HomeMy WebLinkAbout12-14-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
COUNTY, PENNSYL VANIA
Estate of John W. Lyter III
also known as
File Number
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Di. ~ \3 \
, Deceased
Social Security Number 201-16-4217
November 26, 2007
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
III A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor
last Will of the Decedent dated September 26,2006 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:
o B. Grant of Letters of Administration
(Ifapplicable. enter: c.I.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.)
Decedent was domiciled at death in Cumberland
724 W Louther St. Carlisle, P A 17013
(List street address. town/city. township. county. state, zip code)
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County, Pennsylvania with his / her last principal :r.esid~nce at
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Relationship
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
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Decedent, then 81
years of age, died on November 26, 2007
at Carlisle Regional Medical Center, Carlisle, P A 17015
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
(Ifnot domiciled in PAl Personal property in County
Value ofreal estate in Pennsylvania
185,875.00
$
$
$
$
200,000.00
situated as follows: 724 W Louther St., Carlisle, P A 17013
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 fonn to
the undersigned:
T ed or rinted name and residence
John R. Lyter 1211 Georgetown Circle, Carlisle, P A 17013
Form RW-02 rev. 117.13.176
Page 1 of2
Oath of Personal Representative
COMMONWEAL TH 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 beliefofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Swom to or affirmed and subscribed
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before me the
Signature of Personal Representative
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Signature of Personal Representative
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File Number:
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Estate of John W. Lyter III
, Deceased
Social Security Number: 201-16-4217
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Date of Death: 11126/2007
in the above estate
and that the instrument(s) dated 9/26/2006
d"cribed in the Petition be odmitted to probate and filed of ~J.'~ as the I~t Will
FEES ~
Letters . 3~~ .~JS.. $
Short Certificate(s) . . \.Q . . . $
Renunciation(s) .......... $
~\\\ . . . $
~(~ '" $
~b ...$
... $
... $
... $
.,. $
... $
.. . $
TOTAL.. .. .. .. .. . . " $ Lt3D(D~
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Attomey Signature:
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to
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Attomey Name:
Supreme Court J.D. No.:
Address:
1048 Hanover 8t
Carlisle, PAl 7013
Telephone:
717-243-7437
Form RW-02 rev. 10.13.06
Page 2 of2
IIIO.".SII) REV' {nU()'!1
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
This is to certify that the information here given i
correctly copied from an original Certificate of Deatl
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Records Office for permanent filing.
P 13888321
Fee for this certificate. $6.00
~.~~~~~~_.NOY 2 8/ 2007
. Local RegIstrar Date Issued
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Certification Number
S2
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H1()5.143 REV 1112006
TYPE I PRINT IN
PERMANENT
B~CK INK
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
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6. Dale of Birih (Month, day, year)
4. Date of Death (Month, day, year)
November 26, 2007
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1. Name 01 Decedenl (FllSt, middle. Iasl, suffb.}
John W.
Lyter III
most of Jlfe.Donolslale
Klnd~_I_
Insurance
12. waS Oecederlt ever iN !HE
U.S. Armed Forees?
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ActuatRe:sidence Ha.Sta\e
17b.ColXlly
13. Decedent's Education (Spedfy only l\igtlesl grade compleled)
ElemenUj.ry I Secondesy (0-12) College (1-4 or 5+)
'\ 2 yrs. 4 yrs.
Did DecOOenl
Uveina
Township?
14. ~~~~~Marr\ed, 15. Surviving Spouse (ffwile, give maiden name)
Widowed
10. Race: American Iruiian, Black, While, ele.
1- Whi te
19. MoIhets Name (First, midlIe, maiden sumame)
Thelma Black
2Ob. Infotmllnrs Mailing Address (Stree~ cIly /Iown, state, zip codal
1211 Georgetown Circle, Carlisle,Pa. 17013
21c. Place of 0isp0&i00n {Name 01 cemetery, crematory or oIher place) 21d. LocaliotI (City/town, slate, z1pcodel
Hollinger FH/Crematory Inc. Mt.Holly Springs,Pa.
