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HomeMy WebLinkAbout01-14-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Marv Louise Lvnch also known as COUNTY, PENNSYLVANIA File Number 21-11 '~(.P~ ,Deceased Social Security Number 721-18-4828 Sarah M Lvnch 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 EX@CUtrIX named in the last Will of the Decedent, dated 12/0~/ A0~ and codicil(s) dated State relevant circumstances, e.g., renunciation, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: ^ B. Grant of Letters of Administration (1/applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente life; durante absentia; durante minontate) Petitioner(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 d.b.n.c.t.a., enter date of Will on Section A above and complete list of heirs); was not the victim of a killtng; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g), except as follows: Name Relationship Residence n c::~ :~ ~ .~" -~ _.,..~, (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. e.'-3C?~ i _ ^' Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal r~c~tce at c.a ~- [n za~~ r e..i~.,.~ n~l.,p Macnanicshura- Hampden. Cumberland. PA 17050 a •-- `fi ~' address, towNcity, township, county, state, Decedent, then ~L years of age, died on 12/07/2010 at Holy Spirit Hospital, Camp Hill, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) $ 20,000.00 (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: All personal property Personal property in Pennsylvania Personal property in County 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: Signature Typed or printed name and residence Sarah M. Lynch 3821 Leyland Drive ~/~~ _ _ /_ }~,~ Mechanicsburg, PA 17050 J~, `~`~' `l ' ' I 717-728-7502 Form RW-02 Rev. 12-26-2006 (interim form, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. 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 affirmedl~.an~.dt,subscribed before me this . i 1 1 y \ day of F the Register of Persona/Representativev Sarah M. Lynch Signature of Personal Representative C"je_ C~ ^T-T T'1 -.iJ ' ~ : _ ,:) ~ tom- ~.~ ......' ~'7,--, , File Number: 21-11 " (•p~ `~ _ j T ~~ Estate of Mary LOUise Lynch ,Deceased Social Security Number: 721-18-4828 ~d ,_; - .. `-~ -r, ~,~ t-, r,.~ i-~ ~~ -~ ,ff Date of Death: 12/07/2010 AND NOW, ~ ~ ~ ( r ~U ~ `I f ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Sarah M. Lynch in the above estate and that the instrument(s) dated 12/03/2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES /~,, Letters .......................................... $ ~ D ~V Short Certificate(s) ....................... $ ~• ©l1 Renunciation(s) ............................ $ i $ ~n~•DD $ ~S ~, ~D $ $ $ $ $ $ TOTAL ................................... $ ~ ©1 Attorney Signature: Attorney Name: Edward P Seeber James, Smith, Dietterick 8 Connelly, LLP Address: SUlte C-400 555 Gettysburg Pike Mechanicsburg, PA Telephone: 717-533-3280 Form RW-OY Rev. 10-13-2008 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Supreme Court I.D. No.: 76084 ~ (RF ~o„ a•-~--~-~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 17029275 Certification Number This is to certify that the information here given i° correctly copied from an original Certificate of Deati duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office for permanent filing. M.~v~.~i_7~Fe.G4~.J~e J~..'f'.~o(I ~ ~ l l U Local Registrar ~ ~~ate Issued n ~ ~. ~ ~~ r~ ~ rte- ~ ~-- _;~3 ...,.. - , .. ~ ~ W _ r- m ~ ~ ~ ~ . HiDStq REV 1laooa TYPE / PRM(r N Bw,c ~I COMMONWEALTH OF PENNSYLVANIA • DEPART1dENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Inatnutlons and eaoempbs on reverse) STAiE FILE NUMBER ,. Henr a Deoadra (Rlp, nidas, wt. saN! 2 Sr 3. Badel SWiy tinny !. Deb d DWi Marls ay, Y•r) Mary Louise Lynch Female 721 _ 18 _4828 12/7/2010 S Ap ftAr BiM,hy) tArr 1 ikrr t 8. Ore d BM 7. endatrs « de. PYr a Drw or ' tar. o.,a Ibus Hear owr 97Ya. 6/22/1913 Greensburg, PA ,,,~, ^s„Q„~,,,,,, ^~,,, ^N~..pH,,,, ^RerOne ^oe,r-spady a court a oath s: QtY, 8«0. rw. a Daen ed Fedy twos la aa:wroo, pr arts sntl nmbr) p. Wr Derde,a d IYepria adpb? (~ No ^ rr ,o. Reor Aardan bar. Bled6 wNr, at (r Yee. 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Y. N ~jZv ~~ 07' sY o - ~ a s o Pray No.1 LAST WILL AND TESTAMENT OF MARY LOUISE LYNCH I, MARY LOUISE LYNCH, having my legal residence at in Hampden Township, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. C~ :.. -c, ARTICLE ONE c _ " ~ ~ " jJ` _ f;-; ~~ -- ~:- ', ~ s=~ __ I declare that I am not married. ~ > rr, -~- ~ -~' ~' <"1 ---7 -r t ~ ~ 't`S T} ARTICLE TWO `= ` ~ , -~~; = ~'~ ==:; ., ~:~ c~ I have one child whose name is SARAH M. LYNCH. `°Y ARTICLE THREE I direct the payment from my estate of the expenses of my last illness and funeral as soon after my death as conveniently may be done. ARTICLE FOUR I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, I give all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon to my daughter, SARAH M. LYNCH, provided she survives 1 me by thirty (30) days. If SARAH M. LYNCH fails to survive me by thirty (30) days, such items shall be sold and the proceeds distributed with the residue of my estate. ARTICLE FIVE I hereby exercise my power of appointment under Article Fourth (C) of the will of my deceased spouse, Howard J. Lynch, and direct that the property held in the residuary trust established under Article Fourth of the will of Howard J. Lynch be distributed to my daughter, SARAH M. LYNCH, outright, free of trust. ARTICLE SIX I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate to my daughter, SARAH M. LYNCH, provided she survives me by thirty (30) days. If SARAH M. LYNCH fails to survive me by thirty (30) days, her share shall be distributed to those persons who would be my heirs at law had I died intestate owning such property. ARTICLE SEVEN If any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE EIGHT No beneficiary or remainderman under this Will or any codicil hereto shall have any right to alienate, encumber or hypothecate his or her interest in this Will in any manner, nor shall any 2 interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE NINE Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or IRA assets. ARTICLE TEN I appoint my daughter, SARAH M. LYNCH, as Executor of my Will. I give to my Executor, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to be exercised from time to time in the discretion of my Executor, without further order or license of the Register of Wills or of any court: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 3. To engage in litigation and compromise, arbitrate or abandon claims; 3 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To manage, control, repair and improve all real property; 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor to protect the Executor and the estate against any hazard; 9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, care, administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the estate assets; and 11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executor to 4 administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. ARTICLE ELEVEN I realize that Executors are given discretion by law to make various elections which affect the .income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. 5 ARTICLE TWELVE I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; PROVIDED, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this ~"'"-~day of C • , 2003, set my hand and seal to this my Last Will and Testament, consisting of six (6) pages. SIGNED, SEALED, PUBLISHED and DECLARED by MARY LOUISE LYNCH, the above named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Residence ©~ a ~~ ~~~/t ~ ~ (- ~ Residence ~ -ti1 Y1'1 ~ ~ 5 ~ t.~ i ~ ~~~~ ~ ~~ 6 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, MARY LOUISE LYNCH, M C~~ ~ ~ and I~ ~~ t ~C~.I'J~ (1 ga ~-~-~c, Testatrix and witnesses, respectively, whose names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. TATRIX WITNESS ~~~ ~~_~~ WITNES S ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this, nEC ~ ~ 2~~3~ ,before me a notary public, the undersigned officer, personally appeared EDWARD P. SEEBER, Supreme Court Identification Number 76084, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said Commonwealth in which execution of the will took place and certified that he was personally present when the foregoing acknowledgement and affidavit were signed by the testator and witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) .~ N TARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda L. Fettefioff, Notary Pt~lic Derry Twp., Dauphin county My Commission Expires Nov. 8, 2007 Member, Pennsylvania Association Of Notaries MEMORANDUM TO THE LAST WILL AND TESTAMENT OF MARY LOUISE LYNCH It is my desire that the items listed below be distributed in-kind to the individuals whose name or names appear opposite the items listed: DATE MARY LOUISE LYNCH