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HomeMy WebLinkAbout11-30-09r PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF COUNTY, PENNSYLVANIA Estate of ~~otuC.L-a ye File Number ~ ~ - O I ~ ~ ~Q also known as Deceased Social Security Number ~ l ~~'~ d ~] - ~~ (o l~ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) , A. Probate and Grant of Le ters Testamentary and aver that Petitioner(s) is / aze the ~. X'tr Gt~l t!2 (~X named in the last Will of the Decedent dated ~ ~ and codicil(s) dated (State relevnnt 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 tV (Ijapplicable, enter. c.t.a.; d.b.n.c.t.a.; pendentelite; durance absentia; durQ~e 'ornate) ~ ,?a ~` Z r~,~~"~J, '' 'j Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following any) ~ hetrs;a~lf :°s Administration, c. t. a, or d.b.n.c.t.a., enter dale of Will in Section A above and complete list of heirs.) -~~ m t _. Name Relationshi Rem (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in ~av,~o~'1. tn/ County, Pennsylvania with his /her last principal residence at o20~ 3 L +n S+ F~ ~"T' (List street address, tow,dcity, township, county, state, zip code) ) I l y. Decedent, then ~~ years of age, died on ~ ~ 7f~'at ~tt=2 ~~L~[ M C~-.e e.A ( ~~w(v2 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ ~ ~ G (If not domiciled in PA) Personal property in Pennsylvania $v2 d D U (If not domiciled in PA) Personal property in County $ ~ 0 DO Value of real estate in Pennsylvania $ ~f1~ . d p b 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: Si nature T ed or rioted name and residence ~~~G A Rt_~ v ~ fLl S, f.. Fo,-,,, Rw oz ,-ev. lo. rs.o6 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS 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. Sworn to or affirmed and subscribed before me the~_ day of ~ a~°~ For the Register Signature Signature ojPersona! Representative Signature ojPersona! Representative File Number: ~ ~ " ~Q " ] ] ~~ Estate of AN~t~t ~ ~tJy 2 ,Deceased Social Security Number: ~ q cJ - O~ - 2©(plv Date of Death: ~ - l'~ - ~~ AND NOW, ~OVe mb~ c~ ~ , ~ Oo9 , in considerat1ion of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Fetters T 0.r are hereby granted to ~~C?~x- c~,~,R~ ~_ `lI~J1..,G,~ .~ in the above estate and that the instrument(s) dated Js" - c~ 4 -~ described in the Petition be admitted to probate and filed of record as the last W~}1(and Codigi~l(s)) of Decedent. FEES Letters ............... ~D • W Short Certificate(s) ........ $ 40 • UO Renunciation(s) .......... $ ... $ lam. C:~ l~~mc~.~t~~ ... $ S. cx~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $3g0 • cx'~ Attorney Signature: Attorney Name: Supreme Court I.D. No.: Address: Register ojWills ~:, Telephone: Farm RW-0' rev. t 0.13.06 Page 2 of 2 ,~.~os e- c mar; LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 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. 6 ~ Local Registr late Issuel C~ N 9~ C ` - o `p _ .i , a r' r.~!C7 C--` ~~ ~ a _ 4 ~ i .e ' .~`µJ IWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (S13s Instructions and axamotea on rovarAat ~i v 1. a Decrdety (Fed, mddb., yN, suEa) z Soa 3. Soar s.a.ly tYeror - -' --- ---- 1. lkr a DoM Itwam, mr• Y•+tl Anton C. Love Male 195 _07 _ 2066 11/14/2009 9. (lafl rroww lMdar 1 lArder I da 6. 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M.S.HersheyMedicalCtr. l `~ ~ o «~ 1 r4µ r N I rM He he PA 17033 V '~ Dispwidon PomlY No. S7~Q ~ao J`' H:\W ILLS\LOVEA. W I LL.AMD: DOC May 27, 2008 LAST WILL AND TESTAMENT OF ANTON C. LOVE I, ANTON C. LOVE of Camp Hill, 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. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the internment 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. 2. SPECIFIC BEQUESTS. I give and bequeath the following: A. To EDITH CASWELL of Harrisburg, Pennsylvania, I give the sum of Twenty Thousand ($20,000.00) Dollars. B. To TERI MENAMIN of North Wales, Pennsylvania, I give the sum of Three Thousand ($3,000.00) Dollars. C. To EILEEN OTTAVIANO of Jenkintown, Pennsylvania, I give the sum of Three Thousand ($3,000.00) Dollars. D. To DAVID KERNAN of Media, Pennsylvania, I give the sum of Three Thousand ($3,000.00) Dollars. E. To the CHURCH OF THE GOOD SHEPHERD of Camp Hill, Pennsylvania, I give the sum of Two Thousand ($2,000.00) Dollars. F. To HORACE MELLOTT, I give the sum of One Thousand ($1,000.00) Dollars. G. To MICHAEL KELLY of Cincinnati, Ohio, I give and bequeath all of my shop equipment, tools and parts. ~~ ..~~ ~~~~~U~~~~n~ il~no~ ~,~dao ~o ~~~ ~~ gS ~D~ W~ ~~ ~QN ~~ 1 Anton C. Love H:\W ILLS\LOVEA. W I LL.AMD.DOC May 27, 2008 If my estate shall be insufficient to pay all bequests herein, I direct that the bequest to Edith Caswell shall be paid in full before any amounts are paid on any other bequests. All other bequests shall abate proportionately. 