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HomeMy WebLinkAbout09-28-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of PHYLLIS W. HORICK FileNumber~- Ol- O<t~9 also known as , Deceased Social Security Number 179-20-7193 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is I are the EXECUTOR last Will of the Decedent dated AUGUST 26, 2004 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: D 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.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his I her last principal residence at I LONGSDORF. SOUTH MIDDLETON TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA 17013 (List street address, town!city. township. county. state. zip code) Decedent, then 82 years of age, died on SEPTEMBER 15,2007 CARLISLE. PENNSYLVANIA 17013 at CUMBERLAND CROSSINGS. I LONGSDORF, Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania 425,000.00 $ $ $ $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence JEFFREY C. HORICK, 1914 DOUGLAS DRIVE, CARLISLE, PA 17013 Form RW-02 rev. /0.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND 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 ofPetitioner(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 ,(~~ / )~ Signa e of Pa nal Representative ~1 { before me the day of (-) Signature of Personal Representative :' 1\)). F\.\\> rJignature of Personal Representative ~ c-, File Number: /~ \ - (} 1 - g ~q Estate of PHYLLIS W. HORICK , Deceased Social Security Number: 179-20-7193 Date of Death: SEPTEMBER 15,2007 AND NOW, ~I pVrt, 0----<.,,,_ 1--1 't , (~OO '1 ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to JEFFREY C. HORICK in the above estate and that the instrument(s) dated 8 - .-:J.\r: - C>~4 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. 'y(r, \d '..JCIj\ c ~(~ ^ , Register of Wills Letters $ 410.00 4.00 f---\ , \.LL.'): G^ h rvJ FEES Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ JCP .. . $ AUTOMATION FEE . . . $ WILL ... $ ... $ ... $ .. . $ ...$ . .. $ .. . $ TOTAL . . . . . . . . . . . . . . $ Attorney Signature: ./h-.~" .~ ROGE~ I WIN, ESQUIRE \_,/ 10.00 5.00 15.00 Attorney Name: Address: CARLISLE PA 17013 Telephone: (717) 249-2353 444.00 Form RW-02 rev, 10,13.06 Page 2 of2 LOCAL RE.GISTRAR'S CERTIFICATION OF DEATH WARNING It is illegal to duplicate this copy by photostat or photograph. ! .; ,il ",( ( ,\,"t'~~W'iiFPti;C:c ;.'.:,.\-1' " ", 'C"1'c\ ~J'~"'/ '0- -<.J).:-~, t~~.,., ~.~\\ <. .,' , y>., " :e' ,"'" 'z. " \ ~" t: y ~.;, ,~}i \~... 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VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER ~ 'Namt'(l!r~"~(F"s1.mIddlelaslsu!ll'1 € Dale 01 Sinh tMor:lh aav v*;,rI larch 6, 1925 (',ettysburg, FA. 8d FacIlity N.me (11 "Ollnstll\Jll("t\. .,VI JlIHl .nd nurrtleI) 1\ Cllnberland Crossin '2 .....as Dece<1erl'evef '"the U,S, Mned FOfceS? 0,,, 0lNo ~"', N:rua!~17aSlalf 13 D&ceot>"ls ECl1ClllOfll~v on~ ~s, praoe CO'Tlplelf!d1 Elementary I 5f<:ond8ry (0-121 CoileQe (I.... or S+j 12 FA Adams Fle~tturt{ir~~ . 16 ~t s MaII'"9 AdOre55 t9T~I cilr. lown. stale. lip codel 170 PFlrlc St. Bend s Pa. 17306 17b, Coum)' -20 -7193 ~I" 01 0II11!" 1~:)OTI"Jl'l\' ..Ail'1 Se tembet-15 2007 ex"", nN~IflQ HomE' I&J No 0 'os 14 Mantal Sl<ll~ MarrlPd Never Mamed. W~P.d.DrvortedI~ widowed 'or DOlhf>'-Soec1~y 10 Ract' A.rnt'flCan 1noIa.n, Bl.:K:k, Whl1e, .fC. l~ phi te 11cDVe5.~~", t7d ~~"=,\""''''''''' Bendersville C<<yf8ofo ChCl C. W a .r 19 ~IN'ITlIIFII'Sl,~ INllOMsumamel Erina B. Schriver 20b l!'1tom\anl s MailIng Mnss IStreel Cfy I bItr1 stale, n> c::ode) 1914 Douglas Dr. Carlisle, Pa. 17013 o w ~ ~ . ~ 20a In/OrmAn! 