Loading...
HomeMy WebLinkAbout10-13-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of RAYMOND E. CALAMAN also known as Deceased COUNTY, PENNSYLVANIA File Number ~~-~(~ 7 " D Social Security Number 173-38-5027 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 Testamentary and aver that Petitioner(s) is /are the EXECUTRIX last Will of the Decedent dated 09/29/09 and codicil(s) dated (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 (IJapplicable, enter: c. t. a.; d. b. n. c.t.a.; pendente liter 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.) r.., Decedent, then 61 years of age, died on 10/06/09 at 65 WEST LOUTHER STREET, #2G, CARLISLE PA 17013 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 $ 3,000.00 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: or printed name and residence ?~yt ~ilj',v~n . l J ~l// n ~ Gh, . l/ ~ NANCY C. ROTHERMEL 346 W. FIRST STREET BOILING SPRINGS, PA 17007 named in the Form RW-02 rev. 10.13.06 Page 1 of 2 ._..., (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ -~ ~ 7 = ~ -} w{,~ ~ ~ _; Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal t'r~idence at ~ ' 65 WEST LOUTHER STREET, #2G CARLISLE, PA 17013 ,...., (List street address, townlcity, township, county, state, zip code) 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. ~ ~ C7 ~ Sworn to or affirmed and subscribed ~' ~' `F .~~~ Signat re of Pers nal Representative ~~) ~ r ~~~ fore me the ~ day of , ~._ , C~ ~,_,,_., ,_,_,, W 1 Signature of Personal Representative ~ ~.Y _C;~ ~ ~" "' f ~ 1 - rh. .... 1 ~ : ;~ For the Register Signature of Personal Representative - T~j ~ , z Q File Number: ~ - U vl ~ /~~0 Estate of RAYMOND E. CALAMAN ,Deceased Social Security Number: 173-38-5027 Date of Death: 10/06/09 AND NOW, ' (° Q ~ ~ 3 , 2Cx~9 , in consideratio n of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to NANCY C. ROTHERMEL in the above estate and that the instrument(s) dated 09/29/09 described in the Petition be admitted to probate and filed of recor s the last Will (a Codicil(s)) o Decedent. FEES Letters ............... $ ~ ~ ~ ~ Re 'ster of Wills Short Certificate(s) ........ $ 3 Z • ~ Attorney Signature: Renunciation(s) .......... $ Attorney Name: STEPHANIE E. CHERTOK 1 ~ $ ~`~ ~~ ~e.P ... $ I o ~ ~~ Supreme Court I.D. No.: 52651 Address: 61 WEST LOUTHER STREET ... $ ... $ CARLISLE PA 17013-2987 ... $ ... $ $ Telephone: (717) 249-1177 ... $ TOTAL .............. $ •Ol~ ~ Form RW-02 rev. 10.13.06 Page 2 of 2 LAST WILL AND TESTAMENT OF RAYMOND E. CALAMAN I, RAYMOND E. CALAMAN of Carlisle, Cumberland County ,Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my personal representative hereinafter named to pay all expenses of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. I instruct my personal representative to have my body cremated upon my death and I further instruct my personal representative to deposit my cremains in Conodoguinet Creek at Rumberger's Bridge Route 34 at Crane Drive. I do not want to have a viewing, a memorial or funeral service, or a published obituary. Under no circumstances do I want to allow my body to undergo an autopsy. SECOND I give, devise and bequeath the following property with all insurance proceeds thereon as follows: ~--~ ~ o r~ ,.~ ~~-,~ ..T.~ ,..~~_, _ _~ . . ~_ .J __. _.! "~ , ~ Page 1 of 8 A. All bank accounts that I may own at the time of my death are to be given to my sister, NANCY C. ROTHERMEL. In the event that NANCY C. ROTHERMEL predeceases me then I give my bank accounts to my nephew, BRAD LEE ROTHERMEL. B. Any and all vehicles that I may own at the time of my death are to be given to my brother-in-law, BOBBE L. ROTHERMEL. In the alternative, if my brother-in-law, BOBBE L. ROTHERMEL should predecease me, then I give my vehicle(s) to my nephew, BRAD LEE ROTHERMEL. C. I give all of my other belongings, including all items of personal property to my niece, TAMY WIMER, to keep or to sell as she sees fit. In the event that my niece, TAMY WIMER, predeceases me then I give all of my personal property to my sister, DOROTHY ANN "DOTTIE" PATTERSON. THIRD ,, I give, devise and bequeath the rest, residue and remainder of my estate, together with all insurance proceeds thereon of whatever nature and wheresoever situate to my niece, TAMP ~{ WIMER, providing that she survives me by sixty (60) days. (_~ FOURTH 1~ To my son, JAMIE RAY FISH, and my granddaughter, DREW FISH, I do not leave anything as my relationship with them during my lifetime did not include any contact to speak of. FIFTH Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under 21 years of age or, in the judgment of my personal representative, mentally disabled, shall be held in a separate trust by my personal representative as trustee until Page 2 of 8 such beneficiary reaches 21 years of age or during such period of disability. During the term of any trust created pursuant to this paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains 21 years of age, or until all such amounts are paid out of trust. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. SIXTH i ~~ I grant my personal representative the following powers in addition to and not in limitation of such powers as my personal representative shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my personal representative the broadest investment powers Page 3 of 8 possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of f~ ~' . Pennsylvania concerning estate and inheritance taxes on any interests that may pass ~.Iv under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. Page4of8 SEVENTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. EIGHTH I nominate, constitute and appoint my sister, NANCY C. ROTHERMEL as executrix of this my Last Will and Testament. In the event my sister is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my sister DOROTHY ANN "DOTTIE" PATTERSON as alternate Executrix of this my Last Will and Testament. In the event that my sister, DOROTHY ANN "DOTTIE" PATTERSON is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, ~ ` constitute and appoint my nephew, BRAD LEE ROTHERMEL as personal representative of this V I J my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. NINTH ,~ ~~ I hereby declare it to be my expressed desire that my personal representative employ the law firm of Stephanie E. Chertok, Esquire, of Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. Page 5 of 8 IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~~ day of ~e'f~F 2009. WITNESS: ~~~ YMOND E. CALAMAN Page 6 of 8 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, RAYMOND E. CALAMAN the testator whose name is signed to the attached or 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 it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. .~ OND E. CALAMAN Sworn o~ armed and acknowledged before me by RAYMOND E. CALAMAN the testator this ~~ day of ~~ , 2009. ~.---- __ ,, l~~/ ~~ ~, ._ S~PHANIE EOCHERTL SEAL Carl~ste Boro, Cam OK, FJacarY ~'ublrc My Commission Expire~M ch 24 Z Y 011 Page 7 of 8 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, Q~ns~i~D ~~.t1n~n T and ~~ o~ ec~-er' ,the witnesses whose names are attached ~~ ~~ Uj to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Last Will and Testament as witnesses and that to the best of our knowledge, the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. __. SS 1 MOND E. CALAMAN Swo r a rmed and subscribed before me by ~ / , and ~~-- ~ ~ ~. ~ this ~ day of , 2009. f r,...-- r f' ~_.-._ NOrArral SEgL STEPHANIE E CHER70K, Notary Publ~r Carlisle Boro, Cumberland County nny Commission Expires March Z4 201 1 Page 8 of 8