HomeMy WebLinkAbout04-06-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Newell M. Ryder / _ I r_ ~ ~~
File Number /
also known as
Deceased Social Security Number 193-24-2289
Petitioner(s), who is/aze 18 yeazs of age or older, apply(ies) for:
(COMPLETE A' or 'B' BELOW.)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor
last Will of the Decedent dated October 17, 2007 named in the
and codicil(s) dated None
(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 execution of the instrument(s), offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
(Ifapplicable, entetr' c.t.a.; d.b.k.c.t.a.; pendente liter durante absentia; durance minoritcite)
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 above and complete list of heirs.)
Name ~..~_<___L._
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
(List street address, town/city, township, county, state, zip code)
County, Pennsylvania with his /her last principal resik
I
Decedent, then 78 years of age, died on March 7, 2011
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ark
at 617 Pazk Avenue, New Cumberland, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 4,780.00
(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 with this Petition and the grant of Letters in the appropriate form to
the undersigned:
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Form RW-02 rev. 10.13.06
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND :
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 representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the ~~ ~) day of
~'i I .~~I
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For Register
Representative
Signature of Personal Representative
Signature of Personal Representative
File Number: / ~ I I I~ 0 J
Estate of Newell M. Ryder ~ ,Deceased
Social Security Number: 193-24-2289 Date of Death:Mazch 7 2011
~h ~~ n +~ ' in consideration of the foregoing Petition, satisfactory proof
AND NOW,
having been presented
are hereby granted to _
'A.
,-,
IT IS DECREED that Letters Testamentary
in the above estate
and that the instrument(s) dated October 17, 2007
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES ~ ~ `" ~ ~
Regist of W: j
Letters ............... $ 'r
Short Certificate(s) ........ $ U Attorney Signature:
Renunciation(s) .......... $
~ ... $ ~,3 .'~0
... $ ~ ~ -
.. $
... $
... $
... $
... $
... $
... $
TOTAL .............. $
Attorney Name: Michael Cherewka
Supreme Court I.D. No.: 35073
Address:
Telephone:
624 North Front Street
Wortnleysburg, PA 17043
717-232-4701
Page 2 of 2
Form RW-02 rev. 10.13.06
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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 17298249
Certification Number
13 REV 11/!088
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This is to certify that the information here given correctly copied from an original Certificate of Deat
duly filed with me as Local Registrar. The origin
certificate will be forwarded to the State Vita
Records Office for permanent filing.
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Local Registrar ~ Date Issued
COMMONWEALTHAF PENNSYLVANIA. DEPARTMENT OF MEALTM • VITAL RECORDS
CERTIFlCATE OF DEATH
(Sae instnrctions and examples on roverae)
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LAST WILL AND TESTAMENT ,° ~~
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KNOW ALL MEN BY THESE PRESENTS, that I, NEWELL M. RYDE r
tlY ~ ,
residing in New Cumberland, Cumberland County, Commonwealth of Pennsylvari a teeing irk:' `-~ c7
good health and of sound and disposing memory do hereby make, declare and publ sh this as ixty ~
Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me.
FIRST: I direct that all of my debts not barred by the statute of limitations,
expenses of my last illness, funeral expenses, costs of administration and claims allowed in the
administration of my estate shall be paid by my Executor hereinafter named, from my estate as
soon after my decease as shall be found convenient:
SECOND: ~ bequeath my automobiles, household and personal effects and other
tangible personalty oflike-nature (not including cash or securities), together with any existing
insurance thereon, to my wife, JOAN A. RYDER. In the event that my wife, JOAN A. RYDER
should predecease me, I give, devise and bequeath my tangible personalty to my children, KARL
A. RYDER, KAREN R. NAPP and MICHAEL D. RYDER, in equal shares. If they are unable
to agree, then by making alternate selections of items in turn, with the oldest child choosing first,
until each has selected an equal dollar amount; provided that the share of anyone who
predeceases me or dies before the complete distribution of his or her share shall be distributed to
his or her issue per stirpes and in default of any such then living issue such share shall be added
to the share or shares for my other children, per stirpes
THIRD: I give, devise and bequeath the rest, residue and remainder of my estate,
whether real, personal or mixed, and of any nature whatsoever and wherever situate, to my wife,
JOAN A. RYDER. In the event that JOAN A. RYDER should predecease me, I give, devise and
bequeath the rest, residue and remainder of my estate, whether real, personal or mixed and of any
nature whatsoever and wherever situate, as follows:
