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HomeMy WebLinkAbout10-08-14 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 respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information ( � Name: David L.Hittie File No: c�I � �['9(o' 1'j a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: June 14,2014 Age at death: 65 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 125 Channel Drive,Carlisle,PA 17013 North Middleton Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Memorial Hospital 325 South Belmont Stree,York,PA 17403 Spring Garden Twp. York Pennsylvania Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania....... .... ..... ............ All personal property $ 1,000.00 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. ... S 1,000.00 Real estate in Pennsylvania situated at: Sandstone Road,Berlin,PA Brothers Valley Twp. Somerset (Attach additional sheets,if necessmy.) 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 November 2, 1992 and Codicil(s) thereto dated_N/A v State relevant circumstances(e.g.renunciation,death of executor,etc.) G Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,was not divor was lgot a party to a pertdiia divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),ai d-di�'ngt7have ild b adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. :7 fir, ...- .. C> O NO EXCEPTIONS (D EXCEPTIONS Sons-Jonathan D.Hittie born 4/30/1993 and Benjamin R.Hiftie-bopp,3/7!095 t €3 c"., -t-} E B. Petition for Grant of Letters of Administration (If applicable) CO r- til c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante ab-s�ntia,dur�t minroitdo If Administration,ca.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. 0 NO EXCEPTIONS 0 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 rev.10/11/2011 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 Robin M.Hittie 125 Channel Drive Carlisle PA 17013 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 Decede t,the Petitioner(s)wil well and truly administer the estate according to law. Sworn to r affirmed and subscribed before Date /d /f 20 me this day o Date By: Date For the Register Date BOND Required: Q YES 2 NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 20.00 Attorney Signature: ( 2)Short Certificate .. . . . . 10.00 ( )Renunciation(s)... .. . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Christopher M.Vedder Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 38497 Inheritance Tax Return . . .. . . 15.00 rst Inventory . . . . . . 15.00 Firm Name: Morris&Vedder LLP X C> ca �? . . . . . . . . Address: 32 North Duke Street - ;U . . . . . . P.O. Box 149 • r-- . . . . . . . . York,PA 17405 '-".' C0 cr . . . . . . %"' > C3 843-9815 T' � --n -7,1 . . . . . . . . Phone: (717)843 Automation Fee. 5.00 Fax: (717)846-2813 r JCS Fee. .. . . . . . . . . . . . . . . . . . . 35.50 Email: nmvedderap morris-vedtler'cnm C rn TOTAL. . . . . . . . . . . . . . . . . . . . . $ 100.50 , fV U) O DECREE OF THE REGISTER -7 Estate of David L.Hittie File No: a/k/a: AND NOW, 005 fiber _,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Robin M.Hittie in the above estate and(if applicable)that the instrument(s) dated November 2 1992 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. ister of ills/ PlIf"'Wib—Page Form RW-02 rev.10//1/20/1 2 of 2 T LAST WILL AMD TESTAMENT c0 N - OF DAVID L. HITTIE co CD c;� U_ c.a r a ca <= I3avid L. Hit-tie, of 121 Channel Drive, Carlisle, Cumberland County, + a1benre y3cvan,ia, being of sound and disposing mind, memory, and understanding, Gs� � c� t- do 1& ' declare this as and for my last will and testament hereby r� �vokitgmil wills and codicils previously made by me. � cP + . t FIRST cca I direct the payment of my debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment, owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefor funds from my estate, in such amount as my personal representative shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable, for the purchase, erection, and inscription of a suitable marker for my grave. SECOND I give and devise my one-seventh (1/7) interest in the farm which I own with my brothers and sisters, and located in Brothers Valley Township, Somerset County, Pennsylvania, unto such of my brothers and sisters who are living at the time of my death. I direct that the Pennsylvania Transfer Inheritance Tax that shall be paid upon this one-seventh (1/7) interest shall be paid by my surviving brothers and sisters and shall not be paid from the residuary of my estate. THIRD F I give, devise and bequeath all the rest, residue and remainder of my estate unto my wife, Robin M. Hittie, if she survives me by thirty (30) days. In the event she fails to survive me by thirty (30) days, I give, devise and bequeath all the rest, residue and remainder of my estate unto my children, per stirpes. e C� FOURTH In the event that my wife predeceases me, or does not survive me by thirty (30) days, and at the time of my death I am not survived by any issue, I then give, devise, and bequeath all of the rest, residue and remainder of my estate as follows: A. I give and bequeath unto my nephew, Robert Hittie, the sum of $1,000.00 upon the condition that he use said sum to care for any animals that I may own at the time of my death. B. I give and bequeath all photographs and photo albums which are in my possession at the time of my death unto my nephew Scott Hittie, for him to either retain or distribute among my relatives as he sees fit. C. All of the rest, residue and remainder I give, devise, and bequeath