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HomeMy WebLinkAbout12-12-11PETITION FOR GRANT OF LETTERS n - ~; REGISTER OF WILLS OF ~~ ~~ RJR i~/`-N/.a COUNTY, PENNSYL~IA ~ -,- _~T^~ ~; .`-,~ Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specidz~eloyr,~and Ip- support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropr-l`o~: :~ - :, -" Decedent's Information nn +i ~ }=~-_ '" Name• File No•o[~ I '' ~ 1 ~ 1~'~~~~ ~ ~ ~;~ ar'lc/a: (Assigned by Register) ~.. -T a/k/a: a/k/a: Social Security No:.1_ ~~] -~'~- QD~~ Date of Death: ~Z.~~-Z©~' Age at death: Decedent was domiciled at deat in (.• V 1t1'C~i~ County, >~'. (state),~gw-it_h his/her principal residence at ~~ r j~ 7~//~ (L,qG'~" BE~Ze~S' ~'Q C,;~NI!!~ Street address, Po~stgOffice and Zip Code City, Township or Borough County Decedent died at ~~~{ V I~~. Street address, Post Oftice and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ If not domiciled in Pennsylvania ........................Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................ Personal property in County $ l/alue of real estate in Pennsylvania ........................................ .................. $ TOTAL ESTIMATED VALUE.... $ ~_~ Real estate in Pennsylvania situated at: (Attach additional sheets, ijnecessary.) Street address, Post Office and Zip Code City, Township or Borough ~, A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated thereto dated County and Codicil(s) State relevant circumstances (e.g. renunciation, death ojexecutor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ~NO EXCEPTIONS ^EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.u., d.b.r:., d. b. n. c. t. u., pendente lite, durunte absentia, durance minoritute If Administration, c.t.a. or t~b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a proper search has':~ave ascertained that Decedent left no W ill and was survived by the following spouse (if any) and heirs (attach additional sheets, i/ necessary): Name Relationshi Address Forn: RW-02 rev. LO/LL/2t1LL Page 1 of 2 ~~~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Printed Name } } ss: } •vs, ~.~ , The 1'etittoner(s) $bove-named swear(s) or affirm(s) the statemen oregoing Petition are true and correct to the best of the knowledge and belief of Petitic~er(s) and that, as Personal Representative(s) of the nt, th P 'tio s) w' ell and ly inister the estate acco ing to la . Sworn to or afft~med and subscribed before Date ~Z ®!l me • -~_ day of ~~ Date BY' .[~ ;(~ ,~~, j D G ( /~ ~ rl Date For the Rester Date BOND Required: ~ YES ~ NO FEES: Letters ...................... $ ~ 6 6 ( ~ )Short Certificate(s)..... . ( /)Renunciation(s)......... ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Ot ...... ... Automation Fee ............... ~ JCS Fee... ............... TOTAL ..................... $ To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Supreme Court ID Number: Firm Name: Address: Phone: Fax: Email: DECREE OF THE REGISTER Estate of ~Q 11 /' Gl File No: ~/' ~~ - I~ ^~~ / a/k/a: AND NOW, ~~Cemb~- 22-, ~ l l , in considers 'on of the fore oing Petition, satisfactory proof having been presented before me, IT IS DE ~ D that tters L are hereby granted to ~ 0 lG ~ , in the above estate ahd (i€ ' 'cabla) that. the instrtunent(s) dated described in the Petition be a "tt d to probate and filed of records the last Wilj (and Codicil(s)) of D~~e~t, ,,,,,•. A 'i of Wills ,~; ~: . , w'~~ I ~~C 12 Frl 3~ ~ ~ Form RW-02 rev. l0/! 1/201 / ~ (]~~5~~~~~ Of 2 The Isaiah Buckwalter Harley Pour Over Will c? O :..:_: _ ~. ~ LAST WILL AND TESTAMENT ~ ~.~ _ . 3 ' I~ ~~ L ~ ~ti (Pour-Over Will) ~ -- : ~ -~ -.. ~: _ _, , y~ ..