submitted by counsel in accordance
with C.C.R.P. 212-4, at least five (5) days prior to the pretrial
conference.
TRIAL in the matter will be scheduled at the pretrial
conference. Counsel are directed to have their calendars
available.
Roger B. Irwin, Esquire
Douglas Miller, Esquire
cc: Paul B. Orr, Esquire
Edward E. Guido, J.
Taryn Dixon
Court Administrator
nc
- .
::: (P
5- ~;:
(T";
~
:0$1
('DC;
!~~:?_. 1~:=!
'-
::l::>
Z.
I
-....I
;:t:::>
00
N
0\
.-,
COpy
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET E. LEBO,
Deceased
NO. 21-2001-0085 ORPHANS'
ORPHANS' COURT DIVISION
ORDER OF COURT
AND NOW, this 4TH day of JANUARY, 2002, a pretrial
conference in the above-captioned matter is SCHEDULED for Monday,
February 25, 2002, at 8:30 a.m. in Chambers of the undersigned
judge, Cumberland County Courthouse, Carlisle, Pennsylvania.
Pretrial memorandum shall be submitted by counsel In accordance
with C.C.R.P. 212-4, at least five (5) days prior to the pretrial
conference.
TRIAL in the matter will be scheduled at the pretrial
conference. Counsel are directed to have their calendars
available.
By t
cc: Paul B. Orr, Esquire
Roger B. Irwin, Esquire
Douglas Miller, Esquire
Edward E. Guido, J.
Taryn Dixon
Court Administrator
"'" ". r..,
..,....,.
'.\
".;;f,..S[Ff.tL:.._~?r)O I.. (\ J("
" UJYJ_ __~~
Cle(tJ);f~,i') Oipi\8J . Court
Cumberland County
COPY
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET E. LEBO,
Deceased
NO. 21-2001-0085 ORPHANS'
ORPHANS' COURT DIVISION
ORDER OF COURT
AND NOW, this 4TH day of JANUARY, 2002, a pretrial
conference in the above-captioned matter is SCHEDULED for Monday,
February 25, 2002, at 8:30 a.m. in Chambers of the undersigned
judge, Cumberland County Courthouse, Carlisle, Pennsylvania.
Pretrial memorandum shall be submitted by counsel in accordance
with C.C.R.P. 212-4, at least five (5) days prior to the pretrial
conference.
TRIAL in the matter will be scheduled at the pretrial
conference. Counsel are directed to have their calendars
available.
Roger B. Irwin, Esquire
Douglas Miller, Esquire
cc: Paul B. Orr, Esquire
Edward E. Guido, J.
Taryn Dixon
Court Administrator
,..<~
:~' '.:~;-'~td
IN RE: MARGARET E. LEBO, DECEASED
IN THE COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-2001-0085
CITATION
WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your
proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a
session of the said Court there to be held, for the County of Cumberland to show cause why ,IF ANY
EXISTS, WHY THE APPEAL OF PETITION FROM THE DECREE OF THE REGISTER OF WILLS
ADMITTING TO PROBATE A CERTAIN WRITING PURPORTING TO BE THE WILL OF
MARGARET E. LEBO, DECEASED, DATED THE 7TH DAY OF JULY, 1997. SHOULD NOT BE
SUSTAINED. THE DECREE SET ASIDE AND A JURY EMPANELED TO TRY THE FOLLOWING
QUESTIONS OF FACT:
(1) WHETHER OR NOT AT THE TIME OF THE EXECUTION OF THE SAID WRITING THE
DECEDENT WAS A PERSON OF SOUND MIND?
(2) WHETHER OR NOT THE EXECUTION OF THE SAID PURPORTED WILL WAS PROPER AND
VALID?
Witness my hand an official seal of office at Carlisle, Pennsylvania, this 10TH day of DEe., 2001.
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ORPHAN'S COURT DIVISION
NO. 21 - 2001 - 085
ANSWER TO PETITIONER'S AMENDED PETITION
AND NOW this 2ih day of December, 2001, come the Respondents, MARY E. WERT,
Individually and as Executrix of the Estate of Margaret E. Lebo, LARRY E. WERT, ANNA L.
