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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND_ COUNTY, PENNSYLVANIA
Petitioner(s)named below,who islare 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:
Scot Fraser Kirk
Decedent's information
Name: Beatrice A.Kirk File No: 21.14—
a/k/a:
{Assigned by Register}
aikla:
alk/a: Social Security No:
Date of Death: 04129/2014 Age at Death: 92
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 318 Manchester Road,Camp Hill 17011 Lower Allen Cumberland
Street address,Post office and Zip Code City,Township or Borough County
Decedent died at Harrisburg Hospital Harrisburg Dauphin PA
Street address,Post Office and zip Code City,Tmmship or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsy lvania...................... All personal property - $ 200 000.00
ffnot domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate In Pennsylvania......................................................---...... $ 140,000.00
TOTAL ESTIMATED VALUE $ 340,000.00
Real estate in Pennsylvania situated at 318 Manchester Road,Camp Hill 17011 Lower Allen Cumberland
(Attach additional sheets,d necessary.)
Street address,Post Office and Zip Code C @y,Township or Borough County
®A. Petition for Probate and Grant of Letters Testamerru
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 06125/2009 and Codicil(s)
thereto dated
NIA
State relevant circumstances(ed,,renunciation,death of executor,etc.j
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(Md not have aa�pd born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. O c- -Z7
®NO EXCEPTIONS Q EXCEPTIONS to '�y- '-� rri
2 C'7 O
❑ B. Petition for Grant of Letters of Administration (If r^ :U
Ct.a.,d.on.,d.b.n.c.t.a.,pedente ttt€rfIF nte`_Ebserttia:Yurantegh l, te
If Administration,c.ta or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. b t„} T. "� b
Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce hadlse n
6f�e.tLblis as da�,'fin
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. O C
a
NO EXCEPTIONS [J EXCEPTIONS
Petitioner(s),after a proper search hasthave ascertained that Decedent left no Will and was survived by the foaving spouse itgny) �,etrs(attach
additional sheets,ifnecessary): -L
Name Relationship Address
Form RW-02 rev.fait-soft Copyright(c)2011 form software only The Lackner Grove,Ins. Page 1 of 2
Oath of Personal Representative official Use only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Scot Fraser Kirk 318 Manchester Road
Camp Hill,PA 17011
The Petitioner(s)above-named swear(s)or affirm(s)the statements In the fo oing Pe ition are true and correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of the De t, r( ) ' ell and truly administer the estate actor ling to law.
Sworn tg. j rmed and subscribed before, i Date
me thirs�"1—'-/-'day of 1 l.+ Dace
By: rt 11 Re_�l/ .'v Date
Fortire Register pate
BOND Required? ❑ YES ❑X NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters..................................---- $--�il�d� Attorney
S natu
)Short Certlficate(s).... .. -6
)Renunciation(s)_..._.....- g j
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Wayne M Pecht Esq. M a �
Bond............................................. co
Supreme Court rr't z C> -c --j Cr
Commission.................................. ID Number: 38904 x,. r" E2
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Other ( ( 15
t,nil tS 15 C' o
Firm Name: Pecht&Associates P.C9 =0
vvraq Y04FY) 1.F5 Address: 650 North Twelfth St. C '*t
Suite 100
Lemoyne,PA 17043 y O -r1
Phone: 717.691-9808
Automation Fee............................
Fax:
JCS Fee....._.........._...............
._.. ,x..3, E-mail: wpecht@pechtlaw.com
TOTAL............ ......................._ $ "tY7O�r"1 C�
DEGREE OF THE REGISTER
Date of Death: 04/2912014
Social Security No:
Estate of Beatrice A.Kirk File No: 21-14 - 451
alkla:
AND NOW, CI 1 ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Scot Fraser Kirk
in the above estate and(if applicable)that the instrument(s)dated 06/2512009
described in the Petition be admitted to probate and filed of record as th ast Will(a d Co Ills))of Decedent.
R i ter of Wil
Copyright u)2011 iorm software only 7 e Lackner G= Inc.01� Page 2 of 2
RECORDED OFFICE OF
REGISTER 01- WILLS
Last Will andjotagngm tj os
OF CLERK OF
ORPHANS' COURT
BEATRICX*tK11MiD CO., PA
I,Beatrice A.Kirk,of Camp Hill,Pennsylvania,do make,publish and declare this to be my
Last Will and Testament,hereby revoking all Wills and Codicils by me heretofore made.
ITEM 1: Family Information. I am not married. I have four children: Scot Fraser
Kirk(born October 11, 1951),Mark Stevenson Kirk(born April 2, 1955),Neal Smith Kirk(born
September 6, 1959), and Bobette Jayne Shuey (born September 14, 1942). These and any other
children born to or adopted by my husband and me are described in this Will as"my children",or as
"a child of mine". Any person born to or adopted by a child of mine is referenced in this Will as my
issue. Provided,however,no adopted person shall benefit under this Will unless the order or decree
of adoption is entered before the adopted person attains the age of twenty-one (2 1)years.
