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HomeMy WebLinkAbout03-27-14 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 following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: Mary Kathleen Fetter - File No: - a/k a: Mary H.Fetter (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: March 13.2014 Age at death: 99 Decedent was domiciled at death in Cumberland County, Pennsylvania (stale)with his/her last principal residence at 442 Walnut Bottom Road Carlisle Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Thomwald Home 442 Walnut Bottom Road 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 Pennsylvania.. .. . . . ... ... ... . .... .... ... All personal property $ 5,000.00 If not domiciled in Pennsy lvania. .... . .... . .... .... ..... Personal property in Pennsylvania $ If not domiciled in Pe nnsylvania. . ..... .... .... .... ..... Personal property in County $ Value of real estate in Pennsylvania... .... .... ... .... ...... .. ...... .... ... .... ... . ... .... ... $ TOTAL ESTIMATED VALUE. .. . $ 5.000 00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ® 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 May 29,2013 and Codicils) thereto dated 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(8),and did not have a child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS O EXCEPTIONS ® B. Petition for Grant of Letters of Administration (1f applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durance absentia,duranteminortate If Administration,c.t.a. or d.b.n.c.ta.,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. O NO EXCEPTIONS O EXCEPTIONS N Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following gpy use(if any)a eirs 9em{7h1 s additional sheets, if necessary): p 3 R7 Cm') Name Relationship Addressm r� r M 7� CJ o c.- q C rl r� (l1 Farm aw-02 rev. 101//120// Page 1 of 2 Oath of Personal Representative official Use only COMMONWEALTH OF PENNSYLVANIA I I SS: COUNTY OF CUMBERLAND I Petitioner(s)Printed Name Petitioner(s)Printed Address Darlene L.Cornman 934 Alexander Spring Road Carlisle PA 17015 Grant Hockenberry 513 Sand Bank Road,Mt.Holly Springs,PA 17065 The Petitioner(s)above-named swear(s)or affinn(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitionejs)and that,as Personal Representative(s)of the D dent,the Peti[io ter( will well and truly administer the estate actor ng to lap. Sworn to or affirmed and subscribed before &n✓YLd Date o�L a7 �� 1 � n^ - /me r Date 3 Hy � /Y \ Date For the Register G19-0 Date BOND Required: ® YES To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ .�V A4&--E Sint , ro Short Certificates o ( ) O. . . . . . M ( ) Renunciation(s).. . . . . . . . �,! � C>Codicil(s). . . . . . . . . . . . . — ( )Affidavit(s).. . . . . . . . . . . M S C-> Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Stephen D.Tiley 1' r'! � –O Commission. . . . . . . . . . . . . . . . . . Supreme Court > Cr '.0 Other . . . . . . . . ID Number: 32318 ^'`- '� -n f\ j� no fit 3 � n Firm Name: Frey and Tiley p C _� . . . . . f.�i Address: 5 South Hanover Street'__ r Carlisle PA 17011 , , . . . . Phone: (717)243-5838 Automation Fee. . . . . . . . . . . . . . . Fax: (717)2ytil1 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email fm sr'tPy�yt'I TOTAL. . . . . . . . . . . . . . . . . . . . . S t DECREE OF THE REGISTER Estate of Mary Kathleen Fetter File No: 121- l H -,?-a f a/k/a: AND NOW, mQJ Ch 9Y -, ,0()1 , in con-siid-eration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters 4N o YLl p-n4Q are hereby granted to�a f l9 { 0 L 0[3l'n W Cj in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filedoff reec&`o1rrd, as the last Will (and Codicil(s)) of Decedent. Register of Wills a , Farm RW-02 rev. 10111/1011 RECORDED OFFICE OF REGISTER OF WILLS OATH OF SUBSCRIBING WITNESS(N19 qflfl 27 PM 3 54 REGISTER OF WILLS CLERK OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT CUMBERLAND CO., PA Estate of Mary Kathleen Fetter,a/k/a Mary H. Fetter Deceased Stephen D.Tiley and Darlene L.Cornman (each) a subscribing witness to (Print Nameh) the®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 her/phis presence and in the�presence � of each other. (Signature) (Signature) 5 South Hanover Street 934 Alexander Spring Road (Street Address) (Street Address) Carlisle,PA 17013 Carlisle,PA 17015 (City,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 Brie this IP7 day before me this day of ffla f-d J (90H of Deputy for Regist&of Wills