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HomeMy WebLinkAbout02-04-13PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Petitioner, named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof, avers the following and respectfully requests the grant of Letters in the appropriate form:; DECEDENT'S INFORMATION Estate of MARIAN L. BROWN Deceased Date of Death: December 13.2012 File No. ~)`" 1~~ A71 0 Social Security No. Age at Death: 93 Decedent was domiciled at death in with her last family or principal residence at (List street, atldress, towNdty, county, state, zip code) Decedent died at 2100 Benl Creek Blvd Mechanicsburg 17050 Silver Spring Township Cumberland Co PA List street, address, Post ONice and zip code city, township or Borough County State, Decedent at death owned property with estimated values as follows (If domiciled in PA) All personal property ................................................_..................,$ 300,000.00 (If not domiciled in PA) Personal property in Pennsylvania ......................_.............$ (If not domiciled in PA) Personal property in County ....................................._.............$ Value of real estate in Pennsylvania ............................................................................................._..._..................$ Real Estate situated as follows (attache additions/sheets ifnecessaryJ Street address, Post Once and Zip Code City, Township or Borough <-~~1 CquiSty, StPie ", © A. Petition for Probate and Grant of Letters Testamentary Petitioner avers she is the Co Executor named in the Last Will of the Decedent, dated November 12. 2012 relevant circumstances, e.g. renunciation, death of Executor, etc. Except as follows, After the execution of the instrument offered for probate, Decedent did not marry, was not divorced, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as defined in 23 Pa.C.S.A. § 3323(g} and did not have a child born or adopted and the Decedent was neither the victim of a killing and was never adjudicated an incapacitated person ~ NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (if applicable) enter c.t.a.; d.b.n.c.t.a.; pendent If Administration, c.t.a. or d.b.n.c.t.a., Except as follows: Decedent was not a party to a pending divorce proceeding at the divorce has been established as defined in 23 Pa.C.S.A. § 3323(g} and was neither adjudicated an incapacitated person ^ NO EXCEPTIONS ^ EXCEPTIONS minoritate r--zm ~ ~c~ mt a[h where~ty gr9unds for ~c~gl a kitting anrd ~s never n°"^ ~ ~~ '_ ~ rv r c~ Petitioner, after a proper search, has ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attached additional sheets, if necessary) Name Relationshi Residence OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA Official Use Only COUNTY OF CUMBERLAND Petitioner's Printed Name Petitioner's Printed Address DEBRA L.SHEVENOCK 218 RIDGEVIEW DRIVE MARVSVILLE, PA 17053 The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decodent, Petitioner will well and truly administer the estate according to law. Sworn to and affirmed and subscribed ~j .!-~ ~,~~`„g ~=,fL Z~ ~- ~3 DEBRA L. SHEUENOCK Before me this ~_ day of 2013. For BOND Required FEES Letters {~) Short Certificate(s) { ~}Renunciation .............. { )Codicil(s) { ) Affidavits} .................. Bond Commission Other , ~x~ ^ YES 8 NO $ J ~ ~~ _ $ ) ~~ To The Register a/Wills Please enter my appearance by my signature below: S Automation $ JCP Fee ....................... $~3^Sl~. TOTAL......... $T{.,~.~- Attorney Signature: ( ~jy~,~ Printed Name: EDMUND G. MYERS Supreme Court I.D. No: 20558 Firm Name: Johnson Duffie Stewa ~ Weid r Address: 301 Market S et. P.O. ~t ~ rn Lemovne PA 34 3~ '*~ ~~~- Phone: 717-761-4540 rn '~ ,~ ~~- Fax:_ 717-761-3015 ~ n r- rn~m- Email: EGMna idsw.com n .., z 70 ~o-,i ~: - DECREE TO THE REGISTER ~ ~ r~v ~ m Fa N O Estate of MARIAN L. BROWN ,Deceased. Filr~lo. v~l ~" L~' ~ ST Social Security No: Date of Death: December 13. 2012 AND NOW, ~\ l,L-C' ~i3 •,-264 in consideration of the foregoing Petition, satisfactory proof h g been pre ent d before me, IT IS DECREED that Letters Testamentary are hereby granted to Debra L. Shevenock in the above estate and that the instrument dated 2012 described in the Petition be admitted to as the ~. !.®C RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of MARIAN L. BROWN ,Deceased I, ROGER W. BROWN. JR. Co-Executor of decedent's Will dated November 12 2012, hereby renounce my right to serve as Co-Executor. R'ITNESS my hand this ~~ ~~ day of~ ~('((1 ~ //- , 2013. 1 (Date) Executed in Register's Office SWORN to and subscribed before me this _ day of , 2013. Deputy for Register of Wills tla '•oo oNtl7a3ewm~ 12lf10~ ,SNtlHd210 ~0 ~)d31~ DT ZI Wd t 933 EtDl ~ ~ ~~ ROGE W. BROWN, JR. 4634 Clearview Drive Camp Hill, PA 17011 Executed out of Register's Office COMMONWEALTH OF E~~`~?)``SYLVANIA: COUNTY OF ~_YJII'Iht/~CU'+CL Before the undersigned personally appeared the party executing this Renunciation and certified that he executed the Renunciation for the p rposes stated within on this ~tday of /~Iu1~ 13. r~t~.l,~le~~,~~.t~-. Notary Public My Commission Expires YLYANIA NpgrNlSwl l~M L WMMmrI, Nobry Publk l.emOytM Bono, OlmblrkM Coumy ur CmxnMNOn f~rec Hn, 1s, z017 r+~r+eea, oetwsrLVU~u assoannor of tams s-t-~e~ ao a3isio3a ao ~o«~o a~aaoaaa Last Will and Testament OF MARIAN L. BROWN I, MARIAN L. BROWN, of Silver Spring 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 revoking and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently maybe done. ARTICLE II TANGIBLE PERSONAL PROPERTY I give and bequeath my motor vehicles(s), household and personal effects and other tangible personalty of like nature (not including cash. or securities), together with any existing insurance thereon, unto my husband, ROGER W. BROWN, if he survives me by thirty (30) days. Should my husband, ROGER W. BROWN, not be living on the thirty-first (315`) day after my death, I bequeath such tangible personalty and insurance thereon to those of my children who aze living on the thirty-first {3151) day after my death, to be divided between theta by my 1sort~ 0 Representative with due regard for their personal preferences in as nearly equal s as pr~ticaL' m s c~ _,~ t' i ~ Y 7v au:~ a Q ~ ~ ^~ -n c5 0 -'z +3 :-o rv r-' 2y ~ ARTICLE III REST, RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue and remainder of my Estate, of whatsoever nature and wheresoever situate, unto my husband, ROGER W. BROWN, provided he survives me by thirty (30) days. Should my husband, ROGER W. BROWN, not be living on the thirty first (31S`) day following my death, I give, devise and bequeath all of the rest, residue and remainder of my Estate in equal shares unto my son, ROGER W. BROWN, JR., and my daughter, DEBRA L. SHEVENOCK. The share of a deceased child shall be distributed unto his or her then-living issue, per stirpes. ARTICLE IV DISTRIBUTION TO BENEFICIARIES UNDER THF. AGE OF 25 /INCAPACITATED BENEFICIARIES Whenever my Personal Representative is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in my Personal Representative's sole discretion exercised in good faith), my Personal Representative may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by my Personal Representative (including my Personal Representative), under any applicable Uniform Transfers to Minors Act - or Uniform Gifts to Minors Act, or may distribute such property directly to such beneficiary without liability on the part of my Personal Representative to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. 2 ARTICLE V POWERS OF FIDUCIARIES My fiduciaries shall have the following powers in addition to those vested by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as my fduciazies deem appropriate. B. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regazd to any principle of diversification or risk. C. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as my fiduciaries deem proper, without regazd to any principle of diversification or risk. D. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as deemed proper. E. To allocate receipts and expenses to principal or income or partly to each as from time to time considered proper. F. To compromise any claim or controversy. 3 G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation skipping or other tax refunds and the payment of such taxes as my fiduciaries shall deem appropriate, without obligation to adjust the distributive share of any person thereby affected. ARTICLE VI TAXES I direct that all estate, inheritance, transfer and other taxes of similaz nature payable by reason of my death, together with any interest or penalties thereon, and imposed with respect to any property, whether or not disposed by this Will, shall be paid out of the residue of my Estate .and shall be considered a part of the expense of the administration of my Estate. I furtlter direct that my Personal Representative shall have the absolute power in his or its discretion to pay the same at once whether or not the law under which they are imposed permits the postponement of all or part to a later date. ARTICLE VII PERSONAL REPRESENTATIVE I name, constitute and appoint my son, ROGER W. BROWN, JR., and my daughter, DEBRA L. SHEVENOCK, Co-Executors of this my Last Will and Testament. Should either fail to qualify or cease to so act, I direct that the other shall complete the administration of my Estate. I direct that no fiduciary acting under this Will, whether or not named herein, shall be required to Xbst bond for the faithful administration of the duties required in any jurisdiction. 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this ~ day of _,p(nd~Vh.l~c.r'' 2012. -~' icrns.~ NN L Signed, sealed, published and declazed by the above-named TESTATRIX, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. 5 AFFIDAVIT AND ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS We MA N W. BROWN, ~'~~~~ and (l~ the TESTATRIX and the witnesses, respe- cti~ely, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declaze to the undersigned authority that the TESTATRIX signed and executed the instrument as her Last Will 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 hislher knowledge the TESTATRIX was at that time eighteen years .of age o~olde~' r and mind and under no constraint or undue influence. !~~~~~..cc.,4~,..~ Subscribed, sworn to and acknowledged before me b M AN L. BROWN, STATRIX, r ubscribed and sworn to before me by 1 and witnesses, this t/2L da~yyo-f, , 2012. ~u"'°a"~a'f" N ~'Z~ Edmund G. Myer Attorney I.D. #20558 Supreme Court of Pennsylvania COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this -~ day of /V ~~~{~k,(~2A , 2012 before me, the undersigned officer, personally appeared EDMUND G. MYERS, I.D. #20558, known to me (or satisfactorily proven) to be a member of the bar of the highest court of Pennsylvania and certified that he was personally present when the foregoing acknowledgment was given by the TESTATRIX and the affidavits were sworn to by the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -..,Y ~~Y1~W -~_ _A~~ (SEAL) Notary 1?u~blic EGMaab:523 t 53 ~p~pµyyEgt.TH OF PENNSYWA}OA NaMA~I SAN Dam L WIMi~n, Norery Publk LannyrN 0010, CumbMend County M ComN~NOn EM Ireo,Nn. 16, II019 M. r, n..oalkn a 7