5 NaITW! n",'tlE! I Pnnl) Jeffrey C. Horick ! OC1emallon DlIor>.1\ln1" lIb Dall' 01 DlSOOS/IXY1 IMonth. dar. year) I ~'=::':"""';"~~~D,,,DN' 9/19/2007 21t PI<lao 04 o.spositO"l (NamrtotOl'llTlelfIfY lnma!Of', 01 olJ'l@1'placel Benoersvi11e, Pa. 17306 Bendersvil1e Cemetery 2.; c Name and .I.OOrl!SS 01 r toht) 1''',1n Flmeral Home Inc. Bendersvi lle Fa. Appr1]umlllel1lerval CW1set 10 DeaIt1 =~~~~~~dtse~ ;;'1 tVUfl .0, . Du. IoF'" """'eQ"'"", '1 l .. b {l.{/('1(( C I/J/>-{c\(lif J(k~ .,luj h,.1AY, /'( ~baly~~tor1dit1mS~IJrl) lfadlr>91(,\fWOcaUWI!sIMon~flf'a [nle' thl' UNDERLYING CAUSE 100M'~ 01 "IIJl'Y tMt ....haled ltlf' ....~~ IltSIlttJng '" a.'IN U.ST DufllO lor I!I II conseQUel"IC1! oIl [)ue 10 101' IS I 0f)n$901J4tflCf/ (1) :na W;15IfLAUlops\ P8rlom~(P 3CtlWefI!AuT~Flrldor>OS "v.tilablePnor-lo~ 01 CallSf! 01 Oealt>~ JI. 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OisOQSil1Oll PPmlrt Nc lId LOCJlllnl'l /C~y IIOwfI Wtll!, l1Q cone' OVl!$ !SQN' PIl1IIEml!'Olt\(>fm~.!]\l.lQ.~~~ bulnol resu1mg1fl1l'le1J1dertvlo9C31JS1!gM!flIflPlrtl 28 Do:j 100are0 Use ConlllO<.Jtt' 10 [)ealt1~ @-'fe' 0"- ON' 0- ,lr ,z,i'Cf f.~ Itr,,,</ I1t/(((",h~ 29 II Fl'!HIOlI€ g-'Na! Df~"l WithIn pa!1 Yeal o Prel:lMma11rn('oIONltl o No' PfP9Mnl. bvI [)I'PQI"I81'11 M!turI42 daY' of09alt' o NoI~"!,butDffl9R8m'JOIY1k:llyu' hlltCYI!Oreal" o Uf"'\OWI'l~pr~nl'Nl!tltnrr.DIL<;l'l'l'al 32c PI,)('! 01 IrIlU<'j I-1orr1@,Faml.Sue('1 factory. OItIC't?Buik)'l(jf!ltl.5ofocr1yJ 32\llocahonotlntl.Jf)'l~I.Clfyl\OW"1S\atl!1 '" o.c;ll'~~' ."" 34 NatMlndAoorl'SS?P~nr;.WhoC~ledG.1U$l!olDeaIl\III11m27,! lrt'f! Pnn1 ( l, r' I ,.., W.'tlL (i,.MilY. 'I, /0 ,,! II' , - .' , CAMPBELL & WHITE, P,C. ATTORNEYS AT LA W' 112 HAl,TIMOR!: STREET (jfTrVSBI 'IW, I'E."I,"ISYLVA,"I[A I n2.~ LAST WILL AND TESTAMENT OF PHYLLIS W. HORICK I, PHYLLIS W. HORICK, of 170 Park Street, Bendersville, Adams County, Pennsylvania, do make and publish this my Last Will, hereby revoking and making void all former Wills heretofore made by me. FIRST: I direct that my Executor or Successor Executrix hereinafter named payout of my general estate, as soon as possible after my death, all my just and legally collectible debts, funeral expenses, expenses of administration of my estate, and all estate, inheritance and like taxes becoming due with respect to any and all property required to be included in my gross estate for tax purposes, regardless of whether such property passes by the terms of the Will; and the transfer of all such property shall be free and clear of such taxes. SECOND: I give, devise, and bequeath all of the rest, residue and remainder of my estate, wheresoever situated, in equal shares unto my children, Jeffrey C. Horick, Jennifer H. Bucher, Marjorie H. Botchie, Brian L. Horick and Jill H. Lanza, or their issue per stirpes. Provided, however, that if any share would otherwise vest In ,j ,or be distributable to issue per stirpes of a deceased c) child, and if such issue are under Twenty-Five (25) years of age at the time of distribution or vesting, then in lieu of Page 1 of Will dated ~J.I,_() '/ ~~ ;JI~ CAMPBELL & WHITE, P.c. ATTORNEYS AT LA W IJ2liAI.TIMURESTKEET GETrYSBlIIH',I'ENNSYI.VA,"'I]A ]7]25 OI7JJ34-~2H the actual vesting of the share or distribution outright to said grandchild, I direct that the share of said grandchild be held IN TRUST, with Adams County National Bank, Gettysburg, Pennsylvania, who is to hold, administer, invest and reinvest the funds for the following uses and purposes: A. I direct the Trustee to create separate shares (per stirpes) for each