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HomeMy WebLinkAbout03-02-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Mary A Holtry a/k/a: a/k/a: a/k/a: 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 e.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 8/23/1983 and codicil(s) dated Ross H. Holtry, Spouse and Executor of Mary A. Holtry died on March 9, 2009 (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(8): None ^ 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 e.t.a. or d.b.n.c.t.a., enter date of Will in Section A 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(8), e~ept as follovrsz ,--- --w Name 4ddress Deceased ESTATE NO: 21- ~ d ~ ~ - ~ SS NO: 203-10-7309 ~: ,~~~ -' U~ _ _. .~ £~ .~ ~ -. ll,M: AUDI"1'IUNAI, SNEt!;'1~5 1F NGCESSAR~ .~~ (.,lr; THIS SECTION MUST BE COMPLETED: ~'`~-~ Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 1000 West South Street, Carlisle Borouoh (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then $$ years of age, died 2/25/2011 at (Month, Day, Year of death) Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA _If not domiciled in PA _Value of Real Estate in Pennsylvania Carlisle, Pennsylvania (City and State where death occurred) All personal property Personal property in Pennsylvania Personal property in County 000.00 Total Estimated Value $ 5,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) N/A Signature(s) Name(s) & Mailing Address(es) ' ~' Kenneth Eugene Holtry 56 Fox Hill Road, Shippensburg, PA ~~~,~ ~~ ~~ ~ Paul Raymond Holtry 46 Fox Hill Road, Shippensburg, PA 17257 ~ --~ -- -- r - .,.. ,,,, , . ,. ,.... ,.. .. . _ .. Betty J. Alleman, 5 Mtn View Terrace, Newville, PA. 17242 nncn-^ roan rcw-uirevisea i~.~o. iu ny ~umnenana l.ounty pending action by the Court Page 1 ot'2 to Dece C7 rr-~ ~ ~ ~ ~- ~:~~ ;_ ~r -T .; .:~:a _....a ...r._ i ~:.~'? 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 ~ ~ ~~ :~ ~ ; c.? before nle this ~'~~ day of ~ ~ - ~~ ~ ~ cr> ~ ~ , .~ !~ G ~ Q l ~ ~ - -z, ~.n o For the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of Mary A. Holtry ,Deceased File Number: 21- -~~_ AND NOW, this ~~day of J~(~ ~1 ~Q"1, ~ , in consideration of the Petition on the reverse side hereon, satisfactory proof having been 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.) Kenneth Eugene Holtry, Paul Raymond Holtry and Betty J. Alleman in the above estate and that instruments(s) dated s/23/i9s3 described. in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. t lenda Farner trasbaugh, Register of Wills ~r ~PC~'~-~'v~~ ~~'~ FEES: Letters ....................$ ~C~ ~~1~ Will ....................... 1~ -Cr0 v Codicil(s) .............. . (~) Short Certificates 1 c~ -C~ ( )Renunciations....... Bond ............................ Other ............................. Automation FEE......... 5.00 JCS FEE ................... 23.50 ~"5.5~1 TOTAL ................ $ ~-~`8~-~~' Signature of Counsel Required to Enter Appearance Atty's Signature ~ ~ `~~ PRINTED Name: H Anthony Adams Supreme Court ID No.: 25502 Address: 49 West Orange Street Shippensburg, PA 17257 Phone: 717-532-3270 Fax: 717-532-6673 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, $6.00 P 17263177 This is to certify that. the information here given is correctly copied from an original (certificate of Death duly filed with ~~~e as Local Registrar. The original certificate will he for~~al-ded to the State Vital Recordice for per ~ >~ling. ~__ _ _ _ . Local eg)strar ~Q ~:~ ~ ~~'~~~ r . ~, ~~~ ~~ ~~ " ~ ~ "z'i _ r --~ H105.119 REY 11/2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS Z TYPE / PROYT IN P ,,,~ CERTIFICATE OF DEATH (See instrtucttons and examples on reverse) .._.~ _.. _ ......___ ~. z zlzf~l~ ~,,, Date~~d ~• rn ~7 c'_ `? is _r' ~ r -y: ~ N ._ .,_ 1 r.... I t "; :'+ ~~~i "'~„~ G.