HomeMy WebLinkAbout11-14-14 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 // ii �(
Name: CARLA A. MARSHALL File No: c�` ~ � `A - wVs
v
a/k/a: CARLA ANN MARSHALL (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 9/27/2014 Age at death: 74
Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State)with his/her last
principal residence at 219 ENOLA STREET 17025 EAST PENNSBORO TWP. CUMBERLAND
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 219 ENOLA STREET 17025 EAST PENNSBORO TWP. CUMBERLAND PA
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 $ 1,200.00
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value of real estate in Pennsylvania.............................................................. $ 125,532.00
TOTAL ESTIMATED VALUE.... $ 126,732.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County
M 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 3126 2010 and Codicil(s)
thereto dated
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.
M NO EXCEPTIONS ❑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,durante minoritate
If Administration,at.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.
❑ NO EXCEPTIONS ❑EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following@Wuse(if any)a_heirs(attar
additional sheets,if necessary): i O 1-9
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Name Relationship Address-0 n %n
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3
Form RW-02 rev.10/11/2011 Page 1 of
Oath of Personal Representative Official Use Only
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COMMONWEALTH OF PENNSYLVANIA }
} SS: -o
COUNTY OF CUMBERLAND
Petitioner(s)Printed Name Petitioner(s)Printed Address = -
51 YOSEMITE CIRCLE
BOBBY V. MARSHALL WEST HENRIETTA NY"45.6 c�
o
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,the Petitioner( will well and truly administer the estate according to law.
Sworn to or,affirmed acid s b d Yf e I _ Date L1 f Z D/if
1
me thi da C Date
By: Date
For the Register Date
BOND Required: ❑ YES `0 N To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters................. . . .... $ O Attorney Signature:
( )Short Certificates(s) . ... ..
( )
Renunciation(s). ... .... . . `
( )Codicil(s) . .. .. . . ... . ...
( )Affidavit(s). ...... . . .... A
Bond ,., , , , , Printed Name: SUSAN H. CONFAIR
Commission ...... ... ......... .. Supreme Court
Other ID Number: 70241
WI [� . . . .... . . I _
Firm Name: REAGER &ADLER, PC
Address: 2331 MARKET STREET
CAMP HILL PA 17011
• •••• • • •• Phone: 717-763-1383
•••.•. .. Fax: 717-730-7366
Automation Fee .......... ..... . . Email: SCONFAIRAREAGERADLERPC.COM
JCS Fee ........... ......... . . . U
TOTAL .................. . . . .$ O
DECREE OF THE REGISTER V
Estate of CARLA A. MARSHALL File No: 1 -1 o 0
a/k/a:
AND NOW, ►"y i� (y ,tel�-( , in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters
are hereby granted to
in the above estate and(if applicable)that
the instrument(s)dated `
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
egis er o Wills
Form RW-02 rev.1011112011 age of 2
LLP\ClientsNaithalI
March 26,2010
LAST WILL AND TESTAMENT
OF
CARLA A. MARSHALL
I, CARLA A. MARSHALL, of Enola, Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and
Testament, hereby revoking any and all prior Wills and Codicils thereto by meat anytime heretofore
made.
1. FAMILY.
1.1 Identification of Family. I declare that I am married to ROBERT V. MARSHALL and
that there are two (2) children of this marriage whose names are BOBBY V. MARSHALL and
DAVID E. MARSHALL.
1.2 Definition of Family Terms. As used in this Will, the term "my spouse" shall mean only
ROBERT V. MARSHALL. As used in this Will, the terms "my child" or "my children" refers
to all my natural children and adopted children. As used in this Will, the term "issue" refers to
all lineal descendants of the indicated person of all generations, with the relationship of parent
and child at each generation determined by the definition of "child/children" set forth in this
paragraph.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my &xeSutor to pay` theme
expenses of (1) a funeral or memorial service; (2) the internment of my renmi>A, inclu&ng jRem
costs of a gravesite, if necessary; and (3) the installation and inscription of a-suzflable n W�ker`-RI,�
and perpetual care of, the gravesite. I further direct my executor to pay all of,r1Tj gibts,Jat �m
executor in his or her sole discretion may allow as claims against my estate. -�
o 0
3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. o
M
3.1. Specific Devise. I hereby specifically devise the following items: CD
rn
3.1.1. My hand built Grandfather clock to DAVID E. MARSHALL.
3.1.2. My antique Tiffany style lamp to ANN MARSHALL.
3.2. Disposition to Spouse. I give all of my tangible personal property of every kind and
description, including, but not limited to, books, pictures, clothing, articles of household or
personal use or adornment, household furnishings and effects, and automotive vehicles and their
accessories, but excluding any money, evidences of indebtedness, •documents of tit e, and
All-L Ilt" ,c
Carla A. Marshall
i
LLP\GIientsNa>shalI ,
March 26,2010
securities and property used in connection with the operation of any trade or business, to my
spouse.
3.3. Alternative Disposition. If my spouse does not survive me by more than sixty (60) days
after the date of my death, and any of my children survive me, I direct my executor to divide my
tangible personal property into two parts. The first part shall contain all items that my executor
determines, to be of no present or future value or use to my children. The second part shall
contain the balance of the property. My executor shall dispose of the first part by sale,
abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be
added to my residuary estate. All property in the second part I give to my children, in
substantially equal shares, to be divided among them as they shall agree. If no agreement is
reached within (60) days after my death, all property in the second part shall be divided among
all my children in such manner as my executor shall direct. The decision of my executor shall be
conclusive and binding on all persons interested in my estate.
Any item of personalty passing to a minor under this Section 3.2 may be delivered to the minor
or to any person to hold for the minor, as my Executor thinks advisable, and the receipt by any
such persons, including the minor, shall constitute a full and complete discharge to my Executor.
4. DISPOSITION OF RESIDUARY ESTATE.
4.1. Disposition to Spouse. All of the rest, residue and remainder of the property that I own
at the time of my death, both real and personal, and of every kind and 'description, wherever
situated, to which I may be legally or equitably entitled at the time of my death (my "residuary
estate"), I give outright and absolutely to my spouse, if he survives me.
4.2. In the event my spouse is not living on the sixtieth (60) day after the date of my death, I
leave all the rest, residue and remainder of the property that I own at the time of my death, both
real and personal; and of every kind and description, wherever situate, to which I may be legally
or equitably entitled at the time of my death (my "residuary estate") in equal shares to my
children, BOBBY V. MARSHALL and DAVID E. MARSHALL; PROVIDED THAT, if
BOBBY V. MARSHALL shall predecease me, then I leave his share to DAVID E.
MARSHALL, and PROVIDED THAT, if DAVID E. MARSHALL shall predecease me, then I
leave his stare to DAVID E. MARSHALL.
5. POWERS OF ADMINISTRATION.
5.1. Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 5. These powers and authorities
may be exercised by my executor and trustee in their sole and absolute discretion, without the
permission or order of any court. These powers shall be supplementary to those conferred by
law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania
Consolidated Statutes.
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Carla A. Marshall y
LLPOientsWarshall
March 26,2010
5.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate, however received and acquired, for so long as they deem appropriate. This power may
be exercised even though the property may not be;of the type authorized by law for investment,
and even though the retention may leave a disproportionately large amount of the value of my
estate invested in one type of property.
5.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own at
the time of my death, or that may come into my estate or after my death.. The sale, transfer, or
conveyance may be by public or private sale, at such time, on such terms and conditions,
including selling price and credit, in such manner, and for any reason that my fiduciaries deem
appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
5.4. Investment. My fiduciaries shall have the power to invest and reinvest any property in
my estate in preferred and common stocks, bonds, notes, common trust'funds (including any
managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases,
mortgages on property wherever located, and, generally, in any property and in proportions of
property as my fiduciaries deem advisable, even though the investments are not of the character
or proportions authorized by applicable law for the investment of the funds:
5.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for 'any periods of time, and on any terms and conditions as' they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate to secure repayment of any loan, as well as the
power to renew existing loans either as maker or endorser.
5.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
5.7. Distribution in Cash or in Kind. My fiduciaries shall have. the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended,
or other applicable law, and to determine which assets shall be sold and which shall be
distributed in kind, without notice to or consent by any beneficiary.
5.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a minor,
an incompetent, or who in the fiduciaries' judgment is incapacitated. ; The distributions or
payments shall be made in any one or more of the following ways: (1) directly to the beneficiary;
(2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the
guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors,
including to my fiduciaries in that capacity; or (6) to any other person who shall have the care
and custody of the person of the beneficiary. There sh ll be no duty to see to the application of
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Carla A. Marshall
LLPOientsWafshall
March 26,2010
funds so paid, provided due care was exercised in the selection of the person to whom the funds
were paid, and the receipt of the person shall be full acquittance of the fiduciaries.
