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HomeMy WebLinkAbout02-17-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's .Information ~ I, I n ~ v~/~ Name: Leah R Henschen File No: ! 0< a/k/a: Leah R Myers (Assigned by Register) a/k/a: a/k/a: Social Security No: 204-O1-0035 Date of Death: 01/30/2012 Age at death: 92 Decedent was domiciled at death in Cumberland County, Pgnn.~ylvania (Stare) with his/her last principal residence at 624 Belvedere Street Carlisle Boroueh Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Carlisle Re 'onal Medical Center Carlisle Cumberland PA Street address, Poat Offke and Zip Code City, Township or Borough Couuty State Estimate of value of decedent's property at death: If domiciled In Pennsylvania ............................ All personal property $ 400,000.00 If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ 300,000AO TOTAL ESTIMATED VALUE.... $ 700,000.00 Real estate in Pennsylvania situated at: 624 Belvedere Street and 35 Cambridlte Court, Carlisle, PA Cumberland (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Towuship or Borough County ® 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 08/19/2010 and thereto dated __ State relevant circuutiftances (tg. renunciation, death ojexecutor, etG) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and d adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ®NO EXCEPTIONS ®EXCEPTIONS a childborn ss ® B. Petition for Grant of Letters of Administration (If applicable) ~°~ c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durantet :_!~ i .~r- 'Tl ~~ If Administration, Goa or db.n.c.ta, 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/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Form Rw-02 rev. 10/11/1011 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } } ss: } To the Register of Wills: Please enter my appearance by my signature below: Petitioner(s) Printed Name Pedtioner(s) Printed A Sharon L. DeVenne 100 Burnt House Road Carlisle PA 17015 ~i ~~E.~~ {~•~ . Nancie M. Booth 1703 Timber Lake Drive, Salisb , MD 21801 The Petitioner(s) above-named swear(s) or affirm(s) 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, the Petitioner(s) will well and truly administer the estate according to law. Sworn to or ~~ed subscribed befo e ~ ~~ ~ Date .~ n / 7~ me th~q~~~~,Rf - - f~ Date ~ 7 ~ ~ BOND Required: Q YES Q NO FEES: Letters ...................... $ 510.00 ( 6) Short Certificate(s)...... 24.00 ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other LW&T ........ 15.00 Automation Fee ............... 5.00 JCS Fee ..................... 23.50 TOTAL ..................... $ 577.50 Attorney Signature: Printed Name: Robert C. Saidis, Esq. Supreme Court ID Number: 21458 Firm Name: Saidis, Sullivan & Rogers Address: Z ¢r 'gh 4trept arli¢lPy PA 1701'1 Z~ 12 F~8 17 QM ~ ! : 05 717-243-6222 717-243-6486 reairii ¢¢r_a}}nrne,~¢ ~nm Phone: Fax: Email: DECREE OF THE REGISTER Estate of Leah R. Henschen _ File No: cam;[,! ' ~~ ~ Q~~ a/k/a: AND NOW, 1'.Y.av 1'I.IQ~U. ~ ~ _, d~ ~ , in consid~of the foregoing Petition, satisfactory proof having been pres d before me, IT IS DECREED that tters are hereby granted to (~1GU~n ~ in the abov estate and (if applicable) that the instrument(s) dated O described in the Petition be admitted to pro ate and file of record as the 1st Will (and C dicil(s)) of Decedent. egister of Wills (~ Form Rw oz rev. 10/11/2011 Page 2 of 2 T ~ ~Clr'~i-+ ! '..l'1 '~ ~ 1 d ~~! ~"1~1...,5 LAST WILL AND TESTAMENT ~~~Z F~8 ~ ~~~~= ~~ OF LEAH R. HENSCHEN ~f~s ~j ff{r Ct~~u~E~~~v~ ro , .~a I, Leah R. Henschen, of Carlisle Borough, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my SAIDIS, N~OWER S~ LINDSAY 26 West High Street Carlisle, PA last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my estate in such amount as they shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the 1 purchase, erection and inscription of a suitable marker for my grave. SECOND I give, devise and bequeath all the rest, residue and remainder of my estate as follows: A. One-third (1/3) to my daughter, Sharon L. DeVenney, per stirpes; B. One-third (1/3) to my daughter, Nancie M. Booth, per stirpes; C. One-sixth (1/6) to my grandson, Addison R. Warner, per stirpes; and D. One-sixth (1/6) to my granddaughter, Andrea M. `Varner, per stirpes. Provided, however, that if any beneficiary under this Will SIBS, FIAWER Sz LINDSAY ~n~aeruw 26 West High Street Carlisle, PA has not attained the age of forty (40) years at the time of my death, then I give, devise and bequeath that beneficiary's portion of my estate that would not otherwise be distributed outright to the beneficiary, together with any other property which may be added, in separate trusts, unto ORRSTOWN BANK, Carlisle, Pennsylvania, upon the following terms and conditions: A. To hold, manage, invest and reinvest the principal so received, and accumulation of income thereon, and to use, pay and apply the income and principal or so much thereof as in Trustee's sole discretion may be necessary for the maintenance, support, medical expenses and education of the beneficiary. 