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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 ~' ..n f*'t MM...~ 4:k _ ,- 1 q F1 ~: ~ +lCy ~l ~,, Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } } SS: } c-~ •~ us qty ~ ~. rn ~- ~ ~%~ ~ r fJ~ ~ N ._,.7 'C~.i C"'. ~~ r-'~ __ 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 ~~ ca ~ ao ~Cri~ rv tV rw.~ ~ ~~ :~: .~ <J ~ ' ~ ~ .. `~ 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"~ ~ 1 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 ~~ n 2 (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; ~r 3 (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. 4 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