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HomeMy WebLinkAbout02-13-15 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)thl following and respectfully requests the grant of Letters in the appropriate form: Denise A. Dickerson and Tamara A. Nichici Decedent's Information Name: Gary N.Deivert File No: 21 -15 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 12/17/2014 Age at Death: 81 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at Messiah Lifeways,100 Mount Allen Drive,17055 Upper Allen Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Messiah Lifeways,100 Mount Allen Drive, 17055 Upper Allen Township Cumberland PENNSYLVANIA Street address,Post Office and Zip Code City,Township or Borough County State 1 Estimate of value of decedent's property at death: If domiciled in Pennsylvania.......................All personal property $ 130,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania.......... $ TOTAL ESTIMATED VALUES 130,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) 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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 01/14/2008 and Codicil(s) v thereto dated fry r- (State relevant circumstances,e.g.,renunciation,death of executor,etc.) on Except as follows:after the execution of the instruments)offered for probate,Decedent did not marry,was not divorced,was not a'1pa, t6a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.7§3323(g),and did not have I dhild�oCn or l & rp) rT1 adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. r_ = M W .• C—) ❑X NO EXCEPTIONS EXCEPTIONS17 ❑ B. Petition for Grant of Letters of Administration (if applicable) cJ �t Tt ata.;dAn.; . .n.c..a.;pe en a ute;u gran e a sena uranfe.mtp�TItate If Administration,c.t.a or d.b.n.c.It.a.,enter date of Will in Section A above and complete list of heirs Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce had been established'as defined CA in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated 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): Name Relationship Address All Assets of this Estate will remain in the Commonwealth of Pennsylvania until the Estate has been s ttled. Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Denise A.Dickerson 1419 E.14th Street Cleveland,OH 44114 Tamara A.Nichici 3644 Derry Street Harrisburg,PA 17111-1919 The Petitioner(s)above-named swear(s)or affirm(s)the statements i he foregoin eti o are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representatives)of the cadent, P It' n ( �willlll,,.well and truly administer the estate accor ing to law. Sworn to ora i1rmed andIsbs ribed before ?� C�IK n Dale a 3 f :me this day o 7v/ Q� rR tG�[ C ;,� Date i T R". Date it r h agister Date BOND Required? 0 Yes dNo To the Register ills: FEES ,,0 Please enter y appearance y my signature below: Letters.......................................... $ ��pD,w Attorney 'gnature: �d_)Short Certificate(s).......... l�W a )Renunciation(s)............... ( )Codicil(s)......................... ( . )Affidavit(s)....................... Printe , a Gary elafield Esq Bond............................................ Suprem u Commission................................. ID Number: 16145 Other 0 i h• l Firm Name: Delafield,McGee&J&Zb s,P.C. ^' Address: 916 S.Atherton Stree.!;- Z, -� r7 State College, PA 16$bfi, i_? Csa .=a7' r} J 7 Cj Phone: 814/237-6278 Automation Fee............................. W I Fax: 814/237-3660 JCSFee....................................... TOTAL........................................ $ ,�/��, 5'c� E-mail: gdelafield@dmjklaw.corh ftp DECREE OF THE REGISTER cam '' Date of Death: 12/17/2014 r Social Security No: Estate of Gary N.Deivert File No: 21 -15 a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented befor e,IT IS DECREEDthat Letters Testamentary are hereby granted to Denise A.Dickerson and Tamara A.Nichici in the above estate and(if applicable)that the instrument(s)dated 01/14/2008 described in the Petition be admitted to probate and filed of record as kSb last Will(and Codicil(s))of 1196adent. AIA g( aro ills � Copyright(r;)2011 form software only The Lackner Group,Inc. � f 2 B � of GARY N. DEIVERT C�5 0 c> rTT M F� � t=� f� I , GARY N. DEIVERT, of State College, Centre Cc-"U'ay, L a ; Pennsylvania, revoke all prior Wills and Codicils I "mayi�have made and declare this to be my Last Will and Testament . r I . DECLARATIONS . I declare that I am a widower and that I have five (5) children, TAMARA A. NICHICI , RICHARD G. DEIVERT, DAWN E. DEIVERT, DENISE A. DICKERSON, and MERRIS K. SCHUTJER. This Will shall be interpreted using these declarations . II . GIFT OF PERSONAL PROPERTY. I make the following gifts of. my personal property: A. I give any remaining shop tools, equipment or related items I may own to RICHARD G. DEIVERT, provided that the value of this distribution shall be charged against my s^^' ..`moi 'share 3f the distribution of the residue of arty estate; and B. I give my remaining tangible personal property to my children, above-named, to be divided among them as they shall agree . III . RESIDUARY ESTATE. I give the residue of my estate to my children, herein named, in equal shares, or, if any child should predecease me, that child' s share to that child' s issue. Should any child predecease me without leaving issue, I direct that that child' s share be divided among my remaining issue. In making the distributions anticipated under this section, my personal representative shall observe the following: 1 . Distributions to issue shall be on a per stirpes - basis; and 2 . Distributions to any beneficiary who has not then attained age twenty-one (21) may be to the beneficiary directly, to a trust established for the benefit of such beneficiary where that trust would provide educational assistance for the beneficiary, or to a custodial account for such beneficiary under the Pennsylvania Uniform Transfers to Minors Act, as my personal representative, in her sole discretion shall elect . If distributions are made to a custodial account, my personal representative shall designate the custodian thereof . IV. PERSONAL REPRESENTATIVES . I appoint my daughters, DENISE A. DICKERSON and TAMARA A. NICHICI, to act 2 jointly as my personal representative, or the survivor of the two of them to act independently. V. WAIVER OF BOND. To the extent such requirements legally can be waived, I direct that no fiduciary named in this Will or any successor fiduciary shall be required to post any bond or give any security in connection with his duties, whether in the Commonwealth of Pennsylvania, or elsewhere . VI . SURVIVAL PRESUMPTIONS . If any beneficiary shall die simultaneously with me or under such circumstances as to render it difficult or impossible to determine who predeceased the other, I hereby declare that I shall be deemed to have survived such beneficiary and that this Will and all of its provisions shall be construed upon that assumption and basis . VII . GENERAL POWERS . My personal representative shall have the power to lease, sell at public or private sale, mortgage, transfer and convey, in such manner and on such terms as he may deem advisable, any and all property, real or personal, belonging to my estate, without the necessity of obtaining leave of any court . No purchasers shall be liable to see to the application of any purchase money. My personal representative 3 may, without liability, retain any portion of said property in the same state of investment in which the same is taken over by him, the period of such retention to rest in his judgment . My personal representative may file income tax returns (federal and state) on my behalf, and may elect to disclaim any interest in property which I (or my estate) may otherwise be entitled to receive, without leave of Court . IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th da January 2008 . WitnessesF 7 �7 +--' 1� Gary N. Deivert 4 WE, GARY N. DEIVERT, GARY A. DELAFIELD and KRISTIN M. McKEE the Testator and the Witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the Witnesses, in the presence and hearing of the Testator, signed the Will as Witness and that to the best of their knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence . GaN De ' (py W' t`ness /'n- ��- �-- Witless Subscribed, sworn to and acknowledged before me by GARY N. DEIVERT, -the Testator, and subscribed and sworn to before me by GARY A. DELAFIELD and KRISTIN M. McKEE Witnesses, this 14th day of January 2008 . Notary Public 5 COMMONWEALTH OF PENNSYLVANIA Notan'al Seal Nicole P.Benner,Notary Public State Cortege Baro,Centre County My Camrnissicn EW;res May 25,2011 Member,Pennsylvan4a A,sociation of Notaries REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA -� of CU No. 2015- 00173 PA No. 21- 15- 0173 Estate Of: GARY N DEI VERT o D �v (First,Middle,Last) V Late Of: UPPER ALLEN TOWNSHIP M CUMBERLAND COUNTY Deceased 1750 Social Security No: WHEREAS, on the 13th day of February 2015 an instrument dated January 14th 2008 was admitted to probate as the last will of GARY N DEIVERT (First,Middle,Last) late of UPPER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 17th day of December 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, 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: DENISE A DICKERSON and TAMARA A NICHICI who have duly qualified as EXECUTOR(RIX) and have agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 13th day of February 2015. R ter of Wl l r - De uty **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)