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Home My WebLink About02-25-11IN RE: ESTATE OF ELEANORE L. ANDERSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. of -~I- l~o~(o~ n REGISTER OF WILLS c t, , ~ n ~J~f"' ~: _~. z m 4'- ~~ ',t3~ t.7~~C7 ~S t_t "7 `1 ~_~ ~7 ~~ PETITION TO ADMIT PHOTO COPY OF WILL r~_, ~~-r G;i ~..,~ CJ" i ~""1 AND NOW, this day of , 2011, comes the Petitioner, Robert B. Anderson, (hereinafter "Petitioner"), of 406 Ricky Road, Mechanicsburg, Pennsylvania 17055, by and through his attorneys, Reager & Adler, PC, and respectfully avers as follows: 1. On October 16, 1985, the Last Will and Testament of Eleanore L. Anderson (the "Will") was duly executed in the law offices of Melman, Gekas, Nicholas, & Lieberman (a copy of which is attached as Exhibit "A"). 2. Eleanor L. Anderson passed on January 24, 2011 (her death certificate is attached as Exhibit "B") 3. Petitioner, after a diligent search, can not locate the original Last Will and Testament of Eleanore L. Anderson in any of Ms. Anderson's personal effects. Petitioner contacted Eleanore L. Anderson's children who were not able to produce an original will, but who all were shown a copy of the Will and believed it to be a true and correct copy of Last Will and Testament Eleanore L. Anderson's which to their knowledge an belief had not been revoked ~-, ,-~-, -, <-~ ~~ c J i- E ~c~~~ C_. .. - -...~ _..- ~~ C~J ;-n .~ 7 prior to her death. 4. Petitioner, through his attorneys, contacted the law firm of Steve C. Nicholas who was a partner at Melman, Gekas, Nicholas & Lieberman at the time of the execution of the Will and when the partnership dissolved Attorney Nicholas took the Wills. Attorney Nicholas's office reviewed their records and was unable to locate the original Will for Eleanore Anderson. 5. The Will named David J. Anderson, Jr. as Executor, but he has renounced his appointment to his brother, Robert B. Anderson who was named as the Alternate Executor (a copy of the renunciation is attached as Exhibit "C"). 5. It is the desire of the Petitioner for the Court to accept the attached copy of the Last Will and Testament of Eleanore L. Anderson for probate and to issue him Letters Testamentary. WHEREFORE, Petitioner, ROBERT B. ANDERSON., respectfully request this Honorable Court grant this Petition to Probate Will and grant any further relief this Court deems appropriate. Respectfully submitted: REAGER & ADLER, PC By: David W. Reager Attorney ID No. 20868 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Petitioner 2 VERIFICATION I, ROBERT B. ANDERSON, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: d ~ ( I O ERT B. ANDERSON EXHIBIT A LAST WILL AND TESTAMENT OF ELEANORE L. ANDBRSON I, ELEANORE L. ANDERSON, of Hampden Township, Cumberland County, Pennsylvania, declare this to be my Last Will and revoke any Will or Codicil previously made by me. ITEM I. I direct that all expenses of my last illness and funeral, including my gravemarker and perpetual care, shall be paid from my residuary estate as soon as practicable after my de- cease as a part of the expense of the administration of my estate. ITEM II. I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever juris- diction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate, without appor- tionment. ITEM III. I hereby authorize and empower my Executor, hereinafter-named, to sell all of the real property and any or all of the personal property which I may own or to which I am entitled at the time of my death, in the sole discretion of my Executor, at private or public sale, without an Order of Court, at such time or times and upon such terms as the said Executor shall deem proper for the best interests of my estate or of my beneficiaries, thereby converting the same into cash. I further authorize and empower my said Executor to execute, acknowledge and deliver all proper writ- ings and deeds of conveyance and transfer thereof. I further au- thorize and empower my said Executor to make distribution in kind of such portion of my estate as he may deem appropriate. ITEM IV. I bequeath all of my automobiles, household and personal effects, and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to such of my children as are living on the thirty-first (31st) day following my death, to be divided among them by my Ex- ecutor with due regard for their personal preference in as nearly equal .shares as practicable. ITEM V. I devise and bequeath the residue of my estate, of every nature and wherever situate, in equal shares to my chil- dren, providing that they survive me by thirty (30) days. Should any of my said children predecease me or die on or before the thirtieth (30th) day following my death, then I devise and bequeath that deceased child's aforesaid share of my estate to such of his or her issue, er stirpes, as are living on the thirty- first (31st) day following my death. Should any of my children predecease me or die on or before the thirtieth (30th) day follow- ing my death, leaving no surviving issue, then I devise and bequeath - 2 - that deceased child's said share of my estate in equal shares to my other children, subject to the terms and conditions set forth herein. ITEM VI. I appoint my son, DAVID J. ANDERSON, JR., now of Grand Rapids, Michigan, Guardian of any property which passes either under this Will or otherwise to a minor and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, provided that this appointment of a Guardian shall not supersede the right of any fiduciary in its discretion to distribute a share where possible to the minor or to another for the minor's benefit. Such Guardian shall have the power to use principal as well as income from time to time for the minor's sup- port and education (including college education, both graduate and undergraduate) after giving due consideration to all other assets and sources of income and support available, or to make payments for these purposes, without further responsibility, to the minor or to the minor's parent or to any person taking care of the minor. Should my said son fail to qualify or cease to act as Guardian, then I appoint my son, ROBERT B. ANDERSON, now of Middletown, Penn- sylvania, as Guardian pursuant to this Item VI. Wherever the word "minor" is used herein, it shall mean any person under the age of twenty-two (22) years. - 3 - ITEM VII. I appoint my son, DAVID J. ANDERSON, JR., now of Grand Rapids, Michigan, Executor of this, my Last Will. Should my said son fail, to qualify or cease to act as Executor, I appoint my son, ROBERT B. ANDERSON, now of Middletown, Pennsylvania, Executor of this, my Last Will. ITEM VIII. I direct that my Executor or Guardian, or their successors, shall not be required to give bond for the faith- ful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this I/_~ day of Q~j~ , 1985. lD ~~ ELEANORE L. ANDERSON - 4 - The preceding instrument, consisting of this and four (4) other typewritten pages, identified by the signature of the Testa- trix, ELEANORE L. ANDERSON, was on the day and date thereof signed, published and declared by ELEANORE L. ANDERSON, the Testatrix therein named, as and for her Last Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. ~~ ~ , i ~, ' of ~ - 5 - ACRNOWLEDGhBNT COMMONWEALTH OF PENNSYLVANIA : • SS. COUNTY OF DAUPHIN I, ELEANORE L. ANDERSON, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it will- ingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by