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HomeMy WebLinkAbout03-16-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF ( C/�77�� 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 forth: Decedent's Information / r Name: 5&,q > /9f2I,�, �U/>15���� File No: �! / 02 a/k/a: (Assigned by Register) a/k/a: Date of Death: Age at death: 91?— Decedent was domiciled at death in �2uM86XL111WCounty, �,, (State)with his/her last principal residence at UGllmkm n� J vz- =-4e,/J &'W -� Street address,Post Office and Zip Code LCity,township or Borough County Decedent died at 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 $ ` a G If trot domiciled in Pennsylvania. ......... ........... ... Personal property in Pennsylvania $ !f not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania.....:.......... ......................................... TOTAL ESTIMATED VALUE. ... $_ oo0/ _ Real estate in Pennsylvania situated at: BOO �fyovs xJ e Al rwp (Attach additional sheets,i f necessary) Street address,Post Office and Zip Code City,Township or Borough County J A. Petition for Probate and Grant of Letters Testamentary ` Petitioner(s)aver(s)he she/they is/are the Executors)named in the last Will of the Decedent,dated �! and Codicil(s) thereto dated --20 -a 0/-3 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. a ®NO EXCEPTIONS ❑EXCEPTIONS o ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,dllt tfe ibsentia, urante minori{ate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and completi'listof h r?s. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defied in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS ❑EXCEPTIONS r.•; Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and w,.s survived by the following spouse(if any) heirs'(attazla additional sheets,ifnecessary): Name Relationship Address conn Rw-n? I-ev.101112011 Pagel of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF uM13"fZ</14AW } SS: Petitioner(s)Printed Name Petitioner(s)Printed Address M/n T ums4n /ii T?Ra ;96,v, /-j- 121,--7-0 -j- /2/G7-0 4 � •r The Petitioner(s)above-named sK,ear(s)or affirm(s)the statements in foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as.Perso,al Representatives)of the Dec �" nt�the Petitio er(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before !�/ Date me this day of lath-:h Date By: 0 Date r For the Register Date- BOND Required:Q YES [MNO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . .. . . . $ t Attorney Signature: ( �n ) Short Certificate(s). . . . .. ( ) Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( ) Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: �^ . . . . . . 0 . . . . . . . Firm Name: C7 j . . . . .. Address: 71 ... . . - M, V T/ rp.� . . . .. Phone: `...� Automation Fee. . . . . . . . . . . . . . . Fax: *t JCS Fee. . . . . . . . . . . . . . . . .. . . . Email: r+ TOTAL. . . . . . . . . . . . . . . . . . . . . $ ._ i rV iry . DECREE (aUO�F�TlHE REGISTER cn CS �-Estate of ct Jafw— LUnSTFile No: C21 -- 15 a/lc/a: AND NOW, qaf� O20 , Of b/S , in considerati n of thepo regoing Petition,. satisfactory proof having been presented before me,IT IS DEC ED that Lett IS are hereby granted to i` /(� in th above estate an (if a plicable) that the instrument(s) datedhep described in the Petition be admitted to protWe and filed of record as the last Will (and Codicil(s)f of Decedent. *Rgister of Wills - Form a ry-n2 rev. 1011112011 Page 2 of 2 ry LAST WILL AND TESTAMENT OF , SARA JANE LUNSFORD :3 A Fri I, SARA JANE LUNSFORD, of Lower Allen Township, '' `7 t V I__ `rl r-- Cumberland County, Pennsylvania, being of sound and di.,s.posingcAind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made . 1 . TANGIBLE PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, and vehicles, together with all policies of insurance thereon, to my husband, WILLIAM T . LUNSFORD, JR. ( "My Husband") , if My Husband survives me . If My Husband does not survive me, I give such articles to our children, WILLIAM THOMAS LUNSFORD, III and JOHN TERRANCE LUNSFORD, SR. ( "My Children") in as nearly equal shares as they shall select under the supervision of my Executor. Any articles which are not special enough to be divided or distributed in kind shall be sold, distributed to My Children or other family members, or donated, in kind, to charity or otherwise in the discretion of my Executor, and any proceeds thereof shall pass as a part of my residuary estate . 414176.1 page 1 ',of 7 Pages 4 S 2 . RESIDUE . I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate) to My Husband, if he survives me, or, if not, to my then living issue, per stirpes . 