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HomeMy WebLinkAbout03-13-12PETITION 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 ~ _ O Name: Odell Sutton File No: a/k/a: ~ Odell W. Sutton (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: March 1.2012 Age at death: 102 . Decedent was domiciled at death in Cumberland County, pennsylvan_ia (state) with his#ter last principal residence at 337 Regent Street. Came Hill 17011 Camp Hill Borough Cuml2elland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Golden Living Center 770 Poplar Church Rd Came Hill 17011 Came Hill Borough Cumberland PA 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 $ 100,000.00 If not domlciled in Pennsylvania .........................Personal property in Pennsylvania $ If not domlciled in Pennsylvania ........................ Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ 14() 0,11 n_nn TOTAL ESTIMATED VALUE.... $ 250,000.00 Real estate in Pennsylvania situated at: 337 Regent Street, Camp Hill 17011 Camp Hill Borough Cumberland (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County Q~ A. Petitfon for Probate and Grant of Letters Testamentary Petitioner(sj aver(s) he/slieFthey is/are the Executor(sj named in the last Will of the Decedent, dated August 9, 2006 and Codicil(s) thereto dated September 3.2010 and June 27.2011 State relevant circumstances (eg. renunciation, death of executor, eta) Except as fallowsi 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(8), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS ~ EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.t.a., pendente cite, durante absentia, durante minoritate If Administration, c.t.a. or db.n.as:a., enter date of Will in Section A above and comnIete 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(8) 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 anya.~td heirs (attach additional sheets, if necessary): +u ~ Name Relationshi Addres x"' ,--,-1 t:a ~a ,,a -c7,.t -ts ~~~ =is 4 ~ ~` , ~ .~.' tT Form RW-01 rev. 10/1 //10! 1 Page I Of Z Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } $S: COUNTY OF } Official Use Only '~ ~_ ~i ~ rn n A ap ~ s" ~ ",' ~ , ~~ ~ cn ;~ W ~;") T Petitioner(s) Printed Name Petitioner(s) Printed Address William G. Fenwick Jr. --+ 1•`- 305 Candleli t Drive Cam Hill PA 17011 ~ ~ `~ 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 DLe~c-edent, the Petitioner(s) wi nd truly admi er the estate according to law. Sworn to or (firmed and subscribed before yW ~ ~ ~ ~ ~~ ~ ~~~~ Date . 3- t Z -Z'° ~ 2 met is day of _ ~pL Date By~ Date the Register Date BOND Required: ®YES (~ NO FEES: Letters .................... $ 3ia . b ~ ( Short Certificate(s)...... ~• 6 t7 ( )Renunciation(s)........ . ( ~ Codicil(s) ............. . Da ( )Affidavit(s)........... . Bond ........................ Commission ................. . Oh r. ........ Automation Fee .............. . 7CS Fee ..................... ~ 0 TOTAL ..................... $ To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Stanley A. Smith Supreme Court ID Number: 33782 Firm Name: Rhoads & Sinon LLP Address: PO ox j 146 One S. Market SQiIRi'e~ 1~th,Elonr Harrisburg. PA 17108-1146 717-233-5731 717-260-4428 c. ith rhnarlc_sinnn-cnn~ t.V-Jr~ DECREE OF THE REGISTER Estate of Odell Sutton File No: /t-~~~ 1 /~-~ ~~Q~ a/k/a: Odell W. Sutton AND NOW, rch ~~ ~ , in consideration of the fo egoing Petition, satisfactory proof having been presented before me, IT IS D ~ ED that ett r are hereby granted to / ~ / _ _ ~ the,~bove estate. acrd (i(`ats~licablc) tbzt, the instrument(s) dated _ /~~~~..~ described in the. Petition be a fitted to Furm RW-02 rev, !0/!l/1011 and filed of rage s of z // ~~ rv ~ ~ ~' ~-' OATH OF SUBSCRIBING WITNESS ~ (ES) REGISTER OF WILLS ~Q~ CUMBERLAND COUNTY, PENNSYLVANIA .~?D z- o ~ rn c~ ~,• ,. Estate of Odell Sutton a/k/a Odell W. Sutton ,Deceased Cindv L. Leitzel, a subscribing witness to the Codicil dated June 27, 2011 presented herewith, being duly qualified according to law, deposes and says that she was present and saw the above Testator sign the same and that she signed the same and that she signed as a witness at the request of the Testator in his presence and in the presence of each other. ~',~ ~ ~~ (Signature) 4664 Back Road (Street Address) Halifax, PA 17032 (City, State, Zip) Executed out of .Register's Office Sworn to or affirmed and subscribed before a this - day Public Commission Expires: ignature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) V'. ~~ V. .. COMMONVVEALTH OF PENNSYLVANIA Notarw seM Yvonne R. oum.m, Noary PubNc ~~~~ commialon Expr~. ao,'o~a Member, ~Avania Assodatlon NOTE: To betaken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) at time of notarization Form RW-03 rev. 10.13.06 sais2s.~ ~Q ~~ OATH OF SUBSCRIBING WITNESS(ES) ~ ~ c~ ~~~ ~ REGISTER OF WILLS ~~~ _ _~ ..., CUMBERLAND COUNTY PENNSYLVANIA '~ ~~ "~ , , ~ "`:~~ , ~-~c7-~, C7 ~ ~ _. ~ x =..~, ~ ~ r ~ `'",~ Estate of Odell Sutton a/k/a Odell W. Sutton Deceased Stanley A. Smith, a subscribing witness to the Codicil dated June 27, 2011 presented herewith, being duly qualified according to law, deposes and says that he was present and saw the above Testator sign the same and that he signed the same and that he signed as a witness at the request of the Testator in his presence and in the presence of each other. (Signature) 1833 Red Spruce Lane (Street Address) Mechanicsburg, PA 17050 (city, state, zip) Ezecuted out of Register's Office Sworn to or affirmed and subscribed befog me thi `7~- day of n 2012 . J.`.. ~~ ca ~..~ l Notary Publid~ My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) of perlwsnv~wrn NoraitM seal EmN s. , Notary ~ ~ co mis N~ vWen tau of rams NOTE: To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) at time of notarization Form RW-03 rev. 10.13.06 sa~s2aa LAST WILL AND TESTAMENT n . =p ~ ~° _ +~~ z ~, ~ ; n ' ~~ ~ OF _ ~,~~ ODELL W. SUTTON ~`c'.'~',~~ W f~iTl . x ,, f;, ,.~ ~ -f, ~ ~ ~; ~ ~ --1, ~~~ ~ ~ W y ~ ~! c~ I, ODELL W. SUTTON, of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to RAPHAEL P. SUTTON (hereinafter referred to as "My Spouse") and I have no children. 1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections and artwork, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I direct my Executor to distribute such articles among my friends and my and My Spouse's relatives as my Executor, in my Executor's sole and absolute discretion deems to be appropriate. Such articles not distributed in kind by my Executor shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. RESIDUE - IF MY SPOUSE SURVIVES ME. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to My Spouse, if My Spouse survives me. 3. DISTRIBUTION IF SPOUSE DOES NOT SURVIVE ME. If My Spouse does not survive me: Page 1 of 5 Pages 617559.1 (a) I direct that the following bequests be paid: (i) Thirty Thousand Dollars ($30,000.00) to CECELIA ROSE SPERA, 555 Brentwater Road, Camp Hill, Pennsylvania, if she survives me, or if she does not survive me, to her issue living at my death, per stirpes. (ii) Twenty Thousand Dollazs ($20,000.00) to BRICE and KRISTINE ARNDT, 346 Regent Street, Camp Hill, Pennsylvania, jointly if they both survive me or entirely to the survivor if only one survives me. If neither of them survives me, this bequest shall lapse and be null and void. (iii) Five Thousand Dollazs ($5,000.00) to JAMES and DONNA LEE McCALL, of 331 Regent Street, Camp Hill, Pennsylvania, jointly if they both survive me or entirely to the survivor if only one survives me. If neither of them survives me, this bequest shall lapse and be null and void. (iv) Five Thousand Dollars ($5,000.00) to PAUL and LUCY GNOZZA, of 355 Regent Street, Camp Hill, Pennsylvania, jointly if they both survive me or entirely to the survivor if only one survives me. If neither of them survives me, this bequest shall lapse and be null and void. (v) Five Thousand Dollars ($5,000.00) to DAN OLANDER, of 4620 North Park Avenue, Suite 306E, Chevy Chase, Maryland, if he survives me, or if he does not survive me, this bequest shall lapse and be null and void. (vi) Five Thousand Dollars ($5,000.00) to CHRISTINE FORSHEA, of 24 Station Street, Homer City, Pennsylvania, if she survives me, or if she does not survive me, this bequest shall lapse and be null and void. (b) I give, devise and bequeath the residue of my estate remaining after the bequest set forth in paragraph (a) if My Spouse does not survive me in three equal shaees as follows: (i) One equal shaze to my brother, PAUL SUTTON, now of 13 Beech Street, Homer City, Pennsylvania, if he survives me. If Paul does not survive me, this share shall be divided between the other shares of my estate under pazagraphs (b)(i) and (ii) of this ITEM. Page 2 of 5 Pages (ii) One equal share to my brother, EUGENE R. SUTTON, of 308 Saddlebrook Drive, Indiana, Pennsylvania, if he survives me, or if he does not survive me, to his wife, DONELLA SUTTON, if she survives me. If my brother, Eugene, and his spouse both die before me, the share of such residue passing under this paragraph (b)(ii) shall be distributed to Eugene R. Sutton's issue living at my death, per stirpes. (iii) One equal share to my niece, MARLENE GELBAUGH, of 1 Winsor Drive, Indiana, Pennsylvania who has always been a great help to our family if she survives me, or if she does not survive me, to Marlene's issue living at my death, per stirpes. 4. FIDUCIARY POWERS. In the settlement of my estate, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates. (b) To vary investments, when deemed desirable by the Executor, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates, or as to which such Executor or its affiliate acts as investment advisor, as the Executor shall deem wise. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate Page 3 of 5 Pages said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which maybe necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. (f) To compromise controversies. (g) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. 5. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint my Executor hereinafter named or such person appointed by such Executor as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 6. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the residue of my estate as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 7. EXECUTOR APPOINTMENT. I hereby appoint CECELIA R. SPERA, of Camp Hill, Pennsylvania, as Executrix of this Will. If for any reason Cecelia R. Spera should fail Page 4 of 5 Pages or cease to act, I appoint BRICE ARNDT of Camp Hill, Pennsylvania, as Executor in her place. All references in this Will to my "Executor" shall refer to my originally named Executrix or to my successor Executor, as the case maybe. 8. WAIVER OF BOND. My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding four (4) pages, this ~ day of v v s 2006. ~..~.~ ~~ (SEAL) Odell W. Sutton We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. (SEAL) Residing at: (SEAL) Residing at: / ~~'~ Page 5 of 5 Pages COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~~`""`'~ ~ We, ODELL W. SUTTON, s and ` the Testator and the Witnesses, respectively, whose names are signed to the foregoing ' ent, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue infl Odell W. Sutton Wi s Witness Subscribed and acknowledged before me by ODELL W. SUTTON, the Testator, and subscribed and sworn to before me by 'Skc.~,. ~ t .Qt - .`~~-and i r~ ~ Ko~rc`~ ,the witnesses, on this ~ day of ~ ~~ c~ b ~" , 2006. -- Notary Pu 'c My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cind L. Leitzel, Notary Public City ot~Hanisburg, Daup~ County My Commission Expires~Dec. 2, 20D6 Mtrr~~e~r, Pennsylvania Association of Notaries CODICIL TO THE LAST WILL AND TESTAMENT OF ODELL W. SUTTON ~ na ~ y ~ ~ ~;~.. ~.