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HomeMy WebLinkAbout07-16-14 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 request(s)the grant of Letters in the appropriate form: Decedent's Information � " Name: Alice K.Smith File No: _21 -1q -1 pf lk.Y a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: July (a •2014 Age at death: 65 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 5525 Smith Road Mechanicsburg,PA 17050 Hampden Township Cumberland Street address,Post Office and Zip Code City,Township or Borough Ceunty Decedent died at 5525 Smith Road Mechanicsburg,PA 17050 Hampden Township Cumberland Pennsylvania 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 Pennsyl vania..... ... .... .... ...... ... ... All personal property $ 15�•� If not domiciled in Pennsylvania. .................... ... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ................... ... . Personal property in County $ Value ojreal estate in Pennsyl vania.. .... .. ... ... . .. . ... . ... ........... ....... .............. $ 275,000.00 TOTAL ESTIMATED VALUE. . .. $ Real estate in Pennsylvania situated at: 5525 Smith Road Mechanicsburg,PA 17050 Hampden Township Cumberland (Anach additional sheets,ijnecessary.) Street address,Post Office and Zip Code City,Township or Borough County ED A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)avers)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated June 2,2014 and Codicil(s) thereto dated N/A State relevant circumstances(eg.renunciation,death of mecutor,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. Q NO EXCEPTIONS O EXCEPTIONS ® B. Petition for Grant of Letters of Administration (Inapplicable) c.t.a., d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.ta. 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 Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(attach additional sheets,ijnecessary): Name Relationship Address 2 cr rn C 3 J r i f7i _ CD C as ii O 2 :r 0 1-r't D NO 7(z) . COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Carol Ramp 500 REDCO Drive,Enola,PA 17025 The Petitioner(s)above-named swears)or affirm(s)the statements in foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners)and that,as Personal Representative(s)of the Dece WthcPe i er(s) 'I well d truly administer the estate acco ding o law. Sworn to or affirmed and subscribed before Date y� � day' -Date B � Qt7.Q �(. Date For the R€glsrer Date BOND Required: Q YES Q NO To the Register of Wills: FEES: `` Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 10 Attorney Signature: )Short Certificate(s). . . . .. { )Renunciation(s).... . .. .. Y ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . ... . . . . ... . . . Printed Name: Robert G.Frey Commission. . . .. . ... . Supreme Court 4b3g7 Other . . . . . . . . ID Number: Firm Name: Frey&Tiley . . . . . . . . �� Address: 5 South Hanover Street . . . . . . . . Carlisle,PA 17013 Phone: 717-243-5838 Automation Fee. . . . .. . . Fax: 717-243-6441 ICS Fee. .... .... . . . . . . .... .. Email: rfrey @freytiley.com TOTAL. . . . . . . . . . . . . . . . . . . . . $t DECREE OF THE REGISTER. Estate of Alice K.Smith File No: atkta: AND NOW, -����( / 11� Z1-1—, in consideration of the foregoing Petition, satisfactory proof having bleen presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Carol Ramp in the above estate and(if applicable)that the instrument(s)dated ! described in the Petition be admitted to probate and filed of record as the I Wil Ind Codicil(s))of Decedent. Register of Wills LAST WILL AND TESTAMENT OF ALICE K.SMITH I, ALICE K. SMITH, widow, of 5550 Smitif Dr., Mechanicsburg, Cumberland County, Pennsylvania, 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 revokhtg and making void any and all Wills by me at any time hereofore made. 1. 1 direct my hereinafter-named Executor to,pay all of,my debts to which I am bound and the expenses of my funeral, last illness, and of the administration of my estate as soon after my death as may be found convenient to do so. 2.''] give and bequeath the sum of$10,000 to my great-grandson, DAVID BLAZER, 3. Provided that I am the owner of the same at the time of my death, I give, devise and bequeath to my grandson, Justin Blazer, the mobile home and lot of ground known as 5575 Smith Drive, Mechanicsburg, subject, however, to a life estate in favor of my brother, Lester Diehl. My said brother shall be responsible for all taxes, insurance and maintenance of the property. 