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HomeMy WebLinkAbout08-06-15 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: Christopher J Nolan - Decedent's Information ry Name: John E.Nolan File No: 21-15 - a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 70 Fairway Drive,Camp Hill 17011 Hampden Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 70 Fairway Drive,Camp Hill 17011 Hampden 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 $ 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................................................................... $ 223,600.00 TOTAL ESTIMATED VALUE $ 224,100.00 Real estate in Pennsylvania situated at 70 Fairway Drive,Camp Hill 17011 Hampden Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ® 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 04/13/1993 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 mar 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 (8),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.,pedente lite,durante absentia.durance minoritate 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 party to pending divorce proceedingwherein 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 adudicated 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 o � co rn �. � p rnrnC-) '1 —i ,I7 r- S fTl CF) QD co o W r-- r n �rD e 1 of 2 Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. 7 CJS (J') 9 ' C.i' i Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SS: RECO-11DED OFFICE OF R F P 1 Petitioner(s)Printed Name Petitioner(s)Printed Address Christopher J.Nolan 8 Mary Drive ?015 AUG 6 PM 3 59 Dillsburg,PA 17019 e Lt. ORPHAN001 0'J,, T C[JMBFPI !In, The Petitioner(s)above-named swear(s)or affirm(s)the statemen theA pr oing Pet''In are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of d e onll and truly administer the estate accordiqg to law. Sworn to r affirmed an subscribed before Data me t 'y 4z day of F,4 a8E Date%-/ By: Date FAM'Register' Date BOND Required? FIYES nX NO To the Register of Wills: FEES: _�10 Please enter my appearance by my signature below: Letters.......................................... $ Attor ey Signature: )Short Certificate(s)......... )Renunciation(s).............. )Codicil(s)........................ )Affidavit(s)...................... Printed Name: Kristen Lleb Esq. Bond............................................. Supreme Court Commission.................................. ID Number: 316373 Other )111 Firm Name: Buchanan Ingersoll&Rooney PC RV Address: 409 North Second Street Q_-\I) f-) 1,15 Suite 500 Harrisburg,PA 17101-1357 Phone: 717-237-4800 Automation Fee............................ 14� Fax: 717-233-0852 JCS Fee....................................... E-mail: kristen.1106-bipc.com TOTAL......................................... $ DECREE OF THE REGISTER Date of Death: 07/04/2016 Social Security No: Estate of John E.Nolan File No: 21-15 a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been Vesented before me,IT IS DECREED that Letters Testamentary are hereby granted to Christopher J.Nolan in the above estate and(if applicable)that the instrument(s)dated 04113/1993 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) fDecedent. Register of Wills qtr Copyright(c)2011 form software only The Lackner Group,Inc Page 2 of 2 • • O LAST WILL AND TESTAMENT OF JOHN E. NOLAN I , JOHN E. NOLAN, of the Borough of Camp Hill and County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind and of full age , do make , publish and declare this as and for my Last Will and Testament , hereby revoking any and all prior Wills or Codicils . cCCrlm ITEM I . P `II `5 � o tai � � E5ct� -:6 (a) I direct that all my just debts and`,-- Y:p r91) � o expenses be paid by my Executrix out of my Estate as soon,' alfttg my decease as may be conveniently done . - �`' r M c� C/-) a (b) I direct that as soon as practicable after my . death, and before embalming or autopsy, my body, if medically acceptable , be placed in the hands of the Humanity Gifts Registry of the Commonwealth of Pennsylvania by my nearest kin or by the Executrix of my estate for delivery to any reputable hospital , for use as follows : (i) To use any or all body organs or body parts that may be needed to help others . (ii) To use my entire body for medical research and medical education. (iii) In event that body organs or body parts are not medically acceptable for the purposes recited hereinabove , I direct that I be cremated as soon after my death as my Wife or -1- Executor deem practical . ITEM II . (a) All the rest, residue and remainder of my estate, of whatever nature and wherever situate , I give , devise and bequeath to my Wife , DORCAS D. NOLAN. (b) In event that my Wife shall have predeceased me , or shall not have survived me by at least thirty (30) days , I give devise and bequeath all the rest , residue and remainder of my Estate to my children, CHRISTOPHER JOHN NOLAN, LISA MARIE TERRELL, JENNIFER NOLAN MICHALIK, JULIANNE NOLAN and VINCENT E. NOLAN. (c) In event that any of my children shall have predeceased me , or shall not have survived me by at least thirty (30) days , leaving issue surviving him or her, I direct that his/her share shall be paid over to said issue in equal shares per stirpes . (d) In event that any of my children shall have . predeceased me , or shall not have survived me by at least thirty (30) days , without leaving issue surviving him or her, I direct that his/her share shall be paid over to and augment the shares of the surviving children. (e) In event there is furniture, furnishings or personal items not selected by my children after an equitable division of the furniture and furnishings in my home , I direct my -2- Executor to offer any items not so selected to extended family members before selling these items at public or private sale . ITEM III . I direct that the share of any beneficiary named hereunder who at the time of my death shall be under the age of eighteen (18) years or incapable of receiving his or her share directly because of incompetency or other incapacity, shall remain in Trust during such incapacity for the following uses and purposes : (a) To accumulate or pay the net income therefrom to or for the comfort, maintenance and support of such beneficiary during such minority or incapacity as my Trustee in his sole discretion may decide ; (b) To distribute and pay over to any such beneficiary the corpus of his or her trust in accordance with the provisions established under this Last Will and Testament when such beneficiary is no longer incapacitated or upon attainment of the age of eighteen (18) years , whichever date is later . If upon attaining the age of eighteen (18) years a physically or mentally incapacitated beneficiary is still unable to properly receive or disburse his or her share , my Trustee in his sole discretion may pay over such share to such person or persons as may be in charge of such incapacitated beneficiary. -3- ITEM IV. All inheritance, estate and other death taxes and interest and penalties thereon, payable by reason of my death, shall be paid from the residue of my estate as if such taxes were administrative expenses , without reimbursement from any beneficiary. My Executrix may also at her sole discretion pay immediately, or delay payment of inheritance , estate or other taxes on any remainder interest . ITEM V. I expressly direct that all principal and income of any estate or trust created hereunder shall be free and clear of the debts , contracts and engagements 'of those beneficially interested therein, and from anticipation, assignment, alienation.,. attachments , executions or sequestrations , by any process , legal or equitable , and shall be paid over directly to the persons entitled thereto hereunder upon their own proper receipt in writing only. ITEM VI In the event that my said Wife and I shall die simultaneously, or under circumstances which make it difficult to determine which of us died first, I direct that my Wife shall be deemed to have survived me for the purpose of this Will , and I direct further that the provisions of this Will shall be construed upon that assumption, irrespective of any provision of -4- law establishing a contrary presumption or requiring survivorship for a fixed period as a condition of taking property by . inheritance . ITEM VII. In addition to powers elsewhere granted herein or by law, my Trustee, at his sole discretion may : (a) Retain property for such length of time as he may deem proper; (b) Invest principal and accumulated income in any property which he may deem suitable, without restriction to legal investments , including any common trust fund operated by corporate fiduciary hereunder, and keep a reasonable amount of cash uninvested; (c) Exercise, buy or sell subscription or conversion rights , and participate in reorganizations , recapitalizations , consolidations , mergers , exchanges , capital readjustments , liquidations and creditors ' and security holders ' arrangements ; (d) Exercise voting rights and issue proxies , discretionary or otherwise upon or in connection with any stock or other security in the trust estate as he shall deem proper ; (e) Register investments in his name or in the name of a nominee, or hold investments unregistered; (f) Lease and sell property for such prices on such -5- � n terms , at public or private sale, as he may deem proper and grant options for the purchase or lease of property; (g) Borrow money, mortgage real estate, pledge personal property as collateral for loans and compromise claims ; (h) Allocate any property received or charge incurred including Trustee ' s compensation to principal or income or partly to each, without regard to the usual rules of trust accounting; (i) Make distributions in cash or in kind; (j ) Treat all stock dividends as principal and same shall be added to corpus . All extraordinary cash dividends shall be considered income; (k) Apply income for the comfort, maintenance , education and support of any beneficiary entitled thereto who may be incapable of disbursing the same ; (1) Upon written application of any beneficiary, (i) distribute so much of the corpus of the trust to or for such beneficiary as shall or may be necessary for the education of such beneficiary; (ii) distribute so much of the corpus of the trust as my Trustee shall deem necessary for the comfort , maintenance and support of such beneficiary; (m) If , in the judgment of my said Trustee, it shall become uneconomical or otherwise inappropriate to set up or continue any trust hereunder, my said Trustee may distribute the -6- principal and accumulated income of such trust directly to the beneficiary or deposit such principal and accumulated income in a savings account for the beneficiary with or without restrictions as my Trustee may deem appropriate . ITEM VIII: In addition to the powers elsewhere granted herein, or by law, my Executrix at her sole discretion and without leave of Court may: (a) Retain any or all of the assets of my estate ; (b) Purchase investments at a premium or discount ; (c) Carry investments in the name of a nominee or in bearer form; (d) Compromise any claims by or against my estate without Order of Court or consent of any beneficiary ; (e) Make distribution hereunder either in cash or in kind at valuations to be determined by my Executrix; and (f) Sell property for such prices on such terms , at public or private sale , without leave of court, as she may deem proper, and grant options for the purchase of property. ITEM IX (a) I nominate , constitute and appoint my Wife, DORCAS D. NOLAN to be the Executrix of this , my Last Will and Testament . (b) In the event of the death, resignation or inability of my Wife to serve as Executrix, I hereby appoint my -7- son, CHRISTOPHER JOHN NOLAN, presently of Dillsburg, Pennsylvania, to serve in her stead and also to serve as Trustee of any Trusts created under this Will . (c) In the event of the death, resignation or inability of my Wife and my son to serve as Executrix, Executor or Trustee, I hereby appoint my daughter , LISA MARIE TERRELL, presently of Lancaster , Pennsylvania, to serve in their stead. (d) Any successor fiduciary shall have the same powers , rights , duties , discretions and immunities which I have conferred upon the original fiduciary . (e) No fiduciary hereunder shall be required to enter security in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13 day of 1993 . J914N E. NOLAN, SIGNED, SEALED, PUBLISHED and DECLARED by the above-named Testator, JOHN E. NOLAN, as and for his Last Will and Testament, in the presence of us , who at his request , in his -8- presence and in the presence of each other, have hereunto subscribed our names as witnesses . ylc5lo 11,7 ( Address Address ll4 22 of -9- ACKNOWLEDGEMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF WE, JOHN E. NOLAN, the Testator and witnesses , respectively, whose names are signed to the attached instrument , dated the /,3 day of /Q,%+,L , 1993 , being duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses , in the presence and hearing of the Testator, signed the Will as witness , and that to the best of his or her knowledge , the Testator was at that . time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence . JXHN E. NOLAN 'WITNESS' WITNESS Subscribed, sworn to and acknowledged before me by JOHN E. NOLAN, the Testator , and subscribed and sworn to befe me by the J "bov his witnesses , this /3 day of 1993 . Nota Public NOTARIAL SEAL RITA W.RHOADES,.Notary Public Harrisburg,Dauphin CowVo- My Commission Expires Sep.7,1996