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HomeMy WebLinkAbout01-20-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Kenneth Gordon Emig Sr also known as Kenneth G Emig COUNTY, PENNSYLVANIA File Number 21 Deceased Social Security Number 183-18-7529 Linda Louise Joslin 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 Executrix named in the last Will of the Decedent, dated p9/01/1998 and codicil(s) dated State relevant arcumstances, 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 (Ifapplicable, enter: c.t.a.; d. b.n.c.t.a.; pedente life; durance absentia; durance 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 killing; 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 C7 .::- ~ ___ : _ . __~ , ~r_, t\:; - - , ?C.~n ,_.., __, , ~ .,ti , C a -^~ .. ~., _T _ - "Z"1 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. -~ -~ -- ~-T ~ '~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal re~ence at ~.~ ["'~ e' ~ 824 Lisburn Road Cam Hill Lower Allen Cumberland PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then _$~ years of age, died on 0110612011 at 824 Lisburn Road Camp Hill PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 150,000.00 (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: 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 Linda Louise Joslin 20 Delaware Drive York Haven, PA 17370 Form RW-OY Rev. f2-26-2006 (interim form, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. Page i of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS couNTY YORK } 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 L.._ , ( ~~~ ~~ ~~ Signature of Personal Representative Linda Joslin ~J ~_ -, , --~ Signature of Personal Representative `~ -[7 -} - y r7 1 h .? C~ _j ... _ ~.l l Signature of Personal Representative : ~"'~ R~GISTE F ~N~1°I ._ ~~OUNTY ~' '.'~=, _,„ lJ ~..- __ f'T'l _~ tYlyi {.iiii`:~li`:p1~7:~1Oi~ ~.Xl,l kiwi '' -....- r,iP'~[+T ppllhlrlAV In{ IAhll I~QV 7r~'~~ ~. File Number: 21 Estate of Kenneth Gordon Emig Sr. ,Deceased AND NOW, Social Security Number: 183-18-7529 inconsideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Linda Louise Joslin in the above estate and that the instrument(s) dated 09/01 /1998 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) ..................... .. $ Renunciation(s) .......................... .. $ $ $ $ $ $ $ $ $ TOTAL ................................ ... $ Date of Death: 01/06/2011 Register of Wills i Attorney Signature: {~. '~ ~ : (' ~ f , Attorney Name: JolXn R. Elliott Supreme Court I.D. No.: X50198 Anstine Sz Sparler Address: 117 East Market Street York, PA Telephone: 717-846-8811 Form 12tN 02 Rev. 70-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 AFFIDAVIT c~ Cn ~, '.~-r~_' fi`rl _,~ -,-: ;_~. <:~~ ~~~ . - -t} ~.J _.._~ The undersigned, John R. Elliott, Esquire, hereby swears and affirms the following facts are true and correct: 1. I am the attorney for the estate of Kenneth Gordon Emig, Sr. 2. The will executed by Kenneth Gordon Emig, Sr., was created from a computer program and was improperly executed in that: ~`.7 C7 -~, a. There was only one witness to the signature at the end of the will, namely Linda G. Reidlinger. b. There was aself-proving affidavit attached to the will; however, there were two different individuals witnessed the affidavit and it was notarized by the aforementioned, Linda G. Reidlinger. 3. I have attempted to locate Linda G. Reidlinger, the only witness signatore to the will. These attempts included Internet searches for her name, phone and address which did not provide any information; telephone calls to Sovereign Bank, the successor institution to York Federal Savings & Loan where Ms. Reidlinger had previously been employed, however, that bank was unable to provide any information; a call to the Register of Wills Office of Cumberland County, who apparently had Ms. Reidlinger listed as a notary who had notarized will, but had no additional information to her; checks in the yellow, white pages and phone directories. 4. Because I have been unable to locate Ms. Reidlinger after thorough and reasonable attempts, we are requesting that this will be probated based on the oaths of two non-subscribing witnesses as per the PEF code. Jon .Elliott SWORN and subscribed to before me, the ~~ of 2011. A $plarle~r ar~~rzNFVS~~~w Otary PUB'1't'e~ del~~,~w+~i,~~~ 81= pENNSYLUgt~u NpTARIAL SEAL Lon A GrghBm, NOtary Public City of Ypr'k. Yom County My Comrrt,safon Expiros May 28, 2014 ~-~ .~ _~ ~~ ;=v ~i t •'3 U n ~? - C] - ~ - {~r'1 RENUNCIATION ~- '~' ~° REGISTER OF WILLS ~,-,~ _ + ° ° ~.~~ ~ _~ _ .- Cumberland COUNTY, PENNSYLVANIA _ -- Estate of Kenneth Gordon Emi Sr. ,Deceased I, Kenneth Gordon Em~gy Jr , in my capacity/relationship as (Print Name) Executor /son of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfull~~ request that Letters be issued to Linda Louise Joslin I~~ ~3 l ~ (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this of __ Deputy for Register of Wills Form RW-06 rev. 10.13.06 day C~,~~ (Signature) ~~3 5 ~ ~~-~tc,2oss ~ V~. (Street Addre--ss11) F1 ©~1iy4tl/~V ~~ ~ ~ v~ U (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this ~~-- day ~ofary Public -" My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.