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HomeMy WebLinkAbout08-28-14 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 ni t '� �.�/ Name: Nannette M.Butcher File No: �I J I`� "� l )?��� ��a: (Assigned by Register) a/k/a: ��a: Social Security No: Date of Death: August 17 2014 Age at death: 69 Decedent was domiciled at death in Cumberland County, Pennsvlvania (srare)with his/her last principal residence at 150 Erford Road Camn Hill PA 17011 East Pennsboro Townshin Cumberland Street address,Post Oft3ce and Zip Code City,Township or Borough County Decedent died at Harrisbur�Hosnital Harrisbure PA 17101 Citv of Harrisbur� Dauvhin PA 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 Pennsylvania........... ... .. ....... ..... All personal property $ 150,000.00 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. ... $ 150.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ijnecessary.) Street address,Post Oftice and Zip Code Ctty,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/aze the Executor(s)named in the last Will of the Decedent,dated July 28,2011 and Codicil(s) thereto dated NONE State relevant circumstances(e.g.renunciation,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. �• 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.,pendente lite,durante absentia�ttrante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and co�e�e list of t►eirs.� � � � Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divo�t�been es�ishe�s�fined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.� � � N � � F` -Y. E"*I �NO EXCEPTIONS Q EXCEPTIONS '� T�� � � � Petitioner(s),after a proper seazch has/have ascertained that Decedent left no Will and was survived by the follo�ii�g�ouse(ifa�and�rs�ttach C� � '*'t additional sheets,if necessary): c:-� C:� �-r� .„� _,_, :�:r �-- �" f' Name Relationshi AddC s—I C"' � � � � Form RW-02 rev. 10/1//20/l Page 1 of 2 Oath of Personal Representative ot��,�use oniy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF C�BERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Jennifer E.Sei 5485 Mar aret Court Mechanicsbusr PA 17050 The Petitioner(s)above-named swear(s)or affirm(s)the s ts in the foregoing Petition aze true and correct to the best of the knowledge and belief of Peritioner(s)and that,as Personal Representative(s)of Dece t,the Peti' s 'll well dminister the estate according to aw Sworn t or firmed an subscribed b f re, j Date , e t ' day o , ��� Date Date or the Register • Date BOND Require : Q YES � O To the Register of Wills: FEES' Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ ���,� Attorney Signature: ( � )Short Certificate(s). . . . . . 1���%[� ( )Renunciation(s).. . . . . . . . C--'�. ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Steve C.Nicholas,Esq. Commission. . . . . . . . . . . . . . . . . . Supreme Court O�her . . . . . . . . ID Number: 06845 +,C�1.�1 CLX � 1 . . . . . . . ���.LJ(.� , � , , , , . . , . �S.Q� Firm Name: Nicholas Law Offices,PC —T�� �t � �c�l � , . . . . . , . Address: 2?15 Fr,rect Hills Drive rv _ k� a.-. �t . . . . . . . . HarrisburQ PA 17112 95D � c� . . . . . . . . �a �—�Q � . . . . . . . . Phone: (717)540-7746 �� � � �_� Automation Fee. . . . . . . . . . . . . . . S•� Fax: �7171541-1527 �"-' � ��`� �p ���_ JCS Fee. S,S� Email: `=� �'� " TOTAL. . . . . . . . . . . . . . . . . . . . . $ �L�C?�� a<µy c� �--..a _'G -� 'T't ,, -�, �'w� L� � � DECREE OF THE REGISTER � �i w �.�- �'r� �. f--' C/a ,� Estate of Nannette M.Butcher File No: �'-� � � ` l�'���� alk/a: AND NOW, ����1 �, � , 2��� 1 ,in con,sideration of the foregoing Petition, s a t i s f a c t o ry p r o o f h a v i n g b e e n p e n t e d b e f o r e m e, I T I S DECREED hat Letters `�-Q, � L- are hereby granted to e 11'l =�-1'� in the above e a e and(if applicable)that the instrument(s)dated � Li I ' � 2�-''�( described in the Petition be admitted to pro ate and filed of record as the last Will(and Codicil(s))of Decedent. , - �A C-� egister of Wil� � �� ��� ����� / � Form RW-02 rev. l0/11/20/1 ZJ Page 2 of 2 Butcher Nan M will scn/wills LAST WILL AND TESTAMENT OF NANNETTE M. BUTCHER I, NANNETTE M. BUTCHER, of 5485 Margaret Court, Mechanicsburg, Cumberland County, Pennsylvania 17050-7292, declare this to be my Last Will and revoke any Will or Codicil previously made by me. ITEM I: I direct that all expenses of my last illness and funeral, including my grave marker and perpetual care, shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM II: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate, without apportionment. ITEM III: I give, devise and bequeath my Diamond Ring to my granddaughter, ELENA CATHERINE SEIPP, providing that she survives me by thirty (30) days. ITEM IV: I give, devise and bequeath all the rest, residue, and remainder of my Estate of every nature and wherever situate, in equal shares, share and share alike, as follows: a. Fifty (50%) of my Estate to my daughter, LISA M. BUTCHER, now of 600 S. Dixie Highway, #609, West Palm Beach, Florida 33401, providing that she survives me by thirty (30) days. Should LISA M. BUTCHER, predecease me or die on or before the thirtieth (30�') day following my death, her share of my estate shall then go to her issue, per stirpes, as are living on the thirty-first (31 St) day following my death. At this time, my daughter, LISA M. BUTCHER has one daughter, GIANA LUCIA GAYTON. b. Fifty (50%) of my Estate to my daughter, JENNIFER E. SEIPP, now of 5485 Margaret Court, 1Vlechanicsburg, Pennsylvania 17050-7292, providing that she survives me by thirty (30) days. Should JENNIFER E. SEIPP, predecease me or die on or before the thirtieth (30�') day following my death, her share of my estate shall then go to her issue,per stirpes, as are living on the thirty-first(31 St) day following my death. At this time, my daughter, JENNIFER E. SEIPP has one daughter, ELENA CATHERINE SEIPP, and one son, BRADY RICHARD GIUSEPPE SEIPP. � � M � c o ...� � �.,� � � � r� � � ;.� c� � � r> � �,a � .='! �, �--. .,�� .'�7. i C' :;-,� t"�7 N �.w.S ('►1 �"` G�y :.%� � 'Pa t� s-� ` �.` C� Ca r^, � �'� 3 _y� � <'��f C;: T�ry ='� � � �'� CJ t— � w� t'°' :.._ � ;;.-� �.� ITEM V: In the event any of my said beneficiaries shall not have reached the age of twenty-three (23) years, I give, devise and bequeath that beneficiary's share of my estate, to my Trustee, hereinafter designated, IN TF(UST, for the benefit of said beneficiary to be administered as follows. a. To pay the net income from said trust to such beneficiary on a quarterly basis or more often, at the sole discretion of my Trustee. b. To pay so much of the principal as is deemed necessary for medical expenses, support, and other items of necessity of my beneficiary at the sole discretion of my Trustee. c. The amount to be paid from principal for the benefit of my beneficiary shall be determined from time to time by the need of my beneficiary, and the amounts and times of said payments shall be determined by such need. The said payments may be made by the Trustee directly to my beneficiary or may be made in the discretion of the Trustee, directly to the person having the custody and care of my beneficiary or may be made by the Trustee directly to any institution entitled to such payment by reason of services rendered or to be rendered to said beneficiary. In making the aforesaid paym.ents, the Trustee shall give primary consideration to the individual needs of my beneficiary and to other sources of income and funds, such as insurance proceeds, etc., available for the support of my beneficiary. d. To pay the accumulated income and principal to my beneficiary when my beneficiary attains the age of twenty-three (23) years. e. Should my beneficiary under the terms of this trust not have reached the age of twenty-three (23) years, he or she shall be considered a minor for purposes of this trust. f. Should my beneficiary die before reaching the age of twenty-three (23) years, the remaining principal and accumulated income of the trust shall be paid: (1) To such one or more persons or organization, excepting my beneficiary's estate, his or her creditors, or the creditors of his or her estate, under such terms as my beneficiary shall have appointed by Will. (2) In default of appointment by Will as aforesaid, or insofar as it is not effectual, to my beneficiary's then living issue,per stirpes. (3) In default of such issue, to my then living issue, per stirpes, with any portion thus accruing to a child for whom principal is then held in trust thereunder to be added and thereafter treated as a part of such principal. L ITEM VI: Should the principal of any trust herein provided for, be or become too small in the Trustee's discretion so as to make establishment or continuance of the trust inadvisable, the Trustee or my personal representative may make immediate distribution of the then-remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportion they are then entitled to receive income. If any such person is then a minor, distribution may be made to the guardian of the person of such minor. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income beneficiaries or in remainder shall cease. ITEM VII: In addition to the power conferred upon my fiduciaries previously in this instrument, and by law, I authorize all fiduciaries without any order of court and in their sole discretion to: a. Retain any property and invest and reinvest any property, including by way of illustration and not by way of limitation, common stocks up to one hundred (100%) percent of corpus, stock of any fiduciary or parent corporation, any common or diversified trust funds maintained by any fiduciary or affiliated, related subsidiary or parent corporations, and any form of life insurance, except in any marital trust, annuity or endowment policies; and in so doing, any fiduciary may act without restriction to so-called legal investments and without responsibility for diversification. Any fiduciary may also keep reasonable amounts of cash in bank uninvested. b. Sell at public or private sale, for cash or credit, with or without security, and exchange or partition property and give options for sales or exchanges. c. Borrow and lend money from and to any person andlor corporation, including any fiduciary, and mortgage or pledge any property. d. Repair, alter, improve or lease for a period of time, any property and give options for leases. e. Vote in person or by proxy securities held by it and in such connection to delegate its discretionary powers. £ Subscribe for stocks, bonds, or other investments; exercise any stock option or similar rights; join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and private securities thereunder, and generally exercise all the rights of security holders of any corporation. g. Purchase investments at premiums and charge premiums to income or principal or partly to each. 3 h. So that title may pass by delivery, any fiduciary may register securities in the name of a nominee as designated by any corporate fiduciary or in the name of such other nominee as may be convenient. i. Compromise claims by or against my estate or trust including, without limitation, any questions relating to ta�ces or to any policy of life insurance. However, my fiduciaries need not institute litigation to collect on any policy unless they are reasonably indemnified for all costs, counsel fees and other expenses of such litigation. j. Retain and pay agent, employees, accountant and counsel (including investment counsel) for advice and other professional services. k. Make distribution in cash or in.kind or partly in each. 1. Determine whether any stock dividend, stock split, extraordinary dividend or other item or receipt or expenditure shall be allocated to income or principal or partly to principal. My fiduciaries are relieved of all liability in making such allocations, and distribution shall be made without their being required to file an account for confirmation provided that these powers shall not be exercised with respect to any marital deduction trust. m. Hold, manage, invest and account for separate trusts either as separate funds or in one or more consolidated funds in which each trust shall own an undivided interest. n. Add to the principal of any trust created thereunder, any property received from any person by Deed, Will or in any other manner. o. I hereby authorize my Executrix and Trustee to continue any business or businesses in which I may be interested at the time of my death, whether or not said business is conducted by me at the time of my death, inaividually, as a partnership, or through a corporation wholly owned or controlled by me, with full authority to sell, settle and discontinue any of them, at such time or times and upon such terms or conditions which, in the judgment of my Executrix and Trustee, are for the best interests of my estate or any trust created by my Will. p. Each fiduciary serving thereunder shall have the right from time to time, by instrument in writing, to relinquish, in whole or in part, any power given to him by law or under the provisions of this Will, provided that such relinquishment shall not bind his successors unless similarly relinquished in writing by them. ITEM VIII: I hereby authorize and empower my Executrix hereinafter named to sell all of the real property and any or all of the personal property not specifically