GROUP, and PAUL E. GROUP, by and through their attorneys, Irwin, McKnight & Hughes,
and respectfully file this Answer to the Amended Petition of Clyde R. Lebo, and in support
thereof aver as follows:
1. The averments of fact contained in paragraph one (1) of the Amended Petition are
admitted in part and denied in part. It is specifically denied that all of the listed individuals are
entitled to a portion of the Decedent's Estate under the Intestate Laws of Pennsylvania. It is
admitted that the individuals are all named beneficiaries under the Last Will and Testament of
Decedent. The remaining averments of fact contained in paragraph one (1) are also admitted.
2. The averments of fact contained in paragraph two (2) are admitted in part and
denied in part. It is specifically denied that Petitioner is one of six heirs at law of Decedent and
that he is entitled to a twenty percent interest of the intestate Estate. It is admitted that Petitioner
is a party in interest entitled to receive a twenty percent (20%) share of Decedent's probate
Estate in accordance with her Last Will and Testament dated July 7, 1997.
3. The averments of fact contained in paragraph three (3) are admitted.
4. The Petition referenced by Petitioner in paragraph four (4) speaks for itself and
therefore no response is required.
5. The Order of Court referenced by Petitioner in paragraph five (5) speaks for itself
and therefore no response is required.
6. The averments of fact contained in paragraph six (6) are admitted.
7. The averments of fact contained in paragraph seven (7) are admitted.
8. The averments of fact contained in paragraph eight (8) are admitted.
9. The averments contained in paragraph nine (9) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
10. The averments contained in paragraph ten (10) are specifically denied and strict
proof thereof is demanded at trial.
11. The Letter from Dr. Jurgensen referenced by Petitioner in paragraph eleven (11)
speaks for itself and therefore no response is required. To the extent a response is required, the
averments are specifically denied and strict proof thereof is demanded at trial. By way of further
answer, Dr. Jurgensen does not state that the Decedent had "significant" dementia. Dr.
Jurgensen actually states that the Decedent "comprehends well."
12. The averments contained in paragraph twelve (12) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
13. The averments contained in paragraph thirteen (13) are specifically denied and
strict proof thereof is demanded at trial.
WHEREFORE, Respondents, MARY E. WERT, Individually and as Executrix of the
Estate of Margaret E. Lebo, LARRY E. WERT, ANNA L. GROUP, and PAUL E. GROUP,
respectfully request this Honorable Court to enter a judgment in their favor and against Petitioner
in this matter, together with reasonable costs and attorney fees, and such other and further relief
as this Court deems just.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
By:
Dated: December 27,2001
Roger B.
Supreme ourt ID # 06282
Douglas G. Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Respondents
VERIFICATION
The foregoing document is based upon infonnation which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, infonnation and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
L/4
ANNA L GROUP
PJ? ~ L>
PAULE. GROllJ ~
Date:
DECEMBER 27
, 2001
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, P A 17013
Attorney for Petitioner
Date: December 27,2001
IRWIN, McKNIGHT & HUGHES
~:4. &&
Douglas . Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Respondents
DEC-OS-2001 11 :53AM FROM-IRWIN, MCKNIGHT & HUGHES LAW OFFICES
+71 7249S354
T-S93 P.001/OOl F-750
COpy
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21 - 2001 - 085
STIPULATION BETWEEN COUNSEL
To the Orphan's Court:
Pursuant to an in-chamber conferellce between counsel for the parties on Friday, October
26,2001, please withdraw the Preliminary Objections of Executrix, filed on August 17,2001 in
response to the Petition Contesting the Validity of the Last Will and Testament filed on July 26,
2001. Counsel for the parties also request that the Court sign the Order of Court attached to the
Petitioner's Amended Petition filed on September 11) 2001, and issue the appropriate Citations
to the four individuals named in said Order of Court.
N "t".,:: <:(
l""\
'"0 :~ 0....
::"'l C) '.~I
EE -) d
~ ?: .:)
.. 1.0 . 1~'.J
- - '.
(-'.
'1.j ,"' e; L"t\
.:.!, '-
~. " z (0
15 .C) -~
~>=
" QJ - ai::=
ala: p
cc 5u
Miller, Esquire
Supreme ourt ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Respondents
Paul Bradfo:ra r, Esquire
Supreme Court ID # 71786
50 East High Street
Carlisle, Pennsylvania 17013
(717) 258-8558
Attorney for Petitioner
Dated: November 2,2001
Post-it'" Fax Note
To
7671
Co.
