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HomeMy WebLinkAbout09-20-13 PETITI�pN FOR GRANT OF LETTERS REGISTER OF WILLS OF C c�W)aAd 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\/ / I I 13 _ 1,01(i Name: ( (�Ga- �( . Ot��(11>°/G� File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: —1(— 3 Age at death: '7 I V r5• old Decedent was domiciled at death in County, ,PA (State)with his/her last principal residence at 117 d/onodoatl,inef fYbbik O"cS 4fevovi He- PA nay[ ealnberlond r�� Sir et address,Post ce and tp Cade y i �C"[yam,Township ar Borough County Decedent died at t m0. i;t ;sb,ery AzSpi I l aOI C�om CX�S b t l�1 �id/1(tjfll PA Street address,Post Office and Zip Code City,Township or BoroughJ County State Estimate of value of decedent's property at death: If domiciled in Pennsyl vania............................ All personal property $ If not domiciled in Pennsy lvania. ....................... Personal property in Pennsylvania $ If trot domiciled in Pe nnsy lvania. ....................... Personal property in County $ Value of real estate in Pe nnsylvania..................................................... TOTAL ESTIMATED VALUE. ... $ /fit 000 • 00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessory.) Street address,Post Office and Zip Code City,Township or Borough County ryA. Petition for Probate and Grant of Letters Testamentary —q- Petitioner(s)aver(s)he/she/they islare the Executor(s)named in the last Will of the Decedent,dated -9-1=2010 and Codicil(s) thereto dated Slate relevant circumstances(e.g.renunciation,death of executor,erc) Except as follows: after the execution of the instrument(s)off ered for probate Decedent did not marry,was not divorced,was not a party to apending 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. ®NO EXCEPTIONS ❑EXCEPTIONS - ❑ B. Petition for Grant of Letters of Administration (Ifapplicable) c.t.a.,dAn.,d.b.n.c.t.a.,pendente lite,durance absentia,durantentinoritale If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a parry 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 Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by theNlowing spousd: fany)and heirs(attach additional sheets,if necessary): C © c--> sR r n Name RelationshipRVdd ess� C r D r J N C> � N Fornn Bw-02 rev. 1011112011 Page 1 of 2 i I Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } i I i Petitioner(s)Printed Name Petitioner(s)Printed Address ar ,e �c� FE Y11oYrovJ 'qq(o L0_nCaS+Co' kUf. ola- OaS The Peth0tier(s)above-named swear(s)or affirm(,)the stateme 'n the foregoing Petition are we and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(,)of the Docerbilt,the Retina yrJ(s)will we and truly administer the estate according to law. Sworn to or affirmed and subscribed before �- C! %/ /d7 t o L � Date 1070 /3 me day o&5 Wit_ZQL5 Dare By:' Date For rin flcgistcr Date BOND Required:[—]YES NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . .. . . . . . . . . . . . $fir esCJ Attorney Signature: ( I ) Short Certificate(s). . .. . . 5. O"O ( )Renunciation(s).. . .. . . . . ( )Codicil(s). . . . . . . . . . .. . n ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court m Other . . . .. . -r ID Number: D r•– ro 1 . . .... . . 1T- Firm Name: .. . . . . ITi Address: . . . . .. . . Phone: rV 'rt Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee, . . . . . .. . . . . .. . . . . . . . ,�,=�,hU Email: TOTAL. . .. . . . . . . . . . . . . . . . . . S DECREE OF THE REGISTER Estate of irLpId File No: aI- 13 -101 P a/k/a: ,,gyp. AND NOW, g been press te r Q�� U l , e consideration the foregoing satisfactory proof having been presented before me,I S DECREED that Letters are hereby granted to��Y CA.4. ((Z in the above estate and(if applicable) that the instrument(,) dated - ZO described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. Register of Wills �ef d�ecr(eey�sr�n d e Fonre rsw-nz rrN. roinrznil Page 2 of 2 x LAST WILL AND TESTAMENT OF Victoria V. Porterfield CO �� t •i �n-• t } /. ELDER LAW AND CONSUMER PROTECTION CLINIC The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle,PA 17013 Ph.717-240-5152 Fs. 717-241-3596 Page I of 10 Testator's Signat re LAST WILL AND TESTAMENT OF VICTORIA V. PORTERFIELD PRIMARY DECLARATIONS 1. Introductory Clause I, VICTORIA V. PORTERFIELD, at the time of this declaration having an address of 118 CME,Newville, Pennsylvania, 17241, Cumberland County, being of sound mind and memory and 67 years of age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all prior Wills and Codicils at any time heretofore made by me. 2. Marital Status I am not married. 3. Living Children/Legal Dependents & Grandchildren I have the following living children: a. CHERYL HENDRICK,my natural born child at the time of this declaration. b. DEBRAH ANN THOMPSON, my natural born child at the time of this declaration. ARTICLE I PERSONAL REPRESENTATIVE The expression "Personal Representative" used throughout this Will includes either the singular or plural number, and is synonymous with and includes the terms "Executor" and "Executrix." 