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HomeMy WebLinkAbout03-23-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~'LVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of BARBARA A a/k/a: a/k/a: a/k/a: SIMMONS ,Deceased ESTATE NO: 21- ~ ~- ~>y~`~ 3/14/2011 at Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: D 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 tters TESTAMENTARY _ under the last Will of the above-named Decedent, dated ~ ((p (.~ 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 exec;ution 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): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minorita~te) 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 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(g), dx~ept as follows: ~~a~~~c Aduress Relatianshi .tp Deced~ UJL' t1LL11lVl~t1L JC1GL' l J lI' 1~Gl.GJJHKY ant THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 1 WEST PENN STREET, APT. 106, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 __ (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 62 years of age, died 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 (Month, Day, Year of death) SS NO: 18240-8333 (City and State where death occurred) All personal property Personal property in Pennsylvania Personal property in County Total Estimated Value Location of Real Estate in Pennsylvania: (Provide full address if possible.) $ 2,.000.00 $ -- $ -- $ 2,.000.00 Name(sl & Mailinu Addrecc(ecl ~ ~~~' ~ ._ - MES N. TANNER, JR., 15 YOUNG DRIVE, CARLISLE, PA 17015 CARLISLE, PA ...... ~....._ .. .,., ..,...,.,.. .......,..., .,~ ............~...., ..vuu~y N~.uuu~s auwu vy uic ~ vuu rage i Or Z 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 9r affirrrted and subscribed .° l ~.. F1 ~ before me tihis day of ~ ~„S ~ ~ -~'16 ~' <; ~i~-- ~J ( ; -~ ~.. ~~ ~ ~ 1 ,~-~ .. .~ . .. ~~~ ~ ~' For the Register . DECREE OF PROBATE AND GRANT OF LET'T'ERS ,: ,~ Estate of BARBARA A. SIMMONS ,Deceased File Number: 21- ~~~ { ~\~~`~ ~ ~' ~ , , - ~'__- AND NOW, this~<~` ~~ day of r~t(;~I~~"I~~ oJL-' ~ ~ , 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.) JAMES N. TANNER, JR. _ in the above estate and that instruments(s) dated 3/16/2009 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. ,. Glenda Farmer ~Strasbaugh, -~~ ~~_~ ~ .- ~~~~ ,~~,L~ ,; ~- ~l~%, Register of Wills ~ ~~ ~ '~ FEES• - C_ Will ........................ ~ ~ . U"C~ Codicil(s) ............... . (`} )Short Certificates ~ t ~ - (; ( )Renunciations....... Bond ............................ Other ............................ ................................. ................................. Automation FEE......... 5.00 JCS FEE .................. 23.50 7~ TOTAL ................ $ ._~58 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court signature of Counsel Required to ~rlter Appearance Atty's Signature~\~~~' " ~'~/~ _. PRINTED Name: WILLIAM A. DUNCAN, E.SQ. Supreme Court ID No.: 2zoso Address: 1 IRVINE ROW CARLISLE. PA 17013 Phone: 717-249-7780 Fax: 717-249-7800 Page 2 of 2 0+~,~4L REGISTRAR'S GERT IATICbIV ~3~ DE:A~C~ V4~r~lRNING. It is illegal to duplicate t~°,i ~ ~'.D::~~~t ~~ pi~Otas~k~:lt ~r pt~otc~g~ ~~~ . #~c~~ ~;~? thi- c~~„•tili~~ti~. `~f~.`iti -- P ---17..1...1--5 8_T_ :'i•Iilit;i~il.)11 ~kifll~lt"1 4i4 H105.144 REV 11/2008 TYPE /PRINT IN PERMANENT BLACK INK ~~32-486 0 0 Z ,,~ ~ ,,,., ~ ~ , ~,1 ,., i if~_ ;j; al ~r t(~111~rrn~~ti~~n hers ~~i~en is ~1tt~~. r tv-° a ~'<. I, r-t`i ii i) ,,~ I(,~',ttlal ~rrllif'~'~tl~' U1 I~~dC}] P /~'?D~i' o'r`s ~~ Isis` t 1 i 1'" 1 li_:~_I ~'~t'`:'ltill~li•. ~~1~ (liiFTltlii~ lc ~ `. ~'~* `~ . ~( r ~ ( ' 4; , . r ~, ~ n, '' ! . t f I I(1 Ilt~ `~f')tt' ~`it't~ i ). 9 i~ 1 r`Il'1 c ~ € ' ,' ` ' I l c>1 a. .yy '; ~ d , , ...11 sl, _ ~. ' ~ .,a-lr. Iit t lllt~. - ..., r.,. ( ~ ~ ~.