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HomeMy WebLinkAbout04-29-14 i 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 �i_ I I' L j � �� Name: DUANE A. PETRO File No• `Y `1" � �a: (Assigned by Register) a/k/a: �a: Social Security No: __ Date of Death: 3/16/2014 Age at death: 4$ Decedent was domiciled at death in CUMBERLAND County, P�1 (State) with his/her Iast principal residence at 813 WEST KELLER STREET MECHANICSBURG CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough ��/ o �W� , County Decedent died at 813 WEST KELLER STREET MECHANICSBURG CUMBERLAND PA Streef address,Posi Office and Zip Code City,Towos6ip or Borough County State Estimate of value of decedent's property at dea[h: IjdomiciledinPennsyfvania................................All personal property $ 2�.�00.�0 Ijnot domici[ed in Pennsylvania.............................Personal property in Pennsylvania $ ljnot domiciled in Pennsy[vania.............................Personat property in County $ Value of rea!estate in Pennsylvania.............................................................. $ 100.000.00 TOTAL ESTIMATED VALUE.... $ �ZO.00O.00 Real estate in Pennsylvania situated at: 813 W. KELLER STREET MECHANICSBURG CUMBERLAND (Altach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 5/24/1988 and Codicil(s) thereto dated State relevant cinumstances(eg.�enunciation,dealh ojececutor,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 bom 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 app►icable) c.t.a.,d.b.n.,d.b.n.c.t.a.,penderrte lite,�lurante absentra,durante minorrtate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and cou�plete list o�irs. � C --� � fTl Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorca,,,�ia�een estab�ed as�fi�9d in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.rn -p � � � ❑ NO EXCEPTIONS ❑EXCEPTIONS =� � r" r���;.r_ .y, ;^+°— r'� (C� _;� fi7 Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the fo�lp�Wirig s_p�use(if any)an�he�rs(ot�ach additionalsheets,ifnecessary): c,� " `-' � C"7 �� -� �: � .y'1 �-- Name Relationship �A�ress -= � � � �—� �=R— r� --C � � __ _--- I; i _'—_ '—_— � £ Form RW-02 rev. 10/1/.�20/1 Pa e 1 of 2 � � g � S 1 -__ Oath of Personal Representative o����u5e o�y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address • 74 HONEYSUCKLE DRIVE DENICE . BROWN PORT DEPOSIT MD 21904 ���1 The Petitioner(s)above-named swear(s)or�rm(s)the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief of Petitior.er(s)and that,as°ersonal Representative(s)of the Decedent e Petitionec(s)will w and tru administer the estate according to Iaw � n Sworn to r�affirmed and ub crib d before� (� Date 7 �� me � d of � � � �'� / �-1�' /�-, Date By: l ' `C - ' � 1 Date For the Regrster Date BOND Required: ❑ YES � NO To the Register of�lls: FEES: Please enter my appearance by my signature below: --__--_ ___- ������' Letters...... . ............ . . .. $ Attorney Signature: ( )Short Certificates(s) ..... . ��L,�� ( � )Renunciation(s)...... . ... ( )Codicil(s) ............. . ( )�davit(s)....... ... .. . Bond Printed Name: R. MARK THOMAS, ESQUIRE Commission ................... . Supreme Court Other .... ,. ... ID Number: 41301 �Y_jl� � ..... . .. . ,�� -,�� Firm Name: R. MARK THOMAS. ESQUIRE :::::::: : ij ��, Address: 101 SOUTH MARKET STREET ����� ���� — MECHANICSBURG PA 17055 ... ... . .. Phone: ..... ... — Fax: Automation Fee ..... ......... ... `�"�9 � Email: JCS Fee ................ . . . .. .. _ ����� _ �---� TOTAL ..... ............... ..$ DECREE OF THE REGISTER Estate of DUANE A. PETRO File No: � � " '� - � �f� _ a/k/a: AND NOW, �/` �� G�� , ��� ,in c�ideration of the foregoing Petition, satisfactory proof having been pre ted efore me,IT IS-�CREED tha�etters IF'S C - `�C��C-� 2 _ are hereby granted to 7/�1"�I CP. � - �i'��L,i�/l � �� ���P-�������1— in the above estate and(if applicable)that the instrument(s)dated � T���i _ described in the Petition be admitted to pr ate and filed of record as e last Will(and Cod" il(s))of Decedent. �' � `��`�� _�i��-- - -- gister of Will � Form RW-02 rev.l0/l1�2011 �'�� ��� � � ��� ' � ������� : . . �, -. �f-/�� -� `��� : � . . Tf� LAST WILL AND TESTAMENT OF InJANE AI�N P�PRO Being of lawful age and sound and disposirig mind and memory and not acting under any duress, fraud, uridue influence or iridur.ement of any person, I, DUANE ALAN PEI'RO, a domiciliary of MEC�iANICSSUFtG, PIIQNSYLUANIA: ITET�I 1 Hereby make, publish, and declare this my last Will and Testament, revoking and rendering null and void other Wills arid codicils heretofore made by me. ITE�I 2 I direct that all of my just personal debts be paid fram my estate prior to distribution if the F�ecutor so desires, oth�ise such debts shall be apportioned to eaclz devisee and legatee aoor3rd'irig to his or her share. ,�T il.ess � otherwise specifically provided, debts secured by any property �jiall no�e � � required to be exonerated but shall pass with the property. � � � Grn,a o ITE�I 3 m � � � {J' a �--t � D � rv �-,� rn TESTATOR - The term "Testator" as used in this Will refers to � � er of � � ��. �� Will, whether male or female. � ra ,� "T� `n "'� c� � -n � -n �7L/�1rrY� �ry, c � c� J�[��,,L.V1VR - 111G t .