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HomeMy WebLinkAbout01-28-15 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 Name: ELSIE HAZLETT File No: c — 6-01W a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 1/21/2015 Age at death:91 Decedent was domiciled at death in CUMBERLAND County, pENNsyLVANIA (State)with his/her last principal residence at 13 S.HANOVER ST.APT.204,CARLISLE,PA. 17013 Street address,Post Office and Zip Code City,Township or Borough County Decedent died at I I i S.FRONT ST. 17101 HARRISBURG, DAUPHIN PA. Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If'donticiled in Pennsylvania...... ... . .. .. .... . . .. . . .... All personal property $ 42,000.00 If not domiciled in Pennsylvania. . . . .. .. . . .. .. . . .... . ... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ...... ........... ..... Personal property in County $ Value of real estate in Pennsylvania......... ..... ..»........ ........ .......... .......... .... $ 1.000m TOTAL ESTIMATED VALUE. ... $ 43,000.00 Real estate in Pennsylvania situated at:NONE (Attach additional sheets,ifnecessao,) Street address,Post Office and Zip Code City,Township or Borough County flV C= A. Petition for Probate and Grant of Letters Testamentary 0 Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated APRIL 18TH,29(=) and Codici](9)11. thereto dated M -- State relevant circumstances(e.g.renunciation,death of executor,etc.) 1k) 'T> r— r\) r 7 M CO cr) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,wa'&of pifYy to gnidiin.o-g�:,, L r divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and didM. �-� t JQv 6-a c I I i I Irl adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. rj C.0 rn @ NO EXCEPTIONS 0 EXCEPTIONS 3 B. Petition for Grant of Letters of Administration (If applicable) e.t.a.,d.b.n.,d.b.n.c.t.a.,pendentc lite,durante absentia,durante minoritale If Administration,e.t.a. or d.b.nx.ta.,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 killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search hasAiave ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(attach additional sheets,if necessary): Name Relationship Address Form RW-02 rev.1011112011 Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Petitioner(s)Printed Name Petitioner(s)Printed Address GREGORY S.HAZLETT 7 WEST MAIN ST.MECHANICSBURG,PA. 17055 The Petitioner(s)above-named swear(s)or affirm(s)the statements in statements regoing Peti 'on are t e and'correct to the best of the knowledge and belief ol�a t of Petitioner(s)and that,as Personal Representative(s)of the D -ede ,the Petitione )wi ell- truly administer the estate according to Ow. Sworn to or affirmed and subscribed before Date me thisgJE5�h IZ e"V /0"ON Date day of By: t fle kUyz��� Date For the Register Date BOND Required: 0 YES E) NO To the Register of ills: FEES; Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ q0 Attorney Signature- Short Certificate(s)... . . . Renunciation(s).. . . . . . . . Codicil(s). . . . . . . . . . . . . Affidavit(s).. . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . rinted Na e: GREGORY S. HAZLETT Commission. . . . . . . . . . . . . . . . . . Suprem ourt Other W10 15 ID N mber: 69528 . . . . . . . . I Vi" Azyx rMtry__). . Firm Name: GREGORY S. HAZLaT,ESQUIIW M . . . . . . Address: 7 WEST MAIN SIR Phone: 717-790-5500 Automation Fee. . . . . . . . . . . . . . . 5 Fax: 717-790-9279 Z2 JCS Fee. Email: adliternapa-riet C' M TOTAL. . . . . . . . . . . . . . . . . . . . . $ C> DECREE OF THE REGISTER ll Estate of ELSIE HAZLETT File No: a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented efore me,IT IS DECREED that Letters SL1_ are hereby granted to , (�D=Q13t=j �1-1— �_j in the above estate and(if applicable)that the instrument(s) dated N261 I it, described in the Petition be aAmitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. /Q�jx 4 ykw &" , ster of WiAs -/per wq�kWdf�l a Form RW-02 rev.1011112011 ji�e 2 of 2 RECORDED OFFICE OF LAST WILL. AND T TAM 'Tf/: i� �'ti l_S ?MI5 J19N 28 AN 9 35 ELSIE R., HAZIX---,'-TT CLEF,'i` OF ORPHANS' COURT CUMBER L I, Elsie R. Hazlett, a resident of the town of Drums, County of Luzerne, Commonwealth of Pennsylvania, declare this to be my Will. I revoke any and all Wills and Codicils that I have previously made. IDENTIFICATION OF FAMILY 1.01. I declare that I am widowed and that there are as of the effective date of this my Last Will and Testament, a child born to me and of the name of Gregory S. Hazlett. DEFINITION OF FAMILY TERMS 1.02. As used in this Will, the term "my children" refers to all my natural children, including any that may subsequently be born. My "natural children" include those born outside of lawful marriage and any with regard to whom my parental rights have been terminated. The term "my children" also includes all my adopted children and any that I may subsequently adopt. The term "my children" excludes all other persons, including any stepchildren or foster children who reside with me or who may subsequently come to reside with me. 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"children" set forth in this Paragraph 1.02. 