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HomeMy WebLinkAbout03-16-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of MARY K. RAUDABAUGH also known as Deceased COUNTY, PENNSYLVANIA File Number ,~ l - ~ U ~ ~ (} Social Security Number 201-18-1545 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 CO-EXECUTORS named in the last Will of the Decedent dated FEBRUARY 27, 1999 and codicil(s) dated r~ e~ o .~.~ - ~ ~ (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 trumps) oil-fixed-~ r .,..~ ~ t .. ,.. ,.^.~,~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person: - C 1 -, ,_,_ ® B. Grant of Letters of Administration ~ -~-~ _ (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; dur~ite minoritate~t,J ' '~'~ i -; W ,~ 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.) ~ Name _ Relationship Residence ~ (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at 33 W. YELLOW BREECHES ROAD. CARLISLE, DICKINSON TOWNSHIP, CUMBERLAND COUNTY PENNSYLVANIA 17015 (List street address, town/city, township, county, state, zip code) Decedent, then 84 years of age, died on FEBRUARY 2, 2010 at CARISLE REGIONAL MEDICAL CENTER, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 280,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 109,000.00 situated as follows: 33 W. YELLOW BREECHES ROAD, CARLISLE, DICKINSON TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA 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 ~~ ~ ~ I ROGER B. IRWIN, 60 W. POMFRET STREET, CARLISLE, PA 17013 -r 1/ ~ Y , U~; , ~, „~ ~_ ,~~El'~ pl,~`~A;~ a ~ ROBIN OWINGS FLORENTINE 1255 WILLIAMSPORT PIKE GREENCASTLE PA 17225 Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 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 ~ ' - - "`"r Signature of e sonal Representative before me the ~ ~ 1 ~ day of ///-/~J ~/'~j/ `~ -- _._L. / . / ~I i i ..n _ i Oi. it n p ~~ ~ C ~ _, ~_ Signature of Personal Representative ^1' ~ ~ , l For, e Register Signature of Personal Representative '`"^~' ~' _.~ ~~-~ ~,, .6 .~ ~'~ 1 _i_ ~ ~ ~. ~7 ; . :3 ~~ t f., ,l __ 1 File Number: l1 ~ F ~, rn ~ -- { ~-, , 1 " c:' .. r ~ r-~ ,~ _ _~ } Estate of MARY K. RAUDABAUGH , Dedeai tV '_~ fi; ~ ~ Social Security Number: 201-18-1545 Date of Death: FEBRUARY 2, 2010 _~, ` ~ AND NOW, (`~` f C.IIl ~ (.~ L , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to ROGER B. IRWIN AND ROBIN OWINGS FLORENTINE and that the instrument(s) dated FEBRUARY 27, 1999 described in the Petition be admitted to probate and filed of record as the last Will (and FEES Letters ............... $ 360.00 Short Certificate(s) ........ $~~; ~' ~- Renunciation(s) .......... $ JCP $ 23.50 AUTOMATION FEE WILL $ 5.00 $ 15.00 ... $_ $ ... $ ... $ ... ... $ ... $ TOTAL .............. $ ~' 0- in the above estate icil(s)) of Decedent. J Register of Wills j~ ~-4'~ U~ r ~-~=~-jf' C~- ~J, JI Attorney Signature: -~ Attorney Name: ROGER B. IRWIN, ESQUIRE Supreme Court I.D. No.: 6282 Address: 60 WEST POMFRET STREET CARLISLE, PA 17013 Telephone: (717) 249-2353 Form RW-02 rev. 10.13.06 Page 2 of 2 C"a r.~ ~ ~~ LAST WILL AND TESTAMENT C;~' ~~ ~~~ ~ ~ ~-~F. j _ /^`~ _~ A ~ i'' I, MARY K. RAUDABAUGH, of Dickinson Township Cumberlan+~' G~ounty ~ ; ;; , ~ ~ Pennsylvania, declare this instrument to be my Last Will and Testament, hereby express ca ly revoking all Wills and Codicils heretofore made by me. 1. I direct my personal representatives to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. 2. I authorize and empower my personal representatives to sell any realty owned by me at my death and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do if living. My representatives are authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said representatives. 3. I devise and bequeath all of my estate of every nature and wherever situate as follows: A. My real estate situate at 33 West Yellow Breeches Road, Dickinson Township, Cumberland County, Pennsylvania, to Rabin E. Owings Florentine and Gerald L. Owings, Jr., or the survivor thereof, equally. If neither of these beneficiaries desire ownership of the property, then the property shall be sold by public sale only and the net proceeds of the sale shall be distributed to Robin E. Owings Florentine and Gerald L. Owings, Jr., share and share alike. Should only one of these beneficiaries desire ownership of the premises, then said beneficiary shall within sixty (60) days of the final administration of my estate pay to the other beneficiary a sum equal to one-half of the fair market value of the real estate at that time. B. All of my jewelry to Robin E. Owings Florentine. C. All the rest, residue and remainder of my estate as follows: 1) 20% to my brother, Earl Sweeney, Sr. and Daniel Sweeney, or the survivor thereof, share and share alike 2) 30% to be divided equally between Kristi Florentine, Kyle Florentine and Rebecca Florentine, or the survivors thereof share and share alike, and 3) 50% to Robin E. Owings Florentine and Gerald L. Owings, Jr., or the survivor thereof, share and share alike. 4. I give, devise and bequeath nothing to my daughter, Mary Lou Zaring. 5. Should any of my beneficiaries be under the age of twenty-five (25) years at my death, then the share of each such beneficiary shall be held in trust by Farmers Trust Company, of Carlisle, Pennsylvania, according to the following terms and conditions: The trustee, as well as my representatives, are hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of such beneficiary or to accumulate it in the sole discretion of the trustee. The trustee is also authorized and empowered to pay over to, or for the use and benefit of such beneficiary such portion of or all of the principal of the trust estate as in the trustee's sole discretion seems proper 2 for such beneficiary's support, maintenance, education, or medical case. My primary object is to insure the support, maintenance, education and medical care of any such beneficiary until he or she reaches twenty-five (25) years of age. As each such beneficiary reaches the age of twenty- five (25) years, then whatever remains of income or principal of that beneficiary's trust estate shall be distributed to said beneficiary. 6. I nominate and appoint Robin E. Owings Florentine and Roger B. Irwin to be the co- personal representatives of my estate to serve without bond. 7. I hereby suggest that my personal representatives retain the services of Irwin, McKnight & Hughes, as attorneys in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this Z7' day of February, 1999. Zvi ~i l~ ~sEAr.,) MARY K. RAUDABA GH Signed, sealed, published and declared by MARY K. RAUDABAUGH, the above named testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. 3 ACKNOWLEDGMENT AND AFFIDAVIT WE, MARY K. RAUDABAUGH, CHERYL L. CLELAND and MARTHA L. NOEL, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby 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 purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. MARY K. RAUDABAUGH ~~ CHER L.CLELAND HA L`.`~iOE`~ COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND ; Subscribed, sworn to and acknowledged before me by MARY K. RAUDABAUGH, the testatrix herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this L1 `~ day of February, 1999. 3. G~. Public `'`' Notarial Seal Ro er B. Irwin, Notary Public Carlis~e Boro, Cumberland County My Commission Expires Oct. 3, 2000 Member, Pennsylvania Association of Notaries