HomeMy WebLinkAbout08-04-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Mary Eleanor Johns
a/k/a:
a/k/a:
a/k/a:
(If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate)
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
D A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (comlete Part also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary ,~ ~ ~underx;~ '
the last Will of the above-named Decedent dated 3/9/201 t ~;'~-~ '~!=? ~ ~
_____ _____ and codicil(s) dated ~,,.., ~:-~
~. ~ ~
cry ~ ~ ~;
_~ ~ ~- -
._ ~
(State relevant circumstances, e.g. renunciation, death of executor, e:tc.) ~ ~' ~ ' _=
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted afte ~ecution he = .-'-~
3..,`..o ski
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated p~on, and wpa n®t
party to a pending divorce proceeding at the time of death wherein grounds Por divorce had been established as ~fine~'~
23 Pa. C.S.A. § 3323(g):
^ B. Grant of Letters of Administration
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. § 33230), except as follows:
~.n,~.C aadress Relationsbi to Decedi
USE ADDITIONAL SHFF.TS iF NF.('F.CSARV
ant
THIS SECTION MUST BE COMPLETED:
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At 814 Flintlock Ridge Road, Upper Atlen Twp , Mechanicsbur4, PA 17055
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 90 years of age, died
Estimated value of decedent's property at death:
If domiciled in PA
If not domiciled in PA
_If not domiciled in PA
_Value of Real Estate in Pennsylvania
7/23/2011 at
(Month, Day, Year of death)
Deceased ESTATE NO: _21- ,/ ! a Sr
SS NO: 174-16-2634
Harrisburg Hospital, Harrisburg, PA
(City and State where death occurred)
All personal property $ 333,000.00
Personal property in Pennsylvania $
Personal property in County $
$ 400,000.00
Total Estimated Value $ 733,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.) 814 Flintlock Ridge Rd., Mechanicsburg, PA 17055; a~tael,r-~e^-t-
Signature(s) ~ _ ~ _ ,~
Name(s) & Mailing Address(es)
`' - Brinda J. Albright
41 Devonshire Square
Mechanicsburg, PA 17050
Intenm FArm 1tW-Q2 rev~~d 12.2b,10 by Cumb®rland CAUnty pond~ng aet~on by the ~aurt 1~~~ 1 ~f 2
Attachment to
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Marv Eleanor Johns ESTATE NO: 21- 1
Additional Real Estate in Pennsylvania: Tract No. 1 8± acres of undeveloped land in Newberry
Township, York County, PA and Tract No. 2 20± acres of undeveloped land in Newberry Township, York
County, PA
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 _.~.` ~ ''
bef me this ~ day of ~e
<<,.
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For the Regi er ~ ~ ~ , ~ ~'
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DECREE OF PROBATE AND GRANT OF LETTERS;+~~~Q~' ~
1/ 1.. ~.M3. ^~'
Estate of Mary Eleanor ]ohns ,Deceased File Number: 21- ~~~~ - ~ ~''~ C~
AND NOW this / ~ da of ~ ~ ~ in consideration of the Petition on
y ,
the r erse side hereon, satisfactory proof havin een presented before me, IT IS DECREED that Letters
Testamentary of Administration ~ are hereby granted to:
~~ f `~ /1' ~~ ~ ~f applicable, enter c.ta., d.b.n., d.b.n.c.ka., etc.) In
the above estate and that instrument (s dated ~ I ~ described in the petition be
admitted to probate and filed of record as the last Will and Co icil(s) of Decedent.
~d'lenda Farrier Strasba
Register of Wills
FEES:
Letters ....................$ ~~
Will ....................... ~ I
Codicil(s) ............... ~~~
(~~} Short Certificates
( )Renunciations.......
Bond ............................
Other .............................
