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HomeMy WebLinkAbout07-29-14 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 respectfixlly request(s)the grant of Letters in the appropriate form: Decedent's Information n� � I f ' � y-�71� Name: DAVID W.DUERR File No: G `'� (J �V' 1 ��a: (Assigned by Register) a/k/a: a/k/a; Social Security No: 173- Date of Death: 06/O1/2014 Age at death: 85 Decedent was domiciled at death in CUMBERLAND County, PF.NNSYI.VANiA (sra�e�with his/her last principal residence at 12 CRANDLE DRIVE CARLISLE 17015 UPPER FRANKFORD TOWNSHIP CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 12 CRANDLE DRIVE CARLISLE 17015 UPPER FRANKFORD TOWNS�IIP CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of vaiue of decedent's property at death: If domiciled in Pennsylvania..... ...... ... ........ ...... All personal property $ 5,000.00 If nat damicrled in Pennsy/var.ia. . . ... .. ... ... ... . ... .. . Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . . ........ .. . ......... . 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 necessarv.) 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 OCTOBER 28,2004 and Codicil(s) thereto dated ii�\��'�r'-''v�^�;rRR I�TFI�nN T[1i Y 15,2005 - State relevant circumstances(e.g.renunciatian,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(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. O NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,�endente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,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 W ill and was survived by the following sp�ou}se(if any)anci:i�eirs(attach udditional sheets, if necessnry): C �'� � � ._ --i=� '.-�'�'-, � c.._ t=,-` _ -�; _� . _ Name Relationshi Address ��T'�; r" ��--a-i;:. -T 4�3 ZC�� " � i 7(,..' � � C.� v� � � �.r�,si � Form RW-02 rev. l0/ll/101/ 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 DUANE D.DUERR 1086 BENDERSVILLE-WENKSVILLE RD. ASPERS PA 17304 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Peritioner(s)and that,as Personal Representative(s)of the Deced t,the Petitioner s will well and truly administer the estate according to law. Sworn to f irmed and ubscribed before �-��K��..w�- Date ���9-/°/ me y of ,�?-„�-/ Date By� Date For the Registei� Date BOND Required: Q Y Q NO To the Register of Wills: -���. �3 FEES: Please enter my appearance by my sign�re,below:�-"T -_i.:`'"� �;, �� �'"C �- !,,_, ..J Letters . . . . . . . . . . . . . . . . . . . . . . $ 30.00 Attorney Signature: �'r't'r e 3—' " ?� ?7 �' ( 4 ) Short r'ertificate;s). . . . . . 20.00 � �� �� '_" r: �,p , ( ) Renunciation(s).. . . . . . . . E. '.' ,- . -- � )Codicil(s). . . . . . . . . . . . . l � �_ -� ; �:� C', r -_. -.... .,.. _�, Affidavit s �°=- ' ..... � . .. . . . . . . . . . . �4.. � r Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: DOUGLAS G.MILLER' `?'� � �" ' Commission. . . . . . . . . . . . . . . . . . Supreme Court �'' � - Other . . . . . . . . ID Number: 25476 WILL . . . . . . . . 15.00 INH TAX RETiJRN . . . . . . . . 15.00 Firm Name: IRWIN&McKMGHT,P.C. INVENTORY . . . . . . . . 15.00 Address: 60 WEST POMFRF.T STRF.F.T • • • � • • � • C'ARi.1Si.F. PA 17013 . . . . . . . Phone: (717)249-2353 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)249-6354 JCS Fee. . . . . . . . . . . . . . . . . . . . . 33.50 Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ 133.50 DECREE OF THE REGISTER Estate of DAVID W.DUERR File No: ��-_ ����� a/k/a: � I �/� ( � AND NOW, �.0 l. , <—V� -1 , in consideration of the foregoing Petition, satisfactory proof having been pres ted before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to DUANE D.DUERR in the above estate and(if applicable)that the instrument(s)dated __OCTOBER 28,2004 described in the Petition be admitted to probate and filed of re d as the last Will( nd Codicil(s))of Decedent. gister of Wil s �r Form RW-02 rev. 10/!l/3011 Page 2 Of 2 , � �.��_�.� �,.,x,..� �.� . .,�,�o����.�,-� �,.,� �, ��,�.,_.�.��. ,_ ��..� .�., ;�-� �� � ;t--; � LAST WILL AND TESTAMENT ._ rn , c �- r �:. = OF -- �� . ��.�'- �'�� �.r, `_,, . �c,r� . DAVID W. DUERR c-��% -° n � :__, �;.. C�?�:::, � ,--_ r�'�t I, David W. Duerr, a resident of the County of Cumberland, Commonwealth of Pen�sylvania�ein�" --��, at least eighteen (18) years old and of sound mind, willfully and voluntarily do make and declare�His to be my Last Will Testament, and I revoke all my prior Wills and Codicils. FIRST: Declaration Concerning Family. I declare that I am married and that my wife's name is Genevieve K. Duerr. My Wife and I have five (5) children: Dawn K. Rutkowski, Duane D. Duerr, Roxanne L. Lange, Lisa H. Weary, and Eric D. Duerr. SFCO�D: Nomination and Appointment of Personal Representative. I hereby nominate and appoint ���.a�e��ic��e 1�;:. Du.�rr to be my Personal Representative hereunder, to serve without bond. Furthermore, I request unsupervised administration of my estate. In the event Genevieve K. Duerr fails to become or at any time ceases to be the duly appointed and acting Personal Representative hereunder, I nosnina±e Duane D. Duerr as Personal Representative. If Duane D. Duerr is unable or unwilling to serve, then I nominate Roxanne L. Lange to serve without bond. If Roxanne L. Lange is unable or unwilling to serve, then I nominate Lisa H. Weary to serve without bond. The term "Personal Representative" as used herein shall apply regardless of gender. THIRD: Last Illness and Funeral Expenses; Powers of Personal Representative. I direct my Personal Representative to pay my last illness and funeral expenses. I authorize my Personal Representative to receive and retain any of my property; to sell, at public or private sale, encumber or lease any property � of my estate without notice, at such prices and upon such terms as he deems best, and without the giving of any bond, subject, however, to such confirmation as may be required by law; to hold, manage and operate such property; to continue the operation of any business of my estate, alone or in pa:-tnership with others, for such times and in such manner as deemed advisable, or to sell or liquidate such business, and any such operation, sale or liquidation shall be at the risk of my estate and without liability on my Personal Representative for any losses resulting therefrom; to invest and reinvest s�rs-plus moneys in such investlnents as he deems advisable; to determine what is principal and what is ii�co3r�e of iny estate and to allocate and charge to either principal or income any debts, taxes and expenses of adininistration. FOURTH: Disposition of All Property; Exercise of Power of Appointment. It is my intention by this Will to dispose of my property, if any. I do not intend hereby to exercise any power of appointment that I may have arising from that Trust Agreement described in Paragraph SIXTH. FIFTH: Disposition of Personal Effects. Except as provided in any written instructions to my Personal . Representative regarding the disposition of personal effects, I give any interest I may have in all personal automobiles, clothing,jewelry, china, silver,books, pictures and other works of art,household furniture and furnishings and all other items of domestic, household or personal use to my wife, if she survives me. If my wife fails to so survive me, I give such property to the Trustee of that Trust Agreement described in Paragaph SIXTH. The bequests made by this paragraph shall be free and clear of estate and inheritance taxes, which I direct my Personal Representative to charge against the residue of my estate. � � � SIXTH: Disposition of Residue of Estate. (1) All the rest, residue and remainder of my estate,both real and personal and of whatever kind and wherever situated, including all of my property, if any, I give, devise and bequeath to the individual or bank then acting as Trustee under that certain trust Agreement designated as The David W.Duerr and Genevieve K. Duerr Revocable Living Trust, signed earlier this day and bearing the same date as this Will, of which my wife and I are the Co-Grantors and the Co-Trustees, to be combined with the other assets of the trust and held, administered and distributed as a part of that