HomeMy WebLinkAbout12-01-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Ruby Mae Lindsay File Number 21 ~~' ~~~»~_
also known as
,Deceased Social Security Number 164-30-3295
Donald L Lindsay and Cynthia K Hotchkiss
Petitioner(s), who islare 18 years of age or older, apply(ies) for:
(COMPLETE A' or '8' BELOW.)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtOfS named in the
last Will of the Decedent, dated 11/12/2007 and codicil(s) dated
State relevant circumstances, e.g., renunciation, death of executor, etc.
After the execution of the documents offered for probate: Decedent did not marry; was not divorced; 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); did not have a child born or adopted; was not the victim of
a killing; and was never adjudicated an incapacitated person, except as follows:
B. Grant of Letters of Administration
(Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pedente life; durance absentia; durante minontate)
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 on Section A above 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 establlshed as
provided In 23 Pa. C S.A. § 3323 (g), except as follows:
Decedent, then ~ years of age, died on 11/20/2011 at Chapel Point, 770 South Hanover Street, Carlisle, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) $ 358,500.00
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
situated as follows: 802 E. Louther Street
Carlisle, Pa 17013
g 139,500.00
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
Donald L Lindsay 2955 Bodder Road
f ~'~~ ~~~ /') '~ ~ ~~, Riegelsville, PA 18077
All personal property
Personal property in Pennsylvania
Personal property in County
Cynthia K Hotchkiss
488 Fivefoot Prong Lane
Camden Wyoming, DE 19934
~ __
Form R1N-O2 Rev. 12-2t3-2010 (interim form, pending action by the Caurt) Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 ~~
~ ~
~~
(COMPLETE IN ALL CASES.) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland •County, Pennsylvania with his /her last principal residenc a at "'-'
_, , .. ,
802 E Louther Street Carlisle, Cumberland, PA 17013 _ _ `~' -`'
(List street address, town/city, township, county, state, zip code)
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
couNTY of Cumberland } ~ - _
-, - -
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and corri~Ct `ta the best Uf ~
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and tr~+ty _
administer the estate according to law.
Sworn to or affirmed and subscribed
.S't
bef e e this day of
Fer the Register
Cynthia K Hotchkiss
Signature of Personal Representative
File Number: 21'~ ~ " 1~~~
Estate of Ruby Mae Lindsay ,Deceased
Social Secyurity N ber: 164-30- 5 Date of Death: 11/20/2011
AND NOW, sL , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Donald L Lindsav and Cynthia K Hotchkiss _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
in the above estate
and that the instrument(s) dated 11 /12/2007
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES Q Q
Letters.......... ... $
Short Certificate(s) ....................... $
Renu ciation(s) ............................ $ Attorney Signature:
~1 // $ - ~ Attorney Name:
r y i~ $ - ~ Supreme Court LD. No.
TOTAL..
~.'t'~'U'l~' . ~~U ~~~
Mark A. Mateya
Address: 55 W. Church Avenue
Carlisle, PA
Telephone: 717-241-6500
Form RW-U2 Rev, 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
~i-il - i~~~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph,
Fee for this certficate.~,b.00
P 17978719 _
Certification Dumber
This is to certii`. that the information here given i
correctly copied ~ rom an original Certificate of Deat
duly filed with um a~ Local Re,riStrar. The angina
certificate will be t<x~warded to the State Vi[n
Kecords Office hn permanent film«.
-~
~~ixv~ ~~~eu~ ~D x~.~ N~ 2 1 2011.
Local Registr~lr Date [slued
'~
~I _
-_
_ ,_~
L, - ,-
H70S~143 REV 11ItDOfi
TYPE / PRIM IN
PERMANENT
BUCK INN
VI
J
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse) STLTF FII F NI IMRF41
t. Name d Dacetlent (First, middle, as4 wda) Sex 3. Saiel Secuity flanber 4. Date of Deem (Monts, daY, year)
Ruby Mae Lindsay emale 164 - 30 -3295 November 20, 2011
5. Age (last 8inhday} Unda 1 ar Under 1 de 8. Data of anh Madh, de , ar 7. and state m fore wont fie. Pence d Dom ChecN onl one
t
ner:
74 ""`~" °a" """` """" June 24, 1937 Oakville, PA Hospital: O
yy,
~~
yyg, ^ Inpetlenl ^ ER / Oulpetient ^ DOA CJ Honing Hone ^ ResMenw ^ Odwr ~ SpeaN:
la. Coumy al Deam &. CiN, ro wp. of Death 6d. Faciay t~ Qf na insdtudon, Siva street arts number) 9. Wes Decedent a Hispark Ongm? ~ No ^Ves 10. Race: American Indian, Black, White, etc.
Cumberland Carlisle Cha 1 Pointe
Pe °'Yea, m«Ncabe"' is°e°`r'
Mexkan, PueM Riran, em.} White
• 1 t. DecedenYS Usual Oca lion Kind awak d ale ~ rwst of wo ~ Ida. Da not sUte retired n. wad Decedam aye m me 13. DecMenYs Educadan (Specify anN highest glade wnlpl atedj 14. MamAl Status: Marred. Navel Marred, 75. Surviving Spouse (if wife, gire maitlen name)
l
Knd of Work KIM of Busiressl Industry U.B. 0.mted Faces? Elementary /Secondary (0-12) College (td a Sr) VWdoweq Dlwrced (SVec
N!
is Nu Ho i al ^ vea }~] Ng 2 Neve Married
- 16. DecedenYS Maifing Address (Street, qty (town, sidle, riD code) Decedent's Ob Decedent
pA Uve in a t7c
Yes
DecMent Lrvlsd in Tw
^
id
R
770 South Hanover .Street p.
,
Actual
as
erx:e 17a. State
v~
r~-~I
Township) 17d.TJ No, Decedem lived wftnfi
Cumberland
Carlisle, PA 17013 ,7b.cptmN
Ac1ualLkrlitanf ~~;,,.yxale cdv/mro
18. Feme/s Neme (first, middle, lest, wHa) 19. Homer's Name (First, mitlAe, maiden wmamaj
John M. Lindsa N. Mae Fickes
20a. Informant's Name (Type / Pnnl) 200. InrormeM's Madkq Address (SOeet dry 1 form, sbb, zip code
PA 18077
Rei
eisville
ld
Road
2955 B
Donald Lindsay ,
g
,
o
er
21 a. Matnod a Disposition ^ Cremedon ^ Donelkn 21 b. Dale of D'npasidm (Madh, ley, Year) 21 c. Place d Oulpsakn (Nerve a cemetery, crematory a Omer place) 21tl. location (Cdy(twm, stela, zip coda)
Baial ^ Ramovelnanslata ~
®
°
~ Nov. 23, 2011 Prospect Hill Cemetery Newville, PA 17241
~
ef
Y ~
^Yea^Na
~Me~dT~Inm
- 22a. s Fw,,,al salyv;<a , a ac 22L license Nambar 22c. Name eM 0.ddless d FedN'y Hof fman-Roth Funeral Home & Crematory
~ 13144E 219 No h Hanov S Ca lisle PA 17013
Canpkl items 23ac anN when cenlryring
phyaiaen 5 ~ aysllabk at dme al deem ro 23e. Tome my ' ~dum ownmed at me time Wace sleled.ISignaNre and Idle)
lf L
_ //
L 23~ rim Num6ar
~"1'1~~1 23c. Date
~ t goad IMan ,day, Yur)
20 Zo
wni1Y cease of deem. _T
v
r
Itern9 2486 must ce Completed by person 2a. rime a aIh 25. Oete Prapurwetl (Nmnm, )
~ ~ 28. Wes Case Rafemad k edkal Examiner I Carona br s Raeson Omer men Cramatbn a Donaew7
^
was IxawuaRS loam. ~ (,~ eA. ~ ` Z~ vas
OauSE oR oEanf (See InsVUCblons aria exampb 1 I Approximate interval:
l e
ents stcn u cardiac erred
i Ornet to Deem
DO NOT
l
man
tl m
d
m
a Pert 11; EnOaf Omar '
buf not resultln
in the undertying cause gWen m Pen L 26. Did Tooacw Use Cwlribub to Dum?
