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HomeMy WebLinkAbout03-11-14 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 fallowing and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information / f Name: JAMES H.LOVETT File No:_ / 7 a/k/a: JAMES HENRY LOVETT (Assigned by Register) a/k/a: a/k/a: Date of Death: JANUARY 19 2014 Age at death: 90 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State)with his/her last principal residence at 210 BIG SPRING ROAD WEST PENNSBORO TOWNSHIP CUMBERLAND Street address,Post Office,and Zip Code City,Township or Borough County Decedent died at 210 BIG SPRING ROAD WEST PENNSBORO TOWNSHIP 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 $ 900,000.00 If not domiciled in Pennsylvania. .... .................. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ........ .............. Personal property in County $ Value of real estate in Pennsylvania-......... .................I. .............. $ 0.00 TOTAL ESTIMATED VALUE. ... $ 900.000.00 Real estate in Pennsylvania situated at: NONE (Attach additional sheets,it-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 6,2009 and Codicil(s) thereto dated {NONE) State relevant circumstances feg.renunciation,death ofececutor,eta) Except as follows:after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not divorced,was not aparty 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 both or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ©a NO EXCEPTIONS 0 EXCEPTIONS rl B. Petition for Grant of Letters of Administration (if applicable) at.a.,db.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,cd.a. or db.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.. ()NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifany)aad heirs(attach additional.sheets,ifnecessary): p. 7c Name Relationship Addres370 ♦L! £arm xw 02 rev.1011112011 Page 1 of 2 Oath of Personal Representative Official itse Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Panted Name Petitioner(s)Printed Address BRUCE J.LOVETT 1142 SOUTH FORGE ROAD.,PALMYRA PA 17078 The Petitioner(s)above-named swear(s)or aftinn(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 Representativo(s)of the Decedent,the Petitionert s/)will well and truly administer the estate according to law. Swam to Miirmed and a scr'bed be ore t ti — Date /1 f l me this ay f Date By: Date 't Register Date BOND Required: 0 YES (F) NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.. ..... ..... . .. . . .... . $ 610.00 Attorney Signature: ( 10)Short Certificate(s).. .... 50.00 ( )Renunciation(s).. . . . . . . . j/ ( )Codicil(s). .. .. .. .. .. .. (� ( )Affidavit(s).. . . . . . .. . . . —� Bond.. .. . ... .. .. .. .. Printed Name: EDGAR R.LUHN II Commission . . . . . .. . . . Supreme Court Other _. ..,. .. . [J�O ID Number: 72666 Firm Name: LAW OFFICE OF EDGAR R.LUHN III . .. . . .. . Address: 480 DOUBLING GAP ROAD Ac 66ai-) . . . . . . . . ,� NEWVILLF PENNSYLVANIA 17?41 (717)448-1204 . . ... .. . Phone: ° Automation Fee. . . . . Fax: (717)776-5207 ; JCS Fee. .. ..... Email: edluhnQaoI.corn L'D Xo• C">t:_ TOTAL— . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER �(/ ° Estate of JAMES H.LOVETT File No:!/-hT 0 `n a/k/a:JAMES HENRY LOVETT t / / AND NOW, `f�Oh A I 1 in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to BRUCE J. LOVETT in the above estate and(i£applicable)that the instrument(s)dated NOVEMBER 6 2009 described in the Petition be admitted to probate and filed of reco d as the last Will(and Codicil(s))of Decedent. gis er of Wilts r Form RW-02 rev.1011112011 Page 2 of 2 i� anth tJ rot awmt Of c� r ' . JAMES H. LOVETT came I, JAMES H. LOVETT, having my legal residence at 68 Spruce Circle, Newville, Cumberland County, Pennsylvania, do declare this to be my Last Will and Testament, revoking all my previous wills and codicils. This Will is designed to be a "pour-over" will into the Trust signed by me on even date herewith, that being the 6`" day of November, 2009, WITNESSETH: FIRST: I declare that my sons GREGORY A. LOVETT and BRUCE J. LOVETT are alive as of the date of this Will, and that all references to my children are to them. I further declare that I have a son JAMES S.. LOVETT, and that he is excluded from inheriting any money or property from my estate_, for reasons known to him and my other sons, and that I have provided for James during my lifetime, and those provisions shall be deemed sufficient. SECOND: I appoint my son, BRUCE J. LOVETT, to be the executor of my estate. In the event that my son, BRUCE J. LOVETT, is unable or unwilling to serve, or after being appointed as executor has become unable or unwilling to serve, I then appoint my son GREGORY A. LOVETT to serve as successor in his stead. A. No bond or undertaking shall be required of any Personal Representative (Executor, Co-Executor or successor executor) nominated in my will, THIRD: I give all of my property of whatever nature and kind and wherever located to my revocable living trust of which I am the Settler known as the JAMES H. LOVETT REVOCABLE LIVING TRUST, as amended and restated on November 6, 2009. A. If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative(s) under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust of the date of the execution of this Will. FOURTH: The term "death taxes," as used in my Will, shall mean all inheritance, estate, succession and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death including penalties and interest, but excluding the following: 1. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. 2. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. 3. Any federal or state tax imposed on a generation-skipping transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the generation-skipping transfer tax is payable directly out of the assets of my gross estate. A. Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from that trust. However, if that trust does not exist at the time of my death or if the assets of that trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the trustee from the assets of my probate estate by prorating and apportioning those taxes among the beneficiaries of this Will. B. Notwithstanding any other provision in my trust, all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. FIFTH: If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and that person or entity shall be deemed to have predeceased me. SIXTH: Should any of the provisions of my Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions shall be wholly disregarded in interpreting this Will. SEVENTH: This Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my last Will and Testament, on November 6, 2009. ti J#nes H. Lov tt Signed, published, and declared by JAMES H. LOVETT as his last Will, in the presence of us, who at the request of the testator and in the presence of each other, subscribe our names as witnesses. y Susan F. Luhn of Newville, Pennsylvania v�W a r'&t Robert B. Fry of New Pennsylvania Signed, sealed, published and declared by JAMES H. LOVETT, Testator, as and for his Will, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses hereto. Susan F. Luhn residing at Newville. PA Robert B. Fry residing at Newville. PA COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, JAMES H. LOVETT, Susan F. Luhn and Robert B. Fry, the Testator and the witnesses whose names are subscribed to the attached Will, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that he signed it willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of JAMES H. LOVETT signed the Will as witnesses; and that to the best of our knowledge he was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Witnesse Testator: Sworn and subscribed to before me, this i<,;F1 day of 2009. eA!lB�Jd1I(� } r ow"Poft �F�if ii:A�<a<.. �•Is� . O�IIMIw11M E�MM Apr t�.!p! REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00223 PA No. 21- 14- 0223 Estate Of: JAMESHLOVETT (F,v,Mitltlle,Last) a/k/a: JAMES HENRY LOVETT Late Of: WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: 036-18-6435 C c WHEREAS, on the 11th day of March 2014 an instrument ed a ?� November 6th 2009 was admitted to probate as the last wi W _-,o JAMES H LOVETT G I7 r lFirsp Mitltlle,Last) Ci , a/k/a JAMES HENRY LOVETT late of WEST PENNSBORO TOWNSHIP, CUMBERLAND County, who died on the 19th day of January 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: BRUCE J LOVETT who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 11th day of March 2014. p ,J14Q /Y( ate ster of, /lls ut **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)