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HomeMy WebLinkAbout10-12-13 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)th( following and respectfully requests the grant of Letters in the appropriate form: Vonnie L. Lindsey Decedent's Information Name: Richard D Lindsey File No: 21-13 a/k/a: (Assigned by Register) a/k/a: a/k/a:. Social Security No: Decedent was domiciled at death in Cumberland County; PA (State)with his/her last principal residence at 520 Petersburg Road,Carlisle 17015 South Middleton Twp Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 520 Petersburg Road,Carlisle,PA 17013 South Middleton 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 $ 55,000.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania $ If not domiciled in Pennsylvania................. Personal property in County $ Value of real estate In Pennsylvania........... $ TOTAL ESTIMATED VALUE$ 55,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ❑ X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/shelthey is/are the Executors)named in the Last Will of the Decedent,dated 08/22/2006 and Codicil(s) thereto dated (State relevant cicumstances,e.g.,renunciation,death otexecutor,etc.j Except as follows:after the execution of the instruments)offered for probate,Decedent did not ma 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(8),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑X NO EXCEPTIONS❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable), c..a.; . .n.; . .n.c. a.;pedente t urante absentia; uran a mincinitate If Administration,c.ta or db.n.c.La.,enter date of Will in Section A above and complete list of heirs. i� ry Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been es_bblished as defined., rr1� in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS 0 EXCEPTIONS t+t S t"a r`? Pethioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouie"(if any)land hei"ttach,-j additional sheets,f/necessary): Name Relationship Address iM --I CD CD 'r1 Farm RW-02 rev.io-i f-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use only COMMONWEALTH OF PENNSYLVANIA } ' } COUNTY OF Cumberland } SS: Petitioner(s)Printed Name Petitioner(s)Printed Address Vonnie L.Lindsey 520 Petersburg Road Carlisle,PA 17013 CC CJ _ . The Petitioner(s)above-named_swear(s)or affirm(s)the statements in the foregoingg Petition are true and correct,toctlie best of the knouvledgb and belief of Petitioner(s)and that,as Personal Representatives)of th Decedent,Peti ioner(s)will well and truly admin�er the e e according to law. Sworn to, r wd a su s.ribed before I , Date O V23 me this ay f t s Date By: 1 Date f Date BOND Required? ❑ Yes No To the Register of Wills: FEES Please enter my appearance by my signature below: Letters............................................ $ Attorney Si pature: ( )Short Certificate(s).......:.. U, - ( )Renunciation(s)............... ( )Codicil(s)......................... ( )Affidavit(s)....................... Printed Name: Robert G Frey Bond.............................................. Supreme Court Commissio ..... . ........................ ID Number: 46397 Other Frey Firm Name: Y and Tile Y v Address: 5 South Hanover Street Carlisle,PA 17013 i Phone: 717/243.6838 Automation Fee............................. Fax: 717/243441 JCSFee......................................... TOTAL........................................... $ t E-mail: rfrey @freytiley.com DECREE OF THE REGISTER, Date of Death: . _08/22/2013 Social Security No: .F Estate of Richard D Lindsey File No:, 21-13 ~ a/k/a: AND NOW, in consideration of the foregoing Petition, v satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Vonnie L.Lindsey in the above estate and(if applicable)that the instrument(s)dated 08/22/2006 described in the Petition be admitted to probate and filed of record as t I st Will(and Co 'cil(s))of Dece j . gister of Wills P Copyright(c)2011 form software only The Lackner roup,I age 2 of 2 l�-illy LAST WILL AND TESTAMENT OF RICHARD D. LINDSEY I, RICHARD D. LINDSEY, married man, of South Middleton Township, Cumberland County, Pennsylvania, (mailing address; 520 Petersburg Road, Carlisle, PA 17015), being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. I. I direct my hereinafter named Executor or Executrices to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon, which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. I declare that I am married to VONNIE L. LINDSEY and that I have one child, RICLON T. LINDSEY. I have intentionally made no provision in this my Last Will and Testament for my said son, RICLON T. LINDSEY. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my wife, VONNIE L. LINDSEY, her heirs and assigns, per stirpes, provided that she shall survive me by a period of ninety (90) days. In the event that my said wife should predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event all of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my mother, ELINOR LINDSEY, her heirs and assigns, per stirpes. 4. I hereby nominate, constitute and appoint my wife, VONNIE L. LINDSEY, as Executrix of this my Last Will and Testament, but should she predecease me or fail to qualify as such, then in such event I nominate constitute and appoint my mother, ELINOR LINDSEY, as Executrix and I further direct that neither of them, shall be required to post any bond to secure the faithful performance of her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 7. In addition to the powers conferred by law, my hereinbefore named Trustees and Executors and their respective successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such st*s, bonds:and other securities, the powers of an individual owner who is not under trust 01�gation. � m M to —. I ca Cp C. To hold the trust corpus in one or more conso aled2funas in� ---'0 r'o which separate shares shall have undivided interests. � r Page 1 of 2 -�-d rn d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee." j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set ipy hand d seal to this my Last Will and Testament written on two (2) pages, this Z,2."My of I v v , 2006. (SEAL) ICHA D.- `�!n Signed, sealed, published, and declared by RICHARD D. LINDSEY the Testator above named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. �Y I- _. el-t, Page 2 of 2 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Richard D Lindsey Deceased Robert G.Frey (each) a subscribing witness to (Print Names) _ the ❑x Will ❑ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness a0 he request_Zf MID the Testator I Testatrix " in his/her presence and in the presence of each other. m rvD - ry (Sgnature) Robert G. Frey (Signature) v ± ; 7 p" ) c:) r--0 'ri 5 South Hanover Street (Strut Address) (Sheet Address) Carlisle, PA 17013 (CRY,State,Zip) (Crty,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed aridsubscribed Sworn to or affirmed and subscribed Arm �day before me this day of r of ills Notary Public My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notarys commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Form RW-03 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Richard D Lindsey , Deceased Trisha A. Liess (each) a subscribing witness to (Print NsmWs) the FA] Will ❑ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in his/her presence and in the presence of each other. e'> rn rn po rn =r-- c� ' rn r- n N � d c� =' o 0 (Signature) Trisha A. Liess (Signature) a tV 5 South Hanover Street ► � (Street Address) (Street Address) Carlisle, PA 17013 (Cdy,State,Zip) (City,state,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this day of of Deputy for Register of Wills Notary Public My Commission Expires: (Signature and seal of Notary or other official qualili o administer oaths. Shaw date of expiration of Notarys commission.) COMMoNW M,THOFPENNSYLVANUI NOTARIAL SEAL *OBER,G.FREY,Notary Pubft Botaugh of carlift,Cutnbetpnd Coutq PA My Cemnrission Eyires ppre 2011 NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Form RM03 Rev.1o•13-2o06 Copyright(c)2006 form software only The Lackner Group,Inc.