HomeMy WebLinkAbout01.07.05 PETITION FOR PROBATE and GRANT OF LETTERS
also known as To: Register of Wills for Cumberland County,
BARBARA A. SWEENEY, Deceased Pennsylvania
Social Security No. 186-32-7441
The Petition of the undersigned respectfully represents that:
Your Petitioner, who is 18 years of age or older and the Executrix named in the Last Will and
Testament of the above decedent, dated April 7, 2004.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her principal residence
at 134 Rellim Street, North MiddletonTownship, Carlisle, Cumberland County, Pennsylvania.
Decedent, then 61 years of age, died December 27, 2004, at 134 Rellim Street, Carlisle, Cumberland
County, Pennsylvania.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: N/A.
Decedent at death owned property with estimated values as follows: $
(If domiciled in Pa.) All personal property $ 120,000.00
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania
situated as follows:
Total $ 120,000.00
~herew'' WH_E .REFORE, Petitioner respectfully requests the probate of the Last Will and Teat~ment
itt and the grant of letters TESTAMENTARY thereon ~O
Tawn a ' ' '-~ ~
y ^. Sulhva',t, Executr,x /
· ~.J LJ ~ ~.J' ~
130 Relhm Street
Carlisle, Pennsylvania 17013
OATH OF PERSONAL REPRESENTATIVE -~"
COMMONWEALTH OF PENNSYLVANIA )
: SS
COUNTY OF CUMBERLAND )
The Petitioner above-named swears or affirms that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of Petitioner and that as personal representative of the
above decedent Petitioner will well and truly administer the estate according to law.
Sw°rn t° °r affirrn-ed ando subscribed ~ rx~t~r-k_ (~ c,,_,~
before me this '~ d,,y of Tawnya A. Su~,an, Executrix
Estate of Barbara Ann Sweeney, a/k/a Barbara A. Sweeney, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOWN,,T'~ lL/~q F/ ,2005, in consideration of thc petition on the
reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument dated April 7, 2004 described therein be admitted to probate
and filed of record as thc last will of Barbara Ann Sweeney, a/k/a Barbara A. Sweency; and Letters
Testamentary are hereby granted to
FEES
Probate, Letters, Etc ............ $ ~0
Short Certificate(s) ............. $ [2 ,C)0 Scan M. Shultz, Esquire (,~._~'
"R'~nm~lllttOl~../g.l ..jOx.. .......... $ 1,~. 00 AttomeyI.D. No. 90946
,,.?CO~.~ F~F- $ 15'019 11RoadwayDrive, Suite B
~ F~OTAL $ Carlisle, Pennsylvania 17103
File .d~......~.: ........ l...~0, t9....~. ........................ (717) 249-5373
F: \User FoldcrXFirm DocsXEstates~3770- I pct. letters, wpd
I05.805 REV 9/86
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
,~~ Local Registrar "~
? 11017782
Date
H~.;~ R.. ~ COMMONW~LTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
~"~ CERTIFICATE OF DEATH
o~ ' a. =~su~xe~. ~b ~ -- 7441
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50~ Un~ve~ ~e
LAST WILL AND TESTAMENT
OF
BARBARA ANN SWEENEY
I, BARBARA ANN SWEENEY, of 134 Rellim Street, Carlisle, Cumberland County'S,
Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and
declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills
and Codicils heretofore made by me.
1
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. IfI do not own a burial
plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or
its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
I give, devise and bequeath the following property with all insurance proceeds thereon as
follows:
a. I give, devise and bequeath my real estate and home situate at 134 Rellim
Street, Carlisle, Cumberland County, Pennsylvania to my son, JASON W. SWEENEY, of 134
Rellim Street, Carlisle, Cumberland County, Pennsylvania. I further direct that the said property be
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LAST WILL AND TESTAMENT OF BARBARA ANN SWEENEY
appraised by a neutral Pennsylvania licensed real estate appraiser and that my son, DANE E.
