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Home My WebLink About01-09-14 Res�t 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 fonn: Decedent's Information �� Name: Inaclaire Darbv File No: ' �a: (Assigned by Register) a/k/a: �a: �Social Security No: 094-26-7543 Date of Death: 12/20l2013 Age at death: 77 Decedent was domiciled at death in Cumberland County, pA (srare)with his/her last principal residence at 406 McLand Rd Mt.Holl S rin s 17065 South Middleton T Cumberland Coun � S tr e e t a d d r e s s,P o s t O f f f c e and Zi p Code City,Township or Borough h' Decedent died at M S Hershev Medical Center Hershev PA 17033 Daunhin PA Street sddress,Post Oft'ice and Zip Code City,Towns6ip or Borough County State Estimate of value of decedent's property at death: $ 255,000.00 If domicilad in Pennsylvania............................ All personal property ` If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania � If not doniiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsytvania..................................................... $ 214_60Q� TOTAL ESTIMATED VALUE. ... $ 4�9�600. Real estate in Pennsylvania situated at: 406 McLand Rd,Mt Hollv Sprin�s 17065 South Middleton Twp Cumberlan Cit Townshi or Borou h County (Anach additiona!sheets,if necessary.) Street address,Post Office and Zip Code Y� p g � A. Petition for Probate and Grant of Letters Testamentary � Petitioner(s)aver(s)helshe/they is/are the Executor(s)named m the last Will of the Decedent,dated October 4,2005 and Codicil(s) thereto dated State relevant circumstances(�g.renunciadon,death of eacecutor,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 �EXCEPTIONS � B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente tite,durante absentia,durante minoritate If Administration,c.�a. or d.b.n.c.�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. �NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): ��' � � Name Relationshi Adi�e� C-- ` � " � � :� � � � � CJ� � C� � y , � � � � � � �7 ♦ � �, � � � � � � Page 1 of 2 Form RW-02 rev.10/11/2011 x=-.... . t,.;, �=-� '�' ..c � 1�l� Oath of Personal Representative � o off�u� y �+ �r, �. � �v COMMONWEALTH OF PENNSYLVANIA � � 1� � � � } } SS: � '� � � � a` COUNTY OF Cumberland } � � � � ,"�� Petitioner(s)Printed Name Petitioner(s)Print� ess "'""' . � � Karen� ��Q, , 35 Trine Ave. Mt.Holl S rin s PA 17065� CJ1 � The Petitioner(s)above-named swe�r(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal°Representative(s)of the Decedent,the Petirioner(s)will well and truly administer the estate according to law. Sworn to r affirmed��subs�ibed b fore �(,��N)�YJ. `�i2p;�2/YYI Date �0 �� me t �da�Qf , Of Date BY� Date F R'egiste"r Date BOND Required: Q YES � NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Lett s. .... . . .. . . . .. . . . . . . . $ �O`oV Attorney Signatur ( )Short Certificate(s).. . . . . � ( )Renunciation(s)... .. . . . . ( )Codicil(s). . .. .. .... . .. ( )Affidavit(s)... . ... . . . .. Bond............ ... .... . .. . . Printed Name: John C Oszustowicz Commission. ...... . . . .. .. ... . ' Supreme Court 0 � . . . .. . . ID Number: 37076 .. . . . . . Firm Name: Law Office of John C Oszustowicz .. . . . . . D Address: 104�Hanover St. .. .. . . . _�arlisle,P 17 1�, .. .•.. . 0 Phone: 717-243-7437 . Automation Fee. ..... . ... ..... Fax: JCS Fee. ......... . .. ... .. . . . Email: �o� hno(a�c�arlis]�,n�la},�-C�m TOTAL. ........ . .. . . . . .. . . . $ ""U'00" / .�� CREE 4F THE REGISTER Estate of Inaclaire Darbv File No: /�i� � 'QDd alk/a: AND NOW, , ,in consideration of the for going Petition, satisfactory proof having been pr sented before me,IT IS ECREED th t Le s are hereby granted to . ,: in the above estate and�if applicab}e}that the instrument(s)dated - - described in the Petition be admitted to probate and filed of recor as the last Wi nd Codicil(s))of Deeedent. ' , Registe ills , Form RW-02 rev.10/I1/2011 __. __ _ _ �� ,. _ _ __ _ �r g , � , � , + � r,,,,,� y� � � � � � � � � � zca► � in � � � � � � � tn � '�'� �v +�r . LAST WILL AND TESTAMENT �,,.�� ,� �+ .� "*� '�'�t ;� � � '� � OF � .� N � n � cf'r � c� INACLAIRE DARBY � � I, INACLAIRE DARBY, a resident of the Commonwealth of Pennsylvania, make, publish and • declaze this to be my I,ast Will and Testament,revoking all wills and codicils at any time heretofore made by me. I live with my husband who retired from the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the ' administration of my estate,and all estate,inheritance and similaz taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate,without apportionment and with no right of reimbursement from any recipient of any such property. ' SECOND: I give all real estate owned by me at the time of my death, and all rights that I have ' under any related insurance policies,to my husband,MELVIN G.DARBY,if he survives me. THIRD: I give all the rest, residue and remainder of my property and estate, both real and personal,of