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HomeMy WebLinkAbout11-03-14 PETITION F R G NT OF LETTERS REGISTER OF WILLS OF � 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 Informatio //^ / / � Name: %1 ��/�c/� File No: �/—���� � a/k/av (Assigned by Register) a/k/a: ��a� Social Security Nti: ���_�� Date of Death: � Age at death: � Decedent was domiciled at death 'n �l rG C unty ! (Stu )wit hisjher st principal residence at L/C / j %�1 Y�� t et ad 1ss,8o t Off' e and ip o !' ity,Township or Borough County Decedent died at � /��� ) ��I (,-//1 � ` Street a res,Post Office and Z p Code City,Township or Borough County State Estimate of value of decedent's property at death: �) If domiciled in Pennsy[vania...........:........... ..... All personal property $ � �U� If not domiciled in Pennsy[vania. ....................... Personal property in Pennsylvania $ If�:ot domiciled in Pennsylvania. ....................... Personal property in County $ Value ofrealestatein Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ Real estate in Pennsylvania situated at: (Attnch additional sheets,i/necessary.) Street address,Post Office and Zip Code City,Township or Boraugh County � A. Petition for Probate and Grant of Letters Testamentary —7 Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated��/.3"rz°Q / and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,�leadi ofexecutor,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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NOEXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.u.,d.b.n.,d.b.n.c.t.u.,pendente lite,durunte absentiu,durunte minoritute 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 establis��d 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 �EXCEPTIONS -�= Q �`Ti f� � ;.� " r�� Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followirt'g'�pgy±se��i�any�heirs�rittr��•h __ udditionu[sheets,iJ necessury): � : s,-,;� t- � ,_,,i Name Relationshi Address� � ;:3 . . y ._ _,� c.o , • ' _ r-=_� � `�� Fo��m RW-01 ,��v.rniuiznii Page 1 of 2 Oath of Personal Representative off�;al vs�o�iy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed ddress /''jC;�/ �. I�/A(.�� � 4� S � S 5- _,, � c� '-`�- r=n �-n -... �__ c.-� r;� Tlie Petitioner(s)abcve-named S'�ear(�)or affirm(s)the statements in the foregoing Petition are true and correct to thefixst-�gf the 1n�o�ulEdge and t1E1�ef of Petitiouer(s)and tliat,as Persotial Representative(s)of the Decedent,the Petitio r(s)wi ell and truly admmistei'�heest ie according to law,.ri Sworn to or affirmed and ubscribed before � Dare �0�����, me t ' ��day of � , I Date ;�� BY� � Date —"� � or lhe Register D1te C,� � ���.� � � r� —;1 C3� BOND Required:Q YES �NO To the Register of Wi!!s: FEES: Please enter my appearance by my signature below: 00 Letter . . . . . . . . . . . . . . . . . . . $ � Attorney Signature: ( �S(�ort Certificate(s).. . . . . �°o ( )Renunciation(s).. . . . . . . . ( ) Codicit(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Caninission. . . . . . . . . . . . . . . .. . Supreme Court Other . . . . . . . ID Number: �/� . . . . . . . . 'OQ . . . . . . . . Firm Name: V,. . . . . . ' � Address: . . . . . . . . Phove: Automation Fee. . . . . . . . . . . . . . . ' � Fax: JCS Fee. . . . . . . . . . . . . . . . . .. . . � � Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ � U DECREE OF THE REGISTER Estate of ��UQ/�� � �,UGQ 1�/'- File No• ������Q �� a/k/a: AND NOW, ,`�� � � , O��/ , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS ECREED th t Lette s e tf,l I'Y1en�(,!l'S/ are hereby granted to� n-►en � , � , in the above estate and(if applicable)that the instrument(s) dated e r/a r✓ f.� , Ol�� described in the Petition be admitted�,lo prob te�d of recor,�i as the last Will (and Codi i s))of Decedent. C'I/ 'V' Regis er of Wills ' F�,,�,nw-m_ ,��v. loitiiznr� Page 2 of 2 IT�, . �.� �-"^ �..� Y`....,p � .... r"",� ...� .. � �'.�. ,. �.,.. , �;r ....� �.y .�... ... . '. ....:� ....:.�� . . . � .... .. .�1 . �:'... � , � v��'� ..,. _�.. � ...., ....,.» . . . . „,.,. ���J . ' � ....._ r.��� r^ 4Y? � CT� �� ��� � �JLJ�.7� 1�-+ OF DUANE C. WALKER I, DUANE C. WALKER, presently of Cumberland County, Pennsylvania, being in good health and of sound and disposing mind and memory, do hereby make, declare and publish this as my Last Will and Testament hereby revoking all Wills and Codicils previously made by me. I declare that I am a married man and that I presently have two (2) children: JENNIFER L. WALKER and JAMES C. WALKER. All references in this Last Will and Testament to my children are references : JENNIFER L. fJVALKER and JAMES C. WALKER. ARTICLE I FUNERAL EXPENSES I direct that all just expenses of my last illness and funeral be paid by my personal representative from my estate as soon after my death as conveniently may be done. ARTICLE II RESIDUE I give, devise and bequeath the rest, residue and remainder of my estate, together with all insurance proceeds thereon of whatsoever nature and wheresoever situate to my beloved spouse, CARMEN L. WALKER, provided she survives me by thirty(30) days. �" LAST WILL AND TESTAMENT OF DUANE C. WALKER Should my spouse, CARMEN L. WALKER, predecease me or die on or before the thirtieth day following my death, then I give, devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shares to my children, JENNIFER L. WALKER and JAMES C. WALKER, who survive me by thirty(30) days, per stirpes. It is further my desire that my personal representative, after consultation with any heir or heirs of mine who survive me, and in his or her own discretion, choose such articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and a11 other tangible evidences of intangible personal property) as he or she believes will be useful to such heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or among such heirs in equa.l or