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)thi
following and respectfully requests the grant of Letters in the appropriate form:
Margaret L. Eason
Decedent's Information
Name: Harry F.Hains File No: 21-15 - l V ad
a/k/a: Harry F.Hains.Jr. (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 01/15/2015 Age at Death: 90
Decedent was domiciled at death in Cumberland County, PA (State) with his/her last
principal residence at 121 Walnut Bottom Road,Shippensburg 17257 Shippensburg Cumberland
Street address,Post office and Zip Code City,Township or Borough County
Decedent died at 121 Walnut Bottom Road,Shippensburg 17257 Shippensburg 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 $ 9,500.00
If not domiciled in Pennsylvania................. Personal property in Pennsylvania $
if not domiciled in Pennsylvania................. Personal property in County $
Value of real estate in Pennsylvania........... $
TOTAL ESTIMATED VALUE$ 9,500.00
Real estate in Pennsylvania situated at
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
QX A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 10/25/2005 and Codicil(s)
thereto dated
(State relevant circumstances,e.g.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,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 bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
QX NO EXCEPTIONS❑EXCEPTIONS
❑B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.; . .n.; . .n.c.t.a.;pe ente lte;durante absentia;di nte minorltate
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.
Except as follows:Decedent was not a parry to 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.
[X 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 sleets,if necessary):
Name Relationship Address
7t M
Donna M.Gable Friend 1340 Buttonwood Drive Q 1�
Dauphin,PA 17018 t ----o C—
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Form RW-02 rev.1a11-2o11 G� C-)
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland SS:
Petitioner(s)Printed Name Petitioner(s)Printed Address
rn
Margaret L.Eason 1224 Red Hill Road
C_
Dauphin,PA 17018
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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,Petitioner(s11 well and truly administer the estate according to law.
JL 0 5
Sworn to or affirmed and subscribed before Date
- /
me this day of Q'_" " , Date
By: , C/- Date
A-the Register- Date
BOND Required?- te—TWII/
Yes No To the R ' To )I s: signature below:
Please 7ntermyappearance/b'ym
FEES
Letters............................................ $ H5 Attorn y� Sign re: A
O Short Certificate(s).................... j_5 �� -
Renunciation(s)...............
Codicil(s).........................
Affidavit(s)....................... Printed.Name: Robert G Radebach
Bond.............................................. Supreme Court
Commission................................... ID Number: 19255
Other
Firm Name: Law Office of Robert G.Radebach
6 Address: 912 North River Road
f T-h jyn
Halifax,PA 17032
Phone: 717/896-2666
Automation Fee............................. Fax: 7171896-2754
JCS Fee......................................... E-mail: missyswartz5l@aol.com
TOTAL........................................... $
DECREE OF THE REGISTER
Date of Death: 01/15/2015
Social Security No:
Estate of Harry F.Hains File No: 21-15 - (pqo
a/k/a: Harry F.Hains,Jr.
AND NOW, in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Margaret L.Eason
in the above estate and(if applicable)that the instrument(s)dated 10/25/2005
described in the Petition be admitted to probate and filed of record as the last Will(and C$dicil(s))of Decedent.
Regis eFoT Wills
copyright(c)2011 form software only The Lac r GPM Page 2 of 2
RENUNCIATION
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Harry F. Hains Deceased
A/K/A Harry F. Hains, Jr.
( Donna M. Gable in my capacity/relationship as
(Print Name)
Friend of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Margaret L. Eason
06/16/2015
(oataL r--( (signbtur Donna M. Gable
o to si
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LL_ 1340 Buttonwood Drive
U— Li [�, (Street Address)
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co ui = --1 Dauphin, PA 17018
(City,state,zip)
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Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
party executin this renunciation and ert)fied
before me this day that he or a cuted th renun�c�1�on for the
of purpos stated.withi n t s day
of V
Deputy for Register of Wills No ary Public
My Commission Expires:
(Signature and seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notarys commission.)