Notary'Public t My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration ofNolary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instruments)at time of notarization. Form RW-03 rev. 10.13.06 LAST WILL AND TESTAMENT OF MARY H. FETTER I, Mary H. Fetter, of 442 Walnut Bottom Road, Borough of Carlisle, Cumberland County, Pennsylvania 17013, 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 and Codicils heretofore made. FIRST I direct the payment of my just debts and funeral expenses as soon after my death as may be convenient. I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance ;. taxes, and generation-skipping transfer tax payable as a result of my death, not IRdited :6 to taxes attributable to property passing under this Will, shall be paid bp_n,y� Execrffor M c"', from my residuary estate, including any part of my residuary estate thaMerwisO N qualifies for a deduction for federal estate tax purposes. ° SECOND C°, o ° C> C_- w rrn' I declare that I am now the widow of Earl G. Fetter. I had one chi, Beverlt4. co 0 Boose, who has predeceased without issue. THIRD All 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 niece Darlene L. Cornman, of 934 Alexander Spring Road, Carlisle, Pennsylvania 17015, her heirs and assigns, provided my said niece shall survive me by a period of ninety (90) days. In the event that my said niece should predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event all 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 brother, Grant Hockenberry, of 513 Sand Bank Road, Mount Holly Springs, Pennsylvania 17065. FOURTH I hereby nominate, constitute and appoint my said niece, Darlene L. Cornman and my brother Grant Hockenberry, as Co-Executors of this my Last Will and Testament, or the successor or survivor alone as sole Executor or Executrix, as the case may be. 1 further direct that no bond or other security shall be required of any Executor or Executrix appointed in this Will for the performance of his, her or its duties in any jurisdiction in which he, she or it may be called upon to act. The terms Executor or Executrix may be used interchangeably in this Will and shall refer to any Executor or Executrix appointed in this will, or any other Administrator appointed by a court of competent jurisdiction. FIFTH In addition to, and not in limitation of, the powers conferred by law or by other provisions of this Will, my Co-Executors shall have the following powers, each of which may be exercised from time to time by my Co-Executors in their sole discretion: Last Will and Testament of Mary H.Fetter Page l of 2 (a) To retain in the form received, and to sell either at public or private sale, or to distribute in kind, any real or personal property. (b) To manage both real and personal property. (c) To invest and reinvest in all forms of property, notwithstanding the fact that any or all of the investments made are of a character or size which but for this expressed authority would not be considered proper for an Executrix. (d) To exercise any option or rights arising from the ownership of investments. (e) To compromise claims without court approval and without the consent of any beneficiary. (f) My Co-Executors shall have the power to make distributions in cash or in kind, or partly in each, in divided or undivided interests, and the power to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. (h) My Co-Executors shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries'judgment is incapacitated or disabled. The distributions or payments shall be made in any one or more of the following ways, at the discretion of my fiduciaries: (1) Directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the Guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; (6) to any other person who shall have the care and custody of the person of the beneficiary; or(7) to a needs trust or other such trust or such other trust designed to supplement, but not to supplant, any insurance, Federal, State, local or other assistance, or other benefits due the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. For purposes of this sub-paragraph, "minor" is defined to mean any person under the age of twenty-one (21). IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, written on two_(2) pagesay of May, 2013. Mary H. Fetter ) Signed, sealed, published, and declared by Mary H. Fetter, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Last Will and Testament of Mary H.Fetter Page 2 of 2