� "�e..�-utcr" as •asa� in t�'�is j7i11 Y'2f2T5 to t�ie��ersorl� �"' ��rn � appoint to execute this Will, whether male or female. � � cri� „¢� s SURVIVAL - Whenever a provision of this Will conditions a beneficiary's taking by that beneficiary surviving the Testator, such condition of survival shall be construed as a condition precedent to the validity of the gift, devise or bequeath; and suclz condition shall be satisfied only upon survival by the beneficiary for a period of thirty days after the date of death of the Testator or until this Will is probated, whichever shall be the first to occur, unless expressly stated othezwise in a provision of this Will. DESCE[�TDAN'I'S - The term "Descendants" as used in this Will means the irrnnediate and remote lawful lineal descendants or offspring by blood or adoption of the person referred to who are in being at the time they must be ascertained in order to give effect to the reference to them. ,�,�C�cu._ CP . �J � PAGE ONE OF FIVE PAGES ��' � �. � � . , , PER STIRPES - The term "Fer Stirpes" as used in this Will means that whenever distribution is to be made per stirpes, the estate or portion of the estate, to be so distri.buted, shall be divided into as many shares as there are surviving heirs in the nearest dpgree of kinship to the decedent and deceased persons in the same degree of kinship wYio left issue who survive the dec-�edent. This degree of kinship shall be termed the root generation. Each surviving heir in the root generation shall take one full share. 'Those remainirig heirs, i.e. the surviving issue of the deceased persons in the root generation, shall take the share of their deceased ancestor in the root generation, such share beirig divided in the follaaing manner: eaGh survivirig issue shall take the fractional share that his or her inmiediate ancestor would have taken had he or she survived; arxl when there are two or more such surviving issue in the same degree of kinship they shall divide such fractional share equally among them. PER CAPITA - The term "Per Capita" as u_sed in this Will means that whenever distribution is to be made per capita, the estate or portion of the estate, to be so distributed, shall be divided into as many equal shares as there are suYViving issue, standirig in the same degree of kir�ship to the decedent. Distribution shall be made without reference to right of representation of the surviving issue. ISSUE - The term "Issue" as used in this Will means all persons who are descended from the person referred to, either by legitimate birth to or adoption by that person or any of that descendant's legitimately born or legally adopted desceridants. ITEM 4 I hereby give, davise a.�:d bec�wea}.h �l the rest, residue and remair.der of my said estate and property, of which I may die seized, and possessed, and to whiGh I may be entitled at the time of my death, of whatsoever kind and nature, and wheresoever it may be situated, be it real personal, or mixed, including any pawer of a�ointmP.nt that I may have, absolutely and in fee simple forever to: �F'�' J. PEIRO AND R06E M. PEPRO, OR TO TFiE SURVIVOR �OF. ITF�NI 5 In the event that the above beneficiaries shall not survive me, I hereby give, devise ar�cl beqixeath all the rest, residue and remainder of my said estate and property, of which I may die seized, and possessed, and to which I may be entitled at the time of my death, of whatsoever kind and nature, and wheresoever it may be situated, be it real personal, or mixed, including any pawer of appointmerit that I may have, absolutely and in fee simple forever to: DE[�TICE M. SROWN. PAGE TI�TO OF FIVE PAGFS �1C �' �J � ��� ��� ITE�I 6 In the event that the above beneficiaries shall not survive me, I hereby give, devise and beq�zeath all the rest, residue and remainder of my said estate and property, of which I may die seized, and possessed, and to which I may be entitled at the time of my death, of whatsoever kind and nature, and wheresoever it may be situated, be it real personal, or mixed, including any pawer of appointment that I may have, absolutely arid in fee simple forever to: F'rARE�1ICE I�ANIP,RCA. ITE�i 7 I hereby appoint ALBEF7I' J. PETRO as F;xecutor of my Will. If rny �ecutor fails to serve, or for any reason fails to continue to serve, I then appoint DII�IICE M. BROWN to serve