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HomeMy WebLinkAbout03-25-10LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 -FACSIMILE: (717) 737-3407 EMAIL: tflower@sfl-law.com Glenda Farner Strasbaugh Register of Wills One Court House Square Room 102 Carlisle, PA 17013 To the Register: Dear Ms. Farner Strasbaugh: March 24, 2010 CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 C7 C ~ ~~ :z7 ~.i ~ C7 ~z~ ~,. r- ~~~.` ~ ~ ~~ c~ ~ ~ ~~ :~ REPLY TO CAMP MILL rv ~_ ~.a ~ r _r T+~ era - _.~ ~ ~~ .: ., --~ ~ ` -- ~ ~-' W ~: ,:_~ t~r`i .. r~ ,~- (hand delivered with petition) I am writing to request a Register's hearing on a petition to probate a photocopy of the will of William F. Coombe, deceased. The decedent's daughter, Christine Coombe, was named as executrix and will have to make arrangements to come from Ann Arbor, Michigan, to attend the hearing. Please let me know if it would be possible to schedule a hearing on any of the following dates: March 31 after 2 p.m. April 13, 14 or 15 (any time) April 19, 20 or 21 (any time) If none of those dates is available, please suggest dates and times during May, 2010. When a hearing has been scheduled I will serve notice of the time and place upon the parties in interest. Very truly yours, SAIDIS, FLOWER & LINDSAY / ~~ Thomas E. Flower In the Office of the Register of Wills for Cumberland County, Pennsylvania In re: Estate of William F. Coombe, deceased File no. 21- lU - 0~9~' Late of Camp Hill Borough Petition to Probate a Photocopy of the Last Will and Testament of William F. Coombe AND NOW COMES the Petitioner, C. Christine Coombe, by and through her undersigned attorneys, and petitions The Register of Wills to probate a photocopy of the last will and testament of William F. Coombe, stating in support the following: 1. The petitioner is C. Christine Coombe of 1507 Charlton Ave., Ann Arbor, MI 48103. 2. The petitioner is the daughter of William F. Coombe ("Decedent"), who died a resident of Cumberland County on February 20, 2010 at the age of 83 years. 3. In addition to the petitioner, Decedent is survived by a spouse, Shirley M. Coombe, who is incapacitated and has resided at Messiah Village since January of 2004, and two sons, Jeffrey L. Coombe and David M. Coombe. 4. Decedent duly and properly executed his will on March 23, 2007 in the offices of his attorneys. (a copy of the will is attached) 5. On the same date March 23, 2007 Decedent also executed a deed conveying his residence from entireties ownership into his name alone, using a power of attorney to sign on his wife's behalf. 6. On the same date March 23, 2007 Decedent's attorney, also a subscribing witness to Decedent's will, wrote to the petitioner by email, as follows: "Dear Chris: Bill came in this morning to execute the deed and revised will (it was necessary to leave 1/3 to Shirley, as she would be required to claim at much from his estate anyway, if she survives him). I will record the deed, an ~; apt the ~ --1 , ;~-: ~~ _ r.. __ ... ~1 original will, giving Bill a copy. You are the executrix and you may co ~-,~ the ~. ,;; __:-' original will from me next time you are here (otherwise it will remain i = B .Mile ~ ' "~' ~' -:. ~ ~. -~ in this office)....." `~ • ~-~; ~ ~ ~ ; C . ~ ~ ._ i..-, ~- ~ ~ ~'~ a 7. By letter dated April 25, 2007 Decedent's attorney wrote to the petitioner, enclosing the original recorded deed of March 23, 2007 along with Shirley Coombe's power of attorney, also recorded, and further advising the petitioner as follows: "By copy of this letter, I am letting your father know that I have forwarded the original documents to you. I have provided him with photocopies of both the Power of Attorney and the Deed." 8. At the time of Decedent's death his original will of March 23, 2007 was not contained in his attorney's files. 9. The petitioner believes that Decedent did not retain custody and possession of his original will between March 23, 2007 and the time of his death. 