3 . SPENDTHRIFT PROVISION. No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary' s actual receipt thereof . My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein) , pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 4 . SURVIVAL PRESUMPTIONS . Any person who shall have died at the same time as me or as any then beneficiary of my estate or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me and/or such beneficiary. Page 2 of 7 Pages 5 . FIDUCIARY POWERS . In the settlement of my estate, . my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries : (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates . (b) To vary investments, when deemed desirable by my Executor, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates, or as to which my corporate Executor or any of its affiliates are investment advisors, as my Executor shall deem wise . (c) In order to affect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution . In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries . (d) 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 owned by my estate 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 purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, Page 3 of 7 Pages execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will . (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes . (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate . (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate . (j ) To assign to and hold in my estate an undivided portion of any asset . (k) To hold investments in the name of a nominee . (1) To compromise controversies . (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise . (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be Page 4 of 7 Pages necessary, such ancillary fiduciary to serve without bond or security and to have all the powers, authorities and discretions conferred hereunder. (o) To employ and compensate from income or principal, in the discretion of my Executor, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder . 6 . TAX CLAUSE . All inheritance, estate and similar taxes becoming due by reason of my death ( "Death Taxes" ) , whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate, in the discretion of any Executor . My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will . 7 . EXECUTOR POWERS REGARDING BASIS ADJUSTMENT . I hereby authorize my Executor in my Executor' s sole and absolute discretion to allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate . I recognize that this power gives my Executor broad latitude, which I wish my Executor to exercise while taking into account such factors as my Executor deems beneficial to all of the Page 5 of 7 Pages beneficiaries of my estate . My Executor shall not be liable for any loss to my estate or to any beneficiary of my estate resulting from such allocation made in good faith. 8 . CUSTODIAN OF ESTATES . If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint the surviving parent of such individual as Custodian for such individual under Pennsylvania Uniform Transfer to Minors Act . 9 . EXECUTOR APPOINTMENT . I hereby appoint My Husband, WILLIAM T . LUNSFORD, JR. , and DUANE E . HERMAN, CPA, with his office in Cumberland County, Pennsylvania, as Co-Executors of this Will . If for any reason either of them should fail or cease to act, the other shall act or continue to act with all the powers granted to the two of them. All references in this Will to my "Executor" shall refer to my originally named Co-Executors, or to my successor Executor, as the case may be . 10 . WAIVER OF BOND; FIDUCIARY FEES; ATTORNEYS . My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. My individual fiduciary shall be entitled to reimbursement of expenses and to reasonable compensation for services rendered. I request that the law firm of Rhoads & Sinon LLP be employed as the attorneys for my estate . Page 6 of 7 Pages IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding six ( 6) pages, this , day of February, 2002 . � (SEAL) Sara JarYe Lunsford We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the ex cution thereof, the said Testatrix was of sound and disposing min fand e o Q�MA44/Ve"(sEAL) R siding at : ® � A " (SEAL) Residing at : Hk'8.de.n vtJoo f : _RA- 1-7 1 t.D c �� (SEAL) Residing at : /Oo Ad--4M Page 7 of 7 Pages AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS : COUNTY OF We, cao�. and &1&4c' the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Sara Jane Lunsford, the 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 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 and subscribed to before me by and t"hetnesses, this day of February, 2002 . Vrtness dz k—I W ' t ss Notarial Seal Naina J.Sanghvi,Notary Public Witness Harrisburg,Dauphin County My Commission Expires April 11,2002 Member,Pennsylvania Association of Notaries PjXV-ic k-11 My Commission Expires : (SEAL) ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS . COUNTY OF CZLM I, Sara Jane Lunsford, Testatrix 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. L q, (SEAL) Sara e Lunsford Sworn or affirmed to and acknowledged before me, by Sara Jane Lunsford, the Testatrix, this day of February, 2002 . N tar Pu is Sa� My Commission Expires :Na:Notarial Sanghvi,Notary Public Hurg,Dauphin County (SEAL)My coion Expires April 11,2002 _ Member,Pennsylvania Association of Notaries CODICIL TO THE LAST WILL AND TESTAMENT OF SARA J. LUNSFORD I, SARA J. LUNSFORD, of Lower Allen Township, Cumberland County, Pennsylvania,being of sound and disposing mind and memory, do make,publish and declare this to be a Codicil to my Last Will and Testament dated February 11,2002. 