Loading...
HomeMy WebLinkAbout12-09-14 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 � ,�1 I _/1��� Name: Garrv L David File No: y a/k/a: Garv L David (Assigned by Register) a/k/a:�y.1..Ynn Dav;� ��a: Social Security No: Date of Death: November 30 2014 Age at death: 71 Decedent was domiciled at death in Cumberland County,p�sy1yania (State)with his/her last principal residence at 145 Amv Drive Carlisle North Middleton Township Cumberland Countv Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 145 Amv Drive Carlisle North Middleton Townshiv Cumberland Countv PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domici[ed in Pennsylvania............................ All personal properry $ 40,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ n nn If not domiciled in Pennsy[vania. ....................... Personal property in County $ 0-00 Value of real estate in Pennsylvania......................................................... $ �_�� TOTAL ESTIMATED VALUE. ... $ 40 000.00 Real estate in Pennsylvania situated at: n/a (Attach additional sheets,if necessary.) 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 April 9,2014 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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q 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,c.t.a. or aLb.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a parry 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. � Q NO EXCEPTIONS �EXCEPTIONS � "� � M Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the foll�i�kpouse(i�)an�e�attach additional sheets,if necessary): Rl � � � ..�..{ C� Name Relationshi Ad�e� rr;.7 � � � i� � �,.y � ri E"� p � -�r1 ;,�, � � =: C7 r� F—+ C" � "�3 �—.s C!� ,�,1 Y � 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 Jessica Marie Aman 2503 Trini Court Chester S rin s PA 19425 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(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date /�� � /`� me this �`�. day of c't� . , 2C?��� ` Date By: � � Date For the Register Date BOND Required: � YES � NO To the Register of Wills: FEES' Please enter my appearance by my signature below: � n �� Letters. . .. . . . . . .. . . . . . . . . . .. $ ��t�`' Attorney Si nature: ( � )Short Certificate(s). . . . .. ��LJ-G�i ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . � ( )Affidavit(s)... . . . . . . . . . Bond.. . . . . . . . . . . .. . . . . . . . . . . Pri ed Name: Rona E.Johnson,Esq Commission. . .. . . . . .. . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 16453 ��,i►II . .. . . . ���,�� �y,�,�l �n�,� • • • • •• • • l�.�T�, Firm Name: Andrews&Johnson ��� . . . . . . . . _�~i,�nJ Address: �Q�z�A�.v�,,,frPr Street ('arlicla�pA 17013 � . . . . . . � � � � . . . . .. c,� rn c;, � � Phone: 717-243-0123 � � � � � . . . . . . . . Automation Fee. . . . . . . . . . . .. . . �;�'�' Fax: 717-243-0061 -� r --� a JCS Fee. . . . . . .. . . . . . . . . . . . . . � � -�y�;_ Email: ��nhncnn(n�na nPt �` �' rn tn � �-,. : a�. .-_.� �?4 �� ., TOTAL. . . . . .. . . . . . . . . . . .. . . $ ,�. .�_ Gn m; �� � � � -r� -xi DECREE OF THE REGISTER e� � � ►-.� � � . � Estate of Garrv L.David File No: 2� �`f'`�► d� lL^L% � �' Q a/k/a: Ga L.David and a/ka Ga L nn David AND NOW, C"1�l Vl , � 'P.�I�E,"1� �� , ��� ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentarv are hereby granted to Jessica Marie Aman in the above estate and(if ap�licable)that the instrument(s) dated A ril 9 2014 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. ' %� � (..�L�.�%��' l.�i Register of Wills� � ��� �� ����' � � Fo,m Rw-oz .�.roilliao�l / ����'����age 2 of 2 � c7 � c c � rn C� � � � � � LAST WILL AND TESTAMENT � � c� � v� � ...� ;�. r-� --� � r'_ -,;� r� � r-x� r'n ' Cr, '"� ::;7 r,:� �F' �� '°� r:"7 C,3 �� C`� �� 7^--jJ� ._�� "�7 ,,...} C::.) -•i7 'l -1-� .. GARRY L. DAVID ,�'`' �; r—• == c� � �._ rn _.e, --� r,.. �. F--+ (,,r) 4 CLIt '�l I, GARRY L. DAVID of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind,memory and understanding,do hereby make,publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. FIRST: I direct that all my just debts and funeral expenses,including my grave marker,shall be paid from the assets of my estate as soon as practicable after my decease. I do desire to be cremated and my ashes given to Maria Elena Martinez. If I have not made arrangements in advance for this,I direct that these arrangements shall be inade by my hereinafter named Executrix and should be paid for from the assets of my estate. SECOND: I give, devise and bequeath the residue of my estate, of every nature , and wherever situate as follows: A) 40%thereof to Jessica Marie Aman; � B) 40%thereof to Sydney Marie Hockenos; � C) 10%thereof to Monique LuAnn Hyde; and D) 10%thereof to Maria Elena Martinez In the event that any of the beneficiaries named in this Item Second of my Last Will and Testainerll preilecease me:,r di�an o:hefo:�t�e th::�tieth day fol�o�x�ing my death,T direct that