~ ~~ r~~ ,. Nmr o, Derederi (Frri, middle, kri, wlPoc) Mwcy A.ec.ee Ho~P.th.y 2. Sex l=emrzee 3. Sochi sacuily Number - -- - 203 _ 10 _7309 1. Oats d Death (Morah, dry', !rear) ~ebnuany 25, 2011 5. Ape (Last eir>f,day) Under , r tlrabr , & Date d Britt 7. and ease a Sa. Phre d Death Check on one - --$ 8 - -bMh Gaya llcus aWseae Mtanch 2 0 19 2 2 S htippe~ bl~g- PA Hoepdal: Other: Yla. , e ®Irrpetiem ^ ER / Oulprihnt ^ DOA ^ Naarrg Hone ^ Residence ^ Odrr • Sperdly: ~. Canty d Death 8c. City, Boro, Twp. d Death 8d. Fecgity Name (H nd krlAUlion, 9Ne street and number) 9. Was DeaMeM d Fktparic Odpkr7 No ^ Yes 10. Race: American Indian, Bledc,,Yltite, etc. Cumbeneand au~h M.i.ddeeton Twp Ca~i,a.~e Reg~.onet.C Med~ eae Ce-titen (~'"~ R~; ( . ,,~•) to • ,,. Dardenys !hues d work der most d fde. Do na star elks 12. Wa: Decoded ever h the 13. Deoederi'B Edntbn (SpecNy ony highest pods mnrphtad) U. Marital Sutuc: Herded, Never Monied, ,5. Survkhp Space (h wde, give maiden name) dWrxk detrkwes/bduttry Flomema~zen Own~ame U.S. Amrd Fracries? ^ Yec G No E~/ Secondary (0.12) CoMepe (1.1 a 5+) j () ~,(.1. - , 6. Decedent's Rolling Aadrecs (street, dIY / kwm, stab, ziD code) 10 0 o wedgy sau~h Sz. e.ee PA Decedent's Adual tiesidenoe ,7a. sbte pA Did Decedent Live h e 17c. ^ Yes, DelydeM lived m Twp. • ' 17013 ,~,~,,,y, Cum n TDN7~? 17d.~No,Decederdllvedwithin Ca~r.P.i,a~e Banough Actual IJmils a Ctty/Boo te.F a r v N ~arrn r ( he F+ ~t~r r ~dd~e~l~a ,c~~ Jl a b K~( Q C 2 ~( CCn L ~e s ~r r~.,~n r 1~ ~ ) . . . v .(,C.CA(iO.C.d.e e l ~ p n a ~ N a a r p jrg ~ 2oa. y p ~ YG(.I.LC K . ~ T16d.ZJLy 20b. kdarrrnYs Address (Skeet, / bwn, , zip code) 46 Foxf .i,P,~. Roa~, S~cppenb bung, PA 17257 21a. Method a Dispa;Nion r ^ Cr«netbn ^ Darfion ~ Itrrrhl ^ lean skte ~ wa cr.maaort a Dotrdart Authorteed 21b. Date d DMpodOan (Month, day. Year) Mcveeh 1 2 011 21c. Pleoe d Dieposkion (twn,e d onretery, aertrtory a other Itleoe) R.c.dg a Cemete~c.y 2, d. Lorrtiort (city/town, elate, ~p ~umb eh.P.and Ho pewees Twp • ^ Otlrr- r kNdkalExandrrrlCorarrf ^ Yae^ No a . COUnz zza. ( ~ 22b. I.icerae Number ~U-014351-L 22a Name and Adores d Fadyty 112 GI Q.bZ K.i.ng S~.eex l`oge aan P e~c-Bntich en ~unen ze Hame In . . g . t c. Sh,~, enbbun PA 17257 deny 23a~c ony wtrn osrtityng ptysidan h not avaiabb ri tlme d darih b 23a. To best d my knowledge, derih axurred ri the time, ride and phce stated. (Signekse and 1kh) n 23b. License Nrmber 23c. Drie Signed (Mmfh, day. year) artiy cause d death. ~ .~ . ^ ~ r~ Y - /-'1 ~ ~-' I '~ 2 ~ '~' • flemc 2426 mull be completed by person • who mrnurtoes death 21. Tint d Death - d' 25. nor Pratourrced Dead 1~1h, d•Y. Y••d Z ` 26. Was Case Rekned to Medrxl Examiner /Coroner to a Beeson Odrr then Cremedon a Donation? ' p . ( LS / 1 ^ Yea ,0 r~ CAUSE OF DEATH (See Instructions and exempfea) r Approzhreb kderval: Ibm 27. Part I: Enter the ~amNS - dheases, injuries, a complicriiar • that dverdy eased the deaM. DO NOT order brothel events such as cardiac erred, ~ Orreet b Death roapirriay arrest a verddpAer 1briAation wkhaA ehowkq kr etiobgy Lint only one on each ir Part II: Ertbr dher but not resrlUrtp h rite uahryktg cause given in Pert 1. 28. Did Tobacco Use Contdbub to Death? ^ Y Probably ~ , . . IM M C r r ^ Unknown A ~ ~ r *,rAIISbE F ~ a ~-- ~ ~) -~ a. e ~ ~~ r C r 29. fl F Due b (a as a oonsegtrrtce d): i Not proprnl wkhin pest year ~y Ifat condiliorr, it erry, b b me cause filed on krr e i Pregnem a1 tkne a death ^ . O~ b or as a Enter IM~EALYNiG CAUSE ( oortsegtrrtce oQ: ~ Not pregnant, but pregnant wdhln 12 days (disease a ~ that initiated the c events ~~ deeds) ~. r i of death ^ -~... _ r~ _-_....._~-.r.,._.~._~, _ Not pregnant, but pregnant 43 days b 1 year • d. i ^ UrdCrawn d pregnant wiMin tlr pest year 30a. Was an Autopsy Pedonrrd? 