HomeMy WebLinkAbout06-25-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Helen M Sears
also known as
COUNTY, PENNSYLVANIA
File Number 21 - 10 - (~~' ~~
,Deceased Social Security Number 174-20-7566
Margaret Howard
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE `A' or `B' BELOW.•)
Q 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 02/05/2009 and codicil(s) dated
Mark S. Leitch signed a Renunciation form on June 16, 2010. Margaret Howard is listed in the Wilt as th_ e
alternate Executrix.
(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.; pe en e ~ e; urante a sen ia; 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 following spouse (if any) and heirs: (If
Administrat~an, 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 r..,a
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ -~-a Q ~~ ~-.r-~
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at p ~- "a ~"~.
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20 North 12th Street, Lemoyne, Lemoyne Borough, Cumberland County, PA 17043
(List street address, town/city, township, county, state, zip code)
Decedent, then 85 years of age, died on 05/03/2010
at Essex House, Lemoyne, PA 17043
Decede'~~t at death owned property with estimated values as follows:
(if domiciled in PA) All personal property $
(if not domiciled in PA) Personal property in Pennsylvania $
(if not domiciled in PA) Personal property in County $
V~;ue of real estate in Pennsylvania $
situated as follows:
190,000.00
Wherefore Petitioner(s) respectrully 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
Margaret Howard 34 Newport Drive
( Wayne, PA 19087-5058
Form RW-02 Rev. 10-13-2006
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Cumberland }
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
t 6l0
F9r the Regi ter
Margaret Howard
Signature of Personal Representative
Signature of Personal Representative
File Number: 21 - 10 - C~~ (~~
Estate of Helen M Sears ,Deceased
Social Security Number: 174-20-7566 Date of Death: 05/03/2010
AND NOW, c_, 10 ~~~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Margaret Howard
in the above estate
and that the instrument(s) dated 02/05/2009
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............................................ $ ('SC u(.U . CJ~
Short Certificate(s) ........................ $ ~ ~ , (,~
v
Renunciation(s) ............................. $ Lh ' (~~
,1~5 $ ~~.
~~t~ ~~~ 1161 fiG'~ $ h ~~st
TOTAL .................................... $ ~~~ _ C_JV
Attorney Name: 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: 717/737-1300
Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
Attorney Signature: ~1~.IG. I,~j~u.~,r
la~.sos izrv lour-,
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 16177521
Certification Number
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
bZecords Office for permanent filing.
~ MAY052~10
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Local Registrar Date Issued
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' PRINT IN
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse) STATE FILE Nl1AARFR
1. Name of Decederd (FlreL mkkNe, last, sulNx) 2. Sex 3. Social SecaRy Number 4. Date of Death (Month, day, year)
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5. Age (Lest &rorday) Under 1 Under 1 day 8. Date of Birth Month, 7. BI arrd ebb a Oe. Piece of Deem Check on one)
r
~r• Haxa
~~ "°°~''°'~ O1her Retirement Residence
8 5 yre, J u 1 y 4 ,19 2 4 Pittsburgh , PA ^ trrpatlent ^ ER / outpatbnt ^ DDA ^ Nursing home ^ Reaiderrce [Omer • Speciy:
8D. County of Death 8c. Clry, Boro, Twp. of Death &1. FadNy Name (M not krslNtAbrr, give street and number) 9. Was Decederd of
Hb{mn~ Odgkr? No ^ Ves 10. Race:Amedcan Indian, Black, White, etc.