~_ ~: ~ ~_:_; --~-~ Isaiah Buckwalter Harley I, ISAIAH BUCKWALTER HARLEY, a resident of the City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which I declare to be my domicile, do hereby make, publish, and declare this to be my LAST WILL AND TESTAMENT, hereby revoking all Wills and Codicils at any time heretofore made by me. • • FIRST: Declaration Concerning Family. I declare that I am married and that my wife's name is Doris Brehm Harley. I have two (2) children, namely: Cheryl Saylor and Michael D. Harley. SECOND: Nomination and Appointment of Executor. I hereby nominate and appoint Doris Brehm Harley to be my Executor hereunder, to serve without bond. In the event my nominee fails to become or at any time ceases to be the duly appointed and acting Executor hereunder, I nominate Cheryl Saylor as Executor, to serve without bond. In the event my nominee Cheryl Saylor fails to become or at any time ceases to be the duly _ ~.oo c appointed and acting Executor hereunder, I nominate _ as Executor, to ~ " Z y- serve without bond. The term "Executor" as used herein a .~ ~~~ regardless of gende ate ~Ga~Me,~aT~ z/~z-/~3 /~h'chac l f.1 hFar~e q~l l / l~i/u c~f'M a ~~ ~ ~' ., , THIRD: Debts, Taxes and Administration Expenses; Powers of Executor. I hav _ ~ provided the payment of all of my debts, expenses of administration of property wherevei~°'~' ~ ?..vv situated passing under the Last Will and Testament or otherwise, and estate, inheritance, ''~ i 7 / transfer, and succession taxes, other than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under The Isaiah Buckwalter Harley and Doris Brehm Harley Revocable Living Trust, signed earlier this day and bearing the same date as this Last Will and Testament, (The "Revocable Trust") or if my wife predeceases me, under the TRUST A created by said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Last Will and Testament, without apportionment or reimbursement. In the alternative, my Executor may demand in writing, addressed to the Trustee of the Trust, an amount necessary to pay all or part of these items, plus claims, The Last Will and Testament of Isaiah Buckwalter Harley The Isaiah Buckwalter Harley Pour Over Will • pecuniary legacies, and family allowances by court order. I authorize my Executor to receive and retain any of my property; to sell at public or private sale, encumber or lease any property of my estate without notice, at such prices and upon such terms as he/she deems best, and without the giving of any bond, subject, however, to such confirmation as may be required by law; to hold, manage and operate such property; to continue the operation of any business of my estate, alone or in partnership with others, for such times and in such manner as deemed advisable, or to sell or liquidate such business, and any such operation, sale or liquidation shall be at risk of my estate and without liability on my Executor for any losses resulting therefrom; to invest and reinvest surplus moneys in such investments as he/she deems advisable; to determine what is principal and what is income of my estate and to allocate and charge to either principal or income any debts, taxes and expenses of administration. FOURTH: Disposition of All Property, Exercise of Power of Appointment. It is my intention by this Last Will and Testament to dispose of my separate property, if any, and also my share of the held property of my wife, Doris Brehm Harley, and myself. I do not intend hereby to exercise any power of appointment which I may have arising from that Trust Agreement described in Paragraph SIXTH. FIFTH: Disposition of Personal Effects. Except as provided in any written instructions to my Executor regarding the disposition of personal effects, I give any interest I have in all personal automobiles, clothing, j ewelry, china, silver, books, pictures, and other works . of art, household furniture and furnishings and all other items of domestic, household or personal use to wife, if she survives me. If my wife fails to survive me, I give such property to the Trustee of that Trust Agreement described in paragraph SIXTH. The bequests made by this paragraph shall be free and clear of estate and inheritance taxes, which I direct my Executor to charge against the residue of my estate. SIXTH: Disposition of Residue of Estate. 