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HomeMy WebLinkAbout11-05-13 Reset 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: Linda M. Powell File No: - a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: October 30 2013 Age at death: 70 Decedent was domiciled at death in Cumberland County, Pennsylvania (Stare) with his/her last principal residence at 15 Derbyshire Drive Carlisle, South Middleton Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 15 Derbyshire Drive Carlisle,South Middleton Townsh 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 Pe nnsyl vania.. .. . .... ..... ..... .. .... . .. All personal property $ 100,000.00 tf not domiciled in Pennsylvania. .. .... ... ..... .... . .... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. :. .... . ..... .... .... Personal property in County $ Value of real estate in Pennsylvania... ..... ...... ..... . .... . ....... .... . ..... ... . ....... . ... $ 950,00000 n.nn TOTAL ESTIMATED VALUE. ... $ 350.000 00 Real estate in Pennsylvania situated at: 15 Derbyshire Drive Carlisle,South Middleton Township 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 November 11,2011 and Codicil(s) thereto dated none 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. NO EXCEPTIONS Q EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) c.f.a.,d.b.n.,d.b.n.c.t.a.,pendenfe life,durance absentia,durance minoricate 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 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. 0 NO EXCEPTIONS ©EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if ariy)and heirs(attach additional sheets, if necessary): C rn Name Relationship AddtG, c �J Z r— r— » rrf rn z Cn CD o 0 c� o n O c:= n r N cif C.> Form ew-02 rev. 1011112011 Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Ad ss Kristin H.Swab 15 Derbyshire Drive Carlisle Penns lvania 17013= O 17- p co ca c V o T _ p D T. cn In � n O The Petitioner(s)above-named swear(s)or affirm(s)the stat meppp is in th 'oregoin Petition te tru e and correct tp hr;ttC'est of theNQlbwle"ge PTO belief of Petitioner(s)and that,as Personal Representatives)oft ed nt, he Pet ion (s)wilell and truly adma4terihe estatei.4e ord�t0aw. Sworn to or affirmed and ubscribed before Date /o .3/ 13 me s �C day o �WG Date By Date For the Register Date BOND Required: S e-NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: (3 )Short Certificate(s). . . . . . f ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Michael A.Scherer,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 61974 L . . . . . . . . I . . . . . . . . / Firm Name: Baric Scherer LLC . . . . . . . I J.�j Address: 19 West South Street Carlisle,Pennsylvania 17013 . . . . . . Phone: (717)249-6873 Automation Fee. . . . . . . . . . . . . . . Fax: (717)249-5755 ICS Fee. . . . . . . . . . . . . . . . . . . . . U Email: mscher n er4hninescherer cm TOTAL. . . . . . . . . . . . . . . . . . . . . $� DECREE OF THE REGISTER Estate of Linda M. Powell File No: a/k/a: AND NOW, M CV,Q,M by Y_ S o;!CQ inconsideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters testamentary are hereby granted to Kristin H.Swab in the above estate and(if applicable)that the instrument(s) dated November 11,2011 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. - RegisterofWils � p�eWtiSe'� C� For,,,RW-oz rev. 1011112011 Page 2 of 2 w � m m EDa �. � o 0 m -rc' cnrV OF I- mm zM cn :Ad Z . R O 0 LINDA M. POWELL Co n o 't' nj T F- r m ca I, Linda M. Powell, of Carlisle, Cumberland County, Pennsylvania, do hereby declare this to be my Last Will and Testament and hereby revoke all Wills and Codicils previously made by me. ITEM ONE: I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all death taxes (whether such taxes be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM TWO: I give and bequeath such of my personal property as may be listed on a signed and dated memorandum kept with my Will to the persons named thereon, provided they survive my death. Should such a memorandum not be found with my Will, it shall be conclusively presumed that none was prepared, and all of my personal property shall pass according to the remaining provisions of this Will. ITEM THREE: I give, devise and bequeath my entire estate of whatever nature and wherever situate to my daughter, Kristin H. Swab, provided she survives me by sixty (60) days. In the event Kristin predeceases me or fails to survive me by sixty days, my estate shall be divided into two equals shares, with one share going to the Salvation Army, to be used by the Carlisle, Pennsylvania Chapter for its general uses and purposes, and the second share shall be given to Project Share, of Carlisle, Pennsylvania, to be used for its general uses and purposes. ITEM FOUR: While in the hands of my fiduciaries, neither the principal nor the income of my estate or any trust created hereunder shall be liable for the debts of any beneficiary hereunder, nor shall the same be subject to seizure or attachment by any creditor of any beneficiary under any writ or proceeding at law or in equity, and no beneficiary hereunder shall have any power to sell, assign, encumber or in any manner to anticipate or dispose of his or her interest in the trust estate or in the income produced thereby. ITEM FIVE: I direct that no Executor or other fiduciary named, nominated, or appointed by this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the court of the J\ Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. I direct that the law of the Commonwealth of Pennsylvania shall apply to any interpretation or application of the validity of this instrument. ITEM SIX: My Executor shall have the following powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, personal or mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without court approval, and effective, with respect to each item of said property until actual distribution thereof. A) To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversification, and to purchase and acquire real or personal property and to hold any or all of such real and personal property retained or acquired without making the same productive of income. B) To pay all taxes, charges and expenses of maintenance, upkeep, improvements, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my Executor shall determine. C) To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a security holder or share holder in any corporation; and to lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court, any real or personal property, or portion A or portions thereof, irrespective of the manner or the means by which the same was acquired by my said Executor. D) To make payment or distribution herein provided for in cash, kind or partly in cash and partly in kind, at valuations fixed by my Executor at the time of distribution. ITEM SEVEN: Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to an heir, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. ITEM EIGHT: I appoint my daughter, Kristin H. Swab, Executrix of this my Last Will and Testament. In the event my daughter, Kristin, is unable or unwilling to serve as my Executor for any reason, I appoint my attorney, Michael A. Scherer, Esquire, alternate executor of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first three (3) of which bear my signature in the margin for the purpose of identification, on this the dayof Nnbr� 2011. V / (SEAL) Linda M. Powell Signed, sealed, published and declared by the above named testatrix, Linda M. Powell, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ^ ADDRESS a ADR ESS]A 5 l&f>r► I L Rd,N., AfV i I L. PA 17A41 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Linda M. Powell, i wlw .tq l�Qfand the testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument of her Last Will and Testament, and that she signed willingly and that she 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 testatrix, signed the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this the //* day of , 2011. COMMONWEALTH OF PENNSYLVANIA Nei Seal Jennifer S.Ltrdsay.Notary P�Dc Cafte Boo,Qmbertarq(burpy My Cottml6sion Er¢�rR Nov.20,2011 Member,Pennsylvania Assm1atlon of Notaries