HomeMy WebLinkAbout03-26-15 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 respcctftilly request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: Brenda K. English File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: March 23, 2015 Age at death: 61
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 478 Sample Bridge Road Enola, Silver Spring Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 478 Sample Bridge Road Enola, Silver Spring Township 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............................ Ali personal property $ 1,000.00
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pentisyhwitia. ....................... Personal property in County S
Value of real estate irz Pennsylvania...................... ............,...... ........., $
TOTAL ESTIMATED VALUE. ... $ 1,000.00
Real estate in Pennsylvania sihiated at: none
(Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or borough County
❑x A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they Ware the F.,xecutor(s)named in the last Will of the Decedent,dated March 13, 2015 and Codicil(s)
thereto dated none
State relevant circumstances(e.g.renunciation,death gfexec•utor,etc.)
Except as follows: after the execution ofthe 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.
[g NO EXCEPTIONS []EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (lfapplicable)
at.a.,dAn-el.b.n.c.t.a.,pendente lite,darante absentia,dia-ante otinoritate
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 proper search It ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(rrttcrch
additional sheets,ifnecessary):
Name Relationship Address (-Z.
M
CV.•
to :;,: ;_ rt
t- 'rtt
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Form RW-01 rev.1011112011 ^'�''` Pa 1. of-2 "t'7
RE CUR-ED G'FFICE Or.
REG!ST;-R GF WILLS-
?w npp Oath of Personal Representative T"'�miar010y,use 'm
"
COMMONWEALTH OF PENNSYLVANIA } CLEF-,
COUNTY OF Cumberland } C U M EF'
Petitioner(s)Printed Name Petitioner(s)Printed Address
Tonya K. Curnell 478 Sample Bridge Road, Enola, PA 17025
The Petitioner(s)above-named swear(s)or affirm(s)the em sits in the foregoing PCt1ti9R,,are true and correct est of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Dec de t, e Petitio , wi well a d v <dt�inist thte bthe estate according to lase.
Sworn to or affirmed and subscribed before Date< /1�
me this _—day of ,� Date
By: / 0 Date
Fnr(he Register Date
BOND Required:Q YES �NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters .. ..... . .. . .. . . .... .. . $ Attorney Signature:
( � )Short Certificate(s).... . .
( )Renunciation(s).. .... .. . AXI
( )Codicil(s). ... . .. . . . . . .
( )Aftidavit(s).... . .. . . .. . Michael A. Scherer, Esquire
Bond... . . . .. .. . . .. . . .. . . .. . . Printed N1.
Commission. . .. . . .. . . .. .. . . . . Supreme Court 61974
Other i . . .. ... . ID Number:
� . . . . (5 -- Baric Scherer LLC
K-T1 lFirm Name:
Address: 19 West South Street
. .. . . Carlisle PA 17013
... .. Phone: (717)249-6873
Automation Fee. . .. . . . .. ... . Fax: 249-5755
JCS Fee. 35Email: msC erer aricsC erer.com
TOTAL. . ... .. . . .. . . . . .. ... . S
DECREE OF THE REGISTER.
Estate of Brenda K. English File No:
a/k/a:
AND NOW, in consideration of the foregoing Petition,
satisfactory proof having presented before me,IT IS DECREED that Letters testamentary
are hereby granted to Tonya K. Curnell - - .
in the atcve esiate and(if applicable)that
the instrurnent(s)dated March 13, 2015
described in the Petition be admitted to probate and filed of record as the last Wail (and,Codicil(s))of'f.'Decedent.
Aj-,�D��j l r /v�✓
Vgilster of W' is ti
Form RIF-02 ,•e,..1011112011 Page 2 of 2
',. r\.a
OF
J
BRENDA K. ENGLISH
I, Brenda K. English, of Cumberland County, Pennsylvania, do hereby declare ,
this to be my Last Will and Testament and hereby revoke all Wills and Codicils
previously made by me.
ITEM ONE: I direct that all my legally enforceable debts, funeral expenses,
testamentary expenses and all death taxes (whether such taxes be payable by my
estate or by any recipient of any property) shall be paid from my residuary estate as
soon as practicable after my decease and as part of the administration of my estate.
My executor shall have no duty or obligation to obtain reimbursement for any such tax
so paid, even though on proceeds of insurance or other property not passing under this
Will.
ITEM TWO: I give, devise and bequeath such of my personal property as may
be listed on a signed and dated memorandum kept with my Will to the persons named
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thereon, provided they survive my death. Should such a memorandum not be found
with my Will, it shall be conclusively presumed that none was prepared, and all of my
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personal property shall pass according to the remaining provisions of this Will.