30b. Were Autopsy Fktdirtgs Available Prior to Completion 31. Manner d Death Natural ^ Ibrt icid 32a. Date d hyury (Month, day, year) 32b. Describe How Injury Ocasred 32c. Place d Injay: Flome, Ferro, Street, Faday, Office Bulldog, etc. (Spervty) d Ceuae d Death? t e ^ Yes No ^ Yes ~No ^ Aaident ^ Panting Investigation ~• Tone d Irqury 32e. Injury at Wak? 321. N Trerrspodation Iryury (Spervly) 32g. Location of injury (Street, city I town, stria) ^ Suicide ^ Could Not be Determined ^ Yes ^ No ^ Driver/Operator ^ Passenger ^ Pedesl H Other • Specify: 33a. Certtiier (drek «dY one) • Certllying physleWt (Physician reddying cares d death when another physidan trs pronoutred death and contphwd Irm 23) 33b. Sigrrlure and Title d Cedflhr ~_ To the best d my knowledge, death otxurrad due to the cause(s) and msnrter as rioted _ _ _ -' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ----------- ~ ~ ~ 7i[ V • Pronantcing end certHying physklen (Physician both prortourtdrtg death end relaying to cause d death) 33c. License Number 33d. Date igneed IMonlh, day, year ~' To the best d my knowedge, dash occurred ri the time, date, and pkre, and due to the cause(s) and manner as riated_ • MedkriErrmber/Coroner _ _ _ _ _ _ _ _ -------- lJS QO D J'-'^~ "p ~ '~(~/t~ ~.. Q~ On the bask of axamktetbn end f a ImaOgatbn, b my opinbn, derih occurred ri the time, dale, and glare, and due to the cease(s) and manner ea atatsrJ. ^ 34, Nam, and person Canple ease d Death (tiem 27) Type !Print 35. Repislrer's Signelae a riot / I ~ I ~ I I / I ~~ ~' I ~~ 36. Date Filed (Month, day, year) ~`~~~ ~T^ ~ G~ ~ ~ ~ / iL ~ t Disposition Pennd No. U'~ ~ / ~ 4~ C~ ~ ~ ,~ ~ ~,~ OF MARY A. HOLTRY NOW THI ~ day of ~.-~Gl-~ ~ 1983 , I , Mar A. Holtr ~~~~ ~~~ Y Y~ presently residing in Cumberland County, Commonwealth of Pennsyl- vania, with a present Zna%ling address of R.D, 1, Shippensburg, Pennsylvania 17257, being of sound mind and body, but nevertheless mindful of my mortal nature,- do hereby publish and declare, in the presence and hearing of the undersigned witnesses, this as my Last Will and Testarn.ent, hereby revoking all previous wills and codicils executed by me. 'ITEM' 'F'I'RST I direct my Executor to first pay my funeral expenses as soon after my demise as may be found convenient, and also first pay all estate, inheritance, sucession and other death transfer taxes, of whatever nature and by whatever jurisdiction imposed and interest and penalties in respect thereto, assessed against my estate or payable by reason of my demise, with respect to any and all property, life insurance, and other interest comprising my estate for death tax purposes, whether or not such property or interests pass under this Wi11 or any codicil thereto, without reimbursement r-..a as if such taxes were administration expense, and also t~~irst~- ~- ~~ pay, from my estate, all administration expense. ~~?~' '~"' ~-' .1~ C7 „a,;,, ~,,, rn c; /~1' i i.....~ L~ V J ~ ~ ...' ~. C~? Q 'f7 '_'" ' '1 y .... _ ~ ~`=a, --t C'~'7 ~ ",. t .r~ ~.~ ~~ M r~ ITEM SECOND I give, devise and bequeath my entire estate and all my property, whether personal, real, mixed, tangible or intangible, wherever situated and of whatever description, which I may own, possess or have any right to dispose of at the time of my demise to my husband, Ross H. Holtry, providing that he survive my demise by thirty (30) days, Should my husband predecease me or fail to survive my demise by thirty (30) days, this gift, devise and be- quest to him shall lapse or be divested, and in such event I then. give, devise and bequeath my entire estate and all my property, whether personal, real, mixed, tangible or intangible, wherever situated and of whatever description, which I amy own, possess or have any right to dispose of at the time of my demise in equal shares among Kenneth Eugene Holtry, Paul Raymond Holtry and Betty J. Alleman, my three children. Should any child predecease me leaving a chf.ld or children (being my grandchild or grandchildren} surviving my demise, then the share of said deceased