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HomeMy WebLinkAbout01-19-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WII,LS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of J 1a ~1' ~-~1_ C ~ ~~ ~1 ~ ~ ,Deceased a/k/a: a/k/a: a/k/a: SS ESTATE NO: 21- V I'' (jb g3 -T -~~ 1~3~ Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' o~ `T$' AND "C" as a placable: ~A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (c »r!plete Part C also) and aver that Petitioner(s) is/aze entitled to the aforemen Toned Letters Tc S n1 r under the last Will of the above-named Decedent, dated ~? and codicil(s) date (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 tt execution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated n, and ~Ia not a party to a peed divorce proceeding t the time of death wherein grounds for divorce had been 'bushed t®letined 23 Pa. C.S.A. § 33230: 1q - ~c O B. Grant of Letters of Administration enter d.b.n., pendent life, donate absentia, C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survive following spouse (if any) and heirs (If Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a p prooeedhtg wherein gronnda for divorce bad been established as providtd in 23 Pa. C.S.A. § 332 USE ADDITIONAL SHEETS IF THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, At 15 Co ra./ ~r~uzr ~ ~'' r/. ~/~. , A, -~ complefrl. ist o~~ m a pend~ direr ',except as follows:_ hislher last fall~,il~o~ principal >~i Two . ~ FY.r~Gn d (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 7 oL years of age, died J ~ JI ~l 1 at C _'~i ~ /~ ~ (Month, Day, Year of death) (City and State where death ~~ 70~'~ Estimated value of decedent's property at death: _If domiciled in PA All personal property S O ~O _If not domiciled in PA Personal property in Pennsylvania S _If not domiciled in PA Personal property in County ~ _Value of Real Estate in Pennsylvania ~ Total Estimated Value S oZ D d O O o.oo Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signature(s) Name(s) & Mailing Address(es) ~Q /1 1 GL. i YN ~ 11 Go ra../ ,<7 r . r / !~ 1 ~ !a-c~~ s ''3 Intenm Fonn RW-02 revised 12.26.10 by Cumberland County paling action by the Court Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania SS County of Cumberland The Petitioner(s) herein named swear or affirm 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 repr se~tative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed a re me this O~ day of e~.., ~~ ~ -.~ ~ ~n c~. ; ! rV ~. ~~~ r..._ r~.r; ~r~ For the Register ~ cn ~ ~-`_' ~' DECREE OF PROBATE AND GRANT OF LETTE Estate of 1 ~ ~LLP/ ,Deceased File Number: 21- ;Z.O l 1 AND NOW, this ~~day of . Zp in consider. the reverse side hereon, satisfactory pro having be presented before me, IT IS DI Testamentary _ of Administration are hereby n ~ LJ~ A J~ (If applkable~ater e.t.a., d.b.ay~l.b.o.cf.~, etc.) tI~ above estate and that instruments(s) dated ~Q a 9~ ~ U described admitted to probate and filed of record as the last ill and Codicil(s) of Decedent. Glenda Farner Strasbaugh, Register of Wills FEES: Letters ....................$ Will ...................... Codicil(s) ................. ( )Short Certificates ( )Renunciations....... Bond ............................ Other ............................ ................................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................ $ ~ =:_~ i' ~ r-- ~ `" ~ _, _ srr, 1 df the Petition on END that Letters rt~d to: in e petition be +~- ` Signature of Counsel Required to E~tq'r Appearance Atty's Signature PRINTED Name: Supreme Court ID No.: Address: Phone: Fax: Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court li Page 2 of 2 _ _ _ __ ~ enc.. ,,Q'f LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph; Fee for this certificate, $6.00 ,~ iN""'----- This is to certify that the information here given is ~ttd~Ep~TH OF pEryy_ _ correctly copied from an original Certificate of Death ~~`~~ = 'fir=? duly filed with gne as Local Registraz. The original ~ =- 9~ certificate will 'Ibe forwarded to the State Vital _F ~ ~ at Records Of or rmanent filing. nTt *'p / f P 17027866 ~~~~49jMfN oE~~a`?~~ I Certification Number '~"T"jP~ Local Registrar ', Date Issued'. t_. m ~ ~} f7 .~ fir'? =~? ~. _ ~ C__- r t -i , '-1 c}`Y3S. ~~.~ ~ 11Q~{ cOMMONWEAL7M OF PENNSYLVAenAA • OEPARTIAEItT OF HEALTH • VRAL RECORDS ~© ~ _ -~-.~ CEA7IFIGATE OF DEATH m ~=_ i~=) (Saa IIHb11CaOlla and axanlpNa 011 TaYafaa) ar~rE srt NiiilaBa~ ~ .. r-n i. Nw tl Oararr 1Fnt nasa, rr. WI 2 Sr 3 8outl 8aori NmOar l df. lrn ~. - 11 1 3. A11 M1aMBYOiaMf 1Mtlr t 11tl1r 1 t Dw tl trr T: sr trttl It fbr d aaal ~• aw ~«~• ~•• Deceni~ex 8, 1938 Harrisburg, PA ~ ora~ 72 ^r iG 1 ^oar ®M+ ^ + c Nr^. nnetrw ^c1w•910a1 w lrw FA ui r ~y i atCar,dBrar eeCa,.Born.T•p_dDWr tafr>1wWmaplrliwfatirttlaraaeet0 4WrOw4adirireOignt Na f0.11aocMrfr•rMtBWO.Mi.10: ~ ~ ~ a lsioial~- Nnberlacd N. Mid[lletan 1rs +n Powfl ir•.at.) 15 Coral Dr. 1 ! it.Draatr't U•W avert oor moq tl. - w. 