HomeMy WebLinkAbout09-17-14 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,appiy(ies)for Letters as specified below,and in support thereof avers)the -
following and respectfully request(s)the grant of Letters in the appropriate form:
Sandra L.Cardinal
Decedent's.Information t
Name: Janet R. Utts File No: 21
alk/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 08/08/2014 Age at Death: 90
Decedent was domiciled at death in Cumberland County, PA (State{with his/her last
principal residence at 5225 Wilson Lane,Mechanicsburg 17055 Lower Allen Township Cumberland
Street address,Post office and Zip Code City,Township or Borough County
Decedent died at Pinnacle West Shore Hospital,Mechanicsburg 17050 Hampden Township Cumberland PA
$treat address,Post Office and Zip Code City,Township or Borough Costly state
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania...,................_ Ail personal property $ 500 000.00
If not domiciled in Pennsylvania...._.......... Personal property in Pennsylvania $
If not domiciled in Pennsylvania............... Personal property in County $
Value of real estate in Pennsylvania................................................................... $ C -c :0
TOTAL ESTIMATED VALUE in 50 QQ80
Real estate in Pennsylvania situated at None C?
(Attach additional sheets,dnecossary3
seen address,Post Office and Zip Code City,Township or Borough tq Co ty Q
<:3 v -,1 —n
®A. Petition for Probate and Grant of Letters Testamentary �' �' 'n
Petitioner(s)aver(s)that he/shelthey is/are the Executors)named in the Last Will of the Decedent,dated 0110312094 li---androdfgl(s)
thereto dated -- r rn
_Harold L.Utts,.survivino spouse and named Executor,renounced his right to serve as Executor of the estate in favor ofSandra L.-n
Cardinal,daughter and named Alternate Executrix.
State relevant circumstances fern.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not mar 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.§73323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapadtated,person.
®NO EXCEPTIONS F] EXCEPTIONS
❑B. Petition for Grant of Letters of Administration (i(appiicabie)
c.t,a.,d.b,n.,par n.c.t a.,Pedants life,durante absentia.durante minonlarle
If Administration,e.ta ordb.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 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 RW-02 ray.iiI i-201 i Copyright(c)2011 form software only The Lackner Group,Inc. Page 1.1
Oath of Personal Representative Orlicialuseonly
COMMONWEALTH OF PENNSYLVANIA }
}_ SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Sandra L.Cardinal 51 Hog Hollow Road
Shelburne Falls,MA 01370
413.622.9066
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 Petitioner(s)and that,as Personal Representative(s)of the Decedent,Petitioners)will,wet} /d truly administer the estate according to law.
Swom to oraffimned an scribed before�n G5� `� C,-)A 't O owe
me thi it .c / aa�e
B y Date
F lq #fer Date
BOND Required? n YES NO To the Registerof Wills:
FEES: t L! Please enter my appearance by my signature below:
Letters........:................................. $ `l `� Attorney Signature:
( 4 )Short Certificate(s).........
( )Renunciation(s)..............
( )Codicil(s)........................
{ )Affidavit(s)...................... Printed Name: Lau E.Kays
Bond............................................. Supreme Court
Commission...--.......................... to Number: 206966
Other W1 t I t�-1
t YL�DrstDr
--�— Firm Name: _ Bogor 8 Hipp Law Offices
1 r)V 1,1-au Y-1-7X-L ,� Address: One West Main Street
Shiremanstown,PA 17011
Phone: 717-737-8761
JCS Fee.,..... Fa
Automation Fee............................
................................ ._ J• '�
x:
TOTAL......................................... $ S (}, E-mail: lkays@bogarlaw.com
DECREE OF THE REGISTER
Date of Death: 0810812014
Social Security No:
Estate of Janet R.Utts File No: 21 - 14°8E�Ll
a/k/a:
AND NOW, �.,Y 1� �} ,m consideration of the foregoing Petition,
satisfactory proof having deen presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Sandra L.Cardinal
in the above estate and(if applicable)that the instrument(s)dated 01/0312014
described in the Petition be admitted to probate and filed of record as t last Will(aqd C Da -
jM, r
ister of Wigs s���
Copyright(q 2011 form soflwere only The latkner G��P,Inc. Pap 2c;12 ar2
9105,K6 REV(9111)
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LAST WILL AND TESTAMENT 4;1
OF � C) m
p o cn ::a
JANET R. UTTS 7;,D n rte-- r M
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CD r- m
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I, JANET R. UTTS, residing at 184 Roycroft Circle, in the Town of Aurora,
County of Erie and State of New York, being of sound mind and memory and aware of the
uncertainty of human life, do hereby make, publish and declare my Last Will and Testament as
follows:
FIRST: I direct that all my just debts and funeral expenses be paid as soon as
practicable after my death. I further direct that any and all death, inheritance or like taxes be paid
from my residuary estate without apportionment.
SECOND: All the rest, residue and remainder of my estate, both real and personal, of
every nature and wherever situate, whether owned by me now or hereafter acquired, I give, devise
and bequeath to my husband, HAROLD L. UTTS.