child shall pass, in equal shares, to their child or children (being my grandchild or grandchildren). However, should any child predecease me failing to leave a child or children (my grandchild or grandchildren) sur- viving my demise, then the share of the deceased child shall lapse or be divested and shall pass, in equal shares, among the surviving children, ~` '~, -2- ~ ~ ~ I~ ITEM THIRD If, pursuant to the terms of ITEM SECOND hereof, any grandchild of mine is entitled to receive a share of my estate and be less than eighteen (18) years of age on the day of my demise, in such case I appoint and nominate the Dauphin Deposit Bank and Trust Company, Shippensburg, Pennsylvania, as guardian of the estate of such grand- child with the Dauphin Deposit Bank and Trust Company to receive the entire share of each said grandchild, holding and preserving same until said grandchild attains the age of eighteen (18) years and on such date to distribute to such grandchild their share or that portion of their share remaining, and until the age of eighteen (18) the guardian may distribute the income or principle of each grandchild's share for the use or benefit of such grand- child's support, welfare, maintenance, education and health care. ITEM FOURTH I appoint and nominate my husband, Ross H. Holtry, as executor of this Will and should he predecease me, renounce or decline this appointment for any reason or fail to qualify or accept this appoint- ment, I then appoint and nominate Kenneth Eugene Holtry, Paul Raymond Holtry and Betty J. Alleman, as co-executors of this Will. No bond or other security shall be posted or required of my executors appointed in thei Will or otherwise qualifing for such position, ~e~ ~. -3- t In addition to all other powers which my executors may have at the time of my demise, whether by statutory law or common law, I also grant them the power to sell, transfer or assing any and all property in my estate, both personal and real. IN WITNESS WHEREOF, I have hereunto set my hand and seal this } ~ ~~ ~~ :.~c'~ day of 1983 , to this and the preceding four (4) pages and I have also placed my initials on each page herein for purposes of greater security and better identification. Q,. Mary A Ho try ~ ~ , SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testatrix, Mary A. Holtry, as and for her Last Will and Testament, in the presence and hearing of us, who at her request, in her presence and in the presence of each other, have hereunto sub- scribed our names as witnesses on the date first written above. T .--- ,~ (S EAL) ~'~ ~1~~C ~~~~ A f ~~' A ress ' ~ a ~,, (SEAL) ~.~ . ;~ A r ss '`~'` , •. ~~ -4- . ~ . '' •' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN : SS I, Mary A. Holtry, whose name is signed to the attached and foregoing instrument, having been duly sworn and qualified according to law,.do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or aff~rmed to a d ack owledged before me by Mary A. Holtry, this4~.~~~ day of ,~ c~2.~"", 1983. (~. ary Ho try ~. . -~~ ~ .~x~ ~~u--~~ otary P is S~$',i~; :'~. ~Fi.~ ~\, -vOt3ry PUb~IC Cha.ni~~r~r~rg, , , n!;iin Ca., Pa. My Commix;:;;;: ~xres May 13, 1985 ~' ~~ -5- COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF FRANKLIN We , ~ /~ Gr~2y and ~~c~=~~ t.._, '~ ~~C the witnesses w ose names are signed to t e attac a 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 Last Will; that Mary A. Holtry signed willingly and that Mary A, Holtry executed as her free-and voluntary act for the purpose therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge-the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence , ~,~~ orn or ~~ ~~ tnesses, t of 'rmed to and subscribe ~.T~'l' n d ~ sN ay o o before m,,,by %irgm C.._~ ~~C' ~~ ~~ ~ ~ 1, otary is SUSt1N K. JESSE~~, Notary PubiiC Cl~a;r,~~;;~-~.E„~ ~, Fr~r~klin Co., Pa. My Corr~m~s;;ic~ L {;tires May 13, 1985 P~. -6-