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HomeMy WebLinkAbout06-27-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS ~7 Estate of ~~-LA-f~ ~ /C// ~~ ,Deceased ESTATE NO: 21- ~' /~ a/k/a: Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION'A' or °B' AND "C" as ~~a~p livable: atA. Probate and Grant of Letters Testamentary or p Administration c.t.a., or d.b.n.c.t.a. (eontplete Part C also) and aver that Petitioner(s) is/aze entitled to the aforementio d L rs !~'~S'~W-Q. y~ ~daz the last Will of the above-named Decedent, dated ~~ 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 bom or adopted ; instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated patty to a pending divorce proctedin~ at the time of death wherein ~roanda for divorce bad been 23 Pa. C.S.A. § 3323(8): ~ B. Grant of Letters of Administration P,~ on ~tlte ~ wt~ot a G7 ,!~&!~r ~ as ned~fi; ; µ-, T 7 C'J ~-~ ~'~a_ `r, i-. _~ 7~ C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the N following spouse (if any) snd 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 peadin~ divorce proeeedinE wherein;rounds ~r divorce had been established as provided is 23 Pa. C.S.A. §33230, except as follows:- eater d.b.a., pendent life, donate Dec Zent was domiciled at death in Cumberland County, Pennsylvani ith his/her last family or principal residence At ~ 2-~ tr~H t~ l3rA-W C,J ~,I4Q-L.t<4U~. ~A.- 1'7~ (Street address with Post Office and Zip Code, icl~~/ Township, ]jorough, City) Decedent, then to ( years of age, died ©~6 13 /20 l / at (iA w~ f> (-~1 t_L 'P~4- (Month, Day, Year of death) (City and State where death oxurred) Estimated value of decedent's property at death: _If domiciled in PA _If not domiciled in PA _If oaf domiciled in PA -Value of (teal Estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County Total Estimated Value Location of Real Estate in Sylvania: (Provide full address if possible.) /~A tture(~ S ~it)O~ • O C a a a S FCt7b~ O Nrmwld R M.il:.... AAd..Y-iii Inmrim Form RWA2 reviaHl 12 ~R to I,., t•...«r...t-«a r,.,.-«. W~:__ __.:__ ~.. . ~_.._ f ~ ~ I~ Page I oft r THIS SECTION MUST BE COMPLETED: 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 adm Sworn to or affirmed and subscribed before me this day of For the Register N r~; DECREE OF PROBATE AND GRANT OF LETTERS Estate of ~ -~ C , Deceased File Number: 2I -_.~__-~ AND NOW, this~~ day of < < , in consideration of the Petition on thf' averse side hereon, satisfactory proof h mg been presented before me, IT IS DECREED that Letters -Testamentary _ of Admi stration are hereby granted to: r'1 ~ I A (~ ., ~ _ lit~PP~~, eater c.ti, d.0.n., d.0.ae.ta., ate.) in ~~ fz ~~ ~ Y~T ~~ ~~ the above es~ate,and that mstruments(s) dated _ ~(3 ',Y,CX,o described in the petition be admitted to probate and filed of record as the last Will d Co icil(s) of Decedent. h lends Farner Strasbaugh, Register of Wills FEES: Signature of Counsel Required to Enter Appearance Letters ....................$ ~ ~ ~ Will ........................ Codicil(s) ............... .. (Short Certificates ~, ( )Renunciations....... Bond ............................. Other ............................. Automation FEE......... ~ 5.00 JCS FEE .:.:............... I 23.50 ,~ TOTAL ................$ ' 0 Atty's Signature PRINTED Name: Supreme Court ID No.: Address: Phone: Fax: Interim Forth RW-02 revised 12.2$.10 by Cumberland County pending acrion by the Court Page 2 of 2 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 17451591 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 #br permanent filing. .R~~1~N,b~.>~c- JIIN Z ti/2411 Local Registrar Date Issued "+m+w ~'+,~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL R'ECOFlD6 CORONER'S CERTIFICATE OF DEATH eLAac NaI 933-046 (Sae InaWetlom axLA a%~mpha on nvaxaa) arAre Flu: 25 ra C .~ G7... ^a -' C , N ('+ i ~ ~~ ~ fi=r.' C~ O ~ ~ N ~o~ ,. Mxraar•1°x~gal. Maw. W. W) ¢9r 0.8aY x•aNb Nmaa ~ ahbaOrr Main M.I.NA Helen C Relle Female - - June 13 2011 x. A°N M1.a wNa.Y) Ibeaf UMwt 0.pINa9M 7. ar aaNa Y. 11rNNd ONah ~ ..r rr. Bedford P . 60 ra. Au uet 5 1450 ' p' ^bar.x xnrapiw oa ^wara+br ^pwpreN par-Por+M Nuc•agaorn ea an Gnw ~ asFNr/Irwa.pmN.wam.0+w.a.aaweal ..wrorNaaxa "iwwogb+ ~I w ^ hr to R~°eAa.bn ban maL, vaaa as AIrA war oan IfirM arland a P nn boro 1 S irit Hoe ital p.arnnamLUAry White n.orNwa~uar a.aNma m'r ,¢Iwl aNrwr wrbNa la OwdaA eNralr ay rpr ao.V+M 7l rrNa xb°c E1rYlIMr°baYa ,0. ®^r'L'V ~•Ie•w. uN. mNbr rrU Nfaa WdY laaaxrlrrr bwrl u.s.Mre FNiNra EbaaNrNr a•cabq 1x1 Mwlljas.l Yxd°•Nd C"arNl~baapl .School Teacher Public 1 ^~* 7~ND 10. parYaNrra Aalw MrM, drl,gn. rrA,Lrwl ~xeNNaNa ° " 01 °'" 1226 White Birch Lane AarRNilas,laBab PA u ab n „a^w..oNreMUrab ~. 