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C'/`~b • 1'~ 1 rl l ~ ~~,~3 . . / , I ~z. ~. ~ ~. 10271-1-5/Will/HDR/tmc 6!24/09 10:03 AM ~ _ __ 2~ /1-~ 8'3 LAST WILL AND TESTAMENT OF JUDITH E. POGUE I, JUDITH E. POGUE, presently of Cumberland County, Pennsy be my Last Will and Testament hereby revoking all Wills and Codicils prE MARITAL STATUS I declare that I am a widow. CHILDREN I have three (3) children, now living, whose names and dates of birth are JANICE A. MONISMITH born November 11, 1963 KRISTIN A. BROWN born March 25, 1965 DAVID J. POGUE born September 1, 1967 All references in this Will to my children include only the children named PERSONAL PROPERTY ARTICLE I I give all of my household furnishings and tangible personal property to z be divided among them as they are able to agree. If they are unable to agree, then ~..~ ~, ~q,~ ~? ' ~ ~ '; C7 z^'~"J ;' ~- ° `~ T ' declare thi~o y made by me. as!follows: iy children to I diirect my Co- T- . ' r Executors to sell all of my household furnishings and tangible personal property a~d add the proceeds to my residuary estate. ~, If, however, I leave a memorandum setting forth directions as to the dis 'bu~tion of certain items, I direct that my Co-Executors take into account any such directio s aGnd make every effort to distribute such property in kind consistent therewith. ~~ I II RESIDUE I ARTICLE II I direct that the rest, residue and remainder of my estate be divided and d~stiributed as follows: A. One third (1/3) to my daughter, JANICE A. MONISMI~'Hb presently of Cazlisle, Pennsylvania. If my daughter, JANICE A. MONISMITH, fans do survive me, then I duect that her one third (1/3) shaze of my residuary estate shall be ~i$ her son, CODY WOOLLETT, presently of New Kingstown, Pennsyly is B. One third (1/3) to my daughter, KRISTIN A. BROWN, ref Cazlisle, Pennsylvania. If my daughter, KRISTIN A. BROWN, fails to u$ I direct that her one third (1/3) shaze of my residuary estate shall be distr~buh daughter, EMILY A. BROWN, presently of Middletown, Pennsylvania. C. One third (1/3) to my son, DAVID J. POGUE, presently ~f Mechanicsburg, Pennsylvania. If my son, DAVID J. POGUE, fails to s I direct that his one third (1/3) shaze of my residuary estate shall be distrib~teM Page 2 of 9 Pages buted to fitly of ve me, then 1 to her me, then I to my daughter, JANICE A. MONISMITH, and my daughter, KRISTIN A. I equal shares. CO-EXECUTORS ARTICLE III in A. Apaointment. I appoint my daughter, JANICE A. MO I~MITH, and my son, DAVID J. POGUE, to act jointly as the Co-Executors of this illl. In the event of the death, resignation, renunciation or inability to act of JANICE A. ONISMITH or DAVID J. POGUE in that capacity, then I appoint my daughter, STIN A. BROWN, as the Co-Executor of this Will to serve in his or her place an stead. B. Bond. No bond or other security shall be required of any CQ-Executor appointed in this Will. C. Comaensation. The Co-Executors shall receive reasona le'compensation for their services performed as determined by the Court in which this Wi 1 i~ admitted to probate. CO-EXECUTOR POWERS ARTICLE IV I give my Co-Executors in addition to and not in limitation of the powers I vin by law or by other provisions of this Will, the following powers with respect to settlement off my estate, to be Page 3 of 9 Pages exercised from time to time in the discretion of my Co-Executors without further the Register of Wills or of any court: A. Investments. To retain any property, pending distribute invest in or purchase any property without restriction to legal investments compromise claims, and to sell any property at public or private sale; B. Securities. To hold shares of stock or other secure registration form, including that of a clearing corporation or depository, form or unregistered or in such other form as will pass by delivery; C. Li ' ation. To engage in litigation and compromise, claims; D. Distributions. To make distributions in cash or in kind at partly in each, allocating specific assets to particular distributees on a non-~ for such purposes to make reasonable determinations of current values; E. Tax Returns. To make elections, decisions, concessions connection with all income, estate, inheritance, gift or other tax returns z such taxes, without obligation to adjust the distributive share of income person affected thereby; F. Loans. To pay off any loans I may have taken against a policies owned by me that remain unpaid at the time of my death; or license of hereunder, to fiduciaries, to tips in nominee or in book entry or abandon values, or rata basis, and settlements in the payment of principal of any life