HomeMy WebLinkAbout02-1012PETITION FOR PROBATE and GRANT OF LETTERS
Estate of
also known as
Cm a/z y ~. ~~n,E'c'~
Deceased.
Social Security No. 23 ~/ - O / - ~ z ~ Z
r~~jR~,d A - ~~;4R~i
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the xecut~ ~ named
Z f ~ ~' vv t
in the last will of the above decedent, dated
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
~~u.~ bG~ G~-~Q~ County, Pennsylvania, ith
Decendent was domiciled at death in ~UO~ ~,~ ~, p (,(~o/ _ ~D rr7 ~,
h 1 5 last famj~y or principal zesidence at
C~~QC.,s~ i'~ S~ a , !1
list street, number and muncipality)
s/~U ~,1vc~ 2 ,
Decendent, then B~ years of age, died
at ~ ~rjc~ (' _ - ~ i.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent 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
Value of real estate in Pennsylvania
situated as follows:
$ ~av
WHEREFORE, petitioner(s) respectfully regt~ ~ s e probate of the last will and codicil(s)
presented herewith and the grant of letters
(testamentar ;administration c.t.a.; administration d.b.n.c.t.a.)
theron.
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To:
Register of W~',lis for the
County of (, y~'1 b P,t L ~~c~ in the
Commonwealth of Pennsylvania
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ ss
COUNTY OF ~~,>1 ~ L"''~
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 represen-
tative(s) of the above decedent petitioner(s) will well and truly a inister the estate according to law.
~ ~ ~
Sworn to or affirmed and subscribed Av+ i~~ A•
before me this 13th day of
..
. ~,, ~ y
yyJ
H~sinil //J ` `°
a „_~.,,_ ~.d~,r~
Donna M. Otto,lst Deputy
NO. 21-2002-1012
Estate of Fmory A. Howard ,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW November 13th }~ 2002, in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated February 23rd 2001
described therein be admitted to probate and filed of record as the last will of
Emory A.Boward
and Letters TestamPnt_-a
are hereby granted to David A.Boward
FEES
Probate, Letters, Etc.......... ~ 25.00
Short Certificates( 5) .......... ~ 15.00
JCP ~R~ x-Pages . (. 2 a ... $ 5.00
~ 10.00
TOTAL $ 56 _ 00
Filed . NavecN~ez. 13.th, 20Q2 ........... .
/.4~
Register of Wills ~ /~-
Donna M. Otto,lst Deputy
ATTORNEY (Sup. Ct. LD. No.)
ADDRESS
PHONE
MATLED LETTERS AND ORDER TO EXECUPOR ON 11-13th, 2002
lais~ is to Lerrifi~ rha~ the ulformacion here given is correctly copied from an original certificate of ~.ati~ dnls° tiled «ith me as
Local Registrar, 7'he original rertiftcate will be. forwarded to the Stare Vital Records Office fo1 ~~errz ~1.,3c•n: ti!;n~;
WARNING: It is illegal to duplicate this copy by photostat or photograph.
er for this c~rrit!~ate, $?.Ol)
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
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REGISTRAR'S SIGNATURE ANO NUM
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~ Emory A. Boward of 250 S. Spring Garden Street, Carlisle, Cumberland County,
Pennsylvania, declare this to be my last will and revoke any will previously made by me.
~ltem ®ne: I direct that all my debts and funeral expenses including my gravemarker shall be
paid from my residuary estate as soon as practicable after my decease as a part of the expense of
the administration of my estate.
,item ~bno: I give, devise, and bequeath my entire estate as follows: one-third to my son
David Allen Boward, per stirpes; one-third to my daughter Sandra Gail Pron, per stirpes; and
one-third to be divided equally among the three children of my deceased daughter Sharon Madge
~ ~ Knight, per stirpes.
~ ~1tem ~ljree: I appoint my son David A. Boward Executor of this my last will. Should he fail
to qualify or cease to act as Executor, I appoint my daughter Sandra Gail Pron, of North
Carolina, to act as Executrix with the same rights, powers, and duties.
Vim'
~1tem,gour: I appoint my son David A. Boward Guardian/Trustee of any property which
passes to any person under the age of 22 years and with respect to which I am authorized to
appoint aGuardian/Trustee and have not otherwise specifically done so. Should he fail or cease
~; to act as Guardian/Trustee, I appoint my daughter Sandra Gail Pron to act with the same rights,
~, powers, and duties. Guardian shall establish separate guardianship accounts and shall have the
"~'~ power to use income from time to time for the beneficiary's education, including technical and
vocational training and graduate school, travel, support, and welfare without regard to his or her
parent's ability to provide for such education, travel, support, and welfare, or to make payment
for these purposes, without further responsibility, to the beneficiary or to the beneficiary's
parents or to any person taking care of the beneficiary. Guardian shall administer the account
until the beneficiary becomes 18 years of age, at which time the Guardian shall transfer the
principal and income remaining in the separate guardianship account to my Trustee, being the
same person as my designated Guardian, who shall then administer a trust account, of both
principal and income and any other funds transferred to the accounts designated, for the
beneficiary's education, including technical and vocational training and graduate school, travel,
support, health, and welfare. When the guardianship or trust account is less than $5,000.00 or
the beneficiary of the separate trust becomes 22 years of age, the share of the beneficiary
remaining in the account shall be paid to the beneficiary in full and the guardianship or trust
terminated. In the event of the death of any beneficiary after my decease and prior to reaching
the age of 22 years, his or her share shall be distributed equally among his or her children,
equally; otherwise to my surviving children or child, per stirpes, to be administered in
accordance with the guardianship and/or trust provisions. No interest under this instrument shall
be transferable or assignable by any beneficiary, or be subject during its life to the claims of
creditors. Guardian and Trustee shall not be required to file accountings with any court. In the
event that any provision of this will shall be interpreted to violate the Rule against Perpetuities,
then the remaining provisions of this will shall not be invalid. Trustee shall administer the trust
and dispose of assets so as not to violate the rule, making distribution as required to a life or lives
in being plus 21 years.
~1tem,~fbe: All estate, inheritance, succession, and other taxes, imposed or payable by reason
of my death, and interest and penalties thereon, with respect to all property comprising my gross
estate for tax purposes, whether or not such property passes under this will, shall be paid out of
the principal of my residuary estate, without apportionment or right of reimbursement.
,item ~tx: I direct that my personal representative or guardian shall not be required to give
bond for the faithful performance of their duties in any jurisdiction.
,item ~eben: In addition to the rights and powers given to the fiduciaries by law or elsewhere in
this will, I give to my Executor during the full time necessary for the admirustration of my estate
the following rights and powers to be exercised in his or her sole discretion.
A. To retain any real or personal property which may at any time form a part of my estate so
long as he or she deems it advisable.
B. To invest in any real or personal property without restrictions to legal investments.
C. To repair, alter, improve or lease for any period of time any real or personal property and
to give options for leases.
D. To sell at public or private sale, for cash or credit, with or without security, to exchange
or to partition, to mortgage or pledge real or personal property, and to give options for
leases.
E. To make distribution in kind.
F. To compromise claims.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of February, 2001.
Emory A. B and
The preceding instrument, consisting of this and two other typewritten pages each identified by the
signature of the Testator was on the day and date thereof s' ed, published and declared by the
Testator therein named as and for his last will, in the pres nce f us, who at hi _ uest, in his
presence and in the presence of each other have subscribed~,our amen
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
We John H. Broujos and ~ b ,, Ste.{'¢., ,witnesses whose names are signed to the
attached or foregoing instrument being duly qualified according to law, do depose and say that we
were present and saw the Testator sign and execute the instrument as his last will; that he signed
willingly and executed it as his free and voluntary act for the purposes therein expressed; that each
of us in the hearing and sight of the Testator signed the will as witnesses; and that to the best of our
knowledge, the Testator was at the time 18 or more years of age,
constraint or undue influence. (~ ~~
Sworn and subscribed to before
me this 23'~ day of February, 2001.
Nf~ ARY PUBLIC
Notarial Seal
d~ridget Ann Corcoran, Notary Public
Carles!e Boro, Cumberland County
~ i,A,#. Commission Expires June 10, 2002 '
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
and under no
I Emory A. Boward whose name is signed to the attached document, 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 as my free and voluntary act for the purposes therein expressed.
Emory A. ward, Testator
Sworn and affirmed to and
acknowledged before me
this ra day of February 2001.
NO ARY PUBLIC
~~~ Notarial Seal
Bridget Ann Corcoran, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires June 10, 2002
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 7/08/2004
BOWARD DAVID A
64 ACORN CIRCLE APT ## 303
TOWSON, MD 21286
RE: Estate of BOWARD EMORY A
File Number: 2002-01012
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0.