2 B. The payments authorized by this Trust may be made by my Trustee directly to the beneficiary, if, in the sole opinion of Trustee, he or she is of such age and ability to handle properly the funds so paid, or may be made directly to any institution entitled to such payment by reason of services rendered or to be rendered to the beneficiary. C. The amount to be paid for the benefit of the beneficiary shall be determined from time to time by the need of the beneficiary, and the amounts and times of said payment shall be determined by such need, provided that payments be made at least monthly. D. All payments of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to any execution or attachment. E. The principal and accumulated income shall be distributed as follows: (1) One third (1/3) of all principal and accumulated income shall be distributed by my Executrices to the SAIDIS, ~7AWER ~ LIlVDSAY 26 West High Street Carlisle, PA beneficiary as soon as reasonably practical after the date of my death. (2) One third (1/3) of all principal and accumulated income shall be distributed to the beneficiary five (5) years from the date of my death. 3 (3) The balance of all principal and accumulated income shall be distributed to the beneficiary ten (10) years, from the date of my death. (4) The distribution schedule set forth above is subject, however, to adjustments by the Trustee or Executrices to insure that no principal or accumulated income is held in trust beyond the beneficiary obtaining the age of forty (40) years. THIRD I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. FOURTH In addition to the powers conferred by law, I authorize any personal representative, trustee or guardian acting under this instrument, in his/her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal property; SAIDIS, FIAWER Si LINDSAY 26 West High Street Cazlisle, PA (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; 4 (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as they, in their sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; (e) To make settlements and compromises on such terms as they, in their sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as they, in their discretion may deem wise. FIFTH I do hereby nominate, constitute and appoint my '~ daughters, Sharon L. DeVenney and Nancie M. Booth, to act as Co- Executrices of this my Last Will and Testament, provided however if either one is unwilling or unable to serve, the survivor shall serve as Executrix of this my Last Will and Testament. SIXTH SAIDIS, FIAWER Sz LINDSAY 26 West High Street Cazlisle, PA I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. 5 IN WITNE33 WHEREOF, I, Leah R. Henschen, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six typewritten pages, the first five of which beagr my initials in the margin for identification, this ~/ day of 2010. Leah R. Henschen, Testatrix Signed, sealed, published and declared by the above-named SAIDIS, FIAWER Sz LINDSAY 26 West High Street Cazlisle, PA Testatrix, Leah R. Henschen, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, in the presence of sai esta rix and of each other. ADDRESS 26 West High Street ( ~/ Carlisle, PA 17013 \.. G . 6 ADDRESS 26 West High Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WE , Leah R . Henschen, ~D,~j(y ~ ~, ~/~/ s and !'[/I~ ~G~1~ the Testatrix and witnesses, F A RIS,S~ LINDSAY 26 West High Street Cazlisle, PA respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix. signed the Will as witness and that to the best of their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Leah schen, Testatrix Witness Witness Subscribed, sworn to and acknowledged before me by Leah R. Henschen, the Te tatrix, and subscribed to and sworn or affirmed to before me by ~~~ C,~,~i~ and jo~~~~-ar witnesses, this ~~ day of ~y,.q~~~- 2010. ~ MONVVE/u.1H ~ ~~~ N Publ i c trohiW swt YvarrM sewd~. NoWY PubNc cwnp ~ e«a CouKy camnr..lon ExpM~s Fib.1• ZOt2 ~ , ~