COMMONWCAQ AE t jUN . MANIA
■.�svr�■es�� ..
NOTARIAL WL
FiOBERTQ.RAAEAACti,Notary Public
HalifaxTWp„Dauphin County
My Commission Expires April 8,2018
Form RW-Os Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc.
RECORDED OFFICE OF
REGISTER OF MILLS
WILL
?0I5 JUN 18 FM 2
OF CLERK OF
HARRY F. HAINS ORl'1- AIS 4S° COURT
CU ABERLAND CO., PA
1, HARRY F. HAINS, of Dauphin County, Pennsylvania, hereby revoke all prior
wills and codicils and make, publish, and declare this instrument to be my last will.
Section 1. Executors. I appoint DONNA M. GABLE to serve as executor of
this will. If she shall fail to qualify or cease to act as executor, I appoint MARGARET L.
EASON to serve as successor executor.
Section 2. Tangible Personal Property. I give all my tangible personal
property, not including any property used in a trade or business, together with all my rights with
respect to all insurance relating to this property, to DONNA M. GABLE, if she survives me.
Section 3. Residuary Estate. I give all the residue of my estate, of whatever
nature and wherever located, including any property described in but not effectively disposed of
by preceding sections of this will, to DONNA M. GABLE, if she survives me, or, if she does not
survive me, as follows:
(a) Fifty (50%) percent thereof in equal shares to my daughters, PEGGY
GOOD and LISA LEHMAN, who survive me. I acknowledge that I have other children, but I
have specifically not included them in this will and I do not intend for them to receive any
portion of my estate.
(b) Fifty (50%) percent thereof to MARGARET L. EASON, if she survives
me.
Section 4. Death Taxes. I direct that all transfer, estate, inheritance,
succession, and other death taxes that become payable by reason of my death, not including
generation-skipping transfer taxes, with respect to all property included in the computation of the
taxes, whether or not passing under this will, shall be paid out of my estate in the same manner
as a general administration expense, without apportionment.
Section 5. Spendthrift Provision. Except as otherwise required by law, no
interest of any beneficiary in any property passing under this will, whether income or principal,
shall be subject to anticipation or assignment by the beneficiary or to attachment or other legal
process by,any person having a claim against the beneficiary while in the possession of my
fiduciaries.
Section 6. Administrative Powers. I authorize my fiduciaries, with respect to
all property held by them in any capacity under this will, to exercise in their sole discretion and
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without prior authority from any court, in addition to all powers conferred on them by law, the
following powers:
(a) Power to purchase or otherwise acquire and to retain any property,
whether or not authorized for investments by law, and whether or not productive, without
diversification as to kind or amount.
(b) Power to transfer, sell, exchange, partition, lease, mortgage, pledge, give
options upon, or otherwise dispose of any property, at public or private sale or otherwise, for
cash or other consideration or on credit, and upon such terms and conditions, with or without
security, and for such price as they may determine.
(c) Power to hold cash uninvested in such amounts, at such times, and for
such periods as they may determine.
(d) Power to hold or register any securities or other property in the name of a
nominee or in such form as to pass by delivery, with or without indicating their fiduciary
character.
(e) Power to vote any corporate stock in person, through designees, or by
proxy, with or without power of substitution, and to execute authority or proxies to one or more
designees or nominees.
(f) Power to join in and to deposit securities under any plan of lease,
mortgage, merger, consolidation, reorganization, foreclosure, or voting trust and generally to
exercise all the rights and powers of a security holder of any corporation.
(g) Power to borrow money and to pledge property to secure the borrowing
without incurring personal liability.
(h) Power to compromise or settle claims and other controversies on such
terms as they shall determine.
(i) Power to allocate any property received or any.charge incurred either to
principal or income or partly to each without regard to any law defining principal and income.