\. /6-020a~/y
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
*'
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. Z80601
HARRISBURG, PA 171Z8-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT 1 ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
REV-1541 EX AFP 1l2-DDl
11-05-2001
LEBO
12-22-2000
21 01-0085
CUMBERLAND
101
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
MARGARET
E
ROGER B IRWIN ESQ
IRWIN ETAL
60 W POMFRET ST
CARLISLE PA 1701Z.
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE1 PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REY:is4j-eY-AFP--ci'2-:0oY-NOYice--OF-iNHeififitNcE-YAX-APPRAisEMENT~--Ai:.l-owitNcE-(fR-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF LEBO MARGARET E FILE NO. 21 01-0085 ACN 101 DATE 11-05-2001
TAX RETURN WAS: (X) ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule DJ
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
CHANGED
89,900.00
.00
.00
.00
8,859.15
.00
.00
(8)
NOTE: To insure proper
credit to your accountl
subllit the upper portion
of this forll with your
tax paYllent.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
98,759.15
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governllental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
81958.41
33.826.29
(11)
(12)
(13)
(14)
(9)
(10)
42.784 70
551974.45
.00
55,974.45
NOTE: I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect ~igures that include the total o~ ~ returns assessed to date.
ASSESSMENT OF TAX:
15. Allount of Line 14 at Spousal rate
16. Allount of Line 14 taxable at Lineal/Class A rate
17. Allount of Line 14 at Sibling rate
18. Allount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
(15) .00 X 00 = .00
(16) 551974.45 X 045 = 2,518.85
(17) .00 X 12 = .00
(18) .00 X 15 = .00
(19)= 2,518.85
TAX CREDITS:
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-J
09-18-2001 CDOO0272 .00 2,518.85
TOTAL TAX CREDIT 2,518.85
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.J
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
E
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
MARGARET E. LEBO
Date of Death:
December 22, 2000
Estate No.:
21-01-0085
To the Register:
I certify that notice of the beneficial interest required by Rule 5.6(a) of the Orphan's
Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate
on Februarv 6, 2001
Name
Address
Mary E. Wert
Larry E. Wert
Anna L. Group
Paul E. Group
Clyde R. Lebo
41 Lebo Road, Carlisle, PAl 7013
41 Lebo Road, Carlisle, PA 17013
23 Church Road, Carlisle, P A 17013
23 Church Road, Carlisle, P A 17013
47 Lebo Road, Carlisle, PAl 7013
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except none.
Date:
02/06/0 I
~,~
T & HUGHES
Name Roger B. Irwin, Esquire
Address 60 West Pomfret Street
Carlisle, PAl 7013
Telephone (717) 249-2353
Capacity:
Personal Representative
x
Counsel for Personal Representative
G .1
'')i\
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21 - 2001 - 085
STIPULATION BETWEEN COUNSEL
To the Orphan's Court:
Pursuant to an in-chamber conference between counsel for the parties on Friday, October
26,2001, please withdraw the Preliminary Objections of Executrix, filed on August 17,2001 in
response to the Petition Contesting the Validity of the Last Will and Testament filed on July 26,
2001. Counsel for the parties also request that the Court sign the Order of Court attached to the
Petitioner's Amended Petition filed on September 11, 2001, and issue the appropriate Citations
to the four individuals named in said Order of Court.
N .'C
c;) CL
(l) 0
-"" 2
\0
..-
E; (\:1
't,,) ('i)
Z
"... ..0
() ,~~
,..." - - s=
'-'
<D P (\) ::
a: fj U
Paul Bradfo 0 r, Esquire
Supreme Court ID # 71786
50 East High Street
Carlisle, Pennsylvania 17013
(717) 258-8558
Attorney for Petitioner
Dated: November 2,2001
IN RE: EST ATE OF MARGARET E.
LEBO, DECEASED
OCT 2 42001
IN THE COURT OF COMMON PLEAS OF Q.~
: CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21- 2001- 085
ORDER OF COURT
AND NOW, this
day of
, 2001, upon consideration of the
Preliminary Objections of the Executrix of the Estate of Margaret E. Lebo to the second filed
Petition of Clyde R. Lebo, it is hereby ORDERED that said objections are sustained and the
Petition Contesting Validity of the Last Will and Testament of Margaret E. Lebo dated July 7,
1997, is dismissed.