~~
~~~~~~
A. One-third (1/3) thereof to my son, KARL A. RYDER, if he survives me.
If my son, KARL A. RYDER, does not survive me, I devise and bequeath his one-third
(1/3) share to his issue, per stirpes, who survive me, and if my son does not survive me
and does not have any issue who survive me, then his one-third (1/3) share shall be added
to the shares for my daughter, KAREN R. NAPP, and my son, MICHAEL D. RYDER.
B. One-third (1/3) thereof to my daughter, KAREN R, NAPP, if she survives
me. If my daughter, KAREN R. NAPP, does not survive me, I devise and bequeath her
one-third (1/3) share to her issue, per stirpes, who survive me, and if my daughter does
not survive me and does not have any issue who survive me, then her one-third (1/3)
share shall be added to the shares for my sons, KARL A. RYDER and MICHAEL D.
RYDER.
C. One-third (1/3) thereof to my son, MICHAEL D. RYDER, if he survives
me. If my son, MICHAEL D. RYDER, does not survive me, I devise and bequeath his
one-third (1/3) share to his issue, per stirpes, who survive me, and if my son does not
survive me and does not have any issue who survive me, then his one-third (1/3) share
shall be added to the shares for my daughter, KAREN R. NAPP, and my son, KARL A.
RYDER.
FOURTH: I hereby nominate, constitute, and appoint my wife, JOAN A. RYDER, as
Executor of this, my Last Will and Testament. In the event that JOAN A. RYDER shall
predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate,
constitute and appoint my son, KARL A. RYDER. All references to the Executor herein shall be
applicable to said substitute Executor. In the event that KARL A. RYDER shall predecease me,
or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, .constitute and
appoint my daughter, KAREN R. NAPP. In the event that KAREN R. NAPP shall predecease
me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and
appoint my son, MICHAEL D. RYDER. All references to the Executor herein shall be
applicable to said substitute Executor.
~ ~ ~ . 2
FIFTH: My Executor shall have, in addition to the powers and authority conferred
upon him by law, the following additional powers and authority:
1. To sell at public or private sale, exchange, transfer, partition, give options
upon, lease, mortgage, pledge or otherwise dispose of any property, real or personal, at any time
constituting a portion of my estate, and upon such terms and conditions as the. Executor shall
deem wise.
2. To invest any money at any time in such bonds, stocks, notes, real estate,
mortgages, life insurance, annuities or other securities, or such property, real or personal, as the
Executor shall deem wise, without being limited by any statutes or rule of law regarding
investments by the Executor.
3. To retain, without incurring any liability, as investments, any property
owned by me at the time of my .death, as long as my Executor may deem it wise, and even
though such property is not the kind of property an Executor would purchase as an investment;
and even though to retain such property might violate sound diversification principles..
4• To cause any security or other property which may constitute a portion of
my estate to be issued, held or registered in the Executor's own name, or in the name of a
nominee, or in such form that title will pass by delivery.
5• To consent to the reorganization, consolidation, readjustment of the
financial structure, or sale of the assets of any corporation or other organization, the securities of
which constitute a portion of my estate, and to take any action with reference to such securities
which, in the opinion of the Executor is necessary to obtain the benefit of any such
reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or
subscription right given to my Executor as owner of any securities constituting a portion of my
estate resulting from any reorganization, consolidation, readjustment, sale, conversion or
subscription.
~ ~~.