1. All the rest, residue and remainder of my estate, both real and personal and of whatever kind and wherever situated, including all of my separate property, if any, and my share of the jointly held property of my wife and myself, I give, devise and bequeath to the individual or bank then acting as Trustee under the certain Trust Agreement designated as The Isaiah Buckwalter Harley and Doris Brehm Harley Revocable Living Trust, signed earlier this day and bearing the same date as this Last Will and Testament, of which my wife and I are Co-Trustors and Co-Trustees, to be combined with the other assets of the trust and held, administered and distributed as a part of that trust, according to the terms thereof and any amendments made to it prior to my death. It is my intent, if it be permissible, not to create a separate trust by this Last Will and Testament and not to subject, The Isaiah Buckwalter Harley and Doris Brehm Harley Revocable Living Trust, or property added to it by this Subparagraph (1) to the jurisdiction of probate court. Should I be the Surviving Spouse, as defined by such Agreement, the distributions under this Paragraph SIXTH shall be to TRUST A only. The Last Will and Testament of Isaiah Buckwalter Harley The Isaiah Buckwalter Harley Pour Over Will • 2. If for any reason the disposition of Subparagraph (1) is not operative or is invalid, or if the trust referred to in Subparagraph (1) fails or has been revoked, the I give the rest, residue and remainder of my estate, including my share of the jointly held property, to the individual(s) or bank which would have been Trustee of such trust had such trust been operative, valid and unrevoked at the time of my death, to be held, administered and distributed under the terms and conditions of The Isaiah Buckwalter Harley and Doris Brehm Harley Revocable Living Trust, signed earlier this day and bearing the same date as this Last Will and Testament, which trust is incorporated herein by reference. 3. Anything else herein to the contrary notwithstanding, should any portion of such trust be terminable upon my death, the disposition made in this paragraph SIXTH shall be made directly to the beneficiaries for whom the outright disposition from the trust shall be made, and the remainder which will remain in such trust, if any, shall pass into such trust under the provisions of Paragraph SIXTH (1) or (2), as the case maybe. 4. Should the Trustee of that Trust described in Paragraph SIXTH (1) or (2) elect not to pay any or all of the estate, gift or inheritance taxes from such trust, then, to the extent they are not so paid, all taxes levied by the United States or any state, district, territory or possession thereof upon or because of any property passing under this Last Will and Testament or any Codicil thereto or by reason of any transfer or gift made by me during my lifetime or at my death, or which may be imposed by reason of my death, or the acquisition of property of any person upon my death by successinn_ inheritance • survivorship or otherwise, shall be paid out of the residue of my estate as an expense of administration. My Executor is authorized to accept any distributions from the Trustee of that trust described in Paragraph SIXTH (1) or (2) for purposes of such payment. SEVENTH: Omitted Heirs; Will Contests, Except as otherwise specified in this Will. I have intentionally and with full knowledge omitted to provide for my heirs at the time of my death. If any beneficiary under this Will attacks any of its provisions or the trust described in Paragraph SIXTH herein, directly or indirectly, any share or interest in my estate given to such person under this Will is hereby revoked, and such share or interest shall be distributed in the same manner provided herein as if such person had predeceased me. EIGHTH: Partial Invalidity. Should any part, clause, provision or condition of this Will be held to be void, invalid or