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HomeMy WebLinkAbout07-18-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS rr}} Estate of I~,1 t- ~ ~. 1 p. h„ ~ ~'~~ (-- ,Deceased ESTATE NO: 21- ~~ -- (eY~~i a/k/a: T- a/k/a: a/k/a: SS NO: ` ~ ~~ ~ ~ ~~ 7 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or °B' AND "C" as a icable: A. Probate and Grant of Letters Testamentary or ^Administration c.t.., or d.b.n.c.t.a. (complete Part Calso) an aver that Petitioner(s) is/are entitled to the aforementioned Letters ~~LTk~ ~~ ~„~.y under the last Will of the above-named Decedent, dated~~_ ~,`? ~(g©~ _ and codicil(s) dated~~- _. _~~ .~ ~-, ~.~~ ~ r-r . ; -~, ,- _ ~ r j 2t C7 + . _ (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 t~ttion~Gi~the ! _' instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated ~ nd waa not a ' party to a pending divorce proceeding at the time of death wherein grounds for divorce had been ,wished as-~d_refined#~t,-`-' 23 Pa. C.S.A. § 3323(g): _~ --~- = ,~-; ~' r., c.~ ~.~, ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent life, durante absentia, durance 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 Relationsbi to Decedi USE ADDITIONAL SHEETS IF NECESSARY nt THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 5 y~ iti~ ~.-1~...-~ r~~~-ate. ~,~ c~.~~~ lY P ~- ~ ~~ d , s c r~ ,~b 1 ~..~. (Street address with Post Office and Zip Code, Municipality: Township, Borough, City)ii Decedent, then years of age, died ~ 1 at Cf4w t~ c ~ ti ~~ (Month, ay, Yeaz of death) (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property 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 $~-~OOd`C'` Location of Real Estate in Pennsylvania: (Provide full address if possible.) OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. -~~ ~, ~~ --, _s; _,__ -_-; E.~ ~ ~~ AND NOW, this 1 ~ th day of the reverse side hereon, satisfactory proof t/~Testamentary of Administration ~~ ~ C> 1 ~ , in consideration of the Petition on presented before me, IT IS DECREED that Letters (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) are hereby granted to: the above~tate and that in~truments(s) dated R - ~~]-- L`~`j described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. n t 1 ~ ~ f ~.:~~ Glenda Farner Strasbaugh, - y- Register of Wills ~ ~ , FEES: Letters ....................$ L .~ ~l Will ........................ " C ~ Codicil(s) ................. (~) Short Certificates ~~ ( )Renunciations....... Bond ............................. Other ............................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ m Signature of Counsel Required to Enter Appearance Atty's Signature PRINTED Name: Supreme Court ID No.: Address: Phone: Fax: Interim Form RW-02 revised I2.2G.10 by Cumberland County pending action by the Court Page 2 of 2 -b --t DECREE OF PROBATE AND GRANT OF LETTER ~U~ I harm ~- ~~,.~~ Estate of ~~ 'L ~~_, Deceased File Number: 21-~_- lios.iiz aEV vos WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR (FEE FoR rHis TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. CERrtFICarE .SS oo) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION OF f~EATH P~,ZN Of p~ \ ~F' titilll ~"i~ a/ ~c / CERT. NO. T6 3 ~ J~ ~. ~ ~ ~~~o~~..,. ~. ~. ~~~ July 12, 211 ~~ .f °~Q~_! Flate of Issue of This Cer;itkation ilt,9r~._ : a~_ Name of Decedent William L. Fisher First Middle _ last Sex _ Male Social Security No'. 199-- 34 - 8870 Date of-Death July 8, 2011 Date of Birth March 1,0, 1944 Birthplace L©ysville , PA Place of Death __ Manor Care Health Services ' Cumberland if t S.Middleton Tw Penns Ivania rac Race White i ~ Name County Occupation Installer Armed City, Borough 2r T~wnshlp Forces? {Yes or No) No .Decedent's Marital Status Never Marriel~lailing Address 940 Walnut Bottom Rd. Carlisle PA 17015 Informant _ Vickey Number Lynn Shirley Funeral Director Street James Cy cr Town,. F. Ni,ckei State Name and Address of Funeral Establishment_ Nickel. Funeral ..Home:,.... P.O. Box 91.0 Lo sville PA 17047 Part 1: Immediate. Cause ' Interval Between . Onset and'Death' (a)_ Presumed. Myocardial Snfarction b` ,.;•- ::: ~ ~., --~- C7 ~~ Part II Other Significant Conditions Manner of Death Natural i~X Accident Suicide ' Homicide ^ Pending Investigation Could not be Det ~ d Describe how injury occurred -n a ~~ ~~. -F-; -. errnme [~ Name and Title of Certifier__ Darryl Guistwite D.O. __ 56 Ashton St. , Carlisle, PA 17013 ' (M.D., D.O., Coroner, ME.) Address _-___ 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 ©riginal certificate vviU-be forwarded to the State Vital Records Office for permanent. filing. 50-455 'Co I Registrar of Urta{.Records Distr cf'NO, July 8, 2011 101 Barnett St. New Bloomfield' PA 17068 T Dat ~ Recewed by Loaal Registrar Street Adtlress Gty_ Borough, Township .. o _~ ; ~.52'~NIG.G 1~7VrD 2~;52AJK~'~V~Z' ~ ~ ~a ~-~ --, . O~ M^ .._ ~. lO~~ .. -~ r' _~ . _ L.' l ~~ ~; I, William Fisher, a resident of the Commonwealth of Pennsylvania and County of Cumberland; and being of sound mind, do hereby make, publish and declare this to be my Last Will and Testament, thereby, revoking and making null and void any and all other Last Wills and Testaments and/or Codicils to Last Wills and Testaments heretofore made by me. All references herein to this Will shall be construed as referring to this Last Will and Testament only. FAMILY CLAUSE At the time of executing this Last Will and Testament, I am unmarried have no children. RESIDENCY CLAUSE Having in mind the possibility that I may temporarily reside outside of, or simply be absent from the Commonwealth of Pennsylvania and County of Cumberland, at the time of my death, I elect and hereby declare that this Will and each and every disposition and provision contained herein shall be construed and regulated by and in accordance with the laws of said Commonwealth of Pennsylvania. It is my desire that this Will be probated in the Commonwealth of Pennsylvania, my place of domicile, and that the principal administration of my Estate be made in said Commonwealth of Pennsylvania and that none of the assets of my Estate which may be found in my place of domicile, be remitted to any other jurisdiction for administration or distribution. Page 1 of my Last Will and Testament ~~,~,~~ ~~~~ (Signature) 6169959_DOC.doc DEBT CLAUSE I direct that the executor named pursuant to this Last Will and Testament review (as soon after my death as practical) all of my just debts and obligations, including funeral expenses and the expenses incident to my last illness; excepting those long term debts secured by real or personal property which may be assumed by the Heir of such property, unless such assumption is prohibited by law or upon agreement by the Heir. The executor shall pay these just debts only after the creditor provides sufficient evidence to support their claim. My executor shall pay out of my gross Estate, as if they were my debts, and without proration or appointment, all estate and inheritance taxes, by whatever name called; (including any interest due thereon) becoming payable because of my death in respect to all property comprising my gross Estate for death tax purposes, whether or not such property passes under this Last Will and Testament. I further direct that if any Heir or Heirs named in this Last Will and Testament should be indebted to me at the time of my death, and evidence of such indebtedness is provided or made available to the Executor of my Estate, then that share of my Estate which I give, devise, and bequeath to any and each such Heir shall be reduced in value by an amount equal to the proven indebtedness of such Heir or Heirs, unless I have specifically provided in this Last Will and Testament for the forbearance of such debt, or unless such Heir is the sole Principal Heir. Page 2 of my Last Will and Testament ' ~h ~ ~Gc (Signature) PRINCIPAL DISTRIBUTION CLAUSE I give, devise, and bequeath to the persons named below (my "Principal Heirs"), if he or she, whichever the case may be, shall survive me, all of the residue and remainder of my gross Estate after payment of all my just debts, expenses, taxes, administration and specific bequests, if any, in the percentages set forth below. 1. Name: Vickey Shirley Relation: Niece Percentage: 100 In case such Principal Heir does not survive me, I direct that the share of my Estate which would have been given to such Principal Heir shall be distributed to: Dale Shirley. EXECUTOR APPOINTMENT CLAUSE (A) I nominate, constitute and appoint my niece, Vickey Shirley, to be the Executor of my Estate. (B) If, for any reason, my first nominee Executor should fail to qualify or be unable or unwilling to accept or to continue as the Executor of my Estate, I nominate, constitute and appoint my nephew, Dale Shirley, to be the Executor of my Estate. (C) If for any reason, all of the nominees designated above in Paragraphs (A) and (B) should fail to qualify or be unable or unwilling to accept or to continue as Executor of my Estate, I nominate, constitute and appoint my niece by marriage, Gail Shirley, to be the Executor of my Estate. EXECUTOR POWER OF APPOINTMENT CLAUSE (A) All directives in this Will that use by reference the word Executor mean and include any person named herein as my Executor (or personal representative, as may be defined under state law) and any person who may be acting in either capacity, at any time. Such person shall have broad and reasonable discretion under the directives of this my Last Will and Testament with respect to any property, real or personal, left by or held by me, or acquired by my Executor on behalf of my Estate. Page 3 of my Last Will and Testament , ~•l~f+i~f F~ (Signature) (B) I wish my Executor to have broad and reasonable discretion in the administration of my Estate, to have all of the powers permitted to be exercised by an Executor under state law, and to be able to do everything he or she deems advisable for the best interest of my Estate and the Heirs thereof, all without the necessity of court approval or supervision. I direct that my Executor perform all acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned in this Will, with relation to any such property, as if the absolute owner thereof; and in connection therewith, to make, execute and deliver any instruments, and to enter into any covenants or agreements binding my Estate or any portion thereof. (C) No such person named in, or appointed in connection with this Will in a fiduciary capacity shall be required to file any bond or other security for the faithful performance of his or her duties as such fiduciary in any jurisdiction; and if, despite this directive, a bond should be required, I request that it be accepted without sureties and in a nominal amount. NON-LIABILITY OF FIDUCIARIES Any fiduciary, including my Executor and any trustee, who in good faith endeavor to carry out the provisions of this Last Will and Testament, shall not be liable to me, my Estate, or my heirs, for any damages or claims arising because of their actions or inactions based on this Last Will and Testament. My Estate shall indemnify and hold them harmless. SAVING CLAUSE If a court of competent jurisdiction shall at any time invalidate or find unenforceable any provision of this Will, such invalidation shall not be construed as invalidating the whole of this Will. All of the remaining provisions shall be undisturbed as to their legal force and effect. If a court finds that an invalidated or unenforceable provision would become valid if it is limited, then such provision shall be deemed to be written, deemed, construed and enforced as so limited. Page 4 of my Last Will and Testament ~/,~,~ii~n C (Signature) IN WITNESS WHEREOF, I, the undersigned Testator, declare that I sign and execute this instrument on the date written below as my Last Will and Testament and further declare that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in this document and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence. (Signature of William Fisher) ssN: i y9-3 y-89 ~o Date: ~ t/4y..tT 21~ ZOOr9 Page 5 of my Last Will and Testament Q/,~ F~ (Signature) ATTESTATION CLAUSE This Last Will and Testament, which has been separately signed by William Fisher, the Testator, was signed, executed and declared by the above named Testator as his or her Last Will and Testament in the presence of each of us. We, in the presence of the Testator and each other, under penalty of perjury, hereby subscribe our names as witnesses to the declaration and execution of the Last Will and Testament by the Testator, and we declare that, to the best of our knowledge, said Testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. 1. (S' atu ' of witness) Date: ~ a ~ ~ J ©bY ~ . fir` (Print Name) (Address) ~Gu-I~sC~ ~ l~~ ~ ~~ ~ 3 (City, State, ZIP) 2. -`~ G~w•.- ignature of /witness Date: ~/ ~7/y~ Page 6 of my Last Will and Testament (Print Name) ~~ ~ (Address) (City, State, ZIP) (Signature) SELF-PROVING AFFIDAVIT Commonwealth of Pennsylvania County of Cumberland I, William Fisher, the undersigned Testator, being first duly sworn, do declare to the undersigned authority that I signed and executed the attached or annexed instrument as my Last Will and Testament and that I signed it willingly, that I executed it as my free and voluntary act for the purposes expressed in that document and that at the time I signed the document I was eighteen years of age or older, of sound mind and under no constraint or undue influence. Date: A V9 of T Z 7 ZOo~/ 4~r/,t~l~rr ft`slr,~ (Signature of William Fisher) We, the undersigned witnesses, being first duly sworn, do each declare to the undersigned authority the following: (1) the Testator declared to each of us that the attached or annexed instrument is his or her Last Will and Testament; (2) the Testator executed the will in our presence; (3) each of us, in the presence of the Testator, signed the will as witness; and (4) to the best of our knowledge the Testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. 1. ~ ~ ~~ ~~ ~~ ~~1.~ h a of witness) (Prin/tN° dame) ~._..(Signature of witness) (Print Name) Acknowledgement of Notary Public: Subscribed, sworn and acknowledged to me on this ~Z day of 20¢~ by William Fisher, as Testator, and _~c~ v G . Qw~h and ~` ~ ~~ ~ ~0.c-f , as witnesse~. Witness my hand and seal. Signature of Notary Public: _~_____--.______---__~__ ..w.._ Notarial Seal Cathy E. Fry. Notary p~iblic South Middleton Twp., Cumberland County My Commission Expires July 30, 2010