10 " ' Carlisle, PA 17013 ,m.carr Cumberland na~ "' b ~ LA.NaNw C ~ a arlisle on,ea• ,a rr.t a.rlrxa, Mar, rt aaq William R Bell 1°."a"""`""""'"m""rw""'.."' e . Y Helen C. 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BEARD ~ ~ ,.,. ; .. r_ n> c~. I, HELEN (KELLEY C. BEARD, having my legal residence at 1226 White Birch Lane, Carlisle, Cumberland County, Pennsylvania, hereby declaze this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE I am currently married to JAMES BEARD, however, a divorce is pending. I have intentionally and with full knowledge chosen to exclude JAMES BEARD from any distribution under my Will. ARTICLE TWO I have no children. ARTICLE THREE I direct the payment from my estate of the expenses of my last illness and funeral as soon after my death as conveniently may be done. ARTICLE FOUR I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon shall pass with the residue of my estate. ARTICLE FIVE I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate to my cousin, STEPHEN KACHMAN, provided he survives me by thirty (30) days. If he fails to survive me by thirty (30) days, I give the remainder of my estate to his descendants, per stirpes, provided they survive me by thirty (30) days. ARTICLE SIX If at any time there is no beneficiary entitled to all or any part of my estate, I give the remainder of my estate, in equal shares, to my friends, JEAN LEWIS and VICTORIA BAKER, or the survivor of them. ARTICLE SEVEN No beneficiary or remaindemian under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or any trust created hereunder in any manner, nor .shall any interest of any beneficiary or remaindernian be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE EIGHT If any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, 2 or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE NINE Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes be paid from such Qualified Retirement Plan or IRA assets. ARTICLE TEN I appoint my cousin, STEPHEN KACHMAN, as Executor of my Will. If he is unable or unwilling to serve, I appoint my friend, JEAN LEWIS, as Executor of my Will. I give to my Executor, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to be exercised from time to time in the discretion of my Executor, without further order or license of the Register of Wills or of any court: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 3. To engage in litigation and compromise, arbitrate or abandon claims; 3 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to pazticulaz distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To manage, control, repair and improve all real property; 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor to protect the Executor and the estate against any hazard; 9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, caze, administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the estate assets; 11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the dischazge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or 4 hereafter be conferred on them by law or that may be necessary to enable the Executor to administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor shall receive reasonable compensation for her services performed as determined by the court in which this Will is admitted to probate. ARTICLE ELEVEN I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified temrinable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. 5 ARTICLE TWELVE I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such properly, whether under this my Last Will and Testament or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this -~ day of 2006, set my hand and seal to this my Last Will and Testament, consisting of six (6) pages. ~ c, LEN (KELLE C EARD SIGNED, SEALED, PUBLISHED and DECLARED by HELEN (KELLEY) C. BEARD, the above named Testatrix, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Residence _~~~~(1 ~C.~-(,L_ rT/ ~~3 ~m'~ ~ • ~~ Residence -~ ~rrkcy , P~ ~~a33 6 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, HELEN (KELLEY) C. BEARD, ~~,~,,~~ '~ ~~ (~ Jp and ~on~l R. gcn 1cvS ,Testatrix and witnesses, respectively, whose names are si~gned~to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose 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 his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~~ TE TA ~8~ WITNESS wITNESs Subscribed and sworn to and acknowledged before me by HELEN (KELLEY) C. BEARD, the Testatrix, and subscribed and sworn to before me by ~LtSQ~ ~ [~. ~ 1 i ~ and ~onG l R . Qan k~ s ,witnesses, on this JUL 2 0 2006 ~~ Notary Public COMMONiNEALTH OF PENNSYLVANIA Notarial Seal Linda L Fetterho$ Notary public Derry Twp., Dauphin County My ~m+asion Expires Nov. 8, 2007 Member, Pennsylvania Association Of Notaries