Automation FEE......... 5.00
JCS FEE....,,.,......,,.. 23.50
TOTAL ................ $
Signature of Counsel Required to Enter Appearance
Atty's Signature
PRINTED Name: Martiin Y. Sponaugle
Supreme Court ID No.: 13623
Address: P.O. Bvx 4246
Lancaster, PA 17604
Pllorle: 717-682-7$73
Fax: 717-687-$273
Interim Form RW-Q2 revised 12.2b, lp by Cumberland C'punty pending wctipn by the ~our- ~~ ~ ~~2
OCAL REGISTRAR S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for- this certificate, $6.CIIJ ,rr~~~~~~~~-~-. This ' ~ t t ~ -t•f h~ h
n'''~p~,~(N OF pE'
~,ft'~~. ~Y~y~= Is c cal l y t at t e mformatron here given Is
corre(.~tly copied firom an original Certificate of Death
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Filed with me as Local Registrar. The original
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be forwarded to the State Vital
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Certification Number -..,,,,,,,,,,~~~
Local Registrar Date Issued
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H105-t43 REV 17/2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE /PRINT IN
"Ei4"TC CERTIFICATE OF DEATH
ISe@ 111StYlJCtI~ftA An[t PYAmnla• nn ~•v-see.\
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1. Name d OeadeM (Fast, nradds, Iasi, sulfas) 2. Sex 3. Social Security Number to d Deem (Month. y ~ D
Mary Eleanor Johns Female 174 - 16_ 2634
5. Age (Last Brddey) Under 1 r Under 1 6. Dale d Birth Monet, 7. and state or coon 6e. Place d Death Check on one
Mdzhs Days Hoixs Minutes
' Hospita' Diner:
• 9 0 Yrs. 12 / 1 2 / 1 9 2 O Johnstown , PA npatient ^ ER / outpatiem ^ DOA ^ Nursing Hama ^ Residence ^ OHier -Specify:
'
Bb. Cosnry d Death &. City, Born, Twp. d DeaM Bd. FadHry Norms (H nd instiUrOon, give street and rzanber) 9. Was Decedent of Hispanic Origin? [~ No ^ Yes t0. Race: American Indian. f3ladc White, etc.
•
Dauphin Harrisburg Harrisburg Hospital ("y°a•0~'°°n' (S/~N
Mexican, Pard l~it;an, e~.) White
11. Deeder's Usual Kind d wok done rtast d lih. Do nor state retired 12. Was Decedent ever in the 1 3. Decedent's Edtrcation (Speaty any hi
hest
rade com l
t
d 14
k
M
l S
Kind d Work
Homemaker
Kind d Bsrainess / Industry
Own Home
U.S. Ambd Faces?
~
^ vas No
Ekk7ment 1
~ " (o-7z~ g
g
p
e
e
)
CoNage ('-a a s+) .
er
e
taas: Monied, Never Married,
Wzkwed, Diwrced (Specify)
Widowed 15. Surviving Spouse (H wffe, give rt~aiden name)
• 16. Decedents Maiing Address (Street, city /town, state, zip code) Decedent's Did Decedent
Actual Residence , 7a. state PA ova in a t7c. ®Yaz, Decedent lived in C7 P P e r A 11 e n
814 Flintlock Ridge Rd
Twp
T~,p,
.
Mechanicsbur PA 17055 17b.County Cumberland ,7~,.^No,De~eaent,-;,,ea,e;g,;n
Actual L.irtkls of city / Bono
16. Female Name (Fret, midde, last, ssdfot) 19. Momefs Name (First, rtdde, maiden surname)
Verner F. Richey Naomi E. Boyle
20a. Infomsartts Name (type /Print)
Brinda Albright 20b. IntonnanYs Mailing Address (Street, city /town, atate..dp code)
41 Devonshire Sq. Mechanicsburg, PA 17050
21 a. Method d Disposition r ^ Donation
r ~ Crematbn
^ sera, ~ "~'
~ 21 h. Date d Disposition (Month. day, Year) 21 c. Plan d Dispaition (Name of amete aema a other
ry. ~Y P~•1
21d. Laetiar (City/town, state. zip code)
' W `
"~'"°""DOe"I°n""th"'~'d
^ otnar - Msdlel Ezamkrr/Cororwr'r ~ Ves^ No 7/26/201 1 Evans Cremation Sf~rvice Leola PA 1 7540
~ ~- atiig az such) z2b. License Number zzc. Name and Aadreaz d Farifiry e 1 unera Dine , nc
• - FD 013239 L 3401 Market St. Camp Hi1:1, PA 17011
Cartiplete ~ 23ac Dory when cerGlying
physican ' rat available at time d deem to 23a. To the best d my knowledge, death occurred at the time, date and place stated. (Signature and title) 23b. License Plumber 23c. Date Signed (Mordh, day, year)
any d deem.
~ Hears 24-26 mrsi be tartpbMd DY person
wfa pronoszaes deem. 24. T Deem a P Dead (Month r) ~ ~ 26. Was Case Referred b I Examirrer /Coroner fa a Beeson Other than Cremation a Danatbn?
M.
^ Yes
CAUSE OF DEAT}1(Sse Instruct nd sxa es) r Approximate interval:
Hem 27. Part I: Enter Hre -diseases, irQuriaz, a rArtpkcebons --
tfirosiy~ur~ ~.~ enter tennirwtl events such az ardiac arrest, r Onset m Deem
respiratory arrest
a ventricular fibrilati
im
' r
a
h
i Part 11: Fester other '
but not resuHkg ks rite underlying ease given h Part I. 28. Did Totxscoo Use Contribute to Deem?
^ Yes ^ Probabl
~gy
,
on w
a
s
ow
ng the e
r
91YEDIATE CAUSE (Final disease a i
1
- y
^ No ^ Unknown
( ry
condition resWlkrp in deem)
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29. HpFem~~a
Due a (a az a nce ot):
~
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~
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~ ~
~ ~ ''"" Dre9nam'•iHHn Pazt Year
^ Pregnard at time d deem
to
~~seause feted
on k
ie a.
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^
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-y
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DEfiLYINC CAUSE Due to (a az a
~ on.
~^L but pegwa wiHrn 42 days
^
/ ~ [ ~
(events "~ n death LAST fD.
r•~~9 ) c
~ ~ ' / ~ o
^
Due to (a az ai corgeq na Nd pregnant. but pregnarn 43 days W 1 year
• d. ~
r ^ Unknown H pregnant within the past year
30a. Was an Au
tapsy
Performed? 30b. Were Autopsy Find'irgs
Available Prior b Compbtias 31-of Deem 32a. Date d Irqury (ktonm. day. Year) 32b. Despite How I ~ Ocarred
~'
32c. Place d Injury. Florne, Farm, Street Factory.
d Cause d Deem?
~ ^ Honudde Office Building, eft. (Speci/YI
r--~~
^ Yes
L~YNO ^ Yes
^ No ^ Accident ^ Pendng ImreatigeCOn 32d. Time d Iryury 32e. Injury at Work? 321. H Tronsportatbn Injury (Specilyl 32g. Loation d 'injury (Street, cHy /town, state)
^ Suidde ^ Could N" be Detemrined M ^ Yes ^ No ^ Dinner /Operator ^ Passenger ^ Pecestrian
Other -Specify
33a. Certifier (dads Dory one) 33b. Sgneare and Title d Certifier
• CartHyfng physioisn (Physician sxsrtHying cruse d deem when ansdar physician haz prorrosxaed deem and compbfed Item 23)
To the best d my knowMdga, dam occurred due to the ease(s) and manner o sated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^
•
- - - - - - - -' 7
Pronounchg and artNying DhY•kl•n (PhYsidan tom proraundn9 deem and ertirykp to cause d deem
h
b
) 33c. License Number
33d. Date Signed ( day, Year)
- - ^
To t
e
est d my knowledge, dssm occured al tM tlme, esa, sod piece. and dw to the au
as(s) and manner a Bated- _ _ _ _ _ _ _ _ _
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Medial Ezamirrr/Coroner
On the lash d ezsminstlon end / a In
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on, deth occurred at the tlms, date. and place, and dos a the euays) end manner at stated.. ^ 34. N
am
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r~on Who ' Ca d Dee 27) Type
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35. s to and District N r `
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Disposition PermH No. ~.7 y ~ ~ ~ V
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LAST WILL AND TESTAMENT ~ Q '.w..~=
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OF ~~~
MARY ELEANOR JOHNS ~`~' ~ ca ~..