Bb. County or Death
ad. Faci\'rIy Name {If noI 'nstilution. give street and I'llJfTlber)
Carlisle Regional Med.
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Sept. 6, 1926
Carlisle, Pa.
Twp.
Carlisle Boro
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. 16. Deced&nrs Maijing Address (Street, dty I town, stale, zip code)
724 W. Louther st.
Carlisle, Pa. 17013
1&. Falher's Name IFlrst, mIckIIe, last, suffix)
John W. L ter II
2Oa. InforrT'\8lnl's Name (Type! Print)
John R.
He. 0 Yes, Decedent Lived in
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CAUSE OF DEATH (See instructions and examples)
l\em27. Pan-I' Enterlhe ~ -liSeaSe8, ~uries, or compIlcations -IMt tiredly caused the death. DO NOT enlefterminal ~ such astW\ac aTTtlS\,
res.pira~ 8fJ9!St, orventrlctMr flbrll8l1on wiIhout showing the etiology. List only one cause on each line.
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Partn:Emerothersianlficanf~~lod88lh,
butnol resutlinginlheundeffyingcause !iYeninPartl.
26. Was Case Referred 10 Medical Examiner I Coroner for a ReaS()(l Other than Cremation or Oooab?
Dy.. ON.
Iltf'l'l!i 24-26 musl be completed by person
woo prooounca& death.
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En\8! ho UHtlERlYING CAUSE
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Cue to (or as a consequence 01):
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Due to (or as a consequence of);
3Oa. was an At;top&y
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AVllil8blePriorlo~
01 Cause of Dealh?
32g.locallorlofJ'*""(Stf1l8l,city/town, state)
31. Manner of Death
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32d. Time 01 Injury
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. ~: ~r:= and! or \nveSllgatlon, In my opinion, de8Ih occurred III the time, dale, and place, and due to the cause(s) and rnaMef' IS slated.. 0
28. Did 'Tob8cco Use ContribUte to Death?
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34. Name and Address of Person Who CompIe~ Cause of Death (Item 27) Type I Print _ ~
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LAST WILL AND TESTAMENT
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I, JOHN W. LYTER, III, of Cumberland County, Pennsylvania, do make, publish
JOHN W. LYTER, III
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and declare this as and for my Last Will and Testament, hereby expressly revoking all
wills and codicils made by me heretofore, and dispose of my estate as follows:
ITEM 1: I direct the payment of my just debts and funeral expenses, including a
suitable and proper grave marker, as soon as conveniently can be done following my
decease.
ITEM 2: I direct that all State and Federal Transfer Inheritance Tax, Estate Tax,
Succession Tax or any other tax, including any interest, assessments or penalties
thereon, that may become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament, or in any other manner,
shall be paid from my residuary estate, just as if such taxes were my debts, and no
beneficiary shall be required to payor refund any part thereof.
ITEM 3: I give and devise the following:
A. Twenty-five thousand dollars ($25,000.00) to my grandson, JOHN REED
LYTER; and
B. Twenty-five thousand dollars ($25,000.00) to my granddaughter, REBECCA
ANNE LYTER.
ITEM 4: All of the rest, residue and remainder of my estate of whatsoever nature
and wheresoever situate, I give, devise and bequeath to my son, JOHN R. LYTER, if he
survives me.
ITEM 5: If my son, JOHN, does not survive me then all of the residuary estate
shall be given to my grandchildren JOHN REED LYTER and REBECCA ANNE LYTER,
equally.
ITEM 6: In the administration of my estate my Executor shall have the
following powers without leave of court in addition to, but not in limitation of, the powers
granted by law to the Executors of estates, which powers shall continue after the
termination of my estate until actual distribution of the assets:
A. To receive in the estate and to retain any assets, real or personal, to which I
may be entitled at the time of my death, which my Executor may deem for the best
interest of the estate without being required to convert said assets into so-called "legal
investments".
8. To invest and reinvest in such securities as a prudent investor of intelligence
and discretion would buy for himself for investment, and not for speculation, giving due
regard to the safety of the principal and the adequacy of the income, and without being
limited to the so-called "legal investments" of the Commonwealth of Pennsylvania, said
investment authority to include the right to invest in any Discretionary or Legal Common
Trust Fund that may be administered and managed by a Corporate Executor or
Corporate Trustee.
