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HomeMy WebLinkAbout04-06-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS rr Estate of Joan H. Cleland neceased ESTATE NO. 21- l ~ _ a/k/a: a/k/a: a/k/a: SS NO: 192-34-7144 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ 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 Letters testamentary ,,._,, =°-~'under the last Will of the above-named Decedent, dated 3/11/2003 and codicil(s) dated y O_ ~ - ~Cd i~ 7 t . 3 ~~~ ~ T ' ~mU Cf'` ' '. i (State relevant circumstances, e.g. renunciation, death of executor, etc.) ' `r ~ _, Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted afte~~on ote ~_;_ instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated pew nd was:riot a .=__ ;^ party to a pending divorce proceeding at the time of death wherein grounds for divorce had been esta~j>ed as defined ~~ 23 Pa. C.S.A. § 3323(g): r'.> •~ ^ B. Grant of Letters of Administration (If 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(g), except as follows:- Name Address Relationshi to Deced~ UJl/ AllDI1lUNAL ~HN:L1~ I!' 1VL:CL~ JJAI(Y ant THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At Claremont Nursing and Rehabilitation Center, 1000 Claremont Road, Carlisle, Cumberland County, PA (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 86 years of age, died 3/30/2011 at Carlisle, Pennsylvania 17013 (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property $ ~ S~ a~° •'~° If not domiciled in PA Personal property in Pennsylvania $ , _If not domiciled in PA Personal property in County $ -Value of Real Estate in Pennsylvania $ Total Estimated Value $ lS~, w.0.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signature(s) Name(s) & Mailing Address(es) ~"i i/ Christine H. Mahoney, 918 Gobin Drive, Carlisle, PA 17013 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page l of 2 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 be ore me this ~~ day of ~I~ . _ _ ~, r-. Signature of Counsel Required to Enter Appearance For the Register ~ ~ ~ rn ~c, _' ; DECREE OF PROBATE AND GRANT OF LETTER©~ ..3',. .__T...y ~i .~ 'T{ Estate of Joan H. Cleland ,Deceased File Number: 21- ~~,,, - ,; ; ~.fs Q - -~~ -~ nn AND NOW, this ~ day of ~ V ~' in consideration of the Petition on the reverse side hereon, satisfactory proo awing 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.) Christine H. Mahoney in the above estate and that instruments(s) dated 3/il/zoo3 described ir. the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. n Glenda Farner Strasbaugh,~~~ Register of Wills FEES: Letters ....................$ Will ........................ Codicil(s) ................. (3) Short Certificates /~ . l~ ( )Renunciations....... Bond ............................ Other ............................. Automation FEE......... 5.00 JCS FEE ................... 23.50 ~ ~~- TOTAL ................ $ Atty's Signature PRINTED Name: Michael A. Scherer, Esquire Supreme Court ID No.: 61974 Address: 19 West South Street _~, K-• __. ~, ~ - ~. Carlisle, PA 17013 Phone: (717) 249-6873 FaX: (717) 249-5755 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 105.805 REV (OI/07) ~J _//,r ~[~ 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 17450281 Certification Number This is to certify 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. L~it+R.~~t~~c~.~~X' ASR 1 / 2011 Local Registrar Date Issued ~ r..s ~ _ ~ _ "" ~~ ' ~ ~' t ~ ~ * r j -y ~T n ~ ~,a t;~a ~~LaZ~ ~ - ~~ r 7-i y ~ © -~ ~, _ ~ A (V ~,~ O CG. "fi'7 x,at:1~3 aEV 112006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE ~ PRNrt IN ~R"ANO~ CERTIFICATE OF DEATH lNAt~c ~~ (See Inshuctlons and exmnples on reverse) STATE FllE NUMBER ~' i. Ner a Dearr p;r, midib, bet. MW z. 5r a Sacbl Sea.Ny Nuihar a. Oam a Daetli pearl. b1'. yd Joan H. Cleland Female 192 _ 34 _ 7144 March 30, 2011 s. Ape par iMhday) IMa 1 IA1Ea 1 a DW a BeW 7. etl rre « e. PYr a Darn ar 86 Ma.. r6. xar w.re Feb. 24, 1925 Liverpool, Eng land "°'~ °"" r~ ^ ^ EA 1 ^ DOA Nurp xar ^ ReaUar ^ qw • Spedy A0._Cary W MWi Be. ply Bom~T.p. d OrM gland Mi esex 75 r ML Filly Nrr (q nr YrMrm~ One a0er rd B. Wr BerASY d llepric Odpb7 [xlb ^ Yr 10. Rra: Mrfan Mran~ BY0. NNb~ ele. N tlt CW Claremont Nursin &~leh bilit tio e p. ye.,ep y g n ( a a r, (sang) Center "~ "~ ~^~ ~) 11. D.rder. Uar dworkdar mars e.. De rtrW 12 Wr DandarN aer b tlm 13. DarerK. Edratlm (Spedly «+y Mprt title aarpbbE) 1!. WrW SW: MrM, New Wraq 15. Suvirp Spar At wNs, ~. nrbai mr) wrawom laraier.aaalbdrr u.s.AmmdFarer p~bry,/Sewabry(4,Z) eweN.lla«s«I m~dowtl,Dn«rdtsperyl Floral Arr er Florist Sh ^rr ®W 12 Widowed 18. D.ced,rira WipAdhre (9YrL dyllown, aIW, xlp DoE.) 901 NOtth West Street OecwdarY qd Dardad AdW Reeldar na sw PA tAm h. t7c ^ YeA Decadrll liras b T Carlisle, PA 17013 . wp. ,Th Caa.y Ctmlberland T°"n°"'D~ nil. ® ~a E.Nr~ C~liale ~1Baa 1BFNw.Nrne(FhLnem..rq.aullle) James Holden ,9.MalrraNrr(Fee4mldtlle'merarsur») Helen Duncan 20. hdarrierra Nrr (Type/ PdN Christine Mahoney 2m. eMrir.'a Wino Addnra (Shr, dlyl bon. emb, by meal 918 Gobin Drive, Carlisle, PA 17013 2ta Mtlbda Dlepriori ~ ^Crrwion ^Dormtlm 210. DrdDYpoWmpMmi,dry, yeeQ 21a PYrdDYpoallr (Nrmaa.rmlry,army«rhr ptol 21d.LrcaNm ((*y/br,are,~aEal ~iuEa1 ^ RrrdnrnSleb ~ ~ 1]rrUenr ~ ^ ^ April 4, 2011 Mt. 