~<<~ I~~,~(i~tl r~ __ -I- _..\ ', ~ _ r- ,j - - ~ _.{ ~ ~~~ , COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORbS CORONER'S CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 1. Name of Decedent (RrsL midde, last, suffz) ~ 2. Sex 3. Social Security Number 4. Date of Death (Monty, day, year) Barbara A Simmons Female 2 - - March 14, 2011 5. Age (Lest eirl,my) Under 1 Under 1 da 6. Date of Birth (Month, day, ar) 7. Birthplace (Ciy and slate or f ~ caMry) 8a. Place of Death (Check only one Morwra Days Hal, M,xaes HOSpitel: Other: 62 Yra. Januar 11, 1949 Carlisle PA ^Inpatient ^ER/Outpatient ©DOA ^NursingHome ~ Residence ^Other-Specify: Sb. County of Death 8c. City Bo Twp. of Death Bd. Faality Name (II nM insttlutlon, give street and number) 9. Was Decedent of Hispanic Origin? ~] No ^ Yes 10. Race: American Indian, Black, While, etc. (If yes, specify Cuban, (Specify) Cumberland Carlisle 1 West Penn Street Mexican, Pueno Rican, 9tc.) White it. Decedent's Usual lion Kind of work done B urin most M worki life. Do rat state retired 12. Was Decedent ever in the 13. Decedent's Eduetbn (Specify only highest grade comp leted) 14. Marital Bialys: Mardad, Never Married, 15. Survwsng Spo use (If wife, give maiden name) Kind of Work Kind of Business /Industry U.S. Armed Forces? Elementary /Secondary (0.12) College (1-4 or 5+) Widowed, Divorced (Spectl» Driver Bus service ^Yea]~Jo 12 Divorced - 18. DeceaeM's Mailing Address (SUeet, city /town, sate, irp code) Decedent's PA Did Decedent 1 West Penn St. ~ Apt. 106 Actual Residence 17a. State Uve in a 17c. ^ Yes, Decedent Lived in Twp. Township? 17b. County Cumberland 17d~ ~ "°' Decedent wed "~"in Carlisle Actual Umtls of city / Born 18. Father's Name (Fast, middle, last, suffix) 19. Mother's Name (Flrsl, Mddle, maiden surname) James N. Tanner Winifred M. Sadler 20a. Infomrant's Name (Type /Print) 20b. Informant's Mailing Address (Street, city /town, state, zip code) James N. Tanner, Jr. 15 Youn Drive, Carlisle, PA 17015 21 e. Method of Disposition j ~remation ^ Dore6on 21 b. Date of Disposition (Month, day, year) 21c. Place of Disposition (Name of cemetery, crematory ar oNer place) 21d. Location (Crty /town, state, zip cads) ^ Burial ^ Rertavel from State i Wes Cromstbn a Donation Authorized ^ Other • spedty: ? by Medial E miner/ C 7 Yes ^ No 3/ 17/2011 Evans Cremation Services LeCila , PA 22a. Signs Funeral nsee (or person acti s 22b. Ucense Number 22c. Name and Address of Facility - ~ ~ FD 012633 L E7wing Brothers Funeral Home, Inc., Carlisle, PA 17013 Coin 2 t only when cenifying 23a. To the best of my knowledge, death acc et the tlrtre, date and place stated. (Signature and lisle) 23b. Ucense Number 23c. Date Signed (Month, day, year) physician a not available at time of death to artily suss of death. Hems 24.26 must be completed by person 24. Time of Death 25. Date Praaunced Deed (Month, day, year) ~ 26. Was Case Refermd to Medical Examiner /Coroner for a Reason Other than Cremation or Donation? wra praauncea Beaty. A r x . 9:00 P : ^• March 15 2 011 ~ Yea ^ No CAUSE OF DEATH (See inatructlona and examples) r Approximate interval: Part II: Enter other 28. Did Tobacco Use Contribute b Death? Item 27. Part I: Enter tlrechain Mevents -diseases, injuries, or comptlcetions -Net directly caused the death. DO NOT enter terminal events such as cardiac arrest, r Onset to Death but nM resulting in the underlying cause given in Part I. ^ Yes ^ Probaby resphatory arrest, or ventricular fibrillation without showing the etiology. Ust any are ease on each lire. t r r ^ No ^ Unknown IMMEDIATE CAUSE IFmel disease or cond'dionresulUngin eth) _~ a. Coronary Artery Disease ~ Diabetes Mellitus 2s.tlFertale: ^ Due to (or as a