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HomeMy WebLinkAbout01-26-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of BETTY M. NICHOLSON a/k/a: a/k/a: a/k/a: Deceased ESTATE NO: 21- -' U I 1 ~1 SS NO: 055-20-7467 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: O A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters TESTAMENTARY under the last Will of the above-named Decedent, dated 12/22/2010 and codicil(s) dated (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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(g): N/A ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. 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 in Section A and complete lift, cif heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party ~'a ending l'vorce ~ roceedin wherein rounds for divorce had been established as rovided in 23 Pa. C.S.A. 3323 eit as follows: =~~ ~-i' -i m~. Name Address Relutio o De nt _..~ .~~ .~:~'. --rti F "" 1"?"~ ~:.~ G "~.'# USE ADDITIONAL SHEETS IF NECESSARY THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At _5327 COBBLESTONE DRIVE, LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 82 years of age, died 1/10/2011 at MECHANICSBURG, PENNSYLVANIA (Month, Day, Yeaz of death) (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property $ 200,000.00 If not domiciled in PA Personal property in Pennsylvania $ If not domiciled in PA Personal property in County $ Value of Real Estate in Pennsylvania $ 100,000.00 Total Estimated Value $ 300,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 5327 COBBLESTONE DR., MECHANICSBURG, PA Signature(s) Name(s) & Mailing Address(es) JUDITH A BEICHLER 2033 HARVEST DR MECHANICSBURG PA RUTH E MORRIS 2247 CANTERBURY DR MECHANICSBURG PA tnrerim Fnrm RW-0?_ revised 1226.10 by Cumberland County nendine action by the Court Page 1 oft 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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed b fore me this (.~ day of ~,~~. :, _- -- For the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of BETTY M. NICHOLSON ,Deceased File Number: 21- Q ~ ~ - ~ `-( AND NOW, this ,~ 7 day of ~~,~^LLJ` Q r" __ a t ~ , in consideration of the Petition on the reverse side hereon, satisfactory proof having be presented before me, IT IS DECREED that Letters x Testamentary of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) JUDITH A. BEICHLER AND RUTH E. MORRIS in the above estate and that instruments(s) dated 12/22/2010 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. lenda Farner Strasbaugh, ~ ~~ f ~ ~ ~ ~ ~~ U,~ . ~ ~~ C,1~1 ~~ tw Register of Wills FEES: Signature of Counsel Req ' d to E Appearance Letters ................. .$ 310.00 Will ....................... 15.00 Atty's Signa ~ Codicil(s) .............. . (3 )Short Certificates 12.00 PRINTED Name: ARCUS A. McKNIGH III ( )Renunciations....... Bond ............................ Other ............................. ............................ . Address: 60 WEST POMFRET STREET . ... """""""""""""""" CARLISLE, PA 17013 Automation FEE......... 5.00 JCS FEE ................... 23.50 Phone: 717 249-2353 Fax: 717 249-6354 TOTAL ................$ 365.50 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $h.OU r 170~~~~~ Certification Number This is to certify that the information here given is correctly copied from tl.n original Certificate of Death duly Filed v~~ith me as Local Registrar. The original certificate will be l~(,trwarded to the State Vital Records Office for perman nt filing. I Local Registrar ~ ~ •~-°~~ Date. [sued Q ~.".~ ~~ ::~ ~;. -, .~; ~ x ~ t_. t`.a - ) .:.._ ~ ., -- ~i'",a ._... .~.:(..~ ~. ~µ'J .,._.,.{ ~... ~ i~`I 'Ti C..=. Ht0y743 REY 11/t006 TYPE !PE PAIN BLACK INK `~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Instrutaons and examples on reverse) STaTF FII F nrtIMRFR 1. Name d (First middle ksL sulfa) 2 Sex 3. Serial Security Number 4. Desk d Death (Month, day, year) Age (Last BiNMay) 5 Under t dv B. Deb d BiMr Madh 7. ant stets ar 8a. Plea d Oeelh Ct+adc one . Macro DeYe Hays IAkeses Hospital: OIMr Yrs. ! Z ~3 St~mok~n PA D lnpaeent D t_R ! ar~atkrr D DOA ^ Nunerp rlane CS Harderroe ^ txrer • spay: " 8b. County d DaM 8e. Ciy, Boro, Twp. d Death 8d. Fadiy Noma Qt not k>sKMAon, give atreal and number) 9. Wa Decedent d Origin? ~ ^ Yes 10. Race: Americsn keen, Blade, White, etc. • M yes. spedly Cuban, P~ Rte "~'"~" °~ ) (Speo-1'• ~ Cumberland Uppex Allen • 2033 Harvest Drive , ~ ~ ~ 71. Deoedsnra Usual dwakdarw rtnstd Nk. Do not stab ' 12. Was Deeded ever n the 73. Decedent's £duaKm (Spsdy only tiryfreat grade rArnp etedl 14. Mantel Skar: Married. Nswr Married, Di d s ~ w d ~ 75. SryvNrq Spe w (K wMa, give maiden rams) Knd d Work Knd d Busirrae/krdaby U.S. Arced Faros? Elertrentary / SemrMary (0.72) CoAege (1-4 a 5+) wree / O YI ' 011' • Church ^ Ya ®Na Widowed 6. oeadenCa Mar7rtp Address (SbeM, dy f tam, slate, zlp cadet 'a Did Dew"` i.,ower Allen ~3'lvania Lim in a 7 7c Twp Deadens Lived h ~ Yaa Penn 'd s ' R 5327 Cobblestone Drive . _ . , - °a ~,~° "a. ~'° "~'~ Cumberland Tempo 17d. ^ Lived witNn • Mechanic PA 17055 Aau~ d Qy/Born 1b~Caint'r 18. Father's Name (Prat nrirlde, last, sulfa) 19. MoKra's Name (Peal middle, maiden sumen>e) Doroth 2tk. IrramanCs Noma (TYPe !Print) 20b. lrrorrrwrrs Marling Adbsss (Street atY / torrrti sas, nP code) 2033 Harvest Drive Mechanics PA 17 21a Mood d DkpoaKon r ^ Craadon ^ Donatlon 21D. Desk d Dkposila (Month. day, year) 21c. Phoe d Dfepailbn (Nrna d arnasery. arenatary a atMr plea) 21d. t.ocaKon (Qty Mown. slats, aP coda) • ~ ~'' ^ l ``~" ~°" ' w Maw E,~r; ~., ~,,,,,," "°''~ ^ Yesp rb ^ otne • ' M Jan. 15 ~ 2011 Mechanicsburg Cemetery Mechanicsburg ~ PA zza. ,,tale.. ( as sad,) 22b. Liana. Number 22c. Nra and Address d Fadiry 8 Market Plaza Way - - L` • FD-138630 Mal zzi F<uzeral ComPkb 23ac aNy wtrn crYying 23a To Kw bat d my knowkdgs, death oaurred ffi the tune, der ant plea staled ISIWbro and duel 23b. Lioerw NurMar 2x. Dab '" ud (MaMr, dsy, year) not avaikbk at thre d aeelh u ~ ~ ~ ~ ~ "~ ~ ~'-.~^! ~ r ~ ~~ cahay tatrra d deeKr. ) ~ , T CJ.~C~`.~.C~.`(- ~ Q 1 - ~, '~ ~ 1 \ :./;J G ;,J O.: ~l`~?v • Kerrra 24.28 mwt ba canpkbd by foram 24. Tma d Death ' 25. Desk Deed lMotih, dory, yar) \ 28. Was Cw Referred b Marled Exardrru ! Caronar Reason Otlwr ar Dawlbn? ^ ~ who lMOraryroa dale. ~ ~ v ~ M. \ G'~~l.C\~- \\ ~a \~ Ya ~ No CAUSE OF DEATH (Saw Mwtruedorr aunt raxampba) ~ r APD~k irrarvd: ns such a ceraiec areal set b Death krd e O dh DO NOT te k l 6 l d d d Part II: Error other ' n the underyin arMe iven n Part I but not rauNr ?S. Did Tobacco Use Corrr6rde b DeWr? Y ^ P h b en rrrr ve n . r ~ cdias - the nd y cMree w e Kam 2T. Psn I: Enkr ttr - daeesa, ryryiea, or aonp rapirsbry anal a verrriadar I~abon widbul ahowirp tlx e8obgy. Ust arty one arras m eacfi Ins. , g g . g ro y a a No ^ lJrrubwn MaIEDIATE CAUSE (FYrd diwae or ~' nr r oardnar reerAlkg in deadrt _~ a '~ A . ~~,. +~ : "~ YG. •'tA~• L ~'l, na~'/'c S . {'t" [VY~OYtt:+~'"7 T ~~/ " 29. F ok: K lbi t _ . qrT• p (or ~a arwpbrws r - ~ ~ j,~ ~l o ~r ~r-L~ r.... ~ ~~yS A 1? b S - r / r 5 oY~, • - WaOw w n Pes Yer ^ x d ^ « . I ia~,b a aaa KaMd a line a. ~-^-~ • Error uNDEl~rwc crrlsE « kr~r ~ lh• t y~.~/J ~Ti-"~ ~. I, ~GL ~/ ; l 5 ~/Y 7 ~ f . , W Lt^~ r • U 5J ~- p~l w oreo,rn wKn„~ 4z days Nd ^ N b r t 13 d r t b , r T . 7 • ) Dus b (or a a aft: Ij i -- 1 o praprr , u preg wn ays yar Dsf«e deMh • d ~ - ^ Udarown K prsgrwrt wiKYn tlrs pat yea . 