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HomeMy WebLinkAbout02-25-13PETITION 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 j /~ _ Name: SUZANNE J. COULTER File No: ~I / IJ t~_~ a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: FEBRUARY l7, 2013 Age at death: 89 Decedent was domiciled at death in CUMBERLAND County, pF.NNSYi.VANIA (State) with his/her last principal residence at 210 BIG SPRING ROAD, NEWVILLE 17241 W PENNSBORO TOWNSHIP CUMBERLAND Street address, Post Office and Zip Code City, Township or Borough County Decedent died at GREEN RIDGE VILLAGE. NEWVILLE W. PENNSBORO TOWNSHIP CUMBERLAND PA Street address, Post Office end Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: ljdomiciled in Pennsylvania ............................ All personal property $ 22,000.00 Ijnot domiciled in Pennsy/vania ........................ Personal property in Pennsylvania $ ljnot domiciled in Pennsy!vania ........................ Personal property in County $ Value ojreal estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 22.000 00 Real estate in Pennsylvania situated at (Attach addidonal sheets, i(necessary.J Street address, Post Office and Zip Code City, Township ar 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 NOVEMBER 15, 2006 and Codicil(s) thereto dated State relevant circumstances (eg. renuuiation, 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(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. O NO EXCEPTIONS Q EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c. t.a., d.b.n., d. b.n.c.t.a., pendente lire, durante absentia, durante minorita[e If Administration, c.t.a. or db.n.c.ta., 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 divotUz had been ey~§lished as~yfined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person C ~ `-^' m rq Q NO EXCEPTIONS Q EXCEPTIONS _ W~ rn ~ a Petitioner(s), after a proper search has/have ascertained [hat Decedent left no W ill and was survived by the follo~n®yp~se (ifpq~) anc~i~ additional sheets, if necessary): z ft7 ~ Uj :r7 !J'7 :'t7 Cr Name Relationshi Ad e C` ~ -'7 "'I i -- y. Cn O W -R Form RW-02 rev. l0/ll/?0/l PagO I Of '2. ~F ~I.y Oath of Personal Representative COMMONWEALTH OF PENNSYLV ANIA } } SS: COUNTY OF CUM88RLAND } Official Use Only Petitioner(s) Printed Name Petitioner(s) Printed Address MICHAEL C. COULTER 16550 CENTER ROAD TRAVERSE CITY MI 49684 The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Pe ' ion are tme and correct [o thebest ofthe knowledge and belief of Petitioner(s) and that, as Personal Representative(s) o he Decedent the P ~ o ninister the estate according to law. Sworn t o affirme subscribed be - _ Date z Z~S I ~ me [his ay o , ~ Date $y; Date For r e Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters ...................... S 60.00 ( 1)ShortCertificate(s)...... 5.00 ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other ........ WILL 15.00 INH TAX RETURN 15.00 INVENTORY 15.00 Automation Fee ............... 5.00 JCS Fee ..................... 23.50 TOTAL ..................... $ 138.50 Attorne Signature: Printed Name: DOUGLAS G. MILLER, ESQUIRE Supreme Court ID Number: 83776 Firm Name: IRWIN & McKNIGHT, P.C. Address: 60 WRST POMFRFT STRRRT CARL ICI F„ PA 1]013 Phone: Fax: Email: V1 DECREE OF THE REGISTER Estate of SUZANNE J. COULTER File No: a/k/a: U C: O ~ ~T _ t AND NOW, _ satisfactory proof a ~ _~ ~ , in consideration of the foregoing Petition, Red before me, IT IS DECREED that Letters TESTAMENTARY hereby granted to MICHAEL C. COULTER in the above estate and (if applicable) that the instrument(s) dated NOVEMBER 15 2006 described in the Petition be admitted to probate and filed of Form RW-Ol rev. [Nll~?Ol/ the ly[st~VVill (and ~` ~j ~ W~~ ` „_n Page 2 of 2 N LAST WILL AND TESTAMENT I, SUZANNE J. COULTER, of the Borough of Newville, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. I direct that my body shall be cremated and the ashes interred, and that the expense thereof be reimbursed out of my estate as a funeral expense. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bid of+ ~ o -n cs o therefor, in fee simple, as I could do if living. My Executor or Executrm 1~,' authored ~~ m x m empowered to engage in any business in which I may be engaged at my dea[~ ~ Bch ~rioe7cb~"' zu' ~ c,a m~ time after my death as seems expedient to said Executor or Executrix. ° ~ ~. i ~ `^ ~~~-a c> i= m • r n Initial THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate as follows: A. I give and bequeath to the person or persons identified in any written statement which is signed by me, whether prepazed at the time of making this my Last Will and Testament or at a subsequent time, certain items of tangible personal property described therein. This provision authorizing reference to such a sepazate statement does not necessarily mean that such a statement has been made by me in connection with the making of this my Last Will and Testament To the extent that such a sepazate statement fails to dispose of all of my tangible personal property, or if the statement is not in existence at the time of my decease, then I give and bequeath the same in accordance with Paragraph Three B below; B. I give, devise and bequeath all of the rest, residue and remainder of my estate in equal shares to my children, MARCIA S. KULESZA, ANNE C. CRAWFORD, MICHAEL C. COULTER, TRACEY L. COULTER, and KELLY A. FERGUSON, per capita. FOUR. If, under any of the provisions of this Will, any principal becomes vested in a minor, my Executor or Executrix, as the case may be, including any administrator c.t.a., shall have the discretion either to pay over such principal or any part thereof to any pazent of such minor, any guardian of the person or estate of such minor, or any person with whom such minor resides, or to retain the same as trustee of a power in trust for the benefit of such minor during his or her minority. Any of the principal thus retained, and any of the income therefrom, including the whole thereof, may be paid to or applied for the benefit of such minor from time to time in the discretion of the trustee of such power. When such minor reaches majority, the funds so held Initial 2 shall be paid over to such person, or, if he or she shall sooner die, to his or her legal representatives. In so holding any principal or income for any minor, the trustee of such power shall have all the rights, powers, duties and discretions conferred or imposed upon my fiduciaries acting under this Will. I further direct that no bond shall be required from any person receiving a payment hereunder and receipt from such person shall be a full discharge to the trustee of such power who shall not be bound to see to the application or use of such payment. The trustee of such power shall be entitled to commissions at the rates and in the manner payable to a testamentary trustee. FIVE. I nominate and appoint my son, MICHAEL L. COULTER, to be the Executor of this my Last Will and Testament. In the event he has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint my daughter, TRACEY L. COULTER, to be the Substitute Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint my daughter, MARCIA S. KULESZA, to be the Substitue Executrix of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executor hereunder. SIX. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. SEVEN. No Executrix or Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. EIGHT. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. Initial .E~ ~1 l~ 3 NINE. If any person or institution entitled to shaze in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue pursuant to Paragraph Three B. hereof, except that if such person or institution is entitled to shaze in the said residue, that interest shall be distributed proportionately to the other residuary distributees. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] Initial_~ 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~day of November, 2006. (SEAL) SUZ NE J. C ULTER Signed, sealed, published and declazed by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. ~~~ `'' ~, ~_ ACKNOWLEDGMENT AND AFFIDAVIT WE, SUZANNE J. COULTER, TRACI D. SMITH and CHERYL L. CLELAND, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instmment as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by SUZANNE J. COULTER, the testatrix herein, and subscribed and worn to before me by TRACI D. SMITH and CHERYL L. CLELAND, witnesses, this ~~day of November, 2006. OF PENNSY MANIA COMMONWEAI'TH ~~ NotarieNotary Public Rareu s. xcet, ry Notary Pu lic prlisleBoro, Cumberland Coaun2007 My Comm Dec.