C> ~ ~.~~3
..y.+6EW
I, MARY ELEANOR JOHNS, of Mechanicsburg, Cumberland County, Pennsv`a-#iia, revoke
any prior Wills and declare this to be my Will. :.;~~.
FIRST: PAYMENT OF EXPENSES - I direct that the expenses of my last illness, funeral
and burial be paid from my estate as soon as practicable after my death.
SECOND: SPECIFIC BEQUESTS AND DEVISES -
A. I give all my tangible personal property, including autorriobiles and all other
articles of personal or household use, together with all insurance relating thereto, to my
daughter, BRINDA J. ALBRIGHT, if she survives me by thirty (30) days, and if she does not,
to my grandchild, CASEY D. HAMILTON, if he survives me provided that articles which are
not selected may be sold and the proceeds thereof added to my residuary estate. My daughter's
right and my grandchild's right of selection shall be personal to them and shall not pass to their
estate if they die before distribution is complete. My Executor shall pay, as an expense of
settling my estate, all costs of delivering such tangible personal property, including the costs of
packaging, delivery and insurance.
B. I give the sum often thousand dollars ($10,000.00) to my daughter, DONNA
DALENE SKOLODA, if she survives me, and if she does not so survive me, the respective
bequest shall lapse and constitute part of my residue estate
THIRD: DISPOSITIVE PROVISIONS - I give the residue of my estate, real and personal,
to my daughter, BRINDA J. ALBRIGHT, if she survives me by thirty 1;30) days; and if she
does not, I give the residue of my estate, real and personal, in equal shares to my grandchild,
CASEY D. HAMILTON, if he survives me by thirty (30) days. In the event there is no one
living who is entitled to receive the residue of my estate under the foregoing provisions, I give
the residue of my estate to my heirs, distributed according to the intestacy laws of the
Commonwealth of Pennsylvania.
FOURTH: PAYMENT OF DEATH TAXES - 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 Will, shall be paid from the principal
of my residuary estate, and no person receiving or having a beneficial interest in any such
property, whether under this Will or otherwise, shall at any time be required to contribute to or
refund any part thereof
FIFTH: PROTECTIVE PROVISIONS - No interest in income or principal shall be
assignable by, or available to anyone having a claim against the beneficiary before actual
payment to the beneficiary.
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SIXTH: RIGHTS IN INCOME -All income which is undistributed and accrued at a
beneficiary's death shall be treated as if accrued thereafter.
SEVENTH: MANAGEMENT PROVISIONS - My Executor and their successors, shall
have the following powers in addition to those given by law to be exercised by them in their
absolute discretion, which powers shall be applicable to all property held by them, effective
without the order of any court and until the actual distribution of all such property:
A. To retain and to invest in all forms of real and personal property, including
common trust funds operated by any corporate fiduciary, regardless of (i) any
limitations imposed by law on investments by executors or trustees, (ii) any principle of
law concerning delegation of investment responsibility by executors or trustees, or (iii)
any principle of law concerning investment diversification;
B. To compromise claims and to abandon any property which, in my Executor's
opinion, is of little or no value;
C. To borrow from anyone, even if the lender is an Executor hereunder, and to
pledge property as security for repayment of any funds borrowed;
D. To sell at public or private sale, to exchange or to lease for any period of time,
any real or personal property, and to give options for sales or leases;
E. To make loans to, and to buy property from my Executors;
F. To join in merger, reorganization, voting trust plan or other concerted action of
security holders, and to delegate discretionary duties with respect thereto;
G. To allocate any property received or charge incurred to principal or income or
partly to each, without regard to any law defining principal and income;
H. To use administrative or other expenses of my estate as income tax or estate tax
deductions and to value my estate for tax purposes by any optional method permitted by
the law in force when I die, without requiring adjustments between income and
principal for any resulting effect on income or estate taxes;
I. To carry securities or other property in the name of a nominee; and
J. To distribute in cash or in kind and to allocate specific assets among the
beneficiaries (including any trust hereunder) in such proportions as my Executor may
think best, so long as the total market value of any beneficiary's share is not affected by
such allocation.