5.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in which I
may have any interest at the time of my death for any period of time, or to. liquidate the business
on any terms as they deem appropriate. This power includes, but is not limited to (1) the power
to invest additional sums in any business, even to the extent that my estate may be invested
largely or entirely in the business, without liability for any loss resulting from lack of
diversification; (2) the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary under this
Will; and (3) the power to make any other arrangements in regard to any business as my
fiduciaries shall deem proper.
5.10. Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment
counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries
deem advisable in the administration of my estate.
5.11. Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate without'µthe approval of any
beneficiary or of the court, but subject to allowance or disallowance on the,settlement of the final
accounts of my fiduciaries.
5.12. Third Party Reliance. No person or corporation dealing with'my executor shall be
required to see to the application of any property paid or delivered to my-executor, or to inquire
into either the authority of my executor to enter into any transaction or the expediency or
propriety of any transaction entered into by my executor.
5.13. Charitable Donations. In the event that any of my tangible personal property is donated
to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s)
as an inheritance tax deduction for any inheritance tax return which may be required to be filed as
a consequence of my death.
6. PAYMENT OF DEATH TAXES.
6.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my residuary
estate as a part of the expenses of the administration of the estate.
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Carla A. Marshall
LLROlientsNarshall
March 26,2010
6.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will or
other transferee.
7. EXECUTOR.
7.1. Appointment. I name, constitute, and appoint my son, BOBBY!V. MARSHALL, as
executor of my estate. If my named Executor shall not survive me, shall not serve as executor for
any reason, or shall cease to serve as executor for any reason after appointment DAVID E.
MARSHALL shall act as executor in his place.
7.2. Bond Not Required. None of the individuals named in Section Tl shall be required to
furnish a bond for the faithful performance of his or her duties as executor.
S. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in
determining whether a person has survived me or another person, (1) my spouse shall be deemed
to have predeceased me unless it unmistakably appears by proof that he survived me; and (2) in
all other cases, a person shall not be deemed to have survived me or another person if he or she
dies within sixty (60) days of my death or of the death of the other person.
9. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary
under this Will, or to any other persons, except through actual fraud or willful misconduct on the
part of the executor. My executor may, from time to time, consult with counsel with respect to
the meaning, construction, and operation of this Will, particularly ;with respect to the
appointments, allocations, and disbursements, and may act on the advice of counsel in all matters
without incurring liability on account of his or her actions.
10. INTERPRETATION.
10.1. Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor, persona
representative, or administrator, as the case may be.
10.3. Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
10.4. Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a
part of this Will.
1
5 C �
Carla A. Marshall
10.5. Governing Law. This Will shall, be construed in conformity, with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of six (6) typewritten pa es, the first five (5) of which bear my signature in the
margin for the purpose of identification, this (p C9rbay of March, 2010.
CARLA A. MARSHALL, TESTATRIX
Signed, sealed, published and declared by the above-named Testatrix, CARLA A.MARSHALL,
as and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight
and presence and in the sight and presence of each other, have hereunto subscribed our names as
witnesses.
Witness Address
Witness AMress
6
LLP\Ciients\Marshall
March 26,2010
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
1, CARLA A. MARSHALL, THE TESTATRIX WHOSE NAME IS SIGNED TO THE 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.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY CARLA A. MARSHALL,
ED_
THE TESTATRIX, THIS 'DAY OF MARCH, 2010.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L.Brenneman,Notary Public CAR A. MARSHAL TESTATRIX
Camp HIII Boro,Cumberland County
My Commission Expires June 18,2010
Member,Pennsylvania Association of Notaries
TARY PUBLIC '
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND ) C / /
WE, w.. •�_ �e� AND J��� 4, A(V6fZ.
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY
QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE
AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND
TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
r
HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE
BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS
OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS GDAY OF
MARCH, 2010.
WITNESS
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal /% �C/
Deborah L.Brenneman,Notary Public WIT
Camp Hill Boro,Cumberland County
My Commission Expires June 18,2010
Member,Pennsylvania Association of Notaries V_
N TARY PUBLIC
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