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HomeMy WebLinkAbout05-21-14 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 raquasi(s)the grant of Letters in the appropriate form: Barbara Ann Sweltzer Decedent's Information i '{/�'��� Name: Blaine W.Sweitzer File No: 21-14 -�- 11_� a/ /a: (Assigned by Register) all atli Social Security No: Date of Death: 04/0912014 Age at Death: 94 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 194 North Middlesex Road,Carlisle 17813 Middlesex Township Cumberland Steel address,Post Ottse and Zip Code City,Township or Borough County Decedent died at Pinnacle Health System-Harrisburg 17101 Harrisburg Dauphin PA Street address,Post Once and Zip Code City,Township or Boough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 25 000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania......—........... ...........— $ TOTAL ESTIMATED VALUE $ 28,000.00 Real estate in Pennsylvania situated at (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 Te t mentary Petitioner(s)evens)that hetshelthey is/are the Executor{s)named in the Last Will of the Decedent,dated 0812811997 and Codcil(s) thereto dated state relevant circumstances(e.g.,renunciation,death of executor,etc) Except as follows:after the execution of the instruments)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, ®NO EXCEPTIONS ❑ EXCEPTIONS 0 B. Petition for Grant of Letters of Administration (If applicable) c.t a.,d.b.n.,d.b.n.c,I.a.,pedente life,durante absentia.durance minoritate If Administration,c.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and complete list of heir . Except as follows:Decedent was not a party to pending divorce proceedin 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(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Form RIV-02 rev 10-11-2011 Copyright(c)2011 form software only The Lackner Group,Ins, Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petflioner(s)Printed Name Petitioner{s)Printed Address Barbara Ann Sweflzer 194 North Middlesex Road Carlisle,PA 17013 717-243-6155 The Petitioner(s)above-named swears)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petifionar(s)and that,as Personal Representative(s)of a Depc'��dent,Petit r{s)wt!!well art truly ad fntster the estate according to few. Sworn��••nn...))��}} irmed and subscribed before-''1�,M�� , Z,�,.: �' "�y ' � �5�{¢¢,L�y�� Date me thts�l15 ay of 5 - Oat. By: r U r �t..V1. .M� trjV1'_"+ Date For Me Reglster Date BOND Required? ❑ YES O NO To the Register of Wills: FEES: Please enter my appearance_bymy signature below: Letters_........ ............. $ 60.00 Attorney Signatures { 3 )Short Certificate(s)......... 15.00 ( )Renunciation(s).............. ( )Codicil(s)........................ Affidavits Printed Name: Robert C.Saidis Bond............ ............................... Supreme Court Commission........ .................. to Number: 21458 Other Will 15.00 Inheritance Tax Return 16.00 Firm Name: _Saidis Sullivan&Rogers Inventory 15.00 Address: 26 W.High Street Carlisle,PA 17013 Phone: (717)243.6222 Automation Fee............................ 5.00 Fax: (717)243.6486 JCSFee....................................... 23.50 TOTAL........_..,........ 148.50 E-mail: rsaidis @ssr•attorneys.com DECREE OF THE REGISTER Date of Death: 04/09/2014 Social Security No: Estate of Blaine W.Sweitzer File No: 21.14 - WiT aikfa: AND NO ,in consideration of the foregoing Petition, satisfactory proof having been presoted before me,IT IS DECREED that Letters Testamentary are hereby granted to Barbara Ann Sweitzer in the above estate and(if applicable)that the instrument(s)dated 08726/1997 described in the Petition be admitted to probate and filed of record as the I t Will(and Codicils) f Decedent. .q� V, el s rof Wills I r{TP Copyrigh c 0 1 form software only The Lackner Group.Im. '^' `� Pag.2&2 LAST WILL AND TESTAMENT OF BLAINE W. SWEITZER I, BLAINE W. SWEITZER, Social Security Number of the State of Pennsylvania, declare that this is my LAST WILL AND TESTAMENT and I revoke all other wills and codicils previously made by me. FIRST: I appoint my Wife, BARBARA N. SWEITZER, as my Personal Representative concerning this Will . ' If she is unable or fails to serve, I then appoint my daughter, SALLY K. TOUREA to serve as my Personal Representative. a. I request that my Personal Representative be permitted to serve without bond or surety thereon and without the intervention of any court, except as required by law. I direct that my Personal Representative act in unsupervised administration so as to administer my estate with a minimum of court supervision. If it becomes necessary to have ancillary administration of my estate in any jurisdiction where my Personal Representative is unable or does not desire to qualify as ancillary legal representative, I appoint as such ancillary legal c ` representative such individual or corporation as my Personal Representative shall designate, in writing. b. I direct my Personal Representative to pay the expenses of my last illness; the expenses of a funeral appropriate to my station in life and custom of living (including a suitable monument or 'marker for my grave) , and written charitable pledges which I have made. I grant my Personal Representative the power to extend or renew any debt for such time as my Personal Representative shall deem appropriate . c. All estate, inheritance, succession and other death taxes with respect to all property passing under this my Will shall be paid from and borne by 'the principal of my residuary estate, without regard to reimbursement, as if such taxes were administration expenses. My Personal Representative may pay such taxes at any time deemed advisable, whether or not then due and payable . d. My Personal Representative is requested to settle my estate as soon after my death as may be practicable, and to pay or deliver every legacy or bequest to my beneficiaries without waiting any time that may be believed to be customary in probate matters . e. I have served in the Armed Forces of the United States. Therefore, I direct my Personal Representative to consult with a Legal Assistance Attorney at the nearest military installation and with the PAGE 1 OF 4 PAGES Department of Veterans Affairs and the Social Security Administration to ascertain if there are any benefits to which my family members are entitled by virtue of