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HomeMy WebLinkAbout02-13-13Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who islaze 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: Carroll J. Huehey File No: _ ~ I ~ ~~ " 0 ~ ~~ ~/a: (Assigned by Register) aJk/a: a/k/a: Social Security No: Date of Death: December 28.2012 Age at death: 83 Decedent was domiciled at death in Cumberland County, pennsvlvania (Smte) with his/her last principal residence at 3292 Erford Road. Carlisle. PA 17015 Lower Frankford Township Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 3292 Enola Road. Carlisle. PA 17015 tower Frankford Township Ctmberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: Ijdnmiciled in Pennsy!vania ............................ All personal property $ 500.00 Tfnnt domiciled in Pennsy!vania ........................ Personal property in Pennsylvania $ !f not domiciled in Pennsy[vania ........................ Personal property in County $ value ofrea! estate in Pennsylvania ......................................................... $ 15 0.00 TOTAL ESTIMATED VALUE.... $ ] 58.000.00 Real estate in Pennsylvania situated at: 3292 Enola Road. Carlisle, PA 17015 Lower Frankford Township Cumberland (A«ach additional sheets, if necessary.) Street address, Post Offce and Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) if8V2t8tf/they mare the Executor(s) named in the last Will of the Decedent, dated September 1Q, 1996 and Codicil(s) thereto dated Renunciation siened by Daughter. Sheryl A Wazd State relevant circumstances (eg. renuncianon, death of executor, etc) Except as follows: afterthe execution ofthe instmment(s)offered for probate Decedent did not marry, was not divorced, was notaparty toapending divorce proceeding wherein [he grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS Q EXCEPTIONS © B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.l. a., pendente lire, durame absentia, durante minoritate If Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was notaparty toapending divorce proceeding wherein [he grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated peon. ~'~~ © NO EXCEPTIONS Q EXCEPTIONS C '--> ~ tart Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by thc-09lleAtying spou6~iaTlf any~att67teirs (attach additional sheets, if necessary): m S G'S ~ %~ ~ y. r F--. '-t 4 Name Reiationshi ~¢tfd} ~ ~ n O ~ 17 "r1 C7 O Yi ~ .~.- 'R y C~ ~ rrr w C.~ 'R Porn RW-oz rev. roauzon Page 1 oft ' Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND ) Petitioner(s) Prin[ed Name Petitioner(s) Printed Address Deneen C. Riccio 3292 Enola Road Carlisle PA 17015 717 249-7255 ~ i CLERK OF ORPHANS' COU OF 19 T PA The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct [o the best of the Farowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Dec dent, the Pett ' er( tll well d truly administer the estate actor ing to w. Sworn to or ffitmed an bscribed be/~fo~~r~ey ~ .,~„ij~ u \~1~ l~ y~ Date,~~~~y~ e ~ y , r]f.A ] Date "~ Date 111 ~ r he Register Date BOND Required: Q YES ~NO To the Register of Wilts: FEES: Please enter my appearance by my signature below: Lettgrs ........... .. .. ....... $y~~ ( ~JL )Short Certificate(s)...... ) ( ~ ) Renumoiation(s)......... ~- < ) coaiea(a) ............ . ( )Affidavit(s)........... . Bond ........................ Commission .................. Other ........ )n ~. tT.y~C I ~ Ka-bl ........ Automation Fee ............... ~. ICS Fee ..................... TOTAL ..................... $ x-960' Attorney Signature: ~0.etst~' ~ LlA Printed Neme: Craig A. iehl, Esquire Supreme Court ID Number: 52801 Firm Name: Law Offices of Craig A. Diehl Address; 34h4 Trindle Road (72m,~n'HiII,PA 17011 Phone: (717)763-7613 Fax: (7171763-8293 Email rdiehl®cadiehllaw cnm 3s3- sv' DECREE OR THE REGISTER Estate of Carroll 7 Huehev a/k/a: File No: ~ ~ _ ~ ~ ~ ~ ~~ AND NOW, ( .O~(~.__, in cons}derat~on of the foregoing Petition, satisfactory proo ing been res nted before me, IT I DECREED that Letter ~.1~ ~`,~-~>_ ~r o ~-~,o,, ~ n are hereby granted to n~~~~~~~~~ in the above estate and (if applicable) that the instrument(s) dated 9 described in the Petition be admit ed to probate and filed of record as Register of Form RW-Ol rev. 10/71/2071 l ~-%' _ Page 2 REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA RENUNCIATION IN RE: To the Register of Wills of Cumberland County, Pennsylvania: I, the undersigned, hereby renounce any right to administer the Estate of Carroll J. Hughey, deceased, and respectfully request that Letters be issued to Deneen C. Riccio. Witness my hand this ~ Y~ day of ~' .C.~(t-u~a: , 2013. ~_...- ,~ J , ,u ~ /~ Sheryl A. W d Address: 221 Pine Boulevard _ :, - - Orwiesburg, PA 17961 ,, >:k Sworn to or,affirrried and sub§critiedy ~ o ~ ~ o m~ ~ ~~. before me this ~ day ~ v r"- ~ ~ ran n ~ A w ~ o u~ of ~-~~^U Qf~/ , 2013, a ~, ~ ~ ° n T ~.y n ,~ ~~~ p c~l~ ° ~ ~~~ Notary Public yam'. ~ '-' "'°n My Commission Expires: ~1UJcUSf/Y~ J.ol4 G° T a cxurus RDTARr ruetx air of rGr<snuE, sanmau aRnm MY COMMISSION EXPlRE3 AUGUST N, 2011 ~00192fi38A~ ,, .. . ~~~~ 1~~ ~~~ ~~.~~~~~e~~ OF CARROLL J. HUGHEY I, CARROLL J. HUGHEY, of Lower Frankford Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my personal representatives hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as reasonably possible. However, my personal representatives need not accelerate and pay those unmatured obligations which, in their opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. I hereby authorize and direct my personal representatives to have my physical remains interred at the Mechanicsburg Memorial Cemetery. ~~ :U a 'f 7 ~ -T' GJ f I - j- ~ y Cb f.~ ~' ~ rn ~ ry tx' (~ ~ J W ::NJ ~~ ~ ~ ~~ i.'~ C7 q ~ C7 C'> .. ~~ 7 C= 3J ._~ "t Cb r= N a~ 4--. w PAGE 1 OF 5 l -~%'' v' .~, LAST WILL AND TESTAMENT OF CARROLL J. HUGHEY SECOND I give, devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shares to my children, SHERYL A. WARD, DENEEN C. RICCIO, KIM P. HUGHEY, LUCINDA S. AARONSON, GEORGINA H. PENDELTON, TAMI G. KECK, and GREGORY M. HUGHEY, who survive me by thirty (30) days, per stirpes. I direct my personal representatives to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a separate memorandum which I may place with my will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible personal property be divided between my residual beneficiaries with due regard for their personal preferences in as nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my personal representatives, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. PAGE 2 OF 5 ~~~~ v LAST WILL AND TESTAMENT OF CARROLL J. HUGHEY THIRD I grant my personal representatives the following powers in addition to and not in limitation of such powers as my personal representatives shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in their absolute discretion, it being my intention to give my personal representatives the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. PAGE 3 OF 5 J.'~l LAST WILL AND TESTAMENT OF CARROLL J. HUGHEY (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representatives shall see fit in their absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my personal representatives for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise ail powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to them may seem best and to execute and deliver all instruments and to do all acts which they deem necessary or proper to carry out the purposes of this, my Last Will and Testament. PAGE 4 OF 5 ~~~~ LAST WILL AND TESTAMENT OF CARROLL J. HUGHEY FOURTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representatives for the liability of such beneficiary. FIFTH I nominate, constitute and appoint my daughters, SHERYL A. WARD and DENEEN C. RICCIO, as Co-Executrices of this my Last Will and Testament. I direct that my personal representatives shall not be required to give or post bond for the faithful performance of their duties in this or any other jurisdiction. IN WITNESS iaHEREOF, I hereunto set my hand to this my Last t~2 Will and Testament this ~ day of t..~~ ~~ya/`~r~zJ 1996. WITNESS: /PQQ' CARROLL J. UGHE / . / ~~-~ PAGE 5 OF 5 T LAST WILL AND TESTAMENT OF CARROLL J. HUGHEY COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CU/I~BCIZc.~nn~ I, CARROLL J. HUGHEY, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. CARROLL J. H HEY Sworn or affirmed and acknowledged before me by CARROLL J. HUGHEY, the Testatrix, this /U~ day of d ).l.rrLT2v7~~-- , ].996. /s, ~ "'- NOTARIAL SEAL HELEN E. RASMUSSEN, Notary Public Camp Hill Borough, Cumberland County My Commission Expires Aug. 2, 1999 LAST WILL AND TESTAMENT OF CARROLL J. HUGHEY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF (.'v~(jC/L[f1Nl~ WE. ~ A- Il ~ ~ ~ ~ and ~//f/~/ ` if/.~CP~ the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnessed and that to the best of our knowledge the Testatrix was at the time 1.8 or more years of age, of sound mind and under no constraint or undue influence. ~ a.,1~.~7.~ 1 ~ U~ Sworn or affirmed an/d subscrib~ed/ before me by /'Ouc and ~l~l(.l.ri L /lla.C e this ~(~~ day of ~ t,~ 1996. ~---_. -- NOTARIAL SEAL HELEN E. RASMUSSEN, Notary Public Cemp Hill Borough, Cumberland County My Commission Expires Aug. 2, 7999