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Home My WebLink About12-14-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of PAUL M GUTSHALL also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-10 `° ~ ~~~ ,Deceased Social Security PAUL E GUTSHALL and LARRY W GUTSHALL Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `B' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the last Will of the Decedent, dated 12/09/2009 and codicil(s) dated N/A 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: ^ 8. Grant of Letters of Administration app Ica e, en er.• c..a.; .n.c..a.; pe ente i e; uran e a sen ia; uran a minon a e Petitioner(s) after a proper search has/have ascertained that Decedent left no Wil! and was survived by the following spouse I:if any) and heirs: (If Administration, 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 n ° _ ~;, ~ ~ --`~ m .~. r _~ y ~=; ~ ~ .~ ~J ". _, i'', . ~ A ~. I ~^ (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ~ ~~ ~ ~=-°~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his l her last principal residence at CT 111 BROAD STREET, Newville, NEWVILLE, Cumberland, PA 17241 (List street address, town/city, township, county, state, zip code) Decedent, then $$ years of age, died on 11/24/2010 at FOREST PARK, 700 WALNUT BOTTOM RD, CARLISLE, PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 2 D °J . d J (1f 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: 109-111 BROAD STREET, NEWVILLE, CUMBERLAND COUNTY, PA 17241 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: ignature Typed or printed name and residence _ PAUL E GUTSHALL 2476 RITNER HIGHWAY ,~!~/~~,~' / ~ CARLISLE, PA 17015 LARRY W GUTSHALL 108 EAST ORANGE ST Shippensburg, P'A 17257 Form RI/V-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Persona{ 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 ~, Z_ J F r the Register Signature of Persona~kpresentative PAUL E GUTSHALL ~~ Signature 6f Persorr~Re~resentative LARRY W GUTSHALL Signature of Persona/ Representative File Number: 21-10 ~"- ~ ~, ~~ Estate of PAUL M GUTSHALL ,Deceased Social S curity Number: 199-05-7081 Date of Death: 11/24/2010 AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to PAUL E GUTSHALL and LARRY W GUTSHALL in the above estate and that the instrument(s) dated 12/09/2009 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)............~....... $ ~, • ~ Renuncciation(s) ............................ $ ~11~ $ ~~,~~~ ~~~C .5 _ $ ;~3, s a ~ $ ~~ ~ ~ +-~' $ $ $ $ $ TOTAL ................................... $ ~ C~.~ Attorney Name: Hamilton C. Davis ~ `~ ~ ~; ' ' Supreme Court I.D. No.: 10264 ~ -' .>~~ Zullinger-Davis, PC ~ ~ -- t ~- Address: BOX 40 P O -•°~- --- . . ~~'J =n ~ . ; -`r7 T` . Shippensburg, PA ~ _'.° ~ ._ . _~-~ "~' :b- N _ -rt Telephone: 717-532-5713 -.~ Form RVV Q2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 LAST WILL AND TESTAMENT I, PAUL M. GUTSHALL, of the Borough of Newville, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke any Will or Codicil previously made by me. ITEM I: I direct that all my just debts (except as may be barred by a Statute of Limitations) and my funeral expenses (including my gravemarker and expenses of my last illness) shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM II: I bequeath those articles of my household furniture and furnishings and those articles of my personal effects and personal property as may be set forth in a separate memorandum (which is or will be signed by me, dated and will make specific reference to tlus Will and memorandum, which (if any) I shall place with my Will or deposit with my attorney), to the persons therein designated. ITEM III: I devise and bequeath the residue of my estate of every nature and wherever situate as follows: A. One-third (1/3) thereof to my son, PAUL E. GUTSHALL. B. One-third (1/3) thereof to my son, LARRY W. GUTSHALL. C. One-third (1!3} thereof to my granddaughter, TRACEY BARRICK. ~,,, ~ ~_ ITEM IV: Should any of my beneficiaries predecease me but leaving descents whcado ~ ,. ~j.; -= ~ ~ ~fici , survive me such descendants shall receive er sti es, the share that such redeceas p ~ p ~ -~ ;_ ~=-~ cn~ ~ ' ~ ` tt} .. ~...._.. .~ p ~ `- 4"+ 1 would have received had he or she survived me. ITEM V: If any property passes outright (either under this Will or otherwise) to a minor (which shall be defined as anyone under twenty-one (21) years of age) and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, I decline to appoint a guardian but instead authorize my Executor to distribute such property to a Custodian selected by my Executor (and my Executor may act as such Custodian) as Custodian .for the minor under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this appointment shall not supersede the right of any fiduciary to distribute a share where possible to the minor or to another for the minor's benefit. ITEM VI: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expenses of the administration of my estate. ITEM VII: I appoint my sons, PAUL E. GUTSHALL and LARRY W. GUTSHALL, co- Executors of this my Last Will. ITEM VIII: I direct that my Executors or custodians or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM IX: My individual fiduciary shall be entitled to reasonable compensation for his services rendered from time to time and to reimbursement of out of pocket expenses. ITEM X: The interests of the beneficiaries hereunder shall not be subject to antic;ipation or `~~~ ~~ ~~~ ~~L~~4~ 2 to voluntary or involuntary alienation. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my bast Will and Testament, written on four (4) sheets of paper, dated this ~ day of 2009. -//~ ~i-~ " „-_" _ (SEAL) PAUL M. GUTSHALL The preceding instrument, consisting of this and three (3) other typewritten. pages, each identified by the signature or initials of the Testator, was on the day and date thereof signed, published and declared by the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our names as witnes es hereto. r residing at _ ~ ,> ~ /' jj residin at ( ~' ~ ~'~~-~!~l g ~r 3 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, PAUL M. GUTSHALL, the 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; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. PAUL M. GUTSHALL Sworn to or affirmed and acknowledged before me by PAUL M. GUTSHALL, the Testator, this q ~ day of ,~ , 2009. ~. Notary Public COMMONWEgLTH OF i'ENRJSYLVANIA Notarial Seal ~~? Hamilton C. Davis, A~otary Pa~blic ~ Shippensburg t3oro, Cumberland County a My Commission Expires Sept. 27, ?U~2 Member, Pennsylvania Assaciaiior or ~dot~ries i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . ss. We, ~ -' ~ S and ~ ~ ~ ~ ,the witnesses whose names are signe 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 the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness; and that to the best of our knowledge the Testator wa s at the time eighteen (18) or more years of age and of sound mind an der no constraint or undue :influence. r `. ___ ; . ~~ -- ~J Sworn to or affirmed and subscribed to before me by r~ ~Q' / and Q / ,witnesses, this ay of ,,~ ,,,,,, (,, „ , 2009. Notary Public COMM06VWE,gLTH OF ~'ENNSYLVgNIq Hamilton C. Days SfUotary public Shippensburg Boro, Cumberland County MY Commission Expires Sept. 27, 2012 c Member, Pennsylvania Association of Notaries 4