HomeMy WebLinkAbout04-27-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of ah t'J () / F.<:'" T 'i1 \/ JJ~
also known as I '
COUNTY,PENNSYLVAN[A
, Deceased
File Number g/- 01- ') Rtf)
Social Security Number34,y- 3~- /3;' b
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is I are the E '/. (?~IrTl) Q....,
last Will of the Decedent dated /lJf)~ } ~ ;)hIJ;:) and codicil(s) dated
named in the
(State relevant circumstances, e.g., renunciatifiln. death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
o B. Grant of Letters of Administration
(If applicable. enter: C.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.h.n.c.t.a.. enter date of Will in Section A above and complete list of heirs.)
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Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets ifllecessary.
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(List street address, tawil/city. township, c unty, state, zip code)
Decedent, then ~ ~ years of age, died on /;). / c::;l ~#.t>& 7
sy~a~~s I her last principal resi~e)1~~ -n
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Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
t15:enlJ.oD
,
situated as follows:
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Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of LettelO in the appropriate form to
the undelOigned:
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
The Petltloner(s) above-named swear(s) or affirm(s) that the statements in the foregoing PetItIon are true and comtct to the best of
the knowledge and belief of PetItIoner(s) and that, as personal representatlve(s) of the Decedent, PetitIoner(s) will well and truly
administer the estate according to law.
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SIgnature of Peraon8/ Rept8sental/ve caro~ayne
Signature of Personal RepresentaI/ve
F"'..........I ~ ......."'--
File Number: 21 - 06
Estate of Ch...... Thomas Payne
, Deceased
Social Security Number:
348-38-1388
Date of Death: 1212712008
AND NOW, (If'^~ J. &J . :~ "......- .......-,. _,_.....
having been presented before me, IT IS DECREED that I..etlBrs '" - J I I l..ttien IE: st-IJ WI ~Il.tf fJ;e. y C..Je P
are hereby granted to Carol K. Payne
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and that the Inslrument(s) dated
desaibed in the PetItion be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
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FEES
Letl8rs..... ....................................... $
Short CertIfIcate(.)........................ $
Renunciation(s)............................. $
210.00
4.00
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Attorney Signature:
JCP Fee
Automation Fee
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$
$
$
$
$
$
$
$
$
TOTAL.................................... $~.(:O J2I:GO
10.00
5.00
15'".00
AttomeyName: N~F.B~r
Supreme Court 1.0. No.: 45513
Nora F. Blair and Anoclatea
Address: 5440 JollMtown Road
PO Box 8218
Harrisburg, PA 17112-0216
Telephone:
717/541-1428
Fotm RW-02 Rev. 10-13-2008
~ (el 2006 fDmI eonw.. only The 1.acIcner~. Inc.
P8ge2012
H105.805 REV 1105 ~. .~
This is to ~ertify that ~e .informa~ion here. given is correctly copied from an original certificate of death duly filed with me as
Local RegIstrar. The ongmal certIficate wIll be forwarded to the State Vital Records Office for permanent .filing.
WARNING: It is illegal to duplicate this copy by photostat or photograptw .
Fee for this certificate, $6.00
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co.IONWEALtH 0. PENNSYLVANIA. DEPARTIENT 0. HEALtH · VITAL RECORDS
CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT
OF CHARLES T. PAYNE
I, CHARLES T. PAYNE, of Mechanicsburg, Pennsylvania in the County of
Cumberland, declare this to be my Will, hereby revoking all prior Wills and Codicils.
FIRST: I direct that the expense of my funeral be reimbursed out of my estate and that I
be cremated and my ashes to be disposed of as my executor deems appropriate.
.
SECOND: All my personal effects, clothing, furniture, furnishings, jewelry, automobiles,
other tangible personal property of every kind, and insurance thereon, I give to my Wife
CAROL K. PAYNE, if she survives me for a period of thirty (30) days. If she shall not
so survive me, then I give my entire estate to my daughter ERIN K.P. WENTZ and any
other issue of mine which shall pass to my daughter as outlined herein and hereinafter. If
my daughter shall predecease me the estate shall pass to her issue per stirpes
representation and if no such issue exist then all the rest, remainder and residue of my
estate shall pass to the following indivduals in equal shares: Harold J. Payne, Richard H.
Payne, and Margaret Helen Shoup.
THIRD: I give the remainder of my estate which shall include but not by way of
limitation real property wheresoever located, to my Wife CAROL K. PAYNE if she
survives me for a period of thirty (30) days. If she shall not so survive me, I give the rest
of my estate to my daughter ERIN K.P. WENTZ. If my daughter ERIN K.P. WENTZ
shall not survive me then I give the rest, remainder, and residue of my estate to the
following individuals to be divided in equal shares: Harold J. Payne, RicharAH. Payne;;
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and Margaret Helen Shoup. ' ~ ~.~ ~:"::
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ADOPTED AND AFTERBORN PERSONS
FOURTH: This will shall not be modified by the birth to or adoption by me of any child
under the age of 18 years, but references herein to my "children" or "issue" shall include
any such child. In the construction of any device or bequest herein to any person or
persons described by relationship to me or to another, any person adopted when under the
age of 18 years, whether adopted before or after my death shall be considered the" child"
and "issue" of his adopting parent or parents.
PROTECTION OF BENEFICIARIES
.
