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HomeMy WebLinkAbout04-10-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUN TY,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 C /� Name: DEAN A. HARRIS File No: ' � ` I ? � �`1�D� ��a. (Assigned by Register) a/k/a: ��a: Social Security No: Date of Death: MARCH 16. 2015 Age at death: 88 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (srare) with his/her last principal residence at 250 BONNYBROOK RD CARLISLE 17013 S. MIDDLETON TWP Street address,Post Office and Zip Code City,Tbwnship or Borough County Decedent died at HERSHEY MED CENTER HERSHEY 17033 HERSHEY _ vAUPHIN PA Street address,Post Office and Zip Code City,Township or Boraugh County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania.. ........ ......... ......... All personal property $ 33,000 If not domiciled in Pennsylvania. .. .... ... ...... ... ..... Personal property in Pennsvlvania $ If not domiciled in Pennsylvania. .... .. ..... .. .... ... ... Personal property in County $ Va[ue of real estate in Pennsylvania............. ..... .... ........ ........ ... . . .. .. . . . ....... $ TOTAL ESTIMATED VALUE. ... $ 33,000 Real estate in Pennsylvania situated at: --- (Attach additiona[sheets,if necessary.) Street address,Post Office and Zip Code City,'I'ownship 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 JULY 24, 2000 and Codicil(s) thereto dated -- State relevant circumstances(e.g.renunciation,death of urectdor,etc) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marcy,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.(:'.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�rerson. ✓�NO EXCEPTIONS ❑EXCEPTIONS � B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,,p�ndente 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. rv Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce l�j been establi�d as defiu� in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacits;ited person. � 0 "�' rn � ❑NO EXCEPTIONS �EXCEPTIONS � � � � � � � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following s�o�e(j�any) n�jc heirs-(�t�h additional sheets,if necessary): ��� �` � d ;�it � Name Relationshi Address`' n O �� ""� � � <�.� �' c'� „ .v c,� �== -. r- ,�;; N C!� � N � Form RW-02 rev. 10/11/3011 page 1 Of 2 Oath of Personal Representative oc���a�use oaiy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address BRITTA H. SHATZ 511 KISTLER RD., ELLIOTSBURG, PA 17024 ERICKIA H. RYNARD 250 BONNYBROOK ROAD, 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 Dec nt,the Pe itioner(s)will yvell and truly administer the estate according to law. Sworn tc or affirmed a d sul�s�ribed before Date l� S me t ' � day o ,� Date 4/, d � BY� n n Date For the Register Date BOND Required:Q'f'ES �NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 90.00 Attorney Signature: ( 2 ) Short Certificate(s). . . . . . 10.00 ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . - ( )Affidavit(s).. . . . . . . . . . . ' Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Na e: DOUGLAS G. MILLER � Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 83776 '.c�1' � WILL 15.00 ca u, t� INH TAX RETURN . . . . . . . 15.00 Firm Name: IRWIN & MCKNI�I�.C. � � � INVENTORY . . . . . . . . 15.00 Address: 60 WEST POMFI� TREEi� =.n �— � � � � • • • � CARLISLE, PA1 1� �-- �.+ .-rt �T� . . . . . . . �— � i�''t p -�,r_� . . . . . . . G „r "%1 ... �.,�,.. ' .�:. . , , .. . . . . . . . . Phone: (717)249-2353 �==' c-� c� —� �� -Tt �.��---�— Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)249-6354 �"> ,-- _: t� JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 EmaiL• : � �,� TOTAL. . . . . . . . . . . . . . . . . . . . . $ 185.50 -;� � cn � DECREE OF THE REGISTER Estateof �(�'��t') � }-�(��.�'C�IS FileNo: ���'��'�Y�� a/k/a: � AND NOW, �� � � , 2L�zj , in consideration of the foregoing Petition, satisfactory proof having been pres nted before me, IT IS DECREED that Letter s TE S T A M E N T A R Y are hereby granted to BRITTA H. SCHATZ AND ERICKIA H. RYNARD in the above estate and(if applicable)that the instrument(s) dated JULY 24, 2000 described in the Petition be admitted to probate and filed of re.cord as the last Will�and Codi�il(s�)of Decedent. _�, % �o.��� /� ,ll l'l(.0� ��'�1..� r Register of Wil � �'{� (J� ����-yt ,i �y� 1 ( / � '� % Form RW-Ol rev. 10/l l/2011 �� Page� Of 2 � � REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA oF cu�y �,�`� r:�� e��` No. 20�5- 00403 PA No. 21- 15- 0403 O 9Z Es ta te Of: DEAN A HARRIS _ lFirst,Middle,LasU � � v � La te Of: SOUTH MIDDLETON TOWNSHIP M CUMBERLAND COUNTY Deceased Soci al Securi ty No: 7750 WHEREAS, on the 13th day of April 20I5 an .instrument dated �Tuly 24th 2000 was admitted to probate as the Iast will of DEAN A HARRIS lFirst,Middle,Lastl late of SOUTH M/DDLETON TOWNSH/P, CUMBERLAND County, who died on the 16th day of March 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA 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: BRITTA H SHATZ and ERICKIA H RYNARD who have duly qualified as EXECUTOR(R/X) and have agreed to administer the estate accord.ing to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 13th day of April 2015. t/�r�_ �t 1���-__��a- Register Wills i.