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HomeMy WebLinkAbout01-16-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVArIIA Petitioner named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof avers the followulg and respectfully requests)the grant of Letters in the appropriate form: Decedent's Information �S� Name: Malinda J.Averett File No: ��c-�1��C � � � a/k/a: (A�guied by�,egist,�, o a/k/a: Social Security :�, � alk/a: Age at death: 3�'�; � ,-�—' �. � ? r�7 Date of Death: November 12,2014 T � ' r`.�: � ' `-' <;� c•� Decedent was domiciled at death in Cumberland County, Pennsylvania with her last prmcipal`���s�,t�en�t: �} ��? 29 West Coover Street, Mechanicsburg PA 17055 Mechanicsburg Borough Cumb�r�and Co�ty c--= � . µ�` !__,. Q � � Decedent died at: �y � 29 West Coover Street, Mechanicsburg PA 17055 Mechanicsburg Borough Cumberland County Esrimate of value of decedent's property at death: If domiciled in Pennsylvania ......... All personal property $32,000.00 If not domiciled in Pennsylvania..... Personal property in Pennsylvania $ If not domiciled in Pennsylvania.... Personal property in County $ i�alue of real estate in Pennsylvania ............................................................... $none TOTAL ESTIMATED l�ALI�E $32,000.00 Real estate in Pennsylvania situated at: Street address,Post Office and Zip Code City,Township or Borough County �A. Probate and Grant of Letters Testamentarv Petitioner avers he is the Executor named in the last Will of the Decedent, dated April 1, 2014 and there are no Codicils to the Will. State relevant CirCumstances(eg. renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry,was�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. �I NO EXCEPTIONS EXCEPTIONS: B.Petition for Grant of Letters of Administration (if applicable) c.t.a., . .n.c.t.a.;pendente lite; durante a sentia; urante 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 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): Oath of Personal Representative � oft�to�ai use oniy� ( I ! COMMONWEALTH OF PENNSYLVANIA ) � � ) SS. � � COUNTY OF CUMBERLAND ) Petitioner(s)Printed Name Petitioner s)Printed Address Morton G. Averett 4 0 1 n L ne Lon 11 N 07853 The Petitioner above-named swears or affirms the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, the Petitioner will well and truly administer the estate according to law. Sworn to or affirmed and /l� , `�G..T��� Date: � �� LO�� subscribed before me this � �p`� day of Date: ;-�� Vl.� ��_-��__._—_.__.,2015 � Date: ��-+ %? r��t ZJ � � � � �a By: - � -�r � :� v� ;:� For the Re s er :�� �-. r� �--� ; -i s-.�i �_' ...... �� rn ..,, c�.� , BOND Required Yes No To theRegister of Wills: -� � ;�, �� '7 �i FEES Please enter my appearance by sfg��t��e beTow: = �� �j (�� ' �=�7 C..J Y�... �,� Letters . . . . . . . . . . . . . . ... $ ` ►O'"" Attorney Signat re: �-,� ``� s. � O ( 3 )Short Certi�cate(s) . . $� - �� ( )Renunciation(s) ...... $ ��Q�,� � ( )Codicil(s) ............. $ ( )Affidavit(s) ........... $ Bond ........................... $ Printed Name: Andrew L. Saylor Commission.........:........ $ Supreme Court ID No: 57291 Other:�l�-f(kac. �� $ ��-€�; Firm Name: Gamaliel Law Firm ��l P In $ �'j-1� Address: 211 N. 32°d Street Automation Fee . ............ $ �S-,��) Paxtang PA 17111 JCS Fee ........................ $ �•� Phone: 717.686.7876 TOTAL ........................ $ ( ��•� Email: andy@gcc-law.com DECREE OF THE REGISTER Estate of Malinda J. Averett File No: �� � �� �(��� aka AND NOW, �� -� 1� , 2015, in consideration of the faregoing Petition, satisfactory proof having been presented before me, I DECREED that Letters ��(��1�_�-�-�_�'�a are hereby granted to Y � -�-�-}" in the above e and that the instrument dated , described in the Petition be admitted to probate and filed of record the st Will of Decedent. _ � ' � l:� • � ��'"� egister of Wil sl� �Y ,�����y�v ���Lc.�- WILL OF MALINDA J. AVERETT 1. Declaration. I hereby declare this to be my Will and revoke any prior wills and codicils. 2. Personal and Household Effects and Vehicles. If I have left a memorandum or other instructions which I have signed and which is dated on or after the date of this Will, giving specific items to particular persons or organizations, I direct my executor ta distribute them accordingly. I give all my other personal and household effects and vehicles to my parents, MORTON G. AVERETT and PAMELA J. AVERETT. Any items they do not choose to keep shall be given to charitable organizations or sold, as my executor determines, and the proceeds added to the residue. 