bequeathed herein, which I may own or to which I am entitled at the time of my death, in the sole discretion of my Executrix at private or public sale, without an Order of Court, at such time or times and upon 4 such terms as the said Executrix shall deem proper for the best interests of my estate or of my beneficiaries, thereby converting the same into cash. I further authorize and empower my said Executrix to execute, acknowledge and deliver all proper writings and deeds of conveyance and transfer thereof. ITEM IX: All references herein to a child of mine, or to the children or issue of my child, shall include any children born after the date of this Will and any persons lawfully adopted by me and their issue. ITEM X: Wherever the word "minor" is used herein it shall mean any person under the age of twenty-three (23) years. ITEM XI: I appoint my daughter, JENNIFER E. SEIPP, Trustee of any trusts created by this, my Last Will. Should JENNIFER E. SEIPP fail to qualify or cease to act as Trustee, I appoint my friend and attorney, STEVE C. NICHOLAS, Trustee of this, my Last Will. I direct that my Trustee, at her discretion, may retain the services of a Corporate Trustee for the purpose of assisting them in the administration of any trust herein created. ITEM XII: The principal and income of any trusts created thereunder shall be free from anticipation, assignment, pledge or obligation of any beneficiaries and shall not be subject to any execution or attachment or to voluntary or involuntary alienation. ITEM XIII: I appoint my daughter, JENNIFER E. SEIPP, Executrix of this, my Last Will. Should JENNIFER E. SEIPP fail to qualify or cease to act as Executrix, I appoint my friend and attorney, STEVE C. NICHOLAS, Executor of this, my Last Will. ITEM XIV: I direct that my Executrix or Trustee appointed herein, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal the 28i" day of July 2011. NANNETTE M. BUT HER 5 The preceding instrument, consisting of this and five (5) other typewritten pages, identified by the signature of the Testatrix, was on the day and date thereof signed, published and declared by NANNETTE M. BUTCHER, the Testatrix therein named, as and for her Last Will, in the presence of us, who, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses hereto. �r / • ' of l�C�f�'I�//��5��/v f A � ' `° "`'"` ��� �,1� of ��� � ' 6 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : :ss. COUNTY OF DAUPHIN : I, NANNETTE M. BUTCHER, the Testatrix 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 and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by NANNETTE M. BUTCHER this 28tn day of July 2011. NANNETTE M. BUTCHER ` , � � Notary Public t►+oR��NSV�vwNia t�iQ'tARiAI SEAL CI�[ST�IA L.NiCtiOLAS,Notary Pubiic t.ow�t Pa�don Twp.,Dauphh Counry Cann�ion June 20,2013 7 COMMONWEALTH OF PENNSYLVANIA : . SS. COUNTY OF DAUPHIN : WE, the undersigned witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix, sign and execute the instrument as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge, the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed before me by the undersigned witnesses, this 2g`n day of July 2011. ��Y12e4 ���, Witness J\ �'I.-�,,�'��! Q.vt, Witness � -�.�,"�-�..�( V'l✓ Notary Public COMMONWE/1�,'1}I pF'pENF1$YLVANIA NOTARIA!SEAL CHRIST�lA l.NICNOLAS,Notary PubNc Low�►P�ton Twp.,Dauphin��y Cona�ion June 24,20�3 8 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ; , �F C U�y �� �,�y �.�� e�`�` No. 2014- 00813 PA No. 21- �4- 08�3 Es ta t e Of: NANNETTE M BUTCHER O D �Z (First,Middle,Lastl � v � Late Of: EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY N Deceased Soci al Securi ty No: � 1750 WHEREAS, on the 29th day of August 2014 an instrument dated July 28th 2011 was admitted to probate as the last will of NANNETTE M BUTCHER fFiist,Middle,Las1J late of EAST PENNSBORO TOWNSH/P, CUMBERLAND County, who died on the 17th day of August 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA 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: JENNIFER E SEIPP who has duly qualified as EXECUTOR(R/Xl and has agreed to administer the estate according to law, a11 of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CAfiLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 29th day of August 2014. _ : �; ;�,r ,' �1�;` C � . ��''����.C. �� G �,, ' Regrsier of V�ills �' : �' , � ��'���(._l�E��` ��, E �`� ;n �-���- � Deputy **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)