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HomeMy WebLinkAbout06-18-15 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 ��^l��� Name: JOHN E. DYSON File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: MAY 17, 2015 Age at death: 83 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State)with his/her last principal residence at 120 PINE ROAD, MT. HOLLY SPRINGS 17065 S. MIDDLETON TOWNSHIP CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1000 CLAREMONT RD., CARLISLE 17013 MIDDLESEX 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 $ 18,000 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .....,.................. Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 120000 TOTAL ESTIMATED VALUE. ... $ Real estate in Pennsylvania situated at: 120 PINE ROAD, MT. HOLLY 17065 S. MIDDLETON TWP CUMBERLAND (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ❑,7 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 JUNE 26, 2014 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc) 70 . C Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,was not divorced,wa`zGFA party to nding- divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did,�ttmve a chil m off, adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. { F , --? a M NO EXCEPTIONS ❑EXCEPTIONS co ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentiaWurante minoritate.'y If Administration,Gt.a. or db.n.c.t a.,enter date of Will in Section A above and complete list;9fteirs. {` o C7 Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established Ajdlfined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑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. 10/11/3011 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 DEBORAH L. HERSHEY 122 W. RIDGE RD., DILLSBURG, PA 17019 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 Petitioners)will e11 and truly administer the estate according to law. Sworn to or affirmed and subscribed before JiC�C� �-� Date me this day of Ufa �Z6f� Date By: ll`-�� ate � '. For the Register (Date-, C. ;Tl BOND Required:AYES mNO To the Register of Wills: r- f'n CO FEES: Please enter my appearance by my signaturqeww t Cs Ca Letters . . . .. . . .. . . . . . . . . . . . . . $ 260.00 Attorney Signature: -n ( 1 )Short Certificate(s).. . . . . 5.00 tv r, rst ( )Renunciation(s).. . . . . . .. - CD G 3 ( )Codicil(s). . :. . . . . . . . . . C3"1 ( )Affidavit(s).. . . . . . . . . . . Bond... . . . .. . . . . .. . . . . . . . . . . Printed Name: MA A. McKNIGHT Commission. . . . .. . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 93010 WILL . . . . . . . . 15.00 INVENTORY .. . . . . . . 15.00 Firm Name: IRWIN&McKNIGHT, P.C. INH TAX RETURN . . . . . . . . 15.00 Address: 60 WEST POMFRET STREET . . . . .. . . CARLISLE, PA 17013 . . .. . Phone: (717)249-2353 Automation Fee. . . .. . . . . . . . . . . 5.00 Fax: (717)249-6354 JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: TOTAL. . . . . . . . . .. . . . . . . . . . . $ 350.50 DECREE OF THE REGISTER �J Estate of Nclnn �.11� File No: l a/k/a: AND NOW, V r�. I ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to DEBORAH L. HERSHEY in the above estate and(if applicable)that the instrument(s)dated JUNE 26, 2014 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. g ster of W4ils Form RW-02 rev.10/11/2011 "=ge 2 of 2 RECORDED ()FFitE OF REGI0,T-1 r C Mis UIUIN 18 C L E RI iz OF n °,R Pr�s H ' ALAS'T WILL AND TESTAMENT C1 MBr'_-1iLi V' o Go I5a I, JOHN E. DYSON, 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. 1. I direct my Executrix or Substitute Executor, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executrix or Substitute Executor from my estate, and that none of the aforesaid taxes shall be prorated among those persons named herein or otherwise beneficiaries hereunder. 2. My Executrix or Substitute Executor may, at her discretion, compromise claims, borrow money, retain property for such length of time as she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. 3. I authorize and empower my Executrix or Substitute Executor 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 therefore, in fee simple, as I could do if living. My Executrix or Substitute Executor 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 Executrix or Substitute Executor. 4. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my five (5) children as follows: JOHN J. DYSON,per stirpes...............................12.5% DEBORAH L. HERSHEY,per stirpes..................37.5% MICHAEL W. DYSON,per stirpes.......................12.5% MARK V. DYSON,per stirpes......................................12.5% DORA J. KUNTZ,per stirpes...............................25% Per Stirpes means the child or children of any deceased child takes the share their parent would have taken if living. If one of my children dies without living issue, the share of said deceased child shall be distributed in equal shares to my other children living at the time of my death. 5. 1 nominate and appoint DEBORAH L. HERSHEY to be the Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is not able or 2 does not serve for whatever reason, I then appoint MARK V. DYSON to be the Substitute Executor of this my Last Will and Testament, whereby the said Substitute Executor shall have the same powers as are given to the original Executrix hereunder. 6. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. 7. No Executrix or Substitute Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 8. No beneficiary may assign, anticipate or pledge her or his interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 9. If any person 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 shall forfeit his or her entire interest inherited hereunder and all provisions in favor of such person shall be declared void and of no effect. The share of such person so forfeited shall be distributed as part of the residue pursuant to Paragraph No. 5 hereof, as the case may be, except that if such person is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary beneficiaries. 3 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 26th day of June 2014. (SEAL) (j,JOHN E. DYSON Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in our presence, who, at his request, in his presence and in the presence of each other have hereunto set our names as subscribing witnesses. 4 ACKNOWLEDGMENT AND AFFIDAVIT WE, JOHN E. DYSON, MATTHEW A. MCKNIGHT and SHARON L. SCHWALM, 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 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. �LL 'F j��� JOHN E. DYSO-19 THEW A. MCKNIGHT SHARON L. SCHWALM COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by JOHN E. DYSON, the Testator herein, and subscribed and sworn to before me by MATTHEW A. MCKNIGHT and SHARON L. SCHWALM, witnesses,this 26th day of June 2014. 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