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HomeMy WebLinkAbout06-12-15 PETITION FOR GRANT OF LETTERS Cumberland REGISTER OF WILLS OF COUNTY,PENNSYLVANIA Pclitioner(s) named below, who is/are 18 years of age or older, apply(ics) for Letters as specific(] below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information 'D I^i 6 ^/ �p Natnc: o n -ram File No: 1 10 0 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: May 27, 2015 Age al death: 85 Decedent was doiniciled A death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 125 Imperial Court Carlisle, North Middleton Township, Cumberland Soect address,Post Office and Zip Code City,9•oirnship or Borough Counly Deccdent died at 125 Imperial Court Carlisle, North Middleton Twp. Cumberland_ PA Street address,Post Office and Zip Code City,township or Borough Counly Slate Estimate of'value of decedent's property at death: p ID If donticiled in Pennsylvania............................ All personal property $ yr©fODO. ifnotdomiciled in Penns;j4van rt. .......................Personal property in Pennsylvania If not doiniciled in Pennsylvania. ....................... PersonaltY ro ter ut Count 5 P 1 � y o Vrtltle of real estate is Pennsylrvnnia................................ $ l 0 0,00 ZI TOTAL ESTIMATED VALUE. 0 f t7190 � Kcal estate in Pennsylvania situated at: 111nach additional sheox,ifnecexsaryj Street address,Post Office and Zip Code City,Township or Borough County ® A, Petition for Probate and Grant of Letters Testamentary Petitioner(s)nver(s)he/she/they Ware the Executor(s)named in the last Will of the Decedent,dated July 8, 2003 and Codicil(s) thereto dated none State relevant circumstances(e.g.rentatcltaiun,death ofexecotor,etc.) ----'— Except as follows:after the execution of the insh•uineot(s)offered for probate Decedent did not marry,was not divorced,was not it party to it pending divorce proceeding wherein the grounds for divorce had been established as delinetl 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 in iacapncitatcd person. N NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (11'applicable) -- rn e.t.a.,dAn.,dAn.ata.,pendente life,durante absentia.4 u'aMe minorita Gy ll•Administration,c.f.a. or(1,b.ii.c.f.a.,enter date of Will in Section A above and complete list ofJCirs._ � a �, t--- P-•-A � t Except as follows: Decedent was not a parry to a pending divorce proceeding wherein the grounds for divorce had been e ta�bliMidd list flclindi�y � C� in 23 Pa.C.S.§3323(g)and was neither the victim of a killing not ever adjudicated all incapacitated person. (,, :) Q ❑NO i.XCEP•riONS ❑EXCEPTIONS --r Pctitioner(s),after n proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(iftux)a)(111 (aflu u(lditional.•lreets,ifnecesseny): t� Name Relationship Address ' Cn O 'T1 Farm REV-02 rev,101(112011 Page 1 of 2 Oath of Personal Representative Official Use only COMMON"/EAU141 OF PENNSYLVANIA } SS: COUNTY OF Cumberland } Pctitioner(s)Printed Name Petitions(s)Printed Address Dawn Durain 192 Hopewell Pennington Road, Hopewell, NJ 08525 John J. Durain 232 Campground Road, Carlisle, PA 17015 The PC(iIioner(s)above-named swears)or aflirm(s)the statements in the foregoing Petition are true and correct to the best oI'the knowledge and belief or Pelitiouer(s)and that,as Personal Representative(s)of the Decedent,the Pet ner(s)will well and Iruly administer the estate according to law. Sworn too•affirmed at d subscribed before Date 6�/r/ me this day of Cie- ,2US Dare 6 By: lU I U—L (/ Date For the Register Date 13OND Required:AYES V�NO To the Register of N'itlst FENS: Please enter lily appearance by Illy signature below: Leltcrs............... .. ..... $ Attorney Signatore: ( 3 )Short Certificate(s)...... ( )Reiiunciation(s).... ..... ( )Codicil(s). ............ *-4#,) ( )Aftidavit(s)....... ..... Bond....•••••,,•••.,•.. ..,.. Printed Name: Michael A. Scherer, Esquire Commisstion. ... .......... .... Supreme Court 61974 (�- Other V Y( `1 ID Number: 1 V)Vi5 Baric Scherer LLC it r)Y1*-a fieTuin-) tS Firm Name: Address: 19 West South Street Carlisle, Phone.. (717) 249-6873 Automation Fee. . ......... .... �!5 Fax: .res Fee. ..... ............... _ 5� Entail: mschererabaricsche r.cQm M M TOTAL.. ........... ..... .... S DECREE OF THE REGISTER rte- :Z, Estate or John Durain File No: TI C+ C: AND NOW, �� ,`—�-� ,in consideration of theibreg Ing Petiti= r satisfactory proof having been presented before me,ITIS DECREED that Letters testamentary cn o are hereby granted to John J. Durain and Dawn Durain rn in the above estate and(if applicable)that the insh•utnent(s)dated July 8, 2003 described in the Petition be admitted to probate and filed of rec d as the last Will 6nd Codicil(s))of Decedent. Aggestir of Wills �RY r„,•„,R 01-02 re.-.roti 112011 ���Q ,�}���U�G 2 RECORDED OFFICE OF REGISTF, '. OF `':`41_LS ?o15 JUN 12 9Fi 10 97 LAST WILL AND TESTAMENT CLER.71\ 0 F OF (� ORPHANS' RC fl/U R T a JOHN DURAIN I, JOHN DURAIN, a resident of the Commonwealth of Pennsylvania, make,publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am retired from the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: It is my desire that, upon my death, I be buried with full military honors at Fort Indiantown Gap National Cemetery. THIRD: I give all real estate owned by me at the time of my death, including all buildings and improvements thereon and all rights and easements appurtenant thereto and all rights that I have under any related insurance policies, to my wife MILDRED DURAIN,if she survives me,to have and to hold the same for and during her lifetime, without the necessity of paying rent or furnishing bond or other security therefor, but subject to and upon the condition that she pay all real property or similar taxes (not estate or inheritance taxes), assessments, carrying charges (including fire and extended coverage insurance premiums on the buildings and fixtures at the full insurable value thereof) and normal costs of maintenance and repair in respect thereof. Upon the death of my wife, or upon her earlier disclaimer, renunciation or relinquishment of her interest in said real property, or upon my death if my wife does not survive me,I give said real property to my then living issue per stirpes as tenants in common. Questions concerning the management of said real property or any reinvestment of the proceeds thereof, including without limitation the allocation of receipts and disbursements, the payment of any mortgage or encumbrance, and the cost of alterations and improvements between her life estate and the remaindermen, shall be governed by the rules applicable to legal life estates, or, if those rules do not address a particular question, by the rules of law applicable to the income and principal of property held in trust,and my wife shall have all of the powers a trustee would have in dealing with said real property or reinvestments. I intend my wife to have not less than that degree of beneficial enjoyment of said real property or reinvestments that a person unqualifiedly designated the life beneficiary of a trust has, and the provisions of this Article shall be construed and applied accordingly. FOURTH: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death(collectively referred to as my"residuary estate"),as follows: (a) If my daughter DAWN DURAIN and my son JOHN J. DURAIN or either of them shall survive me, to those of my daughter DAWN DURAIN and my son JOHN J. DURAIN who survive me,in equal shares. (b) If none of the beneficiaries under clause (a) above shall survive me, my residuary estate shall be paid and distributed to my wife MILDRED DURAIN if she shall survive me. (c) If none of the beneficiaries described in clauses(a)and (b)above shall survive me,then I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FIFTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executors, at any time and without court authorization,may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executors from any liability with respect thereto,even though my Executors may be such person. If such beneficiary is a minor, my Executors may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen(18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SEVENTH hereof. If the beneficiary dies before attaining said age,any balance shall be paid and distributed to the estate of the beneficiary. SIXTH: I appoint my daughter DAWN DURAIN and my son JOHN J. DURAIN as Co- Executors of this will. If either of my Executors shall fail to qualify for any reason as Executor or,having qualified shall die, resign or cease to act for any reason as Executor, the other Executor may act alone as my Executor. I direct that no Executor shall be required to file or furnish any bond,surety or other security in any jurisdiction. SEVENTH: I grant to my Executors all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executors may act. I also grant to my Executors power to retain, sell at public or private sale, exchange,grant options on, invest and reinvest, and otherwise deal with any kind of property,real or personal, for cash or on credit;to hold,manage,insure,repair,improve,demolish,divide,and otherwise deal with and dispose of any property; to borrow money and mortgage, encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executors" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. EIGHTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. NINTH: I have served in the Armed Forces of the United States. I therefore request that my Executors make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executors consult with a retired affairs officer at the nearest military installation,the Department of Veterans Affairs, and the Social Security Administration. TENTH: Except as otherwise provided in this will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide in the will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. If any person named as a beneficiary under this will institutes a will contest,acts as a party to a will contest initiated by someone else, or aids and abets anyone instituting a will contest, I direct that any bequest, devise,or share of my residuary estate that would otherwise go to him shall lapse,as if he had predeceased me. This document was prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and instructions,by Captain Robert E. Samuelsen II,U.S. Army, who is licensed to practice law in the State of Minnesota. IN WITNESS WHEREOF I, JOHN IN, sign my name and publish and declare this instrument as my last will and testament this day of ,2003. I also have affixed my signature on 2 the bottom of each of the preceding pages hereof. az JOHN DURAIN The foregoing instrument was signed, published and declared by JOHN DURAIN, the above- named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. having an address at / 703 having an address at e''41 . PA / 700 3 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND,ss. We,JOHN DURAIN and s i _ ��'6� 4__PAVT.P-Q.-eE4AIF_- --------------------------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,JOHN DURAIN, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. (;46yjvl�_. HN DURAIN TestatorA2� A � r fitness Witness Subscribed, sworn to and acknowledged before me by the said JOHN DURAIN, Testator, and subscribed and sworn to before me by the above-named witnees,this day of 2003. tary Public Notarial Seal My commission expires on o2lJ4i Betty S. Kistler, Notary Public. Carlisle Boro, Cumberland County My Commission Expires May 14, 2005 Member,PennsylvaniaAssooiOol),otlyQWe. Notarial Seal Betty S. Kistler, Notary Public Carlisle Boro, Cumberland Count- My Commissior -n-- ns<. f„