30a. Was an Aubpey 3tlb. Were Autopsy F'ar6nga Maryrr d Oedh 328. Date d lrrh-Y (Mgah, day, year) 32b. Daaibe How Injury Ocamod 32c. 0 ~ B~ ~)Saat Factory, Performed? Avaible Prbr b Campktia d Cause d DsaK<? oral D Homicide 1c,/' ^ Y ^ ^ ^ Aoddent ^ Perrdir9 lrmtistipadon 32d. Tme d kywy 32e, krjuy d Work? 321. K Trenepodatitn kyury (SP•r'fA'1 329. t.ocadon d ~Y (SOroet dtY ! bvm, stab) a La,Nt ( _ Yes No D Suidds ^ Could Nd be Desemrred M ^ Ya ^ ~ ^ lk7verlOpxator ^ Paseargsr ^ Pedanian . ~ - may, 33a. Certflu (dreck any one) 33b. and Tide ~ C` ~ f • rq PhY~rn (PhYacrn addyxp ace d death wtren anotlrer physicrarr bas pronounced daaKr and oomPblerl Ikrrr 231 tlw bNt d m browNd e b tlw auee(el and marrrw r sbMad T d atl d d / C oGr,'~ y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - p , y r otarne w o e 33c. 33d. Signed (Mach, day. yeM • PronouneYq and arlNyarq pbyekkn IPMa~ tram Pranarwing dsdh and arryirrp b arra d death) rnahMd ^ h d k dd M . - ------------------ oe,an wbt mrrr p aarra(afa Tothelwtofmybawkdge,deeshooewreddthetlms,dMa.en ~ ' L _ . ~ /( .) ( • Madlcd EaarnYwr/Cororrw On tfr bank d eaanrrWlon ant / or lmeatgadora in ey oplMOn, death ooeuned et tlfe tkrr, dab, and pba, and due b tlr tauee(q arrd rrrmrr a stabd. ^ 34. Noma tAnd Address d Person r ~ I[8C9y ~:.''rlfi'., $:1;12 9 27} Types / Prkr ~ 01 >j t yvr ~Y`s ~ !•'4-C.. ~. and oistid . .~ ~ ~ ~ J I ~ I ~ ' ~I Dar day yM f.. ~ '~ r ~~ Mdchart~•sl:::ry, i'A 97055 "ti3ti" '~ '~ ~ - 11 ~ ' 71 i :i91- i461 Olapoaioon Permit No. n ~ 97988 - ---- .. _ 1 J ~ :: 'n ;, r~ ~ .. ...~ ..,.,.~ i.~P ~ ^.~ .... i..,~;__,~._.1.~ i I, BETTY M. NICHOLSON, of Lower Allen Township, Cumberla~dy,=CountyFa ~, ~.~`' Pennsylvania, declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Co-Executors to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this will, shall be paid by the Co-Executors of my estate. TWO. My Co-Executors may, at their discretion, compromise claims, borrow money, retain property for such length of time as they may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as they may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Co-Executors to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Co-Executors are authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Co-Executors. `~`t3l THREE. I specifically give, devise and bequeath the sum of Twelve Thousand and no/100 ($12,000.00) Dollars to my son, JOHN A. NICHOLSON, provided that the following conditions of this specific bequest are met: A. That JOHN A. NICHOLSON does not contest the provisions of this Will for any reason and releases my estate and my Co-Executors upon receipt of the sum of Twelve Thousand and no/100 ($12,000.00) Dollars. B. That at the time of my death JOHN A. NICHOLSON is not seeking a hearing before a Cumberland County Judge regarding the custody of STEPHANIE L. NICHOLSON. If at my death a custody hearing is already scheduled before a Cumberland County Judge, this condition will be met if he cancels it within thirty (30) days of my death. I do not wish my granddaughter to undergo custody litigation which is funded by this specific bequest. If these conditions are not met this bequest will lapse and be used for estate administration expenses, legal fees, or payment of any inheritance tax due the Commonwealth of Pennsylvania. FOUR. I give all the rest, residue, and remainder of my estate of every nature and wherever situate as follows: A. JUDITH A. BEICHLER .....................................25% B. MARK J. NICHOLSON .....................................25% C. RUTH E. MORRIS ..............................................25% D. STEPHANIE L. NICHOLSON ..........................25% ** **In Trust to Marcus A. McKnight III and Ruth E. Morris as Co-Trustees as set forth in Paragraph Five less the sum of $12,000.00 bequeathed to my son, JOHN A. NICHOLSON, the father of STEPHANIE L. NICHOLSON, whether the bequest to him is in effect or used by my estate if he fails to meet the conditions of this bequest. 