THIRD: In the event my husband,HAROLD L.UTTS,does not survive me,or dies
in a common disaster with me so that it is difficult or impossible to determine who is the survivor,
then I give, devise and bequeath all of my property aforesaid to my daughters, MARTHA L.
JONES, SANDRA L. CARDINAL and REBECCA J. HAMILTON, in equal shares.
'i
FOURTH: If any of my daughters shall predecease me leaving children, then I give,
devise and bequeath the share of said daughter to her child or children (being my grandchildren),
share and share alike. However, if any of my daughters shall predecease me leaving no children,
then the share of said predeceasing daughter shall be added to the shares of those daughters who do
survive me, or who leave surviving children, per stirpes and not per capita.
FIFTH: I nominate, constitute and appoint my husband, HAROLD L. UTTS, as
Executor of this my Last Will and Testament. In the event he predeceases me or cannot serve for
any reason whatsoever, then I appoint my daughter, SANDRA L. CARDINAL, as substitute
Executor. I direct that my Executor, or any substitute named herein, whether in the State of New
York, or any other state or country, shall be permitted to serve without being required to give any
bond or other security for the faithful performance of their duties as such.
SIXTH: Without limitations of the powers conferred on it by statute or general rules
of law, my Executors are specifically authorized and empowered:
a. To retain any or all property owned by me at my death, acquired by purchase or
otherwise,and retain,temporarily or permanently,any kind of realty or personalty,including stocks
and unsecured obligations, undivided interests, interests in investment trusts, mutual funds,
discretionary common trust funds, leases and property which is outside of my domicile,all without
diversification as to kind or amount and without being limited to investments authorized by law for
trust funds and hold funds uninvested for temporary periods,or deposit any monies in one or more
savings or other banks in any form of account:
�l3Y
-2-
b. To render liquid my estate or any trust estate in whole or in part at any time or from
time to time, and hold the proceeds in cash or in readily marketable securities of little or no yield
for such temporary periods as my Executors may deem advisable:
C. To sell,exchange or otherwise dispose of realty and personalty,publicly or privately,
wholly or partly on credit or for any consideration including stocks, bonds, or other corporate
obligations and grant options for the purchase,exchange or other disposition of any such property:
d. To make distribution in cash or in kind, or partly in each, including undivided
interests, even though shares be cornposed differently, and allocate particular assets or portions
thereof to any one or more of the beneficiaries hereunder:
e. To delegate discretionary powers to agents,remunerate them and pay their expenses;
employ and pay the compensation of accountants, custodians, legal and investment counsel:
f. To borrow money from itself or others and pledge or mortgage any property for any
purposes:
g. To manage,insure against fire or other risk,retain,repair, improve,alter,subdivide,
dedicate to public use or lease real property,or grant easements with respect thereto,for periods to
begin presently or in the future,without regard to statutory restrictions on leasing and even though
any such period may extend beyond the term of any trust:
h. Complete power and authority in all matters and questions and power to do all acts
which I might or could do if living, including, without limitation, complete power and authority
to invest (without being restricted to investments permitted by law), to sell (at public or private
sale, for cash or credit, with or without security) mortgage, lease, dispose of and distribute in kind
my entire estate, real and personal, at such times and upon such terms and conditions as they may
deem advisable.
3
SEVENTH: I direct that any person who shall die at the same time as 1, or in a common
disaster with me, or under such circumstances that it is difficult or impossible to determine which
died first, shall be deemed to have predeceased me.
EIGHTH: I hereby revoke all prior Wills and Codicils and any other instrument of a
testamentary nature made by me at any time heretofore.
IN WITNESS WHEREOF, I have made, published and declared this to be my Last Will
and Testament this 3rd day of January, 2014•
L.S.
JANET R. UTTS
The foregoing instrument was signed,sealed,published and declared by JANET R.UTTS,
the Testatrix above named, to be her Last Will and Testament and in our presence, and we, at her
request,and in her presence,and in the presence of each other,have hereunto subscribed our names
as witnesses this 3rd day of January, 2014.
—Zt"w- /1 JLJ&w� residing at 40 West Home Rd.
Barbara A. Schaus
Q Bowmansville, NY 14026
p ✓ �esiding at 66 Belvoir Rd.
Daniel P. Schaus
Williamsville NY 14221
�. ! 4
PROOF OF WILL (3A)
Surrogate's Court, Erie County, State of New York
IN THE MATTER OF PROVING THE LAST WILL
AND TESTAMENT OF
JANET R. UTTS
Testatrix Estate No.
STATE OF NEW YORK, }
COUNTY OF ERIE }ss.
Daniel P. Schaus, being duly sworn says: I reside at 66 Belvoir Rd. in the Town of Amherst in the County of
Erie, and State of New York. I am acquainted with Janet R. Utts, of the Town of Aurora, in said County of
Erie, and have known her for some time. I am one of the subscribing witnesses to Last Will &Testament,
bearing the date the 3rd day of January, 2014. The subscription of the name of said Testatrix at the end of
said instrument was made by the Testatrix in the presence of myself and Barbara A. Schaus, the other
subscribing witness thereto. At the time of such subscription the said Testatrix declared the said instrument
so subscribed by her to be her Last Will and Testament and I thereupon signed my name as a witness at the
end of said instrument at the request and in the presence of said Testatrix. I also saw said Barbara A.
