HomeMy WebLinkAbout06-30-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Caroi A. Sholly File Number ~/ /~ ^D~ ~U
also known as
, Deceased Social Security Number 186-34-1090
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 Petitioner(s) is /are the Executor named in the
last Will of the Decedent dated 05/05/2009 and codicil(s) dated N/A
(State relevant ctrcwmstances, e.g., renunciation, death ojexecutor, 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: N/A
^ B. Grant of Letters of Administration
(Ijappltcable, enter: c.t.a.; d.b.n.c.t.a.; pendente ltte; durance absentta; durance minorttate)
Pedtioner(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 db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) N
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(COMPLETE WALL CASES:) Attach additional sheets if necessary. O~ ~ -'~ ~~
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last princi~a residence at~_ ~~•~ C~
113 Amv Drive. Carlisle. North Middleton Townshio Cumberland Countv Pennsvlvania 17013 Ce1-~"~i'
(Lut street address, lowr/ctry, township, county, state, ztp code)
Decedent, then 66 years of age, died on 06/17/2010 at Carlisle Regional Medical Center
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 75,600.00
(If not domiciled in PA) Personal property in Pennsylvania S
(If not domiciled in PA) Personal property in County ~
Value of real estate in Pennsylvania S
situated as follows:
Wherefore, Pedtionet(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:
FormRW-02 rev. 10./3.06 Page I 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) wi~l well and truly
administer the estate according to law.
Sworn to or affirmed an ~ ubscribed
before me the ~-day of
6O
For the 3tegister
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of Personal Representative
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Signature of Personal Representative ~ ~ ca ~~3 , ry
Signature of Personal Representative
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File Number:
Estate of Carol A. Sholly Deceasdd
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Social Security Number: 186-34-1090 Date of Death: 6/17/2010
AND NOW,,;~A . c ~3~T ' ~/~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, TT IS D C that Letters Testamen
are hereby granted to Donald E. Sholly
in the above estate
and that the instrument(s) dated 5/5/2009
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES ~
Letters ............... $
~..
Short Certificate(s) ........ $__._,~ °`~
$ ~~~
Renunciation(s) ..........
~~~1~~ ... $ `J.av
.irs ... $ Z3.sr~
... $ ~:~
... $
... $
... $
... $
... $
... $
TOTAL .............. $ ,313.5-e:e~
of Wills
Attorney Signature: /
~+
Attorney Name: Lindsay D. Baird
Supreme Court LD. No.: 72083
Address:
Telephone:
37 South Hanover Street
Carlisle, PA 17013
717.243.5732
Form RW-01 rev. 10.13.06 Page 2 Of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee far this cerflficate, $6:00 This is to certify that the information here given is
P 16534895
Certificarion Number
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. "The original
certificate will be farwazded to the State Vital
Records Office for permanent filing.
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Local Registrar ' Date Issued
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CERTIFICA?E OF`DEATN
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LA5T WILL AND TESTAMENT
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OF ~• ~ w
Y./~
CAROL A. SHOLLY ~ ~' _
KNOW ALL MEN BY THESE PRESENTS, that I, Cazol A. Sholly, 1 ~IAmy D~e,
Cazlisle, Cumberland County, Pennsylvania, being in good health and of sound a~d disposing
memory, do hereby make, declaze, and publish this as my Last Will and Testament, herby revoking
all former Wills and Codicils heretofore made by me.
FIRST: I direct that all my just debts and expenses of my last illness and fungal expenses
shall be paid by my Executor, hereinafter named, from my estate as soon after my dedease as shall
be found convenient.
SECOND:
(a) I give personal gifts of the item named and to the individual listed on the Listing of
Personal Gifts attached to this Will.
(b) I give, devise, and bequeath all the rest, residue, and remainder of my estate, jwhether real,
personal or mixed, of any nature whatsoever and wherever situated, including any lapsed or void
legacy, to my three children, Michael Lee Sholly, 2221 Vantage Point, # 101, Virginia Beach,
Virginia 23455; Todd Allen Sholly, 18 Boswell Trail, Foster, Rhode Island 02825 and Donald
Eugene Sholly, 108 Virginia Avenue, Cazlisle, Pennsylvania, if they survive me by 90 days.
If any of the devisees listed in paragraph (b) predeceases me, the percentage share that would
otherwise be distributed to that predeceased devisee shall be distributed to his or her biological issue,
per stirpes, and should no issue be available to receive, then such shaze shall be adds to the share
for my other named children.
THIRD: I hereby nominate, constitute, and appoint Donald E. Sholly, as Executor of this
my Last Will and Testament. If my Executor fails to serve, or for any reason fails tp continue to
serve, I then appoint Michael L. Sholly to serve as Executor.
FOURTH: I direct that my Executor, or his successor, shall not be required tb furnish any
bond or other security for the faithful performance of his duties, notwithstanding any provisions of
law to the contrary.
FIFTH: My Executor shall have, in addition to the powers and authority conferred upon
him by law, the following additional powers and authority:
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1. To gift, sell at public or private sale, exchange, lease, mortgage, or pledge any property,
real or personal, constituting a portion of this estate, at any time, and upon such terms atYd conditions
as he shall deem wise.
2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life
insurance, annuities, or other securities, or such property, real or personal, as he shah deem wise,
without being limited by any statute or rule of law regazding investments by the Executor.
3. To retain, without incurring any liability, as investments, any property owned by me at
the time of my death, as long as he deems it wise, and even though such property is rat the kind of
property he would purchase as an investment, and even though to retain such property rlaight violate
sound diversification principles.
4. To cause any security or other property which may at any time constitute a portion of my
estate to be issued, held, or registered in his own name, or in the name of a nominee, or ~n such form
that title will pass by delivery.
5. To consent to the reorganization, consolidation, readjustment of the financ#al structure,
or sale of the assets of any corporation or other organization, the securities of which constitute a
portion of my estate, and to take any action with reference to such securities which, in the opinion
of my Executor, is necessary to obtain the benefit of any such reorganization, consolidation,
readjustment or sale; to exercise any conversion privilege or subscription right given to him as the
owner of any securities constituting a portion of my estate; to accept and hold as a portion of my
estate securities resulting from any reorganization, consolidation, readjustment, sale, conversion, or
subscription.
6. To pay all costs, taxes, charges and expenses in connection with,the administration of my
estate.
7. To determine what is "Income" and what is "Principal" hereunder, and 'his decision
thereon shall be final; and to purchase securities at a premium or discount, and to apply or chazge
said premium or discount against income or principal as he may determine.
8. To gift, transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or
otherwise dispose of any property at any time held by him, at public or private sale, or otherwise.
9. To borrow money from any person, firm or corporation, for the purpose of protecting and
preserving or improving my estate or to execute promissory notes or other obligationsjforamourts
so borrowed.
2
10. To employ legal counsel, accountants, brokers, investment advisors, custodians,
managers, and other agents and employees and to pay them reasonable compensation out of my
estate or out of any fund held hereunder to which said compensation is attributable.
11. To do all other acts in his judgment necessary or desirable for the ~ proper and
advantageous management, investment, and distribution of my estate.
SIXTH: I direct that all transfer and inheritance taxes, state or federal, assess because of
my death, whether the funds, property, or insurance proceeds to which such taxes az~attributable
pass under this Will or not, shall be paid out of my residuary estate just as if they were taffy debts and
none of those taxes shall be charged against any beneficiary; that my Executor pay, o$' provide for
payment of all such taxes at such time or times, and in such manner as my Executor deems best.
SEVENTH: All questions as to the validity of this, my Last Will, or the administration of
the Will shall be governed by the laws of the Commonwealth of Pennsylvania.
EIGHTH: Should my children, and the issue of my children, all fail to survive me, then I
give, devise, and bequeath all the rest, residue, and remainder of my estate of whatsoever nature and
wheresoever situate to The Waggoners United Methodist Church, 1271 Longs Gap Read, Carlisle,
Pennsylvania.
NINTH: Except as otherwise provided in this Will, I have intentionally failed t~ provide for
any other relatives or other persons, whether claiming to be an heir of mine or not. Insnfaz 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.
IN WITNESS WHEREOF, I, Cazol A. Sholly, the Testatrix to this, my t Will and
Testament, typewritten on three (3) sheets of paper which I have identified in the rnrgin of each
page by my stgnature, hereunto set my hand and seal this 5th day of May, 2009.
Cazol A. Sholly
The preceding instrument consisting of three (3) typewritten pages, each identified by the
signature of the Testatrix, Cazol A. Sholly, was on this day and date signed, published, ,'and declared
3
by her, the Testatrix therein named, as and for her Last Will, in the presence of us, who at her
request, in her presence, and in the presence of each other have subscribed our names ~s witnesses.
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
I, Carol A. Sholly, 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 on the 5th day of May, 2009; that I signed it willingly; andl that I signed
it as my free and voluntary act for the purposes therein expressed.
~~
Cazol A. Sholly
Sworn or affirmed to and acknowledged before me, by Cazol A. Sholly, the Testatrix„ this 5th day
of May, 2009.
l
Notary Public
TH OF PENN YLVANIA
No;aneU Sep'''
Nlwn J. f3ttr+~tl, Notary PubYc
CYMI~ Bore ~ ":~+mbe ',.end County
My~, E~q~!-~° . Nov. 2, 2010
M~rtibK, P~nn~y4aania .4s~;:. ,,,.:ion of NotarNs
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COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
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We, the witnesses whose names are signed to the attached or foregoing instryunent, being
duly qualified according to law, do depose and say that we were present and saw Carol A. Sholly
sign and execute the instrument as a codicil to her Last Will; that she signed willingly''I and that she
executed it as her free and voluntary act for the purposes therein expressed; that eact# of us in the
hearing and sight of Carol A. Sholly signed the codicil as witnesses; and that, to the best of our
knowledge, Carol A. Sholly was at the time eighteen (18) or more years of age, of sound mind, and
under no constraint or undue influence. _
Sworn or affirmed to and subscribed to before me by the
above-named witnesses, this 5th day of May, 2009.
VVEP=. -~ t1~ PENNSYLVANIA
=~
~{~/~~ - moires Nov. 2~ 2010
I~MmbN, PamsY~+„ ,:a AseoriattOn of NotaAN
n
Notary Public
5