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HomeMy WebLinkAbout03-0093 PETITION FOR PROBATE and GRANT OF LETTERS also known as To: ~ /'..~.~ , L]_.~ E~, t/b/ o~_-q Register of Wills for the Deceased. County of in the Social Security No. ! c,~ ~_~_ 3 ~ '- ? ~ O~'~ Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut named in the last wilt of the above decedent, dated ,19__ and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in ~----ULi~ ~ ~ / Co~unty,,~Pqnnsylvania, with ~ last family or principal residence at _ ~{ ~ ~/_44~ ~ [~ ~ [ J ttlSt street, numoer ann muncipafity) Dece~dep~ th~p~ ~.~ yea~s of a~,~ie4 , , ~ ~Q / ~ ~ , ~ at ~/~ ~1~6~,~~m ~. ~m,'[~~,~ ~. /QDd~ Excep~ as follo~, dec~ent ~ no~ma~, ~as not d:i~orced a~d di~not hale a child b;~n ;; ado~te~ after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ ~~ ~ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters l~a-r~ mst4Ta eV theron. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 3 COUNTY OF f ss 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 represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ..-"~.-~J?'~b'~ ~'~. -~'~g9~'~--2.__ c~ J:~fore me this [~-'~ ~ day of [ - ~- / ~' ~ ~ ~ Regtster ~_ / '2- // 7 Estate Of ~,,-~ ~,o,~ 53 o ~ , Deceased DECREE OF PROBATE AND GRANT OF LETTERS ~nno~.~[ ~1 x~, in consideration of the petition on AND NOW the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated ~2-~ma-~ ~l $-r [~ X ' described therein be admitted to probate and filed of record as the last will of and Letters "-~-~-l-~~ are hereby granted to [' ~ }t:~,,~--~ ~ Da> ~.q FEES Probate, Letters, Etc .......... Short Certificates( ) .......... $ ~c-,~ ATTORNEY (Sup. Ct. I.D. No.) nunc~atlon ................ $ ~0~O $ /~') ADDRESS (~_ TOTAL $ Filed'xe,2~... ,~/....c~?~ .............. PHONE REGISTER OF WILLS OF COUNTY OATH OF SUBSCRIBING WITNESS (each) a herewith, (each) being duly qualified according to present and saw signed as a witness at the (in the presence of each other) (in the presence of the (Name) (Address) (Name) (Address) REGISTER OF WILLS OF COUNTY OATH OF NON-SUBSCRIBING WITNESS (each) a subsclt~r hereto, (each) being duly qualified according to ~w, deI~ose(s)~jl~say(s) that ~~ ~ familiar with the signature of .~, testat /'K of (one of the subscribing witnesses to) the presented herewith and ~ ~ O. '.. ~ ..~;~,dicil that --4---- ~-.,,-LK~r~M~ ~ the signature on the/will'}is in the handwriting of to the best of ~ _ knowledge and belief. Sworn to or affirmed and subscribed before me this 19.__day of ~ ~_~ ~ ~~,~5~/1 ~_~ (Address) - ~~ ~(~ame) ~ ' (Address) REGISTER OF WILLS OF COUNTY OATH OF SUBSCRIBING WITNESS codicil (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that present and saw the testat , sign the same and that signed as a witness at the request of testat~ in h presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this day of (Name) 19 (Address) Register (Name) (Address) REGISTER OF WILLS OF COUNTY OATH OF NON-SUBSCRIBING WITNESS (each)a cribber hereto, (each) being duly qualified according to law, depose(s) and say(s) that familiar with the signature of ., codicil testat__ of (one of the subscribing witnesses to) the will presented herewith and codicil that believes the signature on the will is in the handwriting of to the best of knowledge and belief. Sworn to or affirmed and subscribed before ~~'x/ __ me this 19day of /Jif,'/r,~'~ c~~ ~~~~~ ~0o~ (Addressj Register (Name) (Address) his is to certi6, 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 be. forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. [~//I ~ '~ ~ '~i\ Local Registrar P 8703878 ~~/ NOV 18 2002 No. ~ Date COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH : I ~=_!? /,. PA -Ii~''= '~"'u =~ 1~ ..... a ~ Cumberland ,. South M~ddleton . 512 Mountain Road ~ ~,~.. ~' ' ' ~"--~ ~ I I ~,s.~o~E~ I ~Z~~ I ~,,~s,~.~,~ , ' ............ .. &CENT 'S Pennsylvania 12 Mountain Road A~UAL "' m''' ,,..~ m.~ South Middleton ,tBoiling Springs, Pa 17007 ~mm ~ ' ~ ,~.~ Cumberland ~, ~ Robert Shearer =*r-- ~.v's ~ ~,~.