1. 1 hereby revoke paragraph 9 of my Last Will and Testament and in lieu thereof provide the following new paragraph 9 as follows: 9. Executor Appointment. I hereby appoint my sons, WILLIAM THOMAS LUNSFORD, III and JOHN TERRANCE LUNSFORD, SR., as Co-Executors of this Will. If for any reason either of them should fail or cease to act,the other shall act or continue to act with all the powers granted to the two of them. All references in this Will to my"Executor" shall refer to my originally named Co-Executors, or to my successor Executor, as the case may be. IN WITNESS WHEREOF,I have hereunto set my hand and seal to this Q.4icil to C-- C> ?� c� 0- r 7,1 i. r, Cn Z3 Page 1 of 2 Pages c 871265.1 my Last Will and Testament, consisting of this page and the preceding one (1)page,this day of , 2013. Sara J. unsford We,the undersigned,hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testatrix as and for a Codicil to her Last Will and Testament, in the presence of us,who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. `''(SEAL) IE�tkA!"g\ 1 1119 � t 70, 79, 40A40%_— (SEAL) /112— W14,&It Page 2 of 2 Pages COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF We, SARA J. LUNDSFORD (testatrix), lwhl&gand . AN-� the Testatrix and the Witnesses,respectively,whose names are signed to the foregoing instrument,having been sworn, do hereby declare to the undersigned officer that the Testatrix, in the presence of the Witnesses, signed said instrument as a Codicil to her Last Will and Testament,that she signed voluntarily,that each of the witnesses, in the presence of the Testatrix and of each other, signed said Codicil as a witness and that to the best of the knowledge of each witness,the Testatrix was at the time of sound mind and under no constraint or undue influence. ara . Lunsford fitness 6kit6tss Subscribed and acknowledged before me by SARA J. LUNSFORD,the Testatrix, and subscribed and sworn to before me byand he witnesses, on this4d�day of , 1 . Public Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA f Notarial Seal Yvonne R.Durham,Notary Public City of Harrisburg.Dauphin County My Comrnlssian Expires Aug.220%.20113 Member,Pennsylvania Association of Notaries `i RENUNCIATION Tf � r- rr,. REGISTER OF WILLS ° d1;76eX44n1,Z-COUNTY,PENNSYLVANIA Estate of jib � �u�� "K�= ,Deceased I, 041/ qNfo�� --r/t'. , in my capacity/relationship as (Print Name) Sa+� of the above-Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to (Date) ature) (StreetAddress) pp �,G�Gbd„l)//me- /1�-- U p�7 O (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of i_ , that he or she executed the renunciation for the purposes stated within on this /7 day ° Me4ffA RIE K.GANDY Deputy for Register of Wills Notary Public NOTARYP JERSEY My Commission Expires: fAyy Com*ft Evhs Mamit" {Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.} Form RW-06 rev. 10.13,06 R Ev" L" r 11L US, RENUNCIATION "A REGISTER OF WILLS 4l0nkWMaV COUNTY, PENNSYLVANIA Estate of Deceased 1, %.AhAV ,C.YNSfy'Xcl, in my capacity/relationship as (Print Name) of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to (Date) (Street Address) 4A90 oliN r., k �r P AZ 70 (City,State,zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of that he or she executed the renunciation for the purposes stated wit W;i-Qn this ,- /4/ day of MCW% 11 2-o d ielkRiE K. GANDY Deputy for Register of Wills Notary Public------� t40TARY P OF NEW JERSEY My Commission Expires: imy CmnrWw&Om 71AW9 (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10,13.06 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA of Cuiy No. 2015- 00276 PA No. 21- 15- 0276 Estate of: SARA JANE LUNSFORD 0 (First,Middle,Last) Late Of: L 0 WER A L L EN TOWNSHIP CUMBERLAND COUNTY Deceased 1750 Social Security No: WHEREAS, on the 19th day of March 2015 instruments dated: February 11 th 2002 January 4th 2013 were admitted to probate as the last will and codicil of SARA JANELUNSFORD (First,Middle,Last) Late o f L 0 WER A L L EN TOWNSHIP, CUMBERLAND Co un ty, who died on the 6th day of March 2015 and, WHEREAS, a true copy of the will &codicil as probated is annexed hereto THEREFORE, 1, LISA 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: WILLIAM T L UNSFORD N who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNsnvANIA, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my 'Office on the 19th day of March 2015. Ll- Cn CC) gister af Wlo (�Deputy) ell L J i (ZD C\j CiJ E:: **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)