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Nrr rr"~°a~"'°~Wln CangNbtl CrrdDaM prm 271 TyaiPda _ ` D 0 ~° d ~ I~ I I I I I 1 ~ 1 ~ i ' p' ` "''°~ L~ ~ G ~, l u v r jls - DNpordon Pemr Na.':. ,..yl fo r~t LAST WILL AND TESTAMENT OF JOAN H. CLELAND I, Joan H. Cleland, of Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. FIRST I direct the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. SECOND I direct that any and all inheritance, estate and transfer taxes imposed as a result of my death for property passing under my will or otherwise shall be paid out of the principal of my residuary estate. THIRD I give and bequeath such of my personal property as may be listed on a signed and dated memorandum kept with my Will to the persons named thereon, provided they survive my death. Should such a memorandum not be found with my Will, it shall be conclusively presumed that none was prepared, and all of my personal property n shall pass according to the remaining provisions of this Will. ~° ~ti =~"'? ~~ w~ ~ ~ «~'f 4C ) ~ ~. rn r cry ~ ~ v7 _ ~ _-- - ,~~ ...., ,. ..... i I - i- G.J "Tl FOURTH I give, devise and bequeath the rest, residue and remainder of my estate as follows: Thirty-five percent to my daughter, Christine H. Mahoney; Thirty-five percent to my son, Curtis A. Cleland; Twenty percent in equal shares to each of my grandchildren, per stirpes; and, Ten percent in equal shares to each of mygreat-grandchildren, per stripes. FIFTH In the event a .portion of my estate passes to an heir under the age of twenty-two (22), then that portion of my estate passing to the heir shall be placed with that heirs' parents, as Trustees, who may act independently, under the following conditions: 1. My Trustees shall pay principal and income to or for the benefit of the heir during their life as my Trustees, from time to time, shall deem advisable for the health, maintenance, support and complete education of such heir and the members of his or her immediate family. In addition, my Trustees in their sole discretion may advance principal to said beneficiary against the fractional shares to be advanced hereunder for the costs of marriage, or the purchasing of a home or costs of entering a business or profession if my said Trustees shall deem such expense reasonably prudent. 2. Notwithstanding the foregoing provisions, after attainment of twenty-two (22) years, each heir may withdraw the principal of her trust valued as of said birthday or the date of division into shares. 3. In the event of the death of a trust beneficiary prior to age twenty- two (22) then my Trustees shall distribute any remaining principal and interest as such beneficiary shall appoint by specific reference to this power in his or her will, or if such power is not exercised in full, the unappointed principal shall be distributed to his or her issue, per stirpes, or in default of such issue, to my issue, per stirpes; provided, however, any portion of such principal, which would be distributed to any beneficiary for whom a trust is then held hereunder, shall be added to such trust. 4. Should the principal of any trust herein provided for be or become too small in my Trustees' discretion to make establishments or continuance of the trust advisable, my Trustees may distribute the remaining principal and any accumulated or undistributed income outright to the beneficiaries in the proportions to which they are then entitled. The receipts and releases of the distributees will terminate absolutely the rights of all persons who might otherwise have future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account with the court. SIXTH I confer upon my executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or time, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments;" to make distribution in cash or in kind; to allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries, in case or in kind, or partly in each; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. SEVENTH I direct that no trustee, executrix, guardian or other fiduciary named, nominated, or appointed by this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. I direct that the law of the Commonwealth of Pennsylvania shall apply to any interpretation or application of the validity of this instrument. EIGHTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to an heir, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. NINTH I appoint my children, Christine H. Mahoney and Curtis A. Cleland, Co-Executors of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in the margin for the purpose of identification, this 11th day of March, 2003. Q'a'^ (SEAL) Joan H. Cleland Signed, sealed, published and declared by the above named testatrix, Joan H. Cleland, 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. ADDRESS Z9o ~t%~Y,"•~• ~S'1 . ~ tlslT ~~ /'lo~~ `~ ~ 41 ~-DDRESS 5i7 ~ • ~~~1 nU~ -St' • /v1f - ~~ll s. p~ 7a b COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. We, Joan H. Cleland, ~/1 ~~~ ~ ~'/~~-~~ and ffrn Ct,t'idtZ L. r`lShe,~he testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument of his Last Will and Testament, and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this 11th day of March, 2003. n indev 3v ir.. 1_ ~~~ ._ .. ..~... ..... _. ~ _.~.~p... ~': ~- ir,~,'