ITEM THREE: I give, devise and bequeath the rest, residue and remainder of
my estate of whatever nature and wherever situate to
Ei<E 70'1ti a K . C urrn c t g0 7o
lh(i1li�,►�, T� C� 1�sti Z� 7, , rA Tlvsi' P�i'lVR
ITEM FOUR: In the event a beneficiary listed in ITEM THREE above has not
attained age 35 at the time of my death, said beneficiary's share said
shall be held in trust by my daughter, Tonya K. Curnell, as TRUSTEE and distributed in
accordance with the following instructions:
1. My Trustee shall distribute the principal and income to or for the benefit of
the heir during the heir's life as my Trustee, from time to time, deems necessary for the
health, maintenance, support and complete education of such heir.
2. Notwithstanding the foregoing provisions, after attainment 35 years of
age, each heir may withdraw the principal and interest of his/her trust.
3. In the event of the death of a trust beneficiary prior to the termination of
this Trust, then my Trustee shall distribute any remaining principal and interest as such
beneficiary shall appoint by specific reference to this power in his or her will, or if such
power is not exercised in full, the unappointed principal shall be distributed to his or her
issue, per stirpes, or in default of such issue, to my issue, per stirpes; provided,
however, any portion of such principal, which would be distributed to any beneficiary for
whom a trust is then held hereunder, shall be added to such trust.
o 4. Should the principal of any trust herein provided for be or become too
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small in my Trustee's discretion to make establishments or continuance of the trust
advisable, my Trustee may distribute the remaining principal and any accumulated or
undistributed income outright to the beneficiaries in the proportions to which they are
then entitled. The receipts and releases of the distributees will terminate absolutely the
rights of all persons who might otherwise have future interest in the trust, whether
vested or contingent, without notice to them and without the necessity of filing an
account with the court.
ITEM FIVE: I direct that no trustee(s), executor/executrix or other fiduciary
named, nominated, or appointed by this my Last Will and Testament shall be required to
post any bond or give any security of any type for any purpose whatsoever, any law or
rule of the court of the Commonwealth of Pennsylvania or any other jurisdiction to the
contrary notwithstanding. I direct that the law of the Commonwealth of Pennsylvania
shall apply to any interpretation or application of the validity of this instrument.
ITEM SIX: Any and all payment or payments of any sum or sums, whether in
cash or in kind and whether for principal or income, payable to an heir, or any of them,
shall be made upon the sole receipt of the respective individual to whom the payment is
made, and free from anticipation, alienation, assignment, attachment, and pledge, and
free from control by the creditors of any such beneficiary.
ITEM SEVEN: I confer upon my executor/executrix the right to sell or otherwise
convert any real or personal property at public or private sale, at such time or time, 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
happlication of any consideration; to borrow money and to secure its payment by
n mortgage of real or personal property, pledge of investments, or otherwise, without
l
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 and
distribute different kinds or disproportionate shares of property or undivided interests in
property among beneficiaries, in case or in kind, or partly in each; and to do all other
acts and things necessary or appropriate in the management, administration and
distribution of my estate.
ITEM EIGHT: I appoint my daughter, Tonya K. Curnell, Executrix of this my Last
Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of six (6) typewritten pages, the first three (3) of which
bear my signature in the margin for the purpose of identification, this t 3 day of
2015.
(SEAL)
Bre 'a K. English
Signed, sealed, published and declared by the above named Testatrix, Brenda K.
English, as and for her Last Will and Testament, in the presence of us, who, at her
request, in her sight and presence, and in the sight and presence of each other, have
hereunto subscribed our names as witnesses.
Of r �, l i^S �� '��f A
T
Of
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
I, Brenda K. English, the Testatrix, who signed the foregoing instrument, having
been duly qualified according to law, acknowledge that I signed and executed the
instrument as my free and voluntary act for the purposes therein contained.
Brenda K. nglish
Sworn to or affirmed and
acknowledged before me by
Brenda K. English, the Testatrix,
this 9+k day of MAZOk., , 2015.
�QPA
w Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Andrea AA.Ramos,Notary Public
Carlisle Boro,Cumberland County
My Commission Expires April 3,2018
@,BER. PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
We, the undersigned witnesses who signed the foregoing instrument, being duly
qualified according to law, depose and say that we were present and saw Testatrix sign
and execute the instrument as her Last Will and Testament; that she signed and executed
it willingly as her free and voluntary act for the purposes therein expressed; that each of us
in her sight and hearing signed the Will as witnesses; that Testatrix is known to each of us;
and that to the best of our knowledge and observation the Testatrix was at the time of
sound mind and under no constraint or undue influence.
(0 .
lL�n2� ( A � S44�
Rp be?—"T t T46\AkQSD►J
Sworn to or affirmed and subscribed
to before me by VV1i Clam A .SaWo"
and , witnesses,
this 'I'MIA day of , 2015.
Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Andrea M.Ramos,Notary Public
Carlisle Boro,Cumberland County
My Commission Expires April 3,2018
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES