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HomeMy WebLinkAbout05-24-10P PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of David G. Shively also known as COUNTY, PENNSYLVANIA File Number 21-10 -- 05'1 ,Deceased Social Security Number Rebecca L. Bailey and Jeffrey L. Bailey Petitioner(s), who Is/are 18 years of age or older, apply(les) for: (COMPLETE `A' or `8' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the named in the last Will of the Decedent, dated 09/25/2A08 and codicil(s) dated 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 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 app Ica e, en er: c..a.; .n.c..a.; en e i e; uran e a sen ~a; uran a m~non a e Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the followiLlg spouse (if ~r) and heirs:, (If Administration, c. t. a. or d. b. n. c. t. a., enter date of ill in Section A above and complete list of heirs.) CC TT -~-- Name Relationship Residence i~:'~~ c7 --< c - > ,~ -~~; _~~rn -~ ; .~- j. cn ~ -;Y ~ ? = -w ~C .;::" =tip = ~J avp ~_._4 - r r-i (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 702 Henry Street, Mechanicsburg, Cumberland, PA 17055 (L~st street address, town/city, township, county, state, zip code) ~'~ ~c.~ f~ roc-L4,` p*-r~ Decedent, then ~~ years of age, died on 05/19/2010 at Country Meadows Nursing Home, Mechanicsburg, PA 17055 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 500.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 75.000.00 situated as follows: 83 Hawthorne Avenue, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055 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: Signature Typed or printed name and residence Rebecca L. Bailey 702 Henry Street ~ Mechanicsburg, PA 17055 717-697-0908 Jeffrey L. Bailey 717-697-0908 702 Henry Street Mechanicsburg, PA 17055 Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 J [:5 $ 23.50 ,f t COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } 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 this ~ day of ~~ ~~ For the Register Signature of Personal File Number: 21-10-' Q ~'`'~ Estate of David G. Shively ,Deceased Social Security Number: Date of Death: 05/19/2010 AND NOW, d , in consideration of the foregoing Petition, satisfactory proof having been presented be r me, IT IS DECREED that Letters Testamentary are hereby granted to Rebecca L. Bailev and Jeffr _i i Railoy in the above estate and that the instrument(s) dated 09/25/2008 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters .......................................... $ 460.On Short Certificate(s) ....................... $ 24.00 Renunciation(s) ............................ $ Aut~matinn $ 5_ M JCS $ 23.50 V~ i 11 $ 15.00 $ $ $ $ $ $ TOTAL ................................... $ 527.50 Form RW-02 Rev. ~o-13-zoos A Je~'rey L. Bailey Signature of Personal Representative Supreme Court I.D. No.: 15893 Address: 124 W. Harrisburg Street P. O. Box 310 becca L. Bailey Dillsburg, PA 17019-0310 Telephone: 717-432-9733 E-Mail: Schracklaw@comcast.net Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attorney Name: Wm. D, Schrack III CLIENTS~.SHIVELY, DavidWavid -Will ~~ ~ ;~ ~ ~`" :''~ Z ~ - c rY -~ ~ t'ri .. ~~ ~ R3 .~" OF ~~_:~, -^~ ---~~ '~"'»f~~ DAVID G. SHIVELY w~7 :~> ~~ .~.. ..... BE IT REMEMBERED, that I, DAVID G. SHIVELY, of 873 Hawthorn Avenue, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, being of sound mind, memory, and understanding, do make, publish, and declare this as and for my Last Will and Testament, hereby revoking and making null and void any and all Wills and Testaments and writings in the nature thereof by me at any time heretofore made. ITEM 1: I direct that my hereinafter named Executors pay all my just debts, my funeral expenses, and the expenses of the administration of my estate. With this direction, I authorize and empower my Executors to expend for my funeral expenses and interment such amounts as may be considered necessary and proper, without regard to any limit that may be prescribed by a court of law. ITEM 2: I direct my Executors to pay all inheritance, estate, succession, and legacy taxes of whatsoever nature and kind, to which my estate or the transfer of any property passing hereunder or otherwise passing by reason of my demise, may be subject and to charge such taxes against my residuary estate, it being my intention that none of the aforesaid taxes, either federal ;3 or state, on any property required to be included in my gross estate, under the provisions of any state or federal law now in force or hereafter enacted, shall be prorated among the persons interested in my estate to whom such property is or may be transferred or to whom any benefit accrues. ITEM 3: In the event my spouse survives me, I give and bequeath unto my daughter, REBECCA L. BAILEY, INTRUST, NEVERTHELESS, all of my undivided interest in our marital premises known and municipally numbered as 873 Hawthorn Avenue, Mechanicsburg, Pennsylvania, including the contents thereof. My Trustee shall maintain the premises for the use of my spouse until such time as my spouse moves from the family residence, and expresses an intent to not return. Upon my spouse's relinquishment of the right to occupy our marital home, I direct that my Trustee arrange for the appropriate marketing of the premises, with the proceeds generated thereby to be added to the corpus of my existing Funded Revocable Trust. ITEM 4: All the rest, residue, and remainder of my estate, of whatsoever nature and wheresoever situate, whether it be real, personal or mixed, including property over which I have a power of appointment, I give, devise, and bequeath unto my daughters, REBECCA L. BAILEY and CHRISTINA M. POULIN, in equal shares, per stirpes. ITEM 5: I appoint my daughter, REBECCA L. BAILEY, and her husband, JEFFREY L. BAILEY, as Executors of this my Last Will and Testament, directing that they shall Page -2- not be required to give bond for the faithful performance of duties in this or any jurisdiction. IN WITNESS WHEREOF, I have hereunto set m hand and seal this ~~ da of y y j ,zoos. ~~1~d ~ ~~~~~ DAVID G. SHIVELY The preceding instrument, consisting of this and two (2) other typewritten pages, was on the day and date thereof signed, sealed, published, and declared by the Testator herein named, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses hereto. OF ~~ .a OF S.v ~~ ~ ~`~r Page -3- COMMONWEALTH OF PENNSYLVANIA. SS. COUNTY OF YORK ~- We, DAVID G, SHIVELY, and the Testator a~i~ the witnesses, ively, whose names are signed to the attached or foregoing 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 he executed it 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) years of age or older, of sound mind, and under no constraint or undue influence. DAVI G. LY ~` 1 ._ b SWORN TO AND SUBSCRIBED BEFORE ME THIS ~~~ DAY e{~•~YI~/.f1~J , 2008. NC~ P BLIC COMMONWE LTH F PENNSYLVANIA Nota al Seal Janet S. Gore, Notary Public Dillsburg 13oro, vork Courtty My Commission E~ir~es Oct. 25, 2010 Member, Pennsylvania Association of Notaries