K. I appoint the Executors, as Guardians of the estate of any minor who has no
other Guardian of his or her estate, with power to hold for the minor all property
payable by law to a Guardian appointed hereunder and to use the same for the minor's
-2-
exclusive benefit, after considering other available resources and economies of taxation.
L. To employ accountants, agents, investment counsel, brokers, bank or trust
company to perform services for and at the expense of my estate hereunder for which
such services are performed and to carry or register investments in the name of the
nominee of such agent, broker, bank or trust company. The expenses and charges for
such services shall be charged against principal or income or partly against each as my
Executor may determine. My Executor is expressly relieved of any liability or
responsibility whatsoever for any act or failure to act by, or for following the advice of,
such accountants, agents, investment counsel, brokers, bank or trust company, so long
as my Executor exercise due care in their selection. The fact that an Executor may be a
member, shareholder or employee of any accounting, investment or brokerage firm,
agent or bank or trust company so employed shall not be deemed a conflict of interest,
any compensation paid pursuant to this subparagraph shall not affect in any manner the
amount of or the right of my Executor to receive commissions as a fiduciary.
These authorities shall extend to all property at any time held by my Executor and shall
continue in full force until the actual distribution of all such property. 7,hese authorities shall
be in addition to those granted by law and shall be exercisable without t:he leave of court.
EIGHTH: POWER OF APPOINTMENT. I decline to exercise an;y power of appointment
given to me under any Will, Codicil or Deed of Trust.
NINTH: EXECUTOR. I appoint my daughter, BRINDA J. ALBRI(~HT, executrix of this
Will. If she should fail to qualify or cease to act, I appoint my grandson, CASEY D.
HAMILTON, as the executor in her place. No executor shall be required to give bond.
Whenever the term "executor" or "executrix" is used in this instrument, such term shall be
construed to include the plural and proper gender. Any executor may resign at any time
without court approval. All powers, authorities and discretions conferred upon and granted to
my executor named herein shall extend to and be exercisable by any successor or successors,
either appointed herein or by a court of proper jurisdiction.
IN WITNESS WHEREOF, I have hereunto set may hand and seal this-=~~~ ~~ day of March,
2011, to my Last Will and Testament consisting of three pages.
,vim ~-~a~..e1
MARY EANORJ HNS
In our presence the above-named Testatrix signed this and declared it to be her Will, and now
at her request, in her presence, and in the presence of each other, we sign as witnesses:
~~
residing at ~~-
residing at C=~,c~~.c,.~ /~~
-3-
COMMON WEALTH OF PENNSYLVANIA.
COUNTY OF S~w~b~ ~ 1av~o1
We, MARY ELEANOR JOHNS, ~,,,~ c 1 and r~'~r ~. s o 1~ ,the
Testatrix and witnesses, respectively, whos names signed to the foregoing Will, being first duly
sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the
foregoing instrument as her last Will, in the presence and hearing of the witnesses and that she had
signed willingly and that she executed it as her free and voluntary act for purposes therein expressed,
and that each of the witnesses, in the presence and hearing of the Testatrix, anti each other, signed the
Will as witness and that to the best of their knowledge, the Testatrix was at that time eighteen years of
age or older, of sound mind and under no constraint or undue influence.
MARY EANOR .TO S, Testatrix
~~ ,
Wi ss
fitness
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ~.a-r•~as~e.r
On this, the ~ ~ day of March, 201 1, before me, a Notary Public, the undersigned officer,
personally appeared Martin Y. Sponaugle, known to me or satisfactorily proven to be a member of the
bar of the highest court of Pennsylvania, Supreme Court ID Number 13623, anal certified that he was
personally present when foregoing acknowledgment and affidavit were signed by the testatrix and
witnesses.
In witness whereof, I have signed my name and affixed my seal.
IVY- (SEAL)
Nota ublic
Commission Expires:
CUNA~iONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Angela M. Caldwell, Notary Public
Manheim Twp, Lancaster County
M commission ex fires November 18, 2014
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