Loading...
HomeMy WebLinkAbout03-12-15 rceset 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: ERMA R.MELLOTT File No: ,� ,� —rg� p-7 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: February 17,2015 Age at death: 84 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 91 Oneida Road,Camp Hill 17011 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough. County Decedent died at Claremont Nursing Home,Carlisle 17013 Carlisle 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 personal property $ 23,800.00 If not domiciled in Pennsylvania. .. . . . . ... ....... .. . .. . . Personal property in Pennsylvania $ 0-00 If not domiciled in Pennsylvania. . . .... ....... .. .. .... . . Personal property in County $ 0.00 Value of real estate in Pennsylvania... ........ ... ...... . . ... . .... . . .. .... .. ......... . .. . . . . . $ 140,000.00 TOTAL ESTIMATED VALUE. .. . $ 163.800.00 Real estate in Pennsylvania situated at: None (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 July 8, 1982 and Codicil(s) thereto dated None 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. NO EXCEPTIONS 0 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 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. 0 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): ,t c� rTti Name Relationship :A gess 7 Form RW-02 rev. 1011112011 Page I of 2 Oath of Personal Representative Oficial Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: REC0Q1 DE ` C�-F CE Cr COUNTY OF YORK } _, i r ,,�'' Petitioner(s)Printed Name Petitioner(s)Printed tt e _U, u.1911 L Richard Lee Mellott 95 Margaret Drive Mechanicsburg,PA 17050 CLi;i-.. :[ 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 � L Date 3- me -me tla�; day of , '? 5 Date By: (C �:�'11.P P �l��liffDP Ci1/f Date For the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: /r Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . $ V Attorney Signature: ( U ) Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . ( ) O. . . . . . . . . . . . . Codicil(s) ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . .. . . . . Printed Name: Michael Cherewka,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 35073 . . . . . . . . lei . . . . . . . . 1`i Firm Name: Michael Cherewka,Esquire . . . . . . . . t Address: 624 North Front Street_ . . . . . . . . Worrnleysburg,PA 17043 . . . . . . Phone: 717-232-4701 Automation Fee. . . . . . . . . . . . . . . Ib Fax: 717-232-4774 JCS Fee. . . . . . . . . . . . . . . . . . . . . (55160 Email: mrherewka4cherew1calaw-com TOTAL. . . . . . . . . . . . . . . . . . . . . 0 0.00 DECREE OF THE REGISTER Estate of ERMA R.MELLOTT File No: r_9`- 5—r4 P a/k/a: AND NOW, Mo fC \ 10 . U� ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Richard Lee Mellott in the above estate and(if applicable)that the instrument(s) dated July 8 1982 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. ' Register of Wills Form RW-02 rev.10/1112011 Page 2 Of 2 LAST WILL AND TESTAMENT OF � rri ERMA R. MELLOTT _'U I, Erma R. Mellott, of Camp Hill, Cumberland,-, _3 Count Pennsylvania, being of sound and dis osin mind a County, Y ► g P 9• ...� + rr► P- Cr) C„ memory, do make, publish and declare this to be my' Last C-) Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I : I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. ITEM II : If my husband, Carl A. Mellott, does not survive me, I give and bequeath my jewelry to my daughters, CAROL ANN MILLER and SALLY EILEEN MELLOTT, to be divided among them equally by my Executor. ITEM III : If I survive my husband, CARL A. MELLOTT, I give and bequeath any tools, shop equipment and hunting equipment passing to me under my husband' s will and owned by me at the time of my death, to my son, RICHARD LEE MELLOTT. Page 1 of 5 pages ITEM IV: I give and bequeath all my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other like articles of household or personal use and adorn- ment to my husband, CARL A. MELLOTT, if he survives me, but if my husband does not survive me, then to my children, to be divided among them in equal shares by my Executor, or their issue, per stirpes. ITEM V: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, to my husband, CARL A. MELLOTT, if he survives me, or, if my husband does not survive me, then to my children, to be divided among them in equal shares by my Executor, or their issue per stirpes. ITEM VI : In the settlement of my Estate, my Executor shall possess , among others, the following powers: (a) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or pur- chasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desir- able in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in my will. Page 2 of 5 pages (b) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in kind, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To do all other acts in the -judgment of my Executor necessary or desirable for the proper and advantageous management, investment and distribu- tion of my Estate. ITEM VII : Any person who shall have died at the same time as Testatrix or in a common disaster with her, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predec- eased her. ITEM VIII : I nominate, constitute and appoint my husband, CARL A. MELLOTT, to be my Executor. In the event of the death, resignation, refusal or inability of Carl A. Mellott . to serve as my Executor, I nominate, constitute and appoint my son, RICHARD LEE MELLOTT, to serve as Executor. My Executor is specifically relieved from the duty or obliga- tion of filing any bond or bonds. IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of this and the preceding two (2) pages, this $ day of July, 1982. �Yltci/ / I_ ®JGI (SEAL) Erma R. Mellott SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testatrix, Erma R. Mellott, as and for her Will , in the Page 3 of 5 pages presence of us , who, at her request, in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. /f Address Address 17013 ddress t` � �. Page 4 of 5 pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF I , Erma R. Mellott, 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; 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 Erma R. Mellott the Testatrix, this $ day of July, 1982. ..' (SEAL.) Notary Publ ' ,.+ ,,,BARBAR6 J. BOUDREAUX, Notary Public Harrisburg, Dauphin County, PA 44 Qmmlk"UZW(1ct. Z2.1.984 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ` SS: COUNTY OF ��-��✓� We, ��OmQS /c. fJ.� Pte^ 0-hri510,a���'' Qr9 and 111orV " thb witnesses wh se namjhs are signed to the attached ot foregoing instrument, being duly qualified according to law, do depose and say that we were pre- sent and saw Testatrix sign and execute the instrument as her Last Will; 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 hearing and sight of each other and in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to an . ubscribed to before me by QY witness , this day of July, 1982. W `fness `— Witness Witness i' BARBARA 1. BOUDREAUX, Notary Public Harrisburg, Dauphin County, PA 'Notary Publ `'.Page 5 of 5 pages