unequal shares as determined by the further exercise of his or her discretion, provided no other heir objects to the distribution. All tangible personal property not so distributed is to be sold, either publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my estate debts, taking into account the tangible personal property otherwise provided to them. ARTICLE III PERSONAL REPRESENTATIVE A. I appoint my spouse, CARMEN L. WALKER, as the personal representative of this Last Will and Testament. In the event of the death of my spouse, CARMEN L. WALKER, or her resignation, renunciation ar inability to act in that capacity, then I appoint my daughter, JENNIFER L. WALKER, as the personal representative of this Last Will and Testament in her Page 2 of 7 l� � LAST WILL AND TESTAMENT OF DUANE C. WALKER place and stead. B. No bond or other security sha11 be required of any Personal Representative appointed in this Last Will and Testament. C. I grant my personal representative the following powers in addition to and not in limitation of such powers as my personal representative shall hold by law: (i) To retain a11 property received including the stock of any corporate fiduciary acting hereunder,provided such property remains productive. (ii) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to,the voting of shares. (iii) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (iv) To operate or liquidate any business that I may own at my death. (v) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his or her absolute discretion, it being my intention to give my personal representative the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (vi) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in his or her absolute discretion. (vii) To borrow money for the payment of t�es or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (viii) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance t�es on any interests that may pass under this my Last Will and Testament. (ix) To distribute in cash or in kind upon any division or distribution of my esta.te. Page 3 of 7 f�j �� �� LAST WILL AND TESTAMENT OF DUANE C. WALKER (x) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (xi) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him or her may seem best and to execute and deliver all instruments and to do all acts which he or she deems necessary or proper to carry out the purposes of this, my Last Will and Testament. ARTICLE V SPENDTHRIFT CLAUSE No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest either in income or principal, nar shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. ARTICLE VI SURVIVAL If any provision of the Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as it is possible and reasonable. Page 4 of 7 � � LAST WILL AND TESTAMENT OF DUANE C. WALKER ARTICLE VII PAYMENT OF TAXES All estate taxes, inheritance t�es, transfer taxes and other taxes of a similar nature, together with any interest and penalties thereon, payable by reason of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid as soon as practicable out of the residue of my estate. IN WITNESS WHEREOF, I hereunto set my hand to this my Last Will and Testament this��of February, 2007. WITNESSES: � . � , /`�l� DUANE C. WALKER ����.,�.., }� C�� ' � Page 5 of 7 LAST WIL�AND TESTA11�fENT OF DUANE C. WALKER ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA . . SS. COUNTY OF CUMBERLAND . I, DUANE C. WALKER, 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 Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. �`' �GV �� DUANE C. WALKER Sworn or affirmed and acknowledged before me by DUANE C. WALKER, the testator this ���'day of February, 2007. �...�.�. Nowr�sut WrQA A CLO� Notary PubNC HAMPDEN 1WP CU�AI�t/Al�CNK < My ComrtW�ion ExpkN Jun Zt.ZO10 (1L/ N TARY PUBLIC Page 6 of 7 �� LAST WILL AND TESTAMENT OF DUANE C. WALKER AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . . SS. COUNTY OF CUMBERLAND , �� �f I/�`'� Oti ��� and E2�C�1,��.�j A 'U-.' e�rL�-�k�- , the witnesses whose names are attached to the foregoing document, being duly qua.lified according to law, do depose and say that we were present and saw DUANE C. WALKER sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he 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 Last Will and Testament as witnessed and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. . , � ��. A Sworn or affirmed and subscribed before me by Ch n.�.#�we� �.t.�.�;/ and ��1��j �,_ �l c-�,�-�-t� this 1�'�lay of February, 2007. ��� Nov►Ruu s�t UNDA A ClO1FELiB! NotcrY P��IIC HAMPDEN iWP,CUNNERt�O CI�fiY My Comml�ion ExpkN Jun Zl.ZO10 N TARY PUBLIC Page 7 of 7 �,,.J � REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA y O� CuMe� No. 2014- 0�1043 PA No. 21- 14- 1043 '� (;�.�. ,�� J� � Es ta te Of: DUANE C WALKER 0 � Z (Fiist,Middle,Lastl � v � y La te Of: LOWER ALLEN TOWNSHIP wN �� CUMBERLAND COUNTY Deceased Social Security No: 1750 WHEREAS, on the 3rd day of November 2014 an instrument dated February 13th 2007 was admitted to probate as the last will of DUANE C WALKER (First,Middle,Last1 Iate of LOWERALLEN TOWNSHIP, CUMBERLAND County, who died on the 16th 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 s t er of Wi 11 s i n and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certi fy tha t I have thi s day gran ted Le t ters TESTAMENTARY to: CARMEN L WALKER 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 COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 3rd day of November 2014. L��� F �� , Register o Will '` � ��>. ,� � �' � Deputy lr.. �,� �•� G,a / k.,..1 _., C\J �/ �.. :� r--i � _ .;. �- s+.. I; i�,_ C"� _ I..�,., y,,f r:-� , m.. � . t:.:::a t�'� � C.:i `^— L..i C'i,� Z- GE�: C:? -_., �,'-� C_' -a,' C.�:' ,;.� .� � 5,:._! � � t1J �,M ._--r"-+ �� �-�*NOTE*� ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LASTJ 4.......J .