Alternatively, it is hereby ORDERED that the claims of the Petitioner, Clyde R. Lebo, of
undue influence, duress, and constraint should be stricken for lack of the required specificity and
that this ground for contest not be considered by the Court or evidence be allowed in support
thereof.
BY THE COURT,
J.
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21- 2001- 085
PRELIMINARY OBJECTIONS OF EXECUTRIX
TO PETITION CONTESTING VALIDITY OF THE
LAST WILL AND TEST AMENT
AND NOW this ~ day of August, 2001, comes the Executrix of the Estate of
Margaret E. Lebo, MARY E. WERT, by and through her attorneys, Irwin, McKnight & Hughes,
and make the following Preliminary Objections to the Petition filed by CLYDE R. LEBO, by
and through his attorney Paul Bradford OIT, Esquire, and in support thereof asserts the following:
I. Preliminary Objection for Failure of Pleadinl! to Conform to Law or Rule of Court
1. Cumberland County Orphans' Court Rule 10.1-1 provides in part that a petition
shall set forth the names of all parties in interest, including any not a party of record.
2. The Petition fails to set forth the names of all parties in interest in conformance
with Rule 10.1-1. In particular, the Petition fails to name Paul E. Group and Larry E. Wert,
named beneficiaries in the Last Will and Testament of Margaret E. Lebo, dated July 7, 1997, and
admitted to probate.
3. As stated in his Certificate of Service, Petitioner then only provides for service of
his Petition on Roger B. Irwin, Esquire, the Attorney for the Estate of Margaret E. Lebo.
4. Petitioner fails to effectuate service of the Petition on all of the parties in interest
in this matter.
5. Pa. R. Civ. P. No. 1024 requires that every pleading containing an averment of
fact not appearing of record in an action include a signed verification.
6. Specifically, Rule 1024 provides that the affidavit "shall state that the averment or
denial is true upon the signer's personal knowledge or information and belief and shall be
verified. "
7. Page Four of the Petition purportedly contains the Petitioner's signature, but does
not comply with Rule 1024 in that it does not state that the averments are true upon the signer's
personal knowledge or information and belief.
8. Respondent therefore preliminarily objects to the Petition on the grounds that it
fails to conform Cumberland County Orphans' Court Rule 10.1-1, fails to effectuate service on
all parties in interest in this matter, and fails to be properly verified.
WHEREFORE, the Executrix of the Estate of Margaret E. Lebo, MARY E. WERT,
respectfully requests this Honorable Court to grant her Preliminary Objections on the grounds
that the Petition fails to conform to law and rule of court, and therefore the claims of the
Petitioner, Clyde R. Lebo, should be dismissed.
15. The parties of interest in this action cannot adequately prepare an answer and
defense to this Petition with its bare allegations of undue influence, duress, and constraint.
16. Respondent preliminarily objects to the Petition on the grounds that it contains
insufficient specificity regarding its claims and allegations.
WHEREFORE, the Executrix of the Estate of Margaret E. Lebo, MARY E. WERT,
respectfully requests this Honorable Court to grant her Preliminary Objection on the grounds that
the Petition contains insufficient specificity regarding its claims and allegations, and therefore
that the claims of the Petitioner, Clyde R. Lebo, of undue influence, duress, and constraint should
be stricken for lack of the required specificity and that this ground for contest not be considered
by the Court or evidence be allowed in support thereof.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
By:
Dated: August R, 2001
Roger Irwin, squire
Supreme Court ID # 06282
Douglas G. Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Respondent
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, P A 17013
Attorney for Petitioner
Mr. and Mrs. Paul E. Group
23 Church Road
Carlisle, P A 17013
Date: August 17,2001
IRWIN, McKNIGHT & HUGHES
1-
Douglas . Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Respondent
::t:
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21 - 2001 - 085
PRAECIPE FOR WITHDRAWAL OF
PRELIMINARY OBJECTIONS OF EXECUTRIX
To the Orphan's Court:
Pursuant to Order of Court, dated May 17, 2001, and the in-chamber proceedings with
counsel for the parties on that date, please withdraw the Preliminary Objections of Executrix to
the Petition Contesting Validity of the Last Will and Testament of Margaret E. Lebo, filed on or
about May 15,2001, in the above captioned matter.