consequerxxa oq: r Remote S t en t Not pregnant within past year saqueMielly list conditbns, if any, b. ~ th to th a list n li b d ^ Pr nant at time of Beaty ~9 a e c use e o ne a. Enter the UNDERLYING CAUSE Due to (or as a consequence of): ~ ^ NM pregrent, but pregnant within 42 days (disease a injury that initialed the c r eveMa resutling rn death) LAST. r of Beaty Due to (or as a con sequence of): r Not ^ pregnant, but pregnant 43 days to 1 year r d. r before Beaty ^ Unknown N pregnant wtlfdn the past year 30a. Was an Autopsy 30b. Were Autopsy Fndkgs 31. Manner of Death 32a. Date M Injury (Month, day, year) 32b. Describe Flow Injury Occurred 32c. Place M Injury: Home, Ferm, Street, Factory, Performed? Available Prior to Completion M Cause of Death? 1~~j utkl Natural ^ Homiade Office Building, etc. (Specify) ^ Yes ~ No ^ Yes ^ No ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at Wak7 32f. If Trensponatbn Injury (Specity) 32g. Location M Injury (Street, city /town, state) ^ Suipde ^ Could NM be Datertnined ^ Yes ^ No ^ Dmrer /Operator ^ Passenger ^ Pedestrian M• Other • Specify: 33a. Certlfier (check any one) 33b. Signature a - • Certifying physician (Physician certifying cause or Beaty when araNer physician has proraunced Beaty and completed Item 23) To the best of my knowledge, d~N occurred due to ttte ease(s) and manner es stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' _ _ _ _ _ _ _ _ _ _ _ _ ^ - -~ o r o ne r • Pronouncing end arlMying physkiart (Physician both pronourxing Beaty and cerllyirg to suss M death) 33c. License Number 33d. Date Signed (Monty, day, year) To the best of my knowledge, Beaty oxurred at the time, date, and place, and due to the ease(s) and manner ea stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • Medial Examiner I Coroner On the basis o1 sxaminatbn and / or investigation, in my opinion, death occurred at the time, date, and place, and due to the ease(s) and manner es stated_ Ma:r c h 16 , 2 011 34. N nd ss f Pe Completed use of DeaN Qtem 27) Type / Pdnt ~a~ G~ r~ ~ ~ C 35. Registrer' are and D' nct Numhe"~ 36. Date Filetl (Monty, day, year) o . c cenroc e, oroner 6 3 7 5 Ba s e ho r e Rd . , Suite 4~ 1 Mechanicsbur Pa 1 0 0 Disposition Permit Na. .. U[~ I ~ t V rl LAST WILL TESTAMENT I, BARBARA A. SIMMONS , of 10 Greenmeadow Drive, ~isle,l'~.1V~ic~c~~~ton Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking any and all other wills and codicils heretofore made by me. FIRST. I direct that all my just debts and funeral expenses be paid from my estate as soon after my death as practically and conveniently may be done. SECOND. I direct that my remains be cremated and interred within my family's burial plot in Cumberland Valley Memorial Gardens and all funeral arrangements be made through Ewing Brothers in accordrwith my expressed wishes. THIRD. I authorize my personal representative to expend funds from my estate, in such amounts as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. FOURTH. I give, devise and bequeath all of my estate of whatever nature, bc; it real, personal or mixed, and wherever situate in accord with the provisions of Paragraph Seventh: ( A.) One-Third (1/3) share unto my grandson, DEVIN KRISTOPHER SIMMONS, per stirpes; ( B.) One-Third (1/3) share unto my granddaughter, KORRIN NOEL NEW]VIAN, per stirpes; and ( C.) One-Third (1/3) share unto my grandson, ANTHONY EDWARD NEWMAN, per stirpes. FIFTH. I direct that any and all Inheritance, Estate and Transfer taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the principal of my residuary estate. SIXTH I hereby nominate, constitute and appoint my brother, JAMES N. TANNER, JR., as Executor of this my Last Will and Testament. In the event of renunciation, death, resignation or inability