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HomeMy WebLinkAbout03-18-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below,and in support thereof aver(s)the following and respectfully requests the grant of Letters in the appropriate form: - Nancy M. Buscemi i Decedent's Information Name= Bessie G.Coma File No: 21-13 a/k/a: (Assigned by Register) afkta: j a/k/a: Social Security No: Date of Death: 0 310 212 01 3 Age at Death: 87 i Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 754 Manor Road,Camp Hill 17011 Camp Hill Cumberland Street atltlress,Post Office and Zip Code City,Township or Borough County Decedent died at Messiah Village Mechanicsburg Cumberland PA street atltlress,Post Office and Zip Code City,Township or Borough County stare Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 100,000.00 If not domiciledin Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ TOTAL ESTIMATED VALUE $ 100,000.00 Real estate in Pennsylvania situated at N/A (Attach add @ooai sleets,if necassavy-i Street address,Post Office and Zip Code City,Township or Borough County ©A. Petition tit! on for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 0413012007 and Codicil(s) thereto dated State relevant circumstances(e g.,renunciation,death of executor,etcJ l 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(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ®NO EXCEPTIONS Q EXCEPTIONS ' I ❑ B. Petition for Grant of Letters of Administration (if applicable) ICI ets-don.,dhn.el.a.,pedente fife, rante absentiaaQrante is i If Administration,c.t.a ord.b.n.c.ta„enter date of Will in Section A above and complete list of heirs. 3: 0 � � Except as follows:Decedent was not a party to pending divorce proceedin wherein the grounds for divorce had t n-BEtaA1ishe&de rr�}f"'gda: in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. r —I cs 'I rn irY i NO EXCEPTIONS EXCEPTIONS 2 M cs Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the foilowig spoui ar�nd Qrf�?Itach additional sheets,if necessary): n r-) ns Name Relationship Address t" Gloria A.Kennedy Daughter P,O.Box 1743 " Cl n Ma alia CA 95964 Nancy M.Buscemi Sister 754 Manor Road Camp Hill PA 17011 I it � I I I Form RW-e2 rev.1011-2011 Copyright(c)2011 farm software only The Lackner Group,Inc. Page t of 2 Oath of Personal Representative official use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name A)F;t c Nancy M. Buscemi 754 Manor Road +,({ OF Camp Hill,PA 17111 ' '-`"S ' I J I CLLR: eRrF COURT CUMBERLAND Cr,-, pA III The Petitioner(s)above-named swear(s)or affirms)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that, as Personal Representative(s)of the Decedent,Petitioners)will well and truly administer the estate according to law. ICI Sworn to or affirmed and subscribed before c� +" K ��?� '=•" -7_2 1A Data me t d y of fJt�f Date By: -ir Dace F - Rego-ter Data lir BONDRequired7 YES �/f NO To the Register of Wills: I (I', FEES: jj ��— Please em 1 y appearance b y Xny signature below: Letters............. _ ..._. Attorney Signal, I Q(D )Short Certificate(s)......... ( � )Renunciation s)_........-- ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name:,/ Leonard Tintner OthnO��Ctt�'T° ....Q........ 1 $� ID Number:t 96858 t1 - �— Firm Name: Boswell Tintner&Pocola Address: 315 North Front Street 1 Harrisburg,PA 17101 i i II Phone: 717.236.9377 Automation Fee............................ JCS Fee. Fax: TOTAL......._.._..._.._................_ g E-mail: Itintner @btpalaw.com i DECREE OF THE REGISTER Date of Death: 03/0212013 Sociat Security No: Estate of Bessie G.Coma File No: _ 21-13 atk/a AND NOW, ,in consideration of the foregoing Petition, satisfactory proof havinj been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Nancy M-Buscemi I in the above estate and(if applicable)that the instruments)dated 04I30I20 7 described in the Petition be admitted to probate and filed of record as i Wifl( nd it's')of De d t. - R ' terofWt Copyright(c)2011 form software only Thi Lackner Group,Inc. age ' HIAiM4)<NFY'.a%I r RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA I 'I Estate of Bessie G. Coma Deceased i i 1 I Gloria A. Kennedy in my capacity/relationship as e daughter(a named Co-Executrix) of the above Decedent, hereby renounce the right to � administer the Estate of the Decedent and respectfully request that Letters be issued to my aunt, Nancy M. Buscemi (already a named Co-Executrix) I 0310512012 (Dare) (S;gnat"e) Gloria A. Kennedy ff 0 u-s c� 13784 Curtis Court Lu C-:/ '� ="J G (Street Address) La... t..t.. as C) 2n Magatia, California 95954 r„"`t_i f» co LL! '� --j (City,state,zip) LU Lo W M rii Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified that he or she executed the rmn cation for the of purposes stated within on ttus(o _day I Deputy for Register of Wills Notary Public My Commission Expires: 7ftlifdol (Sig h,and seal of Notary or other official qualified to i atlminisler oaths. Stww date of axpiralion of Notary's cgmmiasion.) I COMMONWEALTH OF IyENN5YLYANIA � I Noariai Seal Cwmle L.Hardy,Notary Pubk C`nY of Harrisburg,Dauphin County MY Carnml on bplm Feb.15,2015 �. Form R W-D6 ftev t0-t3-2DG6 C MEHBFR,PENaSYLVNW AS*a0Qp4pg qp ARCS opyNI-A(c)20C form software only The Lackner Group,Inc. I I LAST WILL AND TESTAMENT OF BESSIE G. COMA Introductory Clause. I, Bessie G. Coma, a resident of and domiciled in East Pennsboro Township, Cumberland County, Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I am currently not married. I have one child: GLORIA A. KENNEDY, currently residing in Magalia, California. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM II. i Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes (except generation-skipping transfer taxes) assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. j i nti mzc7 Q CZ 7 C_ r7 C'!l CD 1 1 I own ITEM III. Specific Bequest of Residual Property. I, give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will as follows: i 1. Fifty (50%) Percent to my sister, Nancy M. Buscemi, currently residing in Camp Hill,Pennsylvania. i I 2. Fifty (50%) Percent, to my daughter, Gloria A. Kennedy, currently residing in Magalia, California. If my daughter shall not survive me,her surviving issue shall take per stirpes the share she would have taken had she survived me. I ITEM IV. I Naming the Personal Representative Successor and Fees and Other Matter. The provisions for naming the Personal Representative and succession,Personal Representatives' fees and other matters are set forth below: 1 Naming Individuals as Personal Representatives. I hereby nominate, constitute, and appoint as Personal Representative of this my Last Will and Testament, my daughter, Gloria A. Kennedy, and sister, Nancy M. Buscemi, Co- Executrixes, and direct that they shall serve without bond. I ITEM V. Definition of Personal Representative. Whenever the word "Personal Representative" or any modifying or substituted pronoun therefor are used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Personal Representative named herein and to any successor or substitute Personal Representative acting hereunder, and such successor or substitute Personal Representative shall possess all the rights, powers and duties, authority and responsibility conferred upon my Personal Representative originally named herein. , I i I I I i ITEM VI. Powers for Personal Representative. My Personal Representative is authorized in her fiduciary discretion (which shall be subject to the standard of reasonableness and good faith to all beneficiaries) with respect to any property,real or personal, at any time held under any provision of this my Will and without authorization by any court and in addition to any other rights, powers, authority and privileges granted by any other provision of this my Will or by statute or general rules of law: 1. To retain any property or undivided interests in property owned by me at the time of my death,including residential property and shares of my Personal Representative's own stock, regardless of any lack of diversification, risk or nonproductivity, as long as it deems advisable, and to exchange any such security or property for other securities or properties and to retain such items received in exchange, although such property represents a large percentage of the total property of my estate or even the entirety thereof. 2. To invest and reinvest all or any part of my Estate in any property and undivided interests in property, wherever located, including bonds, debentures, notes, secured or unsecured, stocks of corporations regardless of class, interests in limited partnerships, real estate or any interest in real estate whether or not productive at the time of investment, interests in trusts, investment trusts, whether of the open and/or closed fund types, and participation in common, collective or pooled trust funds of my Personal Representative, insurance contracts on the life of any beneficiary or annuity contracts for any beneficiary, without being limited by any statute or rule of law concerning investments by fiduciaries. 3. To sell or dispose of or grant options to purchase any property, real or personal, constituting a part of my estate, for cash or upon credit, to exchange any property of my estate for other property, at such times and upon such terms and conditions as it may deem best, and no person dealing with it shall be bound to see to the application of any monies paid. 4. To hold any securities or other property in their own name as Personal Representatives, in their own name, in the name of a nominee (with or without disclosure of any fiduciary relationship) or in bearer form. I 5. To keep, at any time and from time to time, all or any portion of my Estate in cash and uninvested for such period or periods of time as it may deem advisable, without liability for any loss in income by reason thereof. i 6. To sell or exercise stock subscription or conversion rights. i i I I I i I 7. To refrain from voting or to vote shares of stock owned by my Estate at shareholders' meetings in person or by special, limited, or general proxy and in general to exercise all the rights, powers and privileges of an owner in respect to any securities constituting a part of my Estate. 8. To participate in any plan of reorganization or consolidation or merger involving any company or companies whose stock or other securities shall be part of my Estate, and to deposit such stock or other securities under any plan of reorganization or with any protective � committee and to delegate to such committee discretionary power with relation thereto, to pay a proportionate part of the expenses of such committee and any assessments levied under any such plan, to accept and retain new securities received by my Personal Representative pursuant to any such plan, to exercise all conversion, subscription, voting and other rights, of whatsoever nature pertaining to such property, and to pay any amount or amounts of money as it may deem advisable in connection therewith. I 9. To borrow money and to encumber, mortgage or pledge any asset of my estate for a term within or extending beyond the term of the trust, in connection with the exercise of any power vested in my Personal Representative, 10. To enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew. 11. To subdivide, develop, or dedicate real property to public use or to make or obtain the vacation of plats and adjust boundaries, to adjust differences in valuation on exchange or partition by giving or receiving consideration, and to dedicate easements to public use without consideration. 12. To make ordinary or extraordinary repairs or alterations in buildings or other i structures, to demolish any improvements, to raze existing or erect new party walls or buildings. 13. To continue and operate any business owned by me at my death and to do any and all things deemed needful or appropriate by my Personal Representatives, including the power to incorporate the business and to put additional capital into the business, for such time as it shall deem advisable, without liability for loss resulting from the continuance or operation of the business except for its own negligence; and to close out, liquidate or sell the business at such time and upon such terms as it shall deem best. 14. To collect, receive, and receipt for rents, issues, profits, and income of my Estate. i 15. To insure the assets of my Estate against damage or loss and my Personal i Representative against liability with respect to third persons. I 16. In buying and selling assets, in lending and borrowing money, and in all other transactions, irrespective of the occupancy by the same person of dual positions, to deal with itself in its separate, or any fiduciary, capacity. 17, To compromise, adjust, arbitrate, sue on or defend, abandon, or otherwise deal with and settle claims in favor of or against my Estate as my Personal Representative shall deem best. 18. To employ and compensate agents, accountants, investment advisers, brokers, attorneys-in-fact, attorneys- at-law, tax specialists, realtors, and other assistants and advisors deemed by my Personal Representative needful for the proper administration of my Estate and to do so without liability for any neglect, omission, misconduct, or default of any such agent or professional representative provided such person was selected and retained with reasonable care. 19. To determine what shall be fairly and equitably charged or credited to income and what to principal. 20. To hold and retain the principal of my Estate undivided until actual division shall become necessary in order to make distributions; to hold, manage, invest, and account for the several shares or parts thereof by appropriate entries on my Personal Representative's books of account; and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, the carrying of several trusts as one shall not defer the vesting in title or in possession of any share or part of share thereof. 21. To make payment in cash or in kind, or partly in cash and partly in kind upon any division or distribution of my Estate (including the satisfaction of any pecuniary distribution) I without regard to the income tax basis of any specific property allocated to any beneficiary and to value and appraise any asset and to distribute such asset in kind at its appraised value; and when dividing fractional interests in property among several beneficiaries to allocate entire interests in some property to one beneficiary and entire interests in other property to another beneficiary or beneficiaries. 21 To exercise any power herein granted with reference to the control, management, investment or disposition of my Estate either as Personal Representative or without having to declare in which capacity it is acting. 23. In general, to exercise all powers in the management of my Estate which any individual could exercise in his own right, upon such terms and conditions as it may reasonably deem best, and to do all acts which it may deem reasonably necessary or proper to carry out the purposes of this my Will. ! I i I uo� ITEM VII. Discretion Granted to Personal Represenlative in Reference to Tax Matters. My Personal Representatives, as the fiduciaries of my estate, shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Personal Representatives believe have the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Personal Representatives shall not exercise their discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Personal Representatives shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions. I ITEM VIII. Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living' shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. ITEM IX. Simultaneous Death Provision PresumiLig Beneficiary Predeceases Testatrix. If any beneficiary and I should die under such circumstances as would make it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this Will that the beneficiary predeceased me. I Testimonium Clause IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 00 day of Apri l, 2007. � I �� �+ S �L) BESSIE G. COMA Attestation Clause. The foregoing Will was this 3) day of April, 2007, signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subs ed our n e s w.messes on the above date. of C of �e/'16yne. 4 of I Ir I PROOF OF WILL Commonwealth of Pennsylvania ) ss: Self-Proving Affidavit County of Dauphin } We,Bessie G. Coma, and Leonard T,ntner Brad g+;ffler and Diane E. Grissingerthe Testatrix and the witnesses,respectively, whose names are signed to the attached or foregoing instrument, being first duly swom, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly(or willingly directed another to sign for her), 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, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. 0 0. r� !�. ESS11MG. COMA i i Witness Witness i Witness i Subscribed, swom to, and acknowledged before me by Bessie G. Coma,the Testatrix and subscribed and sWorn to before rpe by Leonard Tintner Brad Stiffler and Diane E. Grissinger witnesses, is_ th day of April, 2 07. (Seal) 0Sry1EALTN OF $ Notary Public for Pennsylvania t;OMM p My Commission Expires: �� � Gems E>� i i i