HomeMy WebLinkAbout09-26-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Linda S. Chittum
also known as
COUNTY, PENNSYLVANIA
File Number 21-08-~~~?j
,Deceased Social Security Number
Judy L. Hager
Petitioner), who isj~ 18 years of age or older, applies) for:
(COMPLETE ;4' or B' BELOW.•)
QX A. Probate and Grant of Letters Testamentaryand aver that Petitloner~) is/~K the bcecutrix named in the
last Will of the Decedent, dated 05/20/2008 and codittil(s) dated N/A
State relevant Grcumsfances, e.g., renunclafion, death o/executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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
x~ e, en c..a.; ..n.a .a.; ~ e e; uren a sen ra; uren a mono e
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(!f
Administratron, c.t.a. or d.b.n.c.t.a., enter date of wll in Section A above and complete list of heirs.) r~
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Name Relationship Residence -~ ~ ~ ~ ; : `~.
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. O
Decedent was domiciled at death in CumbeNand County, Pennsylvania with his /her last principal residence at
1008 Allen Street, New Cumberland, Cumberland, PA 17070
(List street address, town/city, township, county, state, zip code)
Decedent, then 64 years of age, died on 09/15/2008 at
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 450,000.00
(If not domiciled in PA) Personal properly in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 125,000.00
situated as follows: 1008 Allen Street, New Cumberland (Borough), Cumberland County, PA 17070
Wherefore, Petitloner(~ respectfully request(s) the probate of the last Will presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
or printed name and
Judy L. Hager 254 Hillcrest Road
Camp Hill, PA 17011
~; 717-737-7292
Rev. 16132008 Copyright (c) 2006 form software ony The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
couNTY of Cumberland }
The Petitioner(F~ 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 Petitionedand that, as personal representative(~q of the Decedent, Petitioner(>a'~ will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me this 2 6th day of
September 2008
For the Register
Signature of Personal Representative
Signature of Personal Representative
File Number: 21-08- Oq `p
Estate of Linda S. Chittum
Social Security Number: 359-38-1077
Date of Death: 09/15/2008
,Deceased
AND NOW, September iC.~O 2008 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Judy L Hager
in the above estate
and that the instrument(s) dated 05/20/2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES +1
Letters .......................................... $ "t~DQ .~7
O Short Certificate(s) ........................ $ !r{(~ . pu
Renunciation(s) ............................. $
~JC~ $ 1~ .cx~
$
$
$
$
$
$
$
TOTAL .................................. $ 5 ~(~ U~
Attorney Name: Wm. D. Schrack III
Supreme Court I.D. No.: 15893
Schrack 8r Linsenbach Law Offices
Address: 124 W. Harrisburg Street
P.O. Box 310
Dillsburg, PA 17019-0310
Telephone: 717-432-9733
E-Mail: Schracklaw@comcast.net
Form RW-OZ Rev. 10.13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
Attomey Signature: ~ _ _
H:\W II.LS\Chittum.Linda. W ill.doc
May 20, 2008
LA5T WILL AND TESTAMENT
OF
LINDA S. CHITTUM
I, LINDA S. CHITTUM, of New Cumberland, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime
heretofore made.
1. IDENTIFICATION OF FAMILY. I declare that I have no children and I am not married.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of (1) a funeral or memorial service; (2) the interment of my remains, including the
costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at,
and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my
executor in his or her sole discretion may allow as claims against my estate.
3. SPECIFIC BEQUESTS.
3.1 Regarding my beloved dogs, Grady, a black and white Japanese Chin) and Rufus, (a red
and white Shih Tzu): Upon my death, Grady is to be delivered (at my expense) to LORI
o W. CABELL, D.V.M., currently of Metropolitan Veterinary Associates, in Valley Forge,
`-`' ~ '~' ~ ,..._ ~'ennsylvania. Dr. Cabell has indicated that she will find him a suitable home. With
L 1_. __.. , ~ ['_
~- _> :: ~~ c~espect to Rufus, if Dr. Cabell is aware of anyone who understand and dotes on the breed
• ',.:3 °~ ~- ~ ~ L-Shih Tzus, who would be willing to give Rufus a home, then Rufus can go to that home.
-- _ _ ~ ~ c _''.::ff Dr. Cabell is not aware of a suitable home for Rufus, then he is to be humanely
`" ~ -' =` ~ euthanized at the Gett sbur Road Animal Hos ital, 1010 Wesle Drive, Mechanicsbur
`_ ca... c~ s . Y g P~ Y g~
~__. ,,~ ~ ~ =Pennsylvania. In the event that something should happen to Dr. Cabell before I die, both
:_ ` • ~ ~ brandy and Rufus are to be humanely euthanized at the Gettysburg Road Animal
`''' Hospital.
3.2 I give and bequeath the sum of Five Thousand Dollars ($5,000.00) to ROBERT C.
JUST, JR., at the Augusta Veterinary Hospital, Augusta, New Jersey. If Dr. Just cannot
be located, then the Five Thousand Dollars ($5,000.00) remains in the estate.
4. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible
personal property of every kind and description, including, but not limited to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and effects,
and automotive vehicles and their accessories, but excluding any money, evidences of
indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, in equal shares, to JUDY LEE HAGER. I direct my
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Linda S. Chittum
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executor to divide my tangible personal property into two parts. The first part shall contain all
items that my executor determines, to be of no present or future value or use. The second part
shall contain the balance of the property. My executor shall dispose of the first part by sale,
abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be
added to my residuary estate. All property in the second part I give JUDY LEE HAGER. The
decision of my executor shall be conclusive and binding on all persons interested in my estate.
5. DISPOSITION OF RESIDUARY ESTATE.
5.1 Disposition. All of the rest, residue and remainder of the property that I own at the time
of my death, both real and personal, and of every kind and description, wherever situated, to
which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give
outright and absolutely to JUDY LEE HAGER.
5.2 In the event my JUDY LEE HAGER predeceases me or fails to survive me, then I leave
all the rest, residue and remainder of the property that I own at the time of my death, both real
and personal, and of every kind and description, wherever situate, to which I may be legally or
equitably entitled at the time of my death (my "residuary estate") to THE NATIONAL
HUMANE SOCIETY.
6. POWERS OF ADMINISTRATION.
6.1 Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 6. These powers and authorities
may be exercised by my executor and trustee in their sole and absolute discretion, without the
permission or order of any court. These powers shall be supplementary to those conferred by
law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania
Consolidated Statutes.
6.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate, however received and acquired, for so long as they deem appropriate. This power may
be exercised even though the property may not be of the type authorized by law for investment,
and even though the retention may leave a disproportionately large amount of the value of my
estate invested in one type of property.
6.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own at
the time of my death, or that may come into my estate or after my death. The sale, transfer, or
conveyance may be by public or private sale, at such time, on such terms and conditions,
including selling price and credit, in such manner, and for any reason that my fiduciaries deem
appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
6.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in
my estate in preferred and common stocks, bonds, notes, common trust funds (including any
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Linda S. Chittum
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managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases,
mortgages on property wherever located, and, generally, in any property and in proportions of
property as my fiduciaries deem advisable, even though the investments are not of the character
or proportions authorized by applicable law for the investment of the funds.
6.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate to secure repayment of any loan, as well as the
power to renew existing loans either as maker or endorser.
6.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
6.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended,
or other applicable law, and to determine which assets shall be sold and which shall be
distributed in kind, without notice to or consent by any beneficiary.
6.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a minor,
an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or
payments shall be made in any one or more of the following ways: (1) directly to the beneficiary;
(2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the
guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors,
including to my fiduciaries in that capacity; or (6) to any other person who shall have the care
and custody of the person of the beneficiary. There shall be no duty to see to the application of
funds so paid, provided due care was exercised in the selection of the person to whom the funds
were paid, and the receipt of the person shall be full acquittance of the fiduciaries.