grandchild who would inherit pursuant to the terms of this will and I direct that the per stirpes shares be administered as follows: 1. The share to be apportioned to each of my grandchildren who shall be under Twenty-Five (25) years of age shall be held In Trust for the benefit of such grandchild, and all or any part of the net income derived from the Trust for such grandchild and all or any part of the principal of the Trust shall be paid to or applied for the benefit of such grandchild in such a manner, in such intervals and in such amounts as the Trustee, in its uncontrolled discretion, shall deem needful or desirable for the grandchild's welfare, maintenance, support and education, and for medical, surgical, hospital, or other institutional care of such grandchild. The Trustee, if it so desires, is specifically authorized to accumulate income until the beneficiary of each respective Trust, if more than one, attains age Twenty-One (21). 2. When each grandchild attains Twenty-One (21) years of age, the Trustee is directed to distribute One-half (1/2) of the principal of said Trust to said grandchild free and clear of the Trust. When such grandchild attains Twenty-Five (25) years of age, the Trustee is directed to distribute the remaining One-half (1/2) of the principal to said grandchild free and clear of the Trust. After the grandchild attains age Twenty-One (21), the net income earned by the Trust shall be paid to the grandchild in a manner convenient to all parties Page 2 of Will dated/-~t.-~~ fJ~ft/. ?I~ CAMPBELL & WHITE, P.c. ATIORNEYS AT LAW 112 BALTIMORE :>.TREET fiElTYSBtfR(i,I'ENr-:SYLVANIA IB2~ of interest, but at least annually. 3. If any grandchild whose share is held In Trust dies before attaining age Twenty-Five (25), then the entire remaining principal and any accumulated or undistributed income of his or her share shall thereupon vest in and be delivered and conveyed to such grandchild's brothers and sisters, provided, however, that said shares would be held In Trust if the brothers and sisters were under Twenty-Five (25) or distributed outright if over Twenty-Five (25), for the uses and purposes hereinbefore outlined. If a grandchild whose share is held In Trust dies prior to age Twenty-Five (25) leaving no brothers and sisters surviving, then his or her share shall be distributed to my other children or their issue per stirpes. 4. If, after a grandchild attains Twenty-One (21) years of age, his or her Trust should at any time have a principal amount of less than Ten Thousand Dollars ($10,000.00), the Trustee is authorized to distribute said amount to the grandchild free and clear of the Trust. in addition to any other powers that might be vested ln B. The Trustee shall have the following powers them by law or by other provisions of this Trust. Page 1. The power to retain any or all of the assets of this Trust, real or personal, including stock, without regard to any principal of diversification of risk. 2. The power to invest in all forms of property, including stock, common trust funds and mortgage investment funds, without restrictions to investments authorized for pennsylvania fiduciaries, as the Trustee deems proper, without regard to any principal of diversification of risk. 3. The power to sell at public or private sale, to exchange, or lease for any period of time, any real or personal property, and to give options for sales, exchanges or leases, for such 3 of Will dated t- ,24--'" -; .-fJ~ ')(/. N ~ CAMPBELL & WHITE. P.c. A TTORNEYS AT LAW 112 BALTlMORESTREET OElTYSBl1RG.I'ENNSYLVA1"IA 17325 OI7J~J4-n7X prices and upon such terms or conditions as the Trustee deems proper. 