3. All the rest, residue, and remainder of my estate, real, personal, or mixed, and wheresoever the same may be situate, I give, devise, and bequeath to my grandson, JUSTIN BLAZER, provided my said grandson shall survive me by a period of ninety (90) days. In the event that my said grandson 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:„ PC rsonal and mixed, and wheresoever the same may be situate, I give, devise anc@ ueath itr equal shares to such of my siblings as shall survive me by a period of ninety (90) dw- Ike,sha- c,- any deceased person would have received shall lapse and be added to the remair�t,:,,, e or ; = shares per stirpes. , c ca 4- Should any person less than 21 vears of ane,bc entitled to distributiort.frofxF,v estates in such event the share that person would otherwise have received shall be paid to m y"2u're a�f, /3C a named executor, in trust. I authorize the herein named trustee to receive and invest the samF' and to pay the income arising therefrom, together with so much of the principal thereof as in his or her opinion is necessary or desirable to be expended for the proper maintenance,support, and education of such person, to or for the benefit of such person, and upon such person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed income. 5. 1 hereby nominate, constitute, and appoint my friend, CAROL RAMP, as Executrix of this my Last Will and Testament, but should she predecease me or fail to qualify, then in such event I nominate, constitute, and appoint my brother, ROBERT E. DIEHL, as Executor, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 6. In addition to the powers conferred by law, my herein named Executors and Trustees are empowered: a.TO invest any part of the trust corpus in such securities, investments,or other-property as may be deemed advisable and proper, irrespective of whether the same are authorised for the investment Iof trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held,to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging, or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds,or other securities as an incident to the merger,consolidation or reorganization of such corporations; to pay all assessments,subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the Page 7 ' e y a- v proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of tine same into other securities or for the purchase of additional securities,and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds,and other securities,tine powers of all individual owner who is under trust obligation. c.To hold the trust corpus in one or more consolidated Funds in which separate shares shall have undivided interests. d.To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit,and upon such terms and conditions as shaft be deemed proper,any part or parts of the trust estate,and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase money arising therefrom. e.To keep on hand and uninvested such moneys as may be deemed proper and for such period as may be found expedient. f.To compromise,settle,or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in tine discharge of fiduciary duties,to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund,and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to Incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust,to make such division or distribution.either in cash or in kind,or partly in cash and partly in kind,as shall be deemed most expedient,and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares.and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. Authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or heated as principal to be retained as part of the corpus,and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on 3 pages,this 2nd day of June,2014. tt �cct /I/ S`n,�{SEAL} ALICE K. SMITH Page 2 ♦ p f' ♦y 4 •, .4, Signed, sealed, published acid declared, by ALICE K. SMITH, Cite Testatrix above named, as and for tier 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. COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND ) We,ALICE K. SMITH,theTestatrix herein,and t�it—� r, �Ct and �L�r,yam aO .-77J , the witnesses, to-the Last Will and Testient,the attached Wforegoino instrument ho have signed the instrument;having been duly qualified according to law do depose and say: a. that I,the Testatrix,do hereby acknowledge that I signed'and executed the instrument as my Last Will and Testament,that I signed it willingly and_ as my free and voluntary act for the purposes therein expressed; and y b. that we,the witnesses,were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament, that she signed it willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the List Will and Testament as a witness and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age,of sound mind and under no constraint or undue influence. '� u �> ALICE K. SMITH p f� 1 Subscribed, sworn to and acknowledged before me by the Testatrix and the witnesses above-named,this 2nd day of June,2414. Notary Public COMMONWEALTNOFPENNSYLVANIA NOTARIAL SEAL TR04AA.LtESS.Naiary Puft ammo dCaNata.CwomwWew V.PA My C0"Vr&gbn E)om May 20.2018 Page 3