1 A 1 P- ARTICLE 2. PAYMENT OF BURIAL EXPENSES AND DEBTS DESCRIPTION OF EXPENSES AND DEBTS 2.01. I authorize my executor(s) to pay all the expenses of (1) a funeral or memorial service; I further direct that I am to be cremated and direct my family to do whatever they deem appropriate with my ashes. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow as claims against my estate. ARTICLE 3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY DISPOSITION TO CHILDREN 3.01. I give all of my tangible and intangible 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, and including any money, evidences of indebtedness, documents of title, and securities and property used in connection with the operation of any trade or business, to my Son Gregory S. Hazlett Esquire. ALTERNATIVE DISPOSITION TO GRAND-DAUGHTER 3.02. If my child does not survive me, I give all such tangible and intangible personal property to my Grand-Daughter, Carlene Ann Hazlett and any of my child's issue to be divided equally. The decision of my executor shall be conclusive and binding on all persons interested in my estate. 2 ARTICLE 4. DISPOSITION OF RESIDUARYESTATE DISPOSITION TO CHILDREN 4.01. All of the rest, residue, and remainder of the property that I own at the time of my death, real property and personal, and of every kind and description, wherever situated, or located, to which I am legally and/or equitably entitled, at the time of my death (my (residuary estate"), I give outright and absolutely to my Son Gregory S. Hazlett Esquire. ALTERNATIVE DISPOSITION TO GRAND-DAUGHTER 4.02. If my Son, Gregory S. Hazlett, Esquire, pre-deceases me, I give the rest, residue, and remainder of all real property wheresoever located to my Grand-Daughter, Carlene Ann Hazlett and issue born from my child if any, to be divided equally between and among them. FINAL ALTERNATIVE DISPOSITION 4.03. If any part of my residuary estate is not completely disposed of by the provisions of paragraphs 4.01, 4.02, due to the death of the beneficiarie(s) and alternative beneficiarie(s) prior to my own death, I give that part of my residuary estate to the persons who would receive it under the intestacy statutes of the Commonwealth of Pennsylvania in effect at the time of my death. ARTICLE S. APPOINTMENT OF EXECUTOR APPOINTMENT 5.01. I appoint my Son Gregory S. Hazlett, Esquire as executor of my estate. If my child does not survive me, refuses or fails to serve as executor for any reason, or ceases to 3 T � serve as executor for any reason after having been appointed,then I appoint my Daughter- in-law Christina Hazlett to serve as the Executrix of my Will. POWERS OF EXECUTOR 6.01: I confer on my executor(s) the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments, and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments"; to make distribution in cash or in kind; to allocate to any beneficiary property different from the property allocated to another beneficiary as the executrix using fair market values on the date of distribution deems appropriate; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. BOND NOT REQUIRED 7.01. None of the individuals named in Paragraph 5.01 shall be required to furnish a bond for the faithful performance of his or her duties as executor. ARTICLE 8. POWERS OF ADMINISTRATION GRANT OF POWERS 8.01. In the administration of my estate, my executor(s) shall have the powers and authority set forth in this Article. These powers may be exercised by my executor in his 4 f 1 or her sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to the powers conferred by law, including but not limited to those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes . RETENTION OF ASSETS 9.01. My executor(s) shall have the power to retain any or all property of my estate, however received or acquired, for so long as my executor deems appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though retention may leave a disproportionately large amount of the value of my estate invested in one type of property. TRANSFER OF ASSETS 10.01. My executor(s) 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 at 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 executor deems appropriate, so long as the beneficiaries herein named receive the full value of the assets for which they are entitled under the terms, and conditions of this my Last Will and Testament. INVESTMENT 11.01. My executor(s) shall have the power to invest and reinvest in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate executor), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my executor deems advisable, even though such investments are not of the character or proportions authorized by applicable law for the investment of such funds. 5 1 i Y POWER TO BORROW 12.01. My executor(s) shall have the power to borrow money for any purpose for any periods of time and on any terms and conditions as my executor deems advisable (including the power to borrow from any corporate executor), and to pledge, mortgage, or otherwise encumber any property to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. DISTRIBUTION IN CASH OR IN HIND 12.01. My executor(s) shall have the power to make distributions in cash or in kind, or partly in each, in divided or undivided interests, and the power to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. DISTRIBUTION TO MINORS AND PERSONS UNDER DISABILITY 13.01 My executor(s) 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 executor's 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 executor in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of 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 executor. 