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HomeMy WebLinkAbout04-05-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of MARY E. WASSELL File Number Zl /lJ r ~ ~7 also known as .Deceased Social Security Number 188-18-7896 LINDA J. JOHNSON, residing at 7 Suring View Court. Mechanicsburg, PA 17050 ~ ,. __ . -- 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 Peddoner(s) is /are the Executrix last Will of the Decedent dated August 5, 1997 and codicil(s) dated None _~named ~rrth~ --. ,..~ ~ „~ r ._.. ~YT' (State relevant circumstances, e.g., renunciation, death ofexecruor, 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: No Exceptions B. Grant of Letters of Administration (If applicable, enter: c.t.a; db.n.c.t.a; peralente life; durance absentia; durance 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.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi Residence Linda J. Johnson Daughter 7 Spring View Court, Mechanicsburg, PA 17050 (COMPLETE INALL CASES:) Attach additional sheers if necessary. Decedent was domiciled at death in Cun-berland County, Pennsylvania with his /her last principal residence at Sarah Todd Memorial Home. 1000 West South Street. Carlisle. PA 17013 (List street address, tawn/city, township, county, state, zip code) Decedent, then 85 years of age, died on March 15, 2010 at Sarah Todd Memorial Home, 1000 West South Street, Carlisle. PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 30,000.00 (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 situated as follows: None Form RW-02 rev. l 0.13.06 Page 1 of t 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 forth to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUIv18ERLAND 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 befo me the ~ day of - -~-+4~ For the Registe Signature of Persona! Representative Signature of Personal Representative .C:` " -• C!'> File Number: ,~1 ~~ c ~C~ :r~ Estate of MARY E. WASSELL .Deceased c ~ ~-: ,:.7~:~ ~ -~' ; _~ C _ ~ ~ F-l Z ~._t Social Security Nu~mbe~r: 188-18-7896 n Date of Death: March 15, 2010 AND NOW, 1 ..~~.Yi , jd in consideration of the foregoing Petition, satisfactory proof having been presented before me, ITS EC ED that Letters Testamentary are hereby granted to LINDA J. JOHNSON, residing at 7 Spring View Court, Mechanicsburg, PA 17050 in the above estate and that the instrument(s) dated August 5, 1997 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES V ~ Register o ills Letters ............... $ Short Certificate(s) ........ $ _ ~ Attorney Signature: __ $ s~ Attorney Name: C ~g A. Hatch, Esq. • • $ 23- ~ Supreme Court LD. No.: 76361 $ ~~- Address: 1013 Mumma Road, Suite 100 ... $ .. $ Lemoyne, PA 17043 ... $ .. $ ' ' ' $ Telephone: 717-731-9600 ... $ TOTAL .............. $(~1.5~ ~:~- Form RW-02 rev. 10.13.06 Page 2 of 2 -__..__ ~ -~~~b 3 SZ5 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 16244826 This is to certify that the information here given is correctly copied from au original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Rec~or/d~s Office for permanent filing. lN~~r ~ <~me~ ~ ~ [ 6~ .l o Local kegistrar Date Issued Certification Number Rtoste3 Rtv nao9p rrFe ! FRwr w pERr~NENr auac wic J ;! RJ ~ _. > 1=-rz - ~---~ l.__i =t~ ~ m ; ~ r- Z 77 Ut ~7 ~^ ;° C!3 a:. % C~. C: , ..,~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ CERTIFICATE OF DEATH (See Instructions end exempbs on reverse) crsVC F„ ~ ,„ ~„~ t. Hama d oeuera p+at ~. rr ak 1 2. Su 3. Sadd ' NuniD« 3. DAN d Drri (MorA. M'. Mr) Mary E. Wessell Female 188 _18 -7896 3/15/2010 s Ape par tiAral) 11tar t ilndr i e. Drs a Brn r, rte rw « e. Faa a oern Gteok an rear Dan trap eteeer RaeplW: Omer: 85 Yrs. 12/ 24/1924 Pittsburgh, PA ^,~.~,,, p~„a,~,,,,,,r ^~, ~„~,„p„a,,,, ^ ^00i,,.~,~, ®. cu.Mi a Darn 8c ctr. 8«0, rrP. a oesn rM1 Fr3ry Rrro IA rot iirlertlari, 9n'e per sna nnwrl B. wse oacaara a rtmerr Orgn7 Z) rb ^ Vr i0. Ru Mrrcan bdrt ahcw wmb..b. Cumberland Carlisle Sarah Todd Memorial Home ~~ ..rc) 1 Bite ti.0aoaerrs UeW atrA can mar d ra. Oo rot rr 12 Wr oreara war b ne 13. Dardru'e FAUneori ISpaodr any +s0+~ 9red• mMeael u. MuW Smr: n1artYQ Rwer Wrrlad, 15. Surtmiq Spam (r tMN. Sea nrian remel IGraYNk KMd&rirulmASty U.S. Nmee Facr? 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YaM rotlre.rrn~aaetrgva, earn oer.taarnrpma,Ara, and paaa, anaAUeatMwryyrr ttriewesseaYA______-_____ ^ ------ S(O"` •31151 t~ • rsalotrtrnertrrcaanr M~-d 8 - OnlMerarevYteBptt anaf«awtlpW«t,err opeaon.Arrt ooeunArm.IM,A+e.rr pan, aeeeetoriaoayal and wratrrrred ^ 3s.rWn ur dprrrt NTo Conpaae Cewaaoyrt lern T7lTyglplH l /J iC~ f- R - I ~ I ~ I ~ I ~ I~ I oar I~n.dar.rarl ~(a.~-c~a 1~ Rals M ; s~ n 4~ f(.