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HomeMy WebLinkAbout12-07-12PETITION F/OR GRANT OF LETTERS REGISTER OF WILLS OF ~./i~a-.v~jf„i~ COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are l8 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 oti Letters in the appropriate form: Decedent's Information ~_ Name: ~ tity I vfJ2N71 O6GA- ~. File No: a/k/a: a/k/a: (Assigned by Register) a/k/a: Social Security No: Date of Death: r /9 [~a r a.L9f ll7(LAge at death: Decedent was domiciled at death in Ub...~lr__ ~w tir ~~ County, /~ 4 principal residence at (3 [~/„e „tip o {`n:ye.. Ens~Pe s6 - Stree[address, Paat Office an Zip Cade L City, Town/ship or Borough Decedent died at ~ ~ U lvC S,a~,,r t~ Prv •~g, LEAS T !'c~vrsber~ /µrp Street address, Post Office and Zip Code Ci[y, Township ar Borough Estimate of value of decedent's property at death /jdomiciled in Pennsylvania ................. ........... All personal property Ijnot domiciled in Pennsy/vania ............. ........... Personal property in Pennsylvania IJnot domiciled in Pennsy!vania .............. .......... Personal property in County Vnlue ofrea[estate in Pennsylvania ............ ............... ...... ............... ......... TOTAL ESTIMATED VALliE... . Real estate in Pennsylvania situated at (Attach additional sheets, ifnecessary.) ~'~ ~-3 `1- 8''y6 Z~ _ (Stare) with hi/s/her last / ~'ed. G~.t 6e.~ ~ ,.yt- County /~ ~.r,..l v~t9~...oL ~~/7 County State $ 9~0 000 $ r $ 9~.ov~ Street address, Post Omce and Zip Code City, Township or Borough County Petition for Probate and Grant of Letters Testamentary ~ l3r 2 4 /Z ((( "' Petitioner(s) aver(s) he/s a/they is/are the Executor(s) named in the last Will of the Decedent, dated /~G b~rt-y and Codicil(s) thereto dated ~~ ~~ _ Slate relevant circumstances (eg. renunciation, death of¢xecuror, etc) Except as follows: afrer the execution ofthe instrument(s)offeredforprobate Decedent did notmarry, was not divorced, was notaparty to spending divorce procee ' g 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 adopts 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.ta, pendente lice, durance absentia, durance minoritute If Administration, c.t.a. or d.b.n.cta., enter date of Will in Section A above and complete -ist of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce hadbeen estak~'shed as defined in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitateAperson. `'.C. :r, ~ m ^NO EXCEPTIONS ^ EXCEPTIONS G O ,-, tTl Petitioner(s), afteraproper search has/have ascertained[hat Decedent left no Will and was survivedbf111ef~dlo~ngs~e(if~} qd heirs (attach additional sheets, iJbecessary): ~ S r C,t ? rrt rn ~ Name Relationshi -a ~ =' .4(dd s ~ O t7 C'a Cj ~ -''f ~I - ' ' --t `~ o a r?y o Forn, xw-nz ,~ev. loilliaoll Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } / p } ss: COl'~iTt' OF W.w bea ~0.s~°I' Official L'sc Only ECOROEO Ocr6CE OF EGIS7ER OF'~d1LLS Psatioceds) Printed Vane Pet¢ione 5 i~ ' ddre ' ~ ERIC nI ~U3 /~d~l7t ~~ RhMJ /-H 7 ~ LAND CO.. PA The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are tme and cortect to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Deced ,the Petitaio er will well and tmly administer the estate according to law. Sworn to or affirmed and subscribed before 1i/,rz~~T~~ Dare /d ~ 7 -tz me this ~ __ day of~,,, Pnl~, Dare BY: o ~Q~(~iQ t..Ai~--'~ Date Forrhe Register Dale BOND Required:~YES O To the Register of Wills: FEES: Please enter my appearance by my signature below: Lette~.s ...................... $ ( (~) Short Certificate(s)..... . Attorney ( )Renunciation(s) ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commiss' t .. ....... . Other ~........ Autmnation Fee .............. . JCS Fee ................ ..... TOTAL ..................... ~~~- Yngt)Q Name: Tn EJ r'L Supreme Court ~ ` J ID Number: O ~ y Firm Name: ~w .w 6 S ~- ~~ ~av ~ Er~ Address: .3 2~f Pa. .¢a L~~¢r~~ e.NS h Q ~, P.4- l 703 Phone: 7 / 7 ~! 3 4 - 8 6/6 Fax: Email: _T?,~ a~ tl UC~v rL G.r/-N( DECREE OF THE REGISTER Estate of Vv`t `~ ~J """""~ 0 ~-t ~ File No: ~ I ' I d~ - 1 Gl D l~ a/k/a: AND NOW, Ol~l~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT I DECREED that Letters ~g~y r~ are hereby granted to ~~(,L-\f ~r c,~rk~ in the above estate and (if applicable) that the instrument(s) dated d ' J d- described in the Petition be admitte to probate and Form R4V-0? rev. f~/l(/10f1 of the la~ill (and ~J age 2 of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. I~ee for this certifi~~~~QFD ~F~t~E of 'Chic i~ to certify that the information here given is REG~$T~R QF ~~~~~$ correctty copied from ^n original Certificate of Death duly tiled with me as Local Registrar. The original p p certificate will he forwarded to the State Vital (~l2 QE~ 7 Ii~ ~ 3U R°-~rds Office for ermanent filing. Certification AR~R~AN$~ COURT Local Registrar Date Issued GUM••ERLAND Co., PA WMMUNWEILL>N OF pENNMVANIA•OEPARTMENf OF NEALTN•VITAL ItEC-0aOz ^° m•^•^• CERTIFICATE OF DEATH YytE FII~ Numb•~ 69 f 2 s ®Yu p s•mo:.a rrpm smm 13 Blua Bpruca Dr1Va 11-5-2012 1943 e.e.a.m Iw.a.n _ Nc•a.N Ilwa wnnln Cremation Boc Laty o£ Pennsylvania ~- ~/ I FD-013396-L I Harrisburg, PanneylVania 1J109 ifs N a•pu nr 1•V•I M °enool.emPl•<•a a3 tn• time of a••M. ' un^ [<n [r.e. or I°.a k [M b p•nI.NMI p•n14L•Unb. 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Dtn•r tsveNV) DNpmkbn pump No. O S J o `~ ~ nEV 0]/1.11 LAST WILL and TESTAMENT Goth BE Rr_H~J~ I, John Dubert Ober, II, a resident oflktu~unty, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. Section One: Gift of Tangible Personal Property: I give my tangible personal property, including, but not limited to any and all autos, furniture, china, silverware, jewelry, ornaments, works of art, books, pictures, trains, and wearing apparel to ERIK DAVID OBER (DOB 5-13-1979 of 40179 184`h Street, Frankfort, SD 57440). If ERIK fails to survive me, I give such property to his surviving children, to be divided among them in substantially equal shares as they agree. THIS SECTION INTENTIONALLY LEFT BLANK r_, ~ n C O ~; - ~ +~'~ rc1 Q ~ ;n . ~ ._, u~ ~~ ..._ ., 00 -Q ; C_> ~ v7 cr m s ~ ~ y. r ..{ r;7 rn r ~ rn -~ CJ n ::S r> ~_ LQ r" rtl ro `~ c~~ r cn ° ;> cn a'` Section Two: Residuary: I give the balance of my estate to ERIK DAVID OBER. If ERIK fails to survive me, I give the balance of my estate to his surviving children to be divided among them in equal shares. Section Three: Tax Clause: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, other than any generation skipping taxes, (including any interest and penalties thereon), which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate before its distribution. Section Four: Protective Provision: z ~/ I direct that the principal of my estate and the Trust hereunder, and the income therefrom, so long as the same are held by my Executor or Trustee, shall be free from the control, debts, and liabilities and assignments of any beneficiary interested therein, and shall not be subjected to execution or process for the enforcement of judgments or claims of any sort against such beneficiary. Section Five: General Provisions: The following provisions shall apply, anything in this Will to the contrary notwithstanding: A. It is my intention not to exercise any power of appointment I may have. B. All primary, alternate and residuary beneficiaries are required to survive me by a period of thirty (30) days as a condition of receiving any gift under the terms of this Will. C. The words "My Executor" and "My Trustee" shall refer to all those from time to time acting as such. D. Any Executor or Trustee serving hereunder may, at any time and from time to time, release, renounce or disclaim, in whole or in part, or otherwise limit any power granted to such fiduciary under this Will, by written instrument, duly signed and acknowledged before a notary public. Such instrument need not take effect immediately and may be contingent upon the occurrence or non- occurrence of any event. E. In exercising any discretion to pay income or principal, Trustee may take into account the income from other sources and the personal assets of any beneficiary. Any such discretionary payments may either be made to the beneficiary or applied directly for such beneficiary's benefit. F. All questions pertaining to the validity, construction and administration of the Trust hereunder shall be governed by the laws of Pennsylvania even though administered elsewhere within the United States or abroad. The situs of the Trust hereunder shall be Pennsylvania, provided, however, that Trustee may, in Trustee's discretion, change the situs of the Trust, in which case Trustee shall notify, in writing, the beneficiary currently eligible to receive income or principal from the Trust of the new situs. Section Six: General Powers: A. In addition to any authority otherwise given, I expressly grant to my Executor and Trustee the following powers, to be exercised in the discretion of my Executor and Trustee and on such terms as my Executor and Trustee may deem best with respect to my estate and the Trust hereunder, without need for court approval and effective until final distribution of all assets: 1. To lease, sell, mortgage, or otherwise encumber, for any period of time, any real or personal property that may be included in my estate; to maintain, repair, alter, improve, restrict, subdivide, develop, partition, dedicate or abandon real estate; and to give options and execute option agreements for the sale or lease of assets held, without obligation to repudiate the same in favor of better offers. 2. To receive, hold, maintain, administer, collect, invest and re-invest the estate and trust assets, and collect and apply `~ the income, profits, and principal of the estate and trust in accordance with the terms of this instrument. 3. To receive additional assets from other sources, including assets received under the Wills of other persons. 4. To acquire, invest, reinvest, exchange, retain, sell and manage estate and trust assets, exercising the judgment and care, under the circumstances then prevailing, that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the Executor and Trustee are authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, persons of prudence, discretion and intelligence acquire or retain for their own account, even though not otherwise a legal investment for trust funds under the laws and statues of the United States or the state under which this instrument is administered. 5. To retain any asset, including uninvested cash or original investments, regardless of whether it is of the kind authorized by this instrument for investment and whether it leaves a disproportionately large part of the estate or trust invested in one type of property, for as long as the Executor or Trustee deems advisable. 6. To sell, option, mortgage, pledge, lease or convey real or personal property, publicly or privately, upon such terms and conditions as may appear to be proper, and to execute all instruments necessary to effect such authority. To compromise, settle, or abandon claims in favor of or against the estate or trust. 8. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appear to be proper. 9. To make allocations of chazges and credits as between principal and income as in the sole discretion of the Executor or Trustee may appear to be proper. 10. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the estate or trust. 11. To make division or distribution in money or kind, or partly in either including disproportionate in-kind distributions, at values to be determined by the Executor/Trustee and the judgment of either in such respect shall be binding upon interested parties. 12. To bind the estate or trust by contracts or agreements without assuming individual liability for such contracts. 13. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds or other properties of the estate or trust. B. All powers granted to my Executor and Trustee under this and other Sections of this Will aze exercisable only in a fiduciary capacity. No such power shall be construed to dispose of any estate or trust asset for less than adequate consideration. C. The individual Executor and Trustee have the power to resign as such without court approval. Section Seven: Bond Waived: Neither Executor nor Trustee nor any duly appointed successor shall be required to give bond or furnish sureties in any jurisdiction. Section Ei¢ht: Appointment of Executor: I appoint Craig L. Erdman, 103 N. 38`h Street, Harrisburg, PA 17109 as Executor of this, my Last Will and Testament. If Craig is unable or unwilling to act as Executor, I appoint my James M. Zugay, Esquire as subsfitute Executor. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal this ~~ day of ~"'b-y , in the year two thousand and twelve (2012). Jo Dubert Ober, II Signed, sealed, published and declared by John Dubert Ober, II, the above named Testator, as and for his Last Will and Testament in our presence, who at his request, in his presence and in the presence of each other, all being present at the same time, have his unto subscribed our names as witnesses. CQ -~._C~Q(`P~".B 1`l.P d ~ / Address: ~~{ c~q ~1C~rT~ ~SYL t \~Q ~ ~ i'~-t ~~(l C~ ( Address: ~ ~ ~ (~~ ~ ~ 7~(~ Address:`~~~Q We~~-iC;' hn~2~~ .L.sil(iG/~1s~2.uy~ IoF, ~ 7dgg~ STATE OF Pennsylvania ss. COUNTY OF ~~~~~, pV I, John Dubert Ober, II, the testator, and ~Ar-~2-/rGL /n~-c fC. , ~I~e.b~-•~. 7'~-^~k/.~. ,and Ta~~ ~k; //e ~- > the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and Testament and that she had signed willingly, and that she executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as witness and that to the best of his or his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. John Dubert Ober, II ~.~~~~ Witness _~L it e `~~.j~.eOQQ . Witness Subscribed, sworn to and acknowledged before me by John Dubert Ober, II, the testator, and subscribed and sworn to before me by C a..~t.m ~- M~ ~~ , 17~6r- Ji,v~y~. ,and T¢!)~ M.`//~ ,witnesses, this 23 "" dayof2012. DP,UPHIi,! GU}Ui~f ~'y~~ ( ~~ v~-~~`~=f ~ OF DSE THE: Fi CO:^:~!~`SSI„id F~X;=ii?t-S RST MOiVDAY OF JANUARY201 STATE OF Pennsylvania ss. COUNTY OF ~~~, ,;~ , ~~ ~ On this ~ 3 day of >~~^~ ~ , 2012, before me, personally appeared John Dubert Ober, II, known to me or satisfactorily proven to be the name subscribed to the within document, and acknowledged that they executed the same for the purposes therein contained. ~-~ ~--~ My commission expires: JAnA~S A9.7_UvA`f, ESQ. DAUPNl1 COUN i Y E=ii_+~,i;1Dci-~ OF DEEDS COi~AN'1SSIOPd Es-rFi=S ~H~ i=RS7 hrO~uDAYOFJANUARY2016 l0