Douglas . M. er, Esquire
Supreme ourt ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Respondent
Dated: May 21, 2001
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
IRWIN ROGER B ESQ
60 W POMFRET ST
CARLISLE, PA 17013
-------- fold
ESTATE INFORMATION: SSN: 174-05-2316
FILE NUMBER: 21-2001- 0085
DECEDENT NAME: LEBO MARGARET E
DATE OF PAYMENT: 09/18/2001
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 12/22/2000
NO. CD 000272
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $2,518.85
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$2,518.85
REMARKS: ROGER B IRWIN
CHECK#17897
SEAL
INITIALS: VZ
RECEIVED BY:
REGISTER OF WILLS
MARY C. LEWIS
REGISTER OF WILLS
Register of Wills of
CUMBERLAND
County, Pennsylvania
INVENTORY
Estate of Margaret E. Lebo
No. 21-01-085
also known as
Date of Death 12/22/2000
,Deceased Social Security No. 174- 05 - 2316
Mary E. Wert,
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following Inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned
no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this
Inventory. I /We verify that the statements made in this Inventory are true and correct. I/We understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
06282
Personal Representative
Signature: r~
Mary E. ~r~
~
Name of
Attorney:
Roger B. Irwin Esq.
1.0. No.:
Signature:
Address:
60 West Pomfret Street
Address: 41 Lebo Road
Carlisle, PA 17013
Carlisle, PA 17013
Telephone: 717/249- 2353
Telephone: 717
Dated:
Description
Value
(See continuation page(s) attached)
(Attach additional sheets if necessary)
Total:
98,759.15
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
Prepared by the Pennsylvania Bar Association
~nnvrinht (d 1996 form software only CPSystems, Inc.
Form #RW-7 (1992)
Estate of:
Date of Death:
County:
INVENTORY
Margaret E. Lebo
12/22/2000
Cumberland
CASH:
Orrstown Bank, checking
account
=-.101.40
PERSONAL PROPERTY:
Public Sale Proceeds
S,757.75
REAL ESTATE/PA:
49 Lebo Road, Penn Township,
Cumberland County - Agmt. of
Sale attached
89,900.00
TOTAL RECEIPTS OF PRINCIPAL... ............
-1-
,~ ,101. 40
5,757.75
89,900.00
98,759.15
,
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
the
h 0
AND NOW, this ~ day of
, 2001 ,.upon consideration of
the foregoing Petition, it is hereby ordered that:
1.
not
rthousep'>:>:'v
~::// ..
.' .~
.p/ .'.?
, . e oi~ntry of is
-....-:;:.-~"
~+
~~ JJ J
~ ~
t:~ ~ ~
5.
BY THE COURT:
~
f2J ·
IN RE: ESTATE OF MARGARET E.
LEBO, DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
PETITION CONTESTING THE VALIDITY OF A
LAST WILL AND TEST AMENT
TO THE HONORABLE, THE JUDGES OF THE CUMBERLAND COUNTY
COURT OF COMMON PLEAS, comes the Petitioner, Clyde R. Lebo, by and through his
attorneys, The Law Offices of Paul Bradford Orr, state the following:
1. Clyde R. Lebo, a Beneficiary of the Estate of Margaret E. Lebo, his mother, is a
resident of Cumberland County, Pennsylvania, living at 47 Lebo Road, Carlisle, Pennsylvania,
17013.
2. The deceased, Margaret E. Lebo, died on December 22,2000, at Green Ridge,
Newville, Cumberland County, Pennsylvania.
3. Letters Testamentary were issued to the personal representative, Mary E. Wert, on
or about February 6, 2001 by the Cumberland County Register of Wills at No. 21-01-085.
4. The Last Will and Testament offered to the Register of Wills of Cumberland
County for Probate was dated July 7, 1997.
5. On May 19, 1997, Dr. J. Craig Jurgenson diagnosed Margaret E. Lebo as having
significant dementia as a feature of degenerative brain disease. (See attached as Petitioner's
Exhibit "A")
6. Petitioner asserts that at the date of the writing, July 7, 1997, Testatrix was not of
sound disposing mind, memory nor understanding and lacked testamentary capacity.
7. Petitioner asserts the writing was obtained from the decedent by fraud and undue
influence of Mary E. Wert and Anna L. Group, the named Executrixes in the July 7, 1997
writing.
