HomeMy WebLinkAbout11-05-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of Harry R. Turner
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ~ I "-~"C~ - ` ~J
Social Security Number 204-03-9226
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( is /the Executrix
last Will of the Decedent dated August 22, 2008 and codicil(s) dated (None]
(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: None.
Q B. Grant of Letters of Administration
(If applicable, 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.d. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
~ Name _ Relationship Residence ~
(COMPLETF, IN ALL GASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
(List street address, town/city, township, county, state, zip code)
named in the
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Decedent, then 88 years of age, died on October 19, 2009 at 1001 Cranes Gap Road, Carlisle, North Middletor~
Township Cumberland County, Pennsylvania.
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
$ 5,000.00
$ 90,000.00
situated as follows: 1001 Cranes Gap Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania.
Form RW-02 rev. 10.13.06 Page I of 2
County, Pennsylvania with his / blast principal
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:
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Cumberland ;
The Petitioner( 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( and that, as personal representative) of the Decedent, Petitioners will well and truly
administer the estate according to law. ~ _ ~ ~ j ~~
Sworn to o:' affirmed and subscribed
before me the ~ day of
November ,.2009
. ,~
For the Register
Signature of
Signature of Persona! Representative
Signature of Personal Representative
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File Number: ~ l ' Z~ t _ l a 3 ~ Z --{
Estate of Harry R. Turner , De~ased t~ ~ , a ;`; ~
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Social Security Number: 204-03-9226 Date of Death: October 19, 2009
AND NOW, ~ ~ ~`~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before m , I S DECREED that Letters Testamentary
are hereby granted to Carol A. Dalton
in the above estate
and that the instrument( dated August 22, 2008
described in the Petition be admitted to probate and filed of recA-rd as the last Wi~~c~~l~~ of Decedent.
~'
FEES
Letters ...............
$ ~, O~O Register s
Short Certificate(s) ........ $ ~ Z ~ ~ ~ Attorney Signature:
Renunciation(s) ..........
~ A fi ~ ~ $
$ '~ ~~
Attorney Name: riffie, E uire
9
~~ ... $ ~Q ~ U~ Supreme Court I.D. No.: 34349
~ Th ... $ ~,.~_
Address:
Griffie and Associates
... $
.. , $ 200 North Hanover Street
$
Carlisle, PA 17013
... $
• • • $ Telephone: (717) 243-5551
... $
TOTAL .............. $ ~Z .°"`'0-00'
Form RW-02 rev. 10.13.06 Page 2 of 2
___ _ _
HIOS.ROS 4t~V r0I/071
~ -~~-/037
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15931920.
Certification Number
H105.149 REV 11/2008
TYPE I PRINT tN
PERMANENT
BIACK INK
t a
n
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 forw~~~rded to the State Vital
Records Office for permanent filing.
~. ~~~.~~fi~,~,b~~-~ o c y 2 0 X2009
Local Registrar Date Issued
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and exam les on reverse)
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Harry R. Turner le 204 _ 03 _9226 October 19, 2009
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DlapalHni Peme No:. .
LAST WILL AND TESTAMENT
OF - c
/r.:r 4~
HARRY R. TURNER ~ c~ ~
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err
I, HARRY R. TURNER, of 1001 Crains Gap Road, Carlisle, Cum~x nd . w
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 Executor hereinafter named to pay all 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. I direct my Executor to pay all
inheritance, estate, succession and legacy taxes, to which my estate or the transfer of any
---~~
~~
property hereunder may be subject, and to charge such taxes as part of the expenses of the
administration of my estate, being deducted and paid from the residue of my estate and
not to be deducted in any manner from any specific bequests made herein, with the
exception of the provision set forth in the SECOND paragraph, subparagraph (C).
However, my Executor 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. If I do not own a burial plot or a grave marker at the
time of my death, I authorize my Executor/Executrix, in his, her or its sole discretion, to
GRIFFIE & ASSOCIATES
Attorneys At Law
lF..r.,.s ~.. ~y
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200 N. Hanover Street Page 1 of 8 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Chambersburg, PA 17201
purchase a burial plot and to erect a suitable grave marker at my grave, and to expend
sums from my estate for this purpose.
SECOND
I give, devise and bequeath the following property with all insurance proceeds
thereon as follows:
(A) The antique desk with the mirror that has been passed down in the Turner
family shall pass to my sister, ANNA MAE SHENK; and
(B) Any vehicle that I own at the time of my death shall pass to my daughter,
CAROL ANN DALTON.
