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HomeMy WebLinkAbout03-2 OrphansTHE ESTATE OF DAVID E. HELM : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION : NO. 21-03-0002 IN RE: WILL CONTEST AND LANDLORD TENANT APPEAL HOFFER, P.J. Procedural History Before the court are two cases that have been consolidated into one for the purpose of hearing. The first case, which was pending before the Orphan's Court, began when the defendant filed a will contest with the Register of Wills, claiming that his father lacked testamentary capacity and was the victim of undue influence, at the time he signed his will and codicil. On January 2, 2003, the Register of Wills granted Letters Testamentary to the plaintiff bank. The second case concerns a suit brought by the plaintiff bank against the defendant in a landlord-tenant action, in which the District Justice found in favor of the plaintiff, Orrstown, and granted possession of the decedent's property. For the purpose of judicial economy and to avoid added expense and duplication of work for the parties involved, both the plaintiff and the defendant stipulated to having the two related cases heard simultaneously and agreed to waive any procedural and jurisdictional irregularities that may arise from the consolidation. As a result, both the contest of the validity of his father's will, and the appeal from the landlord-tenant matter were presented in their logical order in one hearing. Statement of Facts David E. Helm, of 1144 Rockledge Drive, Carlisle, Pennsylvania, died on December 7, 2002. Decedent Helm, executed a Last Will and Testament dated February 26, 1998, leaving his residuary estate to the World Missions of Findlay, Ohio, and appointing Orrstown Bank as the Executor of his Estate. On January 4, 2002, the decedent, Helm, executed a Codicil leaving the residue of his estate to the Bethel Assembly of God, 1412 Holly Pike, Carlisle, Cumberland County, Pennsylvania. The Codicil ratified the Will dated February 26, 1998, in all other respects, retaining Orrstown Bank as Executor of his Estate. Johnna J. Kopecky, Esquire, an attorney in good standing, prepared both the Will and Codicil for David E. Helm, and met with him when he executed each document, witnessing his signature. Attorney Kopecky testified that she met with David E. Helm on February 26, 1998, when he executed his Will. She testified that her customary procedure is to discuss an individual's estate generally, the nature of the document and decedent's family. She remembered Helm as being quiet and particular. She remembered that he seemed to be a lonely 2 person. She was aware that he and his wife had separated and that he wished a religious organization to receive his estate, and wanted to be sure that his wife did not receive any part of his estate. She had no specific recollection of a discussion of Helm's son, David Bryon Helm. She was sure that Helm was mentally competent. She met with him when he signed the codicil on January 4, 2002, and did not feel that his demeanor was any different from when he signed the Will, and that he remained a quiet and particular person. He asked her to change the beneficiary to his local church, the Bethel Assembly of God, which she did. She recalls that he was happy to have had the help of some church members. She testified that he did not seem to be ill, or to be mentally impaired in any way. Barbara Brobst, Vice President and Trust Officer for the Orrstown Bank, probated the Will and Codicil of David E. Helm, and administers the Estate. Although Ms. Brobst had not met the decedent, she found in her file notes of a prior Trust Officer, Peter W. Rayburn, who is no longer with the bank, which listed a living family as "Mom, son, almost ex-wife." It also noted "Will leaves nothing to son; that is ok." David Bryon Helm had no lease to the property at 1144 Rockledge Drive. Orrstown Bank, as Executor of the Estate of David E. Helm, caused a Notice to Quit the premises at 1144 Rockledge Drive, for termination of the term of any tenancy at will, dated January 30, 2003, and served by Jaclyn M. Smith, Esquire, on January 30, 2003. A landlord-tenant action was filed by the Estate of David E. Helm against David Byron Helm seeking possession of the property at 1144 Rackledge Drive, on March 5, 2003. After a hearing on that Complaint, District Justice Day granted possession of the property at 1144 Rackledge Drive, Carlisle, along with costs of $94.50 to the Estate of David E. Helm and against David Bryan Helm. David Bryan Helm moved out of 1144 Rackledge Drive, Carlisle in 1998, when his mother moved out, and did not live in the home until his father entered the hospital for his last illness in October of 2002. He visited with his father for about an hour after his father had a heart attack, which was the longest visit he had with his father in his home until he moved back in. He moved back in when he was provided with a key by his aunt, Sandy Stuck, in October of 1998. Prior to his aunt providing him with a key, he did not have a key to the home. David Bryan Helm testified that his father had cut him out of his life. Conclusions of Law The plaintiff, Orrstawn Bank, established a prima facie case that the Will and Codicil of David E. Helm were valid. The defendant, David Bryan Helm, failed to establish by clear and convincing evidence that the Will and Codicil of David E. Helm were the result of undue influence. 4 The defendant, David Bryon Helm, failed to establish by clear and convincing evidence that David E. Helm did not have testamentary capacity to execute the Will and Codicil in question. The Order of the Register of Wills of Cumberland County, dated January 2, 2003, admitting to probate the last Will and Codicil of David E. Helm, and granting Letters Testamentary to Orrstown Bank as Executor of the Estate of David E. Helm, are affirmed and the exceptions of David Bryon Helm thereto are dismissed. David Byron Helm had no lease to justify his continued possession of 1144 Rockledge Drive, Carlisle, but was, at best, a tenant at will. David Byron Helm was properly served with a Notice to Quit said premises on January 30, 2002, and has failed to do so. Therefore, the plaintiff, Orrstown Bank, as Executor of the Estate of David E. Helm, is awarded possession of the premises at 1144 Rockledge Drive, Carlisle, and costs. THE ESTATE OF DAVID E. HELM : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION : NO. 21-03-0002 IN RE: WILL CONTEST AND LANDLORD TENANT APPEAL ORDER OF COURT AND NOW, this 17th day of December 2003, in accordance with the opinion attached hereto, defendant's appeal in this estate matter is dismissed. By the Court, George E. Hoffer, P.J. James D. Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 David B.Helm 1144 Rockledge Drive Carlisle, PA 17013 6