� C`�- - � ( �I �� ��� {�rg (, /� wJ ..-.� � � `�.�I�I Vl-�1 lJ' l_`-� \_ � ,�;, � '.�a �:`� �p tY Li.. 1.�.. � C3 G� G:�s; C.� C.., \ � �:� � �� � � W La� LU � w,r q h 'r"'� J 'c,t L� ,�a, �� � � � w � c� � c� � � � C� �,,tr�-+ � o � �., **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) I u I � � � � ' _ � � � rn . � � � � � � � �' c� �' `r' �, s �� � �, r-� r-� �r� rn � .� m t� :� � c.� ,,,' ��s�� �\J' �' ��� �.�� ��s��¢�.����� � � � �:;� �-= �.., c� ,•� W � � ��' -�t � � � OF � � DEAN A. HARRIS I, DEAN A. HARRIS, of Southwest Madison Township, Perry County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate t�es becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such t� so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered list shall be ignored. I give and bequeath my household furniture and furnishings, books, pictures,jewelry, silverware, automobiles, wearing apparel and all Page 1 ��{ other articles of household or personal use or adornment not mentioned in the written list and all policies of insurance thereon to my daughters, BRITTA H. SCHATZ and ERICHIA H. RYNAR,D, to be divided between them as they shall agree. Should the beneficiaries be unable to agree, the Executor shall divide this property between them in as nearly equal portions as the Executor, in the sole discretion of the Executor, deems practical, having due regard to the personal preferences of the beneficiaries. ITEM IV: I give to my daughters, BRITTA H. SCHATZ and ERICKIA H. RYNARD, in equal shares, the largest percentage possible of the residue of my estate, as will result in the imposition af no federal estate t�es. I recognize that this may be the entire residue of my estate. The balance, if any, shall be paid to ST. PAUL'S LUTHERAN CHURCH CEMETERY ASSOCIATION, Loysville, Pennsylvania. However, if this entity is not qualified to receive a charitable deduction pursuant to Section 2055 of the Internal Revenue Code, then I make this gift to ST. PAUL'S LUTHERAN CHURCH, Loysville, Pennsylvania, for the use of the cemetery insofar as is possible without jeopardizing the charitable deduction available to my estate. If either of my daughters does not survive me, her share shall be paid to her then living issue, per stirpes. However, if any issue has not attained the age of twenty-seven (27) years at the time of my death, the share of that issue (the "Beneficiary") shall be held by my surviving daughter, as trustee, IN TRUST NEVERTHELESS, to be administered and distributed as follows: (a) Trustee shall pay to or for the benefit of the Beneficiary so much of the net income, in convenient, at least annual installments, as is necessary, in the sole discretion of the Trustee, for the proper Page 2 �� � F . , ! � support, maintenance, medical care and education of the Beneficiary. Income not distributed shall be accumulated and added to principal. (b) The Trustee shall also pay to or for the benefit of the Beneficiary so much of the principal as the Trustee, in the discretion of the Trustee, considers necessary to maintain the Beneficiary in the proper station in life, including proper support, maintenance, medical care and college or higher education. (c) Upon the attainment of the age of twenty-seven (27) years by the Beneficiary, the Trust shall terminate and the Trustee shall pay to the Beneficiary the remaining assets of the Trust. (d) Should the Beneficiary die before final distribution of the assets of his or her Trust, the Trust shall terminate and the Trustee shall pay the assets of the Trust to the then living issue of the Beneficiary, per stirpes. However, if any issue has not attained the age of twenty-one (21) years at the time of distribution, the Trustee shall continue to hold the share for that issue as Custodian under the Pennsylvania Uniform Transfers to Minors Act for the benefit of that issue. (e) If at any time before final distribution of the assets of the Trust, there are no living beneficiaries of the Trust, the Trust shall terminate, and its assets shall be paid to the other then living issue my deceased child, per stirpes. If there are no other then living issue of my deceased child, the principal of the Trust shall be distributed to my then living issue, per stirpes. If there is then in existence any Trust created Page 3 • •1�• i�.t.