trust, according to the terms thereof and any amendments made to it prior to my death. It is my intent, if it be permissible, not to create a separate trust by this Will and not to subject The David W. Duerr and Genevieve K. Duerr Revocable Living Trust or the property added to it by this Subparagraph (1) to the jurisdiction of the probate court. Should I be the Surviving Spouse, as defined by such Agreement, the distributions under paragraph SIXTH shall be to trust A only. (2) If for any reason the disposition in Subparagraph (1) is not operative or is invalid, or if the trust referred to in Subparagraph (1) fails or has been revoked, then I give the rest, residue and remainder of my estate, to the individual or bank which would have been Trustee of such trust had such trust been operative, valid and unrevoked at my death, to be held, administered and distributed under the terms and conditioris of The David W. Duerr and Genevieve K. Duerr Revocable Living Trust, signed and dated the same day and bearing the same date as this Will, which trust is incorporated herein by reference. (3) Anything else herein to the contrary notwithstanding, should any portion of such trust be terminable upon my death, the disposition made in this Paragraph SIXTH shall be made directly to the beneficiaries for whom the outright distribution from the trust shall be made, and the remainder which will remain in such trust, if any, shall pass into such trust under the provisions of Paragraph SIXTH (1) �` or(2), as the case may be. �� (4) Should the Trustee of that trust described in Paragraph SIXTH (1) and (2) elect not to pay any or all of the estate, gift or inheritance taxes from such trust, then, to the extent they are not so paid, all taxes levied by the United States or any state, district, territory or possession thereof upon or because of any property passing under this Will or any Codicil thereto or by reason of any transfer or gi$made by me during my lifetiine or at my death, or which may be imposed by reason of my death, or the acquisition of property by any person upon my death by succession, inheritance, survivorship or otherwise, shall be paid out of the residue of my estate as an expense of administration. My Personal Representative is authorized to accept any distributions from the Trustee of that trust described in Paragraph SIXTH (1)or(2) for purpose of such payment. SEVENTH: Omitted Heirs; Will Contests. Except as otherwise specified in this Will, I have intentionally and with full knowledge omitted to provide for my heirs at the time of my death. If any beneficiary under this Will or heir at law of mine or person claiming through any of them shall contest or otherwise challenge the validity of this Will or attack any of its provisions or the trust described in Paragraph SIXTH herein, directly or indirectly, any share or interest in my estate given to such person under this Will is hereby revoked, and such share or interest shall be distributed in the same manner provided herein as if such person had predeceased me. EIGHTH: Partial Invalidity. Should any part, clause, provision or condition of this Will be held to be void, invalid or inoperative, then I direct that such invalidity shall not affect any other provision hereof, which shall be effective as though such invalid provisions had not been made. � . �.�...,�,�b.�:� -�-,�==� �� , , � NINTH: Guardians. In the event my wife fails to survive me, I hereby nominate and direct that Duane D. Duerr be appointed as guardian of the persons and estates of my minor or adult disabled children. If for any reason Duane D. Duerr is unable or unwilling to act as such, I nominate Roxanne L. Lange as guardian of the persons and estates of my minor or adult disabled children. I direct that said guardian shall serve without being required to furnish bonds of any kind. IN TESTIMONY WHEREOF, I have subscribed my name to this my Last Will and Testament, consisting of three (3) typewritten pages, including this page, all in the presence of the persons witnessing it at my request on this��day of�'�(�Q��, 2004, at Carlisle,Pennsylvania. � � , David�'V. Duerr, Testator The foregoing instrument, consisting of three (3) typewritten pages, including this page, was signed, published and declared by David W. Duerr, the Testator to be Testator's Last Will and Testament, in our presence. We then signed at Testator's request and in Testator's presence, an in the presence of each other signed our names as witnesses to the same this�_day of , 2004. WITNESS NAMES AND ADDRESSES i � Witness Signature: w Witness Signature: ��/��iw� Witness Name: � Witness Name: ��?