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HomeMy WebLinkAbout07-27-15 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 �f- r�. ��ueL �'c7�f�PN�KE �(Liv�,E�2 Name• File No• .� �� � a/k/a: (Assigned by Register) a/k/a: a/k/a; Social Security No: �� �� Date of Death: ?•-/7..,'" ��� Age at death: Q,Q Decedent was domiciled at death in � � County, P�. (Srate)with his/her last principal residence at � Street address,Post Office and Zi Code City,Township or Borough ounty . e Decedent died at Street address,Post Office and ip Code City,Township or Borough County State Estimate of value of decedent's property at death: ��,J .���O If domiciled in Pennsylvania....... ... ..... .... ... . . ... . All personal property $ �r�TcJ• If not domici[ed in Pennsylvania. .. .. ... .... ..... ... .. .. Personal property in Pennsylvania $ `V If not domiciled in Pennsy[vania. .. ... ..... .... . . . .. ... . Personal property in County $ Value of real estate in Pennsylvania... ... .......... .... ..... ...... ... . ... ... ... .. . . .. . ... . . . $ • TOTAL ESTIMATED VALUE. .. . $ _ , � �i _ vU Real estate in Pennsylvania situated at: (Attach additianal sheets,if necessary.) Street address,Post Offce and Zip Code City,Township 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 f�Q����� 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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �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.,penderite lite,durante absentia,durante minoritate If Administration,c.t.a. or c�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 party to a 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 incapacitate�person. ❑NO EXCEPTIONS �EXCEPTIONS � -r+ Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived bq the following�ouse(if any)a`�itdheir�t�h additional sheets,if necessary): p �? � � � � --t Name Relationshi Address rTt y �'' �,ti :_ l. r.� „�] �7 .�— .�,. " , .,:.. .._.., -. �n � .':> � 4�� �:� �rt •_ N t"' c1� 0 Form RW-02 rev. IO/l U20[l 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 '�E � � � • ' ZS7 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and conect to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of t ent,the �tio r(s)will well and truly administer the estate according to law. Sworn to o affirmed�dsu scribed before , Date ?--a 7 a��J,s me thi cc�'ay of , G�0�� _ Date $y: )� ___ Date o he egister Date BOND Required:QYES �NO To the Register of Wil[s: r� Q FEES: Please enter my appearance by my si ature belo� � � /� �p . � � � G� 0 Lett s . . . . . . . . . . . . . . . . . . . . . . $ �(U� Attorney S�gnature: c37 � � � � ( �' ) Short Certificate(s). . . . . . '�U rn � ��. N _...j C7 ( )Renunciation(s).. . . . . . . . �� �,r r€j � �'� � �� � ( )Codicil(s). . . . . . . . . . . . . ':_,. �s� :' � )Affidavit(s).. . . . . . . . . . . `--' c� � "T] -rt -t'1 .:_:, .�t Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: <�' '�� '�� � �: r. , �..: � � Commission. . . . . . . . . . . . . . . . . . Supreme Court • - r=- .:.J Other . . . . . . . . ID Number: -r� ��t N � � ��i�' . . . . . . . _ ' (� '` p ' "T1 . . . . . . . . Firm Name: . . . . . . . . Address: '�O . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . � v Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . � • Z� Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ � " - DECREE OF THE REGISTER � �l�l��D�'�,�t7 Estate of eQr � ,/? � ///? � File No: a/k/a: AND NOW, � �� � Z ,�/,� , in consideration of the foregoing Petition, satisfactory proof h mg een presented before me,IT IS CREED that Letters e C�/1 are hereby granted to /"I � � .--�,; in the abov estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of re ord as the last Will (and Codi il(s))of Decedent. � / � .. . % / � . �� � Regis er of Wills � FormRYV-02 rev. 10/11/20![ a Of 2 � REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA d i oF cuiye � _ � � � No. 2015- 00820 PA No. 21- 15- 0820 .7�� ��� ��9 ----- Es ta te Of: PEARL JOSEPHINE ELLINGER O D "� (First,Middle,Last) � v � La te Of: SHIPPENSBURG BOROUGH CUMBERLAND COUNTY N Deceased Social Security No: 1750 ----- WHEREAS, on the 27th day of July 2015 an in�rt�:�ument dated October 19th 2009 was admitted to probate as the =last will of PEARL JOSEPHINE ELLINGER (Fiist,Middle,LasU late of SH/PPENSBURG BOROUGH, CUMBERLAND County, who died on the 17th day of July 2015 and, WHEREAS, a true copy of the will as probated =is annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , �=�egister of Wills in and for CUMBERLAND County, in the Commonwealth of Periztsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: BENJAMIN L ELLINGER who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate accordin� to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set rny riand and affixed the seal of my office on the 27th day of July 2015. � �� ; �, ; o fn � �� �%� . (.