insurance Page 4 of 9 Pages r' G. Borrowing and Encumbering. To borrow money including any fiduciary acting hereunder, and to mortgage or pledge a ProPertY~ H. Prouerty Management. To manage, control, repair anc and personal property; I. Insurance. To procure and carry at the expense of the e the kinds, forms and amounts deemed advisable by the Co-Executors to and the Co-Executors against any hazard; any person real or personal ir~iprove all real insurance of the estate J. Employment of Attorneys. Advisors and Other Agents '~o employ any attorney, investment adviser, accountant, broker, tax specialist or any o er! agent deemed necessary in the discretion of the Co-Executors; and to pay from the estate reasonable compensation for all services performed by any of them; i K. Business Operation. To conduct alone or with others any u$iness in which I am engaged or in which I have an interest at my death, with all the po er5 of any owner with respect thereto, including the power to delegate discretionary duties t dthers, to invest other property held hereunder in such business and to organize a partners 'pl or corporation to carry on such business; L. General. To do all the acts, to take all the proceedings, the rights, powers and privileges which an absolute owner of the prc subject always to the discharge of their fiduciary obligations. The enu powers in this Will shall not limit the general or implied powers of the I to exercise all would have, lion of certain The Page 5 of 9 Pages Co-Executors shall have all additional powers that may now or hereafter conferred on the Co-Executors by law or that may be necessary to enable the Co-Executors to administer the provisions of this Will, subject to any limitations specified in this Will. NO ALIENATION ARTICLE V No interest of any beneficiary under this Will or any codicil hereto shall 1 anticipation or voluntary or involuntary alienation. NO CONTEST ARTICLE VI If any beneficiary or remainderman under this Will in any manner, direr contests or attacks this Will or any of its provisions, any share or interest in my that contesting beneficiary or remainderman under this Will is revoked and sha in the same manner provided herein as if that contesting beneficiary or remaind predeceased me without issue. ~e subject to y nor indirectly, state given to be disposed of ~rnan had Page 6 of 9 Pages LEGALITY OF ARTICLES ARTICLE VII If any provision of this Will or of any codicil thereto is held to be illegal, it is my intention that all of the remaining provisions thereof shall operative and effective so far as it is possible and reasonable. TAXES ARTICLE VIII All estate, inheritance and succession taxes, together with any interest thereon, payable as a result of my death and imposed with respect to any prof not disposed of by this Will, shall be paid out of the residue of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal and c. Last Will and Testament, consisting of nine (9) typewritten pages, including this clause, to be executed, declared and published this ~ (~ day of _~~G,/~'r-t 2009, at River Chase Office Center, 4431 North Front Street, Harrisburg, Penns} :cep ITH E. POGO ve, invalid or to be fully d penalties y, whether or ~u~ed this my attestation vania. Page 7 of 9 Pages Signed, sealed, published and declazed by the above Testatrix, as and for her Last Will, in the presence of us and in her presence and in the presence of each other, have here witnesses thereto the day and yeaz last above written. Residing at Tung m. C Residing at Residing at Page 8 of 9 Pages _ _~ named JUDITH E. each of us, who, at unto subscribed our O PQGUE, er'~ request and ames as ,~~-111 a3"l3 Gin 11103 a5~ ~P~ ~-~e. I~Ol.rl CC~o le-r ~'A / 7lcd~2. I ~~ i ~~ ~O .' ~` COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN We, JUDITH E. POGUE, the Testatrix, and ~~ ~. ~~ and ~ ,the witnesses, wha signed to the attached or foregoing instrument, being first duly sworn, do herel undersigned authority that the Testatrix signed and executed the instrument as the Testatrix signed willingly and executed it as her free and voluntary act for therein expressed; that each subscribing witness in the hearing and sight of the the Will as a witness and that to the best of his or her knowledge the Testatrix eighteen (18) years of age or older, of sound mind and under no constraint or i; Witness Subscribed, sworn to and acknowledged before me by JUDITH.] Testatrix, and subscribed and sworn to before me by and lima IrY1. C~a~cL~' ~, b`~ day of ~U r1 Qi , 2~J9• ~.. Notary P lic My Commission Expires: names are df~clare to the r 'Last Will; that h purposes estatrix signed v at that time n ut influence. .I the ~ivitnesses, this C. F Page 9 of 9 Pages ~ Member, Pennsyly~ seal s, Notary Public Dauphin !+ Mes Juy 2S, 2009 seociation of Notaries