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HomeMy WebLinkAbout01-07-15 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COLJNTY, 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: RICHARD ALAN ELLIS File No: ��" ���' /��� p a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: DECEMBER 26,2014 Age at death: 75 Decedent was domiciled at death in Cumberland County, enns lvania (Srare) with his/her last principal residence at 125 Walnut St Carlisle, 17013 Carlisle Borou h Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at West Shore Pinnacle Hosoital Mechanicsbure PA 17050 Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania... .... .... ..... .. ........ .. All personai property $ 500.00 If not domiciled in Pennsylvania. .. .... . .... .. .... .. .. .. Personal property in Pennsylvania $ If not doneici[ed in Pennsylvania. ...... . . . . ....... .... .. Personal property in County $ Va[ue of real estate in Pennsylvania............. ........... .......... ........... .... ........ $ (,�, ���� TOTAL ESTIMATED VALUE. . .. $ 60,500.00 Real estate in Pennsylvania situated at: 125 Walnut_Street Carlisle,PA 17013 Cumberland (Attach additional sheets,ifnecessary.) 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 14,2012 and Codicil(s) thereto dated N/a State relevant circumstances(e.g.renunciation,deuth 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. �NO EXCEPTIONS �EXCEPTIONS � B. Petition for Grant of Letters of Administration (Ifapplicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,da�rante minoritate 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 U�e 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 Q EXCEPTIONS Gi�, � PF�tloner(s),after;�proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach � � a�{l�ional she�ets,u�necessary): <-�' - �� • �a_ �"'' �1ame Relationshi Address t.r� t_ Cl.. �-' '.:-' C`_ � t-'' . ".� . G'� G.._ • .., [s.l i..,.! N L.:.�l �:_ _��.d C»;] .� ..� �,�._ CL � ` � p - � � C't� "> _ W �� � � L'C � CJ Form RW-01 rev. l0/l!/20!! �" Page i Of 2 L��� Oath of Personal Representative off��a�us�o�iy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address � Peter Lewis Ellis 69 Drawin Arm Lane Martinsbur WV 25403 � �-^ � � � � � � �'j .+-. C,_. ..,,{ - C"+-t C` ��� ,:ie7 ,,_.. .� t.^� �-� .:.�� -r1 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the bes�o�t�elY�hi owied�e ands,',�elte of Petitioner(s)and that,as Personal Representative(s)of the Decedent,th e ioner(s)will well and truly administer�he estate accor�g to l�w.� Sworn to r affirmed a subscribed before � --�;�Date �-��/� �' me this �day o �v/,� Date By: Date or e oister Date BOND Required: � YES Q NO To the Register of Wills: FEES' Please enter my appearance by my signature below: � � Ob Letters . . . . . . . . . . . . . . . . . . . . . . $ ��� Attorney Signature: ( ,3) Short Certificate(s). . . ., . ( )Renunciation(s).. . . . . . . . / ._. � ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Jacqueline M. Verney,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court th r, . . . . . . . . � ID Number: 23167 1 . . . . . . . . . . . . . . . Firm Name: Carrucoli&Associates . . . . . . . . Address: 44 S. Hanover Street . . . . . . . . CarliSle, PA 17013 V . . . . . . . . � 0 . . . . . . . Phone: 717-243-9190 Automation Fee. . . . . . . . . . . . . . . ' Fax: 717-243-3518 JCS Fee. . . . . . . . . . . . . . . . . . . . . • Email: �mvernP��g a�l nnin TOTAL. . . . . . . . . . . . . . . . . . . . . $ —6:66 �5U DECREE OF THE REGISTER Estate of RICHARD ALAN ELLIS File No: ,�/ —����Q�((J a/k/a: AND NOW, l , 2O1� , in consideration of the foregoing Petition, satisfactory proof ha ng been presented b ore me,IT IS ED that Letter � C are hereby granted to e �� L� � /J�" _� in the above estate an�l(if applic ble)that the instrument(s) dated D /� � described in the Petition be admitted to probate and iled of record as the last Will (and Co i �1(s)) of Decedent. � egist r of Wills Form RW-01 rev.l0/1!/20/1 2 ('\� � � !�J � Cl'1 � � Q �.� � � � LAST WILL AND TESTAI►�NT ��; � � � �n � ,da r— ---� � �.;;;_ ,. FT1 C e'; C�'"E x. � _,.,.r -J .?,3 C:7 �F ':':� c:7 " � c::., � _et �'r , .