HomeMy WebLinkAbout02-22-12PETITION FOR GRANT OF LETTERS
REGISTER OF WII..LS 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 Liters in the appropriate form:
Detxdtznt'S Information
Name• Esther A. Kane
a/k/a:
a/k/a:
a/k/a:
Date of Death: Nov. 8.2011
File No• ~- ~ ~ ~ ~ ~ Q
• (Assigned by Register)
Social Sea+nrity No: 183-12-x876
Age at death• 89
Decedent was domiciled at death in Cumberland County, P«~nfi-i +~ (S~1 w~ ' ~
principal residence at 1700 Marloet Street. Caron H17L PA 17011 Camp Hill t~mnbedand
8>raet addres, scat Olria aad Tip Code CYt7. Town~ip ~ > Coaoty
Dec~d+ent diets at 1700 Street. Came Hill. PA 17011 Came Hill Cumberland
Street adde^ea, Poet Olslce as lip Gde cnr, Tewastdp or > ~' State
Estimate of value of de~Ys property st lath:
If doarid/al iR Pa<nsPlewnb ............................ All personal property S 18,000.00
If aat doar&~at ~ Pae~wuela ........................ Personal property in Pennsylvania S
If aat ~ is Pewws~lrwis ........................ Personal property in County S
VaJrtt oja~ael aaApt in Pace:Pinwar ......................................................... S
TOTAL ESTIMATED VALUE.... S 18.000.00
ltal estate in Pemn~rlvania situated se None
(Attack additional skeeay if necesmry.) Street addres, Port tNHee aad Tip Code Qty, Towaekip or Do»apY (~
^ A. Petition for Probate and Grant of LNters Te.stamentars-
Petitioner(s) aver(s) hdahel[hey islare the Exaa~oe{s) mmned ifl the Imt ~ of tlee Decedat, datod ~ 27, 2007 aed Codica'i(s)
thereto dated N/A
Strete retewut dre~oes fa& ~, ~ old, er~1
ExeeptasfoHoves: aflxiheete~aitionoftbes)otRtedforprobabeDeoodentdrdn~many,wasnotdivorced,wasnotapartytoapending
divorce proooedisE w6eee~ the geomds fat divorce had 6ten establis~d as defined in 23 Pa. C.S. § 3323(g), and did rmt have a child bom ~
adopted; and Deoaieat was neither the victim aI's >~ not ever a~rdic~ed m mod person.
Q NO EXCEPTIONS o EXCEPTIONS
^ B. Petltion for Grant of Letters of Administration (Ifapplicably
cta., dbte., dbn.c~a.. part~rAe &ty durmeAe abseetitq alaraaae aelnori&tEe
If Administration, G>~a or db~.a-s~tm, enter date of Will in Section A above and comlAlete list of heirs.
Except as follows: Decedeat was not a party to a padir~ divorce procee~g vehane~ the gmatds for diva+ce had bem ewbtathed as debaed
in 23 Pa C.S. § 33?3(g) and was aeitha the vicxirn aI'a in'@h>g slot evex armed ere is~apaciaed pasort
Q NO EXCEPTIONS 0 EXCEPTIONS
Petitioner(s~ alieraprcrpersearch hav/6ave thatDeoafeat leftno W~l andwas survivedbythe foliowingspouse(ifany) andheirs (attach
Foaol ahaav; ijry):
Name Reftttionsh Address ~'
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
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Petitioner(s) Primed. Nam Petitioners Prirnod -
Elden .Swartz Jr 1415 Concord R Mechani PA 1705U-1955 ""
E. Swartz 1415 Concord R Mechanicsbur PA 17050-1955
The Petitioner(s). abovo-named swear(s) or affirm(s) the statements in the foieg ' Petition are true and correct to the best of the knowledge and belief
of Pailiona~(a) aadthat, as Personal Represemative(s) of the t, the s) well and tnily administer the estate according to law.
Sworn to~ bribed be ore Date ~- Z ~- /Z~
me of 0 Hate ~• a a I Z
By Hate
~- " - ~ _ hate
BOND Required: Q YES Q NO
FEES:
Le s ...................... S ~d
( ~ ).Short Certificate(s).::::
( )Renunciation(s).
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ................. .
O~th}e''r]']~ .......
1~-~-1 ......
Automation Fee .............. .
JCS Fee ..................... i O
TOTAL ..................... S
To tbs Register ojW~Tlls:
Please eater my appearance by my signature below:
Attorney Signature:
Printed Name:
Supreme Court
ID Namber:
Firm Name:
Address:
Phone:
Fax:
Email:
//95~
DECREE OF THE REGISTER
Estate of Esther A. Kane File No: ~-f ' ~ ~- ^ V ~ r
a/k/a:
AND NOW, G GP ~~ ~ in consideration of the f going petition,
satisfactory proof having been red before me, IT IS,~ Letters Sfct m~ q/'
are hereby granted to /4e/7 ~t~t
in the above es~te and (if app(icabie) that
the in~trt~ment(s) dated
desen'bed in the Petition admi to probate and filed of record as the last Will (and Codcil(sp of
of wills - ~ /.
LAST WILL AND TESTAMENT
OF
ESTHER A. KANE
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I, ESTHER A. KANE, of Mechanicsburg, Cumberland, Pennsylvania, do make,
publish and declare this to be my Last Will and Testament, hereby revoking all` Wills and
Codicils by me at any time made.