Cumberland Lemo ne
y Essex House (II'~''0~'' (
Mexican
Puerto Rican
etc
)
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11. DecedertNe Uarxd Kind of wok done moat d life. Do not state /2. Was Decedent ever In the 13: Decederd's Edurxctlon (Spedly any rrigtrat grade rxxnpletad) 14. Madbl Satus: Monied, Never Married, 15. Su
~~ (If wNe, give maiden name)
P r o f ~ o n a 1 Kk,a a Bmeinaa I Industry U.S. Armed Forces? EbrtreMary / Secardary (0-12) college (1.4 a 5+) Widowed, Divorced (SpedlH
^ Yea '
18. Decedent's MaNing Addreaa (Street, dtY /tram, state, zip code) Decedent's Did Decedent
PA
2 0 N . 12th Street aauel Residence 17a sbte
~? 17c. ^ Yea, Decedent Lived in T
Lemo ne, PA 1 7043 17b.Couny Cumberland ,7e.~ a dwnnm Lemoyne ~~y/~~
18. Famer's Name (Firet, middle, lest, auflix) 19. Momsrs Name (Fkst, middle, maiden aumame)
Vernor A. Martin
20a. Informant's Name (Type /Print) 20b. InfanreM's MaNing Address (Street, dry I town, slate, zip code)
Margaret S. Howard 34 New ort Dr. Wa ne PA 19087
21 a. Method of DbpoeNlon ~ Crenratbn ^ Donation 21b. Date of Dieposllbn (Month, day, year) 21c. Place of Dbposltlon (Name of cemetery, crematory a other place) 21d. Location (CNy I town, slate, zip code)
^ o~r~ RertrovalfromSbte ~ ~a Y~^~ May 5, 201 0 ~; Hollinger Crematory Mt. Holly
22e. Sigrretlire of F Service Liceyssq jq pereon as ) 22b. l.kxxra Number 22c. Name and Addrea of FacSly
- 011248E Musselman FH&CS Inc. 324 Hummel Ave.Lemoyne,PA
ComplMe Items 23ac any when ceAilying 23a To krawledge, ttre fame, dent and pkce sorted. (Signature end tltle) 23b. litxnee Nrunber 23c. Date Si
goad (Monet, day, year)
pfrysidan b riot avetleDb a18me OL deem b
aeNy rxwa of dam. • ~
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hems 24..28 moat be completed by person
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raraurcee deem 4. of Death • Date Prarorxrad Dead ( ,day, year)
/ ; y~ 28. Wes Case Rekirred ro Medical Examiner I Caarar for a Re Omar an Cremetlon or Daradon?
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. p~ M. O ^ Yea No
CAUSE OF DEATH (See InatrucUons end mp ) r Approxkrrete irderval: Part II: Error other ' 28. DM Tobeao Use Contdlxde ro Deem?
Item 27. Part I: Enter trre otreitr of events - d'reaeeas, irr~xies, a corrplMaaona -that dredly caused the death. DO NOT enter temrinel events such as ardfec arrest, r Onset to Dam but not resultlng in the underlying cause given In Pen L ^ Yes ^ Probably
reaplreWry arrest, a veMriaAer flbrNlatlon wimaA atroxag the efkrlogy. List ordy are cause on eah gne. r
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G • G v ~J11If(~ C/! ~ ~ ( 29. N Female:
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' Not pregnant wthin pest year
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~ ^ Pregnant at time of death
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Enter UNk~DkEYRLYINQ CA~UdSE r
8venta reeultlhp in d~eetlr ST".1B ~. ~ ~ l r f vn ~ ~
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^ Pfe9 pregnant within d2 days
of death
Due to (a u a oormequerrce of): r ^ Na pregnant, but pregnant 43 days to 1 ear
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d. i before death
^ Unknown N pregnant wiWn the peal year
30e. Was an Atdopay
' 30b. Were Aufapy Fkrdrrpa 31. Manner M Dam 32a. Date of ~Y (bbrrtlr, day, year) 32b. Deealbe How In)ury Oxunad 32c. Place of Injury: Home, Farm, Street, Factory.
Perkxmed
f AvaNable Pda to Completion Natural Homidde
~ ^ Office BuikNng, etc. (Specify)
a comae a Deem?
^ Yea -~-No ^ Yea ^ No ^ AoddeM ^ Pending Imestigatbn 32d. Time of Injury 32e. Injury at Wodit 321. N Traraporlatlon Injury (Specfy) 32g. Location of Injury (Brest, city !town, state)
^ Suiade ^ Cordd Not be Determined ^ Yes ^ No ^ Driver / Opereta ^ Passenger ^ Pedestrian
M Omer - Spedy:
33e. CertMer (Grec;k Dory anal 33b. Signature and Title of Certlfier ~
• CeRMyhy physkisn (Phyakiarr ceANylrp cause of deem when anotlrer ptryeidan has pmrraxrced deem and completed Item 23)
To the best of my lorowledga, deem aocunad ew to the cama(s) and msnrrsr a sbbd- - - - - - - - ~
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' Prorroundng srb PDY~ (fin botlr P~~9 tleath and certifying b cause of deem)
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On the basis of examinaUon sod / a invsstlgstlon, In my opinion, dam occurred at firs Ume, deb. end pbes, and due b Nrs sus(s) sod msnrwr a sbbd_ ^ /
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34. Name and A
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ar Who Complebd Cause of Dam (kem 27) Type !Print
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RENUNCIATION
REGISTER OF WILLS OF
Estate of Helen M Sears
~, Mark S. Leitch
CUMBERLAND COUNTY, PENNSYLVANIA
in my capacity/relationship as
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Executor
(Print Name)
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of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Margaret Howard
( are)
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(Signature) Mark S. Bitch
204 Beaver Drive
(Street Address)
Mechanicsburg, PA 17050
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Deputy for Register of Wills
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunci tion for the
purposes stated within on this day
of ~l~ Yyz-- ~ .