-, ~~ zcn~ w rte` i :;~-~ ;,; 7 4 -n - ~ n b -' '~ _ `~ Q I, ODELL W. SUTTON, of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declaze this to be a Codicil to my Last Will and Testament dated August 9, 2006. I. My Spouse, Raphael P. Sutton, died August 3, 2010 so all provisions in my Will in favor of My Spouse aze hereby declazed null and void. . II. Because of the declining value of my estate, I revoke pazagraph (a) of Item 3 of my will which included six (6) bequests which aze now null and void. III. My brother, Eugene R. Sutton, has passed away. IV. I delete ITEM 7 of my will and provide the following new ITEM 7: 7. EXECUTOR APPOINTMENT. I hereby appoint my friend, WILLIAM G. FENWICK, JR., now of 305 Candlelight Drive, Camp Hill, Pennsylvania, as Executor of this Will. If for any reason William G. Fenwick, Jr. should fail or cease to act, I appoint my late spouse's niece, CECELIA R. SPERA, now of 551 Brentwater Road, Camp Hill, Pennsylvania, as Executrix in his place. Page 1 of 2 Pages 791031.1 All references in this Will to my "Executor" shall refer to my originally named Executor or to my successor Executrix, as the case may be. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, consisting of this page and the preceding one (1) page, this 3rd day of September, 2010. n ~ ~~ ~ \ lT (SEAL) Odell W. Sutton We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ~ii~ ~~~~ a~r~r~~~~~ ! 7 a 4 z~ Page 2 of 2 Pages COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: We, ODELL W. SUTTON, ~'J4rJOrr ~e ~. Sm ~ ~-~ and the Testator and the Witnesses, respectively, whose names aze signed to the foregoin instrument, having been sworn, do hereby declaze to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as a Codicil to his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Codicil as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. - " ell Subscribed and acknowledged before me by ODELL W. SUTTON, the Testator, and subscribed and sworn to before me by ~'"~,ovtt, ~ , .~r^~'r~ and ~,~~ ~ ~K; ~~ the witnesses, on this ~ day of ~.~tn~~- , 2010. Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cindy L. Leitrel, Notary Public City OF Harrisburg pauphin County My Commission Expires Dec. 2, 2010 Member, Pennsylvania Association of Notaries CODICIL ,~..-.~ ~' ~ ~~~ ~ TO THE LAST WILL AND TESTAMENT --- ~ -ti- „ - ~ w ~ ~i~ OF ~ ~ ~~; ~' c';.-? r, ' ~; n ©~ r - ~M ODELL W. SUTTON -~,~-+ v o ~., ~, ;:. I, ODELL W. SUTTON, of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last .Will and Testament dated August 9, 2006, as amended by Codicil dated September 3, 2010. I. I correct the second sentence of Item 3(b)(i) of my Will to refer to paragraphs b(ii) and (iii), not (b)(i) and (b)(ii). IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, nsist' of thi ne 7th day of June, 2011. (SEAL) Odell W. Sutton We, the undersigned, hereby certify that the foregoing- Codicil was signed, sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other,-have hereunto set our hands and seals the day and year above written, and we certify that ~t i~n~ of the execution thereof, the said Testator was of sound and disposing mind. and ~~~ , ~,~ (SEAL) Page 1 of 1 Page 819423.1 .Rhoads b Sinop U.P PO Box 1146 ne arket quaro, Floor Harrisburg, PA 1710$-1146 a s non PO Box 1146 Harrisburg, PA 17108-1146 717-233-5731 e ` COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND We, ODELL W. SUTTON, and the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as a Codicil to his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Codicil as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. Odell W . Sutton Witness Witness Subscribed and acknowledged before me by ODELL W. SUTTON, the Testator, and subscribed and sworn to before me by and the witnesses, on this day of , 2011. Notary Public My Commission Expires: (SEAL)