HomeMy WebLinkAbout05-07-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Frances M Card
also known as
COUNTY, PENNSYLVAN,I/A C
File Number 21 -10 .~. U `y lJ
,Deceased Social Security Number 210-30-1583
Mary Jo Garrett' Mc owan
Pettioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ;4' or B' BELOW )
^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtriX named in the
last Will of the Decedent dated Q1/23/2007 and codicil(s) dated
(SYate ralevent dralmstandfs, e.g., lenundation, tleath orexecutor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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
a Ica , en er c..e.; ..n.c..a.; uren a b; uran ml a
Pettioner(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
Administratron, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name _ Relationship Residence
~ rri
G3 b. G % ~.
"~ a r ~y
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(COMPLETE /N ALL CASES:) Attach additional sheets if necessary. -' . ~ r
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 41
18 Sussex Road, Camp Hill, PA 17011
(List sheet address, fowr/ciry, township, county, state, zip code)
Decedent, then $$ years of age, died on OM2412010 at Holy Spirk Hospital
Decedent at death owned property with estimated values as follows:
(If domicled in PA)
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
situated as follows:
All personal property
Personal property in Pennsylvania
Personal property in County
S 3,500.00
VJhere}oro, Petitbner(s) respectfulty request(s) the probate of the last Will antl Codicil(s) presented with this Petitlon and the grant of Letters in the appropriate form to
the undersigned:
~opyngm (cl ztxxi ram sanware any The Lackner Group, Inc. Page 1 of 2
Oath of Personal Ra~reser>~tative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF CNmberland }
The Pettioner(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/a-/nyd subscribed
before me this / ~ day of
and that the instrument(s) dated 01/23/2007
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Social Security Ni er: 210-30-1583 Date of Death: OM24/2010
AND NOW, ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, I S DECREED that Letters Testamentary
are hereby granted to Marv Jo Garrets McGowan
in the above estate
FEES
Letters ............................................ $
Short Cert~cate(s) ........................ $ ~ (N
Renunciation(s) ............................. $
$_~~
$ t5 (t.)
$
TOTAL ..................................
$
$
$
$
Attorney Signature:
Attorney Name:
'~
Iry Jo Garrety McGowan
Debra K. Wallet
Supreme Court I.D. No.: 23989
Law Offices of Debra K. Wallet
Address: 24 North 32nd Street
Camp Hill, PA 17011
Telephone: 7171737-1300
$
$
Form Rt~t~-(1Z Rev. 10.13-2006
Copyright (c) 2008 form software only The Lackner Group, Inc.
Page 2 of 2
Estate of Frances M Card ,Deceased
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 16312021
Certification Number
Rla>-tae iffy nRtla.
lYR I PRIM N
PEbM~AM/Wjr1
5
V / ~ ~/ S
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.
Registrar o Datgl~ued
CONMDNWEALTN OF PENNSYLVANIA a DEPARTMENT OF HEALTH , VRAL RECORDS
CERTIFICATE OP DEATH
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LAST 1!ltILL AND T~ST~M~NT `~
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~g~NC~S M. C~ItD r
I, FRANCES M. CARD, of Camp Hill, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory, and understanding, do hereby make, publish, and declaze
this to be my Last Will and Testament and hereby revoke all other Wills and Codicils that I
have made, including the Will dated July 20, 2004.
FIRST: It is my wish, and I direct, that after my death, my body be taken to
State College, Pennsylvania for burial next to my husband, Angelo Cazd.
SECOND: I direct that any debt owed to me at the time of my death by my
grandson, ANGELO N. CARD, II, of State College, Pennsylvania, is to be forgiven.
~~ THIRD: I give and bequeath to the individuals whose names are set forth in the
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Schedule attached to this, my Last Will and Testament, the respective legacies described on the
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said Schedule. I have signed this Schedule in the margin for purposes of identification.
Should any of these individuals fail to survive me by thirty (30) days or should said person for
~~ ~ any reason be unable, or otherwise refuse, to accept the gift, then that gift shall become a part
~ of my residuary estate.
FOURTH: I give, devise, and bequeath all the rest, residue, and remainder of my
Estate, of whatever nature and wherever situate, to the following individuals who shall survive
me by thirty days:
A. One third (1/3) to my daughter, MARY JO GARRETY McGOWAN, of
Camp Hill, Pennsylvania;
B. One third (1/3) to my son, RAYMOND CARD, of Dallastown,
Pennsylvania;
C. One sixth (1/6) to my grandson, ANGELO LEONARD CARD, of
Halifax, Pennsylvania.
D. One sixth (1/6) to my grandson, LEONARD CARD, of Camp Hill,
Pennsylvania.
Should any of the above-named beneficiaries fail to survive me by thirty (30) days, but
be represented by children then living, these children shall take, per stirpes, the share to which
my beneficiary would have been entitled if then living.
FIFTH: All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executrix, even though vested and
distributable, shall not be subject to attachment, execution or sequestration for any debt,
a
~' contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
r~ pledge, assignment, conveyance, or anticipation.
SIXTH: All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out of and be chazged generally
against the principal of my residuary estate, without apportionment or right reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executrix, of the non-probate assets such as an annuity or
mutual funds aze directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiazies of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
the non-probate assets.
SEVENTH: In addition to all rights and powers conferred by law, I authorize and
empower my Executrix and her successors, in her absolute discretion and without necessity of
obtaining court approval:
A. To buy investments at a premium or discount.
B. To hold property unregistered or in the name of a nominee.
C. To give proxies, both ministerial and discretionary.
D. To compromise claims.
E. To join any merger, consolidation, reorganization, voting trust
plan, or any other concerted action of security holders and to delegate discretionary duties with
respect thereto.
F. To lend to, and buy from, my estate.
~' G. To borrow and to pledge real and personal property as security therefor.
H. To sell at public or private sale for cash or credit or partly for each, to
~ exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
I. To exercise any option permitted by law which she believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
:1~
foregoing, power and authority to claim administration or other expenses either as income tax
deductions or inheritance or estate tax deductions, without regard to whether they were paid
from principal or income and without requiring adjustments between principal and income for
any resulting effect on income or estate taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiary or
class of beneficiaries hereunder at the expense of another; and to make such adjustments, if
any, between beneficiaries with respect thereto as she shall deem appropriate in view of the
nature of the transaction and the amounts involved.
J. To distribute in cash or in kind or partly in each.
The powers granted hereunder shall be exercisable with respect to all real and personal
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property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time, until the actual distribution of all property. All powers, authorities
and discretion granted here shall be in addition to those granted by law and shall be exercisable
without leave of court. However, nothing herein shall be interpreted or construed to
encourage, authorize, empower, or permit the Executrix to act or cause anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
EIGHTH: I nominate, constitute, and appoint my daughter, MARY JO GARRETY
McGOWAN, as Executrix of this, my Last Will and Testament. In the event of the
renunciation, death, resignation, or inability of my daughter to act for whatever reason in this
capacity, then I nominate, constitute, and appoint my son, RAYMOND CARD, as Executor of
this, my Last Will and Testament.
I direct that no representative named above shall be required to post security for the
faithful performance of his/her duties in any jurisdiction insofar as I am able by law to relieve
him/her of such obligation. Any of my representatives shall be entitled to reasonable
compensation for the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this '~.~~~(, day of
3An/~.~ry , 2007, on this, the fifth of five typewritten pages. I have also signed the
left-hand margin of the first four of these pages for purposes of identification only.
FRANCES M. CARD
SIGNED, PUBLISHED, and DECLARED by the Testatrix, FRANCES M. CARD, as
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 hereunto subscribed our names as witnesses.
N~ nt~6N~~'+wJ ae.
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IMt,`h,,~.ss r..~a , /~q 1~vSs
a~ ~~s r ,~.~ r~-e
ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, FRANCES M. CARD, Testatrix, whose name is signed to the attached 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.
FRANCES M. CARD
Sworn or affumed to and subscribed before me by FRANCES M. CARD, the
Testatrix, this ~3'~ day of ~pnl.lgr^~/ , 2007.
Notary Publi
MMONWEALTFi OF PENNSYLVANIA
NotarhatSeal
Mary M. Loper, NofaiY Pubic
Camp Fill Born, Crrnbertand CourNy
My Camrr~ssion Expires Oct 27, 2007
Member, Pennsylvania Association Of NWarks
AFFIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and~~~~~ 4P L.~mri c ,the witnesses whose names
aze signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testatrix, FRANCES M. CARD, sign and execute the
instrument as her Last Will and Testament; that she executed it as her free and voluntary act
for the purposes therein expressed; that each of us in the heazing and sight of the Testatrix
signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that
time 18 yeazs of age or older, of sound mind, and under no constraint or undue influence.
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Sworn or affirmed to and subscribed to before me by ~I..~t,by~p, ~, (~ )a ~ ~ and
Connie,, l~r ~imri ~ ,witnesses, this ~3~ day of _ ~n~,~pr~i , 2007.
Notary Publi
COMMONWEALTH OF PENNSYLVANIA
Ndadal Seel
Mary M~ Loper. Nofaly Pubic
Calrlp Hfi Bono, Curd~erFarld Coady
My Commiedon Expires Od 27.2007
Member, Pennsylvania Aseodatbn Of Notaries
SC~II±DUL£ Of SP£CI~L $I;QUI±STS TO
L~.ST IOIILL ~41VD T£ST~tMI±NT Of
~~NC£S M. C~ItD
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a. My daughter, MARY JO GARRETY McGOWAN, of Camp Hill, Pennsylvania: all of
my personal jewelry; English bone china tea service; the remaining place settings and
all serving pieces of Ivy Franciscan Waze; desk; Hitchcock chair; highboy; writing
chair; English Thatch Cottage; toy shop music box; bone china cup and lid; the little
girl Christmas music box; miniature tea set; little player piano; miniature secretary;
painting of a winter scene.
b. My son, RAYMOND CARD, of Dallastown, Pennsylvania: white leather chair.
c. My grandson, LEE CARD, of Camp Hill, Pennsylvania: maple 4-piece bookcase set.
d. My grandson, ANGELO N. CARD, II, of State College, Pennsylvania: secretary and
matching chair.
e. My great granddaughter, TIFFANY CARD, of State College, Pennsylvania: triple
dresser; one of my two nightstands.
f. My great granddaughter, ANGELA CARD, of State College, Pennsylvania: the other
night stand.
g. My grandson, DAVID GARRETY, of Harvey's Lake, Pennsylvania: English
countryside painting.