} ~~+rar~~a~~a e~ ~~~r~~rw~N~- NOTARIAL SEAL Lori A Graham: Notary Public City of York, York County My Commission Expires May 28, 2014 n _ : ~'7 LAST WILL AND TESTAMENT t ~ n ~i i-'-- KENNETH GORDON EMIG SR ~~ t L .~: _; -.- _ I, Kenneth Gordon Emig Sr, of Mechanicsburg, Pennsylvania, revoke my forme~~'ills and ' 7 ~_ Codicils and declare this to be my Last Will and Testament. - ~'' ARTICLE I PAYMENT OF DEBTS AND EXPENSES I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate. ARTICLE II DISPOSITION OF PROPERTY A. Residuary Estate. I direct that my residuary estate be distributed to my child(ren) in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other child(ren), if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased child(ren) are survived by child(ren), my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of Pennsylvania then in effect relating to the succession of separate property that is not attributable to a predeceased spouse. ARTICLE III NOMINATION OF EXECUTOR I nominate Kenneth Gordon Emig Jr., of Mt. Holly Springs, Pennsylvania, as the Executor, without bond. If such person or entity does not serve for any reason, I nominate Linda Louise Joslin, of Mechanicsburg, Pennsylvania, to be the Executor, without bond. ARTICLE IV EXECUTOR POWERS My EXECUTOR, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone. 1 of 4 Initials: ARTICLE V MISCELLANEOUS PROVISIONS A. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders and in numbers when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number. B. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person or organization shall be deemed to have survived me, unless such person or entity is also surviving on the thirtieth day after the date of my death. C. Children. The names of my children are: Linda Louise Joslin Kenneth Gordon Emig Jr. Jonathan Phillip Emig All references in this Will to "my child" or "my children" include the above child (or children) and any other children born to or adopted by me after the signing of this Wi11. IN WITNESS WHEREOF, I have subscribed my name below, this ~ day of 19y ~ Gordon Emig Sr We, the undersigned, hereby certify that the above instrument, which consists of 3 pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names and addresses as witnesses on the date shown above. Witness Signature: 4 ~~ 1 Witness Name: Witness Address: ~ S ~, r-n..~v, ~ R/v~. -~1~~ .~,~ cam. , D ~ ~ , a K 1 ~1 2 of 4 Initials: Witness Signature: Witness Name: Witness Address: 3 of 4 Initials: AFFIDAVIT STATE OF ~ w~~lf7uYt,C..~ COUNTY OF ~~ ~~~ ~ ~ ~, Before me, the undersigned, on this day personally appeared. Kenneth Gordon F.mig Sr, . and known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument. All of these persons were first duly sworn by me. Kenneth Gordon Emig Sr, the Testator, declared to me and to the witnesses, in my presence, that the foregoing instrument is the Testator's Will and that the Testator willingly signed and executed such instrument (or expressly directed another person to sign the instrument for the Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary act for the purposes expressed in the instrument. Each of the witnesses declared in the presence and hearing of the Testator that the foregoing instrument was executed and acknowledged by the Testator as the Testator's Will in their presence and that they, in the Testator's presence, hearing and sight and at the Testator's request, and in the presence of each other, did subscribe their names to the instrument as attesting witnesses on the date of the instrument. The Testator, at the time of the execution of such instrument, was of full age, of sound mind, and the witnesses were sixteen years of age or older and otherwise competent to be witnesses. ~. ~ ~ ~ ~ Ke G rdon Emig Sr, Testator ~- n ~ ,~,~,~, ~~ ,Witness Witness Subscribed, sworn to and acknowledged before me by Kenneth Gordon Emig Sr, the Testator; and subscribed and sworn before me by Jl~ t~ f~ 1 f r4 ~ ~~ fi ~,y i4~.t.~ c4 ~.'~ and S tti ~ ,~ ~ ~,~ ~ . ~ f` ~ ~,~ , ,witnesses, this ~ ~° day of ,19 Notarial Seal Linda G. Reidlinger, Notary Public Lower Allen Twp., Cumberland County ~ ~ _ ,,) My Commission Expires April 17, 2000 .~/U Notary Public, or of er officer auth ized to take and certify acknowledgements and administer oaths 4 of 4 Initials: OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS YORK COUNTY, PENNSYLVANIA Estate of File No. ~~I"~~ ~~~~IS~ ~OS~I~ and (each) being duly qualified according to law, depose(s) and say(s) that acquainted with I~ ~yl tv~~- U with the handwriting and signature of the Deceased she / he /they was /were Well- and am/are familiar and that the signature of ~P~ ~ ~~ U f v'~ ~ 7 -S~ to the foregoing instrument purporting to be the Last Will and Testament/Codicil of ,~~c~~eoi~-, G. f ~`~ tt ~vL is in his/her own proper handwriting. (Signature) I 2l~ ~~~~~wau~ ~ (Street~Address) p ~ ~ ~~ ~~ 1~~ ~~ ~ ~ ~i U L t'1 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~ ~ ~~` day of ~h,~tia ,~ G l ~ r /~,t~ ,, ' egister' f Wills ~EG~ST~ _ CJF W!!_~_S YORK COUNTY (Signature) (Street Addressf (City, State, Zip) c- ._, , ~~ : - ; , ~~ y~ -,_ ~} rn ,. ~__. ~, ;:; _-; _. -- __~ _ == ~ -.. - . _ _~ Form RW-04 rev. 10.13.06 }{~,~~T ~b~1(>~1i~AY I~ ,Sia:PJ~~ARY 2©12