/1,'�" � �(�.c,tiK�w�t Witness Address: Witness Address: � �a-a ��- -tu� �s�r ��i�e a� ('.�� P�- I 2 oc � �.�a-�a� PA ��� f 3 � ,. ,��,�� �. . , �.�:�.��.�,v� _ _ ' ' � ACKNOWLEDGMENT AND VERIFICATION OF WILL The testator declared to us, the undersigned, that this instrument, consisting of four(4)pages, including the page signed by us as witnesses and this page, was the testator's will. The testator then signed this will in our presence, all of us being present at the same time: The testator appears to us to be over eighteen (18) years of age and of sound mind, and we have no knowledge of any facts indicating that this instrument or any part of it was procured by duress,menace, fraud, or undue influence. We understand that this instrument is the testator's will, and we now subscribe our names as witnesses. �'e declare under penalty of perjury under the laws of the Commonwealth of Pennsylvania that the foregoing is true and correct. IN WITNESS WHEREOF, I have signed and subscribed my name to this Will this �� day of �' v�j� , 2004. ������k ��� David W. Duerr, Testator � WITNESS NAMES AND ADDRESSES � Witness Signature: � lt� Witness Signature: ����� . Vditness Naine:__�i Witness Name: ��rv`'� ��j(7j�1��( Witness Address: Witness Address: �(aa �t.b�-1 T?� ��1 �� ���cP � c� �� ����� �� .�� ��0�,3 End of the Last Will and Testament of David W. Duerr This Instrument Prepared By: Heather J. Shultz,Attorney at Law, Connellsville,PA � 't t t ; 1 ,._> C'� -- � ��„G .�- -�-,;-�-, �� �....� f.._.-� l. ) T,.� . � �.l .� OATH OF SUBSCRIBING WITNESS(ES) ��;__ � ,; `�r �\� �...' � ., ... REGISTER OF WILLS n�-� � `-,' Ca c�.. CUMBERLAND COUNTY, PENNSYLVANIA �� �:' �.,��.° D N -�i c�'', Estate of DAVID W. DUERR , Deceased MARY K. ORRIS AND ROBERT A. BROWNEWELL , (each) a subscribing witness to (Print Name/s) the�Will ❑Codicil(s) presented herewith, (each) being duly yualified 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/Tesiat�ix in her/his presence and in the presence af each other. , �� C.��o �� .ti�� (Signa ure) (Srgnature) 3122 ENOLA ROAD 259 HORSESHOE ROAD (Street Address) (Street Address) CARLISLE, PA 17015 CARLISLE, PA 17015 (Ciry,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 me this day befor�e this � r - da of of �v� � � � , Deputy for Register of Wills o ry Public �. My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. co�+aw�wen�.ni oF NSYL M11A Form RW-03 rev. 10.13.06 ��� I(alerl S.NOCI,NOf�xy Publk Carllsle 8oro.Curnbeiland County My Cortiml�on b�pk�es Da.8 �� ^ �MBER,PFMNSVI.YA 0. REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA , ,� � t . � '� RtV No. 2014- 00709 PA No. 21- 14- 0709 Estate Of: DAVID WDUERR (First,Midd/e,Cast1 La t e Of: UPPER FRANKFORD TO WNSHIP CUMBERLAND COUNTY Deceased Social Security No: � WHEREAS, on the 29th day of July 2014 an instrument dated October 25th 2004 was admitted to probate as the last wi11 of DA VlD W D UERR lFirst,Middle,LasU late of UPPER FRANKFORD TOWNSH/P, CUMBERLAND County, who died on the lst day of June 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi 5 ter of Wi 11 s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, herel�y certify that I have this day granted Letters TESTAMENTARY to: DUANE D DUERR who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VAN/A. IN TESTIMONY WHEREOF, I h�ve hereunto set my hand and affixed the seal of my office on the 29th day of July 2014. � ,� � ��C�. � • '�'��� ,�� � Register of WC � �" ��-� p � f 1 � ` /^U ��.�-'' (f�,..�` ury i � sf **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)