6• To pay all costs, taxes, charges and expenses in connection with the
administration of my estate, including such compensations to Executor which shall be in
accordance with established fees throughout the period of administration of my estate.
7• To determine what is "income" and what is "principal" hereunder, and my
Executor's decision thereon shall be final; and. to purchase securities at a premium or .discount
and to apply or charge said premium or discount against income or principal as the Executor may
determine.
g. The Executor may make, payments to or on behalf of any person who is
the beneficiary hereunder but in no event, however, shall payments be made to any creditor or
-other such person because of anticipation of payment by the beneficiary, and any such claim
made by way of anticipation by the beneficiary shall be of no validity or legal effect.
9. To borrow money from any person, firm or corporation, including any
corporation acting as an Executor hereunder, for the purpose of protecting and preserving or
improving my estate hereunder; to execute promissory notes or other obligations for amounts so
borrowed.
10. To employ legal counsel, accountants, brokers, investment advisors,
custodians, managers and other agents and employees and to pay reasonable compensation out_ of
my estate or any funds held hereunder to which said compensation is attributable.
11. To carry on any business owned or controlled by me at my death for
whatever period of time my Executor shall think proper, and my Executor shall .have the power
to do any and all things my Executor deems necessary or appropriate, including the power to
close out, liquidate or sell the business at such time and upon such terms as my Executor shall
deem best.
12. To do all other acts in my Executor's judgment necessary or desirable for
the proper and advantageous management, investment and distribution of my estate.
~~-/~,
~--
SIXTH: I direct that all transfer and inheritance taxes, state or federal, assessed
because of my death, whether the funds, property or insurance proceeds to which such taxes are
attributable pass under this. Will or not, shall be paid out of my residuary estate; that my Executor
pay, or provide for payment of all such taxes at such time, or times, and in such manner as my
Executor deems best.
IN WITNESS WHEREOF, I, NEWELL M. RYDER, the Testator to this, my Last. Will
and Testament, typewritten on six sheets of paper which I have identified at the bottom of .each
page by my signature, hereunto, set my hand and seal the _ l ~ day of
- U -~,~- 2007.
NEWELL M. DER
The preceding instrument consisting of this and five other typewritten pages, each identified by
the signature of the Testator, NEWELL M. RYDER, this day and date thereof signed, published
and declared by NEWELL. M. RYDER, the Testator therein named, as and for his Last Will, in
the presence of us who, at his request, in his presence, and in the presence of each other have
subscribed our names as witnesses:
5
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS
I, NEWELL M. RYDER, 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 that I signed it as my
free and voluntary act for the purposes therein expressed.
~.
NEWELL M. ER
Sworn or affirmed to and acknowledged before me by NEWELL M. RYDER, Testator,
the / day of ~i~j~iw , .2007.
(SEAL)
COMMON~~~hP~rN~:; ,; . < ,,~.
Notarial Sea ~ ._
Michael Cherewka, No1ar}, ;: ,,=r:
Wormleysburg Boro, Cumber!ar=r ;:;c:~.~~,,,.
MY Commission Expires ~,er ~-~ -°r:~,,:w
Member, Pennsvttanin .n=~- _
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
We l ~ ~oZtlL, and ,(ddb ~~
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 the instrument as his Last Will; that he signed willingly and that he 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; and that to the best of our knowledge the Testator
was at that time eighteen or more years of age, of sound mind and under no constraint or undue
influence.
Sworn or affirmed to and subscribed to before me by ~~ :~uyl vt.~e1
_~~ ~~ and
witnesses, this /7w' day of ~~> , 2007.
(SEAL)
~`~Nlic
~ s s, cJi- ;~c;~~tv~Y;..1lf`,Nd~~t
Noiaria4 Seal
Michael Cherewka, Notary Public i~
Wormleysburg Boro, Cumberland Courrty i
My Commission Expires Apr. 27, 2009 i
Member. Penns~d~~ania %a ~,~,~;,~;:,,. ~? nBotariec