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HomeMy WebLinkAbout11-29-12PETITION 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 Name: Michael A. Nemir a/k/a: Michael Alan Nemir a/k/a: a/k/a: Date of Death: 09/14/12 File No: ~ ~ ~ ~ ~ -' (Assigned by Register) Social Security No: Age at death: 69 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 120 S. Filbert Street 17055 Mechanicsburg Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 120 S. Filbert Street 17055 Mechanicsburg 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 Pennsylvania ................................All personal property $ 190, 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 .............................................................. $ TOTAL ESTIMATED VALUE.... $ 190,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets, if necessary.) 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 thereto dated State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: 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(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 ntinoritate If Administration, c.t.a. or d.b.n.c.t.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): C~ ~> Name Relationship Adthe ~~ ~'"" ~ ~~ i' ~ . / ~ 4~ y~ ~~ `{ r ~F,..{ ~, u... 1 f~ C..1..~ V I V/ ~„~ 06/10/05 and Codicil(s) Pa e 1 of 2 `~~ Fornz RW-Ol rev. 1011.-2011 g ~~~ .~ • Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS. COUNTY OF CUMBERLAND } ~ c~ Official ~~ Only~'1 ~-j ~ ~-:. ~ ~ ~: c-~ ~~ r.~~a ~.:~ _.~ Petitioner(s) Printed Name ~, ,.. Petitioner(s) Printed;AdcT~ss ~~~" ° `"' `~~ Diane M. Este 15019 Hicksville Road ~~ t-.,, ~ ~~ Clear S rin ~ ~v MD ~~P722 The Petitioner(s) above-named swear;,) 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 Re~resertative(s) of the Decedent, the Petitioner(s) will well and truly administer the estate according to law. Sworn to op~fi~-med and subscribed before r ,..! c~ ; ~t, ~ ~ ~; ~<, .,F~, ~ - ~ ~ -; ~°'~ Date ,~ ~ ~ me thi By: Register 2012 Date ~~~ Date Date BOND Required: ^ YES ®NO FEES: t~~ Letters . .................... $ ~' ~ ( ~ )Short Certificates(s) ...... ~ ` ~~~' ( )Renunciation(s) ......... . ( )Codicil(s) ............. . ( )Affidavit(s) ............ . Bond ......................... Commission ................... . Otl~~/ ......... - d /~ Automation Fee ................. ~ `'9 ~~ JCS Fee ....................... -~_ ~~ TOTAL ...................... $ /~\ I To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: ~~~ Printed Name: Paul T. Scheme) Supreme Court ID Number: 83958 Firm Name: Dick, Stein, Scheme), Wine & Frey, LLP Address: 119 E. Baltimore Street Greencastle PA 17225 Phone: 717-597-0200 Fes: 717-597-2542 Email: pauldsslaw(a~pa.net DECREE OF THE REGISTER Estate of Michael A. Nemir a/k/a: AND NOW, , 2012 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Diane M. Estep the inetriiment(cl r~aterl 6/10/2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)} of File No: ~~ " / in the above estate and (if applicable) that Register of Wills ~~ ~/,;~~~~~G Form RW-OZ rev. 10,`I L'2011 ~e Of ~d„~ ~ ` 3 `y?. ~° , °~` f~::--- to ., ,:.~ ~j~ ~= ~w~ ~~' ~ t LAST WILL AND TESTAMENT ,~ ~ ~~ .ty,~ ~~ ~ ~ ~, ~.,~ ~~', ~,_~.:; . ~ rn ~~ :~ .rs 0 F ~ `;= ~ ~ MICHAEL A. NEMIR ~~ © ~ r.....y N~'CHAEL ~~' I A. NEMIR, a resident of and domiciled in t e , County of Washi ngton and State of Maryland, do hereby make, publish and de:~ yare this to be my Last W~i.l and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. FIRST: I direct that my legal debts and funeral expenses LAW OFFICES OF DEPUTY, NORMAN & BURDETTE, P. A. DEPUTY BUILDING 22 WEST SECOND STREET FREDERICK, MD 21701 301-662-8248 be paid by my Personal Representative or Personal Representatives, hereinafter named and referred to in the singular. In this connection, I authorize my Personal Representative to expend for the purposes of my