2 FIVE. If my granddaughter, STEPHANIE L. NICHOLSON, has not yet attained the age of Twenty-Three (23) years of age at the time of my death, then I give, devise, and bequeath 25% of my estate less the sum of Twelve Thousand and no/100 ($12,000.00) Dollars in TRUST to RUTH E. MORRIS and MARCUS A. McKNIGHT, III as CO-TRUSTEES for the benefit of my granddaughter, STEPHANIE L. NICHOLSON, who has not yet attained the age of Twenty-Three (23) years subject to the following provisions. A. This TRUST will be for the sole benefit of my granddaughter, STEPHANIE L. NICHOLSON as provided herein. B. The net income of the Trust shall be applied at the sole and absolute discretion of the Co-Trustees to the support, maintenance, education and general welfare of my granddaughter, STEPHANIE L. NICHOLSON, in such manner as the Co- Trustees deem proper, without regard to any other funds which may be available for the Trust purposes, or may be accumulated in Trust. C. I further authorize the Co-Trustees, to apply not only the income, but also so much of the principal as the Co-Trustees deem necessary, in, for, or toward the maintenance, support, education and general welfare of my granddaughter, STEPHANIE L. NICHOLSON, in such manner as they shall deem proper. When my granddaughter, STEPHANIE L. NICHOLSON, attains the age of Twenty-Three (23) years, the Co- Trustees will distribute to said child the balance of principal and accumulated income contained in said Trust. 3 D. The Co-Trustees shall have the following powers, in addition to those vested in them by law, for my property held for the benefit of my granddaughter, STEPHANIE L. NICHOLSON, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of this Trust; the Co-Trustees, at their discretion, may compromise claims, borrow money, or retain property for such length of time as they may deem proper, sell, lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant options of all or any portion of Trust property for such prices, on such terms in public or private transactions as they may deem proper; and invest Trust property and income without restriction to legal investments. SIX. I nominate and appoint JUDITH A. BEICHLER and RUTH E. MORRIS to be the Co-Executors of this my Last Will and Testament. If they are unable to serve, I nominate and appoint MARCUS A. McKNIGHT, III to serve as Executor in their place. SEVEN. No person(s) shall benefit hereunder unless such beneficiary shall survive me by thirty (30) days. EIGHT. No Co-Executor or Co-Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. NINE. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of December 2010. (SEAL) BETT M. NICHOLSON Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. ~y /X X~~l.,,G . ~'f ~J ~ 5 ACKNOWLEDGMENT AND AFFIDAVIT WE, BETTY M. NICHOLSON, SHARON L. SCHWALM, and TRACI D. SMITH, the testatrix and witnesses respectively, whose names are signed to the 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 herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. BETTY . NICHOLSON ,?YlTIa~1 SHARON L. SCHWALM TRACI D. SMITH COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by BETTY M. NICHOLSON, the testator herein, and subscribed and sworn to before me by SHARON L. SCHWALM and TRACI D. SMITH, witnesses, this 22nd day of December 2010. ~,, _ ~ .9 _,. /~ ~,... COMMONWEALTH OF PENNSYLVANIA a Pu lic Notarial Seal Martha L. Noel, Notary Public ,~ Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2011 Member, Pennsylvania Assflciation of Notaries