103 SUPREME COURT RULES DOCKET N0. 1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 8/10/2004
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Counsel
Judge
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone:(717) 240-6345
Date: 7/08/2004
BOWARD DAVID A
64 ACORN CIRCLE APT # 303
TOWSON, MD 21286
RE: Estate of BOWARD EMORY A
File Numb ~
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 8/10/2004
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~'~" ~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Counsel
Judge
a~ - oa- iol~
Glenda Farner Strasbaugh
Register of Wills &
Clerk of the Orphans' Court
Marjorie A. Wevodau
First Deputy
Kirk S. Sohonage, Esquire
Solicitor
OFFICES OF
One Courthouse Square
Carlisle, Pa. 17013
(717) 240-6345
FAX (717) 240-7797
~tegfgter of tYfg and ~rPr~ of ~P ®r~p~jatt~' Court
c~ouutp of c~umfierlaub
December 6, 2004
David A. Boward
64 Acon~ Circle, Apt # 303
Towson, MD 21286
IN RE: Estate of Emory A. Boward
Dear Mr. Boward:
It has come to my attention as solicitor for the Office of the Register of Wills and Clerk
of the Orphans' Court in and for Cumberland County, Pennsylvania, that the above estate
has failed to file a report of the status of administration as required by Pennsylvania
Orphans' Court Rule 6.12.
Subsection (f) of Rule 6.12 requires that the Register of Wills notify the Court in the
event the personal representative or counsel fails to file this notice after (10) days written
notice thereof. You have already received written notice of this delinquency by the
Register.
Kindly accept this letter as written notification that unless the required 6.12 Status Report
is filed with the Register of Wills Office within ten (10) days of your receipt of this
correspondence, Iwill be compelled to file a Motion for Sanctions for Failure to Comply
with Orphans' Court Rule 6,12. If required to do so, I will request that the Court grant
counsel fees and court cost to be assessed against the offending party.
Sincerely ;
... '
fm
Kirk S. Sohonage
Solicitor
~, J
,/ "~
Glenda Farner Strasbaugh
Register of Wills ~
Clerk of the Orphans' Court
Marjorie A. Wevodau
First Deputy
Kirk S. Sohonage, Esquire
Solicitor
OFFICES OF
One Courthouse Square
Carlisle, Pa. 17013
(717) 240-6345
FAX (717) 240-7797
~trgf~ter of irr~ and ~Yer~ of tYje ®r~~jaug' court
c~ouutp of c~um~erCanb
December 6, 2004
David A. Boward
64 Acorn Circle, Apt # 303
Towson, MD 21286
IN RE: Estate of Emory A. Boward
Dear Mr. Boward:
It has come to my attention as solicitor for the Office of the Register of Wills and Clerk
of the Orphans' Court in and for Cumberland County, Pennsylvania, that the above estate
has failed to file a report of the status of administration as required by Pennsylvania
Orphans' Court Rule 6.12.
Subsection (f) of Rule 6.12 requires that the Register of Wills notify the Court in the
event the personal representative or counsel fails to file this notice after (10) days written
notice thereof. You have already received written notice of this delinquency by the
Register.
Kindly accept this letter as written notification that unless the required 6.12 Status Report
is filed with the Register of Wills Office within ten (10) days of your receipt of this
correspondence, Iwill be compelled to file a Motion for Sanctions for Failure to Comply
with Orphans' Court Rule 6.12. If required to do so, I will request that the Court grant
counsel fees and court cost to be assessed against the offending party.
Sincerely
`s'
Kirk S. Sohonage
Solicitor
;RD/June 30, 1992/17858
JCS ~ I <_GU~ ~,,
~%
In Re: Estate of Emory A. Boward
Late of South Middleton Township
Estate No.: 2002-1012
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLV_ANLA
NO.21-2002-1012
NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE
Personal Representative: David A. Boward
Counsel for Personal Representative: None
Date of Decedent's Death: 08/10/2002
Date of Delinquency Notice: 09/10/04
The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance
with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court
Division, Court of Common Pleas of Cumberland County, that neither the above named personal
representative nor the above named counsel for the personal representative have filed with the
Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule
6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12,
Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30,
2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in
accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned
requests that a Court conduct a hearing to determine whether sanctions should be imposed upon
the delinquent personal representative or counsel for the delinquent personal representative.
Date: 09/10/04
Distribution: Personal Representative
Estate File
r is
,~i'' `'`
i /
Glenda Farner Strasbaugh
Clerk of the Orphans' Court
A hearing is scheduled for at in Courtroom No. 3. If the Status Report is filed prior to
the hearing date, the hearing will automatically be cancelled.
Y
Geofge I;~°`Hoffer,`~.J.
