HomeMy WebLinkAbout05-10-07
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Will
PETITION FOR PROBATE and GRANT OF LETTERS TES0AMENTARY
Estate of Edith R Carbauch No. 4/' ,;;bar; - , (;.3
also known as To:
, Deceased.
Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
Social Security Number 183-07-8415
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The petition of the undersigned respectfully represents that: ~ 0 ~
Your petitioner(s), is lare 18 years of age or older and the Personal Representative(s) named in th~ of abo~
decedent, dated Januarv 06. 2004 , and codicil(s) dated N/A!::::: p -<
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(state relevant circumstances, e.g. renunciation, death of executor, etc.) a
Decedent was domiciled at death in Cumberland County, Pennsylvania, withbts'/her last family or princ"$al residence
at Shiooonsburc Health Care Center. 121 Walnut Bottom Road (ShiooensburQ Townshio)
Shiooensbul"Q PA 17257-
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(list street, number and zip code)
Decedent, then 93
years of age, died Aoril 24
,2007
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Except as follows, decedent did not marry; was not divorced; 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 an incompetent;
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) Personal property
(If not domiciled in P A) Personal prope~f Pennsylvania
Personal property in
County
$
$
$
$
450.000.00
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o
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Value of real estate in Pennsylvania
situate as follows:
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and
the grant of letters T estamentarv thereon.
(testamentary, administration, c.t:a., administration d.b.n.c.t.a.)
77 E King Street; POBox 250
Shiooensburc PA 17257
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10-21 (Rev. 1/00)
OATH OF PERSONAL MPRESENTATIVES
COMMONWEALlH OF PENNSYLVANIA }
COUNTY OF Cumberland SS
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 ersonal Representative(s) of the above decedent
petitioner(s) will well and truly administer the estate accord' g to
Sworn to or affirmed aQi subscribed
before me this 10 day of
L~tiJ;~'/L<, ~
1J Deputy Register
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No.
Estate of Edith R Carbaugh
also known as
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, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY
AND NOW, May 2007, in consideration of the petition on the reverse side satisfactory
proof having been presented before me. IT IS DECREED that the instrument(s)
dated Januarv 06. 2004
described therein be admitted to probate and filed of record as the last will and codicil(s) of the above named decedent
and Letters T estamentarv
are hereby granted to Orrstown Bank c/o Daniel K Baer. Trust Officer
Probate ..:... ..................... .~.~.......... $ re.-:
Short Certtficate(s)............................................ $ .
Renunciation( s)................................................. $
Inventory................ ........................................... $
Judicial Computer Project................................. $
Inheritance Tax ................................................. $
Pleadings and Papers ........................................ $
ATffidaVit(S) ..........iiS;:j.l................................... $$ /5, oD
ax ...................~;~.;~.~....~..~~~..~..~~~~~..~~$ ~
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Filed A.D. _
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Forest N Myers, Esq.
18064
A'ITORNEY (Sup. Ct. LD. No.)
137 Park ptace West
Shiooensbura PA 17257-
ADDRESS
(717) 532-9046
TELEPHONE NUMBER
10-21 (Reverse) (Rev. 1/00)
H105.805 REV )/05
This is to certify that the information here given is correctly copied from an original certificate of death duly med with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It Is Illegal to duplicate this copy by photostat or photograph.
J!ee fur lIDs _ficale, $6.00 ~
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~1.TH Of'" PEMiSYI;.VANlA. DEPARTIIENT Of HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
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.. LAST WILL AND TESTAMENT ..
I, EDITH R CARBAUGH, of Shippensburg Borough, Cumberland co~
Pennsylvania, revoke my prior wills and declare this to be my Last Will:),~lo
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FIRST: PAYMENT OF EXPENSES - I direct that the expense of my last illness arict?ftfineraf:
be paid from my estate as soon as may conveniently be done. -, _J:J1 9
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SECOND: BEQUEST - I give, devise and bequeath all my property, whether real or
personal, tangible or intangible, as follows:
A. My jewelry and clothing to my sisters who survive me by thirty
(30) days, in as nearly equal shares as possible. If my sisters
cannot agree on any item or items, my Executor shall make this
decision in my Executor's sole discretion.
B. The items listed on a separate signed memorandum which refers
to this, my Will, by date, to the individual named therein. If no
such memorandum shall be found within thirty (30) days
following my death, this bequest shall lapse.
C. I give my home located at 17 South Fayette Street, Shippensburg,
Cumberland County, Pennsylvania, to my niece, PEGGY
MURRAY.
D. I give, devise and bequeath any automobile which I may own at
the time of my decease to SANDY WEAVER.
THIRD: RESIDUE OF ESTATE - I give, devise and bequeath all the rest, residue and
remainder of my estate as follows:
A. One-quarter (1/4) to my sister, BERNIDA SHUMAN, provided she
shall survive me by thirty (30) days. If my sister, BERNIDA
SHUMAN, predeceases me, her share shall lapse and be divided
among the beneficiaries of my residuary estate.