� � -.�J C�.1 �-._- �'-~ �i/ � aL--�-- Register Wills / � ' 1"�' �'_ ~ t 'Y-' �"' /� '' � � � _ , , �� �.. L R.. � , � �=, .l L ,/'�, � ,N-���✓j ��' G� t...:� u— c.a �-, �>���---- D�.p� y c G7 �.'_ �� �j ::.•:� " 41 l.E.° C�• � � �.� i C�' V�, N � � CI' �-�.�-_,. :. G.? C� � --'"sj � m W �' � � � � o Ly **NOTE** ALL NAMES ABOVE APPEAR (FIRS'I', _"ilIDDLE, LAST) i . . � � . . , , � � � � � � � cz� � c... � rn rn a � � _.-, ?..- c, r— ..,. r-- ';n �- .. tv -� � : . . '�� !.�, f LAST T�1ILL AND TESTAM�'�'� ,�� � _.__ � . ,..., .�� _ rV r,� c7 �-.. n7 ��C'' C� � O 'ri PEARL J� FLLINGER � I, PEARL J. ELLINGER, of 22'?'/z Roxbury Road, Shippensburg, Franklin � County, Pennsyivania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my I.ast Will and Testament, hereby revoking and making void alI previous Wills and Codiciis heretofore made by me. FIRST � I arder and d:rect my Executor l:ereinafter named to pay all of my just debts, �-- funeral expenses and expenses involved or c.�nnected with the administration of my estate as soon after my death as is reasonably possible. I direct my Executor to pay all \ � � inheritance, estate, succession and legacy taxes, to which my estate or the transfer of any property hereunder may be subject, and to charge such taxes as part of the expenses of the administration of my estate, being deductec� and paid from the r•esidue of my estate an.i not to be deducted in any manner from any specific bequests made herein. However, my Executor need not ac�elerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more ad���,�tageous to retain or renew and pay as they � become due and payable. If I do not own a burial plot ar a orave marker at the time of my death, I authorize my Executor/Executrix, in his, her or its sole discretion, to purchase a GRIFFIE&ASSOCIATES � ,��ttorneys At Law � �200 N.Hanover Street Page 1 of 8 100 Lineoln Way East, Suite D ( Carlisle,PA 17013 �hambersburg,PA I7201 burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. SECOND I specifically acknowledge that at the time of execution of this my Last Will & Testament, my husband, Richard P. Ellinger, is still alive, but I have not provided for any distribution to him from my estate as it is my position that we have substantial jointly held assets that will provide him with sufficient assets to provide for his needs following my death and, therefore, any assets that I have in my name alone which will pass through my estate, shall pass pursuant to the terms of this My Last Will & Testament. � THIRD I give, devise and bequeath my entire estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shares to my children, BENJAMIN L. ELLINGER, TASEWOOD O. ELLINGER and RICHARD P. ` ELLINGER, JR, who survive me by sixty (60) days, per capita. I direct my Executor/Executrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a separate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said \ tangible personal property be divided between my residual beneficiaries with due regard for their personal preferences in as nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective recipient. If the said beneficiaries do not agree to th��,��g��f t�i�����n���,operty provided for hereunder, Attorneys At Law 200 N.Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 2 of 8 Chambersburg,PA I720I the decision of my Executor/Executrix, including the decision to sell the property at � public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. FOURTH I grant my Executor/Executrix the following powers in addition to and not in limitation of such powers as my Executor/Executrix shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, r reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not: limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. � (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my Executor/Executrix the broadest investment � powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. GRIFFIE&ASSOCIATES Attorneys At Law 200 N.Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 3 of 8 Chambersburg,PA 17201 (� To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my Executor/Executrix shall see fit in his, her or its � absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as � security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my � Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes af this, my Last Will and Testament. � GRIFFIE&ASSOCIATES Attorneys At Law 200 N.Hanover Street 100 Lineoln Way East, Suite D Carlisle,PA 17013 Page 4 of 8 Chambersburg,PA 17201 FIFTH No interest of any beneficiary of my estate, either in income or in principal, shall ` be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any anner while in the possession of my Executor/Executrix for the liability of such . beneficiary. SIXTH I nominate, constitute and appoint my son, BENJAMIN L. ELLINGER, as Executor of this my Last Will and Testament. In the event my son, Benjamin L. Ellinger, is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son, TASEWOOD O. ELLINGER, as Executor of this my Last Will and Testament. In the event my son, Tasewood O. Ellinger, likewise is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son, RICHARD P. ELLINGER, JR., as Executor of this my Last Will and Testament. I direct that my Executor/Executrix shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. SEVENTH I hereby declare it to be my expressed desire that my Executor/Executrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and � assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes resp ecting_�any matters that may arise at the GRIFFIE&ASSOCIATES Attorneys At Law 200 N.Hanover Street 100 Lineoln Way East, Suite D Carlisle,PA 170I3 Page 5 of 8 Chambersburg,PA 17201 probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of eight (8) typewritten pages, the first five (5) of which � bear my signature on the side margin, for purpose of identification, this /g day of Q C,'� �>�� , 2009. WITNESS: /�,' � � " �� � ARL 'T ER � . '.0 �� �S GRIFFIE&ASSOCIATES Attorneys At Law 200 N.Hanover Street I00 Lincoln Way East, Suite D Carlisle,PA 17013 Page 6 of 8 Chambersburg,PA 17201 \ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND : I, PEARL J. ELLINGER, the Testatrix 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. ,.-� � � �� � � 4�\ �__..� � PE . LLINGER , Sworn or affirmed and acknowledged before me by the Testatrix this ��h day of �C�`U i')�. � , 2009. � ..�,�� � �� ...�;;'� ��� �,►� - � �,.�w..�..�n� GRIFFIE&ASSOCIATES Attorneys At Law 200 N.Harcover Street page 7 of 8 100 Lincoln Way East, Suite D Carlisle,PA 17013 Chambersburg,PA 17201 AFFIDAVIT � COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND : WE, t�� � <<�, �_ C�r�`T\�i`� and �i��i v"l � t7 QS; f�?�-�� the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time � 18 or more years of age, of sound mind and under no constraint or undue influence. ��....._-�,;7 -.;��`"� ��'' , �,., �.�,� ,,. -�� ' r' , Sworn or affirmed and subscribed before me by �� ,:;,�f � ,.,�, �_ (�-`,�� and�jj�j"�►�, � �jf�,SS�'f"� this�day of �s��.;.���1� , 2009. n M1� ' ��l No ar Pub �c GRIFFIE &ASSOCIATES Attorneys At Law 200 N.Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 8 of 8 Chambersburg,PA 17201 ���,����, �, �,.�.�. , �`� ' �° �D� Es 1� OATH OF SUBSCRIBING WITNESS( ) REGISTER OF WILLS OF CUMBERLAND __COUNTY, PENNSYLVANIA �v c� � � � rn � � , D�as� o Estate of Pearl J. Ellinger � _ � �-.- ,� � -� -�t � r:�. 1" N ..;-� C�`t f � � � . ,'�_, C=7 '`- � � - -, —T7 -,'y `�'1 � �Z Bradley L. Griffie _ ' ;'_; � ►--+ . Kell L. Perez � �' � y (each) a subscribing witnes�.to � � (Prin[Name/sl �� (� � the 0 Will ❑ Codicil(s) presented herewith, (each) being duly quafified according to law, depose(s) and say(s) that she / he /they was/were present and saw the above Testator/Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator/Testatrix in h�s/ her presence and in the presence of each other. �����r� �,� ignature) (Signature) Kelly L'. Perez e . Grif e 396 Alexander Sprincl Road, Suite 1 396 Alexander Sprinq Road, Suite 1 (Street Address) (Street Address) Carlisle, PA 17015 Carlisle, PA 17015 (City,State,Zip) (City,State,Zip) Executed in Register's Office Executed ouf of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this- �1 �r � day of � of . �, _..� . _ -����5�— Deputy for Register of Wills Notary PubYi My Commission Expires: (Signature and seal of Notary or ot�er official qualified to administer oaths. Show date of expiretion of Notary's commission.) C:OMMGNW�ALTH OF PENNSYLVANIA �� NOTARIAL SEAL I �OgIN J,BASSETT,Notary Public :Carlisle Borough,CUMBERLAND COUNTY My Commission�xpires Aprll 17,2019 NOTE: To be taken by Officer authorized to administer oaths. Please have prese s a ime of notarization. Porm RW-03 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc.