HomeMy WebLinkAbout01-06-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WII.LS
TITION FOR PROBATE AND GRANT OF LETTERS
I,Ava~~£
Estate o ~T" P~sorl ,Deceased ESTATE NO: 21- l f - ~!,~~ ~
a/k/a:
a!k/a:
a/k/a: SS NO• 1os-,Iz-~e72
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `Bp ~ "C" as
applicable:
t7 A. Probate and Grant of Letters Testamentary or O Administration c.t.a., or d.b.n.c.t.a. (coi~rl~te Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters T~ ~ under
the last Will of the above-named Decedent, dated lvsnoos and codicils} dated
i I --
(State relevant ciroumstances, e.g. renunciation, death of executor, etc.) ~! i
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after ution of the
instrtunetlts offered for probate; was not the victim of a killing, was never adjudicated an incapacitated pens n and Was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been esta 1' had as defined in
23 Pa. C.S.A. § 3323(g):
^ B. Grant of Letters of Administration
(If applicable, ester d.b.a., pesdtat life, daraete absentia, drnate m te)
C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by e
following spouse (if any) and heirs (If Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A an mplete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and Was not a party pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(g), a apt as follows:-
,
Name _ Addrtas ~Iaf~er~SYip to ~eMent
SHEETSTF
THIS SECTION MUST BE COMPLETED: '~
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or 1
At 8 HarWdNe Drive, Camp Ha, PA 17011, LowxAUen Towrahip
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then ss yeazs of age, died t2~2oto at
(Month, Day, Year of death)
Estimated value of decedent's property at death:
If domiciled in PA
_If not domiciled in PA
_If not domiciled in PA
-Value of Real Estate in Pennsylvania
(city and state where death
PA
_... ~
Ss
h ~"" t~'~
~~
C"~l ~-?
n --~
..
All personal property $ s,ooo.oo
Personal property in Pennsylvania $ °•0°
Personal property in County $ t~I 0.00
$ I o•oo
Total Estimated Value $ I __ ,ooo•oo
Location of Real Estate in Pennsylvania: (Provide full address if possible.) WA
Signature(s) Name(s) & Mailing Address(es)
Terry L. Middlekauff, 6 Hartzdale Drive, Carthp Hill, PA 17011
Interim Form RW-02 revised 12.26. ] 0 by Cumberland County pending action by the Court Page 1 of 2
tO5.RQ5 REV ~O)1QT
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LOCAL REGISTRAR'S CERTIFICATION OF DE,~-TH
WARNING: It is illegal to duplicate this copy by photostat or photograpih.. .
Fee for this certificate, $b.00 This is to certify that the information here given is
correctly copied frpm an original Certificate of Depth
duly filed with m~ ~s Local Registrar. The origit~a~
certificate will b~', forwarded to the State Vital
Records Office.. f fi ~ermanent filing.
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LAST WILL AND TESTAMENT
I, LAVONNE R. PEARSON, of Cumberland County, Pennsylvania, t}e~ng of sound
mind, disposing memory and full legal age, do hereby make, publish and declar II~ ~hi to be my
~~
Last Will and Testament, hereby revoking all Wills and Codicils heretofore made 1b~ me.
ONE. I direct my Executor or Executrix, as the case may be, to~ ~ay all of my
debts, funeral and administrative expenses as soon as convenient after my decE
I direct that all state, inheritance, succession and other death taxes imposed or
of my death and interest and penalties thereon with respect to all property comb
estate for death tax purposes, whether or not such property passes under this Wil
by the Executor or Executrix from my estate, and that none of the aforesaid
prorated among those persons or entities named herein or otherwise beneficiaries ]
TWO. My Executor or Executrix may, at his or her discretion
claims, borrow money, retain property for such length of time as he or she mayj
lease and sell property for such prices, on such terms, at public or private sales, as
deem proper; and invest estate property and income without restriction to leggy
unless otherwise provided hereunder. I authorize and empower my Executor or E:
any realty and/or personalty owned by me at my death and not specifically devised
herein, at public or private sale or sales and to give good and sufficient deeds and/
therefor, in fee simple, as I could do if living. My Executor or Executrix is
empowered to engage in any business in which I may be engaged at my death, for
time after my death as seems expedient to said Executor or Executrix.
Initiul~`
ale by reason
of my gross
shall be paid
axes shall be
•eunder.
', compromise
deem proper;
~e or she may
investments
~cutrix to sell
bequeathed
~~• bills of sale
~thorized and
s~~period o~
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THREE. I give, devise and bequeath all of my estate of whater~r nature and
wherever situate to my father, HAROLD J. YOUNG, to be held in trust by ',tl~e hereinafter
mentioned Trustee according to the following terms and conditions:
A. Upon the creation of this Trust, the Trustee, as well as ~~ Executor or
Executrix, as the case may be, is hereby authorized to retain, unconverted, any property,
real or personal, that I may own at my death and shall be under no duty toy convert it into
~,
legal investments. The Trustee shall have the power and authority td $ell, transfer,
convey, invest and reinvest and to pay over the net income of the trust pro~~rty, to or for
the use of my father, or to accumulate it in the sole discretion of the Truster.', The Trustee
is also authorized and empowered to pay over to, or for the use and bene~iti~ of my father
such portion of or all of the principal of the trust estate as in the Trustee's sole discretion
seems proper for his continued support, maintenance, education, or med~c~al care. My
primary objective is to insure the support, maintenance, and medical car bf my father.
Notwithstanding the above purpose of this trust, the Trustee, in the ~'~rustee's sole
discretion, may distribute any of the trust principal or income for the benef~t of any of my
father for any such purpose as the Trustee deems reasonable under the circu~stances such
as but not limited to the purchase of real property, or any other purpose vc~hlich would in
the Trustee's sole discretion advance the best interest of my father. Any p~~ments made
hereunder may be made by the Trustee directly to my father, if in the sale o~inion of the
Trustee he is of such age and ability to properly handle the funds so paid, ox~ ~ayment may
be made by the Trustee directly to the person having the custody and care o~ $ny father, or
Initial 2
> ti
may be made by the Trustee directly to any institution entitled to such pay'iment by reason
of services rendered or to be rendered to my father.
B. Upon the death of my father, then in that event, the re It,~, residue, and
remainder of the trust property shall be distributed in accordance with ~ragraph Four
below.
',
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FOUR. If my father, HAROLD J. YOUNG, does not survive me b ~ period of at
least sixty (60) days, then I give, devise, and bequeath all of my estate of what v~r nature and
wherever situation to my friend TERRY L. MIDDLEKAUFF, absolute. If my fri ~1, TERRY L.
MIDDLEKAUFF, does not survive me by a period of at least sixty (60) days, the X give, devise
and bequeath all of my estate of whatever nature and wherever situate to my fri~d, TROY D.
MIDDLEKAUFF, absolute. ~,
i
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FIVE. In the event of a common disaster causing the death of m~ (beneficiaries
named in Paragraphs Three and Four above, all within a period of sixty (60) da~sa then I give,
devise and bequeath the rest, residue, and remainder of my estate to the CHRI~TIAN LIFE
ASSEMBLY, anon-profit church organization principally located at 2645 Lisbur~nRoad, Camp
Hill, Pennsylvania, or its successors or assigns, for its general religious and charita~l~ purposes.
SIX. I nominate and appoint, TERRY L. MIDDLEKAUFF, to see as Trustee
of the Trust created in Pazagraph Three hereof. If she has predeceased me, failed ~ol qualify or is
not able or does not serve for whatever eason, I then appoint, TROY D. MIDD~,~KAUFF, to
serve as Trustee of the Trust created in Paragraph Three hereof.
Initial 3
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SEVEN. I nominate and appoint my friend, TERRY L. MIDDLEKAWFF, to be the
Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to
qualify or is not able or does not serve for whatever reason, I then appoint my fi-~e$~d, TROY D.
MIDDLEKAUFF to be the Substitute Executor of this my Last Will and Testame~tb whereby the
said substitute personal representatives shall have the same powers as are given tb the original
Executrix hereunder.
EIGHT. No person(s) shall benefit hereunder unless such beneficiary j shall survive
me by sixty (60) days. i,
~~
NINE. No Executrix, Executor, or Trustee acting hereunder shall ~,e required to
post bond or enter security in this or any other jurisdiction.
TEN. No beneficiary may assign, anticipate or pledge his or her lid
income or principal held or distributable hereunder, and no beneficiary's credi~o~
attach or otherwise reach any such interest. 'i '
~'
ELEVEN. The validity and administration of any trust established het
questions or disputes relating to the construction or interpretation of any said
governed and construed in accordance with the laws of the Commonwealth of Per.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT
•est in any
may levy,
er and any
:s shall be
LANK]
Initial 4
IN WITNESS WHEREOF, I have hereunto set my hand and seal thisi ~r'~`day of
~;If~~-,,c.~~,, ~ ~ . , 2009.
C~~L a~.h~(SEAL)
LAVONNE R. PEARSON
Signed, sealed, published and declazed by the above-named person as and ~f~r a Last Will
and Testament, in our presence, who at said person's request, in said person's pres Ice and in the
presence of each other have hereunto set our names as subscribing witnesses.
5
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ACKNOWLEDGMENT AND AFFIDAVIT '
WE, LAVONNE R. PEARSON, TRACI D. SMITH and CHERYL
the testatrix and witnesses respectively, whose names are signed to the foregc
being first duly sworn, do hereby declare to the undersigned authority that the
and executed the instrument as her last will and that she had signed willing
executed it as her free and voluntary act for the purpose herein expressed, and
witnesses, in the presence and hearing of the testatrix, signed the will as a witne
best of their knowledge the testatrix was, at that time, eighteen years of age or
mind and under no constraint or undue influence.
COMMONWEALTH OF PENNSYLVANIA
~.I CLELAND,
nig instrument,
e~tatrix signed
'~, and that she
>~t each of the
and that to the
Tier, of sound
aa:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by LAVONNE R. P ~IRSON, the
testatrix herein, and subscribed and sworn to before me by TRACI D. SMITH a~i~l CHERYL
L. CLELAND, witnesses, this day of~~~hp~__. , 2009.
Notary Public
COMMONWEALTH OF PENNSYLVANIA ~yIONWEALTH OF PENNSYL ANIA
Notarial Sea': ~ir*t-~.,F ^~~i
1t81+2n S.'~IOPa; lVohdry •"Uhl+ri Kam"? , ~`. *'ubI1C
Cadieie 90!x,, Qxnberiand Count Carlisle f'~ end Cou '
My Commission Expires Dec. 8.2011 MY Comrni~,... ::.~~a~~; Cec. 8. 1 {)
Member, Pennsylvania Association of Notaries Member, Pennsylvania Association of o aries