� cy.,, _� —� � c:. ,r RICHARD ALAN ELLIS ° , �i '�`�` c= '�' ., c,� v� ca rV `�T I, RICHARD ALAN ELLIS, of 125 Walnut Street, 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 and making void any and all former Wills, Codicils, or writings in the nature thereof, by me at any time heretofore made. FIRST: I hereby direct my Personal Representative to pay all my just debts, funeral and administrative expenses out of my estate, as soon as practicable after my death. SECOND: I direct that all taxes which may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid out of my estate as a part of the administration of my estate. THIRD: My final arrangements shall be made in accordance with the requests I have made known to my Personal Representative. FOURTH: I give and bequeath such of my personal property as may be listed on an unsigned memorandum kept with my Will to persons named thereon, provided they survive my death. Should such a memorandum not be found with my Will, it shall be conclusively presumed that /i�rtc. none was prepared, and all of my personal property shall be considered a part of the remainder of my estate. FIFTH: I hereby give, devise and bequeath the remainder of my estate, real, personal or mixed, whatsoever and wheresoever situate, in equal shares, share and share alike, to: PETER LEWIS ELLIS,ELISABETH HALLER ELLIS LEBUFFE and CHRISTINE ELLIS PRICE. In the event that any of my before named beneficiaries are not living at the time of my death,their share shall be divided equally among the issue of said deceased beneficiary,per stirpes. In the event that any of my before named beneficiaries are not living at the time of my death, and do not have issue surviving, their share shall lapse or be divested and shall be divided equally among the surviving beneficiaries. SIXTH: I hereby nominate, constitute and appoint PETER LEWIS ELLIS to be Executor of this my Last Will and Testament. In the event that he is deceased, unable or unwilling to serve in said capacity, then I nominate, constitute and appoint ELISABETH HALLER ELLIS LEBUFFE as Executrix. In the event she is deceased, unable or unwilling to serve in said capacity, then I nominate, constitute and appoint CHRISTINE ELLIS PRICE as Executor. I direct that my personal representative(s) shall not be required to give bond or security for the performance of their duties in any jurisdiction. In the event that my personal representative desires local legal support, I recommend Jacqueline M. Verney, Esquire, but said recommendation is not determinative and is left to the discretion of my personal representative. ��� SEVENTH: In addition to the powers conferred by case law, by statute and by other provisions of this Last Will and Testament, my personal representative, and any successors in that capacity shall have the following discretionary powers applicable to all real estate and personal property held by them, which powers shall be effective without Order of any Court and which shall exist and continue until the time of actual distribution: A. To retain any property of any nature received by them for whatever period it shall be deemed advisable; B. To invest and reinvest all or any part of the assets of my Estate without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of the assets of my Estate, for cash or on terms, publicly or privately, or to lease, without liability on the purchasers to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Will; E. To borrow money, if necessary to facilitate the administration and closing of my Estate, including the right to borrow money from any bank, and to mortgage or pledge any asset of the estate as security; F. To loan to, and to purchase assets from, my Estate, even if also acting as Executor thereof; G. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and similar incidents or matters in the absence of information deemed reliable without liability for disbursements made on such assumption; H. To make any distribution hereunder either in kind or in money, or partially in kind or partially in money, considering of course the reasonable wishes of the beneficiary. Distribution in kind shall be made at the appraised value of the property distributed, as it is set forth in the Inheritance Tax Return filed in my Estate; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder; and to delegate authority with respect thereto, to deposit ��4 investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To continue in any partnership,joint venture,joint ownership or other business enterprise of which I am a part at the time of my death; K. To compromise claims; L. To continue for whatever period of time my personal representative shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I would have done had I been living; M. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of the assets of my Estate; N. I direct that my personal representative shall be compensated for the services they render as Trustee and Executor under this my Last Will and Testament; O. Should any changes occur in the Internal Revenue Code or Pennsylvania statutes after the date of the execution of this Will which affect the tax liability of my estate, then to the extent possible and as may be permitted by law, my personal representative shall have the power and discretion to interpret this Will and to administer my Estate in a manner which results in the lowest tax liability possible; P. Should the principal of any Trust herein provided for be or become too small, in the TRUSTEE'S discretion, so as to make establishment or continuance of the Trust inadvisable, my TRUSTEE or my Executor may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in proportions they are entitled to income. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income beneficiary or in remainder shall cease. IN WITNESS WHEREOF, I hereunto set my hand and seal this � � � day of �tl �.t�,t,�V^ , 2012. � �'�� '�� � Wl�-- RICHARD ALAN ELLIS SIGNED, SEALED, PUBLISHED and DECLARED in the presence o£ /"l • ��� PERSONAL PROPERTY MEMORANDUM OF RICHARD ALAN ELLIS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. AFFIDAVIT We, Richard Alan Ellis,J,a��c�rN� /l.t.� ���' , �r��c �, �j�2 � the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Last Will and Testament as witness and that to the best of their knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. TESTATOR,��Gn/G� ,�l(,I•���,residing � �(�I' �� �� • P�%�,�v� '�J �.n,�,c,,. WITNESS, �-�.�c�-.� � residing at �--��, �_, � � WITNESS, residing at Co,v����?�t . �►'4 Subscribed, sworn to and acknowledged before me by Richard Alan Ellis, Testator, and subscribed and sworn to before me by Jp�-�t�u�� �v , v£,2fJ� , �L �d ��-� �. � ���{ , the witnesses, this /`� day of ����1'���� , 2012. �' � � �(�r;uR_ ��� Notary Public COMMONWEALTH OF PENNSYLV/1C'+�1� Notarial5eal ' Valerie F.65e11,Notary Pubiic Carllsle Boro,Cumberland County M Cpfnmission Expires Oct.9,2014 MemGar. ar�n§�rldans��ciation of Mofi��es ACKNOWLEDGEMENT I, Richard Alan Ellis, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to the 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. _ �\/wV�'�� ��� �V�---� RICHARD ALAN ELLIS Sworn r affirmed and acknowledged before me by Richard Alan Ellis, the Testator, this�day of ����C�}'J�,�,U , 2012. /�/� �� g � � e COMMONWEALTH OF PENNSYLVAlVIf� VLt.�vl.�-c- � Notariaf Seal Notary Public Valerie F.Gsell,Notary Public Cahisie Boro,Cumberland County My Commisslon Expires Oct.9,2014 M�ambt�r.ka�nn�iaa.��a��iatlon of NoWHes REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA - � ��� '^ y °F ��M 6 � f��� eF,Q No. 2095- 000�6 PA No. 2�- 15- 0016 O� � � Es ta te Of: R/CHARD ALAN ELLIS ,� D Z lFust,Middle,LastJ � � v � .�� La te Of: CARLISLE BOROUGH CUMBERLAND COUNTY Deceased Social Security No: 1750 WHEREAS, on the 7th day of January 2015 an instrument dated November 14th 2012 was admitted to probate as the last will of R/CHARD ALAN ELLIS (Fiist,Mrddle,Last/ late of CARL/SLEBOROUGH, CUMBERLAND County, who died on the 26th day of December 2014 and WHEREAS, a true copy of the wi11 as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wi11s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: PETER L ELLIS who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which ful l y appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 7th day of January 2015. /" - !/ �� jr� j;/ � _,____�__ � f `} i" L',- _ ' .��=���� �i'�-' :���' '��t�;,��"L�' Register of Wills ,-�— �- -- � ; , ; ' o tx.. u r,�_ i'—'7- ,� ,� d� / i" � \ � �i �, c:: , _ � '��`�� --' � (_.� 'f� � � -�`��-� � � ,_,.. w . Deputy� ,, �_ �.r.._ � i ��' t_ Cl— {}7 �` �. j� �i � <;=.: �� . . r ---� " ti..:;: � C:';:: [�— ��1 � �, � S.E..1 .....1 � i :;. � t.t�l C.;+= U' � � � �? p � � � � � Lt�J � � � �: � **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)