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HomeMy WebLinkAbout09-18-15 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: James D.Bogar Decedent's Information Name: William D.Stuck File No: 21 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 08/31/2015 Age at Death: 93 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 14 South West Avenue,Shiremanstown 17011 Shiremanstown Borough Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hospital,Camp Hill 17011 Camp Hill Borough Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: ffdomiciled in Pennsylvania...................... All personal property $ 26,000.00 if not domiciled in Pennsylvania................ Personal property in Pennsylvania $ if not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 150,000.00 TOTAL ESTIMATED VALUE $ 176,000.00 Real estate in Pennsylvania situated at 14 South West Avenue,Shiremanstown 17011 Shiremanstown Borough 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 02/02/2009 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.durante 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 ry R1 � J) C-3 o rn p r rn r-t _y © i CC) i- m Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. N ce) gage 1 of 2 • N Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address James D.Bogar One West Main Street Shiremanstown,PA 17011 717-737-8761 The Petitioner(s)above-named swear(s)or affirm(s)the statements in1he foregoinq Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of a dent, loners)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date CtI me this n day of�5—! - Mbci,- �33Q15 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.......................................... $ � AttorneySigna )Short Certificate(s)......... ( )Renunciation(s).............. Attorney= i ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: James D.Bogar Bond............................................. r- a Supreme Court 19475 c7 `�..a' � Commissio ............................... ID Number: -- Other �� i oC J� rrl �1 Firm Name: Bogar&Hipp Law QffiCa "o rn �:o r j 5 Address: One West Main Street 7> f_A rn Shiremanstown,PA'17011� 7 C f� �J CO r— t'rT Phone: (717)737-8761 —{ r— Automation Fee............................ S r fV JCS Fee....................................... 35.SC� Fax: TOTAL......................................... $ E-mail: jbogar@bogarlaw.com DECREE OF THE REGISTER Date of Death: 08/31/2015 Social Security No: Estate of William D.Stuck File No: 21— a/k/a: AND NOW, S2DfiG�Y�'�b21'' �(S in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to James D.Bogar in the above estate and(if applicable)that the instrument(s)dated 02/02/2009 described in the Petition be admitted to probate and filed of record as the ast Will(and odic' ) of Decedent. Re st r of Wills Copyright(c)2011 form software only The Lackn p,In . Page 2 of 2 R.E'CuROED .0FFICE, OF REGISTER OF MILLS ?QIS SEP 18 Hfl 8 22 LAST WILL AND TESTAMENT CLERK OF ORPh 04,S' COURT OF C:` ABERLAND CO., PA WILLIAM D. STUCK I, WILLIAM D. STUCK, of Shiremanstown, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, AUDRA J. SNYDER, MARCIA A. DURYEA and KAREN E. JOHNSON, provided that should any of my children predecease me, I give and bequeath such child' s share unto her issue per stirpes by representation, and if there be a failure of same, then I give and bequeath such deceased child' s share to my surviving children as provided herein. SECOND: Should my grandson, WILLIAM C. JOHNSON, not have attained the age of twenty-one (21) years at the time for ' distribution to him, I give, devise and bequeath his share to my hereinafter named Trustee or Trustees, IN TRUST, to hold, manage, • invest and reinvest the share so received, and to use and apply from time to time such portion of income and principal for the said WILLIAM C . JOHNSON' S education (including college, trade school or other similar training or education) , as my Trustee or Trustees, in their sole discretion, deem advisable. The Trustee or Trustees, in exercising their discretionary authority with respect to the payment of income or principal of the within Trust to my grandson, shall take into consideration any income or other resources available to my grandson from sources outside this Trust. Any income or principal not so applied shall be dis- tributed to WILLIAM C. JOHNSON when he attains the age of twenty- one (21) years . In the event that WILLIAM C . JOHNSON dies prior to the termination of this Trust established herein for his benefit, his interest in said Trust shall cease with any income and principal being divided evenly between or among his brothers or sisters . THIRD: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it . (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments . 2 (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws . (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or, trust administration expenses, to protect or improve any property held under my will, and for investment purposes . (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee -stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. FOURTH: I nominate and appoint my granddaughter, ELIZABETH JOHNSON, as Trustee of the hereinabove described trust. n. In the event of the death, resignation or inability to serve for any reason whatsoever of the said ELIZABETH JOHNSON, I nominate and appoint my daughter, KAREN E. JOHNSON, as Trustee of the hereinabove described trust. I direct that my Trustee or Trust- `� ees 'sha.11 serve without bond and -shall receive fair and reason- able compensation. FIFTH: I direct that all inheritance, estate, trans- fer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SIXTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- 3 able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. SEVENTH: I nominate and appoint JAMES D. BOGAR, Executor of this, my Last Will and Testament . In the event of the death, resignation or inability to serve for any reason whatsoever of the said JAMES D. BOGAR, I nominate and appoint my children, AUDRA J. SNYDER, MARCIA A. DURYEA, and KAREN E. JOHN- SON, Co-Executrixes of this, my Last Will and Testament. I direct that my Executor or Co-Executrices, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this day of 2009 . W - T>-Qz_z� (SEAL) WILLIAM D. STUCK 4 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 subscribed our names as attesting witnesses . Addressix'3tj V761 r�d Address a 5 PE-CORDED OFFICE OF REGISTER OF MILLS ?015 SEP 19ATPpyZ UBSCRIBING WITNESS(ES) C L Ett K OF REGISTER OF WILLS O R P NA fv 1'dWiBERLAND COUNTY, PENNSYLVANIA CUMBERLAND CO., SPA Estate of William D. Stuck ,Deceased James D. Bogar and Beth B. Lengel , (each) a subscribing witness to (Print Name/s) the 0 Will 0 Codicil(s)presented herewith, (each) being duly qualified according to law, depose(s)and says)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 her/his presence and in the presence of each other. 4S,gna re) (Signature) One West Main Street One West Main Street (Street Address) (Street Address) Shiremanstown, PA 17011 Shiremanstown, PA 17011 (City,State,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this l&t/— day of ofle-,-n bet- Deputy for Register of Wills Notary Public My Commission Expires: g 3'026/� (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Form RW-03 rev. 10.13.06 NOTARIAL SEAL DIANE MONTGOMERY,NOTARY PUBLIC SHIREMANSTOWN BOROUGH,CUMBERLAND COUNTY MY COMMISSION EXPIRES AUGUST 3,2017 RECORDED OFFICE 0P MCISTER OF WILL ?015 8EP 18 H.11 8 22 CLERK OF OATH OF SUBSCRIBING WITNESS(ES) ORPHAN-Sc ' COURT REGISTER OF WILLS C-U M Q E R LA N D Co- P&MBERLAND COUNTY, PENNSYLVANIA Estate of William D. Stuck , Deceased James D. Bogar and Beth B. Lengel , (each)a subscribing witness to (Print Name/s) the R3 Will D Codicil(s)presented herewith, (each) being duly qualified 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 her/his presence and in the presence of each other. Signa re) (Signature) One West Main Street One West Main Street (Street Address) (Street Address) Shiremanstown, PA 17011 Shiremanstown, PA 17011 (City,State,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this day of of 2L4{em�Jer,c>2Z/-5 Deputy for Register of Wills Notary Public rl My Commission Expires: g-3- (Signature and and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Form RW-03 rev.10.13.06 NOTARIAL SEAL DIANE MONTGOMERY,NOTARY PUBLIC SHIREMANSTOWN BOROUGH,CUMBERLAND COUNTY MY COMMISSION EXPIRES AUGUST 3.2017