as E�ecutor. ITF�'I 8 I designate my Executor to be an Iridepelxlent E�ecutor to the fullest extent permissible under the laws of the State of PE�iNSYLUANIA. I direct that no bond or other security be required. I further direct that no action be had in any court relative to the achninistration of my estate other than to prove and record this Will and to return an iriventory, appraisal arid list of claims of my estate. ITII�I 9 If any part of this Will, or any tnLSt hereby created, shall be invalid, iZlegal, or inaperative, for any reason, it is my inten*ion �.hat the remaining parts, so far as possible and reasonable, shall be effective and fully operative. My F�ecutor may seek and obtain court instructions for the purpose of carrying out as nearly as may be possible the intention of this Will shown by the terms hereof, including the term held invalid, illegal or inoperative. ITIIK 10 I have served in the Armed Forces of the United States. Therefore, I direct my �cecutor to consult the L�gal Assistance Officer at the nearest military installation to ascertain if there are any benefits to which my estate or my descendants are entitled by virtue of suclz service. Regardless of my military status at the time of my death, I direct my �ecutor to consult with the nearest Veteran's Ac�ninistration Office to ascertain if there are any benefits to which my survivors may be entitled. PAGE 'I�R2EE OF FIVE PAGF� ���R �' , n� �`S ���.t..�, ITII�! 11 I have made, or may fram titt� to ti.m�e make, a written memorandLUn expressing my desire to give certain items of personal property to specific persons. I un�e my �ecutor and beneficiaries to respec,�t these wishes. Such a memorand�n, if made, shall be stored in conjunction with this Will. IN WITNESS Wf�FtEOF I have hereunto set my hand and seal in the presence of the wi whose names a hereafter, published this r� day of 19� ,.�,�.1,��'`� �. ��f{�NE_�P,I�AN P�IRO �J � �� (SEAL) �.F'..w.. ATl�'�S"PATION On this � day of �,� 19�, DUANE AIAN PETRO, the Testator, personally Published and Declared the foregoing Last Will and Testament, in the presence of eaah of us arid all of us together, who, at the Testator's request, personally witnessed the Testator Sign and Seal the same. We then, at the Testator's request, and in the presence of the Testator and of each other, also signed each page of the said docimient as witnesses. We further state th.at each of us believes that at the time the Testator ea�ecuted the foregoing instn�nent said Testator was of sound mind and memory, of lawful age, and did so execute it as a free act and deed and not under the unlawful influence of any person. ��� � �`�'x �: �P l� �� �oX ss�: �/� -- -sc9- 9�y� � ��S:�� ��1� �rd ,� ����,� �x ����, r�r�: �������� ss�rr: 38,�- �g- y��y F'E�2N1�NF,N'I' ADDRESS: I�S3 cJi c t c�i9NET /yA/rR/SON /"/L. '�J��6.ZS NAME:�.��-?n—/���. ���4�L SSAN: 4 C'�7--��- y y,/Z- F'ERMANII�''r ADDRFSS: C� t� .S�' '� N� , � j'}2 �-Q- f'j PAGE FOjJR OF FIVE PAGES �(��� �. �J�� ��� �.��' STATE OF TExAS ) ) C�OUNTY OF BELZ ) Before �, the undersigned authority, on this day personally appeared DUANE AI,AN PEI'RO, and ,��-� �a � ��h , �ON.9LD LEE SM/Tit� � d� l.�PS-�-o� F, . 1.J�iDS � ){110WT1 t0 Tll� to be the Testator and the witnesses, respec,-tively, whose names are subscribed to the annexed or foregoing instnmient in their respec.~tive capacities, arid all of said persons being by me duly sworn, the said Testator declared to me and to the said witnesses in my presence that said instnune.nt is the Testator's Last Will and Testament; willingly made and executed as a free act and deed for the purposes therein expressed; and the said witnesses, eac.h on his oath stated to me, in the presence and heari.ng of the said Testator that the said Testator had, upon execution of the said instn�ne.nt declared the same as suCh and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said Testator and at the Testator's request; and that the Testator was at that time eighteen years of age or aver or, being under such age, was or had been lawfully married or was then a member of the Armed Forces of the United States or of the Maritime Service arid was of sound mind; that eac.h of witnesses was then at least eighteen years of age. .�l.tiC,�'Q Ct • �" ��r Ct i� Iriitn�s � Witness � , ��-���� witness Subscribed and acl�aaledged before 1� the�s�id Testator, and subscribed and sworn to before me by the said �°� ��v�C , and �oN L� i rH and W e s kn� E,vJo�9S , witnesses, this ��( day of �- 19_. I, the uridersigned, do certify that I am at the date of this execut'on, a Cotrnnissioned Officer of the United States Army. �i/l�,t,Gt S�' cc�� ��- My c�miission expires: INDEFINITE; 10 USC 936, V.T.C.A. Civ. Prac. & Rem. Code Sec. 121.001. PAGE FIVE OF FIVE PAGES