3. Residue. I give the remainder of my estate — the "residue" — to my parents, MORTON G. AVERETT and PAMELA J. AVERETT. 4. Fiduciaries. A. Bond. My trustee and executor shall not be required to post bond. B. Relief f'rom liability. My executor shall be relieved of liability and indemnified to the fullest extent permitted by applicable law. C. Authoriry. In addition to their inherent and statutory powers, my executor shall have the authority to: (1) Make all decisions and carry out all matters related to my funeral and burial. (2) Renounce the right to administer any property which is of no value and disclaim any interest in property. (3) Sell property including real property at public or private sale; pledge, mortgage, lease, or exchange property including real property for any purpose of administration or distribution; and grant an option for the sale, lease, or exchange of property including real property. (4) Personally purchase properiy including real property from my estate or trust, without court approval, if the current adult beneficiaries are given full disclosure (including a written appraisal of the property being purchased) and consent in writing. �� c� � � � c o r�� (5) Receive reasonable and just compensation. � � s �' rn � c-a '� � -:€� �,, r-- t�-{-�� o..;i F, . f,' V/ �..W�i 4 - ` "� 7 4:�'' c..� � . .� � t.'"? ..�� � .,,w ,. [..4 ...t C�J 1'""' Page 1 of 3 � ;:, -�'� C�n s . � 5. Payment of taxes. Inheritance and estate taxes payable on account of my death, whether or not the property being taxed passes under my Will, shall be paid out of the residue of my estate in the same manner as a general administration expense. 6. Executor. I appoint my father MORTON G. AVERETT as executor of my estate. If he does not serve, I appoint my mother PAMELA J. AVERETT. If she does not serve, I appoint DAVID L. BARR. Having declared this instrument to be my Will, I have signed below. Date: April l, 2014 MALINDA . A RETT In our presence, the testatrix signed this instrument and declared it to be her Will, and at her request, in her presence and the presence of each other, we sign as witnesses. �!!��� ,�� � lh.¢�� COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Having been duly qualified according to law, I hereby acknowledge that I have signed this instrument as my Will, and that I have signed it willingly as my free and voluntary act for the purposes stated in it. Date: April 1, 2014 ,,•v��GCG� MALINDA J. A RETT We, the witnesses who have signed below, being duly qualified according ta law, da depose and say that we were present and saw the testatrix sign this instrument as her Will; that the testatrix signed it willingly as her free and voluntary act for the purposes stated in it; that we have signed as witnesses in the hearing and sight of the testatrix and each other; and that to the best of our knowledge, the testatrix is eighteen years of age or older, of sound mind, and under no constraint or undue influence. � � �U�� Sworn to or affirmed and subscribed to before me by the testatrix� d the witnesses who have signed above on the date stated above. �� � COMMONWEALTH OF PENNSVLVANtA Notary Publi NOTARIAL SEAI A�drew l. Saylor, Notary Pubiic Paxtang Borough, Dauphin County My Commission Expires July 30,201 A Page 2 of 3 PERSONAL AND HOUSEHOLD EFFECTS AND VEHICLES I give the following personal and household effects and vehicles to the persons or organizations named. Date: MALINDA J. AVERETT Page 3 of 3 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA I 1 �, p� � O� ��� - � ,. � . � , �� No. 2015- 00059 PA No. 21- 15- 0059 �`� ��� �•�� �-,-- , > J Es ta te Of: MALINDA J AVERETT O �i � �� (First,Middle,LasU � i`� � � ��� �� � La te Of: MECHANICSBURG BOROUGH � CUMBERLAND COUNTY M 1 1 � Deceased Social Security No: 149-76-5467 1750 WHEREAS, on the 20th day of January 2015 an instrument dated April lst 2014 was admitted to probate as the last will of MALINDA J A VERETT /Firs4 Midd/e,Lastl late of MECHAN/CSBURG BOROUGH, CUMBERLAND County, who died on the 12th day of November 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: MORTON G A VERETT who has duly qualified as EXECUTOR(R/Xl 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 20th day of January 2015. �. ,�: l �� �+�; �, ¢ j �r�a; � '\_(,./�''�_,l ��,� , ,� �i Register of Ul%,lls ��' � � � � �� ') i �..k �'�-,-� ����'l �t� �'�..�1 '��. 1.. �1 Deputy ; ; � **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)