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HomeMy WebLinkAbout04-23-15 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 respectfully request(s)the grant of Letters in the appropriate form: Diane L Clever and Pamela K Yorlets Decedent's Information n r Name: Donald G Flagle File No: 21-15 �u( a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 04/03/2015 Age at Death: 71 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 295 Fairview Street,Carlisle 17015 South Middleton Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Carlisle Regional Medical Center,Alexander Spring Rd South Middletown Twp 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 $ 900,000.00 if not domiciled in Pennsylvania................ Personal property in Pennsylvania $ if not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 150,000.00 TOTAL ESTIMATED VALUE $ 1,050,000.00 Real estate in Pennsylvania situated at 295 Fairview Street,Carlisle 17015 South Middleton Cumberland (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 Testamentapt Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 03/04/2014 and Codicil(s) thereto dated Stale 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. ❑X NO EXCEPTIONS n EXCEPTIONS ❑B. Petition for Grant of Letters of Administration (If applicable) ata.,d.b.n.,d.b.n.c.t.a.,pedente 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 pending divorce proceedingwherein 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 adudicated an incapacitated person. NO EXCEPTIONS n EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(i any)and heirs(attach additional sheets,if necessary): a C7 F. ::-0 ::0 C) rn Name Relationship Address `;I -- ca r1-0 r t rn l _ <:J C3 M CD 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 Diane L Clever 4144 Enola Road Newville,PA 17241 �P ela K Yorlets (- 65 East Main Street � Newville,PA 17241 rV G7 >J <D f C!) . t N }.t.. il The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to thie.-be's1'of the nowledg"nd belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,Petitioner(s)will well and truly administer th6 estate accordin4=to law. Sworn to or affirmed and subscribed before ^� CaN -r1 me thisi�([_)4 day of , �6 g�j 9 d + ` ' _ Csl By: 46�/bf Oi-d -,kn -i Date For the Register ;,..�- 7 V —rt- � r �V BOND Required? F, YES n NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 710.00 Attorney Signature: ( 4 )Short Certificate(s)......... 20.00 ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Roger B.Irwin Esq. Bond............................................. Supreme Court Commission.................................. ID Number: 6282 Other Inventory 15.00 Inheritance Tax Return 15.00 Firm Name: Salzmann Hughes,P.C. Will 15.00 Address: 354 Alexander Spring Road,Suite 1 Carlisle,PA 17015 Phone: 717-249-6333 Automation Fee............................ 5.00 Fax: 717-249-7334 JCS Fee....................................... 35.50 TOTAL......................................... $ 815.50 E-mail: rogerbirwin(a)_salzmannhughes.com DECREE OF THE REGISTER Date of Death: 04/03/2015 Social Security No: Estate of Donald G Flagle File No: 21-15 - a/k/a: _ AND NOW, Yl ' a ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Diane L Clever and Pamela K Yorlets in the above estate and(if applicable)that the instrument(s)dated 03/04/2014 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil s))of Decedent. Register of Wills 1� Copyright(c)2011 form software only The Lackner Group, nc. Y _ Page 2,2 H105. LAST WILL AND TESTAMENT I, DONALD G. FLAGLE, of South Middleton Township, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, t(�e all o y rn rnC-5 debts, funeral and administrative expenses as soon as convenient after my deceas ::1 I_rthenrfWe, u) .a. I direct that all state, inheritance, succession and other death taxes imposed or payable reason fi y ;.' " C) C> of my death and interest and penalties thereon with respect to all property compgsi* opny gross estate for death tax purposes, whether or not such property passes under this Will, shag bei N `TI paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate prior to distribution and no part of the taxes paid shall be prorated or apportioned among the persons or beneficiaries receiving the taxable property regardless of tax rate applicable by law to each such persons or beneficiaries. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my spouse, DOLORES K. FLAGLE, absolute. FOUR. If my spouse, DOLORES K. FLAGLE, does not survive me by a period of at least sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate in equal shares to my step-daughters, DIANE L. CLEVER and PAMELA K. YORLETS, per stirpes, which provides that the child or children of any deceased beneficiary shall take the share their parent would have taken if living. A. My biological daughter, DEBORAH A. HECKENDORN, is specifically divested, prohibited and excluded from taking any share of my estate under this Last Will and Testament. FIVE. In the event of a common disaster causing the death of myself, my spouse and all of my children, without leaving surviving issue, all within a period of sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate pursuant to the instestacy laws of the Commonwealth of Pennsylvania. SIX. If, under any of the provisions of this Will, any principal becomes vested in a minor, my Executor or Executrix, as the case may be, including any administrator c.t.a., shall have the discretion either to pay over such principal or any part thereof to any parent of such minor, any guardian of the person or estate of such minor, or any person with whom such minor resides, or to retain the same as trustee of a power in trust for the benefit of such minor during his or her minority. Any of the principal thus retained, and any of the income therefrom, 2 including the whole thereof, may be paid to or applied for the benefit of such minor from time to time in the discretion of the trustee of such power. When such minor reaches majority, the funds so held shall be paid over to such person, or, if he or she shall sooner die, to his or her legal representatives. In so holding any principal or income for any minor, the trustee of such power shall have all the rights, powers, duties and discretions conferred or imposed upon my fiduciaries acting under this Will. I further direct that no bond shall be required from any person receiving a payment hereunder and receipt from such person shall be a full discharge to the trustee of such power who shall not be bound to see to the application or use of such payment. The trustee of such power shall be entitled to commissions at the rates and in the manner payable to a testamentary trustee. SEVEN. I nominate and appoint my spouse, DOLORES K. FLAGLE, to be the Executrix of this my Last Will and Testament. In the event that she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint my step-daughters, DIANE M. CLEVER and PAMELA K. YORLETS, or the survivor of the two of them, to be the substitute Co-Executrixes of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executrix hereunder. EIGHT. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty(60) days. NINE. No Executrix or Guardian acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. TEN. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 3 ELEVEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. TWELVE. This Last Will and Testament was made, published and declared in accordance with the First Amendment to Agreement for Reciprocal Wills which I entered into with my spouse, DOLORES K. FLAGLE, on March `e, 2014, and shall be executed subject to the provisions contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 'T day of March, 2014. (SEAL) DONALD G. FLAGLE Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. 4 ACKNOWLEDGMENT AND AFFIDAVIT WE, DONALD G. FLAGLE, KANDY L. COYLE and JENNIFER M. NEGLEY, the testator and witnesses respectively, whose names are signed to the 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 Testament, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. DONALD G. FLAGLE KANDY L. COYLE a 0.4.AAJ, it yt'L�', z J NNI R M. NEGLE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by DONALD G. FLAGLE, the testator herein and subscribed andsw to before me by JENNIFER M. NEGLEY and KANDY L. COYLE,witnesses, this May of March, 2014. Zmember, - �NNSYLVANIA oiarlal Seal vn n n .,/1omman,Notary PublicC /" `(� 1Twp.,Cumberland Countyn Expires June 28,2014vvania Association of Notaries Notary PUbI1C 5