HomeMy WebLinkAbout08-29-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WII,LS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Scot Ireland ,Deceased ESTATE NO: 21- 7 ~ - ~ q~
a/k/a:
a/k/a:
SS NO: 165-58-6748
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
O A. Probate and Grant of Letters Testamentary or ^Administration e.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 under
the last Will of the above-named Decedent; dated 6/17/2011 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 born or adopted after execution of the
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated 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(8):
^ B. Grant of Letters of Administration
(If applicable, enter d.b.a., pendent life, duraute abxntla, donate miuorffate)
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 e.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 /tilling; was never adjudicated an incapacitated person; and was not a party to rending diveice
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), ex followsy.~_
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USE ADDITIONAL SHEETS IF NE(:ESSAKY
THIS SECTION MUST BE COMPLETED:
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At 803 Linwood Street New Cumberland PA 17113, Borough of New Cumberland
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 51 years of age, died 6/17/2011 at New Cumberland, PA
(Month, Day, Year of death) (City and State where death occurred)
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
All personal property
Personal property in Pennsylvania
Personal property in County
Total Estimated Value
Location of Real Estate in Pennsylvania: (Provide full address if possffile.)
$ ~~
$ _- __
Signature(s) Name(s) & Mailing Address(es)
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~_„ Therese ]. Flsher, 803 Linwood St., New Cumberland, PA 17070
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 of 2
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 td or affirmed and subscribed
before me this~iy of
i~vr urc ncSr~tc[
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of _~_~ (P.I~ nU Deceased File Number: 21- T~I f -~
AND NOW, this ~ day of ~}(,~,~~-~- ~~_~ in consideration of the Petition on
the reverse side hereon, satlsfactory proof ha~v g 'been presented before me, IT IS DECREED that Letters
,Testamentary _ of Administration are hereby granted to:
(if applirablq enter e.t.a., db.n., d.b.n.c.ta., ete.)
the above estate and that instruments(s) dated _
admitted to probate and filed of record as the last
- t I described in the petition be
and Codicil(s) of Decedent.
m
Glenda Farner Strasbaugh, ~ Cf'h
Register of Wills '~.1" ~ ~a.l~ZCS ~~.
FEES:
Letters ....................$ -c.~J~_
Will ........................ !~ . QO
Codicil(s) .................
(~) Short Certificates 5S ~ C(
( )Renunciations.......
Bond ...........................
Other .............................
Address: 549 Bridge Street
.................................
Automation FEE......... 5.00
JCS FEE ................... 23.50 Phone:
~,' ~(1 Fax:
TOTAL ................$
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Coutt
Signature of Counsel
Atty's Signatu~e'~ ~
PRINTED Name: Barbara Sumple-Sullivan
Supreme Court ID No.: sza17
New Cumberland, PA 17070
(717)774-1445
(717) 774-7059
Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate, $6.00
I P 17556868
Certification Number
q PEV 11ROON
E/PRMN
via
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 for permanent filing .
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Local Registrar n Date Issued
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COMMONWEALTH OF PENNSYLVANIA . DEPAR1rAklvTVF NEALTMSVrfAL RECORDS
CERTIFICATE OF DEATH
(ew Imtruadona and axamphs dNn revana)
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Scot Ir~fattd
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DECLARATION `~
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I, Scot Ireland, a resident of the commonwealth of Pennsylvania and
county of Cumberland; and being of sound mind and memory, 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 will and testaments and/or codicils
to last will and testaments heretofore made by me. All references herein to "this
Will" refer only to this last will and testament.
FAMILY
At the time of executing this Will, I am unmarried. The names of my
children are listed below. Unless otherwise specifically indicated in this Will, any
provision for my children includes the below-named children, as well as any
child of mine hereafter born or adopted.
Michael Ireland
Megan Fisher
Tiffany Fisher
Cory Fisher
DEBT
I direct that as soon as is practical after my death, the executor named
pursuant to this Will review all of my just debts and obligations, including last
illness and funeral expenses, except for those secured long-term debts that may
be assumed by the beneficiary of such property, unless such assumption is
prohibited by law or on agreement by the beneficiary. The executor is further
directed to pay any attorneys' fees and any other estate administration expenses.
The executor shall pay these just debts only after a creditor provides timely and
Page 1 of my Last Will and Testament ~ ~~ ~ (initial)
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DOC#500873988
sufficient evidence to support its claim and in accordance with applicable state
law.
I direct that any estate, inheritance, and succession taxes, including any
interest and penalties thereon, imposed by the federal government or any state,
district, or territory, attributable to assets includible in my estate, passing either
under or outside of this Will, be apportioned among the persons interested in my
estate in accordance with applicable state and federal law. My executor is
authorized and directed to seek reimbursement from the beneficiaries of my
estate of any taxes paid by my executor to the extent allowed by law.
