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HomeMy WebLinkAbout11-12-14 (2) 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: Gary L.James Esq. Decedent's Information Name: Margaret M.Lanshe File No: 21-14-1059 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 10/13/2014 Age at Death: 63 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 421 Cherokee Drive,Mechanicsburg 17050 Hampden Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Pinnacle Health West Shore Hospital Mechanicsburg Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County Slate Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 5,000.00 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 $ 5,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough * c. Mounty Rl M ri -p C-:) G C) 0A. Petition for Probate and Grant of Letters Testamentary 7 C t0 �,J Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 10/099/200_81 r~i and,Cbbicil(s) thereto dated Renunciation of Gregory K.Richards C. State relevant circumstances(e.g.,renunciation,death of executor,etc.) —• C7 Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was nno a party toga pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),-and did not habe a chiili:bdrr)or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. `1 t ❑X NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) ata.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante mincritate If Administration,c.t.a ord.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 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. ❑NO EXCEPTIONS ❑ 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.1 o-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 i Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Gary L.James Esq. 134 Sipe Avenue Hummelstown,PA 17036 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 ec ent, er(s)will well and truly administer the estate according to law. Sworn t�o�'oCr�affirmed an Date subscribed before l me thisr�day of � V1n�Y �1 Date By. w Date For the Register Date BOND Required? YES LX] NO To the Register of tills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ Attorney Signature: ( 5 )Short Certificate(s)......... ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Ga �Ja s Esq. Bond............................................. Supreme Court Commission.................................. ID Number: 27752 Other I t Firm Name: James,Smith,Dietterick&Connelly,LLP i5 Address: 134 Sipe Avenue Hummelstown,PA 17036 Phone: 717/533-3280 Automation Fee............................ JCS Fee....................................... - Fax: 717/533-2795 TOTAL......................................... $ Cis. E-mail: glJ@sdc.com DECREE OF THE REGISTER Date of Death: 10/13/2014 Social Security No: Estate of Margaret M.Lanshe File No: 21-14-1059 a/k/a: AND NOW, W 009M eY B in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Gary L.James Esq. in the above estate and(if applicable)that the instrument(s)dated 10/09/2008 described in the Petition be admitted to probate and filed of record as th last Will(and Codi it ))of Decedent. Q bAfgi ter of Will Copyright(c)2011 form software only The Lackner Gro ,Inc. Page 2 of 2 Last Will C, 0 Of `> C� MARGARET M. LANSHE CD] tr� CEJ UJ u l M*RG , TVI. LANSHE, the Testatrix, a resident of Dauphin County, Pennsylvania, declare 1­9thaiPthis is ray st Will. I hereby revoke all my previous wills and codicils. UJ ` Article One Introductory Provisions Section 1. Marital Status I am not married. Section 2. Children -All references to "my children", subject to the exclusion of any child under subsequent provisions of this Section 2, are to all of the children so identified in this Section 2, but only to those children and any children born to or adopted by me subsequent to the execution of this, my Last Will. a. My Children The names and birth dates of my children are: Names , Birth Dates ANNIE P. ROTH May 4, 1990 JULIAN D. ROTH December 16, 1992 b. Guardians of my minor children: I appoint the following person to be the Guardian of the person and estate of my minor child,Julian D. Roth: GAYLE MUSSER Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representatives in the order of priority in which their names appear: GREGORY K. RICHARDS; THEN GARY L.JAMES If, for any reason, the Personal Representatives named above are unable or unwilling to serve, the next successor Personal Representatives shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer -my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustees of my revocable living trust of which I am a Trustor known as the: MARGARET M. LANSHE LIVING TRUST dated March 7, 2003 I executed said revocable living trust prior to the execution of this Last Will. Section 3. . Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code'Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A or 2057; and C. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living,trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning,those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my Trust, all death taxes incurred by "reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions .Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person(and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last W iR on � r moo$ . MARGA T M. LA S E ATTESTATION CLAUSE On this be.- 9 2ooS' , MARGARET M. LANSHE, Testatrix, personally Published and Declared the foregoing instrument, as and for her Last Will and Testament, in the presence of each of us and all of us together, who, at her request, in her presence, and in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time she executed the foregoing instrument she was of sound mind and memory, of lawful age, and did so execute it as her own free act and deed and not under the constraint or undue i e of any n. Wi ss /O Street Address f 7k City,;State, Zip _NPfitness a/9 n Street Address City,State, i, COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN We, MARGARET M. LANSHE, and the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly first sworn, do hereby declare to the undersigned authority that we were present and saw the Testatrix sign and execute the foregoing instrument as her, -Last Will; that the Testatrix signed it willingly, or directed another to sign it for the Testatrix, that it was executed as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testatrix signed the Last Will as a witness; and that to the best of our knowledge the Testatrix was at the time of sound mind and memory, of lawful age, and under no constraint or undue influence. MA=. L rz L wiltrqss Witness SUBSCRIBED, SWORN TO and ACKNOWLED D before me, a notary public, by MARGARET M. LANSHE, the Testatrix, and p v S and the witnesses, on this OCT — 9 2008 No ary Public COMMONWEALTH OF PENNSYLVANIA ENotarial Seal Linda L.Fetterhoff,Notary Public rry Twp.,Dauphin County nMISslon Expires Nov.8,2011 MMM,pennoylvanla Association of Notaries RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Margaret M. Lanshe Deceased C= -;-- ;;a M C= CD rr) C-) Gregory K. Richards in my capacity/re:fat4ship a:F�E c;�'); S-u' (7-nntName) M C-) C) �o r— Executor of the above Decedent, hereby TenTunc&'Ihe right7t-6 —71 administer the Estate of the Decedent and respectfully request that Letters be issued toC.-) CD I" .=CD M r— Gary L.James C:) rn /o (Date) (Signature) regory ichads 134 Sipe Avenue (Street Address) Hummellstown, PA 17036 (City,State,Zip) 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 that he or she executed the renunciation for the of purposes stated within on this <3b day Of X I 'V/V - Deputy for Register of Wills Notary Public 61 My Commission Expires: '819na�lune and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notar/s commission.) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise M.Long,Notary Public Derry Twp.,Dauphin county egffiffliwoh ires Ma 25 2015 Form RW-06 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. MR6 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA I,I F CU e No. 2014- 01059 PA No. 21- 14- 149 J� 9 Estate Of: MARGARET M LANSHE O D Z (First,Middle,Last) Late Of: HAMPDEN TOWNSHIP CUMBERLAND COUNTY c1 - G,7 Deceased /750 Social Security No: © ;(f) WHEREAS, on the 13th day of November 2014 an instrument dated October 9th 2008 was admitted to probate as the last will of MARGARET M LANSHE (First,Middle,Last) late of HAMPDEN TOWNSHIP, CUMBERLAND County, who died on the 13th day of October 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: GARY L JAMES 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, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 13th day of November 2014. R gister of Wlls M " De i **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)