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 7/08/2004
BOWARD DAVID A
64 ACORN CIRCLE APT # 303
TOWSON, MD 21286
RE: Estate of BOWARD EMORY A
File Number: 2002-01012
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6 12) in the above captioned
estate. '
As per the AMENDMENTS TO SUPREME COURT ORPHANS, COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent,s death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 8/10/2004
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Counsel
Judge
JRD/June 30, 1992/17858
In Re: Estate ofEmory A. Boward · ORPHANS' COURT DIVISION
Late of South Middleton Township · COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY
Estate No.: 2002-1012 ' PENNSYLVANIA
NO. 21-2002-1012
NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE
Personal Representative: David A. Boward
Counsel for Personal Representative: None
Date of Decedent's Death: 08/10/2002
Date of Delinquency Notice: 09/10/04
The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance
with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court
Division, Court of Common Pleas of Cumberland County, that neither the above named personal
representative nor the above named counsel for the personal representative have filed with the
Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule
6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12,
Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30,
2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in
accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned
requests that a Court conduct a heating to determine whether sanctions should be imposed upon
the delinquent personal representative or counsel for the delinquent personal representative.
Date: 09/10/04
Glenda Farner Strasbaugh
Clerk of the Orphans' Court
Distribution: Personal Representative
Estate File
A hearing is scheduled for at in Courtroom No. 3. If the Status Report is filed prior to
the hearing date, the hearing will automatically be cancelled
George ~? ~offer, ~.J.
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Glenda Farner Strasbaugh
Register of Wills & ~ One Courthouse Square
Clerk of the Orphans' Court Carlisle, Pa. 17013
Marjorie A. Wevodau (717) 240-6345
First Deputy FAX (717) 240-7797
Kirk S. Sohonage, Esquire
Solicitor OFFICES OF
lltill ani of O anS' 6 urt
December 6, 2004
David A. Boward
64 Acorn Circle, Apt # 303
Towson, MD 21286
IN RE: Estate ofEmory A. Boward
Dear Mr. Boward:
It has come to my attention as solicitor for the Office of the Register of Wills and Clerk
of the Orphans' Court in and for Cumberland County, Pennsylvania, that the above estate
has failed to file a report of the status of administration as required by Pennsylvania
Orphans' Court Rule 6.12.
Subsection (f) of Rule 6.12 requires that the Register of Wills notify the Court in the
event the personal representative or counsel fails to file this notice after (10) days written
notice thereof. You have already received written notice of this delinquency by the
Register.
Kindly accept this letter as written notification that unless the required 6.12 Status Report
is filed with the Register of Wills Office within ten (10) days of your receipt of this
correspondence, I will be compelled to file a Motion for Sm~ctions for Failure to Comply
with Orphans' Court Rule 6.12. If required to do so, I will request that the Court grant
counsel fees and court cost to be assessed against the offending party.
Sincere!.,Y~/.~
Kirk S. Sohonage
Solicitor
9
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 7/13/2005
BOWARD DAVID A
64 ACORN CIRCLE APT # 303
TOWSON, MD 21286
RE: Estate of BOWARD EMORY A
File Number: 2002-01012
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
S/10/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~=~:7C
REGISTER OF WILLS
cc: File
Counsel
Judge
cJf
June 3, 2006
Cumberland County Register of Wills
1 Courthouse Square
Carlisle, PA 17013
RE: File No. 2002-01012
PA File No. 21-02-1012
Date of Death 08/10/2002
Social Security 234-01-7282
At this time I am requesting 4 short certificates of probate to be dated within 2006 and have
enclosed a check for the $16.00 along with a postage paid envelope per the instructions provided.
I have also enclosed a copy of the obsolete probate for reference.
Should you have any questions or concerns I can be reached at 760.963.7725, thank you in
advance for your attention to this matter.
Kind Regards,
,---_,
David A. Boward
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SHORT CERTIFICATE
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I~ MARY C. LEWIS
Register for the Probate of Wills and Granting
Letters of Administration &c. in and for said
County of CUMBERLAND do hereby certify that on
the 13th day of November A.D.,
Two Thousand and Two,
Letters TESTAMENTARY
in common form were granted by the Register of
said County, on the
estate of BOWARD EMORY A late of SOUTH MIDDLETON TOWNSHIP
in said county, deceased, to BOWARD DAVID A
and that same has not since been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand ofdNovembea the seal
of said office at CARLISLE, PENNSYLVANIA, this 13th day
A.D., Two Thousand and Two.
File No. 2002-01012
PA File No. 21-02-1012
Date of Death 8/10/2002
S.S. # 234-01-7282
!~"' Register
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NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL