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HomeMy WebLinkAbout02-11-14 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberiand COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age ar 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: Richard W Dutrev File No: `� a/k/a: Dick Dutrev (Assigned by Register) a/k/a: ��a: Social Security No: Date of Death: 01/19/14 Age at death: 86 Decedent was domiciled at death in Cumberland County,pA (srare)with his/her last principal residence at 205 Conwav St Carlisle PA 17013 Borou�h of Carlisle Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Carlisle Re�iona(Medical Center Carlisle PA 17013 Borough of Carlisle 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 Pennsy/vania............................ All personal property $ 60,000.00 If not domiciled in Pennsy[vania. ....................... Personal property in Pennsylvania $ lf not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL EST[MATED VALUE. ... $ 60,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Oftice 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 Nov.20,2012 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etG) 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. Q• NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (tf applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.ta. or db.n.c.�a,enter date of Will in Section A above and�mplete li�£of he�s� Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for��i'v�e had beemesta�h�as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated pe€6bn-� � � :� rn s ra ._.: � O NO EXCEPTIONS Q EXCEPTIONS � �" � �' �"�`9 � . a:.r Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the f�(]oGVin�ouse(if any�nc�l�irs(attach additional sheets, if necessary): � � � �� � _;� � .,�. �. w- . ' °:, Name Relationshi A��¢ss �_ {' ,., � ^. ^L7 }._� ti) k:.t �. `I Fo,m Rw-oz .�. roii�norl Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Add�ss ��,� o ��,-� �f�- ao s- co � �� s�. C� r��� �- �7 a>� . The Petitioner(s)above-named swear(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 Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before`� � Date o2/1�� me this I*day o I' , ��7 ��'� ��— � D r � C7 By: � -� For the Register � '"" � ff� � , � D �" h-' rs't �"�'t 3--� ,�,� � N �1 �::7 BOND Required: Q YES (��NU To the Register of Wills: � �: � � `—��'' `i� FEES' Please enter my appearance by i�slgn�ature ow:'�4 �-.; • ,,...._ �~� � � �- �.., ___ . � Attorney Signature: • �a �-. �� ��� Letters. . .. .. .. .. .-•••• . .._._ $ �' . _.i �.... � ( rj ) Short Certificate(s).. .. . . ��j•� "� i---� �'' .-,-3 ( )Renunciation(s)... . ..... �' � r_ . ( )Codicil(s). . . . . . .. .... . � � ( )Affidavit(s)... ._.. . ... . Bond.. . . .. . . . . . .. . .. .. ... ... Printed N me: John C.Oszustowicz Commission. . . ...... ... . . . .. . Supreme Court Other .._.. ... ID Number. 37076 � .�� -�', ,,�►„�-,r�� _, __. , �S. Firm Name: ��'���of John C.Oszustowicz ��i� �^�`rp U '"' '"' '' � S'� Addl'CSS: 1(ld Q AannvPr Rt .i Y6 • •••--•- ('arli �PA17013 . .. . . . •- Phone: 717-243-7437 Automation Fee. .............. �j�� Fax: 717-258-8379 JCS Fee. . ..... ..... ... .. .. .. �;3•� Email: ��(��,�=t+clenalaw cim 'roTAL. .. . .. . .. ... . . .. .... . $ 233_ �:eA DECREE OF THE REGISTER Estate of Richard W Dutrev File No• °Z� ��`�'�—���P a/k/a: AND NOW, ��� �LL4 l�L� _,2d� ,in consideration of the foregoing Petition, satisfactory proof having been present efore me,IT IS DECREED that Letters'� P�1 LJ are hereby granted to in the above estate and(if applicable)that the instrument(s)dated ('�[Q�� '� 2���' described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Register of Wills� �� Form RW-02 rev.10/ll/201! Page 2 of 2 � j � '--, .^t3 c �' t�i r:� � � � �> p W -�°= W U) :.� LAST WILL AND TESTAMENT rn � c-� _� �, � �.. � �—+ �..y,y r�r f D` "� 4� ►-� '',� t' �F .� �' :� C-� <`� c�7 � -,, -r� C'� � � _,,,4 4.-� !J _.re �— _... RICHARD W. DUTREY � ��-= � �-_ �`� _ �� �_j ,._._ r-r2 "7 "� �� C!7 � ;.. Q� �i I, RICHARD W. DUTREY of Cumberland County Pennsylvania,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 all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and funeral expenses, including a suitable and proper grave site and grave marker, as soon as conveniently can be done following my decease. I direct that all State and Federal Transfer Inheritance T�, Estate T�, Succession Taxes any other tax, including any interest, assessments ar penalties thereon, that may become due and payable by virtue of my death, or by virtue of the passing of any property under my Last Will and Testament shall be paid by my estate,just as if such taxes were my debts, and no beneficiary shall be required to pay or refund any part thereof. SECOND I give and bequeath my tangible personal property to my wife, MARJORIE B. DUTREY. If my wife does not survive me, I give and bequeath certain items of my tangible personal property to those persons who are named in