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HomeMy WebLinkAbout07-10-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF C4--~1 ~ COUNTY, PENNSYLVANIA f; C4/SCG ~~hdi ~gC'~ . Deceased File Number p,j- () 7 - ()(; 17 Estate of ~~ also known as AJA) .- Social Security Number /7'0/- 'Y'..y - 1"-'/,>.. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ~ A. Probate and Grant of Letters Testa~entary and aver that Petitioner(s) is / are the ~Si.~ last Will of the Decedent dated /0/13 @66 Y and codicil(s) dated named in the (State relevant circumstances, e.g., renunciation. 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: ~ 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 / 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.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi m ~;:::..cn^ :..:J (COMPLETE IN ALL CASES:) Attach additional sheets if Jlecessary. ') 8 ~ ". <'::) c ::J: Decedent was domiciled at death in County, Pennsylvania with his / her last principal r~ence at = ::-0 n . ~ 0 (List street address. towlI/city. township. county. state. zip code) N <::)0 - r, .., :: ,,;; ::0 --=0 ,-' III Ln c-) T1 Decedent, then ia. years of age, died on b, I ~ (0 7 at /VJl6_\ O~ . ~ / 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 situated as follows: LJ~ 4-<<..64..J' (oS J $ $ $ $ ~ ~ ()()O, Ol:> ,.(1M, A.,,)~ . () Wherefore. Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Lellers in the appropriate form to the undersigned: f>iI:(~ P4 17011 I Form RW-02 rev, 10.13,06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF' C v-t.c-/l1C~/ ~ 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, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed re me the lD'f-t1 i Signature of Personal Representative Signature of Personal Representative (") Co 3:JJ CD-o ,"',' I '~,...... .~ Jw! _.", rn ""7' en ::n .,,- ^ ,.,.j(")O f"') 0 -n ':""JC . :0 :&~ ,....., <:::;) <:::;) ...... c.... c:: r- :0 -;Q rT1 D:'l C~) 09 r.'~ =0 ~~O C-"I--" ...1...:11:::::7 ~'~~~ --r-J C) ,. r"n t:./)i,-') Signature of Personal Representative ~ )::III :E: .... :AI-- 07 - OLP47 Estate of An n e:. C. C Q [ f'c~ Social Security Number:m .... 44 - F Ii / ;:t Date of Death: I P - :; '1- D I AND NOW, I ()/II 'l!;1?IJ 9:. d 'l . ;; CfJ 7 . in comid"",tion of th, forego;ng Potition, "";'facto", proof having been presented befo;e .e, I S E~ ~t LL~rs -rt~ffJ fY)lYr/tJ '!I are hereby granted to ~ I tt JY1 - Zl ~e.. _ File Number: ~ (:) N , Deceased and that the instrument(s) dated~';lOOL{ described in the Petition be admitted to probate and filed of rec in the above estate as the last Will (and Codicil(s)) of De 11' ~ Letters ............... $ Short Certificate( s) . . . . . . .. $ . Renunciation(s) .......... $ ~$~ ., ... :-1~.8B FEES '~. Attorney Signature: Supreme Court I.D. No.: m/<:n"-L ~~ L>. J26"N...(/,"~b-a.R -7/~~3~ 8W N. 3~ <;,d-~ C;A.I, ,~~ /7ZJ// (717) 9~r..... 7/;).<7 Attorney Name: .. . $ .. . $ .. . $ .. . $ .. . $ ... $ OD TOTAL .............. $m." Address: Telephone: Form RW-02 rev. /0.13.06 Page 2 of2 HJ05.g05 REV (0'/07' U -1)7 :Of;r.f7 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13789.248 Certification Number This is 10 certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as. Local Registrar. The original certificate wilL be forwarded to the State Vital Records Office for' pennanent filing. ~!?~~.JU102p1 Local Registrar Date Issued (") Co ~:o GJ-o rTl :r: (") Q )> r:;; ~.-:z: :0 '.,.~; en 7' i-~3 (") 0 ('')O-n (JC : :0 :0-4 ")> r-.I) c::> = ...... .::-0 ::0 ':!1 fTI '. ) G),Q --- ':0 ~:=1 0 rT1 i'T1 :rJ CJ C)C) ---l-n -n c-:> rn c:.- c: r- <:;) :=- :::J: - .- o N IREVll_ / PRIIIT IN - \Cl(1NlC COMMONWEALTH ()l'"PI:NNSYLVANlA.OEPARTMENT OF HEALTH. VITAL Rl!CORbS CERnfflCATEOFDEATH (See 1~lIndllllllmpld<ll1,.".,.) 1._.lIf~W._IIII,-*l Anne E. Calfee 5.AQo(l.lll1!llthdlJ) ~1 - 8l VII. 11. -.UIuoI B.......~..~"'- le._-.o_~cIIy/_.""',.COlIo) 210 Big Spring lload. BewvUle. PA 12.Woo__In... 13._EcM:atIonlSPool:lr.