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HomeMy WebLinkAbout07-29-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Pet@ioner(s)named below,who islare 18 years of age or otder,apply(ies)for Letters as apecfied below,and in support thereof aver(s)the following and respecHully requests the grant of Letters in the appropriate form: James D Hughes DeeedenYs InformaHon �j Name: Joseph C.Bowen File No: 21-13 � D �� alk/a: (ASSlgned by Regiater) a/k/a: a/k/a: Social Securlty No: Date of Death: 07/06/2013 Age at Death: 6B Decedent was domiciled at death in Cumberland County, pA (Sfate)with hislher last principal residence at 7 Circle Drive,Carlisle 17015 Middlesex Townahip Cumberland sire�eaareas,Poo�om�e�a z�a coaa c�y,To»,�.n�o or eorw,uh c«,�iy Decedent died at SVeat atltlraea,Post Olfice eM Zip Cotle City,Townal�ip or Boraph Cowity Stete Estimate of value of decedenYs property at death: Ndom)clled7n Pennsy/vanla...................... All personal property $ 30,000.00 Ifnot domicfled7n Pennsy/vania................ Personal property in Pennsylvania $ If not domlelled in Pennsy/vania................ Personal property in County $ Value ofreal estete in Pennsylvan/a................................................................... $ 200�000.00 TOTAL ESTIMATED VALUE S 230,000.00 ReelastateinPennaylveniesiluetaCat 7ClrcleDNvB�CaAisle 77075 MIdd1889xTOwnahlp Cumberland (Attech atltldianal sheefs,il rrer.essary) Street etltlress,Posl�ce eM Zip CcCe City,Tv.ma�i0 or Baaup� Co�nly �p, paLdon!or ProhaG and Grant of Lakars Teatamenhrv Petitioner(s)aver(s)that he/shetthey islare the Executor(s)named in the Last Will of the Decedent,dated 10/37/2001 and Codicil(s) thereto dated Stete MeveM drcumslencea(e.8���^umiefbn,tleaM o/e.cecubr,ek) Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not ma�y was not divorced,was not a pa 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 hgve e child�orn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ��_-; 3 �NO EXCEPTIONS � EXCEPTiON3 i� W ', n � �^i c � d ++ '":l C „y _°] ❑ B. PeNLon for GraM of Letfe'a of Administretlon pf apP��ble) C'% ". �. i_7 c.t.a.,tl.b.n..d.b.n.c.t.a.,pede IiM�d4rante a�pNa.dmB � irrotltete If Adminlstration,c.t.a ord.b.n.c.f.a.,anbr dam of WIII In Sectlon A aheve and comolete Ilat of Mirs.� "� '- � '� } � J Except as follows:Decedent was not a party to.pending diyorce proceeding wherein the grounds for divorce C�a`tleeRestahii�ed ae�lefiled in 23 Pa.C.S.§3323(g)and was neither the vidim of a killing nor ever adudicatad an incapacitated personrJ �,_, , . � '� e� ',:. �NO EXCEPTIONS � EXCEPTIONS ,� ' - E a ��`- -*+ Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the foAowiQg�`spouse(i�any)9nf Mirs(attach additional sheets,ff necessary): -c � y Name Relationshi Address Fwm RW-02 rev.f0.7 f-207 f CopyriBhl(c)P011 fortn sdMere only The Leckner Group,Inc. Pa9a�b Z Oath of Personal Representative om��e�u�omY COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland ) n r F Petitioner(s)Printed Name Petitioner(s)Printed ���� ;�'�_ "''+'..!���� Jamea D.Hughes 354 Alexander Sprin oad,$uite 1 cenisia,aa no,a ,I' �Gl. 29 P'il � 15 �,!_. .., , _�{j� v _ll\'V � � t�'^, ��1�., � rjj�,u�c2�_Gra� The Petitionar(s)above-named swear(s)or affirm(s)the stat ents in h o tition are true and corced to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative of th eceden ti' ner(s)will weti and truly administer the estate accordin to la . Sworn to o ff�i,rtmed a ubs ibed before oe�e �` � me thi -tlay of , 20�- oe�e BY: De�e Reyiskr Dete BONDRequlred? � YES � NO TotheRegisterofWills: FEES: Plesse enter m p rance by my signature below: Lettere.......................................... $ 310.00 Attorney gnature� ( 8 )Short Certificate(s)......... 40.00 ( )Renunciation(s).............. ( )Codicil(s)........................ ( 1AifidavR(s)...................... Prl d Name: J es D.Hughes Esq. Bond............................................. Su me C Commission.................................. ID N . 58884 anar nnn �s.oa PA Inhsritanu Tax 15.00 Firtn Name: Salzmann Huahes,P.C. Inventory 75.00 Address: 364 Alexander Spring Road,Suite 7 JCP 23.50 Automatlon Fee 5.00 Cadlsle,PA 1701b Phone: 717-249-8333 Autometion Fee............................ Fax: 717-249-7334 JCSFee....................................... TOTAL......................................... $ 423.50 E-mail: jhugMs�salzmannhughes.com DECREE OF THE REGISTER Date of Death: 07/OS/2013 social securlty No: � Estate of Joseph C.Bowen Flle No: 21-1� a/k/a: AND NOW, , � ,in consideretion of the foregoing Petition, satisfac[ory proof having been pre ted befora me,IT IS DECREED that Letters TestemeMarv are hereby granted to James D.Hughea in the above estate and(H applicable)that the instrument(s)dated 10/31/2001 described in the PetRion be admtttad to probate and filed of record as th s Will(a d Codi i s))of De t'. nn /�/� R isterofWills CopyrpM(c)201 t brm aoltware only 7he LecWier Oroup,I�'� Paqe 2 at 2 _ � �'/�� i , , � (3 -�1 `� LAST WILL ANZ? TE.STA112�E1YT C7 �� i A c: ,_� �-' ry m � �-- c> i�.:: . t-= `'? o . r . . . .., :— .�; � � I, JOSEPH C. BpWEN, af South Middleton Township, .�umberlatrFh Couu�'�, Pennsylvania, baing of sound mind, dispasing memory and full legal age;� dd hc-�eby`-�;ia`#�e, _.� -;, publish and daclaze this to be my Last Will and Testarnent, hereby revoking aH:,Wi11s �d Codic'rls heretofore made by me. - c,-� "' � QiVE. I direct my Executar or Executrix, as the case may be, to pay alt af my debts, funeral and adrninistrative expenses as soon as convenient after my dacease. Purthermore, I direct that ail state, inheritanca, succession and other death tases imposed or payable by reason of my death and interest and penalties thereon with respect to all property camposing of my grass estate for death tax purposes, whether or not such proparty passes under this Will, shall be paid by the Executar or Executrix af my estate. TW{}. My Executar or Executrix may, at his or her discretion, eompramise claims, borrpw rnoney, retain property far such length of time as he or she may deem proper; laase and salt praperty far such prices, on such terms, at public or private sales, as he or sha may deem proper; and invest estate property and income without restrictian to legal investments unless otherwise provided hereunder. T authorize and empower rny Executor or Execuri-ix ta selt any realty andlor personalty owned by me at my death and not specificaliy devised or bequeathed herein, at public or private sale ar sales and to give good and suf#"icient deeds and/or bills of sale Eherefor, in fee simple, as I oould do if living. My Executar or Executrix is autharized and empowered ta engage in any business in which I rnay be engaged at my death, for such period of fima after my death as seems expedient to said Executor or Exacutrix. THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my daughters, ERIN L. BOWEN and JENNIFER C. BOWEN, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. Notwithstanding the above, in the event my daughters are under the age of twenty-eight (28) yeazs at the time of my death, then in that event my estate shall be held in trust and administered and distributed in accordance with the provisions of Pazagraph Four hereof. FOUR In the event that my daughters, or any other beneficiary shall be under the age of twenty-eight (28) years at the date of my death, then his or her inherited share under this my Last Will and Testament shall be held in trust by the hereinafter mentioned Trustee according to the following terms and conditions: The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of my children, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my children such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their continued support, maintenance, education, medical caze or general welfare. My primary object is to ensure the continued support, maintenance, education and medical care of my children until they reach the age of twenty-eight (28) yeazs. Notwithstanding the above purpose of this trust, the Trustee, in the Trustee's sole discretion, may distribute any portion of the income or principal of the trust estate over to any of my children who have 2 attained the age of twenty-eight (28) yeazs prior to the ultimate distribution hereof as the Trustee deems proper for the health, maintenance, education or setting up of a child in business or in a profession, or the purchase of real property or for similaz purposes or for any other purpose which would in the Trustee's sole discretion advance the best interest of said child. The Trustee shall be under no duty to distribute or use the principal equally for each of my