HomeMy WebLinkAbout12-01-05
IN RE: ESTATE OF
JOSEPH A. CHARETTE,
Deceased, Late of the Borough of
Camp Hill, Cumberland County,
Pennsylvania
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: IN THE COURT OF COMMON-_fLEAS~~F
: CUMBERLAND COUNTY, PENNSVL VANIA
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ORPHAN'S COURT DIVISION
NO.
PETITION TO ADMIT COpy OF
ORIGINAL WILL TO PROBATE
AND NOW this 1 sl day of December, 2005, comes Petitioner, EMMA HENRY, by and
through her attorneys, Irwin & McKnight, and respectfully petitions this Court to admit to
probate a copy of the original Last Will and Testament of the Decedent, Joseph A. Charette, and
in support thereof avers as follows:
1. Petitioner is Emma Henry the long-time friend and companion of Joseph A.
Charette (the "Decedent"), who died on April 8, 2005, a resident of 208 Senate A venue, Camp
Hill, Cumberland County, Pennsylvania.
2. Decedent was predeceased both by his spouse, Lorraine A. Gosselin, born
October 23, 1921, and by his only child, Pauline A. Whitcomb, born October 21, 1945.
3. Decedent's daughter died on or about August 31, 1993, and upon information and
belief, Decedent's spouse died shortly thereafter.
4. Both Decedent's only child and his spouse are buried in Massachusetts.
5. Petitioner IS not aware of the existence of any other survIvmg relatives of
Decedent.
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6. On July 19, 1994, Decedent executed a Last Will and Testament which was
prepared by his friend and attorney, Harry G. Banzhoff.
7. Decedent executed the Last Will and Testament at the office of his attorney,
Harry G. Banzhoff, in his presence and in the presence of his attorney's son, Robert K. Banzhoff,
both of whom acted as subscribing witnesses.
8. Petitioner is the sole beneficiary under the Last Will and Testament dated July 19,
1994, and is named as the Executrix. A true and correct copy of the Last Will and Testament
dated July 19, 1994, bearing the signatures of Decedent, his attorney, and his attorney's son is
attached hereto and incorporated herein as Exhibit "A."
9. The copy of Decedent's Last Will and Testament attached as Exhibit "A" was
located along with his other important paperwork and documentation, including bank records,
military records, and insurance papers.
10. Decedent's attorney, Harry G. Banzhoff, is no longer practicing law in the
Commonwealth of Pennsylvania and is formally listed as inactive with the Supreme Court of
Pennsylvania.
11. Upon information and belief, the original will was never in Decedent's possession
and he never gave any instructions to his attorney regarding the revocation or destruction of said
will.
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12. Decedent's attorney, Harry G. Banzhoff, is unable to locate the original Last Will
and Testament of Decedent dated July 19, 1994. An original affidavit signed by Mr. Banzhoff
and notarized is attached hereto and incorporated herein as Exhibit "B."
13. After diligent search, Petitioner has also been unable to locate the original will of
Decedent dated July 19, 1994, a copy of which is attached hereto as Exhibit "A," and upon
information and belief avers that the original was not revoked or destroyed by Decedent.
14. Furthermore, Petitioner is not aware of Decedent executing or having prepared
any subsequent will to that prepared and signed by Decedent on July 19, 1994.
15. The assets of Decedent's estate include a savings account and several Certificate
of Deposits in Decedent's name at Citizen's Bank.
16. In addition, at the time of his passing Decedent and Petitioner were jointly named
as the owners of a Certificate of Deposit at Citizen's Bank.
17. In the absence of Decedent's Last Will and Testament dated July 19, 1994, no
other individual is named to serve as executor or executrix, no other relative exists to serve as
administrator, and Petitioner would receive only the jointly held Certificate of Deposit. and not
the remaining assets of Decedent.
WHEREFORE, Petitioner respectfully requests that a citation be awarded and directed
to be published one (1) time each in the legal journal and newspaper of general circulation of
Cumberland County, Pennsylvania, to show cause why the photocopy of the Last Will and
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Testament of Joseph A. Charette dated July 19, 1994, should not be admitted to probate as if it
were the original.
Respectfully Submitted,
IRWIN & McKNIGHT
Dated: December 1, 2005
By:
Douglas . Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Petitioner
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or
JOSEPH A. CHARETTE
f, JOSEPH A. CHARETTE of208 Senate Avenue, Camp Hill, Commonwealth of
Pennsylvania, hereby declare the following to be my Last Will and Testament, hereby revoking nil
Wills and Codicils heretofore made by me.
FI RST: I direct that all my just debts, expenses of any last illness and funeral expenses
indllcfillg ~IlY grnvemarker, shall be naid from my estate as SOOI1 as practicable aner illY decease as
a patt of the administration of my estate.