6.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in which I
may have any interest at the time of my death for any period of time, or to liquidate the business
on any terms as they deem appropriate. This power includes, but is not limited to (1) the power
to invest additional sums in any business, even to the extent that my estate may be invested
largely or entirely in the business, without liability for any loss resulting from lack of
diversification; (2) the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary under this
Will; and (3) the power to make any other arrangements in regard to any business as my
fiduciaries shall deem proper.
6.10 Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment
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Linda S. Chittum
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counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries
deem advisable in the administration of my estate.
6.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate without the approval of any
beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final
accounts of my fiduciaries.
6.12 Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to inquire
into either the authority of my executor to enter into any transaction or the expediency or
propriety of any transaction entered into by my executor.
6.13 Charitable Donations. In the event that any of my tangible personal property is donated
to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s)
as an inheritance tax deduction for any inheritance tax return which maybe required to be filed as
a consequence of my death.
7. PAYMENT OF DEATH TAXES.
7.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my residuary
estate as a part of the expenses of the administration of the estate.
7.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will or
other transferee.
8. EXECUTOR.
8.1 Appointment. I name, constitute, and appoint JUDY LEE HAGER as executor of my
estate. If JUDY LEE HAGER shall not survive me, shall not serve as executor for any reason,
or shall cease to serve as executor for any reason after appointment, I appoint SUSAN H.
CONFAIR, ESQUIRE, as successor executor.
8.2 Bond Not Required. None of the individuals named in Section 8.1 shall be required to
furnish a bond for the faithful performance of his duties as executor.
9. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in
determining whether a person has survived me or another person, a person shall not be deemed to
have survived me or another person if he or she dies within sixty (60) days of my death or of the
death of the other person.
4 ~.~,, w ,~ ~ s ~. %.,t~,~
Linda S. Chittum
10. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary
under this Will, or to any other persons, except through actual fraud or willful misconduct on the
part of the executor or trustee. My executor may, from time to time, consult with counsel with
respect to the meaning, construction, and operation of this Will, particularly with respect to the
appointments, allocations, and disbursements, and may act on the advice of counsel in all matters
without incurring liability on account of his or her actions.
11. INTERPRETATION.
11.1 Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor, personal
representative, or administrator, as the case may be.
11.2 Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
11.3 Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a
part of this Will.
11.4 Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pages the first fo r (4) of which bear my signature in the
margin for the purpose of identification, this ~(Z~ay of , 2008.
LINDA S. CHTTTUM, Testatrix
Signed, sealed, published and declared by the above-named Testatrix, LINDA S. CHITTUM, as
and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and
presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses.
L
Witness
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fitness
Address
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COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND )
I, LINDA S. CHITTUM, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE FOREGOING
INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY
ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND
TESTAMENT; THAT I SIGNED TT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY LINDA S. CHITTUM,
THE TESTATRIX, THIS ~~DAY OF ~ 2008.
COI~MAOMN~~ PENNSYLVANIA
Notarid Seal
pebornh L~ Brenneman. Notary Public
Camp Hql Boro, ~ ~8 2010
My Cornmiadon
~~ p~ Aaaookitlon d
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
~ - .n~ b t9, ~ C- ~.. ~ NV~
LIND S. CHITTUM
TARY PUBLIC
. SS.
n
WE, ~~---.., ~- C J~ ~ AND ~ ~~' ~ ~2/~
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY
QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE
AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND
TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE 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 WII,L AS WITNESSES; AND THAT TO THE
BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS
OF AGE, OF SOUND MIlVD AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFRMED
2008.
TO AND SUBSCRIBED TO BEFORE ME, THIS ~C~~DAY OF
~+ of PENNSnvAniw
Wotar+d seat
Deborah L. Brenneman, Notary Publk
Camp H1U eoro, Cumberland County
My Commbalon June 18, 2010
Member. Pennavlvanla Areoda8en or Notaries
6