If my executor cannot collect from any person interested in the estate the
amount of tax apportioned to that person, the amount not recoverable will be
equitably apportioned among the other persons interested in the estate who aze
subject to apportionment.
If a person is charged with or required to pay tax in an amount greater
than his or her prorated amount because another person does not pay his or her
prorated amount, the person charged with or required to pay the greater amount
has a right of reimbursement against the other person.
I further direct that if any beneficiary named in this Will is indebted to me
at the time of my death, and evidence of such indebtedness is provided or made
available to my executor, that share of my estate that I give to any and each such
beneficiary be reduced in value by an amount equal to the proven indebtedness
of such beneficiary unless: (i) I have specifically provided in this Will for the
forbeazance of such debt, or (ii) such beneficiazy is the sole principal beneficiary.
SPECIAL DIRECTIVES
that:
Notwithstanding any other provision of this Will, I furthermore direct
Therese J. Fisher is my sole beneficiary and should receive everything
including our home and contents, vehicles, 401K, Any and All Life
Insurance, current savings and checking accounts.
Page 2 of my Last Will and Testament- (initial)
PRIMARY REMAINDER BENEFICIARIES
I give, devise, and bequeath all of the rest, residue, and remainder of my
estate, real and personal, wherever situated, after payment of all my just debts,
expenses, taxes, and specific bequests, if any, in the percentages set forth below.
Unless otherwise indicated in this Will, these shares will be distributed outright
and free of trust.
1. Name: Therese J. Fisher
Relation: Fianc@e
Percentage: 100 °,6
DISTRIBUTION IF NO LIVING BENEFICIARIES
If at any time before full distribution of my estate all of my beneficiaries
are deceased and this instrument directs no other disposition of the property, the
remaining portion of my estate will then be distributed to my heirs determined
according to the laws of intestate succession, unless specifically disinherited
elsewhere in this Will.
EXECUTOR NOMINATION
I nominate my fiance, Therese J. Fisher, to be the executor of this Will.
If, for any reason, my first nominee executor is unable or unwilling to
serve or to continue to serve as executor of this Will, I nominate my fiancee's
daughter, Megan Fisher, to be the executor of this Will.
If, for any reason, all of the nominees designated above are unable or
unwilling to serve or to continue to serve as executor of this Will, I nominate my
son, Michael Ireland, to be the executor of this Will.
If none of the nominated executors are able and willing to serve or
continue to serve, and the vacancy is not filled as set forth above, the majority of
estate beneficiaries shall nominate a successor executor. If the majority of estate
beneficiaries are unable to nominate a successor executor, the vacancy will be
filled pursuant to a petition filed in a court of competent jurisdiction by the
resigning executor or any person interested in the estate.
Page 3 of my Last Will and Testament ~ ~l ~ (~tial~
MISCELLANEOUS EXECUTOR PROVISIONS
The term "executor' includes any executrix, personal representative, or
administrator, if those terms are used in the statutes of any state that has
jurisdiction over all or any portion of my estate.
My executor will have broad and reasonable discretion in the
administration of my estate to exercise all of the powers permitted to be
exercised by an executor under state law, including the power to sell estate assets
with or without notice, at either public or private sale, and to do everything he or
she deems advisable and in the best interest of my estate and the beneficiaries
thereof, all without the necessity of court approval or supervision. I direct that
my executor perform all acts 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.
If there are two co-executors serving, they shall act by unanimous
agreement. If there are more than two co-executors serving, they shall act in
accordance with the decision made by the majority of co-executors.
Subject to specific provisions to the contrary, I authorize my executor to
distribute a share of my estate given to a minor beneficiary, up to the whole
thereof, to a custodian under the applicable Transfers to Minors Act or Gifts to
Minors Act, if in the executor's discretion, it is in the best interests of the
beneficiary. The executor may also make distributions to a minor by making
distributions to the trustee of a trust created under this Will for a minor
beneficiary, the guardian of the minor's person, or the guardian of the minor's
estate.
No person named as an executor is required to post any bond.
I authorize my executor to make the following choices or elections in my
executof s absolute discretion, regardless of the resulting effect on any other
provisions of this Will or on any person interested in my estate or in the amount
of any of the taxes referred to: (a) choose a valuation date for estate or inheritance
tax purposes or choose the methods to pay estate or inheritance taxes; (b) elect to
treat or use an item, for either federal or state tax purposes, as either an income
tax deduction or as a deduction for estate or inheritance tax purposes; (c)
determine when a particular item is to be treated as taken into income or used as
a tax deduction, to the extent the law provides that choice; and (d) disclaim all or
Page 4 of my Last Will and Testament ~~ (initial)
any portion of any interest in property passing to my estate at or after my death,
even though any of these actions may subject my estate to additional tax
liabilities. No person adversely affected by my executor's exercise of discretion
under this clause is entitled to any reimbursement or adjustment, and my
executor is not required to make any adjustment between income and principal
or in the amount of any property passing under this Will as a result of any
election under this provision.