a memorandum which is signed by me and which can be found with this, my Last Will and Testament. The remaining items of tangible personal properry (excluding money, securities and the like) not set forth in my memorandum,or a11 of such articles if there is no memorandum found with this,my Last Will i , , and Testament, I give unto my children JOHN DUTREY and MARY ANN THEWLIS and my daughter-in-law LYNN DUTREY, in three (3) equal shares. If my children cannot agree on the distribution of such property, it sha11 be sold and the proceeds derived therefrom shall be added to my residuary estate. THIRD All the rest,residue and remainder of my estate of whatsoever nature and wheresoever situate, I give, devise and bequeath to my wife MARJORIE B. DUTREY if she survives me. If my wife does not survive me then I give, devise and bequeath the rest, residue and remainder of my estate as follows: 20%to my daughter in law, LYNN DUTREY; 20%to my son JOHN DUTREY; 20%to my daughter MARY ANN THEWLIS; and 8%to each of my five (5) grand children. If any of my children or my daughter in law do not survive me,his/her share shall lapse and his/her share shall be divided equally between my children and daughter in law who survive me. For example, if one of my children does not survive me,then my surviving child and my daughter in law shall each receive 30%of my residuary estate. If any of my five (5) grandchildren do not survive me,then his/her share shall lapse and his/her share shall be divided among my grandchildren who survive me. For example, if one(1) of my five (5) grandchildren does not survive me,then my surviving four(4) grandchildren shall each receive 10% of my residuary estate. FOURTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in his or her absolute discretion: 2 A. To retain in the form received, or to sell either at public or private sale any real or personal property; B. To exercise any options to subscribe for stocks,bonds or other investments; C. To join in any plan of lease,mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks,bonds or other securities; D. To sell,transfer, convey,mortgage,pledge, lease or exchange any property, including real estate, for the payment of debts or t�es, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his or her sole discretion,may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; E. To make settlements and compromises on such terms as my personal representative in his or her sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in his or her discretion may deem wise. FIFTH I do hereby nominate, constitute and appoint my wife, MARJORIE B. DUTREY,to act as Executrix, of this my Last Will and Testament. Provided, however,that if she is unwilling or unable to act as Execurix,I direct the duties of Executor, be performed by my son JOHN DUTREY. If my son JOHN DUTREY is unable or unwilling to serve as Executor, I direct the duties of Executor be performed by JOHN C. OSZUSTOWICZ. No bond sha11 be required for any Executor. 3 IN WITNESS WHEREOF, I ha�e hereunto set my hand and seal this LO�day of (�c�V e�rm1�� ,2012. RIC W. DUTREY Signed, sealed, published, acknowledged and declared by the above-named Testator, RICHARD W. DUTREY, as and for his Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other,have hereunto subscribed our names as witnesses thereto. � , •� _�.....� � ;l'",.', ,o of l�1 �.v. .f�,,� ��- ��v�,�, 1�i�oi3 -��--�=---r � � �� p f 5 i� /ti'�o.���a�.,J `� ��). �r..�� � i7G�7 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) � 4 , t I, RICHARD W. DUTREY, Testator, who signed the foregoing instrument, having been duly qualified according to law, aclrnowledge that I signed and executed the instrument as my free and voluntary act for the purposes therein containe : � '�-- � RICHARD W. D T'REY Sworn to or affirmed and acknowledged before me by RICHARD W. DUTREY, the Testator,this �O�day Of �QU �y1h2�i� ,ZO12. COMMONWEALTH OF PENNSYLVANIA — Notarial Seal Y ' � � � T Kimberly R.Leo,Notary Public J`.,v Carllsle Boro,Cumberland County NO�Ty PUbI1C My Commission Expires Oct.10,2013 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw Testator sign and execute the instrument as his Last Will and Testament; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed;that each of us in his sight and hearing signed the Will as witnesses; that Testator is known to each of us; and that to the best of our knowledge and observation the Testator was at the time of sound mind and under no constraint or undue influence. � , �_ _..... , :, ;1 '' l Sworn to or afFrmed and subscribed to before me by�QJa� C O SZ.(�S�o l�_I i C Z and QO�U�c� k MP�2 wimesses, this 71�day of �1O Ve►�y-,(r,P� ,2012. � � Notary Public t�:;`^. ✓lti��'f_.ii�atf�li �Y_�V�1�'��,i`i6=�;'?:ri .............._.____._..._._.�.__.�..__..___.....,._...__._.__._____ ' tUoG3rial5ea! i � � �i�-��e,r1y�2.Leo,Notary�dthlic !, i�ariFslc:tioro,Cumberfand County ' _"rv Ccmmsssian F.�pEres Oct.10,�013 � __._.___.__ _. , 5