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Home My WebLink About12-20-12i nw c~rri~~Fs MARLIN R. McCALEE3 IN RE: ESTATE OF DOROTHY M. IN THE COURT OF COMMON PLEAS OF DURHAM, LATE OF THE CUMBERLAND COUNT, PENNSYLVANIA ,~- BOROUGH OF MOUNT ., ~ ~~:; ::-~ ~ ~ ` HOLLY SPRINGS, ORPHANS COUR~I~VISIOT~ ' ; ~~ 1 t°~~ ~ CUMBERLAND COUNTY, ~ -'~' = ~ ' '~"= PENNSYLVANIA, _ ~ ~~~ c~ ` ~ ~' ; DECEASED ESTATE NO. 211-~~,12~ , ~ ,, ~..... e ~ F0., PETITION TO PROBATE WILL AND ,AND `Y"~" - LETTERS OF ADMINISTRATION - ~-" r d~. r S . ~ 5~.. _. r~~`.~ t TO THE HONORABLE GLENDA FARNER STRASBAUGH, REGISTER OF WILLS: The Petition of Arlene M. Koser, an adult individual, respectfully represents and states as follows: 1. The Decedent herein is Dorothy M. Durham, a resident of the Borough of Mount Holly Springs, Cumberland County, Pennsylvania. 2. The Decedent died on February 28, 2011, at the age of 90 years. 3. At the time of her death, Decedent was not married (she was the widow of John F. Durham, who died on December 21, 2003) and she had no issue. 4. Eric L. Hollinger, Decedent's attorney-in-fact pursuant to a Power of Attorney dated February 3, 2011, undertook a diligent search of Decedent's home but did not find a Will. 5. Decedent's next of kin were her sister, Violet McCaulsin, and two nieces, Connie C. Balatri and Arlene M. Koser. 6. The aforesaid Violet McCauslin and Connie C. Balatri renounced their rights to administer Decedent's estate t } 'l. in favor of Arlene M. Koser, the Petitioner herein. 7. Letters of Administration herein were issued by the Register of Wills of Cumberland County, Pennsylvania to Arlene M. Koser on December 5, 2012. 8. On December 11, 2012, subsequent to the issuance of said Letters, your Petitioner discovered a hidden safe in Decedent's home, which safe included Decedent's Last Will and Testament dated July 24, 2006, a true copy of which is attached hereto and made a part hereof by reference thereto, marked Exhibit "A." 9. In Item FOURTH of said Will, Decedent appointed Thomas E. Flower, Esquire, to serve as Executor of said Will but she did not appoint an alternate for him. 10. Thomas E. Flower, Esquire, has renounced his right to administer the estate in favor of the Petitioner herein, Arlene M. Koser. 11. Petitioner has not made any distribution of the estate to any beneficiary. 12. The parties interested in this matter are as follows: Violet McCauslin 12 Mountain Street Mount Holly Springs, PA 17065 Arlene M. Koser 12413 Route 235 Thompsontown, PA 17094 Connie C. Balatri Via Del Porcellana 51 Florence, Italy 50123 ,~W ~>~ ~ ~~ ~~ MAKLIN K. McCALEB Thomas E. Flower, Esquire 10 West High Carlisle, PA 17013 NOW, THEREFORE, the Petitioner herein respectfully requests the Register of Wills of Cumberland County, Pennsylvania, to admit the Last Will and Testament of the Decedent dated July 24, 2006, to probate in accordance with 20 Pa C.S. ~ 3138 and In re Dietz Estate, 14 Pa. D. & C. 4th 392 (York, 1991) and to amend the Letters of Administration previously issued to the Petitioner to Letters of Administration C.T.A. Date: December,2012 Res ectfulr~Submitted, /_ ~ ~' Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 (717) 691-7772 I i1W ()I I IC ES II MARLIN R. McCALEB -3- VERIFICATION ARLENE M. KOSER, Administratrix of the Estate of Dorothy M. Durham and the Petitioner herein, verifies that the statements made in this Petition are true and correct to the best of her knowledge, information and belief. I understand that false statements herein are made subject to the penalites of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date : December , 2012 ~ ~y~ ~ ~ D~2GrLr~' Arlene M. Koser, Petitioner ,~~ti~ <>~ ~ ~~ ~5 ~~ MARLIN R. McCALEB _4 Exhibit "A" LAST WILL AND TESTAMENT OF DOROTHY M. DURHAM I, DOROTHY M. DURHAM, of South Middleton Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby ~i revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefor funds from my estate in such amount as he shall consider necessary and desirable, and I authorize my personal representative to cause title to or ership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, I authorize my personal representative to expend funds from my estate, SATDIS, FLOWER ~ LINDSAY ,~ro~uv~s.nT.inw 2109 Market Street Camp Hill, PA in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SECOND I give, devise and bequeath all the rest, residue and remainder of my estate to my sister, Violet McCauslin, of Mt. Holly Springs, absolutely and in fee simple if she survives me by thirty (30) days. If Violet McCauslin fails to survive me by 30 days, then Exhibit "A" t THIRD In addition to the powers conferred by law, I authorize any personal I direct that my estate shall be distributed in the same manner as provided by the terms ~ of her Will for the residue of her own estate. representative acting under this instrument, in his absolute discretion: A. To retain in the form received, or to sell either at public or private sale 'I any real or personal property; B. To exercise any options to subscribe for stocks, bonds, or other investments; ~i C. To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; D. To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; E. To make settlements and compromises on such terms as my personal SAIDIS, FIAWER ~ LINDSAY ATIORNEYS•AT•IAW 2109 Market Street Camp Hill, PA representative in his sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in his discretion may deem wise. Exhibit "A" 2 FOURTH I do hereby nominate, constitute and appoint Thomas E. Flower, Esquire, to act as Executor of this my Last Will and Testament. FIFTH I direct that my personal representative shall not be required to give bond for the faithful performance of his duties in any jurisdiction. IN WITNESS WHEREOF, I, Dorothy M. Durham, have hereunto set my hand and SAIDIS, ~~OWER ~ LINDSAY .~-.~.~W 2109 Market Street Camp Hill, PA seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first two (2) of which bear my signature in the margin for identification, this ~~'rday of \J , 2006. r i Doroth ~ .Durham Signed, sealed, published and declared by the above-named Dorothy M. Durham, Testatrix, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, in the presence of said Testatrix and of each other. ' ~~~ . r - . ~ -~.Q..---- ADDRESS ~~ (.t~, I~-~g(~. (%~ ADDRESS ~` `'~' ~`: ~!~/~ Exhibit "A" 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, Dorothy M. Durham, ~L~2A~~"I~ r~ ,~o~c~Prs~ and ~~~L~~~~~-- _ ,the Testatrix and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that executed 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 witnesses and that to the best of their knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~1 ~ 'v ~J Dorothy .Durham SAIDIS, FIAWER ~ LINDSAY .~-rox~~s.n~:.~n„~ 2109 Market Street Camp Hill, PA Subscribed, sworn to and acknowledged before me by Dorothy M. Durham, the Testatrix, nd subscribed to and wor or affirmed to before me by Q,, an ,witnesses, this day of 2006. ~~ otary Public . C~EAR~LE Q A9Y COMMI~SIaI ~I E~O10 Exhibit "A" 4