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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): : , � r=, I-•_..A Name Relationshi �s fi � � -r;� c.-�- .,.w. A � � � c-' C�9 :�7 ..,��' t�'j ;,�� "� ,;.+� � ` "�C � � �, ;�'� � "�„1 ""k`Y � � � � . � -� "-! � � t"'t7 C!l `T'� Form RW-02 rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } :_:_- c7 - �,;� } S S: � �,,,� �--�-� °:`` �°°�°� COUNTY OF CUMBERLAND } --�-4 _ , � `�� �`' t:3 `'.'� 4w„y �i _ �. m.. Petitioner(s)Printed Name Petitioner(s)Printed Adz�re�� _`� �" � ��5���i „ �;.J '.. ....'.. � . �. RODNEY B.FRITCHLEY 661 EAST WINDWARD PLACE TUCSON A�_�5,7.b4 ` ��.� ° ' .. _ . , 4 ,.�' .... �� �......J .. F / .,. �� .. .....,. ... ; ... ��._'" �- '�•�V� A. . ..i e .,. � �tl� 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 i 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).. . . . . . . . _.- :> -� � �3e C��°�� ( ) 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. ��/U�� � Register of Wills �� ,1�j ; `'j / �. )�.� __ , �G Form RW-02 rev. 10/1I%2011 � �- �P e 2 f 2 ; C`� �=.� C �.,.a" �7 � -�»- CJ �' �7 �. ri:l ----, Q7 --C� �-`" -� � � �,*„�' C`r C..� ��'� �T""! �C? f,.' �,, "°� �..."� LAST WILL AND TESTA►ME �3 '���s —� � �� ..r._ - ;�: c, �.� "'""3 �.µ ,.-�k "� �,i ..p"! C"� C:;"` � -'�-� C..� �� �� ��, � �.�.. I, NEWTON H. FRITCHLEY, of the Borough of Carlisle, �inberland�o�.y�-;, � �� 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 • , � , . 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. r� IN WITNESS WHEREOF, I have hereunto set my hand and seal this � r day of July 2013. r—�- t � y � AL 1� ) 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. . � _ -/ . ���y�L.0 G=�'l ��"` '�..�f l-1,:z...`-�'i L-. , � 3 - . ' � � , � , 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. � . � � i N WTON H. F HLEY� s,: TRACI D. S ITH �!�r� r �'" � ; ,:y„��, f ?GC,�.c:i� � • c__ .�/�,�-I��:/ 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