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Home My WebLink About02-13-06 IN RE: ESTATE OF COLLEEN M. NICHOLSON : REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 729 PETITION FOR RELIEF AND NOW COMES, the Petitioner, Amanda J. Nicholson, by and through her attorney, Jane Adams, Esquire, and presents the following petition: 1. Petitioner is Amanda J. Nicholson, an adult individual residing at 154 B. West Penn St., Carlisle, Pa. 17013. 2. Decedent is Colleen M. Nicholson, who died on August 5, 2005. 3. At the time of death, decedent owned and resided at 91 Smith Road, York Springs, South Middleton Township, Cumberland County, Pennsylvania. 4. Petitioner, Amanda J. Nicholson, (hereinafter "Petitioner") is the daughter of decedent and is the current Administratrix of her estate. 5. After decedent's death, Petitioner searched her residence for a will, but did not find one. On or about August 16, 2005 Petitioner filed a Petition for a Grant of Letters of Administration. 6. On or about August 16, 2005, letters of administration were granted to Petitioner, Amanda J. Nicholson. 7. On or about October 14,2005, a call was received from James C. Nicholson, ex- husband of decedent, indicating that he had recently been released from prison and he found the will of Colleen M. Nicholson. 8. The will is attached hereto as Exhibit A. r--"., 9. Said will provides that James C. Nicholson shall be appointed as co-executtll?with Petitioner. C0 ::..;.... '..:...::.' Co,) . ,J 10. Petitioner and counsel have had a great deal of difficulty dealing with James C. Nicholson, to such an extent that has delayed administration of the estate. 11. Petitioner requests that James C. Nicholson be disqualified from acting as an executor for the following reasons: (a) James C. Nicholson has removed decedent's personal property from the residence and it is believed that he sold such items without consent of the current Administratrix, Amanda J. Nicholson. The ainount and whereabouts of the proceeds of such sales are unknown. (b) James C. Nicholson continues to live in the decedent's home without maintaining the property or paying bills, insurance, or taxes, and without electricity or a working telephone. (c) James C. Nicholson continues to reside in the home without maintaining reasonable upkeep and maintenance of the property. He will not allow Amanda J. Nicholson to access to the house to provide for maintenance. (d) James C. Nicholson has been very difficult to contact, and has not been cooperative with Administratrix or with assisting with the duties that come with acting as an Executor. (e) The current Administratrix, Amanda J. Nicholson, is unable to complete the administration of the estate because she has not obtained the cooperation of James C. Nicholson. 12. The instant petition is filed with the intent to have the last will and testament entered into probate so that proper administration of the estate may occur. WHEREFORE Petitioner, Amanda J. Nicholson, through her attorney, Jane Adams, respectfully requests the following: (a) that the last will and testament entered into probate so that proper administration of the estate may occur. (b) that James C. Nicholson be disqualified from acting as an Executor. (c) that Amanda J. Nicholson, who is the current Administratrix, be appointed as the Executor. Respectfully submitted, Date:LI ~ ~ L, /~ //"\. / ~. . \ C/f . ~.j . -- /~ane Adams, Esquire // (:4 S. Pitt St. U ~arlisle, Pa. 17013 (717) 245-8508 Supreme Court ID. 79465 Attorney for Petitioner Amanda J. Nicholson VERIFICATION I verify that the statements made in this Complaint 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: ~9(6 ~ . 1La~t .ill dnb ~tUtamtnt of o~ I, COLLEEN NICHOLSON of South Middleton Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, hereby declare this instrument to be my Last Will and Testament, revoking any and all Wills by me heretofore made. ITEM ONE: I direct my hereinafter named Executors to pay all my just debts, funeral expenses and administration expenses, including inheritance taxes, as soon as may be conveient after my decease. ITEM TWO: I give my truck and horse trailer to JAMES C. NICHOLSON, of South Middleton Township, Cumberland County, Pennsylvania. ITEM THREE: I give my Ford Tempo or other car to AMANDA J. NICHOLSON, of South Middleton Township, Cumberland