1. Appointment I do hereby nominate, constitute and appoint PAMELA ANN MORROW, my niece, at the time of this declaration having an address of 496 Lancaster Avenue, Enola, Pennsylvania, Page 2 of 10 Test gnature Cumberland County, to act as Personal Representative under this my Last Will and Testament. Provided, however, that if she is unwilling or unable to act as Personal Representative, I nominate, constitute and appoint Randy Brewbaker, my nephew, at the time of this declaration having an address of 109 Pine Hills, Enola, Pennsylvania, Cumberland County,to act as Personal Representative under this my Last Will and Testament. 2. Exclusions Any individual listed herein shall be deemed unable to act as my Personal Representative if the individual: a. has been convicted on criminal charges before or after acceptance to act as my Personal Representative, or b. has been medically deemed mentally incompetent prior to my death and at any time following their appointment as my Personal Representative, or c. has empowered another individual or entity to act on their behalf in fulfilling their duties as my Personal Representative, by their appointment of a Power of Attorney or otherwise. 3. Bond Requirements Pursuant with the laws of the state in which my Last Will and Testament is probated, my Personal Representative shall not be required to furnish a bond for the faithful performance of his or her duties as Personal Representative. 4. Powers of My Personal Representative Pursuant with the laws of the state in which my Last Will and Testament is probated, I authorize my Personal Representative: Page 3 of 10 0- oz Testator's Sig afore a. To administer my estate independently without adjudication, order or rection of any court. The decision to administer my estate independently or under court supervision shall rest solely with my Personal Representative. b. To pay my legally enforceable debts, taxes, funeral expenses and all other expenses in connection with the administration of my Estate and the Trusts created by my Will as soon as possible after my death and upon thorough review of all debts known at the time. c. To retain, exchange or dispose of any personal property, after notice to the identified beneficiaries, and without liability for loss or depreciation. d. To purchase, maintain, convert and liquidate investments or securities or bank accounts, and to exercise any rights and options concerning any investments or securities. e. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed by my Personal Representative to be in the best interest of my Estate and beneficiaries. f. To maintain, settle, sue or defend, or otherwise deal with any lawsuits against my Estate. g. To employ any lawyer, accountant, or other professional, as deemed necessary to manage my Estate and ensure the fair treatment to all beneficiaries and to make prudent financial and legal decisions. ARTICLE II BURIAL/PAYMENT OF DEBTS and TAXES 1. Funeral Services I direct my Personal Representative not to have funeral proceedings. I direct that my remains should be cremated, with my final remains to be buried with the remains of my mother located at New Bloomfield cemetery in New Bloomfield, Pennsylvania. Page 4 of 10 Testator's Signa e l 2. Last Illness,Funeral and Burial Services Expenses I direct my Personal Representative to pay all of the expenses of my last illness, burial, and funeral expenses as soon as practicable after my death. I direct that the following source(s) of income shall be used to pay all such expenses, until each source shall be exhausted according to their relative order as listed below: Life insurance policy Residuary Estate 3. Payment of Debt and Inheritance and Estate Taxes My Personal Representative shall have absolute discretion to detennine that a debt is legally enforceable against my estate. My debt, as well as, state and federal inheritance and estate taxes and other similar taxes payable by reason of my death or with respect to any property passing under my will, and any interest and penalties thereon, shall be paid first from my life insurance policy until exhausted. ARTICLE III SPECIFIC BEQUESTS 1. Bequests to Groups The term "bequest" as used in this Will shall refer to a gift to a beneficiary of either real or personal property. If a bequest is made to a group of beneficiaries and any one of them has predeceased me and has surviving lineal descendents, then his/her share shall be distributed in equal shares amongst the surviving lineal descendents. 2. Intentional Exclusions It is my intent not to provide a bequest to CHERYL HENDRICK, my child, at the time of this declaration, under this Will for the following reason(s): Page 5 of 10 Y Testator's Si afore She has not been supportive nor has she maintained contact with me in the past years. It is my intent not to provide a bequest to DEBRAH ANN THOMPSON, my child, at the time of this declaration, under this Will for the following reason(s): She has not been supportive nor has she maintained contact with me in the past years. 