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HomeMy WebLinkAbout11-21-12Reset 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 Name: Sally J. Liddick a/k/a: a/k/a: a/k/a: Date of Death: January 29, 2012 File No• ~/ ~ ~ ~ ~ - ~ ~ 1 r (Assigned by Register) Social Security No: Age at death: 65 Decedent was domiciled at death in Cumberland County, pennsylvania (State) with his/her last principal residence at 49 Lonewood Drive. 17050 Mechanicsbure Silver Shrines Township Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 49 Lonewood Drive. 17050 Mechanicsbure Silver Shrines Township Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsy!vania ............................ All personal property If not domiciled in Pennsy!vania ........................ Personal property in Pennsylvania If not domiciled in Pennsy!vania ........................ Personal property in County Value of real estate in Pennsy!vania ........................................................ . TOTAL ESTIMATED VALUE... . $ 300,000.00 $ 300.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets, ifnecessary.) Street address, Post Office and Zip Code City, Township 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 April 9, 1990 and Codicil(s) thereto dated State relevant circumstances (eg. renunciation, death of executor, etc.) Except as follows: after the execution ofthe 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. a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c.t.a. or d b.n.c.~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/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Relationshi Address =~~ ~- -t; ~ - ` ~ ~~ ~^.' ~: ~ _ _ "- -p .. v f ~? :~ )~ r-> : --i= r ,' ~1 `7 ~~ 'r'1 `~'7"~t -7"1 Form RW-02 rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND ~ r~ t_.~~.. ~i11 see - R ~` ~ ~'~c ~F}!2 ~~~ 2 I Pt: 3: 0 Petitioner(s) Printed Name Petitioner(s) Printed r ss Thomas G. Liddick Sr. 49 Lon wood Drive Mechanicsbur PA 17 wry! r ~ (~ 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 Dec gnt, the Petitioner(~will well an¢ truly administer the estate according to law. Sworn to or affirmed a d suhscribed before ~J~~~-~(~ '~G~~~~~ Date I/ ~O / Z me this ;day of ~;Y,~ , ,~p~ ~. Date By, ~-~--~-' ~ Date or the Register Date BOND Required: ®YES ®NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters ...................... $ 310.00 ( 4) Short Certificate(s). ~~ . 16.00 ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other Will ...... 15.00 ........ Automation Fee ............... 5.00 7CS Fee ..................... 23.50 TOTAL ..................... $ '69.50 Attorney Signature: Printed Name: Salvatore J. Bauccio, Esqurie Supreme Court ID Number: 206534 Firm Name: McNees Wallace & Nurick LLC Address: 1.00 Pine Str P.n_ Rox 1 166 Harrisbure, PA 17108-1166 Phone: Fax: Email: 717.237-5238 717.260.1686 Shannnin~j mwn rnm DECREE OF THE REGISTER Estate of Sallv J. Liddick File No: a! • ( ~ ~ a/k/a: ~~ AND NOW, i~OV..Q nn h~ r d(-Q 010 ~ ~- , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Thomas G. Liddick, Sr. in the above estate and (if applicable) that the instrument(s) dated Apri19, 1990 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~ 1 ~~C'~UYLPl- .U' Y ~~~J Register of Wills ~~ ~ ~~~"-~~~( ~~f Form RW-02 rev. 10/11/2011 Page 2 of 2 +nS OItC )C~ /~. LO ~,~,~ISTRAR'S CERTIFICATION OF DEATH IL1>{~~• t~~ to duplicate this copy by photostat or photograph. :, ,. . _.t..V ~-~ Ivl uu~ ~cruiic;atc, ao.w,•Illt ~~~ 21 P~ This is to certify that the information here given is 3' ~z correctly copied from an original Certificate of Death P 1 Q 1 a /I ~ Q I~M~FRl~~NC~ CU., pq Certification Number Y SY 7 a 2 duly filed with me as Local Registrar. 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Dtta S4ned ( nrl n ~>s (n0.A+v~v w ~ GANQNIt.I, PA 1}011 A'rfL KA SN p,L_ n V 61 31 3o Z aD. so b mfee NUm al. t. aslplaMe a I,te . t e k te ' o~ _ -] IJ, ~ ~ .'+7 G7 , /~ a3. Am r nts gspmttbn PennR No. OI/, 1 / / 1 // NIDSla3 REV D)/1011 t WILL OF SALLY J. LIDDICK I, SALLY J. LIDDICK, of Cumberland County, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Pers_ onalty. I bequeath such items of my tangible personal property as are specifically itemized on a list, if any, in my handwriting, signed and dated by me at the end thereof, and attached to this, my will, to the persons named thereon to receive such items. I bequeath to my husband, Thomas G. Liddick, Sr., all of my remaining tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, if he survives me. If my husband does not survive me, then I bequeath all said property, together with the insurance thereon, to my son, h,? Thomas G. Liddick, Jr., if he survives me, and if he does not surv~ ~~~ ~~~ me , t~ ~'~ `r his issue per stirpes, rt-- ,--, ,,,~ `r>...r _ 2. Residue. I bequeath, devise, and appoint all the restC~~.m}~ property, of whatever nature and wherever situated, including prop riser over~,~ .. which I hold a power of appointment, except that I do not exercise any poweern of appointment given to me by my husband, to my husband, Thomas G. Liddick, Sr., if he survives me, or, if he does not survive me, to my son, Thomas G. Liddick, Jr., or, if my son does not survive me, to his issue per stirpes. I specifically request that any beneficiary hereunder provide out of assets received hereunder such amounts as are needed for my mother, Sara J. Stanton, and my husband's mother, M. Elizabeth Thomas, to enable them to lead '~~ F~ f"f"1 i ~ u-; r~ -- -t `-= -~ c: r~-t r- r S _, _. ,- ~~ ri cn _~ comfortable lives, or as needed for emergencies, to the extent that funds are not available elsewhere (such as through Medicare or Medicaid), as long as they shall live. 3. Survival. If any beneficiary should die within sixty (60) days after me, then he or she shall be deemed to have predeceased me for all purposes of this will. 4. Svendthrift Clause. No interest of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his or her interest, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his or her debts, contracts, torts, or other engagements of any type. 5. Trust for Minor Beneficiarv. If any beneficiary hereunder is under the age of twenty-five (25) years, his or her share shall be retained by my executor as trustee in trust until such beneficiary has attained said age. During the period of the trust, there shall be distributed to the beneficiary such portions of income or principal as may, in the sole discretion of the trustee, be necessary for his or her support, education or to meet needs of an emergency nature, such as those arising from serious illness or accident, taking into account such other sources of support as may be available. The total amount due the beneficiary shall be paid to him or her when he or she attains the age of twenty-five (25), and, if he or she dies prior to such age, such amount shall be paid to his or her estate. - 2 - 6. Facility of Payment for Minors or Incompetents. Any amounts or assets which are payable or distributable to a minor or incompetent hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. 7. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent of any court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and the stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a charac- ter authorized by law. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limita- tion, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mort- gages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduci- ary hereunder, for any purpose in connection with the administra- tion hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of such amounts by - 3 - mortgages or pledges of any property, real or personal, which may be held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obliga- tion, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such prop- erty which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to pay out of the assets held hereunder, any fees, expenses - 4 - and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and gen- erally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transac- tions with the estate of my husband or any trust established by either of us, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 8. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor may in the discretion of my executor request that any portion or all of said taxes - 5 - (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. 9. Fiduciaries. I appoint as executor hereunder my husband, Thomas G. Liddick, Sr. If he should be unable or unwilling to serve or to complete the administration of my estate, then my son, Thomas J. Liddick, Jr., shall serve in his place. If he should be unable or unwilling to serve, then Gwendolyn J. Shelly, of Wormleysburg, Pennsylvania, shall serve in his place. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of duties hereunder. 10. Gender. Unless the context indicates otherwise, any use of masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, SALLY J. LIDDICK, herewith set my hand to this, my last Will, typewritten on seven (7) sheets of paper including the self-proving attestation clause and signatures of witnesses, this "i~['v1 da of Y -k~rre~ 19 9 0 . ~?~r~~, SALLY ~~~~ (SEAL) J. IDDI Witnessed: residing at residing at ~~ residing at ~/~/j~/C~j/,Qy ~j~ 6 - COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN l ~AL~ J~DD~,CK, (the testatrix) , t,~C( ~! ~r~ n (ODD-10 and l~ ~ (the witnesses' whose names are signed to the foregoing instrument, eing first duly sworn, each hereby declares to the undersigned authority that the testatrix signed and executed the instrument as her last will in the presence of the witnesses and that she had signed willingly, and that she executed it 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 his or her knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: V ~" WITNESS: n~~- TESTATRIX: SALLY J. IDDI WITNESS: 2Yl ~ i 1.1~, - Subscribed, sworn to and acknowledged before me by SALLY J. LIDDICK, the testatrix, and subscribed and sworn to before me by ~ ~. ~~ l'`~'~- - ~L~ cG and / - (~ ~Q~t the witnesses, t this ~~ day of~1990. G(.tC~G~,z~ Notary Public (SEAL) NOTARIAL SEAL Jutlittt A. Nor~stram, Nod^~ Public Narri~b:;r ~, E'A Da~,~~irr (:;~~a~iy My Commission Expires Sept. 21,1993 - 7 -