HomeMy WebLinkAbout07-23-15 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
Name: PHILOMENA M. LAMAR File No: 21-15-�30-7
a/k/a: PHILOMENA MARY LAMAR (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 7/7/2015 Age at death: 65
Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State) with his/her last
principal residence at 128 W. PORTLAND ST.UNIT 8 17055 MECHANICSBURG CUMBERLAND
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 3401 N BROAD ST. 19140 PHILADELPHIA PHILADELPHIA 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 $ 5,000.00
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value of real estate in Pennsylvania.............................................................. $ 85,000.00
TOTAL ESTIMATED VALUE.... $ 90.000.00
Real estate in Pennsylvania situated at: 128 W. PORTLAND ST,UNIT 8 17055 MECHANICSBURG CUMBERLAND
(Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County
M 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 4/10/2009 and Codicil(s)
thereto dated NONE
State relevant circumstances(eg.renunciation,death ofexecutor,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*om or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. C t`rti ,
® NO EXCEPTIONS ❑EXCEPTIONS o C-- �
L3B. Petition for Grant of Letters of Administration(If applicable) -7D '�� r M) --I
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durantz dbs ntia,rQtt&nte to to
If Administration,ca a. or db.n.c.t.a.,enter date of Will in Section A above and completlPlist,of beirs Q�
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as define!
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ►"` f
..� f..r
❑ NO EXCEPTIONS ❑ EXCEPTIONS F-A cn
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.10/1112011 Page I of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
107 HERMAN AVE.
SUSAN LAMAR LEMOYNE PA 17043
The Petitioner(s)above-named swear(s)or afbnr(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 Represeatative(s)of the Deced nt,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to oraaffitmed and subseribed be-fore Date 07 2z I
rr thi P day of -J r S Date
By: — Date
For the Register Date
BOND Required: ❑ YES ® NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters...... .... . . . .. ...... .. $ 0 Attorney Signature:
Short Certificates(s) .. ....
( )Renunciation(s)..........
( )Codicil(s) . . .. .. .... ....
( )Affidavit(s).... ......... Printed Name: DAVID GALLOWAY
Bond . ...... ........ ...... .. ..
Commission .................... Supreme Court
Other\64 I` ... .... . . 15 ID Number: 87326
15 Firm Name: WALTERS&GALLOWAY, PLLC
1 1S
Address: 54 E. MAIN ST.
MECHANICSBURG PA 17055
Phone. 717-697-4700
Fax: 717-697-9395
Automation Fee ................. Email: david waltersgalloway.com
JCS Fee .... .... .. .......... .. . 3�.r
TOTAL... ..... . .......... . . .$ 315.Jrd
DECREE OF THE REGISTER
Estate of PHILOMENA M. LAMAR File No: 21-15- SO-7
a/k/a: PHILOMENA MARY LAMAR
AND NOW, Jou 22 20« ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY
are hereby granted to SUSAN M. LAMAR
in the above estate and(if applicable)that
the instrument(s)dated APRIL 10, 2009
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
Aalk M&EW-2
e ' ter of W lls CUMBrW"dgj4age
Form RW-02 rev.10/11/201! 2 of 2
RECORDED OFFICE OF
REGISTER OF WILLS
?015 JUL 22 FM 1 11
CL.Fi . 0
0RPHAt1S' :011 i
CUMBERLPi110 FA
LAST WILL AND TESTAMENT
OF
PHILOMENA M. LAMAR
Dated: April 10, 2009
Prepared by:
Paul M. Curry
22 Ashburn Drive Room 105
Carlisle, PA 17013
(717) 245-4940
LAST WILL AND TESTAMENT
OF
PHILOMENA M. LAMAR
I, PHILOMENA M. LAMAR, 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 a dependent of a person who is
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: I give all my real estate, and all rights that I have under any related
insurance policies, in equal shares to those of my children (SUSAN LAMAR, DANIELLE
LAMAR and KAREN LAMAR) who survive me and to the issue who survive me of those of my
children who shall not survive me,per stirpes.
THIRD: I give all tangible personal property owned by me at the time of my
death, including without limitation personal effects, clothing, jewelry, furniture, furnishings,
household goods, automobiles and other vehicles, and all rights that I have under any related
insurance policies, to those of my children who survive me, in substantially equal shares, to be
divided among them as they shall agree, or if they cannot agree, as my Executor shall determine.
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) To those of my children who survive me and to the issue who survive me of
those of my children who shall not survive me, per stirpes.
(b) If no issue of mine survives me, 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 Executor, 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 Executor from any
liability with respect thereto, even though my Executor may be such person. If such beneficiary
is a minor, my Executor 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 SUSAN LAMAR to be my Executor. If SUSAN LAMAR
shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease
to act for any reason as my Executor, I appoint DANIELLE LAMAR as my Executor. If
DANIELLE LAMAR shall fail to qualify for any reason as my Executor, or having qualified
shall die, resign or cease to act for any reason as my Executor, I appoint KAREN LAMAR 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 Executor 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 Executor may act. I also grant to my
Executor 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 pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind,
and to allocate different kinds of property, disproportionate amounts of property and undivided
interests in property among any parts, funds or shares; to determine the fair valuation of
property, with or without regard to tax basis; 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 "Executor" 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.
2
IN WITNESS WHEREOF, I, PHILOMENA M. LAMAR, sign my name and publish and
declare this instrument as my last will and testament this 10th day of April, 2009.
f
PHILOMENA M. LAMAR
The foregoing instrument was signed, published and declared by PHILOMENA
M. LAMAR, the above-named Testatrix, to be her last will and testament in our presence, all
being present at the same time, and we, at her request and in her presence and in the presence of
each other,have subscribed our names as witnesses on the date above written.
having an add r s at
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having an address at
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1�'tot�
3
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss.
We, the Testatrix and the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the Testatrix, PHILOMENA M. LAMAR, signed and executed said instrument as her last will
and testament in the presence and hearing of the witnesses, and that she stated that said
instrument was her last will and testament, and that she had signed willingly, and that she
executed it as her free and voluntary act and deed for the purposes therein expressed, and that
each of the witnesses at the request of the Testatrix, in the presence and hearing of the Testatrix
and each other, signed the will as witness, and that to the best of his or her knowledge the
Testatrix was at the time at least eighteen years of age or emancipated, of sound mind and under
no constraint, duress, fraud or undue influence.
PHILOMENA M. LAMAR
Testatrix
print: 70-X"
Witness
X<!* / �..---
print: (" ..
Witness
Subscribed, sworn to and acknowledged before me by the said PHILOMENA M.
LAMAR, Testatrix, and subscribed and sworn to before me by the above-named witnesses, this
10th day of April, 2009.
64
Notary Public
My commission expires on
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Rosa A.Ortiz,Notary Publi,_
Carlisle Boro,Cumberland County
My Commission Expires Nov.8,2009
her. 0 ^ 11vania As,=Iafion of NotariF-