^ Y
^ P
h
b
,
ex
e
v
e
ee
.
m
a
Item 27. Pan I: Enter the ctwm of events - tliseesu, kpunu, or wmpdradons -met directly causa
reslirebry erred. a ventricular Ymralalbn wahaul slxwdrg me elkbpy. UN ony aid cease w each tine. g u
ro
e
N
~ No ^ Unknown
IMMEDIATE CAUSE Flnel disease a t Q ~, ( ~ ` ~' e _
corwSnion ruuding in beam) _~ e
~ n (N'~ Vlgt [~~~~ `^^l~~~ i R• 29. fl Female:
^ Na t wimin ut
nan
ear
re
.
Due ro Ia u a oQ:
' ~. S(1 ~ , !,g h
I1y Tut condltima, g any, h g
P y
p
^ Pregnant of lime a deem
^
,
ro the cause laced w ale a. Due to la as a wnaequeae op:
UNDERLYING CAUSE Na pregnant, but pregnant wimin 12 days
of tlulh
{disease a kryury mat midaed the o
1
t
o
n143 d
l
a
^ Na
t
evens resuldrg in deaml UST. pregnan
,
Pregna
ays
0
ye
r
u
D~ k (or as a caueguence Dn:
tl before dam
^ Unknown d pregnant within me pest year
30a. Was an A"opsy 30b. Were Aubpsy FuWmgs 31. Manner of DeaM 32a. Daa of Inryry (MOnm, ley. year) 32b. Describe How Injury Owurmtl 32c. Place of Injury: Home, Fenn, Blree( Feaory,
Offw &illtling, ek. (SOeci/y/
Penamed7 Available Pria fe Candefion
of Cause of Dom? I~
IaNelural ^ Homicide
^ Awitlent ^ PeMhg Investigation 32d. rime of kyury 32e. mjury al WoAY.+ 321. II Trensponation Injury (Specify) 329. location of injury lStrae4 cdY I town, state)
^ Ves ~ No ^ Yes ^ No s ^ No
^V ^ Driver/Opereror ^ Passenger ^ Petlestnen
^ Suirrtle ^ Coats Nat he DabmdrlM M. e Omer 3pecvN.
33e. CeNder hack anN awl 33b. eM Title a Ce
Gorge P . Branseum
rti
~
Centtylrg phyalcian (Physiden cenN+rg cause a dam when aroma pnysidan has pronouncetl dam ant wnipletM Item 23) ,
P (yyyv,~
To the heat d my knowledge, Ham oculned due to tM cause(s) ant manner u anted' _ _ _ _' _ _ _' _ _ _' _"_' _' _ _ _ _ _ _' _ _ "'
33c. Lkenae
Numbm
)
33d. Date SSnao (MOnm, daY• Year
• PronouncMg ant carlMyln9 phyakian IPnystden wen prawurlalg deem ant ceNNirp b cease a deem)
d
^
br
M ^^
Q~6 Z~ IC
~ A
ffOV Ch'Y rJA+ ~l
10(I
e
__________________
mannerus
Te the hutdmy Anowbdga, deem oeCUned Nthe tmro,dab, and pbu,aM dwbtlb caues(d)a y r
• MMICeI ExamlMr/DOroMr
On the beele of exemxulbn and / or Inveeligetlon. In my Opmlal, death oCClxled at tlM tlma, tlata, ant place, eM duefo the Cause(d) and manner as stet•d. ^
34. Name ant Address of Person WM C~~.(pleted Cause a Deem (Item 27) Typo) PrlnlTM`~
n 21~gf.,A~ {{~ J
p
~~
Fe
M
M
tl
)
D
d V
~~
35. Regstnf end Dy~ )km6erl
I ;.~ I 1 I ~~. 1 1 I o I
-
~
~ On
.
nY. Year
ata
e
{
3fi.
ti
t ;
~ ~ ~ ~ ~ Ive(a~a., "j)~~e. C'~,r(.,~rs Pz 1'7 0 ( ~
eucc~ e,
e 4'1' . ~
-
~ p,
~
Disposition Pemnt No` (~ C`l LS Cif
--:,-~
LAST WILL AND TESTAMENT
_. y ._!J J
1 _* Yi
I, RUBY M. LINDSAY, of the Borough of Carlisle, County of Cumberland,
Commonwealth of Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void all former wills and codicils by me at anytime
heretofore made.
FIRST. I order and direct that all my just debts and funeral expenses be paid by
my personal representative or representatives, hereinafter named, as soon as conveniently
may be done after my decease. I further authorize my personal representative to expend
funds from my Estate in such amounts as my personal representative shall consider
appropriate, for the disposition and memorial of my remains.
SECOND. I give and bequeath my sideboard to my niece, DEBORAH SAMLEY,
if she survives me. If she should fail to survive me, I give and bequeath the same unto my
niece, DONNA SCHWANTZ.
THIRD. I give and bequeath my dining room table with four chairs unto my
niece, JENNIFER WITT, if she survives me. If she should fail to survive me, I give and
„bequeath the same unto my niece, SHONNA FRAIN.
FOURTH. I give and bequeath one of my two identical dressing tables unto my
Wt~YNG F. SHAD[
Attorney at Law
S, West Pomfret Stree'~
Carlisle, Pennsylvania
t~ol~
niece, JANETTE BARZANTI, if she survives me. If she should fail to survive me, l give
and bequeath the same unto my niece, JOY LINDSAY.
FIFTH. I give and bequeath the second of my two identical dressing tables unto
my niece, SUZANNE HOTCHKISS, if she survives me. If she should fail to survive me,
I give and bequeath the same unto my nephew, JASON HOTCHKISS.
SIXTH. If any of the aforesaid specific bequests of tangible personal property
y
WAYNE F. sHADh'.
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
should lapse for want of a surviving legatee, I order and direct that the item be distributed
as part of my residuary Estate. I authorize my personal representative or representatives
hereinafter named to distribute, in accordance with his or her discretion, any items of
tangible personal property, other than the aforesaid four specific items, from my Estate in
accordance with any of my wishes expressed in writing. Such tangible personal properly
shall be restricted to common personal possessions and shall not include cash, bank
books, stock certificates, bonds or the like unless otherwise expressly stated in my said
written wishes. In the event of any conflict between my said written wishes and this my
Last Will and Testament, this, my Last Will and Testament, shall control In the event of
my failure to leave a list, I order and direct that all of my said tangible personal property,
other than as specifically bequeathed herein, be liquidated and distributed as part of my
residuary Estate. In the event of the failure of any of the legatees, designated in any of
my said written wishes, to survive me, I order and direct that their bequests be liquidated
and distributed as part of my residuary Estate. In the event of the failure of any of the
legatees to survive me, nothing herein shall be interpreted to prevent my personal
-2-
representative or representatives hereinafter named from selling any of the items, which
would have passed to those legatees, to my other legatees at fair market value. In the
event of a dispute as to any aspects of the list, I order and direct that any such disputed
tangible personal property be liquidated and distributed as part of my residuary Estate.
SEVENTH. All the rest, residue and remainder of my Estate, real, personal and
mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my brothers
and sister, DONALD L. LINDSAY, JOHN G. LINDSAY and CYNTHIA K.
HOTCHKISS, in equal shares. If any of them should fail to survive me, I give, devise
and bequeath his or her share unto his or her spouse. If any of them should fail to survive
me and fail to leave a spouse to survive me, I give, devise and bequeath his or her share
unto such of his or her issue who shall survive me, in equal shares, by representation and
not per capita.
EIGHTH. For the purposes of this my Last Will and Testament, a person shall
not be deemed to have survived me unless he or she shall have survived me by more than
ninety (90) days.