8. Petitioner asserts that the previously executed Will, dated April 12, 1983, was
executed at a time where the Testatrix did in fact possess the capacity to execute her Last Will
and Testament. (See attached and marked as Petitioner's Exhibit "B")
9. Petitioner has knowledge that an informal sale, not advertised, is scheduled for
Saturday, May 19,2001, whereby both real property and personalty will be liquidated.
WHEREFORE, Petitioner requests that:
A. A hearing be scheduled in order for the Petitioner to challenge the mental capacity
of the Testatrix at the time Testatrix executed her Last Will and Testament;
B. A Rule be issued directing the Executrix, Mary E. Wert, to immediately halt
further liquidation of the Estate of Margaret E. Lebo, within seven days.
s /0/0 I
ul Bradford Orr, Esquire
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court ID# 71786
Attorney for the Petitioner
Date:
BELVEDERE MEDICAL CORPORATION
850 WALNUT BOTTOM ROAD
CARLISLE. PA 17013
Internal Medicine
J. CRAIG JURGENSEN. M.D.. NEUROLOGY
STEVEN L. HATLEBERG, M.D.
DAVID P. ALBRIGHT, M.D.
Consultant
JOSEPH E. GREEN. III. M.D.
May 19, 1997
,.'
Kenneth R. Guistwite, M.D.
522 South Pitt Street
Carlisle, PA 17013
RE: Margaret E. Lebo
OOB: 6/15/14
Dear Ken,
I exanined Margaret today in regard to her mental status. Her sister
escorted her today to the office. 'She describes frequent episodes of delusional
thinking over the past six rronths. Margaret occasionally reports "men in the
bathrocm, and they won't leave". She has also had thoughts that "~oI2le out
there are doing sanething". In addition though, she has had steady
deterioration in man::)J:y over the past year. Her sister reports that she is
unable to recall even simple ccmnands. She has lived alone since the death of
her husband in 1995. Her daughters and neighbors have assisted the lady with
danestic activities, cleaning, shopping, etc. Margaret is no longer able to
make her main meal of the day. She has also had a number of falls recently. A
fall in the yard fran the standing positi0n a year ago caused a serious
laceration to thl? wrist.
On exan she converses in a mild mann'kr. She canprehends well. Memory
function though is poor, she was unable to retain a four digit span. There is
no aphasia. Her result on the mini mental status exan is decreased to 24.
Facial recognition is poor, anq. she was unable to identify recent president of
the United States and a few public figures. Limb strength is fairly good.
There is no tranor. Stationary balance oowever is decreased, and she walks
slowly.
i ,-(. ,'"
She has I feel danentia as a feature of degenerative brain disease.
Results of the mental status test are significantly decre~. De~usional and
other phychic symptans may be. stimulated with the use anticholinergic
rredications. For this reason I have advised she discontinue the use of
Ditropan. Mallory-enhancing medication is available recently, but I do not
believe will be useful at this stage. She is in need at this t.ime of -personal
assistance for tre activities of daily living.
Thank you very much.
Very truly yo
0~
..
JCJ/das
PETITIONER'S EXHIBIT "A"
['/\ST WILL AND TESTAl\ll':NT
OF
M'\IU1^HI':T E. I.FIIO
I, 1\1.\I{<:AHI':'I' E. LEBO, of I'enn Township, IlIlh(,I'I;,lIo1 ,'",: I.', 1"'llllsvlv1IIIiu.
beillg' 0[' soun<i and ois[lo!;ing miml, memol'y and undel'stHndin~;. (1ol l'i'lil! 1I1',L,', [llJlllisl1 11l1d
dcc!a,'e this flS Hnd fO\' my Last Will and Testament. hC'I'('b~f l'('l'olkilli': :lJ:,1 1IJ1Ikin:; void 1IIIV
Rnd all Wills b" me flt nllY time herctofore made.
\. I lIil'l'c.t IllV hCI'('inafl('I' lIamed ExeC'1I1ol' 10 pay ;tll ,,/, III\' jlll dl'l>l'; "lid 1'11111"'111
t'X\WII''''S 1IS S"Ollllflt'1' Ill\' dCllth liS 11111" be fOlllld ,'ollvt'lIi"1I1 10 dol "d.