3. Disposition(s) of Personal Property; Cash, Tangible, and Intangible I give, devise, and bequeath all of my personal property to the following individuals: a. I give and bequeath all my personal effects of every kind, to SONDRA BREWBAKER, my sister, having an address at 109 Pine Hills, Enola Pennsylvania, RANDY BREWBAKER, my nephew, having an address at 109 Pine Hills, Enola Pennsylvania, and PAMELA ANN MORROW, my niece, having an address at 496 Lancaster Avenue, Enola Pennsylvania, in three equal shares. b. I give and bequeath the contents of my checking and savings accounts with Cornerstone bank to SONDRA BREWBAKER, my sister, having an address at 109 Pine Hills, Enola Pennsylvania, RANDY BREWBAKER, my nephew, having an address at 109 Pine Hills, Enola Pennsylvania, and PAMELA ANN MORROW, my niece, having an address at 496 Lancaster Avenue, Enola Pennsylvania, in three equal shares. c. If SONDRA BREWBAKER does not survive me, I give and bequeath all of her share to RANDY BREWBAKER and PAMELA ANN MORROW, in two equal shares. d. If RANDY BREWBAKER predeceases me, or shall otherwise be unable or unwilling to take the gift, then I direct that the gift shall pass to his descendents according to state law, limited by my specific intentional exclusions. Page 6 of 10 Te or i ature e. If PAMELA ANN MORROW predeceases me, or shall otherwise be unable or unwilling to take the gift, then I direct that the gift shall pass to her descendents according to state law, limited by my specific intentional exclusions. ARTICLE IV RESIDUARY ESTATE f. I give, devise and bequeath all the rest, residue and remainder of my estate to PAMELA ANN MORROW having an address at 496 Lancaster Avenue, Enola Pennsylvania. g. If PAMELA ANN MORROW predeceases me, or shall otherwise be unable or unwilling to take the gift, then I direct that the gift shall pass to her descendents according to state law, limited by my specific intentional exclusions. ARTICLE V CUSTODIAL ACCOUNTS FOR THE BENEFIT OF A MINOR 1. Appointment of Custodian Should any of the beneficiaries under my will fail to reach the age of 25 years at the time of my death, any share of my estate to such beneficiary shall be paid to Pamela Ann Morrow,my neice, at the time of this declaration having an address of 496 Lancaster Avenue, Enola, Pennsylvania, Cumberland County, as "custodian for any of the beneficiaries under this will until age 25 under the Pennsylvania Uniform Transfers to Minors Act." 2. Appointment of Substitute Custodian(s) Should Pamela Ann Morrow die before the transfer or is unable, declines or is ineligible to serve as custodian, I nominate the following substitute custodians to serve as "custodian for any of the beneficiaries under my will until age 25 under the Pennsylvania Uniform Transfers to Minors Act," in such order as listed below: Page 7 of 10 4 Testator' Signature a. Randy Brewbaker, at the time of this declaration having an address of 109 Pine ' Is, Enola, Pennsylvania, Cumberland County. 3.Powers of Custodian I authorize that the Custodian shall have all powers and duties pursuant to the Pennsylvania Uniform Transfers to Minor Act. 4. Distribution upon Attaining Age All unexpended principal and income held by the custodian for the benefit of the beneficiary in accordance with the Pennsylvania Uniform Transfers to Minors Act shall be paid to the beneficiary upon the beneficiary attaining the age of 25. 5.Bond Requirements I direct that no custodian or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. ARTICLE VI MISCELLANEOUS If any portion of my Will shall be held illegal, invalid or otherwise inoperative by a court of competent jurisdiction or by subsequent statute, it is my intention that all of the other provisions II hereof shall continue to be fully effective and operative insofar as is possible and reasonable. Page 8 of 10 - � 4. Testato4Signa � i IN WITNESS WHEREOF, I, VICTORIA V. PORTERFIELD, have hereunto set my an an seal to this my Last Will and Testament, consisting of 10 typewritten pages,pages 2-9 of which bear my signature in the margin for identification, this 9th day of June, 2010. VICTORIA V. PORTERFIELD Signed, sealed,published and declared by the above-named Victoria V. Porterfield, 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: �2rLSALou'� CRxaiDDRESS //3 C'onoW.-z v ite�'�rJb/e Witness Full Name Witness: -eay b"4 //,-PL.DDRESS Witness Full Nariie S Page 9 of 10 t� COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, VICTORIA V. PORTERFIELD, q_ A�242q, and the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as her Last Will and Testament and that she signed willingly and that executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Will as witnesses and that to the best of their knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. 0�-Z- VICTORIA V. PORTERFIE D;Ystator D `Iet-esa Z. fj ,Witness (/jM74rdw,? m . LVoq, nr(Witness Subscribed, sworn to and acknowledged before me by VICTORIA V. PORTERFIELD, the Testator, and subscribed to and sworn or affirmed to jfore me by and 7'�l u— Wit witnesses,this 9th day of June, 2010. Notary Public Notary Public My Commission Expires: _ Vhl/ COMMONWEALTH OF PENNSYLVANIA, Notarial Seal Douglas Robert Roeder,Notary Public ' Carlisle Sum,Cumberland County My commission Expires June 2,2013 Memberr,PennsyivaN�lo�of Notaries Page 10 of 10 cl � .