(j) Power to exercise any tax elections provided by law without requiring
adjustment between principal and income for any resulting effect on income or estate taxes.
(k) Power to make distributions in cash or in kind, or partly in each, or by way
of undivided interests, without making pro rata distributions of specific assets, and without
regard to the income tax basis of specific assets allocated to any beneficiary.
(1) Power to distribute any property that shall vest in or become distributable
to a beneficiary who is a minor or who is otherwise subject to a legal disability, by distributing
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the property to or for the benefit of the beneficiary directly, without the intervention of a
guardian, or by distributing the property to a guardian of the estate of the beneficiary.
(m) Power in my executors to disclaim on my behalf any interest in property
that would otherwise have passed to me by any means prior to my death.
(n) Power to retain and to pay the fees and expenses of attorneys, accountants,
custodians, investment counsel, and other agents and advisors, without reducing the
compensation payable to my fiduciaries.
Section 7. Concerning, Fiduciaries.
(a) When there is another fiduciary or a successor fiduciary, any individual
fiduciary may resign at any time by giving reasonable notice in -vvriting to the other then acting
fiduciary or, if there is none, to the successor fiduciary.
(b) No fiduciary shall be required to give a bond or other security in any
jurisdiction.
(c) If the attending physician of a fiduciary certifies to the other then acting
fiduciary or, if none, to a successor fiduciary, that the physician's patient lacks sufficient capacity
to make or communicate responsible decisions, the patient shall cease to be a fiduciary.
(d) A fiduciary may make court accountings, but the approval of an account
by the interested beneficiary or beneficiaries, or in the case of a minor beneficiary by a parent of
the minor, shall be a full discharge of a fiduciary. When there is another fiduciary, no
accounting shall be required of an individual fiduciary or his personal representative because of
the fiduciary's death, incapacity, or resignation as a fiduciary.
I have signed this instrument as my last will on this date: 0S 2005.
(HAY F. Hains)
Signed, published, and declared by the above named testator as and for his last
will, in the presence of us, who, at his request, in his presence, and in the presence of each other,
have subscribed our names as witnesses.
i
A-
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WILL
OF
HARRY F. HAINS
Acknowledgment
Commonwealth of Pennsylvania
County of York
I, the testator whose name is signed to the attached or foregoing instrument, having been
duly qualified according to law, hereby acknowledge that I signed and executed the instrument
as my last will and that I signed it willingly and as my free and voluntary act for the purposes
therein expressed.
arry F. Hains)
Sworn to or affirmed and acknowledged before me on this date: C+
Attorney, Ngmber oft Supreme
Court of Pennsylvania
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WILL
OF
HARRY F. HAINS
Affidavit
Commonwealth of Pennsylvania
County of York
We, the witnesses whose names are signed to the attached instrument, having been duly
qualified according to law, hereby depose and say that we were present and saw the testator sign
and execute the instrument as his last will,that the testator signed willingly and executed it as his
free and voluntary act for the purposes therein expressed, that each subscribing witness in the
hearing and sight of the testator signed the will as witness, and that to the best of our knowledge
the testator was at that time 18 or more years of age, of sound mind, and under no constraint or
undue influence.
'tne
Witness
Witness
Sworn to or affirmed and acknowledged before me on this date: o�� oZC)057
Attorney, M ber of th upreme
Court of Pennsylvania
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WILL
OF
HARRY F. HAINS
Commonwealth of Pennsylvania
County of Lancaster
On this date, October 25, 2005, before me, the undersigned officer, personally appeared
NANCY MAYER HUGHES, ESQUIRE, satisfactorily proven to be a member of the bar of the
highest court of Pennsylvania and certified that she was personally present when the foregoing
acknowledgment and affidavit were signed by the testator and witnesses.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
ary Publi
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Judith F.Binkley,Notary Public
City Of Lancaster,Lancaster County
My Commission Expires Mar.14,2009
Member,Pennsylvania Association of Notaries
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