their share shall be added to the other shares of my residuary estate in the same proportions they now bare to each other it being my intent that the percentages should be adjusted accordingly so that 100%of my residuary estate is in fact distributed in accordance with this Item Second of my Last Will and Testament. THREE: In the event that Jessica Maria Aman, Sydney Marie Hockenos; Monique LuAnn Hyde and Maria Elena Martinez all should predecease me or die on or before the thirtieth day following my death,I give,devise and bequeath the residue of my estate of every nature and wherever situate to my niece, Heather Dawn Keller. Page 1 of 6 FOURTH: I direct that should Sydney Marie Hockenos be under the age of 20 years;her share shall be paid to Jessica Maria Aman as Trustee to be held in Trust for the following uses and purposes: a. If the child is under age eighteen (18), to expend and apply so much of the net income(any income not expended or applied to be accumulated and added to principal),and so much of the principal of each Trust as the Trustee shall consider advisable for his or her support and education(including college education, both graduate and undergraduate, and vocational training) until he or she attains the age of eighteen(18)years. b. After the child attains the age of eighteen(18)years,to pay thereafter to such child the net income, together with so much of the principal thereof as Trustee shall consider advisable for the support and education (including college education, both graduate and undergraduate, and vocational training) of such child, after taking into consideration his or her other readily available assets and sources of income. c. When such beneficiary attains the age of Twenty (20) years, such Trust shall terminate and Trustee shall distribute absolutely to such beneficiary the entire then-remaining principal and any undistributed income of his or her separate trust. � d. If any such child or beneficiary shall die before receiving final distribution of his � or her entire share, the undistributed balance shall be distributed outright to his or her surviving issue,per stirpes,and in default of any such issue,then to my then living issue,per stirpes; the share of any beneficiary whose ariginal share is then being held in trust to be added to and treated as a part of that trust. e. All shares of principal and income hereby given shall be free from anticipation, assignment,pledge ar obligations of beneficiaries,and shall not be subject to any execution or attachment. FIFTH: I appoint Jessica Maria Aman,Trustee of the Trust created by this my Last Will and Testament. SIXTH: I hereby give and grant to my Executor and Trustee hereunder and their successors, hereinafter sometimes called "fiduciary" or "fiduciaries," the following powers, duties and discretion,in addition to those now or hereafter conferred by law,to be exercised in any capacity to which such powers may be applicable and in the best interests of my estate and beneficiaries: Page 2 of 6 a. To purchase ar otherwise acquire or receive, and to retain, whether originally a part of the probate or trust estate or subsequently acquired, any and all stocks, bonds, notes or other securities, or any variety of real or personal property, including stocks or interest in investment trusts and common trust funds, as it may deem advisable,including specifically authorization to retain,buy or sell any shares of the stock of any corporate fiduciary. b. To sell,pledge,mortgage,transfer,exchange,convert or otherwise dispose of,or grant options with respect to,any and all property at any time forming a part of the probate ar trust estate,in such manner,at such time or times, for such purposes, for such prices, and upon such terms, credits and conditions as it may deem advisable. � c. To borrow money for any purpose connected with the protection, preservation or improvement of the probate or trust estate,whenever in its judgment advisable, and as security to mortgage or pledge any real or personal property forming a part of the probate or trust estate,upon such terms and conditions as it may deem advisable. � d. To vote,exchange and otherwise exercise all rights,privileges or options in any way pertaining to the stocks, bonds, securities and other assets at any time belonging to the probate or trust estate; provided,however,that with respect to any shares of stock belonging to the probate or trust estate,the beneficiary hereunder may determine the manner in which said shares shall be voted, and may actually direct how such shares shall be voted. e. To hold investments in the name of its nominee. £ To make alterations of,repairs upon,additions to,and erect improvements upon real estate,and to make leases therefor for such terms as it may deem advisable. g. To make distribution of the principal and accrued income, if any, of the trust estate, to and among those entitled thereto at the termination of the Trust, in kind or in cash, or