I authorize my executor, without obtaining court approval, to employ
professional investment counsel on such terms as my executor considers proper,
and to pay the fees of investment counsel as an expense of administration of my
estate. However, my executor is under no obligation to employ any investment
counsel.
I authorize my executor either to continue the operation of any business
belonging to my estate for such time and in such manner as my executor may
consider advisable and in the best interest of my estate, or to sell or liquidate the
business at such time and on such terms as my executor may consider advisable
and in the best interest of my estate. Any such good faith operation, sale, or
liquidation by my executor will be at the risk of my estate and without liability
on the part of my executor for any losses that may result.
SIMULTANEOUS DEATH
If it cannot be established if a beneficiary of my estate survived me, the
provisions of the applicable Uniform Simultaneous Death Act, as amended, or
any substantially similar successor act effective on the date of my death, will
apply.
NONLIABILITY OF FIDUCIARIES
Any fiduciary, including my executor and any trustee, who in good faith
endeavors to carry out the provisions of this Will, will not be liable to me, my
estate, my heirs, or my beneficiaries for any damages or claims arising because of
their actions or inaction, or the actions of any predecessor fiduciary acting
pursuant to this Will. My estate will indemnify and hold them harmless.
Page 5 of my Last Will and Testament _ ~~~_ (initial)
SAVINGS CLAUSE
If a court of competent jurisdiction at any time invalidates or finds
unenforceable any provision of this Will, such invalidation will not invalidate the
whole of this Will. All of the remaining provisions will be undisturbed as to their
legal force and effect. If a court finds that an invalidated or unenforceable
provision would become valid if it were limited, then such provision will be
deemed to be written, deemed, construed, and enforced as so limited.
Page 6 of my Last Will and Testament ~~ (initial)
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 memory, and under no
constraint or undue influence.
(Signature of Scot Ireland)
Date: ~ ' 7 ~ ~f
Page 7 of my Last Will and Testament s /y '~ (initial)
ATTESTATION
This last will and testament, which has been separately signed by Scot
Ireland, the testator, was on the date indicated below signed 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, at the testator's request,
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 yeazs of age or
older, of sound mind and memory and under no constraint or undue influence.
1. ~a~c~ d.7• ~U ~~
(Signature o witness) (Print Name)
Da • o~i
lloS (~A.nrOr/ ~r~ye.
(Address)
~IrI~P.ChA.r~-~5 burn, ~A IZ05'd'
(city, state, zrn)
(Signature o witness) (Print Name)
Da /l < < ~ V~_ lT 1J~--
(1Address) /D ~ ,Q
vQ-~ ~-~.w..l1sL1~~ 0.v>~ 1 a ~ ?O `i 0
(City, State, ZIP)
Page 8 of my Last Will and Testament ~ ~~ (initial)
SELF-PROVING AFFIDAVIT
Acknowledgment
Commonwe th of Pennsylvania
County of
I, Scot Ireland, the 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; and that I signed it willingly and as my free and voluntary act for the purposes therein
expressed.
Sw rn to or affirmed and acknowledged before me by Scot Ireland, the testator, this ~_ day of
20~.
Si afore of Scot Ireland Q(~
• ~ /~ - COMMONWEALTH OF PENNSYLVANIA
ipnature of Notary Public IIJJ N G TA R I A L ~i E A L
Tamalene C. Nimmelber~cr- Notary Public
(Seal) City of Harrisburg, Dauphin County
YYCOMMISSION EXPIRES DEC. 16, 2013
Affidavit
Commonwe th of Pennsylvania
County of
We V ~ and ~< ~tt~ V • ~.i't'CLrr- < < the witnesses whose names are
signed o the attached or foregoing instrument, being duly qualified ccording to law, do depose and say
that we were present and saw the testator sign and execute the instrument as the testator's Last Will; that
the testator signed willingly and executed it as the testator's free and voluntary act for the purposes
therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as
a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of
sound mind and under no constraint or undue influence.
Swo to or affirmed and subscribed to before me by ~ ~~ ~J ~ ~JC.hGrdLl- and
X11 ~ ~ o ~.\ .witnesses), this ~ day o 20~.
~..~~_~ ~ G" U
Si afore of Witnes~ Signature of fitness
~t~~0~ c~l~~ ,~
(Signature of Notary Public ~Lc_HG ~~~ O/ /
(Seal) C MONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Tamalene [. Nimmelberger-Notary Public
Clay of Harrisburg, Dauphin County
MY COMMISSION EXPIRES DEC. 16, 2013