SECONU: r hereby confirm the instructions which I have given to my Executrix, EMMA
HENRY, that my body be cremated.
'1'111 RI): r hereby bequeath my entire estate, real, personal, or mixed wherever situated,
of which I may die seized or possessed, to EMilI/fA HENRY of Elizabethtown, Pennsylvania, per
stirpes.
FOIl RTII: J hereby nominate and appoint EMMA HENRY of Elizabethtown,
Pennsylvania, as Executrix, of this my Last Will and Testament. f direct that my Executrix shall .
not be required to give bond for the f:1ithful performance of her duties in any jurisdiction.
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COMMONWEALTlJ OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
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ss:
WE, JOSEPH A CHARETTE, HARR \' G. I3ANZflOFF, and ROBERT K.
BANZHOFF, the Testator and the Witnesses, respectively, whose nallles are signed to the
fo rego ing i nstrulll ellt, being first duly s worn, do h erehy deel a re to t he undersigned aut ho rity thot
the Testator signed and executed Ihe instrumenl as his Last Will and Ihat he signed willingly, and
that he executcd it as his free and Volunlary act for thc purpose thercin expressed, ond II10t each of
Ihe IVilnesses, in the presence ond heoring of the Teslolor, signed the Will os wilness and thaI 10
the best of hi S k now/edge, the T esto lor wos all he time, of sou nd mi nd and under no const roint or
undue influence.
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JOSEPH A CHARETTE, Testator
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WITNESS /
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Subscribed, SWorn to and acknowledged before me by JOSEPf I A. CHARETTE, the
Testolor, ond subscribed ond SWorn before Ille by HARRY G. BANZHOFF and ROBERT K
BANZHOFF, witnesses, this
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,1994.
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Three Pages, this being Page TvJd~
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JOSEPll A. ClIARETTE
SIGNED, SEALED, PIIIIUSIIED ANO OECLAREO by the ahove named Testalor,
JOSEPH A. CHARETTE, as his Last Will aod Teslarnenl, in the presence of us, who, al his
request, io his presence and in the presence of each other, have hereunto subscribed our names as
witnesses.
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of
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of
Mecl1anicsburg, Pennsylvania
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IN RE: ESTATE OF
JOSEPH A. CHARETTE,
Deceased, Late of the Borough of
Camp Hill, Cumberland County,
Pennsylvania
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ORPHAN'S COURT DIVISION
NO.
AFFIDA VIT OF SCRIVENER OF
LAST '''ILL AND TESTAMENT OF JOSEPH A. CHARETTE
I, HARRY G. BANZHOFF, retired Attorney from the Commonwealth of Pennsylvania,
submit this Affidavit in Support of the Petition to Admit Copy of Original Will to Probate in the
above-captioned matter, and being duly sworn according to law, depose and say the following:
Pennsyl vania.
Testament of Joseph A. Charette, I was a licensed attorney of the Commonwealth of
1. In 1994, at the time of the preparation and execution of the Last Will and
practice of law.
2. r am also a former administrative law judge and am currently retired from the
the Petition as Exhibit "A."
requested that I prepare a wil1 for him, a true and correct copy of which document is attached to
3. In 1994 I was also a friend and acquaintance of Joseph A. Charette, and he
time it was signed, Mr. Charette did not have any close, living relatives.
4. It is my recollection that at the time the document was prepared as well as at the
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whereabouts.
and files I have not been able either to locate the original signed will or to determine its
5. I do not recall where the original will was located, and after reviewing my notes
to revoke, destroy, amend or change his Last Will and Testament.
6. Prior to his decease, Mr. Charette never requested or gave any instructions to me
in accordance with the Last Will and Testament signed on July 19, 1994.
7. To the best of my knowledge, Mr. Charette desired that his estate be administered
COl\fl\fON\VEAL TH OF PENNSYL VANIA
lY'1JD0 d : SS
COUNTY OF €UMB~RI. ! NO
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On this, the A ~~ay of Novemher, 2005, hefore me, the uodersigned officer, personaJly
appeared HARRY G. BANZHOFF, known to me (or satisfactorily proven) to be the persons
whose names are subscribed to the within instrument, and acknowledged that they executed same
for the pUrposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
Notary Public
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(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
NOlariai Seal
. Jane E. Scott, Notary Public
CIty of .H'!'Tisburg, Dauphin County
My CommIssIOn Expires March 26. 2007
Member~h)r;nSYlval1la ,~Ssocial'icn of Not::iriet;
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VERIFICATION
The foregoing document is based upon infonnation which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, infonnation and belief. I
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.
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EMMA HENRY
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