~ v,~,__ E1""'lIlIjjjy:l~(o.l2) . Or. ~No t::'~.. 17. _ PeDD8Ylvatilia 17b, CGunIy pIo CoMgo (l.( or 5+) DIcI~ LMIn. Townoh!p? (!,......r1.nd 11l.-._W.......,__1 Janie J_. 2lIb. -'lIoIng_ (Snot. cIIy flown,_, ..._1 116 !feadow Croft CircleD . AI. 35242 21.Plocollf~(Nomellf-*y,...-y"_pIocol 2Id.l.ociotion(Cllyf-'''''''.codol 2007 Creu.tionSocietyof. PABarrisburg. PA 17109 ~ ,.,.,.,OOd........lIfFdy Auer Me.odal .....'iCt...uon. Services. IDe. ~_23K~IIhol)~ /lhIIlCIIItto..._.linltllf_1o .lIIllII_lIf_. i ss: CAiJ8El!\'DlAlM(Joe ...........) t ~.. Ilooi 27.'l'o!1~. Snlw...~ --. ....."'.....,..,..,........,.........dootI,DOIIOT..._ _..... uClltloc_ I 0iIul10000lh =-~."'.....~~..~~-::;a.;fj:~. ;~.....'... i .~.'......' ........................, i i .~a. lJuelol"'U"_lIf):~' f":J~.. .... ~ =-~-=...~ c. lJuelo(OfU"OCl1_lIfl: : I I ....24-2lI_IIoClllllplolodbJ_ .....'"""""'*'-, d, 301; Woo MMlpoy -- ",w..~F1nIIngo __lo~ lIf c-lIf DuII1? o Yu D<<6' 'lO_lIfOooli lf~ '.D~ o AcOcIn 0 I'onlq InvuIIgoIIoo 0- 0 C<Ud NlIfIloDolominOd Ov. ~ 35. AogioIlIr'> ~ Dlspool1lon P""",No. 0117279 STATE ALE MlM8ea ( Dote lIf lloo1hl_.lIiy, jOor) 6-29...2007 -8612 17c.O v..._u... 17d,~:...~r-Bewvn 1... Twp. CIlyIIlon> 2Il.0Id_u..CordrWtIo_? o Q:cPc7:- 29. ~:'-_put'"' o ","-,atbOl_ o Nol pnprt. buI P'*gnIrI_ ~dIys lIf_ o Nol pnprt. but P'*gn1r143 dIys to 1 ,.., """'"'- o ~1_.-lIltputjOll 32e._lIf~_,F""',_. ~1lClOIy, ~ Bo.ti1~ 011:. (Spod/y) 32g.L-.lIflr$lly(-'clyf_,_J ... . e . d. ( - ()1 ~Olc41 LAST WILL AND TESTAMENT (pour-Over Will) OF ANNE E. CALFEE ...., <::) c::::I -..I ~ c: ... C) <;;0 <:A7 -:;-)-0 T'1 :r: C) ~Q 2?; r:;; -> .c... ::0 ,..." "-'~(f)"""" ....... r'] -" C) 0 I, ANNE E. CALFEE, residing in the County of Cumberland, Comrnonwealths~syl~ia, -""3:1 being of sound mind and memory, and not acting under duress or undue influenc~)~ any ~on ... f!~ whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby~v6ke all..mP6 er ::; former Wills and Codicils to Wills heretofore made by me. My Social Security Numbet IS 281-14-8~. :0 :X)~ n-" , (..) C ~-~ -TJ ~:: -; c'J r-r-J !-n :T) ~_J IDENTITY I have the following children: Margaret Jane Calfee, born October 20, 1950, and David Lee Calfee, born June 25, 1956, and William w: Calfee, born November 20, 1959. DEBTS, TAXES AND ADMINISTRATION EXPENSES I h ve provided for the payment of all my debts, expenses of administration of property wherever situated pa sing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE ANNE E. CALFEE REVOCABLE LIVING TR ecuted on even date herewith (the "Revocable Trust"). If the Revocable Trust assets should be insuffici for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under POUR-OVER WILL Page 1 A-c~ Testatrix . said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. '. EXECUTOR I hereby nominate and appoint William W. Calfee to serve without bond as my Independent Executor ofthis my Last Will and Testament. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint David Lee Calfee to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. e EXECUTOR POWERS By way of Dlustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions. . POUR-OVER WILL Page 2 !i~e Testatrix , . . . CONTESTS AND SPECIFIC OMISSIONS If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or indirectly: 1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 2. contests in any court the validity of the Testator'sffestatrix's Will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its provisions or that Testator'sffestatrix's Will or any of its provisions is void; 4. claims entitlement by way of any written or oral contract to any portion of the Testator'sffestatrix's estate, whether in probate or under this instrument; 5. unsuccessfully challenges the appointment of any person named as Executor or successor Executor of the Testator'sffestatrix's Will; 6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor of the Testator'sffestatrix's Will; 7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or is proposed in good faith by the Executor; 8. unsuccessfully seeks the removal of any person acting as the Executor of the Testator'sffestatrix's Will; 9. files any creditor's claim in Testator'sffestatrix's estate (without regard to its validity), whether the claim arose before or after the date of this instrument, but excepting claims for cash advanced or paid for expenses ofthe Testator'sffestatrix's last illness or funeral paid by said claimant; 10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on Testator'sffestatrix's life; 11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other form of qualified or non-qualified asset or deferred compensation account, agreement or arrangement; 12. attacks or seeks to invalidate any will which Testatorlfestatrix has created or may create during Testator'sffestatrix's lifetime, or any provision thereof, as well as any gift which Testatorlfestatrix has made or will made during Testator'sffestatrix's lifetime, whether before or after the date of this instrument; 13. attacks or seeks to invalidate any transaction by which Testatorlfestatrix sold any assets (whether to a relative ofTestator'sffestatrix's or otherwise); or 14. refuses a request of Testator'sffestatrix's, Executor or other fiduciary to assist in the defense against any of the foregoing acts or proceedings, then that person's right to take any interest given to him or her by this trust shall be determined as it would have been determined if the person had predeceased the execution of this will instrument without issue sUTVlV1ng. The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth, POUR-OVER WILL Page 3 fi~c Testatrix . . e e such provision shall be deemed to exist to the extent of the scope or breadth permitted by law. SIMULTANEOUS DEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ob-~ . ,/ ~. e, f/ <<-/ ANNE E. CALFEE Testatrix This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the ~of each of ,~ pages. ..1) ~s~t is being signed by me on this ~ day of POUR-OVER WILL Page 4 . e e ATTESTATION CLAUSE The Testatrix whose name appears above declared to us, the undersigned, that the foregoing instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such instrument and to hislher signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe the Testatrix to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix. WITNESSES: ADDRESSES: ,-///~/.bA'L ~. &~ /11 ;/4. L€-/i;G L /I LL~II/ (Printed Name of Witness) .e?ftJc 713~/I g. ~mP A/)LI- /ft. /7/J11 City, State, Zip ctlJ? /{O~ ~77cf /J. /;JJvLeIV (Printed Name of Witness) )t / I If City, State, Zip /1 POUR-OVER WILL Page 5 P-EC Testatrix . e e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE 1u~~~,M}~Signed aU~~riW"::r~ appeared ~ .;~~~:~~ to be the Testatrix and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, ANNE E. CALFEE, Testatrix, declared to me and to the witnesses, in my presence, that the instrument is hislher Will and that he or she had willingly made and executed it as his/her free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testatrix, that the Testatrix had declared to them that the instrument is his Will and that he or she executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he or she did the same as a witness in the presence of the Testatrix, and at his request and that he or she was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ~ . -/ ~, tJ--:f'- ft ,-/ ANNE E. CALFEE Testatrix cfM;2 Jf ~ Witnej; ./J (/ r/J }) I /7A-L k";t/ (Printed Name of Witness) ~~~<- ~aAP~ Witness /1?ALt..c~ L /Jii-EW (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEDGE d sworn to before me by Testatrix, and and day of 'L Notary Public, Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TODD B. GARRY, Notary Public Newtown Boro., Bucks County POUR-Ov ,.. ~~~mission Expires May 3. 2008 Page 6