4. To allocate receipts and expenses to principal or income or partly to each as the Trustee, from time to time, thinks proper. 5. To compromlse any claim or controversy. 6. To distribute in cash or in kind or partly in cash and partly in kind. 7. To hold property in the name of the Trustee without designation of any fiduciary capacity or in the name of a nominee or unregistered. 8. Be entitled to compensation In accordance with its schedule of fees in effect at the time services are performed. THIRD: I nominate, constitute, and appoint my son, Jeffrey C. Horick, as Executor of this my Last Will and Testament, provided that he survives me and qualifies as Executor within Sixty (60) days after my death. I expressly direct that he not be required to post bond for the faithful performance of his duties in this or in any other jurisdiction. FOURTH: In the event that my son, Jeffrey C. Horick, does not survive me, or in the event that he fails to qualify as Executor within Sixty (60) days after my death, I nominate, constitute, and appoint my daughter, Jennifer H. Bucher, as Successor Executrix of this my Last Will and Testament. I expressly direct that she not be required to post bond for the faithful performance of her duties in will dated 2S'-,1. '-- t;'1 ~to..:._~ /I ~ ~ Page 4 of CAMPBELL & WHITE, P.c. A TTORNEYS AT LAW III BALTIMORE ~'TJ.lEF[ {iETfYSBtJIW, I',NNSYLVANIA In2~ i717..114_<J27K this or in any other jurisdiction. FIFTH: I confer upon my Executor or Successor Executrix full power and authority to sell, transfer and convey any property, real or personal, which I may own at the time of my death, at public or private sale and at such time and place and upon such terms and conditions as my Executor or Successor Executrix may determine. I further direct that my personal representatives designated shall have the power to make distributions in cash or in kind, or partly in cash and partly in kind, and in such manner as the personal representative may determine, and at the valuations fixed by said personal representative. IN WITNESS WHEREOF, I, Phyllis W. Horick, the Testatrix, have to this my Last will and Testament set my hand and seal this ).Gd~ , day of A~vs+ , Two Thousand Four (2004) ~1f!?I~ Phyl 's W. orick Signed, sealed published and declared by the Testatrix, Phyllis W. Horick, as and for her Last will and Testament in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto SUb~~S Witnesses. .t-r ,;(.~ Page 5 of Will dated $... -:J ~- 0 If f}t, ~ 1!d;JJ~ <S CAMPBELL & WHITE, P.c. ATTORNEYS AT LA W 112 BAI.TIMfIRESTREET <iE-n'YSHUIW,I'ENNSYLVA.\JIA In25 0I7.334-n7~ . . . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ADAMS We, Phyllis w. ~~/~ ~~ &"/I~ and Horick, the Testatrix and Witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and she had signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the Witnesses, in the presence and hearing of the Testatrix signed the Will as Witnesses and that to the best of their knowledge the Testatrix was at that time Eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~ 1fo~2(~(SEALI Subscribed, sworn to and acknowledged before me by Phyllis W. Horick, Testatrix, and subscribe~~nd sworn to beforei"me Jy e~~~ and ~~ , Witnesses this ~~~ day of ~ ,2004. (SEAL) 2JJ-t~ COMMONWEAL T OF PENNSYLVANIA Notarial Seal Mary Ellen Hall, Notary Public Gettysburg Bora, Adams County My Commission Expires June 29, 2007 Member Pef'n"vl"""j" A""ociation of Notaries My commission expires: Page 6 of Will dated $'- ;Z(,~t?1I -fJ~ 1fd ;Y~