~S tqt~ SPtc~rv~ ao a4ruat rrnirlb. ©+t ~ b dt 't ~ LAST WILL AND TESTAMENT OF MARY E. WASSELL N 0 C~ o `~ ~'! ~~ ~ cx~ ~ "t7 ~~ ` i r ri C~ ~3 ; c: ;. r -_ _~ ~ n ~ _-c-: f-~-t _ ~.ty~y •``I ~~~ f ` cn _ ~~ ~} ~1 r l ~ ~+ ~- rn -Z' ~ `'~ ~ ry w I, MARY E. WASSELL, Social Security Number 188-18-7896, of t~ State of Pennsylvania, declare that this is my LAST WILL AND TESTAMENT and I revoke all other wills and codicils previously made by me. FIRST: I appoint my daughter, LINDA J. JOHNSON as my Personal Representative concerning this Will. If my daughter, LINDA J. JOHNSON is unable or fails to serve, I then appoint my grand-daughter, JENNIFER C. JOHNSON to serve as my Personal Representative. a. I request that my Personal Representative be permitted to serve without bond or surety thereon and without the intervention of any court, except as required by law. I direct that my Personal Representative act in unsupervised administration so as to administer my estate with a minimum of court supervision. If it becomes necessary to have ancillary administration of my estate in any jurisdiction where my Personal Representative is unable or does not desire to qualify as ancillary legal representative, I appoint as such ancillary legal representative such individual or corporation as my Personal Representative shall designate, in writing. b. I direct my Personal Representative to pay the expenses of my last illness, the expenses of a funeral appropriate to my station in life and custom of living (including a suitable monument or marker for my grave), and written charitable pledges which I have made. I grant my Personal Representative the power to extend or renew any debt for such time as my Personal Representative shall deem appropriate. c. All estate, inheritance, succession and other death taxes with respect to all property passing under this my Will shall be paid from and borne by the principal of my residuary estate, without regard to reimbursement, as if such taxes were administration expenses. My Personal Representative may pay such taxes at any time deemed advisable, whether or not then due and payable. d. My Personal Representative is requested to settle my estate as soon after my death as may be practicable, and to pay or deliver every legacy or bequest to my beneficiaries without waiting any time that may be believed to be customary in probate matters. PAGE 1 O F 4 PAGES ~ ~ ,~ ~ ~ -~~T e. I may leave a letter of intent with the executed this Will for the purpose of giving guidance to my Personal Representative concerning the distribution or sale of certain my property. I request, but do not require, that my Personal Representative honor my wishes therein expressed. copy of items of SECOND: I give, devise and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, to my daughter, LINDA J. JOHNSON and to any child or children that have been or may be born to or adopted by me, in shares of substantially equal value to be divided as they may agree. a. If any of my children shall not survive me, then the share of that deceased child shall go to the descendants of that child, who are to take per stirpes and not per capita. If any of my children shall not survive me and shall not be survived by any descendants, then the share of that deceased child shall be distributed to my surviving children and the descendants of any of my other children who fail to survive me, in the manner set forth above. b. If they are unable to agree, the division among my children and the descendants of any of my children who fail to survive me shall be made by my Personal Representative, in that person's sole and absolute discretion. I empower my Personal Representative to sell any or all of such property, if such property is not distributed in kind hereunder, and to distribute the proceeds among my said children in substantially equal shares. Any determination of my Personal Representative as to what should pass or be sold under this paragraph and to whom it should pass or be delivered or at what price it should be sold shall be conclusive. THIRD: In the event that none of my children and none of their descendants shall survive me, I give, devise and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, in equal shares, share and share alike, in the following manner: a. One-half (1/2) share to my grand-daughter, JENNIFER C. JOHNSON of Pennsylvania, or to the survivor. b. One-half (1/2) share to among my grand-daughter, JOANNA L. JOHNSON of Virginia, or to the survivor. c. In the event that of either above named people shall not survive me, then it is my desire that their one-half share be given to the surviving person. PAGE 2 OF 4 PAGES l~ Ih (~ Gj' ~ • !~~~~ FOURTH: Except as otherwise provided in this Will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide in this Will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. FIFTH: Any beneficiary who fails to survive until one hundred twenty (120) hours after my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be disposed of accordingly. SIXTH: Definitions: a. The term "children" as used in this Will includes adopted and afterborn persons. The term "children" as used in this Will shall not include step-children, the natural born or adopted children of a person's spouse who are not the natural born or adopted children of the person. A relationship by or through legal adoption shall be treated the same as a relationship by or through blood for purpose of succession to property under this Will. b. The term "descendants" as used in this Will means the immediate and remote lawful, lineal descendants by blood or adoption of the person referred to who are in being at the time they must be ascertained in order to give effect to the reference to them. c. The term "Personal Representative" as used in this Will means Executor, Executrix, Independent Executor, or any other title of like import which is used to describe such a fiduciary. d. The term "per stirpes" as used in this Will means that whenever a distribution is to be made to the descendants of any person, the property to be distributed shall be divided into as many shares as there are (1) living children of the person, and (2) deceased children, who left descendants who are then living, of the person. Each living child (if any) shall take one share and the share of each deceased child shall be divided among his then living descendants in the same manner. SEVENTH: In addition to any powers granted by the laws of the state in which this Will is probated, I hereby authorize and empower the fiduciaries named in this Will, to the extent of the discretion herein granted, to sell, exchange, convey, transfer, assign, mortgage, pledge, lease or rent the whole or any part of my real or personal estate, to invest, reinvest, or retain investments of my estate, to perform all acts and to execute all documents which my fiduciaries may deem necessary or proper in regard to my property. If any of my fiduciaries elect to receive compensation for services, such compensation will be that allowed by law. PAGE 3 OF 4 PAGES Cna EIGHTH: If any part of this Will shall be invalid, illegal, or inoperative for any reason, it is my intention that the remaining parts, so far as possible and reasonable, shall be effective and fully operative. My Personal Representative may seek and obtain court instructions for the purpose of carrying out as nearly as may be possible the intention of this Will as shown by the terms hereof, including any terms held invalid, illegal, or inoperative. IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this 77 day of 19~, set my hand and seal to this my LAST WILL TESTAMENT, consisting of 5 typewritten pages, each page bearing my handwritten signature. This document was prepared under the authority of 10 U.S.C. section 1044, and implementing military regulations and instructions, by John T. Bothwell, who is licensed to practice law in the State of Arkansas. ~G~/ ( SEAL ) MARY E. ASSELL The foregoing instrument was, at Carlisle Barracks, Pennsylvania, this ~ day of (~t~cc.v 19~, signed, sealed, published and declared by MARY E. ASSELL, the testatrix, to be her LAST WILL AND TESTAMENT in the presence of all of us at one time, and at the same time we, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and we do so verily believe that the said testatrix is of sound and disposing mind and memory at the date hereof. ~ufh~ m , ~e N" L~/t h r s j ~! -.Z-i~CED/~ `7~ G~C~ /~ . ~.t~e-rcJ Soc.Sec.No. Soc.Sec.No. Soc.Sec.No. OF C'a,~~ } ~-, I I , P~ J ~o J I OF ~/E~C'~l9rV~ts ~y yr~~3OF ,~~;-~.e~ C' o l /~ ~ off- r~ 803 PAGE 4 ~ m~ ,r , A ~~ OF 4 PAGES~~pj-! -- COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY ACKNOWLEDGMENT I, MARY E. WASSELL, testatrix, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. (SEAL) MARY E. W SSELL AFFIDAVIT We , ~7 ~-~ m . ,BC H" ~ ~'.r?i~ rs ~- / ' liY~O~' and ~ NPf~- '/ /V. ~~~-K~S the witnesses, sign our names to this instrument, being duly qualified according to law, do depose and say that we were present and saw the testatrix sign and execute the instrument as her Last Will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the will as a witness; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Witne Witness Witness Subscribed, sworn to and acknowledged before me by MARY E. WASSELL, the testatrix, and subscribed and sworn to before me by ~~h~ m ~ ~ 1-f ~ , 19~'~ . _ /~ NOTAR ~/Y~.~ ~ • and the witnesses, this ~ day of U~BL y Commission Expires: Noianal C-aaI RosaA. Rodriguez, Nptary Public C~ ris!e l3oro, Curnt~edara Courrty My C~rninission E~irss Nw. 8,1997 h `rri,~r, f'enrsyivaniaAssociaiion of Not.,;^~s