C. To sell or buy real estate without Court order at public or private sale; to make,
execute and deliver or receive good and sufficient deeds of conveyance and give or
receive good title therefor; to reinvest the proceeds as if they had originated in personal
2
property; to mortgage or encumber any real estate comprising part of my estate,
borrowing the necessary funds from himself or from any other source; to improve any
property or otherwise expend principal funds for the upkeep and welfare of any
properties; to release, vacate and abandon the same; to grant and acquire licenses and
easements with respect thereto; to make improvements to or upon the same; and in
general to do all things necessary in the management of the properties as if he is the
owner thereof, including the right to let property and to make leases for any term. The
purchaser shall not be required to see to the proper application of proceeds but may pay
the same over to the Executor selling the same.
D. To make distribution hereunder in cash or of property and securities in kind at
fair market value at the time of such distribution and in such a manner as to be fair,
equitable and just to all concerned. Distributions of property and securities are not
required to be identical among the beneficiaries, and some may receive one type of
property or security while another may receive another type of property or security.
E. To exercise any election or privilege given by the federal and other tax laws,
including but not limited to, the election of the alternate valuation date for federal estate
tax purposes, the election to claim deductions for federal estate tax or for federal
income tax purposes, and the election of the method of payment of pension, profit-
sharing, HR-10, individual retirement account, and any other similar benefits. In
addition, my Executor, in his sole discretion, may make or not make equitable
adjustment among the beneficiaries, without the consent of the beneficiaries, for the
exercise or non-exercise of any election or privileges.
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ITEM 7: I nominate, constitute and appoint my son, JOHN R. LYTER to be the
sole Executor of this, my Last Will and Testament. If JOHN R. LYTER is unable or
unwilling to serve as Executor, I appoint JOHN C. OSZUSTOWlCZ to be the sole
Executor. No Executor shall be required to give bond.
ITEM 8: Wherever the context requires, the masculine gender shall include the
feminine and neuter gender, and vice versa, and the singular shall include the plural, and
vice versa.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2(P~ay of
Sep\-ember-, 2006.
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JO N W. L vtER, III --
Signed, sealed, published, acknowledged and declared by the above-named
Testator, JOHN W. LYTER, III, as and for his Last Will and Testament, in the presence of
us, who, at his request, in his presence and in the presence of each other, have hereunto
subscribed our names as witnesses thereto.
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Of 110 5DYI twfbr>>Jt RA. ~vf,JJ., PA-.
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4
COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF CUMBERLAND
I, JOHN W. LYTER, III, Testator, who signed the foregoing instrument, having
been duly qualified according to law, acknowledge that I signed and executed the
instrument as my free and voluntary act for the purposes therein contained.
Sworn to or affirmed and
acknowledged before me by
JOHN W. LYTER, III,
the Testator, thisZ(l)"~ay
of SeptPJ'Y\be r ,2006.
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Notary Public
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JOHN W. LYTER, III -
ammo we Ith of P nns Ivania
NOTARIAL SEAL
KIMBERLY R. LEO, Notary Public
Carlisle Borough. County of Cumberland
My Commission Expires Oct. 10, 2009
COMMONWEALTH OF PENNSYLVANIA
)
)
)
SS:
COUNTY OF CUMBERLAND
We, the undersigned witnesses who signed the foregoing instrument, being duly
qualified according to law, depose and say that we were present and saw Testator sign
and execute the instrument as his Last Will and Testament; that he signed and executed
it willingly as his free and voluntary act for the purposes therein expressed; that each of
us in his sight and hearing signed the Will as witnesses; that Testator is known to each of
us; and that to the best of our knowledge and obse tion the Testator was he time of
sound mind and under no constraint or undue influe
Sworn to or affirmed and subscribed
to before me byTrt'cl'a. D Naylor
and ...bav ld ~ M e..t7_ witnesses,
this l1R.. day of 5e..p-k,mber I 2006.
_V_Lr \LO
Notary Public
5