HomeMy WebLinkAbout03-28-11IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LE'CTERS
Estate of Bruce C. Dalway ,Deceased ESTATE NO:_21- I
a/k/a:
~~a' SS NO: 203-34-2082
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.rl.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary
the last Will of the above-named Decedent, dated 2/15/2011 under
and codicil(s) dated
(State relevant circumstances, e.g. renunciation, death of executor, etc.)
Except as follows, Decedent did not many, 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):
^ B. Grant of Letters of Administration
(It applicable, enter d.b.n., pendent life, 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 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(8), except as follows:
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USE ADDITIONAL SHEETS IF NECESSARY -
THIS SECTION MUST BE COMPLETED: ~ ~ ,7 ~ "~ ~~"~
Decedent was domiciled at death in Cumberland Coun Penns lvania with his/her last famil nnci al r~dencse~
At 1212 Fleetwood Drive Carlisle PA 17013 ty~ y ~ y ~ p ~
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then ti5 years of age, died 3/18/2011 at Carlisle, PA
Estimated value of decedent's roe (Month, Day, Yeaz of death) (City and State where death occurred)
p p rty at death:
_If domiciled in PA All personal property
If not domiciled in PA $ _ 20 000.00
_If not domiciled in PA Personal property in Pennsylvania $
_Value of Real Estate in Pennsylvania Personal property in County $
$ 225,000.00
Total Estimated Value $ 245,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.) 121 Fleetwood Drive, Carlisle, PA
Name(s) & Mailing Address(es)
100 Big Spring Avenue, Newville~, PA 17241
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Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court
Page 1 oft
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.
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DECREE OF PROBATE AND GRANT OF LETTERS
Estate of ~( l,~ • ` ,Deceased File Number: 2I -~_-~_
AND NOW, this o~..~~~day of n,-'~ ~i,1~~n o2 (~ ~ ~ , in consideration of the Petition on
the everse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
Testamentary _ of Administration are hereby granted to:
(If applicable, enter c.t.a., d.b.n., d.b.n.c.ts., etc.)
~b~ r~- ~ ~ ~~e~ in
the above estate and that instruments(s) dated ~p~~Ll(~Y
admitted to probate and filed of record as the last Will and
a 0 f I described in the petition be
s) of Decedent.
Glenda Farner Strasbau ~ ~/>~x/-~_ ~~--.
Register of Wills ~ (~
FEES:
Signature of Counsel Required to Enter Appearance
Letters ....................$
Will ................. ~ ~ Atty's Signature
.......
Codicil(s) .................
(~~j) Short Certificates o• ~ PRINTED Name: Melissa P. Ta
( )Renunciations....... Supreme Court ID No.: 307155
Bond ............................
O e ................ Address:
...........
........................... "-~~i'
Automation FEE......... 5.00
JCS FEE ................... 23.50 Phone:
~~ . ~ ~ Fax:
TOTAL ................$ t
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court
_2 West High Street
Carlisle, PA 17013
(717}249-0900
_(717)249-3344
Page 2 of 2
105.805 REV (OI/07) ~1 ~~ ,. O( /1'1/_
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 17115943
Certification Number
A°`
H105-tag REV 772008
TYPE / PPoHf N
PHWANQiT
rACac mx
This is to certify that the information here given is
correctly copied from ~n 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.
Local Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and axamt3lee on rot,eroel
t. rem. a Daadne lFetl, ~waae, rel ai8q x Sr 3.5•del Sw.By Nmea - - - -T ~. Der a OetlA luae4 a.Y, Yr•A
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41
Last Will and Testament :~~z~
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.BRUCE C
DALWAY ~~` ~~ ~.~
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I, BRUCE C. DALWAY, of Carlisle, Cumberland County, Pennsylvania, being
of sound and disposing mind, memory, and understanding, do hereby make, publish,
and declare this to be my Last Will and Testament and hereby revoke all other Wills
and Codicils, if any, that I have made.
Frtst: I direct that all my just debts and the expenses of my last illness and
funeral shall be paid from the assets of my estate as soon as practicable after my
decease.
I authorize my Executor to expend funds from my estate, in such amounts, as
my Executor shall consider necessary and desirable, for the disposition of my remains
as follows: I wish to be buried and have the same or similar funeral and burial ~
arrangements as my wife, CHARMAINE C. DALWAY, who has predeceased me,
and was accorded a stainless steel coffin and buried in Cumberland Memorial
Gardens. I ask my Executor to make these burial arrangements through the Stephen
Ewing Funeral Home, if practicable.