~ p Wayne Noss ~m~,~ Pa 17007 ~ Nov 19, 2002 Westminster Cemetery Carlisle, Pa 17013 FD-012909-L ~ ~ral ~ ~5 Y~k ~. ~lisle, Pa 17013 ..... l Iq( ~0 ~ ............................................................... : ....................... ~c~B,~ r~ ~Oot~ LAST WILL AND TESTAJ~ENT OF BONITA SHEARER NOSS I, Bonita Shearer Noss, of South Middleton Township, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke all Wills and Codicils previously made by me. ITEM I: I direct that all my legally enforceable debts and funeral expenses, including all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM II: I bequeath any automobiles or motor vehicles I may own at my death, my personal effects, such household goods if any as may be my individual property and not property of my husband or owned jointly by me with him, and other tangible personal property of like nature (not including cash or securities), together with any existing insurance thereon, to my husband, Wayne Eugene Noss, providing he survives me by thirty (30) days. Should ray said husband predecease me or die on or before the thirtieth day following my death, I bequeath such tangible personal property and insurance thereon to my children, living on the thirty-first day after my death, to be divided among them by my personal representative(s) with due regard for their personal preferences in as nearly equal shares as practical. I direct that any of the foregoing articles not selected by my children shall be sold at public or private sale by my personal representative(s), and I further direct that the net proceeds thereof shall be administered and dis- tributed as a part of the residue of my estate. ITEM III: I devise and bequeath the residue of my estate of every nature and wherever situate, including any property over ~ich I shall have any power of appointment, to my said husband, providing he survives me by thirty (30) days. ITEM IV: Should my said husband predecease me or die on or before the thirtieth day following my death, I devise and bequeath the residue of my estate of every nature and wherever situate, including any property over which I shall have any power of appointment, in equal shares to my children, provided that the share of any child who predeceases me or dies on or before the thirtieth day following my death shall be distributed to his or her issue, per stirpes, living on the thirty-first day following my death, and in default of any such then living issue, such share shall be added to the share or shares for my other children. ITEM V: Should my said ~sband predecease me, I appoint James Largent, Jr. and Judi Largent of Carlisle, Pennsylvania, guardians of the persons of my minor children. ITEM VI: Should any person entitled to a share of my estate not have attained the age of twenty-one (21) years at the time of distribution to him or her, I devise and bequeath the share of each such person to my Trustee(s) hereinafter named, IN SEPARATE TRUST, to hold, manage, invest and reinvest the share so received, and the accumulation of income thereon, and to use and apply the income and principal, or so much thereof as, in the sole discretion of my Trustee(s), may be necessary or appropriate for such beneficiary's support, health and medical care, and education (including college education, both undergraduate and graduate), or to make pa.lnnent for these purposes, without further responsibility, to such beneficiary or to any person taking care of such beneficiary. Any principal or income not so applied shall be distributed to such beneficiary absolutely when he or she attains the age of twenty-one (21) years. If he or she dies before attaining age twenty-one (21), such share shall be distributed to his or her personal repre- sentative(s), discharged of the trust. ITEM VII: No beneficial interest under my residuary Trust, whether in income or principal, shall be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have the power to anticipate, encumber or charge such interest, nor shall such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary. ITEM VIII: Ail Federal, State and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether passing under this Will or otherwise, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid out of the principal of my residuary estate without apportion- ment or right of reimbursement. ITEM IX: All Fiduciaries acting under this Will, whether or not named herein, shall have the following powers in addition to those vested in them by the Common Law, by statute or by the other provisions hereof, all of which shall be exercised in a fiduciary capacity, primarily in the interests of the beneficiaries, applicable to all property, including property held for minors, whether principal or income, exercisable without court approval and effective until actual distribution of all property: a. To retain and to hold any securities or other property, real, personal or mixed, including stock of my corporate Trustee, from my estate, without regard to any principal of diversification or risk. b. To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, whether operated by my corporate trustee or other, without restriction to investments authorized for Pennsylvania fiduciaries, as my Trustee shall deem proper, without regard to any principal of diversification or risk. c. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as my Trustee shall deem proper. ITEM X: I appoint Farmers Trust Company of Carlisle, Pennsylvania, Trustee of the Trust created in Item VI hereof. ITEM XI: I appoint my husband Executor of this my last Will. Should my said husband fail to qualify or cease to act as Executor, I appoint Farmers Trust Company, of Carlisle, Pennsylvania, Executor of this my last Will. ITEM XII: I direct that all fiduciaries acting under this Will, whether or not named herein, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS ¥CHEP~OF, I have hereunto set my hand and seal, this ~f~ day of February, 1984. "-~'~7 ~'~ ~J/~-~aa-~-. ~ 4'~_.~ [ SEAL ] The preceding instrument, consisting of this and four (4) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof, signed, published and declared by Bonita Shearer Noss, 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. Michael R. Rundle, Esq. ATTORNEYS AT LAW 28 SOUTH PITt STREET CARLISLE, RENNSYLVAN~A 17013 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Will No. '~..OO "'~ ~O O?.~ Admin. No. To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on : Name Address Notice has now been given to all persons entitled thereto under Rule 5.6(a) except Date: ~P //7 /~} ~> Signature Name j/?~~ ~. ~ eq Address ~- ~.- ~ ~~~'~.~ : ~ :~: Telephone (T)~ ~ g ~__ 0 g :..~ z:; ~ ~ ~ Capacity: Personal Representative Counsel for personal representative Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 12/01/2004 NOSS WAYNE E 512 MOUNTAIN ROAD BOILING SPRINGS, PA 17007 RE: Estate of NOSS BONITA SHEARER File Number: 2003-00093 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 11/14/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel Judge Cumberland County - Register Of Wills One Courthouse Square Carlislel PA 17013 Phone: (717) 240-6345 Date: 10/10/2005 NOSS WAYNE E 512 MOUNTAIN ROAD BOILING SPRINGS I PA 17007 RE: Estate of NOSS BONITA SHEARER File Number: 2003-00093 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES I NO. 103 SUPREME COURT RULES DOCKET NO. 11 for decedents dying on or after July 11 1992/ the personal representative or his counsell within two (2) years of the decedent's deathl shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 11/14/2005 Your prompt attention to this matter will be appreciated. Thank You. SincerelYI ~.~)~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel Judge I.- G- Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name of Decedent: Bonita Shearer Noss Date of Death: November 14, 2002 Estate No.: 2003-00093 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes IiI No 0 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No l]g b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes IXl No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be . attached to this report. Daf.#l .. J ! '-,"" CO "J ./~/~ f -72&'7-,- Signature WIJt/JJe E, Aids.> ~c4.' rl'1t..- 6,', (e'j 711'0 Address '1 '7/7 :'-5/?C(-9o ~ -b Telephone No. Capacity: g Personal Representative o Counsel for personal representative ~h