funeral and for the erection of an appropriate marker at my grave, if not sooner done, such sum or sums as she may deem necessary or proper, in the exercise of her discretion, without an Order of Orphans' Court being required, it being my intention that my Personal Representative shall not be restricted in the making of such expenditure by statutory restriction or otherwise. SECOND: I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will, absolutely, in fee simple, in equal shares, to my friend, DIANE M. ESTEP, and to such of my children as may survive me; provided, however, that if any child of mine has predeceased me, leaving a child., children or descendants living at my death, such child, children or descendants shall take, per stirpes, the share of my estate to which the child, so dying, would have been entitled, if living. THIRD: By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Personal Representatives and,,/or Trustees, generally, my Personal Representative and/or my Trustee is specifically authorized and LAW OFFICES OF OFFUTT, NORMAN & BURDETTE, P. A. DEPUTY BUILDING 22 WEST SECOND STREE' {=REDERICK, MD 21701 301-662-8248 empowered with respect to any property, real or personal, at any time held under any provision of this my Will to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise r~1 ~~~ceive yy..,, ~ a ~. 1-, r. c c ~ -- ~ ; ~ ~ dg e ~. ~ , cpt! oris ~n11t1i resi'P~.t rl^i, ~.-~.,,e r~./.~.~~.,~..Loli of, ~ `-' / release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right, upon such terms and conditions as my Personal Representative and/or my Trustee may deem best, and to execute and deliver any and all instruments and to do all acts which my Personal Representative and/or my Trustee may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a Court Order. FOURTH: If any share or property hereunder becomes distributable to a beneficiary who has not attained the age of Twenty-one (21) years or if any real property shall be devised to a person who has not attained the age of Twenty-one (21) years at the date of my death, then such share or property shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Personal Representative acting as Trustee shall retain possession of such share or property in trust for such beneficiary until such beneficiary attains the age of Twenty-one (21) years, using so much of the net income and principal of such share or property as my Personal Representative deems necessary to provide for the medical care, education, support and maintenance in reasonable comfort of suer beneficiary, taking into consideration to the extent my Personal Representative deems advisable any other income or resources of such beneficiary or his or her parents known to my Persona 2 Representative. Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share or property shall be paid over, distributed and conveyed to such beneficiary upon attaining age Twenty-one (21) years, or if he or she shall sooner die, to his or her Personal Representatives or administrators. Whenever my Personal Representative determines it appropriate to pay any money for the benefit of a ,_ ~. fir ;,~~-~ a +-r,uct , s createa ~'iereur~der, trl~: sucrl amounts shall be paid out by my Personal Representative in such of the following ways as my Personal Representative deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative or friend for the care, support and education of the beneficiary; (4) by my Personal Representative using such amounts directly for the beneficiary's medical care, support and education. My Personal Representative as trustee shall have with respect to each share or property so retained all the powers and discretions conferred upon it as Personal Representative. FINALLY: I -~zominate, constitute and appoint my friend, DIANE M. ESTEP, as Personal Representative in probating this my Last Will and Testament. In the event of her death, resignation or failure to qualify as my Personal Representative, I nominate and a oint my brother, LEWELL NEMIR, to serve as Personal pp Representative in her place and stead. I direct that my Personal Representative shall not be required to give bond as such Personal Representative other than such nominal bond as may be required by law. I confer upon my Personal Representative full power and authority, in her discretion to do any and all things necessary for the complete administration of my estate, including the power to compromise any and all disputes that may arise and alsc the power to sell real or personal property belonging to m~ estate at public or private sale or sales. LAW OFFICES OF DEPUTY, NORMAN & BURDETTE, P. A. DEPUTY BUILDING 22 WEST SECOND STREE FREDERICK, MO 21701 301-662-8248 3 IN WITNESS WHEREOF, I have hereunto set my hand and ..~f ~~. ~`; b_ `,; -~ti' ,,. 2005. affixed my seal this day of (SEAL) MICHAEL LAW DFFICES OF DEPUTY, NORMAN & BURDETTE, P. A. DEPUTY BUILDING 22 WEST SECOND STREET FREDERICK, MO 21701 301-662-8248 The foregoing Will consist' of four (4) pages, this page included, was on the above date, signed, sealed, published and declared by the said Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. ;_~ ~ ,\ _. Signature : `~w-~. _...=~r,~e_ Print Name: ,_,~ w` .~ f t .s Address : r:`~ '~' ~_` dot,, .~~,~~,r` .~~~~>" 4 t ~,. ~~'y t 4 . `; ~-~:, Signature : ~ ~~i;:l't.l"~ ~~' ;°. , ~~'L:~ 1 Print Name . ~~~~`~~~( .'f /.S` Address . 4~t ~. ~t,~'`r ~.~ 1'~~ ~*°~;.~~ `'~ ~~.- ~4,f, /. -. a , .; ~ . ;,~39 ~_ ~~ `:~~ ~-. `~`' TH OF SUBSCRIBING WITNESS(ES) ,.,_ ~'` '~ ~:-~~ ~~ ~= `'`~ `=' ~ REGISTER OF WILLS ~ ~' rn ~= ~.1MBERLAND COUNTY PENNSYLVANIA ~...,.. ~.~ ~ ti. 0. ~ - '^ ~ ~ Lys ......~ ry rr ss `` V J... W ~~ ~~ U 4`~ Estate of Michael A. Nemir. aka Michael Alan Nemir ,Deceased John N. Burdette RetJecca H. [3aer , (each a s~tbsci-ibirib ivit~~ess t (Print Na~ne~s) the 0 Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that ~~k~-/ they -~a~-/were present and saw the above Testator ~ `~'~'~~~~+~=-- sign the same and that ~'~~-%-/ they signed the same and that ~/they signed as a witness at the request of the Testa. in presence and in the presence of each other. ~~ (Signature) (Signature) 22 W. Second Street (Street Address) 22 W. Second Street (Street Address) Frederick MD 21701 (City, State, Zip) Execuiecr i~t ~~~ister's ~~~ce Sworn to or affirmed and subscribed :~.~tda before me this ~`~ ~ ~~ ~ ='Y~`~ ~~ y ,. N Deputy for Register of Wills Frederick MD 21701 (City, State, Zip) Lxecut ~ ~ ut r~~~eb ister'~ efface Sworn to or affirmed and subscribed before me this ` ~` ~ ~ day of November , 2012 _.~ .~ Notary Public My Commission Expires: i { ~ ~ ~ ~ ~ "'. (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 November 8, 2012 Cumberland County Register of Wills 1 Courthouse Square Room 102 Carlisle, PA 17013 Re: Last Will and Testament of Michael Alan Nemir Via -certified mail receipt 1191 7199 9991 7031 4393 5580 Dear Register of Wills, The death of Michael Atan Nemir, was reported to our office by Diane Estep, of 15019 Hicksville Rd, Clear Spring, MD 21722. As Mr Nemir was a resident of Cumberland County at the time of his death, enclosed please find the purported Last Will and Testament of Michael Alan Nemir, dated August 12, 2006, filed with this office for safekeeping on July 30, 2009. We are also including for your records, the original death certificate provided by Ms Estep. Upon receipt of this letter, please contact Ms Estep at 301-582-0197, with further instruction to be able to open an estate account for Mr Nemir. If you need anything further from our office, please do not hesitate to call. n ~, ~ Respectfully, ~c~ '~; n l t _ W Cheryl A Cunningham ` ~ x Deputy, Register of Wills _. ~Y' -~ - .. ~:; ; o D G3 `'~ O L" enclosures as stated cc: Diane Estep /without enclosures