Notary Publ'
My Commission Expires:C~c.~t~b~ ~~, a0) l
(Signature and seal of Notary or other official qualified to
administer COMMONWEAL~~Ht~OF PENNSYLVANIA
No~riad Seal
iVlary iM. Loper, Notary Public
Came hl~ Boro, Ctxnbecland County
f1Ay Commission E~ires Od 27.2011
Member, Pennsylvania Association of Notaries
Form RW-OS Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
L A~ T W~ L L AND T E~ T A M E N T
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HELEN M
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HELEN M. SEARS
of Camp Hill
Cumberland County
Pennsylvania
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sound and disposing mind
memory
and understanding
do hereby make
publish
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this to be my Last Fill and Testament and hereby revoke all other Wills aid Codicils that I
have made, including the Will dated May 21, 2004.
FIRST: I give, devise, and bequeath all of my Estate, of whatever nature and
wherever situate, in equal shares, to the following individuals who shall survive me by thirty
(30) days: my daughter, MARGARET HOWARD, of Wayne, Pennsylvania; my daughter,
PATRICIA FORSYTHE, of Pittsburgh, Pennsylvania; my son, FRANK D. SEARS, JR., of
Boiling Springs, Pennsylvania; my granddaughter, MOLLY HOWARD LUTTON, of
Danville, Pennsylvania; my grandson, SAMUEL FORSYTHE, of Pittsburgh, Pennsylvania;
and my grandson, DAVID SEARS, of Camp Hill, Pennsylvania. Should any of these
individuals 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 named beneficiary would have
been entitled if then living.
SECOND: All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executor, even though vested and
distributable, shall not be subject to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation.
THIRD: 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 charged 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 Executor, of the non-probate assets such as an annuity or
mutual funds are 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 beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executor, in the Executor'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.
FOURTH: In addition to all rights and powers conferred by law, I authorize and
empower my Executor and his successors, in his 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 he believes to be
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advantageous from the viewpoint of overall tax reductions, including, without limitation of the
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
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~ from principal or income and without requiring adjustments between principal and income for
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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 he 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.
K. To employ agents, legal counsel, brokers, and assistants, and to pay their
fees and expenses as he may deem necessary or advisable to carry out the provisions of this
Will or any Trust.
The powers granted hereunder shall be exercisable with respect to all real and personal
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 Executor to act or cause anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
FIFTH: I nominate, constitute, and appoint my friend, MARK S. LEITCH, of
Mechanicsburg, Pennsylvania, as Executor of this, my Last Will and Testament. In the event
of the renunciation, death, resignation, or inability of my friend to act for whatever reason in
this capacity, then I nominate, constitute, and appoint my daughter, MARGARET HOWARD,
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 other daughter, PATRICIA FORSYTHE, as Executrix 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
~-~ ~ , 2009; on this; the fourth of four typewritten pages. I have also signed the
left-hand margin of the first three of these pages for purposes of identification only.
.~'
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HELEN M. SEARS,
SIGNED, PUBLISHED, and DECLARED by the Testatrix, HELEN M. SEARS, 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.
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ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, HELEN M. SEARS, Testatrix, whose name is signed to the attached instrument,
having been duly qualified according to law, do 1-~ereby acl~nowledge 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.
~ r
ELEN M. SEARS f''
,.
Sworn or affirmed to and subscribed before me by HELEN M. SEARS, the Testatrix,
this j ~~' day of } , 2009.
Notary Pu lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seed
Mary M. Loper. Notary Pt~lic
Camp H~ Boro, Cumberland County
My Commission E~ires Od 27.2011
Member, Pennsylvania Association of Notaries