inoperative, then I direct that such invalidity shall not affect any other provision hereof, which shall be effective as though such invalid provisions had not been made. IN WITNESS W~EREOF, I have signed and subscribed my name to this Will this day of c,~ r c ~, , 200 ~ . Isaiah Buckwalter Harley The Last Will and Testament of Isaiah Buckwalter Harley The Isaiah Buckwalter Harley Pour Over Will The foregoing instrument, consisting of this and ~_ (~ preceding typewritten pages was signed, sealed, published and declared by Isaiah Buckwalter Harley, the Testator, as and for his Last Will and Testament in his presence and in the presence of each of us and all of us together; and the Testator, upon declaring this document to be his Last Will and Testament, requested each of us to sign the same as attesting witnesses; and we thereupon signed our names hereto as such witnesses, in the presence of the Testator, and in the presence of each other, on this-~Q day of ~ ~, , 200Q. We further state that each of us believes that, at the time he executed the foregoing instrument, the Testator was of sound mind and memory, of lawful age, and did so execute it as his own free act and deed and not under the unlawful influence of any person. ~°T~.~ C{, C~~..~-._ residing ~2AC ~ Q~,~~ ..,G..,..._ a ~ at / 7 G s'' ~ ~~' "~-' residing ~ Q at c.~c32 The Last Will and Testament of Isaiah Buckwalter Harley The Isaiah Buckwalter Harley Pour Over Will • AFFIDAVIT OF ATTESTING WITNESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Isaiah Buckwalter Harley, ~~ ~ rp 2 ~ < ~ ~ ~ (~.~~' and ~o ~,~ ~ . ~~ (; ,the Testator and the Witnesses whose names are signed to the attached or fore ing instrument, being duly qualified according to law, depose and say: (1) That they are, respectively, the Testator and the Witnesses whose signatures appear on the attached or foregoing Last Will and Testament; (2) That, on ~a~~ ~ , 200 ~? , in the presence of each of the undersigned Witnesses, Isaiah Buckwalter Harley, signed and executed his name to the attached or foregoing Last Will and Testament at the end thereof and each of the undersigned Witnesses saw the Testator sign and execute the Last Will and Testament; (3) That, at the time he signed and executed the Last Will and Testament, • the Testator declared the instrument so signed and executed by him to be his Last Will and Testament; (4) That the Testator signed willingly and executed the Last Will and Testament as his free and voluntary act for the purposes therein expressed; (5) That each of the undersigned subscribing Witnesses, at the request of the Testator, and in his sight and presence and hearing, and in the sight and presence and hearing of each other, thereupon signed as a Witness thereto; (6) That the Testator, at the time of the execution of the Last Will and Testament, was at least eighteen (18) years of age; (7) That, in the opinion of each of the undersigned Witnesses, the Testator was, at the time he signed the Last Will and Testament, of sound mind, memory and understanding; (8) That, in the opinion of each of the undersigned Witnesses, the Testator was, at the time he signed the Last Will and Testament, under no constraint or undue influence and not in any respect incompetent to make a Last Will and Testament; (9) That the Testator could read, write and converse in the English • language; Last Will and Testament of Isaiah Buckwalter Harley Testator Initials ~ ~ Witness Initials ~ ~~ , ~! --~-- \ _ _ (12) That each of the undersigned Witnesses was acquainted with the Testator or examined proof of Testator's identity at the time the Last Will and Testament was witnessed. • (10) That the Testator was not suffering from any defect of sight, hearing or speech or from any physical or mental impairment which would affect his capacity to make a valid Last Will and Testament; (11) That the Testator signed only one copy of the Last Will and Testament on such occasion. Testator Notary Publi My Commission Expires: ~~ ~ u ©c3 _.----- Notariat Seal Glen R. Wantje Jr., Notary Public North Fayette Twp., Allegheny County My Commission Expires Nov. 10, 2003 Member, Pennsylvania P,ssociation of Notaries • The Isaiah Buckwalter Harley Pour Over Will o~~-+.orc C~ ~..~ itness~ ~~~~ Wit Subscribed, sworn and acknowledged before me by Isaiah Buckwalter Harley, the Testator, and by ~'(o rt to f C . C ~ ~ c~.{~, and `Sc>~ ~ E , ~.-c,~ P 11 ~ ,Witnesses, this day of Mare i-, , 200 c~ . Testator Initials~_~ Last Will and Testament of Isaiah Buckwalter Harley Witness Initials !~~!~~ ~ - '-a.-~ r The Isaiah Buckwalter Harley and Doris Brehm Harley Living Trust • ACKNOWLEDGEMENT OF THE TRUST We, Isaiah Buckwalter Harley and Doris Brehm Harley have read the foregoing pages of this The Isaiah Buckwalter Harley and Doris Brehm Harley Revocable Living Trust and that it correctly states the terms and conditions under which the trustee is to hold, manage, and distributed the trust estate. Executed on this ~ day of~0.~-c~200~. ~<_ Isaiah Buckwalter Harley We certify that the above instrument was signed, sealed and declared by Isaiah Buckwalter Harley as his acknowledgment of The Isaiah Buckwalter Harley and Doris Brehm Harley Revocable Living Trust in our presence and signed our names as witness thereto, believing him to be of sound mind at the time of signing. ~~-+-c-~ Cc ~~+^,-~...~., Residing at r / G,rt Residing at ~ ~ Executed on this 2 day of ~~200 ~ . "~ - ~ ~~~ Doris Brehm Harley We certify that the above instrument was signed, sealed and declared by Doris Brehm Harley as her acknowledgment of The Isaiah Buckwalter Harley and Doris Brehm Harley Revocable Living Trust in our presence and signed our names as witness thereto, believing him to be of sound mind at the time of signing. ~~'-'~A ~k ~~~~i,~„-_ Residing at ~l'1.~- 1~z~-~ re ~~~ f /~ / y(~1-.~- ~' -~s~~.~ Residing at OL, l.6 l 3 A - B Revocable Living Trust Agreement The Isaiah Buckwalter Harley and Doris Brehm Harley Living Trust IN WITNESS WHEREOF, Isaiah Buckwalter Harley and Doris Brehm Harley, Co- Trustors, and Isaiah Buckwalter Harley and Doris Brehm Harley, as evidence of their acceptance of the responsibilities of Co-Trustees hereunder, have signed this Trust Agreement. CO-TRUSTORS Isaiah Buckwalter Harley ,~- Doris Brehm Harley Commonwealth of Pennsylvania County of Cumberland On ~ "~ " ~ o~ ,before me, ~~~/! f~. !/VG yl T t~° , <.~~ - ,Notary Public DATE tvaraF nF nGFrr n Personally appeared Isaiah Buckwalter ,.Harley and Doris Brehm Harley, personally known to me -- OR -- proved to me on the basis of sat factory evidence to be the person(s) whos ame(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of My Commission Expires: l rG' C1 Notarial Seal Glen R. Wantje Jr., Notary Public North Fayette Twp., Allegheny County My Commission Expires Nov. 10, ?003 Member, Pennsylvania Association of Notaries A - B Revocable Living Trust Agreement Estate of I, in my capacity/relationship as .s o ti of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to C~. ~ A L.~ V~ 01.,E ~ l~ VT~f (Date) (Sign ture) S'~~ ~~1~1e~~U~ (Street Address) ~~toyw~ ~ !~0~7 (City, stare, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this da~ party executing this renunciation and certified of ',~" ~ ~ ~ h ~ ' ~~ that he or she executed the renunciation for the purposes stated within on this 1 z~'`- day ~f ~e c ~ ryl l~e,~r 2 011 Deputy for Register of Wills l~o~ary Public ,I Commission Expires J u;~ e 2~ b l S (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) COMMONWF~-L~ ~'ENNSYLVANIA Notarial Seal Form RW-06 rev. 10.13.06 A. ~uey~ NOtdry Pu~t~ Jennifer t>e~a~ County rower Nlen TwP~~ wne io, zois My Cot""''ssI°" ~ TAN ~ No-rntaEs MEMBER,PENNcv~ve~~7t acs. ^[A CJ ~ Y~~ G -r, - , =-~ -- c~ -'1-= ~ t -~ , ~,., RENUNCIATION .~. ~: ~ ---~ ._ ~ t~,, -_ ., -- REGISTER OF WILLS ~ ~ --- `~~ /~ C...t'M11~~~~~ COUNTY, PENNSYLVANIA o~' _ l ~ ~ ~ LJ~~ ~ ~t ~ /~ ~ ;J• _ _rT~N`c~ ~ 7 _ ,Deceased