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HomeMy WebLinkAbout07-05-13 a2 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: LEW IS K.MITTEN File No: r2 `l2) ` 753 a/k/a: SONNY MITTEN (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: JUNE 25 2013 Age at death: 88 Decedent was domiciled at death in CUMBERLAND County,PENNSYLVANIA (stare)with his/her last principal residence at 92 LANTERN LANE ."SHIPPENSBURG.PA 17257 1 SOUTH HAMPTON CUMBERLAND Street address,Post ofice and Zip Code .City,Township or Borough County Decedent died at 92 LANTERN LANE SHIPPENSBURG PA 17257 SOUTH HAMPTON CUMBERLAND 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'Pennsyl vania............................ An personal prop6rt3f 2.500.00 " If not domiciled in Pennsylvaut.m ....................... Personal property in Pennsylvania $ ifnotdemicited in Pennsylvania. ....................... Personal property in:County $ Value of real estate in Pennsylvania..........:................................................ $,. TOTAL ESTIMATED VALUE. ... $i.-�Q 00 Real estate in Pennsylvania situated at: 92 LANTERN LANE SHIPPENSBURG PA 17257 SOUTH HAMPTON CUMBERLAND (Attach additional sheets,-if necessary.) Street address,Post office and Zip Code City,Township or Borough County V1 A. Petition.for Probate and Grant of Letters Testamentary Petitioner(s)averts)be/she/they istare the Executor(s)named in the last Will of the Decedent,dated 04/0412005 and Codicil(s) thereto dated .. State relevant circumstances(eg.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered forprobate Decedentdid not many,was notdivorced,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 ado ed;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO-EXCEPTIONS ()EXCEPTIONS B. Petition for(.rant of Letters of Administration (If applicable) at a.,d.b.n.,d.b.n.c.i.a.,Pendente life,durante absentia,durante numoraine If Administration,a4a.or db.n.at.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 47 M Petitionens),aftera proper search has/have ascertained that Decedent left no Will and was survived bythe fiSTlw yngspoic. any'In t.. its(antich additional sheets,ifnecessary): tom."b co -,V rst Z s7 Name Relationship Kooks %0 G Fomnw-02 rev.1011712011 Page 1 of Oath of Personal Representative Official use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } gFo0gDED OFFICE OF Pctitioner(s Printed Name Pefitionet(s)Printed Ad s DOLORA L.MITTEN 92 LANTERN DRIVE SHIPPENSBURG PA fM7JUL PM 2 17 ORPHANs' COURT UMBERLAND .P-o ,P4 The Petitione*)above-named swear(s)or affirms)the statemen&5=7 going Petition arc true and correct to the best of the knowWgc and belief of PetiticitcKS)and that,as Personal Representative(s)of the I '11 welt a t truly administer the estate acco mg t law. Sworsi to�r affirmed and subscribed before Date me da° of Date Date Forthe Re-911er '. Date + BOND Required: © YES Q : . NO To the Register of Wills FEES: NN Please enter my appearance by my signature below: Letters...... .... .. . $ 0.60 Attorney Signature: ( 5 )Short Certificate(s).. . . . . an . Oil ( }Renunciation(s).. . .... .. { )Codicil(s). . .. . .. ..... . ( }Affidavit(s).. . . . . . . .. .. Bond.... .............. ...... Printed Name: FIONA K FADNESS Commission. .. . . . .. . . . . .. .... Supreme Court Other ........ ID Number: 652 83 . . . . . . .. 14 CSt� Firm Name: FIONA K.FADNESS,ESQ. . . .. . . Address: 212 BARNETT STREET .. .... .. NEW 137 OOMFIFt D-PA 17069 Phone: 717-991-13$2 Automation Fee. .. . . . . . . Fax: 717-6$5-9907 JCS Fee. .......... Email: FK( FSQlIIREQAO1 -,0M TOTAL. . . . .. . ... . . . . ... .... $ .ELI-9,96 DECREE OF THE REGISTER ��11 `� Estate of LEWIS K.MITTEN File No: t;l� �t ° 1 a/k/a: SONNY MITTEN AND NOW, j'jW .5 —,inconsideration of the foregoing Petition, satisfactory proof having b&n presented before me,IT IS DECREED that Letters '� im P(4(j n are hereby granted to DO 18 1- - 1 /}i t{R n ` t in the above estate and(if applicable)that the instrument(s)dated zj 1 .7oo.5 ° described in the Petition be admitted to probate and filed of record as the last Will(and Codicils})of Decedent. roo egister of Wilrs f Fare,RW-02 �,10/1112011 A Page 2 of 2 " LAST WILL AND TESTAMENT OF REGIS'1C�, of ',;i!_I_S LEWIS K. MITTEN �a13 ���• � ���� 2 .17 CLl~RY or, I, LEWIS K. MITTEN of Shi ensbur , Cumberland Count ORPHAN$' CURT sound mind and memory, and not acting duress or undue influence f aann person n��g��� g y person whomsoever, hereby declare this to be my Last Will and Testament and I do hereby revoke all other former wills and codicils to wills heretofore made by me. My Social Security Number is 220-14-1765. All reference made herein to "spouse or my spouse"refers to the person to whom I am currently married,namely Dolora L. Mitten.By ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I. DEBTS,TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise and estate, inheritance,transfer, and succession taxes,other than any tax on a generation- skipping transfer that is not a liability of my Estate (including interest and penalties, if any)that become due by reason of my death, under the provisions of THE LEWIS K. MITTEN AND DOLORA L. MITTEN REVOCABLE TRUST AGREEMENT executed by me on the same date I have executed this Will (my "Living Trust'). If the Living Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of my Living Trust an amount necessary to pay all or part of these items,plus claims, pecuniary legacies, and family allowances by court order. II. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to my Living Trust as a result of the Comprehensive Transfer Document signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into my Living Trust in accordance with the provisions of the section below titled"Residue of Estate." GAWill Page 1 M. RESIDUE OF ESTATE I give, devise and bequeath all the rest,residue and remainder of my property of every kind and description(including lapsed legacies and devices),wherever situated and whether acquired before or after the execution of this Will, to the Trustee of my Living Trust,which,as stated above, was created by me on the same date as the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of my Living Trust and shall hold, administer and distribute said property in accordance with the provisions of my Living Trust, including any amendments thereto made before my death. If for any reason my Living Trust shall not be in existence at the time of my death,or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under my Living Trust to be invalid, then I give all of my estate, including the residue and remainder thereof, to the person who is the Trustee (or would have been the Trustee if the Living Trust were in existence at the time of my death) as Trustee, to be held, managed, invested,reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death in the Living Trust,as then constituted giving effect to amendments, if any,hereafter made, and for that purpose I do hereby incorporate such Living Trust by reference into this my Will. IV. POWERS OF EXECUTOR My Executor shall have the following powers in addition to those conferred by law until all property is distributed: (a) To retain any real or personal property in the form in which it is received. (b) To sell at public or private sales for cash and/or credit,to exchange, and to lease for any period of time, any real or personal property and to give options for such sales, exchanges, or leases. (c) To purchase all forms of property, including but not limited to stocks, bonds, notes and other securities, common trust funds, life insurance policies and real estate, or any variety of real or personal property,without being confined to so-called legal investments and without regard for the principle of diversification. (d) To purchase securities at a premium or discount and to charge such premium or credit such discount to principal or income. (e) To exercise any option arising from the ownership of any investment;to join in any recapitalization, merger,reorganization, liquidation, dissolution, consolidation or voting trust plan affecting any investment; to delegate powers with respect thereto; to deposit securities under agreements and pay assessments; to subscribe for stock and bond privileges; and generally Will Page 2 to exercise all rights of security holders. (f) To hold property unregistered or in the name of a nominee, (g) To mortgage, divide, alter, repair and improve real property and generally to exercise all rights of real estate ownership. (h) To distribute in cash, in kind, or partly in each, and to cause any share to be composed of cash,property,or undivided fractional shares in property different in kind from any other share. (1) To compromise claims by or against my estate including but not limited to tax issues and disputes, without order of court or consent of any party in interest and without regard for the effect of such compromise on any interest hereunder. 0) To borrow money and to pledge any real or personal property as security for the repayment thereof. (k) To apply income for the benefit of any incapacitated individual to whom income may or must be distributed for any reason during the period of incapacity. Income not so applied may be distributed to a custodian or accumulated, invested and if not sooner applied, paid to such individual upon gaining capacity. (1) To join with my spouse or my said spouse's personal representative in filing any joint income tax return, and to join in any gifts made by my said spouse for gift tax purposes even if this may result in additional liabilities for my estate. Any income or gift taxes due on such returns and any deficiencies,interest,penalties or refunds thereon shall be allocated between my estate and my said spouse or my said spouse's estate, or all to any of them, in such manner as my Executor and my said spouse or my said spouse's personal representative may agree. (m) To apply expenses of my estate permitted as income tax or real estate tax deductions and to value my estate for estate tax purposes by any method permitted. (n) To employ accountants,agents, attorneys, investment counsel,brokers,bank or trust company to perform services for and at the expense of my estate and to cant'or register investments in the name of the nominee of such agent, broker, bank or trust company. The expenses and charges for such services shall be charged against principal or income. My Executor is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, attorneys, investment counsel, brokers,bank or trust company, so long as my Executor exercises due care in their selection. The fact that an Executor may be a member, shareholder or employee of any accounting, investment, legal or brokerage firm, agent or bank or trust company so employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not Will Page 3 affect in any manner the amount of or the right of my Executor to receive commissions as a fiduciary. (o) To invest any part of my residuary estate in, or lend money to,any closely-held business in which I may have an interest at my death for any purposes incident thereto, including but not limited to expansion and entry into new fields of business provided that only assets actually invested in such business shall be liable for the debts incurred in its operation. (p) To disclaim any interest in property without court approval. V. EXECUTOR (a) I appoint my wife,Dolora L. Mitten as Executrix. If my said wife fails to qualify or ceases to act for any reason,I appoint Sherre Mitten Bell, Larry S. Mitten, Sr., and Darl Illo as Co-Executors in her place. (b) My Executor shall not be required to post security in any jurisdiction. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament,this day.of (SEAL) Lewis K. Mitten Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament in the presence of us,who have hereunto subscribed our names at his request as witnesses thereto, in the presence of said 'Testator and of each other. WITNESS: 1 Will Page 4 l � COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND: I, Lewis K.Mitten,the testator 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; and that I signed it willingly and as my free and voluntary act for the proposes therein expressed. / Lewis K. Mitten COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND: On this�—day of vat / d-t&Q ,before me,the undersigned officer,personally appeared L_ ew s—K. Mitten,known to me{or satisfactorily proven}to be the person whos ve-i3•subscribed to the foregoing Last Will and Testament,who acknowledged that he =sams d Testam t. COMMO NWEALTH OF PENNSYLYANLA Notariaiseal Pavickl.McL.au$Win.Notary Public L (e Upper Moreland Twir.,MOnrgomaryCounry My Commission 6xPires June 2L,2A08 / jMembber,Pennsylvania Associeoon of Noto ies We, l Cz,h E. �S 1 and t� 9z)a r V • 0 —J,- the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will and Testament; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age,of sound mind and under no constraint or undue influence. Qlane- A A {SEAL} Residing at: S lt�s Li r , r-1 1726-7 (SEAL} Residing at: f COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND: 4 !Lary scricl swo o befo m b both w' esses,this day of Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat Will Page S Patrick J.McLaughlin,NOtary Fublic Upper Moreland Twp.,MontgomeryCounry My Commission Expires June 21.204$ Member,Ponnsylvania Assouatfon o!Notmries