my military service. f. I may leave a letter of intent with the executed copy of this Will for the purpose of giving guidance to my Personal Representative concerning the distribution or sale of certain items of my property. I request, but do not require, that my Personal Representative honor my wishes therein expressed. SECOND: I give, devise and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, to my Wife, BARBARA ANN SWEITZER, as her sole and absolute property if she shall survive me. THIRD: In the event that my Wife, BARBARA ANN SWEITZER shall not survive me, I give, devise and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, to my children, DALE B . SWEITZER, SALLY K. TOVREA, STEPHEN D. SWEITZER, MIGNON PYSELL, and THOMAS M. KELLY, or to the . survivor, in shares of substantially equal value, to be divided as they may agree. If they are unable to agree, the division shall be made by my Personal Representative, in that person' s sole and absolute discretion. I empower my Personal Representative to sell any or all of such property, if such property is not distributed in kind hereunder, and to distribute the proceeds among the persons named in this paragraph, or the survivor, in substantially equal shares. Any determination of my Personal Representative as to what should pass or be sold under this paragraph and to whom it should pass or be delivered or at what price it should be sold shall be conclusive . FOURTH: Except as otherwise provided in this Will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not . Insofar as I have failed to provide in this Will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake . FIFTH: Any beneficiary who fails to survive until one hundred twenty (120) hours after my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be disposed of accordingly. I PAGE 2 -61b�f je,4 OF 4 PAGES SIXTH: Definitions : a. The term "children" as used in this Will includes adopted and afterborn persons . The term "children". as used in this Will shall also include step-children, the natural born or adopted children of a person' s spouse who are not the natural born or adopted children of the person. A relationship by or through legal adoption shall be treated the same as a relationship by or through blood for purpose of succession to property under this Will . b. The term "descendants" as used in this will means the immediate and remote lawful, lineal descendants 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. The term "Personal Representative" as used in this Will means Executor, Executrix, Independent Executor, or any other title of like import which is used to describe such a fiduciary. SEVENTH: In addition to any powers granted by the laws of the state in which this Will is probated, I hereby authorize and empower the fiduciaries named in this Will, to the extent of the discretion herein granted, to sell, exchange, convey, transfer, assign, mortgage, pledge, lease or rent the whole or any part of my real or personal estate, to invest, reinvest, or retain investments of my estate, to perform all acts and to execute all documents which my fiduciaries may deem necessary or proper in regard to my property. If any of my fiduciaries elect to receive compensation for services, such compensation will be that allowed by law. EIGHTH: If any part of this Will shall be invalid, illegal, or inoperative for any reason, it is my intention that the remaining parts, so far as possible and reasonable, shall be effective and fully operative. My Personal Representative may seek and obtain court instructions for the purpose of carrying out as nearly as may be possible the intention of this Will as shown by the terms hereof, including any terms held invalid, illegal, or inoperative. J/ PAGE 3 OF 4 PAGES IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this jk!i day of _L _ , 1997, set my hand and seal to this my LAST WILL TESTAMENT, consisting of 4 typewritten pages, each page bearing my handwritten signature. This document was prepared under the authority of 10 U.S.C. section 1044 , and implementing military regulations and instructions, by Captain John T. Rothwell, who is licensed to practice law in the State of Arkansas. INE W. 4RAt'-(SEAL) The foregoing instrument was, at Carlisle Barracks, Pennsylvania, this c2�1 day of .ii- , 1997, signed, sealed, published and declared by BLAZNE W SWEITZER, the testator, to be his LAST WILL AND TESTAMENT in the presence of all of us at one time, and at the same time we, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and we do so verily believe that the said testator is of sound and disposing mind and memory at the date hereof . Soc .Sec.No. Soc .Sec.No Soc.Sec.No. OF Ae c . OF c e � I� 1e— OF , ar3e 17,204f PAGE 4 OF 4 PAGES <S�_ COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY ACKNOWLEDGMENT T, BLAINE W. SWEITZER, testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expres ed. (SEAL) OnTmvW. SWEITZE AFFIDAV�I/T r� r� We, SH_ 1"1 6 ut.s Keen ! "Darew/�+�� and 6V/Jlig& n/ A!:,4�R/G� . the witnesses, sign our names to this instrument, 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 the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or un ue influence. Witness/ Witness Witness Subscribed, sworn to and acknowledged before me by BLAINE W. SWEITZER, the testator, and subscribed and sworn to before me by tf SK((Zu9f Mt( A+JcNGT� , W l - -F�dY?K 3d/� , and Gs171I//A.y �.91k' LkleIC� the witnesses, this �7G day of � Cg 19 97lSo NO ARY PUBLIC 0 My Commission Expires; Notarial Seal Betty R.Standridgs:Notary Public Carlisle Bore.Cumberland County My Commission Expires May 14.2007 Member Pennsylvania Association of Notaries REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00495 PA No. 21- 14- 0495 Estate Of: BLAINE W SWEITZER ffbst,Middle,WO Late Of: MIDDLESEX TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 219-03-9428 WHEREAS, on the 21st day of May 2014 an instrument dated August 26th 1997 was admitted to probate as the last will of BLAINE W SWEITZER tFest,Middle,testl late of MIDDLESEX TOWNSHIP, CUMBERLAND County, who died on the 9th 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 TESTAMENTARYto: BARBARA A SWEITZER who has duly qualified as EXECUTORtRIX1 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 21st day of May 2014. _ a � "Register o tts **NOTE** ALL NAMES ARnvp nnnPAn fm—,