3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. Except as otherwise disposed of elsewhere in my Will, 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, to MARY KELLY and MARGARET KRAUS. 4. DISPOSITION OF RESIDUARY ESTATE. 4.1 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, in equal shares, to MARY KELLY and MARGARET KRAUS. 4.2. In the event MARY KELLY or MARGARET KRAUS is not living on the sixtieth (60) day after the date of my death, I leave the share of that deceased person to her issue, per stirpes. 5. POWERS OF ADMINISTRATION. 5.1. Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 5. 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. 5.2. 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. 5.3. 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 tim , on 2 Anton C. Love H:\W ILLS\LOVEA. W ILL.AMD.DOC May 27, 2008 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. 5.4. 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 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. 5.5. 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. 5.6. Power to Hold Proaerty in Nominee Form. My fiduciaries shall have the power to hold any property in the name of a nominee or in bearer form. 5.7. 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. 5.8. 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. 5.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or 3 Anton C. Love H:\W ILLS\LOVEA.W ILL.AMD.DOC May 27, 2008 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 maybe 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. 5.10. 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 counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 5.11. 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. 5.12. 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. 5.13 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 may be required to be filed as a consequence of my death. 6. PAYMENT OF DEATH TAXES. 6.1. 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. 6.2. 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. 7. EXECUTOR. 7.1. Appointment. I name, constitute, and appoint MARGARET KRAUS, as executrix of my estate. ff MARGARET KRAUS shall not s ive me, shall not sere as 4 Anton C. Love H:\W ILLS\LOVEA. W I LL.AMD. DOC May 27, 2008 executor for any reason, or shall cease to serve as executor for any reason after appointment, MARY KELLY shall act as executrix in her place. 7.2. Bond Not Required. None of the individuals named in Section 7.1 shall be required to furnish a bond for the faithful performance of his duties as executor. 8. 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. 9. 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. 10. INTERPRETATION. 10.1 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. 10.2 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. 10.3 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. 10.4 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. 5 Anton C. Love H:\W ILLS\LOVEA.W ILL.AMD.DOC May 27, 2008 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of six (6) typewritten pages, the first five (5 of which bear my signature in the margin for the purpose of identification, this ~_~day of , 2008. ~ c.c-P/ ANTON C. LOVE, Testator Signed, sealed, published and declared by the above-named Testator, ANTON C. LOVE, as and for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as 2 3-~ l ~'T~~f ~ Address ~~T~~~4 /~~~ o~ 1 A ess _ ~ ~ ~ ~~ 6 witnesses. Witness H:\W I LLS\LOVEA. W ILL.AMD.DOC May 27, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, ANTON C. LOVE, THE TESTATOR, 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 WII.L AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIR~I~TO AND ACKNOWLEDGED BEFORE ME BY ANTON C. LOVE, THE TESTATOR, THIS ~~9 -DAY OF , 2008. AN ON C. LOVE ~ J NOT Y UBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal COMMONWEALTH OF PENNSYLVANIA ) Jennifer Gross, Notary Public Camp Hill eoro, Cumberland County SS. My Commission Expires Sept. 11, 2008 COUNTY OF CUMBERLAND//// ) Member enns/y}iv~ania As`s/oc/lation of Notaries WE, ~ a-`, ~" ~ ~~iGc ~~.u..` AND ~~~ t° / ~ / !!Li (~( 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 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 OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO THI: BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THI: TIIVIE EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. SWORN R AFFIRMED TO 2008. ~-~'` AND SUBSCRIBED TO BEFORE ME, THIS~~ DAY OF NO UBLIC COMMONWEALTH ©F PENNSYLVANIA Notarial Seal Jennifer Gross, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Sept. 11,2008 Member, Pennsylvania Assaciation of Notaries 7