HomeMy WebLinkAbout11-05-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of E>~MA_ GENE ELRICK File Number
also known as
,Deceased Social Security Number 203-10-8728
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 / aze the .EXECUTRIX named in the
last Will of the Decedent dated 6/1/2006 and codicil(s) dated N/A
(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 executi~ o~F the instr ~ t(s)
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A ~~ `~
B. Grant of Letters of Administration ~ ~,~ "'~G'
(IJapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia;
~.,^,, ~ .
Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the folio tf an~and heirs: {
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ `4~~
.,.~ N ..~
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal ;residence at 5225
WILSON LANE MECHANICRRt 1RC~ pA 17055 LOWER ALl FN TUNyF) C`IIMRFRI ANTI t^n
(Lrst street address, town/crty, township, county, state, zip code)
Decedent, then 89 years of age, died on 10/30/2009 at BETHANY VILLAGE WEST. 5225 Wu SnN 1 ANF
MECHANICSBURG. LOWER ALLEN TWP CUMBERLAN COUNTY PA 17055
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 60.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 0.00
N/A
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the gent of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
REE DEAN
Form RW-02 rev. 10.13.06 Page 1 of 2
(COMPLETE WALL CASES.) Attac]Y oddillonal alraas tjnecGCSary.
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 Irnowledge 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
before me the 5th day of
hlovembPr 2ppq
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F the Register
File Number:
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Signature of Personal Representative REE DEAN rr~ d
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Signature of Personal Representative y. •• ~ '"'t7
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Estate of FMMA GENE ELRICK ,Deceased
Social Security Number: 203-10-8728 Date of Death: 10/30/2009
AND NOW,1`lovember 5 , 2009 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to REE DEAN
in the above estate
and that the instrument(s) dated 6/1/2006
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil )) of Decedent.
FEES .; ~~~/~ ~~ ~ n !'!'l ,P .t/ ~Mi Il\ ~ !l Il ~~.. ~ ,
Letters ............................. $ 135.00
Short Certificate(s) ............ $ 24.00
Renunciation(s) ................ $
,ICP ,,,, $ 10.00
AUTOMATION ,,,, $ 5.00
WILL FEE ,,,, $ 15.00
.... $
.... $
.... $
.... $
.... $
.... $
TOTAL ............................. $ 189.00
Form RW-01 rev. 10.13.06
Attorney Signature:
Attorney Name: DAVID C. MILLER- - R.
Supreme Court LD. No.: 36504
Address: 1100 SPRING GARgEN DR_ STF A
MIDDLETOWN
PA 17057
Telephone: (717) 939-9806
Page 2 of 2
_ _ _
I-r~~S.,Qlli itG~l /l11 rn^\ ~ _ _ ~_ _- _~ ~ _ _ _
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat ar photograph.
Fee for this certificate, $6.00
P 15691823
Certification Number
This is to 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 permanent filing.
0 2 2009
ocal Registra~ a Date Issued
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Diepoaitan Permit No. C.1 J~O ~ ~' ~ / ~
LAST WILL AND TESTAMENT r~
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EMMA GENE ELRICK ,
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I, Emma Gene Elrick, of Harrisburg, Dauphin County, Pennsylvania, being of sound and c1~po~ing mi~do ~,7
a0
hereby make, publish and declaze this to be my last Will and Testament ,hereby revoking and making null and void 4
all prior Wills and Codicils made by me at any time heretofore.
ITEM I. I direct that all my legally valid debts, funeral and administrative expenses, and debts
incurred or payable because of my death, shall be paid by my Executor, hereinafter named, from myresiduary estate
as soon after my death as practicable. All death taxes, including federal, state and other death taxes,, with respect to
the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest
or penalty imposed thereon, shall be considered an expense of administration of my estate, without apportionment or
right of reimbursement. Taxes on future interests may be prepaid.
ITEM IL I duect that my funeral arrangements have been made in advance throggh the James Stone
Funeral Home in Steelton, Pennsylvania, and that my funeral shall be conducted in a manner corr~sppnding with my
estate and situation in life. I further direct that I be buried in my family plot in Oberlin Cemetery, Oberlin,
Pennsylvania.
ITEM III. I bequeath my household and personal effects, jewelry, automobiles, and other tangible
personalty of like nature as follows:
A. One third (1/3) to be divided equally between Thelma Snyder of Harrisburg, Pennsylvania, and
James L. Snyder, of Harrisburg, Pennsylvania, provided they survive me. In the event that Thelma
Snyder does not survive me, then her shaze shall lapse and shall pass to James L. Snyder, provided
Initials:
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he survives me. In the event that James L. Snyder does not survive me, then his shaze shall lapse
and shall pass to Thelma Snyder, provided she survives me. If neither Thelma Snyder nor James
Snyder survive me, their shares shall lapse in favor of Grace Ann Gornik and Ree Dean.
B. One third (1/3) to Grace Ann Gornik, of Camp Hill, Pennsylvania.
C. One third (1/3) to Ree Dean of Harrisburg, Pennsylvania.
D. If a beneficiary named in ITEM III of this Will does not survive me, and I have not made specific
disposition of his or her shaze, then his or her share shall lapse and shall be divided among the
surviving named beneficiaries in proportion to their respective legacies, subject to the conditions
contained therein.