as. follows: 1. Two-thirds (2/3) to my nieces and nephews, per stirpes; Z. One-third (1/3), in as nearly equal shares as is practicable, unto the following individuals: My wife's grandmother, Lillian K. White; my wife's mother, Evelyn Minshull; my wife's father, Fred Minshull; my wife's sister, Valerie Shuty; my wife's sister, Melanie Barry; and my wife's niece, Mikel Barry. FIFTH I direct that any and all Inheritance, Estate and Transfer Taxes imposed upon my estate passing under my will shall be paid out of the principal of my residuary estate. SIXTH In addition to the powers conferred by law, I authorize my personal representative, in his or her absolute discretion: A. To retain in the form received, and to sell either at public sale or CAprivate sale any real or personal property. B. To manage real estate. C. To invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principle of diversification. D. To exercise any option or rights arising from ownership of investments. E. To compromise claims without court approval, and without the consent of any beneficiary. F. To not sell any real estate occupied by my spouse and I as a marital home if minor children are living at the time of my death and it is practical to retain ownership of the real estate so that my minor children may live in said real estate until they graduate from high school. SEVENTH I appoint Dauphin Deposit Trust Company, with principal offices located in Harrisburg, Pennsylvania, guardian and trustee of any intangible personal property or the proceeds of sale of real or tangible personal property, including, but not limited to all proceeds of insurance on my life, which passes to a person under the age of twenty-five years and with respect to which I am authorized to appoint a guardian or trustee and have nototherwise specifically done so. In addition to the powers given by law, I authorize the guardian/trustee (a) to use such amounts of both income and principal as it in its sole discretion, deems proper for the support, education and welfare of such minor or beneficiary without leave of any court, and (b) to invest in any property without restriction to legal investments. The guardian/trustee shall not be required to give bond or furnish sureties in any ,jurisdiction. I hereby direct upon any beneficiary attaining eighteen years of age that the guardian shall become the trustee of funds held by it and shall hold the funds in trust for any such minor or any other beneficiary under the age of twenty-five years until such beneficiary attains the age of twenty-five years, and that all bequests to a minor, or all funds passing to a minor under this last will and testament, or any beneficiary under twenty-five shall be held by the guardian as trustee of such funds until the said minor or beneficiary attains the age of twenty-five (25) years. EIGHTH In the event my said wife, Robin M. Hittie predeceases me, I appoint my nephew, Bradley Hittie, or if not living or available, my nephew Scott Hittie, guardian of the person of any of my children who may be minors at the time of my death. NINTH I nominate, constitute, and appoint my wife, Robin M. Hittie as Executrix of this my last will and testament. In the event of the renunciation, death, resignation, or inability to act for any reason whatsoever of my said wife, I nominate, constitute and appoint my nephew, Scott Hittie, surviving Executor of this my last will and testament. I hereby relieve my personal representative from the necessity of posting security in connection with their duties as such in any jurisdiction in which they may be called upon to act insofar as I am able by law to do so. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, this day of e—t-10' 1992. (SEAL) David L. Hittie Signed, sealed, published and declared by the above named testator, as and for his last will and testament in the presence of us, who, at his request, in his eight and presence, and in the sight and presence of each o er, have hereunto subscribed our names as witnesses. residing at 404 (VI residing at CZONWEALTH OF PENNSYLVANIA: SS COUNTY OF FRANKLIN 1, David L. Hittie, the 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; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. - )( j C XA We, i�2'I1 (1, (1_1104(01 and ��O / C H-c/, _, the 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 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 eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and acknowledged before me by David L. Hittie, e testator, and sworn to or affirmed nd subscribed to before me by AUi GAUP/— and witnesses, this .G day of �- �. 1992. David L. Hi�ttie Witness - Witness Notary REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA of 10juj No. 2014- 00967 PA No. 21- 14- 0967 Estate Of: DAVID L HITTIE 0 (First,Middle,last) Late Of: NORTH MIDDLETON TO K&VSHIP G-? CUMBERLAND COUNTY C> rn C.rn Deceased M ;:0 C-') co C-D — o. --A (n 7,0 Social Security No: - MM 1750 CO -n WHEREAS, on the 8th day of October 2014 an instru?nent'�daFed CO November 2nd 1992 was admitted to probate as the last-yi11 of rn co DAVID L HITTIE Co -n (First,Middle,Last) late of NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, who died on the 14th day of June 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 TESTAMENTARY to: ROBIN M HITTIE who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CA RL ISL E, PENNS YL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 8th day of October 2014. foct IRegister ofdifls- DfP09 **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)