(C) The sum of FIVE THOUSAND AND XX/100 ($5,000.00) DOLLARS to my
former sister-in-law, ANNA PAULUS, less any inheritance tax consequences.
THIRD
I give, devise and bequeath the rest, residue and remainder of my estate together
with all insurance proceeds thereon of whatsoever nature and wheresoever situate in
equal shares to my daughter, CAROL ANN DALTON, and my granddaughter,
JOLENE R. KOLSOVSKY, who survive me by sixty (60) days, per capita. I direct my
Executor/Executrix to divide among such beneficiaries all personal property of a
sentimental ar family nature (excluding cash, stocks, bonds and the like), including but
not limited to jewelry, household goods, antiques, furniture and memorabilia, in
accordance with a separate memorandum which I may place with my Will or deposit with
my attorney. In the absence of such disposition by memorandum, I direct that the said
tangible personal property be divided between my residual beneficiaries with due regard
for their personal preferences i~~~~~y~q~~$s~~~ ~~actical, with the value of such
Attorneys At Law
200 N. Hanover Street 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 2 of S Chambersburg, PA 17201
dispositions being credited to the share of each respective recipient. If the said
beneficiaries do not agree to the division of the personal property provided for hereunder,
the decision of my Executor/Executrix, including the decision to sell the property at
public or private sale and distribute the proceeds therefrom as provided hereinafter, shall
be final and conclusive on all parties.
lifetime as I desire.
I have specifically failed to include any distribution to my other grandchildren,
Bryan Kolsovsky, Kenneth Kolsovsky and Larry Dalton in this, my Last Will &
Testament, not out of want of affection, but because I have provided for them during my
FOURTH
FIFTH
I grant my Executor/Executrix the following powers in addition to and not in
limitation of such powers as my Executor/Executrix 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 m~y death.
GRIFFIE & ASSOCIA TES
Attorneys At Law
200 N. Hanover Street
Carlisle, PA 17013
100 Lincoln Way East, Suite D
Page 3 of 8 Chambersburg, PA 17201
(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 Executor/Executrix the broadest investment
powers 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 Executor/Executrix 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
Pennsylvania concerning estate and inheritance taxes on any interests that may
pass 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
Executor/Executrix 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 ex~~`~L4t"h~ Am~~~e~~nt~f similar property owned in his
Attorneys At Law
200 N. Hanover Street l00 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 4 of 8 Chambersburg, PA 17201
,,
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.
SIXTH
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 Executor/Executrix for the liability of such
beneficiary.
SEVENTH
\~ I nominate, constitute and appoint my daughter, CAROL A. DALTON, as
~ Executrix of this my Last Will and Testament. In the event my daughter is deceased,
unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I
nominate, constitute and appoint my granddaughter, JOLENE R. KOLSOVSKY, as
Executrix of this my Last Will and Testament. I direct that my Executrix 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.
EIGHTH
I hereby declare it to be my expressed desire that my Executor/Executrix employ
the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and
assistance regarding this m last Will and Testament, they having considerable
~RIFFIE & ASSOCIATES
Attorneys At Law
200 N. Hanover Street l00 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 5 of 8 Chambersburg, PA 17201
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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of eight (8) typewritten pages, the first five (5) of which
bear my signature on the side marlin, for purpose of identification, this
day of , 2008.
HARRY R URNER
GRIFFIE & ASSOCIATES
Attorneys At Law
200 N. Hanover Street 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 6 of 8 Chambersburg, PA 17201
WTTNF.~
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA:
. SS.
COUNTY OF CUMBERLAND
I, HARRY R. TURNER, 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.
HARRY R T RNER
Sworn or affirmed and acknowled ed before me b the Testator this
~ Y
day of , 2008.
NOT/~llY~ ~I-E
RQMM J.~ E~tiEn
NOIOr~ RubNC
~Q~OY411, GtAiMERIJIND
Ap( `t ~, Z011
GRIFFIE & ASSOCIATES
Attorneys At Law
200 N. Hanover Street 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 7 of 8 Chambersburg, PA 17201
AFFTnAVTT
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
WE, ~ ~ ~ ~~Z and U ~ ~d / e ~ . ~ ,
the witnesses whose names are attached to the foregoing document, being duly qualified
according to law, do depose and say that we were present and saw the 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.
Sworn or affirmed and subscribe
and a thi
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Notary Publi
~~utuu. 8E~
ROi1M J. 8A88EtT
Nototy I~ubMc
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GRIFFIE & ASSOCIA TES
Attorneys At Law
200 N. Hanover Street 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 8 of 8 Chambersburg, PA 17201