to act for any reason whatsoever of JAMES N. TANNER, JR.,, I nominate, constitute and appoint my sister-in-law, JANICE M. TANNER, as Executor of this my Last Will and Testament. In the event of renunciation, death, resignation or inability to act for any reason whatsoever of JANICE M. TANNER, I nominate, constitute and appoint my niece, NICOLE L. MASCHMEYER, as Executor of this my Last Will and Testament. I hereby relieve my Executor from the necessity of posting security in connection with his duties, as such, in any jurisdiction in which he may be called upon to act insofar as I am able by law to do so. In addition to the powers conferred by law, I authorize my Executor, in his absolute discretion, to retain in the form received, and to sell either at public or private sale any real or personal property owned by me at the time of my death. SEVENTH. If any of the beneficiaries of this, my Last Will and Testament, shall be under the age of Twenty-Three (23) at the time of my death, then any portion of my estate in which they share shall be held in trust for them with JAMES N. TANNER, JR. as Trustee. In the event of renunciation, death, resignation or inability to act for any reason whatsoever of JAMES N. TANNER, JR., I nominate, constitute and appoint JANICE M. TANNER as Trustee, if she is unable or unwilling to serve as Trustee, I name NICOLE L. MASCHMEYER. The trusteeship shall end when the child attains the age of Twenty-Three (23) years. The Trustee shall provide for the care, maintenance and education of said beneficiary and shall from time to time use either principal or income from the inheritance to provide for these needs. If any beneficiar`/ by Trust dies prior to attaining the age of Twenty-Three (23) years, the Trust terminates and all. such funds shall be paid over to the beneficiary's legal heirs. As Trustee, JAMES N. TANNER shall provide for the care, maintenance and education of said children and shall from time to time use either principal or income from the inheritance to provide for these needs. EIGHTH. I have made, or may from time to time make, a written memorandlum expressing my desire to give certain items of personal property to specific persons. I urge my Executor and beneficiaries to respect these wishes. Such a memorandum, if made, shall be stored in conjunction with this Will. IN WITNESS WHEREOF, I have hereunto set my hand and sea to this, my La t Will and Testament, consisting of two typewritten pages this - day of 2009. P,~-`7 BARBARA A. SIMMONS Signed, sealed published and declared by t'r~e above named Testatrix BA RBARA A. SiVlivi0l\TS as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ~~. ~t~ J~ r ~~~~ ~.._. COMMONWEALTH OF PENNS YL VANIA COUNTY OF CUMBERLAND SS. I, BARBARA A. SIMMONS, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~ ~,~ T~..,r~...y~,. ~::}.. RBARA A. SIMMONS Sworn or affirmed to and acknowledged before me, by BARBARA A. SIMMONS this ~ ~ 'TN ~-~~~~ ~, Nota Public ~-'-~ ~.. , . 73 day a ~ ~ .. _ .,, ~~,, 2009. ~ ~. ,t.z~.~y '~~~~. COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND :SS. We,1~ ~ ~t ~ IVO ~ ~ ~ ~N ~ N and k1~~ ~ ~, ~1~/~ ~ ~~'~-~ 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 BARBARA A. SIMMONS sign and execute the instrument as her Last Will; that she signed willingly and that she executed as her free and voluntary act for the purposes 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. Sworn or affirmed to and sub jcribed ~~ re me by ~ ~ G~ 1N I~-i~ .~1 ~ , D o this ) ~.~ day of /1/1~"~~~~ ~'" t ~ J~ ~~~ and witnesses, 2009. 2~~°' ~ ~ C% ~% Notary blic TM f~rJY~i~Mf'4.x._ ..~., ,... ,~OA~: ~. ' ~ t, :;,;,~ ~,..~.~t~~, Carlisle c~o~o., Uu„~'W,,, ~~?c ~..~tlrt)I s My Gammiss~n ~;~~ire~ ~,~~t:~~t::~' "r. X011