SWEENEY and my daughter-in-law, KAREN A. SWEENEY, of 141 Tower Circle, Carlisle,
Cumberland County, Pennsylvania, be paid fair market value for their interest in said property.
b. I give, devise and bequeath my china closet to my niece, DEBORAH
KELLY, of 6 Hickory Street, Northern Cambria, Pennsylvania.
c. I give, devise and bequeath my china and crystal to my granddaughter,
ALEXANDRA SWEENEY, of 5 Seneca Circle, Carlisle, Cumberland County, Pennsylvania.
d. I give, devise and bequeath my Cumberland County Retirement Fund and my
Deferred Compensation Fund to my son, JASON W. SWEENEY.
e. I give, devise and bequeath my Janus Fund to my daughter, TAWNYA A.
SULLIVAN, of 130 Rellim Street, Carlisle, Cumberland County, Pennsylvania.
f. I direct that my significant other, ROBERT H. EGOLF, JR., of 134 Rellim
Street, Carlisle, Cumberland County, Pennsylvania, shall have the right to distribute my personal
property which he has paid for or which we jointly own.
g. I direct that my gun collection be distributed by my Executor in accordance
with my verbal instructions, hereinafter named, as he or she may deem appropriate.
3
I give, devise and bequeath the rest, residue and remainder of my estate, together with all
insurance proceeds thereon of whatever nature and wheresoever situate in equal shares, per stirpes,
to my daughter, TAWNYA ANN SULLIVAN, my son, DANE E. SWEENEY, my son, BARTH
W. SWEENEY, of 5 Seneca Circle, Carlisle, Cumberland County, Pennsylvania, my son, JASON
W. SWEENEY, and my significant other, ROBERT II. EGOLF, JR., providing that they survive
me by sixty (60) days.
Page 2 of 7
LAST WILL AND TESTAMENT OF BARBARA ANN SWEENEY
4
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
providing such investments do not unnecessahlyprevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit in his, her, or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
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LAST WILL AND TESTAMENT OF BARBARA ANN SWEENEY
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate, which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
5
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
6
I nominate, constitute and appoint my daughter, TAWNYA ANN SULLIVAN, as Executrix
of this my Last Will and Testament. In the event my daughter is deceased, unable or unwilling to
serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my
son, BARTIt W. SWEENEY, as personal representative of this my Last Will and Testament. I
direct that my personal representative shall not be required to give or post bond for the faithful
performance of his, her or its duties in this or any other jurisdiction.
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LAST WILL AND TESTAMENT OF BARBARA ANN SWEENEY
7
I hereby declare it to be my express desire that my personal representative employ the law
firm ofHanft & Knight, P.C., of Cumberland County, Pennsylvania, for legal advice and assistance
regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views
and wishes respecting any matters that may arise at the probate of this instrument, the administration
of my estate, and the execution of the powers herein mentioned. Any mention ofHanft & Knight,
P.C. in this my Last Will and Testament, is my free and voluntary act and through no influence by
any person.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this '7 day of April, 2004.
WITNE S S:
Page 5 of 7
LAST WILL AND TESTAMENT OF BARBARA ANN SWEENEY
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA ·
· SS.
COUNTY OF CUMBERLAND ·
I, Barbara Ann Sweeney, the Testatrix, 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; that I signed it willingly, and that I signed
it as my free and voluntary act for the purposes therein expressed.
g~b-a'~'~ g2fin Swe~ne)/ ' ff
Sworn or affirmed and acknowledged before me by Barbara Ann Sweeney, the Testatrix ,this
day of April, 2004.
Dolly M. Houset, Notanj Public
South Middleton Twp., Cumberland County
My Commission Expires SepL 24, 2006
Member~ Pennsylvania Assodat;on Of Nctar:~es
Page 6 of 7
LAST WILL AND TESTAMENT OF BARBARA ANN SWEENEY
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
WE'~/'I4~'e~-t~'~7~'~(~ and ~.,~_~v/ ~ 5~Ol~'~_ ,the
witnesses whose names are attached to the foregoing document, being duly qualified according to
law, do depose and say that we were present and saw Testatrix sign and execute the instrument as
her Last Will and Testament; that she signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed; that each subscribing witness in the heating and
sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our
knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Sworn or affirmed and subscribed before me by ~'~///Z/"~ ~/o t~~ and
~~ d~4. ~l~ !~'Z~, this '~ 4'.~ day of April, 2004.
SOU~l Middletor~ Twp., Cumberland Coun~
_ My Commission Expires Sept. 24,
Member, ennsvlven~a Assodal~on O~Notade~
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