Schaus, the other subscribing witness, sign her name as a witness at the end of said instrument, and know
that she did so at the request of said Testatrix and in her presence. The said Testatrix, at the time of so
executing said instrument, was upwards of the age of eighteen years and of sound mind, memory and
understanding,and was not under any restraint to the best of my knowledge and belief,and in my opinion was
competent to make a will. That said Testatrix could, read, write and converse in the English language and
was not suffering from anydefect of sight,hearing or speech orfrom any physical or mental impairmentwhich
would affect her capacity to make a valid will;that the Testatrix signed only the original of the said will on said
occasion. The instrument is being executed contemporaneously with the execution of said Will pursuant to
the law in such cases made and provided. ✓t^/yI D (fix Q//
DANIEL P. SCHAUS
Subscribed and sworn to before me this
3rd of January, 2014.
Notary Public
KAREN M.CALABRESE
NOTARY PUBLIC,State of New York
Qualified in Erie County �� "�
My Commission Expires July 15,Ll(�itS�
PROOF OF WILL (3A)
Surrogate's Court, Erie County, State of New York
IN THE MATTER OF PROVING THE LAST WILL
AND TESTAMENT OF
JANET R. UTTS
Testatrix Estate No.
STATE OF NEW YORK, )
COUNTY OF ERIE )ss.
Barbara A. Schaus, being duly sworn says: I reside at 40 West Home Road in the Town of Lancaster in the
County of Erie, and State of New York. I am acquainted with Janet R. Utts, of the Town of Aurora, in said
County of Erie, and have known her for some time. I am one of the subscribing witnesses to Last Will &
Testament, bearing the date the 3rd day of January, 2014. The subscription of the name of said Testatrix at
the end of said instrument was made by the Testatrix in the presence of myself and Daniel P. Schaus, the
other subscribing witness thereto. At the time of such subscription the said Testatrix declared the said
instrument so subscribed by her to be her Last Will and Testament and I thereupon signed my name as a
witness at the end of said instrument at the request and in the presence of said Testatrix. I also saw said
Daniel P. Schaus, the other subscribing witness, sign his name as a witness at the end of said instrument,
and know that he did so at the request of said Testatrix and in her presence. The said Testatrix, at the time
of so executing said instrument, was upwards of the age of eighteen years and of sound mind, memory and
understanding,and was not under any restraint to the best of my knowledge and belief,and in myopinion was
competent to make a will. That said Testatrix could, read, write and converse in the English language and
was not suffering from any defect of sight, hearing or speech or from any physical or mental impairment which
would affect her capacity to make a valid will;that the Testatrix signed only the original of the said will on said
occasion. The instrument is being executed contemporaneously with the execution of said Will pursuant to
the law in such cases made and provided. �p
zr,c r � vt.C- . 0 �.e�
BARBARA A. SCHAUS
Subscribed and sworn to before me this
3rd of January, 2014.
Ct&AIYX h-I( 0a I t It A
Notary Public
KAREN M.CALABRESk
NOTARY PUBLIC,State of New York
Qualified in Erie County C
My Commission Expires July 15, t
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Janet R. Utts Deceased
1, Harold L. Utts in my capacity/relationship as
(Prins Name) _
husband and named Executor of the above Decedent,hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Sandra L. Cardinal, named Alternate Executrix
W 't7 ^^r7 G7
(Dare) (Signature) I
5225 Wilson Lane, Suite Kr- 7-137 o '
ter-- r
(5"lreetAddress)
Mechanicsburg, PA 17055 '—j CD rn
(City,stare,zip) �r7
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
of that he or she executed the renunciation for the
purposes stated within on this 3 l� day
of e r , —Da IL4
Deputy for Register of Wills Notary Public
My Commission Expires: `8-3-,D61-4
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date ofextunatum ofNotarys Commission.)
NOTARIAL SEAL
Form 2W46 rev. 1013.06 DIANE MONTGOMERY,NOTARY PUBLIC
SHIREMANSTOWN BOROUGH,CUMBERLAND COUNTY
MY COMMISSION EXPIRES AUGUSF 3.2017
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
of CU
No. 2014- 00882 PA No. 21- 14- 0882
Estate of: JANET R UTTS
v (First Middle,Last/
v
Late Of: LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased No: o = rn rn
1750 " �'
mzn � cn �
m m m
WHEREAS, on the 17th day of September 2014 an instruinent'; da-t-L-d :x n
January 3rd 2014 was admitted to probate as the last wi,hl` of o*i
ZE
JANET R UTTS F3
r
o m
(first,Middle,[asr) co O
late of LOWER ALLEN TOWNSHIP, CUMBERLAND County, o 'ti
who died on the 8th day of August 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:
SANDRA L CARDINAL
who has duly qualified as EXECUTORIRIX)
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 17th day of September 2014.
Q
egister o Wil
Via.
Pu y
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)