NINTH. I order and direct that any estate, inheritance or similar tax due as a
WnvrvE F. SiinnE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsyh~ania
17013
result of my death with respect to any property passing as a result of my death, shall be
paid from the residue of my Estate before its division into shares and prior to distribution
as an expense of administration and that no part of the taxes should be prorated or
-3-
apportioned among the persons or beneficiaries receiving the taxable properly. It is my
express intention that all inheritance taxes imposed as a result of my death be paid from
the residue of my Estate whether or not the property passes under my Last Will and
Testament. My personal representative shall have full power and authority to pay,
compromise or settle any such taxes at anytime whether with respect to present or future
interests.
TENTH. I order and direct that any liens against any personal property which
,~
e
passes to a designated person either under this my Last Will and Testament or otherwise
shall be paid from the residue of my Estate prior to distribution as an expense of
administration and that such specific bequests of personal property not pass subject to any
liens thereon.
ELEVENTH. Any and all decisions, determinations or actions made or taken by
a personal representative hereunder, if made in good faith, shall be final and conclusive
on all persons who are or may become interested in my Estate. No fiduciary acting under
this my Last Will and Testament shall be liable for any error in judgment or for any
depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence
of willful default.
LASTLY. I nominate, constitute and appoint my brother, JOHN G. LINDSAY, to
WAYNE F. SHADF,
Atuxnev at Law
S3 West Pomfret Street
Carlislq Pennsvlcania
17013
be the Executor of this my Last Will and Testament, but if, for any reason, he should fail
-4-
to qualify as such Executor or decline or cease so to serve, I nominate, constitute and
appoint my brother, DONALD L. LINDSAY, and my sister, CYNTHIA K.
HOTCHKISS, to be the successive personal representatives hereof, all to serve without
bond.
IN WITNESS WHEREOF, I, RUBY M. LINDSAY, have hereunto set my hand
and seal to this my Last Will and Testament which consists of seven (7) typewritten pages
to each of which I have affixed my signature, this 12th day of
November , A.D. Two Thousand Seven (2007).
_ (SEAL)
Ruby .Lindsay
The preceding instrument, consisting of this and six (6) other typewritten pages,
each identified by the signature of the Testatrix, was on the date thereof signed, sealed,
published and declared by RUBY M. LINDSAY, the Testatrix therein named, as her Last
Will and Testament, in the presence of us, who, at her request, in her presence, and in the
presence of each other, have subscribed our names as witnesses hereto.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsyh~ania
17013
~.e~e-__
-5-
Acknowledgment
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
I, RUBY M. LINDSAY, the person whose name is signed to the foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will and Testament and that I signed it
willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by RUBY M. LINDSAY, this
wAYNE F. SHADE
Attorney at L,aw
53 West Pomfret Street
Carlisle, Pennsylvania
17013
12th day of November , 2007.
Ruby Lindsay
Notary Pu ;<c
OOMMO~IWEALTH OF Pt=NNSYLVANIA
NOTARIAL SEAL
CONNIE J TRITT. Notary Public
Carlisle Boro., Cumberland County
Affidavit My Commission Expires October 5, 2008 ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
~Ie, Wayne F . Shade
SS:
and Helen H. Shade ,the
witnesses whose names are signed hereto, being duly qualified according to law, do
depose and say that we were present and saw the Testatrix sign and execute the
instrument as her Last Will and Testament; that the Testatrix signed willingly and
executed it as her free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness;
-6-
and that, to the best of our knowledge, the Testatrix was at that time eighteen or more
years of age, of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by
Wayne F. Shade and Helen H. Shade ,witnesses, this
12th day of November , 2007.
- w~----
~.~-~~.
WAYNF. F. SNADF
Attorney at Law
?3 West Pomfret Stree
Carlisle, Pennsyivanis
17011
~~~
Notary Publ'
i~g°tYiR404`>.'.:rtL "r-! iiF Pl=.NNSYLVANIA
NOTARIAL SEAL !
CONNIE J TRITT. Notary Public
Carlisle Boro., Cumberland County
My Commission Expires October 5, 2Q08
-7-