ITEM N. I give, devise and bequeath all of the residue of my estate, whether real, personal, or
mixed, and wherever situated, including any property subject to any power of appointment whichl rmay now have or
hereafter acquire, as follows:
A. One third (1/3) to be divided equally between Thelma Snyder of Harrisburg, Pennsylvania, and
James L. Snyder, of Harrisburg, Pennsylvania, provided they survive me. In the event that Thelma
Snyder does not survive me, then her shaze shall lapse and shall pass to James L. Snyder, provided
he survives me. In the event that James L. Snyder does not survive me, then his share shall lapse
and shall pass to Thelma Snyder, provided she survives me. If neither Thelma Snyder nor James
Snyder survive me, their shares shall lapse in favor of Grace Ann Gornik and Rbe Dean.
B. One third (1/3) to Grace Ann Gornik, of Camp Hill, Pennsylvania.
C. One third (1/3) to Ree Dean of Harrisburg, Pennsylvania.
D. If a beneficiary named in ITEM IV of this Will does not survive me, and I have not made specific
disposition of his or her shaze, then his or her shaze shall lapse and shall be divided among the
surviving named beneficiazies in proportion to their respective legacies, subject to the conditions
contained therein.
Page 2 of 6 Initials: ~~~ q~ ,~
ITEM V.
or involuntary alienation.
The interest of beneficiaries hereunder shall not be subject to anticipation or to voluntary
ITEM VI. I hereby appoint Ree Dean, now of Harrisburg, Dauphin County, Pennsylvania as
Executrix (the "Executor"), of this, my Last Will and Testament. In the event of the refusal or inability of such
named person to so serve, I then nominate and appoint Grace Ann Gornik, now of Camp Hill, Pennsylvania, to serve
in such capacity as Executrix.
ITEM VII. I direct that my Executor shall not be required to give bond or post any other
security for the faithful performance of duties in any jurisdiction.
ITEM VIII. Any person who shall have died at the same time as me, or in a common disaster with
me, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have
predeceased me.
ITEM IX. My Executor shall have the following powers in addition to those invested by law and by
other provisions of my Will applicable to all property, whether principal or income, exercisable without Court
approval, and effective until distribution of all property:
a. To retain any investments I may have at my death so long as my Executor may deem it
advisable to my Estate so to do.
b. To vary investments, when deemed desirable by my Executor, and to imve~t in such
bonds, common trust funds, stocks, notes, real estate mortgages, or other securities or in
such other property, real or personal, as my Executor deems wise, without being restricted
to so-called "legal investments".
Page 3 of 6 Initials:`
c. In order to effect a division of the principal of my Estate, or for any other purpose,
including any final distribution, my Executor is authorized to make said divisions or
distributions of the personalty and realty partly or wholly in kind. If such division or
distribution is made in kind, said assets are required to be divided or distributed at their
respective values on the date or dates of their division or distribution.
d. To sell either at public or private sale and upon such terms and conditions as my Executor
may deem advantageous to my Estate, any or all real or personal estate or interests therein
owned by my Estate severally or in conjunction with other persons or acquired after my
death by my Executor, and to consummate said sale or sales by sufficient deeds or other
instruments to the purchaser or purchasers, conveying a fee simple title, $ee and clear of
all trust and without obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity of said sale or
sales; also, to make, execute, acknowledge, and deliver any and all duds, assignments,
options, or other writings which may be necessary or desirable, in carrying out any of the
powers conferred upon my Executor in this paragraph or elsewhere in niy Will.
e. To mortgage real estate, and to make leases of real estate for any period of time as my
Executor may deem reasonable.
f. To borrow money from any party to pay indebtedness of mine or of my Estate, expenses
of administration, or inheritance, legacy, estate, or other taxes.
g. To pay all costs, taxes, expenses, and charges in connection with the administration of my
Estate. My Executor shall pay expenses of my last illness and funeral expenses.
Page 4 of 6 Initials:' f~-~-~--
h. To vote any shares of stock which form a part of my Estate, and to otherwise exercise all
the powers incident to the ownership of such stock.
1. To compromise claims and to abandon any property which, in my Executor's opinion, is
of little or no value.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament,
consisting of six (6) typewritten pages, this 1 ~` day of June, 2006.
Emma Gene Elrick
We, the undersigned ,hereby certify that the foregoing Will was signed, sealed, published, and declared by
the above-named Testatrix, Emma Gene Elrick, as and for her Last Will and Testament, in the presence of us, who at
her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and
year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and
disposing mind and memory.
t-- ` o . No
1420 Farmhouse Lane
Middletown, PA 17057
David C. Miller, Jr.
1100 Spring Garden Drive, Suite A
Middletown, PA 17057
Page 5 of 6 Initials:-~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
We, Emma Gene Elrick, the Testatrix, and Thomas C. Noll and David C. Miller, Jr., the witnesses,
respectively, whose names are signed to the foregoing instrument, being first duly sworn, do herby declare to the
undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that 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 witness and that to the best of his/her
knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or
undue influence.
Subscribed, sworn to and acknowledged before me by the Testatrix, Emma Gene Elrick, and subsicribed and sworn to
before me by Thomas C. Noll and David C. Miller, Jr., witnesses, this ~ 5t day of ~; ti ,,~ , 2006.
~.
Notarial Seal (SEAL)
Leann M. Bensch, Notary ]Public
City of Harrisburg, Dauphin County
My Commission Expires Oct 24, 2006
Page 6 of 6 Initials: ~~~,1--:-~
E a Gene Elrtck