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HomeMy WebLinkAbout12-03-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of JAMES E. RHYNER also known as Deceased COUNTY, PENNSYLVANIA File Number "iD ! ~ ~ [-r ~~ ~ ~~ Social Security Number 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 last Will of the Decedent dated MARCH 12, 2009 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 (If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritute) l~tioner(s) ~r a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if airy) and heirs: (If ~ministratao~, c. t. a. or d.b.~~c.t.a., enter date of Will in Section A above and complete list of heirs,) ~:_4 - ~ , _ _ .. --A'4~e Relatinmhin Recirlence~ - ...~ - ~. ~r _ ,. x ~ ~ ~- ~(COMPL INAL~~'ES:) Attach additional sheets if necessary. rv U Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at 7 OTTO AVENUE, CARLISLE, SOUTH MIDDLETON TOWNSHIP. CUMBERLAND COUNTY PENNSYLVANIA ]17013 (List street address, town/cdty, township, county, state, yip code) Decedent, then 82 years of age, died on NOVEMBER 18, 2010 at GOLDEN LIVING CENTER, CUMBERLAND COUNTY PENNSYLVANIA Decedent 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: $ 5,00.00 $_ $_ $_ 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: Si nature T ed or rinted name and residence ,-. /,~ ~ ~~ /~ ~ KEVIN R. CAMPBELL, 8220 SCENIC DRIVE, SHIPPENSBURG, ]'A 17257 named in the Form RW-02 rev. 10.13.06 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 the ,'S' ~ day of ..-- i L~.~~ ~ ~~i ~ r ~' ~`. CJ~'~-- .~.d.~ ~U ~-r--- or the Register n Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative File Number: .`~ / ' / ~ ~ / ~~ Estate of JAMES E. RHYNER ,Deceased Social. Secu~-rity Number: 188-20-3767 Date of Death:NOVEMBER 18, 2010 AND NOW, /h,~j7"].[J~~l'- ~ ~ ~~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to KEVIN R. CAMPBELL and that the instrument(s) dated MARCH 12, 2009 described in the Petition be admitted to probate and filed of FEES Letters ............... $ Short Certificate(s) ........ $ Renunciation(s) .......... $ JCP $ 45.00 8.00 23.50 AUTOMATION FEE $ 5.00 WILL $ 15.00 ... $ ... $ ... $ ... $ ... $ ... $ TOTAL ........ ...... $ 96.50 in the above estate Attorney Signature: Attorney Name: ROGER B. IRWIN, ESQUIRE Supreme Court I.D. No.: 6282 Address: 60 WEST POMFRET STREET CARLISLE, PA 17013 Telephone: (717) 249-2353 Form RW-02 rev. 10.13.06 Page 2 of 2 e ®` / ~~ / ,~~~ ~ ~F ~~ ~ ~ J / ~~ G, .~ N u...r _.... , .. ~- . L ~.. -... R ~ ~ ~C~...~/' ~ r. _[._. . -1 --- ~ ~~ ~~ ._..- _1 r;-~ Q -... O~y . ~ LAST WILL AND TESTAMENT I, JAMES E. RHYMER, of South Middleton Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me- made. 1. I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My personal representative shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. 2. I give, devise and bequeath my antique car picture and book collection unto such of the beneficiaries named in Paragraph 3 hereinbelow as shall express interest therein to any personal_ representative within sixty (60) days after my death, to be distributed amongst them in such fair and equitable manner as he shall determine in his sole and absolute discretion, and should there be no interest timely expressed, then I give, devise and bequeath said collection unto the CUMBERLAND COUNTY HISTORICAL SOCIETY. Page 1 of 5 Pages ti ~„~'~~ --T-~ J.E.R. y~~v 3. I give, devise and bequeath all the rest, residue and remainder of my estate, `vhether real, personal or mixed property, whether tangible or intangible, and wherever situated. unto my Trustee, in trust, for the following purposes: a. I direct that my Trustee shall hold, invest and reinvest the same, collect the income arising rherefro~r~ and, after paying all expenses incident tc the management of the trust, distribute the accumulated income and principal, in equal shares, unto the following of my grandchildren: MARY SUZANNE CAMPBELL, CHRISTOPHER RAY CAMPBELL, COLLETTE MARIE RHYMER, CAROLYN ADELLE RHYMER, and WILLIAM JAMES RHYMER. b. I direct that each of my said grandchildren shall have the right of withdrG~wal of his or her equal share of the principal and any accumulated income of said trust as each attains the age of eighteen (18) years. c. In the event any of my said grandchildren shall fail to attain the age for distribution of any part of their share and shall be survived by issue, then his or her share shall be held by my Trustee for said issue and distributed to them equally as each shall attain the age of eighteen (18) years. The share or undistributed share of any of my said grandchildren who shall not be survived by issue shall be distributed by my said Trustee equally to those of my said grandchildren 'who survive in accordance with the terms hereof. d. To the extent that the same is permitted by law, none of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest given to such beneficiary; and all sums payable to such beneficiaries hereunder shall be free and clear of the debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity. Page 2 of 5 Pages ~~ ~~ /'~ --f- y~ J.E.R. 4. I nominate, constitute and appoint my son-in-law, KEVIN R. CAMPBELL, as Executor of my estate. 5. I nominate, constitute and appoint the said KEVIN R. CAMPBELL as Trustee under the terms of this Last Will and Testament. 6. I direct that neither my personal representative nor my Trustee shall be required 'to file a bond to secure the faithful performance of their duties in any jurisdiction. i. I authorize and empower my personal representative and Trustee, in their sole ,end absolute discretion, to purchase or otherwise acquire and retain any investments or any property of any nature which I own at my death; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to them such power as my personal representative and Trustee consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and prc-xies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my personal representative shall have the power to conduct an invF;ntory ofany safe deposit box necessary to the administration of my estate. Page 3 of 5 Pages ~ 1r~~ --~=--- ~' J.E.R. IN WITNESS WHEREOF I have hereunto set my hand and seal this 12~' day of March, 2009. 4 d~, ,~,;- ~L~- ~~> ~"~ (SEAL) Jades E. Rhyner SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. <,~~ 1 ~ r. ' ~ ~. Page 4 of 5 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I, JAMES E. RHYMER, Testator, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. . ~~ s~ ~ ~1 ~, d ~f.-~y James, . Rhyner Sworn or affirmed to and acknowledged before me by JAMES E. RHYMER, the Testator, this 12"' day of March, 2009. ~.- ~..,..~ .~~ tart' Pu~llc ' ~' COMM01V1~lEALTH OF iPENNSYLVANIA Notarial Semi Karen S. Noel, Notary Pubic COMMONWEALTH OF PENNSYLVANIA ) Carlisle Boro, Ctxnbc-viand County : S S . My Commission Expires Dec. 8, 2011 MPmber ~^nn~~->>°''~°R" h.cG^+x:.iation of Notaries COUNTY OF CUMBERLAND ) ~~ ~~ .., _, We, , `- ;~ f~ ~ )(,1 ! ~' l and / d (~~~ ~_: s ~ _) /~ i ~ ~ , ,~ -- the 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 JAMES E. RHYMER, the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and that the Testator 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 that time 18 or more years of age, of sound mind a:nd under no constraint or undue influence. Sworn or affirmed to and subscribed before nee this 2``' y o ~ arch, 2009. r ..-' ,~ ;, ... ~ Fj N tart' Public ~. COMMUNVVENLI~I-i ~1F PENNSYLVANIA G:\SBloom\Office -Estate Planning\Rhyner, James\will-2.doc ~ ------._ Notarial Seal Karen S. Noel, Notary Public Carlisle Boro, Cumbc~tand County + + My Commission Expires Dec. 8, 2011 +~+:iation of Notaries Page 5 of 5 Pages