children, but may distribute or use principal unequally in his or her discretion. When the youngest child reaches the age of twenty-one (21) yeazs, then one- third (1/3) of whatever remains of income or principal of this trust estate shall be distributed in equal shazes to my children, shaze and shaze alike, per stirpes, which provides that the child or children of any deceased child shall take the share their pazent would have taken if living. When the youngest child reaches the age of twenty-five (25) years, then one-third (1/3) of whatever remains of income or principal of this trust estate shall be distributed in equal shares to my children, share and shaze alike, per stirpes. When the youngest child reaches the age of twenty-eight (28) years, then whatever remains of income or principal of this trust estate shall be distributed in equal shares to my children, share and share alike, per stirpes. In the event that any of my children of this Pazagraph Four predecease me or become deceased prior to the distribution of this Trust without leauing surviving issue, then in that event, the deceased child's shaze shall be divided equally, per stirpes, between my surviving children of this Pazagraph Four. For whatever reason, if all of my children of this Paragraph Four predecease me or become deceased prior to the distribution of this Trust without leaving surviving issue, then this shaze as stated in this Pazagraph Four shall be distributed in accordance Paragraph Five hereof. 3 FIVE. In the event of a common disaster causing the death of myself and my daughters, without surviving issue, all within a period of sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate as follows: A. Twenty-five percent(25%)to JANE STOKES,per capita; B. Twenty-five percent(25%) to CINDY COLDREN, per capita; C. Twenty-five percent(25%) to RICHARD NORRIS,per capita; and D. Twenty-five percent (25%)to TRICIA NEGLEY,per capita. SIR I hereby nominate and appoint JAMES D. HUGHES, ESQUIRE to be the Executrix of this my Last Will and Testament. If he has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint REBECCA R. HUGHES, ESQUIRE to be the Executrix of my estate. If she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint the senior partner of Irwin McKnight & Hughes or its successor, whereby the substitute personal representative shall have the same powers as the original Executor hereunder. SEVEN. I nominate and appoint JAMES D. HLJGHES, ESQUIRE, or if he is not able or does not serve for whatever reason, REBECCA R. HUGHES, ESQUIRE, or if she is not able or does not serve for whatever reason, the then senior partner of Irwin McKnight and Hughes or its successor to serve as Trustee of the trust created in Pazagraph Four hereof. EIGHT. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. _ NINE. No Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. TEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be govemed and construed in accordance with the laws of the Commonwealth of Pennsylvania. St IN WITNESS WHEREOF, I have hereunto set my hand and seal this � day of October, 2001. ( EAL) S H C.BOWEN Signed, sealed, published and declazed by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other haue hereunto set our names as bscr' in itnesses. 5 .. ��. ACKNOWLEDGMENT AND AFFIDAVIT WE, JOSEPH C. BOWEN, JAME5 D. HUGHES and CHERYL L. CLELAND, the testatar and witnesses respectivaly, whose names are signed #a the foregoing instrument, being first duly swarn, do hereby declare to the undersigned authority that the testator signed and executed the insmzmant as his Last Will, and that he had signed wiTlingly, and that he executad it as his free and voluntary act far the purpose herein expressed, and that each ofthe 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 khat�time, eighteen years of age or oider of sound mind and nnder no canstraint or undne influence. BOWEN .S D.HL1 HES C YL L. CLELAND COMMONWEALTH OF PENNSYLVANIA . . SS: C4UNTY t}F'CUMBERLAND . Subscribed, sworn to and acknowledged before me by JOSEPH C, BOWEN, the testatar herein, and subscribed and sworn to before me by JAMES D.HUG S and CHE L. CLELAND,witnesses, this �f S�` day of Qctober, O1. ta , ublic Notadal Seal JacquelNe L. Drewbaugh Notary PubliC Carlisle eoro,Qumber(and s � MY Gomrr�slon E�Ir�Aug.14, Member,Pennsylvania AssoCiBtlOn�NoteM98