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HomeMy WebLinkAbout02-1159PETITION FOR PROBATE and GRANT OF LETTERS Estate of ~~~~~ ~~. ~•f v~-~ ~'~- also known as Deceased. Social Security No. / ~ ~ -175 / ~ `JG No. ~~~Qa~ ~~ ~iQ To: Register of Wills for the County of Gi,~Q~~~~Nt~ in the 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 -° r'z- named in the last will of the above decedent, dated hCT /D , 19~_ and codicil(s) dated ~(~1~~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in C U rn ~ /=-%~ JAR n/c> County, Pennsylvania, with h ~ last family or principal residence at ~/`i ~'G iY~ w a'~> ~ i1 r ; /) ~~. r{'IG-cu,9ey/e!ya~'2~ ~A~ /`~0s`u ~.~qon#~f~ry `rwf> (list street, number and muncipality) Decendent, then ~ ~ years of age, died S ~ /'% zS ~ ~ .~ c~ cr 'Z Except as fol ows, decedent did not marry, was not divorced and did not have a child born or adopted 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 $ ~ C G-,~' (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 req st s) the probate of the last will and codicil(s) presented herewith and the grant of letters ~ 2~ (testamentary; ad istration c.t.a.; administration d.b.n.c.t.a.) theron. ~~~~~ ~ V y V !~ C ~, ~~ m OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } COUNTY OF ~" ~;~ 1~l ~ ~~ L .,~/u D J 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 es/ate according to law. 7' Sworn to or affirmed and subscribed % i ~ ~ before me this 3rd day of r ?L' U(- d ' °q~ ~~~~~~~ De ber ~ 2002 a ~ ~ c" Tbnna _ o, s ,~tti _y Register i~-i~a~~ No. Estate of 21-2002.-1159 JANE`i' M. HOLDER Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW December 23rd, 1~2nn2 in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated_,. October lOth,1998 described therein `~~~ <~ T}it'°-a `^ *~r~~`~.~`~ ~~~d filed of record as the last will of Janet M. Holder > and Letters Testamentary are hereby granted to John M. Holder Jr. /. {/ Register of Wills ~ ~GjJ~. Donna M. Otto,lst Deputy `1~y' FEES Probate, Letters, Etc. ......... ~ 25.00 Short Certificates(1) .......... ~ 3.00 12.00 ~~ • e~tr• a• qES• • ~ JCp (~ ~ 10.00 TOTAL $50.00 Filed December 23rd, 2002 ................................... ATTORNEY (Sup. Ct. LD. No.) ADDRESS PHONE MAILED LEIl'ERS TO EXEC[ITOR ON DECI~3~IBER 23rd, 2002 _ LAST WILL AND TESTAMENT OF JANET M. HOLDER I, Janet M. Holder, of Mechanicsburg, Pennsylvania, revoke my former Wills and Codicils and declare this to be my Last Will and Testament. ARTICLE I IDENTIFICATION OF FAMILY I am married to John R. Holder, Sr. and all references in this Will to "my spouse" are references to John R. Holder, Sr.. The names of my children are: John R. Holder, Jr. William R. Holder Candace B. Luptowitz All references in this Will to "my children" are references to the above-named children. ARTICLE II PAYMENT OF DEBTS AND EXPENSES I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate. ARTICLE III DISPOSITION OF PROPERTY A. Residuary Estate. I direct that my residuary estate be distributed to my spouse, John R. Holder, Sr.. If my spouse does not survive me, my residuary estate shall be distributed to my child(ren) in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, my residuary estate shall be distributed to the following beneficiaries in equal shares: - Cassidy Wagner, Dillsburg, Pennsylvania. If this person or organization does not survive me (or is not in existence), this share shall be distributed proportionately to the other distributee(s) listed under this provision. Initials: ~- / ~ - Callie Wagner, Dillsburg, Pennsylvania. If this person or organization does not survive me (or is not in existence), this share shall be distributed proportionately to the other distributee(s) listed under this provision. ARTICLE IV NOMINATION OF EXECUTOR I nominate John R. Holder, Jr., of Dillsburg, Pennsylvania, as the Executor, without bond or security. ARTICLE V EXECUTOR POWERS My Executor, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone. My Executor shall have the right to administer my estate using "informal", "unsupervised", or "independent" probate or equivalent legislation designed to operate without unnecessary intervention by the probate court. ARTICLE VI MISCELLANEOUS PROVISIONS A. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders, and any singular words shall include the plural expression, and vice versa, specifically including "child" and "children", when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number. B. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person or organization shall be deemed to have survived me unless such person or entity is also surviving on the thirtieth day after the date of my death. C. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or nonactions which constitute fraudulent conduct or bad faith. D. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares - 2 - Initials: ~ T shall be determined by such beneficiaries if they can agree, and if not, by my Executor. E. Internment Instructions. I direct that I be cremated and my ashes interned in accordance with the instructions which I have given to my Executor. IN TNESS WHEREOF, I have subscribed my name below, this ~ day of 1 ~. Holder We, the undersigned, hereby certify that the above instrument, which consists of pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by Janet M. Holder (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above. Witness Signature: „(J ~~ ~_ ~ ~,.~~ Name: ~~ 15 ~ Yyio le R -S city: ~ ~~ ~~ ,~ ,mss ~ v ~ State: i° A Witness Signature: a~ Q- Name: -~~~+'vY~~ ~!- /l~tZ?,2t~ City: -~ ~c;c¢,~~c.saul~ State: Pennsylvania Self-Proving Clause Commonwealt of Pennsylvania County of ~- I, Janet M. Holder, Testator 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; that I signed it willingly and as my free and voluntary act for the purposes therein expressed. - 3 - Initials: Sworn or a d to and acknowledged befor e by Janet M. Holder, the Testator, this day of __~~ , 19 ~ ~. (SEAL) • ~~~~et~ J M. Holder ( estator)~' officer) ~ I I L (Official capaci f officer) Affidavit Commonw lth of Pennsy v`a-ru~ County of ~L,~~P,( (~`~1 We, ~ o k -s ~ n, b ggis and ~-Q~M6d~b t~~ ~'yld~/S the 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 Testator sign and execute this Will as his/her Last Will; that the Testator signed willingly and executed it as his/her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as a witness; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me b~Y~~ r~-s /~ o and ~'~(4'Y yu _ -~?a22./ witnesses, this p~~`day of (~ ~'' , 19_~. Witness Signature: ~~:, ~~ ~~ Name: , i s r=' Mo ~ s City: ~ K"n y ~ N~ ~ s B uQG State: i~ ~4 Witness Signature: ~ ,l'~G~%~ - 4 - Initials: ~~'~ Name: City: State: (SEAL) ~ ~~//Ni~ ~~ /LIB r2els NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp Hill, Cumberland County My Commission E,cpfres A~xt. cCr, ?C`31 of admission of attorney) - 5 - Initials: d 1i (Seal & Official capacit of officer or state CERTIFICATION OF NOTICE UNDER RULE 5.6(a) T' y, ' ,~ Name of Decedent: ~~ ~~~ T ~~9 ~ ~:1 ~~~~'{~ C1 / /.~ 1 Date of Death: ~ ,~ ~`~~ Will No. .c~C C ~ _ p j ~ ~ ( Admin. No. ~_ ~~ " ~ f , To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the O hans' ourt Rules was served on or mailed to the following beneficiaries of the above-captioned estate on ~~~ ~ ~'~ Name Address ~ o ~-)~l ~ ~l~G~a£~ 5 ~' ~/~~6 ~i/,~9w% ~~ ~K~~" ~J~f' ~~c"NAk~~ SB~~~'~ /~~- Notice has now been given to all persons entitled thereto under Rule 5.6(a) except Date: ~ ~/~D~ Signature Name ~~ ~/~/ /~ , ~~ O L .~ ~ /E' -~/~- Address ~ jff~~sx€-~/ S ° J/y L- ~X~ - l~iL~S~~~kC, ~~I. i ~v~9 Telephone (] ~7) ~~ -- Capacity: ~ Personal Representative Counsel for personal representative ~uL~r±ana ~oun~y - ~egmster O~ Wills Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 Date: 8/03/2004 HOLDER JOHN R JR 8 WHISKEY SPRING ROAD DILLSBURG, PA 17019 RE: Estate of HOLDER JAi~ET M File Number: 2002-01159 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: 9/25/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel Judge STATUS REPORT UNDER RULE 6.12 Name of Decedent: -~-'F',,~ M ~ 7'- /,'~/, .,~/O d Date of Death: WillNo.: ~/L~' ~,~r)O.2-d)//6'-~ Admin. No.: 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 [] No Z1 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: Did the personal representative file a final account with the Court? Yes _ No [] 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 ]5~ No [--] 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 t° this rep~ ~5'O, /~~~ ~. k 4u& o Sigrc(-ure / Date: Capacity: ~Personal Representative Counsel for personal ~'fesenta4V~7~o~