�..., uu.u. � • � + � . under this Will for the benefit of my issue, the share that would have been paid to that issue shall be added to the principal of his or her Trust, to be administered and distributed as provided herein. ITEM V: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM VI: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 4 �1� , � , , (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make,join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. (f� To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. Pa e 5 ���•'—� g II.l.11..lI..Yillu. . � � � � � (g) To pay all costs, t�es, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file t�returns of any type required by applicable law, and to make all tax elections authorized by law. Page 6 � • � r � • , (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation- skipping transfer t� shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate t�marital deduction or estate tax charitable deduction. (p) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM VII: The Trustee, on an annual basis, shall provide each income beneficiary who has attained the age of eighteen (18) years, and the Guardian of the person of any income beneficiary wha has not attained the age of eighteen (18) years, statements showing transactions in each Trust established for the benefit of that beneficiary. The beneficiary, or the Guardian of the person of such beneficiary, may waive this right to receive an annual accounting. The Trustee may, Page 7 ����t.��. � � . � at any time, settle any account, or questions concerning the administration of any Trust established under this Will, by agreement with the then current income beneficiaries of the Trust, if legally competent, or if not legally competent, with the Guardian of the person of the beneficiary, the legally competent spouse of the beneficiary, or the oldest legally competent relative of the beneficiary who would take a portion of the estate of the beneficiary were the beneficiary to die at that time intestate under the laws of the Commonwealth of Pennsylvania. Any settlement made in accordance with this Item shall bind all persons who have an interest in the Trust, and shall constitute a release and discharge of the Trustee with respect to transactions specified in the settlement. ITEM VIII: In the absence of actual knowledge of a breach of trust, or information concerning possible breach of trust that would cause a reasonable person to inquire, a successor Trustee is under no duty to examine the accounts and records of a predecessor Trustee, or to inquire into the acts or omissions of the predecessor, and is not liable for any failure to seek redress for any act or omission of the predecessor. The successor Trustee shall have responsibility only for property which is actually delivered to him or her by the predecessor and shall have all of the powers conferred upon a Trustee hereunder. ITEM IX: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiary; Page 8 • , • . � � , (b) To the legal guardian or conservator of such beneficiary; (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (d) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (e) By directly applying distributions for the benefit of the beneficiary. ITEM X: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM XI: I make the following provisions with respect to Executors and Trustees: (a) I appoint my daughters, BRITTA H. SCHATZ and ERICKIA H. RYNARD, to be the Executors. Page 9 1�:.s��. ♦ � � • a (b) I appoint my surviving daughter to be the Trustee of any Trust established under this Will. Each Trustee shall have the power to appoint his or her successor. (c) Each appointment of a successor Trustee shall be in writing and shall be filed with the court in the jurisdiction which is the situs of the Trust. The written instrument shall be signed by the person having the power to make the appointment. (d) Each Executor and Trustee shall have the right to receive reasonable compensation for services rendered. (e) Each Executor and Trustee is specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding nine (9) pages, at the end of each page of which I have also set my initials for greater security and better identification this a�day of , 2000. /L��t.Q.c� C..� �7f C2J�iLt.4 (SEAL) DEAN A. HARRIS We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year a ' � ' y first above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ,�,/ .,�2 (SEAL) Residing at� �' � � � c�.�.�-�=�� �- � 7 1 ��vw� �,�. �'� �� � (SEAL) Residing at �,��,�� ,�P..u�,�2.� 1��� ,J �''� 7� . (SEAL) Residing at ��� '��'`�� . `� �� � �'L �d5 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) , ) SS: COUNTY OF ����`^`' ) I, DEAN A. HARRIS, Testator, whose name is signed to the attached or 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. L.�� /T � (SEAL) DEAN A. HARRIS Sworn to and subscribed before me this�day of , 2000. �`�,��c f'rJL �-�,G:-� Notary Public My Commission Expires: ,- _.-�_�.�_..�_ (SE�') � Melisa MNLucas�Notary Public � Harrisburg, Dauphin County ? ''�� �arnmission Expires Oct. 13,2pp3 ._;"�,';__.`,�'ncVn�a�i�Assocla' tionof Notaries Ill.11.rl.l..YILL.N . 1 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) �� ) SS: COUNTY OF �� ) � e � � ��s � we, , 1 E�������� and ��.�o�a/Lf��9�J�1��� , the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, DEAN A. HARRIS, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will 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 that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ; � � z�.�,�r,�, . .�C. Witness '`�... Witness Witness Sworn to and subscribed before mg this a y�' day of J;�I , 2000. , �� 4t'r� Notary ublic My Commission Expires: ("5E�'� Notaria�Sea� Metisa M.Lucas, Notary Public Harrisburg, Dauphin County My Commission Expires Oct. 13, 2003 Memher,pannsyA�ania Assa;iationot Notaries :228726 1