ELEANORE L. ANDERSON, Testatrix, this ,(p`~' day of ~"pb,~,,,, ~ 1985. ~yG/ lta ELEANORE L. ANDERSON Notary Pu lic OAWNN E. SUNDAY, Notary Public Harrisburg. Dauphin Co. My Commission Expires Aug. 21. ]989 l - 6 - COMMONWEALTH OF PENNSYLVANIA ; SS. COUNTY OF DAUPHIN WE, CONSTANCE P. BRUNT ~ SHIRLEY I. SLOUGH and KATHY WOLLWEBER witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix, sign and execute the instrument as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a wit- ness; and that to the best of our knowledge, the Testatrix was at that time 18 or more years of age, of sound mind and under no con- straint or undue influence. Sworn to or affirmed and subscribed before me by the undersigned witnesses, this /~f~.. day of ~~r~~ , 1985. . ,~ W1 tness A 1 t i Witness Witness otary Pu lie DAWNN E. SUNbAY, h~otary Public Jierrisbura. Dau{~hir: gip. My Commission expires Auy. ct, 19g$ - 7 - EXHIBIT B H105.805 RPV (01/07) B 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 17242431 Certification Number ~iU NEY tli2ooe PE Pnwr r ~EnelanEnT suck wlc This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will he forwarded to the State Vital Records O i ~ ~ ~r manent filing. (~ Local Registrar Date [sued COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (Sae Inshuctlons and asumolaa on rewerael i. wan a Darraaa IF+a, na0la. wI. waq z. Sr 7. saw Saway Nuina ". Dab a Dwn (YaiQ aar. Yral Eleanore L. Anderson - - ~ S. Aqa UaM ai^aaYl Unrr 1 UMr 1 6. Dale d Bin wnn, 7. ~ aq aw a r. Pnoa a Dun iC1np an Yana aNa Mpn WWa lbapw: pow: YR. Februar 14 1932 Pittsbur h PA ^" ^En~oawpn ^Da ®wwgwn ^Muanca ^on,,.s,.aq. m. cants a Dun ec c"r. Bao. raa a own ea Faany rrw IB m nabem, qFw w•at ana iannarl s wn Dawawa a rbpmc aya, ®w ^ rw Io Mw: rt^wu• aatn, sa wnr. ac Cumberland Ham den. 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Tms a xyury 721. lnw.y m Won? 721 q TrsrPauea, pMay lSParhl 72g taaoan d aaay ISbeeL mY! pre, Wnr ^Suar ^Car?laaDwmsrrl M ^ ~ ^ OnwlOpaaa ^ Pawengsr ^ Peaawien ^Yu Onr ~ SpaAy: 7L-cMwa Wnm aYP m•1 330.SgWaa aMTWa a • ~1PM"lanl lPlwnaan aiaraq waaaun.in gnaw pryran aae pronwsew assn area mmerra Hem 271 ~ / 1 - ~~ Uwerawra..byr,rnoonnwawba.e«rygww.rwr.rr+---------------------------------^ ~ ~ I M^wwaM•w ~MB801~n^IF^Pson OOn pionanaq awn entl aaWyapnraiwdaesnl - ~'~ 77a. Dan IMa!„i, .Mnr • TYNka twlaYr~Cwew Bssa ea+eweaew Yae, aele,sw ynr, ane OrbbereMp nle ar•rraa.a.,___________ ~ ~ J,~~ ~21 // awrwa..w~raa.a~anww~a+oa,ww.wanawwa~aaalr..aw,.rvw..awaabwawly.rarara.anaL ^ >,.wn.aneamwa n Canpaw~a.a088nlaae27)r?p.lPm N ~~ 7s . am wanes 7a ° d s ~ v , ` ~ j L I L I Z 12 I :~ I "' ~. . rrn ~, j r J ~ i J- , 4 Y ~ ~ fir/. , 1 0605259 Onow.aa Fnrma Ma f :4 EXHIBIT C RENUNCIATION REGISTER OF WILLS CUflBERLAND COUNTY, PENNSYLVANIA I;State of ELEANORE L • ANDERSON ,Deceased I, DAVID d . ANDERSON, dR • , in my capacity/relatian5hip as (Print Nmn¢) F x E C u TOR f C N of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Z~y~/1( (Dau) Executed itr Register's 4ffcce Swarn to ar affirmed and subscribed before me this day of , /~%~ti,",~ / 1 v (Sigrrah/reJ (Street ~daGessl (Cit}; State, Zip) Executed out of Register's ace Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renu on for the purpos rated within on thi~s~~ day of ~~ru ~ ~ ~ ~ r l , :j~/+'~,%~~ Deputy for Register of Wills N Public ~ ' My Commission Expires: (Signafura and Seal of Notary or other a~cial qualified to administer oaths. Show date of expiration oClVowry's Commission.) COMMONWEALTH_OF PENNSYLVANIA Form RW-06 rev. 10.13.06 Noiiarial Seal ~ Deborah L Brenneman, Notary Publk Camp Hfll Boro, Cumberland County My Commission Expires June 18, 2014 Member, PenrsvNania Assodation of Notaries