County, Pennsylvania. I give my Mercury Tracer to JESSICA M. NICHOLSON of Cumberland County Pennsylvania. ITEM FOUR: I hereby give my House, to my Executors upon the following trust: a. JAMES C. NICHOLSON shall have personal use and occupation of my house as a place of residence, and the use thereof during his lifetime. My daughters may also live in the house, however, they must contribute to the household bills. b. The monthly rent payable by JAMES C. NICHOLSON during his litetime shall not exceed the prorated cost of taxes and insurance on the house. JAMES C. NICHOLSON shall be responsible for the costs of utilities. c. JAMES C. NICHOLSON shall be responsible for necessary and reasonable upkeep and maintenance of the house as well as care and upkeep of the horses and dogs. d. My Executor shall be responsible to ensure that the grounds of the property are maintained as nearly as possible as they were at my death. e. I authorize my Executor, during the lifetime and with the consent of, JAMES C. NICHOLSON to lease the premises on such reasonable terms as my Executor may determine such that the rents received are paid to JAMES C. NICHOLSON. f. Upon the death of JAMES C. NICHOLSON, the house shall pass to these two of my children, AMANDA J. NICHOLSON of South Middleton Township, Pennsylvania, and JESSICA M. NICHOLSON, of South Middleton Township, or their issue per stirpes, for their use absolutely. ITEM FIVE: Should JESSICA M. NICHOLSON be a minor at the time of my death, desire that AMANDA J. NICHOLSON shall act as her legal guardian. ITEM SIX: I give all the rest, residue and remainder of my Estate, real, personal, or mixed, of whatsoever nature and wheresoever situate, in three equal shares, unto JAMES C. NICHOLSON, and my daughters, AMANDA J. NICHOLSON, and JESSICA M. NICHOLSON, or my daughters issue per stirpes. ITEM SEVEN: I hereby nominate, constitute and appoint JAMES C. NICHOLSON and AMANDA J. NICHOLSON as Co-Executors ofthis, my Last Will and Testament. ITEM EIGHT: I direct that my Executor or Co-Executrices, shall not be required to give bond for the faithful performance of their duties in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this this, my Last Will and Testatmen~ consisting of ~ typewritten page(s), bearing my signature, this ;);)/J"day of ~ A.D. 2002. t~r11\~~ Colleen Nic olson, Testator ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOROUGH OF CARLISLE I, COLLEEN NICHOLSON, the Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. C~~QDJ\r V\~(\~V- COLLEEN NICHOLSON, Testator On this, the J d fl~ay of /IA~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared COLLEEN NICHOLSON, Testator, known or proven to me to be the person whose name is subscribed to the within Last Will and Testament, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m hand and official seal. T rY"~~~0~~;':,::"'.i;<;--~-i~~"=~~""~cl f!: Jr.)";;..; j-~;:. ~~tt{:t; ~ . C::rh:~~B [~~o~-,j, C;nLl;"~1Y (SEA ,~y Commic:.a1cn 8q:;ln3?$ S\ipt 6, l~ AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOROUGH OF CARLISLE The foregoing will, consisting of~ typewritten page(s), was, on thQ~N1 day of ~.t/{'j- , 20<tlsigned, sealed, published and declared by the said testator as and for his/her La;! Will and Testament, and it is hereby acknowledged that said testatrix appeared to be of lawful age and sound mind and memory and there was no evidence of undue influence. We, at her request and in her presence, have hereunto subscribed our names as attesting witnesses: ~t')~. Witness of eJ~ i~A-17{);3 / Address On this, the day of , 20~efore me, a Notary Public, the undersigned officer, personally appeared FLoreA ce if. /'1 Ctru I r.-<- , known or proven to me to be the person whose name is subscribed to the within Last Will and Testament, and acknowledged that she executed the same for the purposes therein contained. IN V';ITNESS WHEREOF, I hereunto set )( cl '-_ Ct ( I/_I/c_ ------ -- Ij~~~~ of /~CJ.u,c~ Witness 7 Address On this, the ?J.jJJ) day of fvto.-~ , 200~before me, a Notary Public, the undersigned officer, personally appeared NCAJ/\ tA4- ' known or proven to me to be the person whose name is subscribed to the wIthm Last Will and Testament, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s S 2;~,1. I J".}:\E E. P~;');:.}kYjs Notary Puh~!c ;, ~ Bore, Cum~ej.l;tnd County My Commission EAplres Sept. 6, 2004