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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.~_ s.ta.... ,7 U7 ^ ~C7 . 7 ~ USE ADDITIONAL SHEETS IF NE(:ESSAKY THIS SECTION MUST BE COMPLETED: tD _~: W c_r 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) ~7 T ,slt~; :~) (_.~ `, r, r'-+ ._'~ '--~ hJ ;rx c.n p -rr ~_„ 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 . ~~ ~ ~ ~U~ 2 0~2~~~ Local Registrar n Date Issued ~~ ~ x~ ~za x'"' ~ j z~ r- ~ c:.- '~~ ~g ~ ~' ; , ,. ~- J C ~ t.~ D -,-: rn ~7 COMMONWEALTH OF PENNSYLVANIA . DEPAR1rAklvTVF NEALTMSVrfAL RECORDS CERTIFICATE OF DEATH (ew Imtruadona and axamphs dNn revana) STATE nee mnaeen ,. wm.ao.a.a.prtit nldle.Iat rdW x. 9r a 9aaa 9raNy rn8r e. oNr d 011N Mrt, M. wr) Scot H Ireland . Male 165 - 5 - 67 June 17 2011 s Aw ar e`eaM Udr, Utlr, e. hr a aT T. rd r a a. rr August 8,1961 Harrisburg PA °""' , ^ ^ Eq / awba ^ adx ^ wap ~. ^ hnare ^ ana. sway: phrlyahln mur,Ioa,taP.aorn uPdMNrrslirNlwlaeyar.rraarllrl o.wrhraaawr.rope+ Ne rr ,o.R1ol:Malwnrlr,ebavnw,aa Cumberland ~" d 'Q" New Cumberland 803 Linwood Street "'''°' ' " dN.r.l Pwr Pbn, .~1 W to 1. arMtawl rrlr hrteYr /R Wet hria wnr h Nr 10. haedrM1 EOrINr (1P1rY aId hbler 9ad1 a•RW~ d1. 1WIl 9b1b: rlnbd Nber 1,mrd, 16. &rwNq &p1w p ah, NM nWdr irib~ Fac i 1 ~l'+CS ,aaaEallr/ba.ey u.a Nnn1e Faabi " ~L ei~,r I~+x) carom n. a s.l D ~ ~ ~ SUPERVALU ^ rr $1 ao Z Te.oleea.r. (aw,ay/bm,mr,Nporel hrd.a'. ~eeaN PA LM h AraIRrlYs n..swe nc. r«,hwdrAlMtlb T.n. 803 Linwood Street Cum er and Tc"'^~' ~ +m~, ,,,. ~„r,,,,~, ew um er an w u ~/~ 10. PrNat 1MMtnr~ nNdl1, rll nN•n) ,1. ro/bVe/bnrMnl, nddlA aldln rbrnbl Harold E. Ireland Doris Earner xo.. wNanrnre N•r (fyTa / P,hQ Therese Fiaher am 1NUnlnfe r1rlAEdaeelSEelt dy /bal rr, ~ coda 803 Linwood Street New C b , um erland, PA 17070 x,e. waaaalor•w ~ ^cunrr ^oaww x,n hrao1wl11n.Mai4, ~F•M ® °iNr ^ ""'""'"""~" ' z,n PrraotPellm MbrarmeMr•arrb7arrPrri nd.Imnm lay/Irn, err, ap rdN ' "rn'""'"a0e°`s11°'"1s° June 21 2011 ~ 4 draer nrlwdeaaart ^ vr^ N1 r Rollin Green Memorial li'ark Cam Hill, PA 1 7011 4 P xa. aPllr Ido.ble der re,dil ve. lbrbernlr mwc..aNm..dwfy ' FO 012342-L Stone & MurrayF.H., 408 3rd. 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' /1r~ r/rwry.,wmrinelrrwrwMraalarrewr__._______ ~ P --------------'------'- ((• t1 A7/ CND '"^~ ~ arrlyraeeagrlNlMelllr lP1N11dnh1b aYlb as 1 fitr WrNq,daaregl, Yla rer,edrlMar Prr. bdleblrlelN rtl rrnrreYM ^ __ 1 ' ~ ~/~ ~ ~ H EEa hb 8lpbd Maas dF.le1A /~ __________________ • rllrldalr/Crrr 33 • ~ U V Q 7 C Z~ / b OnlrhrraeNrralr rdlarwrlltln,bnryeNYaasalanarrrawNal,ry rr Nrel,rrlwblMeewyp ra lrsrewlL ^ MlY tlAda r r ertlPaean NnocrpewhwaCelb xTlTro1/Pae ~ loll/I°~I~I'I ~~ oii 2~ k 9 ' R' ~~ . . ~ v 3 1 TRlf D E P,y1L~ P/dl~tlll OrpciaPrrll•o, OCD/QStS~ 2~ ~~7,5'7~GVILL,/19NtD 2~~!i~/1~L~7Vr1' OF ~c~ Scot Ir~fattd ~~~? `Jn~ ~ C7 -s~ DECLARATION `~ ~o 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) r ^_ ~. ~-, .: r;° ~;; ~~ t.,, r ~ ;-; _ ; ; ~.a ; -~ ;- ~,~ _ ,~ -- ~`. c~, ~-~. ~~r~~ c "~ ~ i 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