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HomeMy WebLinkAbout05-13-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of HAZEL R. CALHOUN ,Deceased ESTATE NO: 21- ~~" ~~"~-~-' a/k/a: a/k/a: a/k/a: SS NO: 171)-12-9839 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 Testament<~ry under the last Will of the above-named Decedent, dated _ _05-31-2005 and codicil(s) dated __N_A ___ (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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapa~:.itated 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 absenti;~, 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~pending dixorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. ~ 3323(g), e~~as follovSzs~'~ ~~r..~ __ Decedent ~ ` ~ ' -l` Name Address Relati ,. _ _ ~. ~__ ~ -- !'1,j - ~4_... C . J '~ ~ r --% .b i~ USE ADDITIONAL SHEETS IF NECESSARY C n~ -~ --J `r Lf~ ~r~ THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 325 Wesley Drive, Mechanicsburg, PA 17055 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 92 years of age, died 03-31-2011 at Forest Park Nursing Home, Carlisle, PA (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: 300 , 000.00 _If domiciled in PA All personal property $ If not domiciled in P,A Personal property in Pennsylvania $ If not domiciled in P.A Personal property in County $ Value of Real Estate in Pennsylvania $ Total Estimated Value ~~~ ~ Location of Real Estate in Pennsylvania: (Provide full address if possible.) ~. Signature(s) Name(s) & Mailing Add.ress(es) 1014 Jenkins Greve(,~~,~Enola, PA 17025 ~ r~tKG ~~y Interim Foc4Fi RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 of 2 . ~ OATH OF PERSONAL REPRESENTATIVE ~ :_:~. ~-, -- ~~"z~. ; --T-y ~" ~-] .r; r r . --~ " ..A..~ ".... % Commonwealth of Pennsylvania ~' ~ ` ' ~ `-' ~~` County of Cumberland SS ~-~ `^ ~-~ c.~~~ . _ -, i ~ ~ --r-~i ..., ..._. _.. .~_. --. ` _ - _ J ~ ~3 r The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petitio>~~~e true ar~d ~~ ~ correct to the best of the knowledge and belief of Petitioner(s) and that, as personal repres>~itative(s) 'the ~'"' Decedent, Petitioner(s) will well and truly administer the estate according to law. DECREE OF PROBATE AND GRANT OF LE7,TERS Estate of HAZFT. R . CAT.HOUN , Deceased File Number: 21-_~_- AND NOW, this ~hday of Q , in consideration of the Petition on the reverse side hereon, satlsfactory proof having b presented before me, IT L'S DECREED that Letters ~~Testamentary of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) KAREN L. MOYER AND TERRY E. CALHOUN in the above estate and that instruments(s) dated 5-31-2005 de;~cribed in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. Register of Wills FEES: ~~®` OD Letters .................... $ Will ....................... N • " Codici 1(s) .............. . ( ~) Short Certificates D b ( )Renunciations....... Bond ............................ Other ............................. Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ .3`7~s Signature of Counsel Keq Atty's Signature ~~ to >h:nter Appearance l PRINTED Name: ~ Anl;ela R. Winslow, Supreme Court ID No.: ~3 7 7 7 3 James DeCinti, Escl. ID No.: 77421 Address: 1500 ONE GATEWAY CENTER Esquir~ Pit1tsburgh, PA 15222 Phone:412-281-2288 Fax: 412-281~~8~ Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 LAST WILL AND TESTAMENT OF HAZEL R. CALHOUN ~~ rte.. °.~.. _.__ Jry1ry ':'r `'~f _ AV f ~ .. , - , ,__ =~; ~ 1 -_ _J }~ - .~.._, _. __ __.~ ~, `~ T ~ I, HAZEL R. CALHOUN, now domiciled in Perry County, Pelinsylvania, declare this to be my Last Will and Testament. I revoke all other wills and codicils tr-at I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance, estate, and succession taxes (including interest ~~nd penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Article III I give, devise and bequeath my tangible personal property to m;y husband, FERMAN R. CALHOUN. In the event FERMAN R. CALHOUN predeceases me or fails to survive me by thirty (30) days, then I give, devise and bequeath my tangible person~~l property in accordance with any memorandum I have handwritten or signed, located with my will or with my valuable papers and found within 30 days of the probate of my will. Gifts many only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Article I~' hereof. A ,-4~; ..1 o T~ 7 All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath to my husband, FERMAN R. CALHOUN, of Perry County, Pennsylvania. In the event FERMAN R. CALHOUN predeceases me or fails to survive me by thirty (30) days, then I give, devise and bequeath all the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate IN EQUAL SHARES to nay children: TERRY E. CALHOUN and KAREN L. MOYER. However, if a beneficiary does not survive me by thirty (30) days, but leaves descendants who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share the beneficiary would have received had he or she survived me by thirty (30) days. 2 Article V I nominate, constitute and appoint my husband, FERMAN R. CALHOUN, as Executor of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executor, I nominate, constitute ar~d appoint my children: TERRY E. CALHOUN and KAREN L. MOYER, as successor Co-F;xecutors of my Last Will and Testament. I direct that my Executor or successor Co-Executors be permitted to serve without bond. In addition to those powers granted by law, I grant thf;m power to distribute in cash or in kind, in like or in unlike shares, and to file any qualified dis~~laimer I could have filed if living. My Executor or successor Co-Executors shall receive reasonable compensation for services rendered to my estate. Article VI In addition to the powers conferred by law, I authorize my Executor or successor Co- Executors, in his/her absolute discretion: (a) to retain in the form received and to sell either at publi~~ or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property withoutt being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (fj to file any federal income tax return for any year for which I have not filed such return prior to my death, 3 (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, HAZEL R. CALHOUN, hereby set my hand to this my Last Will and Testament, on ~.~ t ©~ , 2005, at Harrisb~~urg, Pennsylvania. c;.J- HAZ L R. CALIIOUN In our presence, the above-named HAZEL R. CALHOUN signed this and declared this to be her Last Will and Testament and now at her request, in her presen~~ce, and in the presence of each other, we sign as witnesses. Address 2000 Lin glestown Rd., Suite 202, Harrisburg , PA 17110 2000 Lin glestown Rd., Suite 202, Harrisburg , PA 17110 4 ' ~ . I, HAZEL R. CALHOUN, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and Acknowledged before me by HAZEL . CALHOUN, the Testatrix on ~~~ , 2005. ~~ ~ ~ No`t-any Pudic ~~ ~,~~ HAZE R.CALHOUN COMM NWE H OF P S LV Notarlai Seal Jeta C. Combs, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Oct. 21, 2068 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and Subscribed to before me by ~~~ ryl. ~~ and witnesses, on ,3 , 2005. ~,.. ~/ -__ ii ss ,~ Not ublic fitness 5 NWE TH OF PENNSyI,V Jeta C. Comte, Notary public Susquehanna Twp., Daupphin Count~yy My Commission Expires Oct. 21, 2068