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Second.' I direct that my dog, ROCKY, shall be given to MARGO MACREA
of The Animal Inn, located at 831 Newville Road, Carlisle, PA 17013, who has
promised to provide and care for ROCKY for the rest of his natural life, or to a person
designated by the Executor, as of the date of signing of this Will. I bequeath $20,000
from my Estate to MARGO MACREA to provide for the care and maintenance of
ROCKY. In the event the Executor chooses to designate a caretaker of ROCKY other
than MARGO MACREA, the funds shall remain with her. At the end of ROCKY's
natural life, it is my wish and desire that ROCKY be cremated and his remains be
scattered upon the graves of myself and my wife, CHARMAINE C. DALWAY, in
Cumberland Memorial Gardens. I direct that JEFF GIBELIUS, Pastor of Second
Presbyterian Church, handle the spreading of ROCKY's ashes.
T'hitd: I direct that my real property be sold and the proceeds divided equally
between my step-daughter, TERRY A. OVER, and SECOND PRESBYTERIAN
CHURCH, 528 Garland Drive, Carlisle, Pennsylvania. I suggest that my Executor use
my realtor, Marylou Comune, to handle any real estate transaction necessary to transfer
this interest.
Fourth: I give, devise, and bequeath my personal property as follows:
1. The entire contents of my house to my step-daughter, TERRY A. OVER;
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2. Toyota Camry to mystep-daughter, TERRYA. OVER;
3. Jeep Grand Cherokee to DENNY COX;
4. Dodge Dakota to my step-daughter's spouse, ROBERT S. OVER;
5. Wedding ring to my nephew, BENJAMIN ELDRIDGE;
6. The Remaining cemetery plots in Cumberland Memorial Gardens to my step-
daughter, TERRY A. OVER, to manage and distribute in accordance with my
wishes.
F1fth: I give, devise,. and bequeath the rest and residue of my Estate equally
divided between my step-daughter, TERRY A. OVER, and SECOND
PRESBYTERIAN CHURCH, 528 Garland Drive, Carlisle, Pennsylvania.
Sixth: All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executor or Executrix, even though
vested and distributable, shall not be subject to attachment, execution or sequestration
for any debt, contract, obligation or liability of any beneficiary and, furthermore, shall
not be subject to pledge, assignment, conveyance, or anticipation.
Seventh: All inheritance, estate and. succession taxes, including interest and
any penalties thereon, payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement
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from any person.
Eighth: I nominate, constitute, and appoint my step-daughter's spouse,
ROBERT S. OVER, as Executox of this, my Last Will and Testament.
I direct that no Executor named above shall be required to post security for the
faithful performance of his duties in any jurisdiction insofar as I am able by law to
relieve him of such obligation. My Executor shall be entitled to reasonable
compensation for the performance of the duties set forth herein.
In Witness W1leteof, I have hereunto set my hand and seal this 15`'' day of
February, 2011.
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BRUCE C. DALWAY
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Signed, Published, and Declared by the Testator, BRUCE C.
DALWAY, as his Last Will and Testament, in the presence of us, who at his request, in
his presence, and in the presence of each other, have hereunto subscribed our names as
vv~tnesses.
Residence ~ri m ~
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Acknowled ement
Commonwealth of Pennsylvania
County of Cumberland : SS
I, BRUCE C. DALWAY, Testator, whose name is signed to the attached
instnuent, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will and Testament; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
BRUCE C. DAL AY
Sworn or affirmed to and subscribed before me by BRUCE C. DALWAY, the
Testator, this 15~' day of February, 2011.
OTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Shannon L Fn3eman, Notary Public
CarMeb 8oro. Cumberland County
MY Commission Explrpa AprN ~, TOt3
IVlember, Pennsylvania Assoclatlon of Notaries
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Affidavit
Commonwealth of Pennsylvania
County of Cumberland : SS
We, ~l r Lilt Ct. ~ ~ and G~ ~ ,
the witnesses hose names are signed to the attached instrLUnen ,being duty qualified
according to law, depose and say that we were present and saw the Testator sign and
execute the instrument as his Last Will and Testament;-that BRUCE C. DALWAY
executed it as his 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 witnesses; a.nd that, to the
best of our knowledge, the Testator was at that time 18 years of age or older, of sound
mind, and under no constraint or undue influer
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Sworn or a firmed to and subscribed before me by Y~ ~i2tCe.. t"-~--~CrS
and add ~~~ witnesses, this 15th day o February, 2011.
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NOTARY PUBLIC
COMMONWEgf_TH OF PENNSYLVANIA
Notarial Feai
Shannon L. Freeman Notary Public
Carhale Bono, C~erland Couray
MY Commias(on ~Pires /gyp 7.2013
nAember, Pennsylvania Association of Notaries
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