'2. 1\11 thl' I'l'.st, I'csi<iue Ilnd reITHlill(1c,' or In" 1,::;1111<'. ,',,;01. 1"'1";"":" ;111" IIlix<'d.
Ilnd whel'eSOI'Vel' the SIlI1lC mil" bc situate, I g'ive, (ll'vise Ilnd 1\<'<1'"'11111 lel 111\' IllJ.':lll1nd, 1'11111
E. Lebo, his heirs and assigns, to the exclllsion of m" chilc1"CII, 1'1>1"11 ;lIi" "Ilbo,'n. pl'ovided
Ill" saio husballo, 1'11111 E. Lebo, shnll slll'vive me by a pel'ioc1 of lIilH't" (!III) ",,\'!.;,
:1. Should my snid husband, Paul E. Lebo, pr'edeccase Illl' 01' f"iI 10 slIl'vive l1Ie bv
a pel'ioo of ninety (9ll) rlays, then in such event flll the I'est, "('sidlJ(' ,,1Ir! 1'('J(11Iill"C'1' of illY
I~state, I'efll, personal and mixed, flnd wheresoever the some mny tw .silllnl<', I i','ivp, devise
nnc1 bequeath in eqllal shares to my three (3) children, their heil"; nnrl :lssii':ns, tltey beinr:
Anna L. (]rollp, Mary I:, Wert, and Clyde Lebo, bllt should nn" of m,v 1 It "('(' ..hildl'en hnve
predeceased me then the share sllch deceased child would have I'('('('ived shnll p~~o Itis
01' hel' isslle, pCI' stir'flcs, and if ther'e be no issue, tlte Sllllle shull l:lflse nnd be nrldcrl to tlte
ot Iter' sllfll'es, p('r' stir'flcs.
4. I hereby nominate, constitute and appoint my snid t I\r.SbH II. I, I'illi! E, Lebo, as
1':xe('utOl' of tltis m" Last Will and Testament, but shollld he fl,'cd('f'('n.sC' Iii, <1I' rilil 10 qllulify,
(It('1l in .sllch event I nominate, constitute and appoint m" (hl"(,(' (.ltili/I'('Il,AIII'" L. < :"OIlP,
~li"'\' E. Wer.t Ilnd Cl"de Lebo, or any of them, as co-Execllto,',;, nwl I 1'111'111('" di,'('C't that
nonc of tltcm shall be I'equired to post any bond to secur'c th(' r,litltl'1I1 Ill'l'rOI'Il"III1'(, of Ilis
01" hC'l' d'lties in the Comlllonwealth of Pennsylvania or in an" othel' .illl'i.,di,'lioll,
IN WITNESS WIIEREOF, I have hel'elmto set my Itllnri nlld s(';1I 10 lI,is 111\' Lnst Will
nnd Testument, wr'itten on one (1) pag-e, this 12th dfl" of Afll'il . t!HU.
/1 :1'"
(: ___~~.{Q---=--(SI':ALl
Sig'ned, scaled, published and declared by MARGARET E. LEIIO. lite Te:;tat,'ix above
named, as and for her Last Will and Testament, in our pl'esen('e. WIIO, ill 1":1" pr('scnC'e, at
hel' request, and in the presence of each other, have hereunto slIbscribed 0111' _n~s as
attesting witnesses.
I/L- / A
r~...... ,
~~~~j
Page 1 of 1 Pag-e
PETITIONER'S EXHIBIT "B"
VERIFICATION
I verify that I am the petitioner and that the statements made in the foregoing
Petition are true and correct. I understand that false statements herein are made subject
to the penalties of Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
DATE:_1 / ~ / 0 !
c0) \]J . 7'( ~ JL.- - -J? <-
Clyde . Lebo, PetItIoner
RE: ESTATE OF MARGARET E. : IN THE COURT OF COMMON PLEAS OF
LEBO, DECEASED : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 21-2001-085
CERTIFICATE OF SERVICE
I hereby certify that on this date, May 10, 2001, I mailed a true copy of the Petitioner Contesting
the Validity ofa Last Will and Testament to the following person at the following address by U.S. Mail,
Certified mail, postage prepaid, return receipt requested, delivered to addressee only:
Roger B. Irwin
IRWIN, McKNIGHT & HUGHES
West Pomfret Professio al Building
60 West Porn tre t
Carlisle, P A 7013