6 Y DISPOSITION OF BUSINESS INTERESTS 14.01. My executor(s) 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 my executor deems 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 an executor under this Will; and (3) the power to make any other arrangements concerning any business interest as my executor shall deem proper. EMPLOYMENT OF AGENTS 14.02 My executor(s) 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 executor deems advisable in the administration of my estate. COMMISSIONS 14.03 My executor(s) shall have the power to take reasonable commissions on account at any time during the administration of my estate without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final account of my executor. THIRD PARTY RELIANCE 14.04 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 7 I I authority of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. ARTICLE 15. PAYMENT OF DEATH TAXES INHERITANCE TAX 15.01. I direct that the Pennsylvania inheritance taxes payable as a result of my death, not limited to taxes assessed on property passing under this Will, shall be allocated to and paid by the beneficiary of the property whose transfer is subject to the tax or paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. ARTICLE 16. LIABILITY OF PERSONAL REPRESENTATIVE LIABILITY LIMITED TO ACTUAL FRAUD OR WILLFUL MISCONDUCT 16.01. My executor(s) shall not at any time be liable for any mistake of law or fact or both, for any error of judgment, or for any loss coming to any beneficiary under this Will or to any other person, unless the loss was caused by 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 apportionments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. NO BOND REQUIRED 16.02 No bond shall be required of any guardian of the person or estate of my minor children who is appointed under this Will. 8 r. 7 APPOINTMENT OF TRUSTEE AND GUARDIAN OF ESTATES OF MINORS 17.01 I appoint my son Gregory S. Hazlett, Esquire as my executor, as guardian of the estates of minors with power to hold all property payable by law to a guardian appointed by my will and to use it for the minor's health, maintenance, support and education, either directly or by payment to any person selected by my executor to disburse it whose receipt shall be a complete acquittance. Guardian may, in discharge of all the guardian's duties, pay any minor's share deemed impractical of administration to the parent or other person in charge of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. My executor as guardian shall have the same powers as my executor, and shall serve without bond. Should Gregory S. Hazlett, Esquire be unable or unswilling to serve then I appoint my Daughter-in-law Christina Hazlett, as executrix of my Will. MEANING OF"SURVIVE" 17.02. No beneficiary of this Will shall be deemed to have survived me if the beneficiary dies within sixty (60) days of the date of my death. If I die simultaneous with my wife all of my personal and residuary estate shall pass to the alternative beneficiary(ies) in the order as enumerated, and identified within this document. If it cannot be determined as to the order of death as between myself and my spouse then all of my personal and residuary estate shall pass to the alternative beneficiary(ies) as enumerated and identified within this document. SUCCESSORS 17.03. All pronouns referring to an executor and the term "executor" shall be construed to mean any person acting as my executor or administrator with will annexed, as the case may be. 9 NUMBER AND GENDER 17.04. 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. HEADINGS 17.05. 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. GOVERNING LAW 17.06 This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. I have signed this will this 1153"' day of �St!?y-a 2002. ELSIE R.LfiXZET'T Aie4 S3°I F res* Pill OqcreS itness) (Address) itness Address 10 I , • r I COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss: ACKNOWLEDGMENT & AFFIDAVIT I, ELSIE R. HAZLETT, the testator in and the undersigned witnesses to the will, of the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a)that I,the testator, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testator sign and execute the instrument as his will,that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as a witness 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. LSIE R. HA ET ,TEST ruzA 23 Witness Wit ss nienle A-- ro-n! 'z' 639 fore U I Q Acres M� J•e6-61-- Address Address �40LZAr-*c)n.) fA I ZZ07- A�de4da?9 7 Sworn to and subscribed before me this 1b-'' day of , 2002 2'002 Notary Public. My commission expires: I "ON Seal: NOTARIAL L SEAL . JOHN R.KULIG,Notary Public West Hazleton Goro,Luzerne Co.,PA --My Cammission Expires 7-19-2004 11