partly in kind or partly in cash, as it deems proper, just and equitable. h. To allocate receipts and expenses to principal or income,or partly to each, as my fiduciary, from time to time, deems proper in its sole discretion. Page 3 of 6 i. To compromise claims and to execute and deliver any and all instruments in writing which it may deem advisable to carry out any of the foregoing powers. No party to any such agreement in writing signed by the Executor or Trustee shall be obligated to inquire into its validity or be bound to see to the application by the Executor or Trustee of any money or property paid or delivered to it by such party pursuant to the terms of any such agreement. j. Trustee shall have the power to buy assets from and lend money to the Executor of my estate,and to advance funds without reimbursement for the payment of the expenses of the administration of my estate, including all taxes that may be assessed by reason of my death,and the Executor shall have the power to sell assets - to and borrow money from the Trustee oi the trust estate and to receive funds from the Trustee without the obligations of reimbursement for the payment of the expenses of the administration of my estate,including all taxes that may be assessed by reason of my death; provided, however, that benefits from qualified pension or profit- C� sharing plans received by the Trustee shall not be used for the purpose of paying such �� expenses or such taxes. k. To distribute the principal of the probate or trust estate to the then income beneficiary,if,in the Trustee's discretion,the amount of the principal of the probate or trust estate is so small as to be impractical or uneconomical to administer properly. SEVENTH: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed,shall be paid from my residuary estate as a part of the expense of the administration of my estate. EIGHTH: I nominate, constitute and appoint my friend, Jessica Marie Aman Executrix, of this my Last Will and Testament. Should my friend, Jessica Marie Aman fail to qualify or cease to act as Executrix I appoint Jennifer Renee Hockenos Executrix of this my Last Will and Testament. TENTH: I direct my Executrix and his successors and my Trustee and its successors shall not be required to give bond for the faithful performance of their duties in this ar any other jurisdiction. Page 4 of 6 IN WITNESS WHEREOF,I have hereunto set my hand and seal to this,my Last Will and Testament,consisting of six(6)typewritten pages,each identified by my signature,this—� day of Apri12014. (SEAL) arry avid Signed,sealed,published and declared by the above-named Testator,Garry L.David as and for his Last Will and Testament,in the presence of us,who,at his request,in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. Page 5 of 6 COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) I, Garry L.David 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. Sworn or affirmed to and acknowledged before me by Garry L. David the Testator,this �day of Apri12014. � (SEAL) G . avid, T stator Notary Public COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) We, RONALD E. JOHNSON and S , the witnesses whose names are signed to the attached or foregoin instrument,being duly qualified according to law,do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will and Testament; that Garry L. David signed willingly and that he executed it as his free and voluntary act for the purpose therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. worn r fi ed to and subscribed to before e by RONALD E. JOHNSON and � Jr �. �� ,/S , witnesses, this � day of A ril � SEAL) onal rtn s COMMONW�LTH OF PENNSYLVANIA SEAL) NOTARIAL SE��- SHELLY S�T��.�o��r�P���Icc , Witness � Carlisle E�o�o,Cum��e���I��,�p1� My��mrrrl��lc�n�xp Not Pu lic Page 6 of 6 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA �F C U/ye ��r . ,�'� r9µ� �� No. 2014- 01 160 PA No. 21- 14- 1 160 �� ��� � Estate Of: GARRYL DAVID OI�� �� (First,Midd/e,Lastl �� � � �� a/k/a: GARY L DAVID GARY LYNN DAV/D ^� � � 1 `� � r' � La te Of: NORTH MIDDLETON TOW�S�(P � rn � M N � , CUMBERLAND COUNTY �: �, � �' ¢ ✓ Deceased �' � �' � "{ �' 1750 Social Security No: "'� � .;:3 ! ` ` 4� � ..., � '� �'� r-ti � � � WHEREAS, on the 9th day of Decem.ber 2014 an instru3ri�t'��da2 d � � <.' � � � April 9th 2014 was admitted to probate as the last will� "� � � o ,,„ W �n GARRY L DA VlD IFiist,Middle,Last1 a/k/a GARY L DAVID GARY LYNN DAVID late of NORTH M/DDLETON TOWNSH/P, CUMBERLAND County, who died on the 30th day of November 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA 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: JESSICA MARIE AMAN who has duly qualified as EXECUTOR(R/X) 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 9th day of December 2014. � , ;"" �: , �� ;_� �°�. i.' ��, J a ' , Reg�ster of Wd/s �.' � r ,� { � , ( ,l , - ,��� 'i � �� ; v j _. Deputy **nTnTF** Ar,r, NAMFS ABOVE APPEAR (FIRST, MIDDLE, LAST)