10. At the time of Decedent's death, the petitioner thought she had Decedent's original will in her custody; however, she has not been able to locate Decedent's original will. WHEREFORE, the petitioner requests that a photocopy of the will of William F. Coombe dated March 23, 2007 be admitted to probate and that Letters Testamentary be issued to her. Respectfully submitted: Date: March ~ , 2010 Saidis, Flower & Lindsay By. Thomas E. Flower S. Ct. Id. 83993 Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 In the Office of the Register of Wills for Cumberland County, Pennsylvania In re: Estate of William F. Coombe, deceased File no. ' 1-1 C~ - oZ4 $ Late of Camp Hill Borough VERIFICATION I, C. Christine Coombe, hereby verify that the statements made in the foregoing petition are true and correct, to the best of my l~nowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. § 4904, relating to unsworn falsification to authorities. DATED: 3-~ 9 ` 20I d By: C. C~~~~ C. Christine Coombe s ~ o0G°~ LAST WILL AND TESTAMENT OF WILLIAM F. COOMBE I, WILLIAM F. COOMBE, of Camp Hill, Cumberland County, Pennsylvania, FIRST I direct the payment of my just debts and expenses of my last illness and funeral consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SAIDIS, SECOND tiOWER ~ LINDSAY ~~S•~uW I bequeath my tangible personal property, including furniture, furnishings, 2109 Market Street Camp Hill, PA vehicles, jewelry and personal effects to my children, C. CHRISTINE COOMBE, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for fiv perpetual care, using therefor funds from my estate in such amount as she shall JEFFREY L. COOMBE and DAVID M. COOMBE. THIRD To my beloved wife, SHIRLEY M. COOMBE, if she survives me by thirty (30; days, I give, devise and bequeath one third (1/3) of the residue of my estate. FOURTH I give, devise and bequeath all the rest, residue and remainder of my estate in equal shares unto my children, C. CHRISTINE COOMBE, JEFFREY L. COOMBE and DAVID M. COOMBE, per stirpes. FIFTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my ~~ residuary estate. SIXTH ,. i. ~~ In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in her absolute discretion: A. To retain in the form received, or to sell either at public or private sale any real or personal property; B. To exercise any options to subscribe for stocks, bonds, or other investments; C. To join in any plan of lease, mortgage, consolidation, exchange, SAIDIS, reorganization or foreclosure of any corporation in which my estate or any trust SOWER ~ LINDSAY ,~tvw~exs•ATUw may hold stocks, bonds or other securities; 2109 Market Street Camp Hill, PA D. To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for 2 such prices and upon such terms as my personal representative, in her sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; E. To make settlements and compromises on such terms as my personal representative in her sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in her discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my daughter C. Christine Coombe, to act as Executrix of this my Last Will and Testament. Provided, however, that if she is unwilling or unable to act as Executrix, I direct the duties of Executor to be performed by my son, Jeffrey L. Coombe. EIGHTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, WILLIAM F. COOMBE, have hereunto set my hand SAII~IS, SOWER ~ LINDSAY A'RORNEYS•AT lAW 2109 Market Street Camp Hill, PA and seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first two (2) of which bear my signature in the margin for identification, this ~3 day of ~',~ , 2007. ~" L/ ILLIAM F. COOMBE 3 Signed, sealed, published and declared by the above-named WILLIAM F COOMBE, Testator, as and for his Last Will and Testament in the presence of us, whc have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and of each other. ADDRESS ~r'v ~ d~ ~~ ~~' ~~ ~,4'~, Pry' ADDRESS .~~o~, ~cx~-~ ~~~ ~ ~~\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, WILLIAM F. COOMBE, i~rrfls ~ ~ F~~t~C~- and ~~~~~~-~ ~~rs~. the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Will as witnesses and that to the best of their knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~- `-- ,, WI LIAM . C OMBE Witness SAIDIS, Wit ess ~.AWER ~ LINDSAY ~~s.AT.U,~ Subscribed, sworn to and acknowledged before me by WILLIAM F. COOMBE, 2109 Market Street th Testator and subscribed to and orn or affirmed to before e b Camp Hill, PA ~, y / a,~ L~- d"/o~~-- and ~ Jc~--~- ,witnesses, this ay of 2007. COMMONWEALTH OF PENNSYLVANIA , Notarial Seal to ry P I i C Sara J. Erisinger, Notary Public Carlisle Boro, Cumberland County My Commission Expires Oct.17, 2009 Member, Pennsylvania Association of Notaries 4