B. One-quarter (1/4) to be divided equally among the following
recipients: DONNA SCHENK, THOMAS JACKSON, CAROL
ECKENRODE, HOWARD SHUMAN, JR., and MESSIAH UNITED
METHODIST CHURCH OF SHIPPENSBURG. If any of the
beneficiaries listed in Paragraph Third (B) of my Will predecease
Page 1 of 4
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me, their share shall lapse and be distributed equally among the
remaining beneficiaries of this, Paragraph Third (B) who are living
at the time of my death.
C. One-half (Yz) to be divided equally among the following recipients:
BETTY LYNCH, DORIS KLING, SANDY WEAVER and ROSE
JACKSON. If any of the beneficiaries listed in Paragraph Third (C)
of my Will predecease me, their share shall lapse and be
distributed equally among the remaining beneficiaries of this,
Paragraph Third (C) who are living at the time of my death.
-fflWIt'fH: PROTECTIVE PROVISION - To the greatest extent permitted-by law, before
actual payment to a beneficiary, no interest in income or principal shall be (i) assignable to
a beneficiary or (ii) available to anyone having a claim against a beneficiary.
FIFTH: DEATH TAXES - All federal, estate and other death taxes payable on the property
forming my gross estate, whether or not it passes under this will, shall be paid out of the
principal of my probate estate just as if they were my debts, and none of those taxes shall
be charged against any beneficiary. This provision shall not apply to any property over
which I have a general power of appointment of federal estate tax purposes.
SIXTH: MANAGEMENT PROVISIONS - I authorize my Executor, as follows:
.' A. Retain/Invest: To retain and to invest in all forms of real estate and personal
property, including common trust funds, mutual funds and money market deposit
accounts and certificates of deposit, regardless of any limitations imposed by law on
investments by executors or any principle of law concerning investment
diversification;
B. Compromise: To compromise claims and to abandon any property which, in my
Executor's opinion, is of iittle or no vaiue;
C. Borrow: To borrow from and to sell property to my wife or others, and to
pledge property as security for repayment of any funds borrowed;
D. Sell/Lease: To sell at public or private sale, to exchange or to lease for any
period of time, any real or personal property and to give options for sales of leases;
E. Capital Changes: To join in any merger, reorganization, voting-trust plan or
other concerted action of security holders, and to delegate discretionary duties with
respect thereto;
Page 2 of 4
. .
F. Distribute: To distribute in kind and to allocate specific assets among the
beneficiaries (including any custodian hereunder) in such proportions as my Trustee
may think best, so long as the total market value of any beneficiary's share is not
affected by such allocation.
These authorities shall extend to all property at any time held by my Executor or my
Trustee and shall continue in full force until the actual distribution of all such
property. All powers, authorities and discretion granted by this Will shall be in
addition to those granted by law and shall be exercisable without court
authorization.
SEVENTH: EXECUTOR - I appoint ORRSTOWN BANK Executor of my Will. Neither my
Executor, nor ~y successor shall be required to give bond.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,...... day of January,
2004.
.J- tL--t::t. f( C ~SEAL)
EDITH R CARBAUGH, Testatrix
In oW' presence, the above-named Testatrix signed this and declared it to be her will, and
now, at her request and in her presence and in the presence of each other, we sign as
witnesses:
residing'at 1:31-.PIJt,rK. PI. W ,S~ ppeA5~{~ M
residing at !lCffo S M.o;. 1\ ( ~bush4 fA
Page 3 of 4
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STATE OF PENNSYLVANIA
SS
COUNTY OF FRANKLIN
I, EDITH R CARBAUGH, having been duly qualified according to law,
acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my
free and voluntary act for the purposes therein expressed.
trktt R,~
EDITH R CARBAUGH, Testatr x
We, EDITH R CARBAUGH, the Testatrix in and the undersigned witnesses to the
WitI,'ttte'att.at::he<tor for~goinginstrument, who have signed,the instrument, having been
qualified according to law do depose and say:
(a) that I, the Testatrix, 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 Testatrix sign and execute the
instrument as her Will, that she signed it willingly and executed it as her free and
voluntary act for the purposes therein expressed; that each of us in the hearing and
sight of the Testatrix signed the Wi II as witnesses and that to the best of our
knowledge, the Testatrix was at that time eighteen or more years of age, of sound
mind and under no constraint or undue influence.
Subscribed, sworn to or affirmed,
and acknowledged before me by the
above-named Testatrix and by the
witnesses whose names appear on
this '-..... day of January, 2004.
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Nota bli~
NOTARIAL SEAl
FOREST N. MYERS, NOTARY PU8UC
SHIPPENSBURG BOROUGH. COUHlY OF FRANlCL.If
M'f COMMISSION EXPIRES 0ECEM8ER 17. 2006
Page 4 of 4