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HomeMy WebLinkAbout03-25-13 Reset 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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: RICHARD B.ANLIOT File No: l t a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 02/20/2013 Age at death: 86 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 350 Messiah Circle,Mechanicsburg 17055,Upper Allen Township,Cumberland County Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Milton Hershey Medical Center,500 University Drive,Hershey 17033,Derry Twp,Dauphin County,PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania. All personal property $ 225,000.00 If not domiciled in Pennsylvania. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. Personal property in County $ Value of real estate in Pennsylvania. $ TOTAL ESTIMATED VALUE. ... $ 225,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or 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 September 3, 1992 and Codicil(s) thereto dated Ottilie V Anlint,spouse,died 01/11/2006 State relevant circumstances(e.g.renunciation,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(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. (010 EXCEPTIONS O EXCEPTIONS El B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n., d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t,a.,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 divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ®NO EXCEPTIONS ®EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets, if necessary): C) C. cam. %Ti t,t Name Relationship Adams R C) Q1 rn Zy, CJ1 Cs s C7 C) k �._. • i,1 U) C7 Form RW-02 rev. /0/11/2011 Page 1 of 2 Oath of Personal Representative R EC C� OFF °ial Only P ilGVL:' � rT-, iH'f �4L 2 F r: ', lri }. r.'_.I S COMMONWEALTH OF PENNSYLVANIA } } SS: , .31FI 25 Al �1C8 COUNTY OF CUMBERLAND } r Petitioner(s)Printed Name Petitioner(s)Pi4ttle Ac e'is4- Linda A.Miller 271 Rake Factory Road,Biglervil]g1 K L:,3 rr ) , i James Anliot 9 Quail Run,Hingham,MA 0204113.• The Petitioner(s)above-named swear(s)or affirm(s)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,the Petitioner(s)will well and truly administer the estate according to law. Sworn toAaffirmed and subscribed before G.• A - Date d'/P X12 me t 's day of A , i3 Date By: _ _r a, 1 ._ : 0.c: C Date For the Register Date BOND Required: 0 YES 0 NO To the Register of Wills: FEES: Please enter my appearance by my s'_ ature below: Letters $ Attorney Signature: ( )Short Certificate(s) r ,/ ( )Renunciation(s). ( ) Codicil(s) ./��� ( )Affidavit(s) Bond. Printed Name: Stephen C. udel Commission Supreme Court Other ID Number: 41703 Firm Name: Law Offices Stephen C.Nudel,PC Address: 219 Pine Street .... 1 Phone: (717)236-5000 Automation Fee. Fax: (717)236-5080 JCS Fee. Email: , ,• R!, ,- , ,n TOTAL $ 0.00, Form RW-02 rev. 10/11/2011 Page 2 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } ) SS: RECD. R - . OFF;CE OF COUNTY OF CUMBERLAND } REGISTER O F '',-`;j !f S Petitioner(s)Printed Name Petitio?jX )_V_i r Mressp i 1 i 1.O ('1 1 l a 8 Linda A.Miller 271 Rake Factory Road,Biglerville,PA 17307 p ii CLERK OF James Anliot 9 Quail Run,Hingham,MA 02043 S, ,t RT CUMBERLAND CTS., PA The Petitioner(s)above-named swear(s)or affirm(s)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,the etitioner(s)will well and truly administer the estate according to law. Sworn to •r affirmed and subscribed before � GC -D— • Date 3/242_6%13 me ti'. . . Gay of :14., , P-013 ' Date_ By: ....a.-,-. ...Wr. Date Fo a i'egist r Date_ BOND Required: 0 YES 0 NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters $ Attorney Signature / 4? ( ) Short Certificate(s) f :-f—), n ( ) Es). ( ) _____ . r- ifri ( ) . . Bond. Printed Name: Stephen C. udel Commission Supreme Court Other ID Number: 41703 Firm Name: Law Offices Stephen C.Nudel,PC Address: 219 Pine Street Harrisburg„PA 17101 Phone: (717)236-5000 Automation Fee. Fax: (717)236-5080 JCS Fee. Email: srmtrlel@tmdelpc corn TOTAL $ _ 0.00 Form RW-02 rev. 10/11/2011 Page 2 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: CO NTY OF } 'etitioner(s)Printed Name Petitioner(s)Printed Address The Petitioner(s)above-named swear(s). affirm(s)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 Repre ; tative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to-or affirmed and subscribed b- ore Date me this day of , Date By: Date For the Register Date BOND Required: 0 YES 0 NO " To the Register of Wills: FEES: ` ease enter my appearance by my signature below: Letters $ Attor•ey Signature: ( )Short Certificate(s) ( )Renunciation(s). ( )Codicil(s) N ( )Affidavit(s) Bond. Printed Name: °a Commission Supreme Court Other ID Number: ta_ I"-- ... a (, cn ,,_, I-- LL. Firm Name: 0!_o t c c N r- ---, Address: I;,_ L L C f""' CI = * '''^ _E ',.:1 ``I 4 = t Phone: t ujmati@Fee9.F.l.1.! Fax: G;' Cee.��— pG.g Email: (3ALr,, © � $ 0.00 r7. DECREE OF THE REGISTER• Estate of 1 (�rlCkrd S3 Rr`tC File No: 0 Z ,49 a/k/a: AND NOW, MCLCCI 1 j.45 , (7,10 L-3 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters r-P..3{-(f)4J(l 4.are hereby granted to Ll r 1 Q 4 f 4 LL(LC arc tj rj -n() in the above estate and(if applicable)that the instrument(s)dated 9/3 /( gV described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. .A 'a . 141 I Register of Wills TO iD�C,WS 0( A) ,iI t Form RW-02 rev. 10/11/2011 Page 2 of 2 © c�♦ C1 (-) WILL Rt T, f+� 11 7'1 1°> r-_ f J d Y OF :y lo RICHARD B. ANLIOT r g, —I 7. . �...� (') `rl I, RICHARD B. ANLIOT, of Cumberland County, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Personalty. I bequeath to my wife, OTTILIE V. ANLIOT, all of my tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, if she survives me. If my wife does not survive me, then I bequeath those articles of my household furniture and furnishings and those articles of my personal effects and personal property as set forth in a separate memorandum, which I shall place with my will or deposit with my attorney, to the persons therein designated, and in the absence of my memorandum or as to items not covered by such memorandum, I bequeath all said property, together with the insurance thereon, equally to those of my children who survive me. If said children are not all competent adults, or if they cannot agree on the divisions, then my executor(s) shall make the division, and may sell any items passing hereunder and distribute the proceeds. 2. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, to my wife, OTTILIE V. ANLIOT, if she survives me, or, if she does not survive me, per stirpes to my issue. 3. Survival. If any beneficiary should die within sixty (60) days after me, then he shall be deemed to have predeceased me for all purposes of this will. 4. Spendthrift Clause. No interest of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his interest, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. 5. Facility of Payment for Minors or Incompetents. Any amounts or assets which are payable or distributable to a minor or incompetent hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. 6. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent of any court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and the stock of any corporate fiduciary hereunder, as 2 long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. - 3 - (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. - 4 - (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to pay out of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. - 5 - (1) To engage in sales, leases, loans, and other transactions with the estate of my wife or any trust established by either of us, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 7. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my wife shall be paid out of the - 6 - property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion of my executor(s) request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. 8. Fiduciaries. I appoint as executrix hereunder my wife, OTTILIE V. ANLIOT. If my wife should be unable or unwilling to serve or to complete the administration of my estate, then such of my children, JAMES ANLIOT and LINDA A. MILLER, as are able and willing to serve or continue to serve shall serve in her place, and if neither of them is able and willing so to serve or continue so serving, MELLON BANK shall serve in their place. My executor(s) shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of his duties hereunder. 9. Gender. Unless the context indicates otherwise, any use of masculine gender herein shall also include the feminine gender. - 7 - IN WITNESS WHEREOF, I, RICHARD B. ANLIOT, herewith set my hand to this, my last Will, typewritten on nine (9) sheets of paper including the self-proving attestation clause and signatures of witnesses, this 3rd day of September, 1992. OL..-� !. �1SEAL) Richard B. Anliot Witnessed: 1 \ s• ! ' -� - residing at C�_ , - , c'n,_ " ,_,leitia e i /� 7 0 m4 � _ residing at 1w/t'C / /21 iriA L l j ✓ A b: COMMONWEALTH OF PENNSYLVANIA . : SS: COUNTY OF DAUPHIN . /� ) Richard B. Anliot (the testator) , 49 V r/0-6-„„ and 2r-0. 0 6 450J" (the witnesses) , whose names are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will - 8 - as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: / . . TESTATOR: TESTATOR:ri) 1 4 4�0,\L,�. r `1'� a. 0----Oil �:' \\ Richard B. Anliot `r WITNESS: WITNESS: i /411ta' 4/ .- 'Xd/tl./Y:01 7%itt/ (///r(Sla(------- f Subscribed, sworn to and acknowledged before me by Richard/B.. Anliot, the testator, and subscribed and sworn to before me by i � ' ID CI&pn,«_, C. d ,,, ,,,, , and Li. cC , the witnesses, this 3rd day of September, 1992. 0_,/k/g-21 glil:IL--- C.)/ Notary Public (SEAL) NOTARIAL SEAL JENNIE E. ROW,Notary Public Harrisburg, Dauphin County My Commission Expires Jan.19,1993 - 9 -