FIFTH: No interest in income or principal shall be assignable by a beneficiary or
available to anyone having a claim against a beneficiary before actual payment to the
beneficiary. Provided, however, any beneficiary may assign any part or all of the
beneficiary's interest in my estate to anyone or more of my descendants or to anyone or
more of the beneficiary's descendants.
MINORS AND INCAPACITATED BENEFICIARIES
.
SIXTH: If any income or principal shall be payable to any person who shall be a minor
or who shall be incapacitated for any reason, my executor or executrix as trustee shall
hold such income and principal during minority or incapacity and shall be entitled to
apply such income and principal to the health, maintenance, support and education of
such person during minority or incapacity without the appointment of any guardian or
committee or any authority of court. My executor as trustee shall be entitled to make
direct application hereunder or to make application by payment of income and principal
to the parent or other person in charge of such minor or incapacitated person, or to his or
her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining
income and principal to which such person shall be entitled shall be distributed to such
person upon the termination of minority or incapacity. My executor as trustee shall have
the same powers as my executor and shall serve without bond.
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PAYMENT OF DEATH TAXES
SEVENTH: All estate, inheritance and other death taxes, together with interest and
penalties on them, payable with respect to property or interests (subject to taxation by
reason of my death and whether) passing under my will or any codicil thereto, (or
otherwise, inc1udingjointly held and other non-testamentary property, shall be paid out of
the principal of my residuary estate without apportionment.
POWERS OF EXECUTOR
.
EIGHTH: I confer on my executors the right to sell or otherwise convert any real or
personal property at public or private sale, at such time or times, in such manner, and for
such price or prices, and on such terms and conditions as my executor shall determine,
and to execute and deliver good and sufficient conveyances, assignments, and transfers of
the property, without liability of any purchaser for the application of any consideration; to
borrow money and to secure its payment by mortgage of real or personal property, pledge
of investments, or otherwise, without liability on the part of the lenders to see to the
application thereof; to retain any investments at discretion; to invest and reinvest at
discretion, without restriction to so-called "legal investments"; to make distribution in
cash or in kind; to allocate to any beneficiary property different from the property
allocated to another beneficiary as the executrix using fair market values on the date of
distribution deems appropriate; and to do all other acts and things necessary or
appropriate in the management, administration and distribution of my estate.
APPOINTMENT OF GUARDIAN OF ESTATES OF MINORS
.
NINTH: I appoint CAROL K. PAYNE, as my executrix, as guardian of the estates of
minors with power to hold all property payable by law to a guardian appointed by my
will and to use it for the minor's health, maintenance, support and education, either
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directly or by payment to any person selected by my executor to disburse it whose receipt
shall be a complete acquittance. Guardian may, in discharge of all the guardian's duties,
pay any minor's share deemed impractical of administration to the parent or other person
in charge of the minor or to his or her guardian or to a custodian for the minor under the
Uniform Transfers to Minors Act. My executor as guardian shall have the same powers as
my executor, and shall serve without bond.
APPOINTMENT OF EXECUTORS
TENTH: I hereby nominate, consititute and appoint my Wife CAROL K. PAYNE to be
my Executor of this my Last Will and Testament. If my husband dies, becomes
incapacitated or is unwilling to serve then I appoint my daughter ERIN K.P. WENTZ as
executrix.
.
ELEVENTH: In the event any beneficiary and I die under such circumstances that the
order of our deaths cannot be established by proof, it shall be conclusively determined for
all purposes of this Will that I survived the beneficiary.
INTERCHANGEABILITY OF LANGUAGE
TWEL VTH: Words used in the singular may be read to include the plural or the plural
may be read as the singular. Similarly, the masculine form may be read to include the
feminine and neuter; the feminine may be read to include the masculine and neuter; and
the neuter may be read to include the masculine and feminine.
HEADINGS
.
THIRTEENTH: The headings used on the various paragraphs of this will are included
for convenience only and shall have no legal significance.
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I have signed this will this / " day of ~ , 2002.
&~t~
Charles T. Payne,
j)kfl er ~ Jell S /IItt.1e16f !ffd-a /It{v~ jJ"i ll~
(Witness) (Address) /
~~ ftJ'1 fIc.r{)'lbJ:.!1't.. ,G.r/Ulk fft--(~Gk$
itness) ( ddress)
.
Gre S. quire
orney for Testator
20 South Market Street
Mechanicsburg, P A. 17055
.
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COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
ss.:
ACKNOWLEDGMENT & AFFIDAVIT
I, CHARLES T. PAYNE, the testator in and the undersigned witnesses to
the will, the attached or foregoing instrument, who have signed the instrument,
having been qualified according to law do depose and say:
(a) that I, the testator, do hereby acknowledge that I signed the instrument as
my will, that I signed it willingly and as my free and voluntary act for the
purposes therein expressed; and
(b) that we, the witnesses, were present and saw the testator sign and execute
the instrument as his will, that he signed it willingly and executed it as his free
and voluntary act for the purposes therein expressed; that each of us in the hearing
and sight of the testator signed the will as a witness and that to the best of our
knowledge the testator was at that time 18 or more years of age, of sound mind
and under no constraint or undue influence.
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Witness
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WItn s
Sworn to and subscribed before me this II,
day of ~
Notarial Seal
ea:.he11a J. Rouse. Notary Public
H . ' Cumbertand Counly
mmlsslon Expires Nov. 13, 2004
Member, Pennsylvania Association of Notaries
11--- --N"otary Public. My commission expires:
Seal:
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