ITEM 11: Death Taxes. I direct that all inheritance and estate taxes becoming due by
reason of my death,whether payable by my estate or by any recipient of any property,shall be paid
by the Executor,out of the residue of my estate, as an expense and cost of administration of my
estate,except that no taxes shall be charged against any gift qualifying for the marital or charitable
deduction in my estate. The Executor shall have no duty or obligation to obtain reimbursement for
any such tax so paid,even though on proceeds of insurance or other property not passing under this
Will.
ITEM III: Debts and Final Expenses. I direct the Executor to pay the expenses of my last
illness and funeral expenses from the residue of my estate as an expense and cost of administration
of my estate.
ITEM IV: Tangible Personal Proyeriv. I give all my tangible personal property,
including but not limited to,all of my household furniture and furnishings,books,pictures,jewelry,
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silverware, automobiles, wearing apparel and all other articles of household or personal use or
adornment and all policies of insurance thereon to my children,Scot Fraser Kirk,Mark Stevenson
Kirk,Neal Smith Kirk,and Babette Jayne Shuey,in equal shares,per capita to he divided among
them as they shall agree,provided they survive me by thirty(30)days. If any of my children fail to
survive me by thirty (30) days, their share shall be distributed in equal shares shall among my
surviving children,per capita,as they shall agree. Should there be no agreement,the Executor shall
divide this property among them in as nearly equal portions as the Executor deems appropriate,
having due regard to the personal preferences of my children. I may leave a written Iist in my safe
deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor
shall dispose of items of my tangible personal property as specified in the written list. If no written
list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty
(30)days after the probate of my Will, it shall be presumed that there is no other statement or list.
Any subsequently discovered Iist shall be ignored.
ITEM V: Real Estate. I hereby give,devise,and bequeath my residence,situate at 318
Manchester Road,Camp Hill,Pennsylvania,to my son Scot Fraser Kirk for a term of five(5)years
beginning on the date of my death. Upon the expiration of said five(5)year term or upon the sooner
death of my son Scot Fraser Kirk,the said real estate shall pass to my children,Scot Fraser Kirk,
Mark Stevenson Kirk, Neal Smith Kirk, and Bobette Jayne Shuey, or the survivors of them in
equal shares, as joint tenants with the right of survivorship.
ITEM VI: Residue. I give the residue of my estate, not disposed of in the preceding
portions of this Will to my children, Scot Fraser Kirk,Mark Stevenson Kirk,Neal Smith Kirk,
and Bobette Jayne Shuey,or the survivors of them in equal shares,per capita,provided they survive
me by thirty (30) days. If any of my children fail to survive me by thirty (30) days, their share or
shares shall be distributed in equal shares among my surviving children,per capita.
ITEM VII: Administrative Powers. In addition to the powers granted at law,the Executor
shall possess the following powers,each of which shall be construed broadly and may be exercised
without court approval, but in a fiduciary capacity only:
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A. To retain any investments I have at my death, including specifically
those consisting of stock of any bank even if I have named that bank as the Executor.
B. To vary investments, to make loans, and to invest in bonds, stocks,
notes,real estate mortgages or other securities or in other property,real or personal,
without being restricted to so-called"legal investments", and without being limited
by any statute or rule of law regarding investments by fiduciaries.
C. The Executor is authorized to divide and distribute personal property
and real property, partly or wholly in kind, and to allocate specific assets among
beneficiaries so long as the total market value of each share is not affected by the
division,distribution or allocation in kind. The Executor is authorized to make,join
in and consummate partitions of lands,voluntarily or involuntarily,including giving
of mutual deeds,or other obligations,with as wide powers as an individual owner in
fee simple.
D. To sell either at public or private sale real and personal property
severally or in conjunction with other persons,and to consummate sale(s)by deed(s)
or other instrument(s)to the purchaser(s),conveying a fee simple title. No purchaser
shall be obligated to see to the application of the purchase money or to make inquiry
into the validity of any sale(s). The Executor is authorized to execute,acknowledge
and deliver deeds,assignments,options or other writings as necessary or convenient
to any of the power conferred upon the Executor.
E. To mortgage real estate, and to make leases of real estate.
F. To borrow money from any person, including the Executor, to pay
indebtedness of mine or of my estate, expenses of administration or inheritance,
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legacy, estate and other taxes, and to assign and pledge assets of my estate
established by this Will.
G. To pay all costs,taxes,expenses and charges in connection with the
administration of my estate established under this Will.
H. To make distributions of income and of principal to the proper
beneficiaries,during the administration of my estate, with or without court order,in
such manner and in such amounts as the Executor deems prudent and appropriate.
I. To vote shares of stock which form a part of my estate established
under this Will, and to exercise all the powers incident to the ownership of stock.
J. To unite with other owners ofproperty similar to property in my estate
to carry out plans for the reorganization of any company whose securities form a part
of my estate.
K. To disclaim any interest in property which would devolve to me or my
estate by whatever means, including but not limited to the following means: as
beneficiary under a will, as an appointee under the exercise of a power of
appointment, as a person entitled to take by intestacy, as a donee of an inter vivos
transfer, and as a donee under a third-party beneficiary contract.
L. To prepare, execute and file tax returns of any type required by
applicable law,including but not limited to filing a joint tax return with my surviving
spouse, and to make all tax elections authorized by law.
M. To employ custodians of property, investment or business advisors,
accountants and attorneys as the Executor deems appropriate, and to compensate
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these persons from assets of my estate or trust,without affecting the compensation to
which the Executor is entitled.
N. To allocate administrative expenses to income or to principal, as the
Executor deems appropriate. However,no allocation to income shall be made if the
effect of the allocation is to cause a reduction in the amount of any estate tax marital
deduction or estate tax charitable deduction.
O. To make any adjustment to basis authorized by law,including,but not
limited to increasing the basis of any property included in my estate,whether or not
passing under this Will,by allocating any amount by which the bases of assets may
be increased. The Executor shall be under no duty and shall not be required to
allocate basis increase exclusively,primarily,or at all to assets which pass as part of
my probate estate as opposed to other property for which a basis adjustment is
allowable. The Executor shall allocate basis increase equitably among those
beneficiaries receiving property as a result of my death,but shall not be liable to any
person, nor subject to removal or surcharge, for any reasonable allocation of basis
increase.
P. To compromise claims.
To do all other acts in his or her judgment necessary or desirable for the proper and
advantageous management,investment and distribution of the estate established under this Will.
ITEM VIII: Survival. Any person who has died within thirty(30)days after my death,or
under such circumstances that the order of our deaths cannot be established by proof, shall be
deemed to have predeceased me. Any person(other than myself)who has died at the same time as
any beneficiary under this Will, or in a common disaster with that beneficiary, or under such
circumstances that the order of deaths cannot be established by proof, shall be deemed to have
predeceased that beneficiary.
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ITEM IX: Executors. I make the following provisions with respect to Executors:
A. I appoint my son Scot Fraser Kirk, of Dillsburg, Cumberland
County, Pennsylvania, to be the Executor of my Estate. In the event that my son,
Scot Fraser Kirk is unable or refuses to serve as Executor of my estate,I appoint my
son Neal Smith Kirk of New Cumberland,Pennsylvania,to serve as Executor of my
estate.
B. The Executor shall have the right to receive reasonable compensation
for services rendered and reimbursement for reasonable expenses.
C. No Executor shall be liable or accountable for any loss that may result
from the good faith exercise of the authority granted in this Will.
D. The Executor is specifically relieved from the duty of filing bond or
entering security.
IN WITNESS WHEREOF,I have set my hand and seal to this,my Last Will and Testament,
consisting of this and the preceding five (5)pages this/, day of June 2009.
Beatrice A. Kirk
SIGNED,SEALED,PUBLISHED and DECLARED by Beatrice A.Kirk,the above named Testatrix,
as and for her Last Will and Testament,in the presence of us,who,at her request and in her presence,
and in the pr ence of ch other,have hereunto subscribed our names as witnesses.
Residence �}
Residence J lrf ha ,;cs
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND ! .
We, Beatrice A. Kirk, W"he-, }�,,��,� and C�U ulec
Testatrix and witnesses,respectively,whose names are signed to the attached and foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as her last will and that she had signed willingly,and that she executed it as her
free and voluntary act for the purpose therein expressed,and that each of the witnesses,in the presence
and hearing of the Testatrix,signed the Will as witnesses and that to the best of his/her knowledge the
Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or
undue influence. _ )
Beatrice A. Kirk
Testatrix
wilress
C a �
Witness
Subscribed and sworn to and acknowledged before me by Beatrice A.Kirk the Testatrix,and
subscribed and gw m to before me by (,.t n k�" 4r) __ and
n V K witnesses,on this day of June 2009.
AMMONWEALTH OF PENNSYLVANIA
NDTARIAL SEAL
Lori A. Backenstoes-Notary Public No ^uy Public
Lower Allen Two.,Cumberland Cqunty
MY COMMISSION EXPIRES OCT. 14,2011
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REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
No. 2014- 00451 PA No. 21- 14- 0451
Estate Of: BEATRICEA KIRK
(First Middle.Lest)
Late Of: LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
0 Deceased
Social Security No:
WHEREAS, on the 9th day of May 2014 an instrument dated
June 25th 2009 was admitted to probate as the last will of
BEATRICE KIRK
(First,Middle,Lese
late of LOWERALLEN TOWNSHIP, CUMBERLAND County,
who died on the 29th day of April 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 TESTAMENTARY to:
SCOT F KIRK
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 9th day of May 2014.
Register of r6
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