HomeMy WebLinkAbout08-14-13 � rcesez
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: NEWTON H.FRITCHLEY File No: ��" � ' �
a/k/a: (Assigned by Register)
a/k/a:
a1k/a: Social Security No:
Date of Death: 07/25/2013 Age at death: 96
Decedent was domiciled at death in CUMBERLAND County, pENNSYLVANIA (State)with his/her last
principal residence at 223 AVON DRIVE,CARLISLE 17013 BOROUGH OF CARLISLE CUMBERLAND
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 223 AVON DRNE,CARLISLE 17013 BOROUGH OF CARLISLE 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 Pennsylvania.. .. .. ... ....... .... .. .. .... All personal property $ 300,000.00
If not domiciled in Pennsylvania. . . ... ....... .... .... ... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. . .. ....... .. .. .. .... ... Personal property in County $
Value of real estate in Pennsylvania........... ....... .... ....... ..... .. ....... .... .. . .. ... .. $ 319,000_0�
TOTAL ESTIMATED VALUE. . .. $ 619.000.00
Real estate in Pennsylvania situated at: 223 AVON DRIVE CARLISLE 17013 BOROUGH OF CARLISLE CUMBERLAND
(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 JULY 8,2013 and Codicil(s)
thereto dated
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.
Q NO EXCEPTIONS Q EXCEPTIONS
0 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 a6ove 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.
Q NO EXCEPTIONS Q 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): : ,
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Form RW-02 rev. 10/11/2011 Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA } :_:_-
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COUNTY OF CUMBERLAND } --�-4 _ , � `�� �`'
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Petitioner(s)Printed Name Petitioner(s)Printed Adz�re�� _`� �" � ��5���i
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RODNEY B.FRITCHLEY 661 EAST WINDWARD PLACE TUCSON A�_�5,7.b4 ` ��.� ° '
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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 knowl�dge 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 to ,a�irmed an bscribed before �'v►--�f Date ��(� 2C[3
,
me thi �� day of �, ` � � �ate
By: � �- �� Date
F �e Register Date
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BOND Required: Q YES Q NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ 510.00 Attorney Signature:
( 3 ) Short Certificate(s). . . . . . 15.00
( ) Renunciation(s).. . . . . . . . _.-
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( ) coaicit(s>. . . . . . . . . . . . . � - -
( ) Affidavit(s). . . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: ROGE� . IRWIN, ESQUIRE
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 62g2
WILL . . . . . . . . 15.00
INVENTORY . . . . . . . . 15.00 Firm Name: IRWIN&McKNIGHT, P.C.
INH TAX RETURN . . . . . . . . 15.00 Address: 60 WEST POMFRET STREET
• • • • • • • • CARI,iSLE, PA 17013
. . . . . . . . Phone: (717)249-2353
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)249-6354
JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: ^
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 598.50
DECREE OF THE REGISTER
Estate of NEWTON H. FRITCHLEY File No: �� I�� G' �
a/k/a:
AND NOW, - � , `'�L:��� , in consideration of the foregoing Petition,
satisfactory proof having b presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to RODNEY B. FRITCHLEY
in the above estate and(if applic�ble)that
the instrument(s) dated_7L1LY 8,2013
described in the Petition be admitted to probate and filed of rec r the last Wi (and Codici )) of Decedent.
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Register of Wills �� ,1�j ;
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Form RW-02 rev. 10/1I%2011 � �- �P e 2 f 2
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LAST WILL AND TESTA►ME �3 '���s —� � ��
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I, NEWTON H. FRITCHLEY, of the Borough of Carlisle, �inberland�o�.y�-;,
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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.
l. I direct my Executor, Substitute Executor or Alternate Substitute Executor, as the
case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient
after my decease. 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 my gross estate for death tax purposes, whether or not such property
passes under this Will, shall be paid by the Executor, Substitute Executor or Alternate Substitute
Executor from my estate, and that none of the aforesaid taxes shall be prorated among those
persons or entities named herein or otherwise beneficiaries hereunder.
2. My Executor, Substitute Executor or Alternate Substitute Executor may, at his
discretion, compromise claims, borrow money, retain property for such length of time as he may
deem proper; lease and sell property for such prices, on such terms, at public or private sales, as
he may deem proper; and invest estate property and income without restriction to legal
investments unless otherwise provided hereunder.
3. I authorize and empower my Executor, Substitute Executor or Alternate Substitute
Executor 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 bills of sale therefore, in fee simple, as I could do if living. My Executor, Substitute
, , . , .
Executor and Alternate Substitute Executor are authorized and empowered to engage in any
business in which I may be engaged at my death, for such period of time after my death as seems
expedient to said Executor, Substitute Executor or Alternate Substitute Executor.
4. I give, devise and bequeath all of my estate of whatever nature and wherever situate to
my son, RODNEY B. FRITCHLEY, absolutely.
5. I nominate and appoint RODNEY B. FRITCHLEY 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 ROGER B. IRWIN to be the Substitute
Executor of this my Last Will and Testament, whereby the said Substitute Executor shall have
the same powers as are given to the original Executor hereunder. If ROGER B. IRWIN has
predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then
appoint DOUGLAS G. MILLER as Alternate Substitute Executor of this my Last Will and
Testament, whereby said Alternate Substitute Executor shall have the same powers as are given
to the original Executor.
6. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty
(60) days.
7. No Executor, Substitute Executor or Alternate Substitute Executor acting hereunder
shall be required to post bond or enter security in this or any other jurisdiction.
2
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8. No beneficiary may assign, anticipate or pledge his interest in any income or principal
held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach
any such interest.
9. I hereby suggest that my personal representative retain the services of Irwin &
McKnight, P.C. as attorneys in the settlement of my estate.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this � r day of
July 2013.
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NEWTON H. FRITCHLEY
Signed, sealed, published and declared by NEWTON H. FRITCHLEY, the above-
named Testator, as and for his Last Will and Testament, in our presence, who, at his request, in
his presence and in the presence of each other have hereunto set our names as subscribing
witnesses.
. �
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ACKNOWLEDGMENT AND AFFIDAVIT
WE, NEWTON H. FRITCHLEY, TRACI D. SMITH and SHARON L.
SCHWALM, the Testator and witnesses respectively, whose names are signed to the foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the
Testator signed and executed the instrument as his Last Will and that he had signed willingly,
and that he executed it as his free and voluntary act for the purpose herein expressed, and that
each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness
and that to the best of their knowledge the Testator was, at that time, eighteen years of age or
older, of sound mind and under no constraint or undue influence.
� .
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N WTON H. F HLEY�
s,:
TRACI D. S ITH
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SHARON L. SCHWALM
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
Subscribed, sworn to and acknowledged before me by NEWTON H. FRITCHLEY,
the Testator herein, and subscribed and sworn to before me by TRACI D. SMITH and
SHARON L. SCHWALM,witnesses,this �'T day of July 2013.
�.F�-,,�� � C��`
lt�o ary Public
COMMONWEALTH pF P�fVNSYL`VANTb
Notarial Seai
Roger B.Irwin,Notary Pubiic
Cariisle 8oro,Cumberiand County
My Commission Expires Oct.3,2016
4 MEMBER,PENNSYLVANIA ASSOCIATION OF MOTARIES