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HomeMy WebLinkAbout04-02-15 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: Decedent's Information Name: Eugene . ampbell File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: February 27,2015 Age at death: Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 21 Glenn View Carlisle, N. Middleton Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1995 Technology Parkway Mechanicsburg 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 $ 100,000.00 If not domiciled ill Pennsylvania. ....................... Personal property in Pennsylvania S If not domiciled in Pennsylvania. ....................... Personal property in County S Value of real estate ill Pennsylvania............................................... .......... $ TOTAL ESTIMATED VALUE. ... $ 100,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,iJ'necessaiy.) 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/shc/they Ware the Executor(s)named in the last Will of the Decedent,dated January 28, 2005 and Codicil(s) thereto dated none State relevant circmnstances(e.g.renunciation,death of executor,etc.) Except as follows:after the execution ofthe instrunient(s)offered forprobate Decedent did not inarry,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 []EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (Ifapplicable) c.t.a.,el.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante Illilloritate If Administration,c.t.a. or db.n.c.t.a.,enter date of Will in Section A above and complemost of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grour@ for divorce likneen CF-Hblgled as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitaW I on. --0 G"> p ❑NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived tph fill ;4ng sgQae(if It ) heirs(attach additional sheets,i1*neeessary): > ;" O Name Relationship Rd "rt C ►--► F M �' r✓ � C> F- Forn;1?1`11-02 rev,IWII12011 Page 1 of 2 Oath of Personal Representative Official USC Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Shirley J. Campbell 21 Glenn View, Carlisle, PA 17013 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 r affirmed al subscrib-d before _ A Q Date —02- me tills day of ��� gate BDate I.t to eg r i Date BOND Required:[:]YES 'O To the Register of Fl/ills: FEES• / Please enter my appearance by my signature below: Letters.. . . .... .. ... .. .. ... . . $ /O+W All ney ignature: ( )Short Certificate(s)... . . . U- ( ))Renunciation(s).. . . . .. . . 1 ( )Codicil(s). .. . . . . .. . .. . ( )Affidavit(s)... .. .. .. . . . Bond... ..... .. . . .. .. . . .. . .. . Printed Name: David A. Baric, Esquire .v Commis Pion. . . .. . . .. .. ... . Supreme Court C-) rn Other . . .. .. ---�� [D Number: 44853 L Firm Name: Baric Scherer lC, n c t �► �. Address: 19 West Southtret � a Carlisle, PA 1a1 " . . . .. Phone: (717)249-6873 Automation Fee. .. . . . . . . .. ... . Fax: - -- rrl JCS Fee. . . ... .. . . . . .. . . .. . . . _ Email: dbarlc C/baricsGh r r.com F r, D y*. TOTAL. . ..... . . ... . . . .. . ... S DECREE OF THE REGISTER. Estate of Eugene H. Campbell File No: a/k/a: AND NOW, { ( 2q in consideration of the foregoing Petition, satisfactory proof havin 7 been presented before me,IT IS DECREED that Letters testamentary are hereby granted to Shirley J. Campbell t in the above estate and(if applicable)that the instrument(s)dated January 28, 2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicit(s))of Decedent. AYIA j1 Register of Wills. ���P� Form R6N-02 rev.1011112011P ge 2 of 2 OF EUGENE CAMPBELL I, Eugene Campbell, of 301 Cranes Gap Road, Carlisle, 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 the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment, owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care,using, therefore, funds from my estate, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, in this connection,I authorize m personal representative to expend funds from my Y estate, in such amount as my personal representative shall consider necessary and;desiable,for the,'". M purchase, erection and inscription of a suitable marker for my grave I di4X-tQ paym*t o&g; ebts and yYCJ7 J� � �• the expenses of my last illness and funeral from my estate as soon after MY. datl�s cp4v4xMr y —dy be done. r, cS • Y`n i 4:7 Page 1 of 6 ITEM TWO: I give, devise and bequeath my entire estate of whatever nature and wherever situate to my wife, Shirley Campbell, if she shall survive me by thirty(30) days. In the event my wife predeceases me or fails to survive me by thirty(30) days, I then bequeath my entire estate of whatever nature and wherever situate, as follows: seventy-five percent(75%)to my son, Larry E. Campbell,per stirpes, and twenty-five percent(25%)to my grandson, Tyler E. Campbell,per stirpes. ITEM THREE: In the event any portion of my estate passes to an heir under the age of twenty- five (25),then that portion of my estate passing to the heir shall be placed with Larry E. Campbell, as Trustee. In the event Larry E. Campbell is unwilling or unable to serve as Trustee, I then appoint Mary Campbell as alternate trustee. 1. My Trustee shall pay principal and income to, or for the benefit of the heirs during their life as my Trustee, from time to time, shall deem advisable for the health, maintenance, support and complete education of such heirs. In addition,my Trustee in his or her sole discretion may advance principal to said beneficiary against the fractional shares to be advanced hereunder for the costs of marriage, or the purchasing of a home or costs of entering a business or profession if my said Trustee shall deem such expense reasonably prudent. 2. Notwithstanding the foregoing provisions, after attainment of twenty-one (21) years, each heir may withdraw one-half(1/2) of the principal of his or her trust valued as of said birthday or the date of division into shares, if later; after attainment of twenty-five (25) years, each heir may withdraw the remainder of said principal and undistributed income. Page 2 of 6 3. In the event of the death of the trust beneficiary prior to age twenty-five (25), then my Trustee shall divide any remaining principal and interest to any children of said trust beneficiary or, if no such children exist, then to the remaining trust beneficiaries. If there are no remaining trust beneficiaries, said interest shall pass to Larry E. Campbell. 4. Should the principal of any trust herein provided for be or become too 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 beneficiary in the proportions to which they are then entitled to. The receipts and releases of the distributee 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 FOUR: While in the hands of my fiduciaries,neither the principal nor the income of my estate or any trust created hereunder shall be liable for the debts of any beneficiary hereunder, nor shall the same be subject to seizure or attachment by any creditor of any beneficiary under any writ or proceeding at law or in equity, and no beneficiary hereunder shall have any power to sell, assign, encumber or in any manner to anticipate or dispose of his or her interest in the trust estate or in the income produced thereby. ITEM FIVE: I direct that no Trustee, Executrix, Guardians 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. Page 3 of 6 ITEM SIX: My Executrix and Trustee shall have the following powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, personal or mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without court approval, and effective, with respect to each item of said property until actual distribution thereof. A) To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed,without regard to any principal of diversification, and to purchase and acquire real or personal property and to hold any or all of such real and personal property retained or acquired without making the same productive of income. B) To permit the heirs, or any of them,to occupy any real estate retained or acquired upon such terms and conditions as my Executrix or Trustee shall deem proper. Q To pay all taxes, charges and expenses of maintenance, upkeep, improvements, development,protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my Executrix or Trustee shall determine. D) To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments;to purchase investments at premiums; to exercise all rights of a security holder or share holder in any corporation; and to lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court, any real or personal property, or portion or portions thereof, irrespective of the manner or the means by which the same was acquired by my said Executrix or Trustee. Page 4. of 6 E) To make payment or distribution herein provided for in cash,kind or partly in cash and partly in kind, at valuations fixed by my Executrix or Trustee at the time of distribution. 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 appoint my wife, Shirley Campbell, Executrix of this my Last Will and Testament. Should my said Executrix fail to survive me or for any reason fail to qualify as Executrix, I then appoint my son, Larry E. Campbell, alternate Executor 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 four(4) of which bear my r signature in the margin for the purpose of identification, this the 2g' day of January, 2005. (SEAL) Eugene ell Signed, sealed, published and declared by the above-named Testator, Eugene Campbell, as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. Page 5 of 6 3 ADDRESS ADDRESS qTel�o .c c la( t�� /qC 1'7013 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Eugene Campbell, David A. Baric, Esquire and Tina M. Ascan,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 of his Last Will and Testament, and that he signed willingly and that he executed 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 witnesses, and that to the best of their knowledge, the Testator was at the time eighteen(18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this the day of January, 2005. COMMONWEALTH OF PENNSYLVANIA =Amanida Seal Notary Public rland Countyces A r. 17,2006 Member...Pennsylvania Association of.Notades Page 6 of 6