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HomeMy WebLinkAbout04-20-15 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_ I b — i Name: Samuel O. Curry, Jr. File No: �} a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: April 9, 2015 Age at death: 74 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 2324 Market Street, Camp Hill, PA 17011 Camp Hill Borouah Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 2324 Market Street, Camp Hill, PA 17011 Camp Hill Borough 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 $ 1,500,000 If not domiciled in Pennsylvania. .. . . . . ... . . . . . . .. .. . . .. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . . . ... ... . . . . . . . . . . . . . . Personal property in County $ Value of real estate in Pennsylvania.. ...... . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . .... .. . . .. .. $ 200,000 TOTAL ESTIMATED VALUE. .. . $ 1,700.000 Real estate in Pennsylvania situated at: 2324 Market Street, Camp Hill, PA 17011 Camp Hill Borough Cumberland (Attach additional sheets,ifnecessary.) 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/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 08/06/2008 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) n c 7 ::0 r7l. C Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divo-'irce9was not 9PArty tc a i@ding divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g)Und-Oidaot hmw a chW burn or FTTadopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. — M M :;I.. M CD ❑NO EXCEPTIONS [0 EXCEPTIONS Decedent married June C. Foldi on April 7, 2015 rn ❑ B. Petition for Grant of Letters of Administration (If applicable) -, CD c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durari'te ct sentia, a ante�iq,,, e If Administration,c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of bis. c,-n a co 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. r]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 Form RW-02 rev.10/11/2011 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 June C. Foldi 2324 Market Street, Camp Hill, PA 17011 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 )will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date me t,s day oM , Date By: � I Date For the Register I Date BOND Required:F]YES ©NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( 10 ) Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . ( ) Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: David W. Reager, Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 20868 . . . . . . Firm Name: Reager&Adler, PC . . . . . . . . Address: 2331 Market Street . . . . . . . . Camp Hill, PA 17011 . . . . . . Phone: 717-763-1383 Automation Fee. . . . . . . . . . . . . . . Fax: 717-730-7366 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: DWReager(a)_ReagerAdlerPC.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate of Samuel O. Curry, Jr. File No: a/k/a: AND NOW, , 2015 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to June C. Foldi in the above estate and(if applicable)that the instrument(s)dated August 6, 2008 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. Register of Wills Form RW-02 rev.10/11/2011 Page 2 of 2 S:\VvT.Win\WILLS\CurryS.Will.doc August 6,2008 00 o Cn N c' LAST WILL AND TESTAMENT — C- Q � E o � c� OF 00 'e --�- c� o w �.� R SAMUEL O. CURRY,J C= U I iJ CURRY, JR., of Camp Hill, Cumberland County, Pennsylvania, being of sound did disping mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore made. 1. IDENTIFICATION OF FAMILY. I declare that I am not married and that I have no children. 2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the expenses of(1) a cremation with memorial service; (2) the internment of my cremains, including the costs of a burial site, if necessary; and (3) the disposition of my cremains to be scattered in Port Norris, New Jersey. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow as claims against my estate. 3. SPECIFIC BEQUEST. I give and bequeath my antique chest coming from the Curry family to my uncle, JAY CURRY, of Hershey, Pennsylvania. 4. DISPOSITION OF RESIDUARY ESTATE. 4.1. All of the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my"residuary estate"), I give outright and absolutely to my friend,JUNE C. FOLDI. 4.2. In the event JUNE C. FOLDI predeceases me, I leave all the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situate, to which I may be legally or equitably entitled at the time of my death (my"residuary estate") to the Lawrenceville School, Lawrenceville, New Jersey. 5 POWERS OF ADMINISTRATION. 5.1. Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 5. These powers and authorities may be exercised by my executor and trustee in their sole and absolute discretion, without the permission or order of any court. SAMUEL O. CURRY, S:\VvT-Win\WILLS\CurryS.Will.doc August 6,2008 5.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate, however received and acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though the retention may leave a disproportionately large amount of the value of my estate invested in one type of property. 5.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate or after my death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 5.4. Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though the investments are not of the character or proportions authorized by applicable law for the investment of the funds. 5.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose, for any periods of time, and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my estate to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 5.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold any property in the name of a nominee or in bearer form. 5.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended, or other applicable law, and to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. 5.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or payments shall be made in any one or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any 2 �- S L O. CURRY,JR. S:\WPWin\WILLS\CurryS.Wi11.doc August 6,2008 other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. 5.9. Employment of Agents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 5.10. Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my estate without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 5.11. Third Party Reliance. No person or corporation dealing with my executor shall be required to see to the application of any property paid or delivered to my executor, or to inquire into either the authority of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. 5.12. Charitable Donations. In the event that any of my tangible personal property is donated to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s) as an inheritance tax deduction for any inheritance tax return, which may be required to be filed as a consequence of my death. 6. PAYMENT OF DEATH TAXES. 6.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable as a result of taxes assessed on property passing under this Will shall be paid from my residuary estate as a part of the expenses of the administration of the estate. 6.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my death, limited to taxes assessed on property passing under this Will, shall be paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. 7. EXECUTOR. 7.1. Appointment. I name, constitute, and appoint JUNE C. FOLDI as executor of my estate. If JUNE C. FOLDI shall not survive me, shall not serve as executor for any reason, or shall cease to serve as executor for any reason after appointment, I appoint DAVID W. REAGER as successor executor. 3 SAMUEL O.CURRY,JR. S:\VVTWin\W1LLS\CurTyS.Wi11.doc August 6,2008 7.2. Bond Not Required. None of the individuals named in Section 7.1 shall be required to furnish a bond for the faithful performance of his duties as executor. 8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in determining whether a person has survived me or another person, a person shall not be deemed to have survived me or another person if he or she dies within sixty(60) days of my death or of the death of the other person. 9. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the executor or trustee. My executor may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the appointments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. 10. INTERPRETATION. 10.1. Successors of Fiduciaries. All pronouns referring to an executor and the term "executor" shall be construed to mean any person acting as my executor, co-executor, personal representative, or administrator, as the case may be. 10.2. Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. 10.3. Headings. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 10.4. Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. Y t. r� 4 �1 SAMUEL O. CURRY, M. - S:\WPWin\WILLS\CurryS.Wi11.doc August 6,2008 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in the margin for the purpose of identification, this 6th day of August, 2008. SAMUEL O. CU , Testator Signed, sealed, published and declared by the above-named Testator, SAMUEL O. CURRY, JR., as and for his Last Will and Testament, in the sight and 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 witness s. W' ess Ads l G) Witness Address, G/ M- 70, / 5 S:\WPWin\WILLS\CurryS.Wi11.doc August 6,2008 COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) I, SAMUEL O. CURRY,JR., THE TESTATOR, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY SAMUEL O. CURRY, JR., THE TESTATOR,THIS 6TH DAY OF AUGUST, 2008. COMMONWEALTH OF PENNSYLVANIA S O.CURRY,JR. Notarial Seal Deborah L.Brenneman,Notary Public Camp Hill Boro,Cumberland County My Commission Expires June 18,2010 NOTARY PUBLI V' Member,Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) WE, - 4 eff c qx(C AND THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (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 IS 6TH D'�qAY OF AUGUST, 2008. W SS IMI :OF PENNSYLVANIA . W aria1:Seallo�ry Publicneman,,Cumberland CountyExpires June n o N TARY PUBLI;Member. ennia Association of Notaries 6