ITEM I: I direct that all inheritance and estate taxes becoming due by reason of
my death, whether such taxes may be payable by my estate or by any recipient of any
property, shall be paid by the Executor out of the property passing under ITEM IV of this
Will, as an expense and cost of administration of my estate. The Executor shall have no duty
or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
ITEM II: I direct the Executor to pay my just debts and the expenses of my last
illness and funeral expenses from the property passing under this Wi11 as an expense and cost
of administration of my estate.
L"~ ~
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ITEM III: I make the following specific bequests:
(1) To my niece, Mary E. Swartz and mynephew-in-law, Elden H. Swartz, Jr.,
the sum of Ten Thousand Dollars ($10,000.00) inconsideration for their acting
as Executors of my Estate. In the event they choose not to act as Executors or
choose to take a fee percentage of the Estate in lieu of the specified sum, this
special bequest shall lapse. I do direct that all actual out of pocket expenses
incurred by my niece, Mary E. Swartz and my nephew-in-law, Elden H.
Swartz, Jr., acting as Executors of my Estate shall additionally be reimbursed
to them at the time of Administration of my Estate;
(2) My brother, Vernon Frazer and his wife, Jean, the sum of Twenty Thousand
Dollars ($20,000.00);
(3) The sum of One Thousand Dollars ($1,000.00) to Miriam Frazer;
(4) The sum of One Thousand Dollars ($1,000.00) to my friend, Regina Pinko of
Oberlin, Pennsylvania; and
(5) The sum of Five Hundred Dollars ($500.00) to Charlotte Knisely.
ITEM IV: I devise and bequeath all the rest, residue and remainder of my estate
of whatsoever nature and wherever situate, together with any insurance policies thereon, to
be distributed as follow:
(1) Ten percent (10%) to my nephew, John Lobb;
' (2) Ten percent (10%) to my niece, Mary E. Swartz; L
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(3) Ten percent (10%) to my niece, Beverly Sutherland;
(4) Ten percent (10%) to my nephew, Robert Fissel;
(5) Ten percent (10%) to my niece, Barbara Jean Mirachi;
(6) Ten percent (10%) to my nephew, Gary Frazer;
(7) Ten percent (10%) to my niece, Sharon Saytor;
(8) Ten percent (10%) to my niece, Debra Landis;
(9) Ten percent (10%) to my nephew, David Frazer; and
(10) Ten percent (10%) to my niece, Teresa DeShong.
If any of the foregoing beneficiaries do not survive me, his or her shaze shall lapse and
be distributed in equal shazes to the remaining beneficiaries set forth in Item IV hereof.
ITEM V: In the settlement of my estate, my Executor shall possess, among others,
the following powers:
(a) To retain any investments I may have at my death, as long as the
Executor may deem it advisable to my estate to do so;
(b) To sell either at private or public sale and upon such terms and
conditions as the Executor may deem advantageous to the estate, any or all real or personal
property or interest therein owned by the estate;
(c) To pay all costs, taxes, expenses and chazges in connection with the
administration of my estate;
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(d) To compromise controversies; and
(e) To do all other acts in the Executor's judgment deemed necessary or
desirable for the proper and advantageous management, investment and distribution of the
estate.
ITEM VI: Any person who shall have died at the same time as I shall have, or in a
common disaster with me, or under circumstance that the order of deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have
predeceased me.
ITEM VII: I hereby nominate, constitute and appoint ELDEN H. SWARTZ, JIL,
and MARY E. SWARTZ, to bethe Co-Executors of my Estate. In the event one can not act
or refuses to act, I nominate the other as alternate Executor. In the event neither can act or
refuses to act as Executors for any reason, I nominate, constitute and appoint my niece
BARBARA JEAN HIBACHI, as alternate Executrix. Any Executor(rix) is specifically
relieved from the duty or obligation of filing any bond or other security.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding four (4) pages, at the end of each
page of which I have also set my initials for greater security and better identification this 27~'
day of September, 2007.
~r~ C~R~~k'~ ~
(SEAL)
ESTHER A. KANE
We, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testatrix as and for her Last Will and Testament,
in the presence of each other, have hereunto set our hands and seals the day and year first
above written, and we certify that at the time of the execution thereof, the said Testatrix was
of sound mind and memory.
~~ ~C~n
Amanda L. Souders
~' ~ . r ~
Laura J. ghes
Residing at: 129 Herman Avenue
Lemoyne, PA 17043
Residing at: 123 Seventh Street
New Cumberland, PA 17070
S
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND
I, ESTHER A. KANE, Testatrix, 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 Testament; that I signed it willingly,
and that I signed it as my free and voluntary act for the purposes therein expressed.
~.~L%~~ ~ ` ~'~u~~,.¢ (SEAL)
ESTHER A. KANE
Sworn to
of~lepte~, 7,J0(~l.
NOTARY PUBLIC
My Commission Expires:
(SEAL)
NowtiAL sEAL
BARBARA SUMPLE-SULWAN
Notary PubUc
NEWCUMBERIAND BOROUGH
CUMBERLAND COUNTY
My Commisalon Expires Nov 15, 2007
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND
We, Amanda L. Souders, and Laura J. Hughes, the witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw Testatrix, ESTHER A. KANE, sign and
execute the instrument as her Last Will and Testament; that Testatrix signed willingly and
she executed said Will as her free and voluntary act for the purposes therein expressed; that
each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to
the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age,
of sound mind and under no constraint or undue influence.
~~~
Amanda L. Souders
Laura J. Hu s ,
Sworn to
before
of S ter
NOTARY PUBLIC
My Commission Expires:
(SEAL)
NouRUU sE~u
BARBARA SUMPIE-SULLNAN
Nofary Publ(c
NEWCUMBERLAND BOROUGH
CUMBERLAND COUNTY
Commission ea Nov 15, 2007