whatever kind and wherever located,that I own or to which I sha11 be in any manner entitled at the time of my death(collectively refened to as my"residuary estate"),as follows: (a) If my husband,MELVIN G.DARBY,survives me,to my husband outright. � , (b) If my husband does not survive me, then to those of my children (BARBARA DARBY " BEEMAN, SHELIA DARBY BROWN, LAURA DARBY DUNDORF, EILEEN DARBY MULROY,KAREN DARBY BREAM,MARY DARBY ZAYAS-BAZAN,MICHAEL DARBY and JOHN PATRICK DARB� who survive me and to the issue who survive me of those of my children who sha11 not survive me,per stirpes. (c) If my husband does not survive me and there shall be no issue of mine then living,I give my residuary estate to those who would take from me as if I were then to die without a will,unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FOURTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor,at any time and without court authorization,may: distribute the whole or any part of such property to the beneficiary;or use the whole or any part for the health,education,maintenance and support of the beneficiary;or distribute the whole or any part to a guardian, committee or other legal representative of the benefieiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto,even though my Executor may be such person. If such beneficiary is a minor,my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one(21)years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SIXTH hereo£ If the ben- eficiary dies before attaining said age,any balance shall be paid and distributed to the estate of the beneficiary. FIFTH: I appoint my husband,MELVIN G. DARBY,to be my Executor. If my husband does not survive me,or shall fail to qualify for any reason as my Executor,or having qualified sha11 die,resign or c�ase to act for any reason as my Executor, I appoint my daughter, KAREN DARBY BREAM, as my Executor. If my daughter,KAREN DARBY BREAM, shall fail to qualify for any reason as my Exccutor,or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my son, JOHN PATRICK DARBY, as my ' � � � l � 1 Executor. I direct that no Executor shall be required to file or fiunish any bond, surety or other security in any jurisdiction. SIXTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain,sell at public or private sale, exchange, grant options on, invest and reinvest,and otherwise deal with any kind of property,real or personal,for cash or on credit;to borrow money and encumber or pledge any property to secure loans;to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attomeys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors,executor,executrix or administrator in office from time to time. SEVENTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. This document was prepared under the authority of 10 U.S.C. §1044 and implementing military regulations and instructions, by Captain Victoria Ko, United States Army, who is licensed to practice law in the State of New York. IN WITNFSS WHEREOF, ,INACL Y,sign my name and publish and declaze this instrument as my last will and testament this_�day of ,2005. . INACLAIRE DARBY The foregoing instrument was signed, published and declared by INACLAIRE DARBY, the above-named Testatrix,to be her last will and testament in our presence,all being present at the same time,and we, at her request and in her presence and in the presence of each other,have subscribed our names as witnesses on the date above written. . . �!(,'�Q�f J ,��v��--having an address at ��-�'� � � � �l� 1 � t,ot�c,h �,.. 'C'��s having an address at � I�n13 2 . , , , , ACKNOWLED�MENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND,ss. We, the Testatrix and the witnesses, whose names are signed to the attached or foregoing instrument, being first duly swom, do hereby declare to the undersigned authority that the Testatrix, INACLAIRE DARBY, signed and executed said instrument as her last will and testament in the presence and hearing of the witnesses,and that she had signed willingly,and that she executed it as her free and voluntary act and deed for the purposes therein expressed,and that each of the wimesses at the request of the Testatrix,in the presence and hearing of the Testatrix and each other,signed the will as witness,and that to the best of his or her knowledge the Testatrix was at the time at least eighteen years of age or emancipated,of sound nund and under no constraint,duress,fraud or undue influence. � INACLAIRE DA,RBY Testa ' � � . print: I'�1�e I,ael J . .�-v+�.�o�'r!o`t4�.. Witness print: (,O�ItI1 �• T�d M Witness Subscribed, swom to and acknowledged before me by the ' INACL DARBY,Testatrix, and subscribed and sworn to before me by the above-named wi esses,this day of ,2005. . No' Public My commission expires on`�/� 20v� COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Betty S.FC�stler,Notary Public Carlisie Boro,Curriberfand County My Corrrnission Expires May 14,ZOOA Member,Pennsylvania Association of Notaries