HomeMy WebLinkAbout10-07-05
October 6, 2005
3211 Nort Front Street
P.o. Box 300
Harrisbu PA 17110-0300
717-238-8 87
Fax: 717- 34-9478
Ms. Glenda F. Strasbaugh
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Ot er Offices
Colonial P rk Lancaster
717-652-70 0 717-431-0138
Mechanics urg Millersburg
717-691-55 7 717-692-5810
Shippensb rg York
717-530-75 5 717-843-0502
Re: Estate of Jean Mary Barrett
Dear Ms. Strasbaugh:
Herewith are original and two copies of the Will and original and one copy each of the Petiti n
for Probate (which was sworn to before the Register of Wills of Dauphin County) and Estate
Information Sheet. Also enclosed are original Death Certificates for decedent and decedent'
pre-deceased spouse and a check for $356. The amount of $31 0 is for the Letters, $15 for th
Will, $16 for four Short Certificates, $10 for JCP fee, and $5 for automated fees.
I have enclosed a pre-posted envelope for you to return the extra counterparts of the above-
mentioned documents and for transmitting the Short Certificates. Please time-stamp the extr
counterparts of the filed items before returning to me. Thank you.
Very truly yours,
~ GER, WIC~~..~. HAM, ' KNAUSS & ERB, P.c.
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Jered L. Hock
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James F. ad
Edward ,Knauss, IV*
Jered L. ock
Steven P. iner
Clark De ere
Francis J. afferty, IV
David H. artineau
Andrew . Norfleet
* Board Cer ifled in civil
trial law a ld advocacy
by the Nat 'onal Board
of Trial A ocacy
Estate of Jean Mary Barrett
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
N JI-OS--oSq(
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To:
Register ofWiIls for the
, Deceased. County of Cumberland in the
Social Security No. 330-50-7629 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner( s), who is/are 18 years of age or older and the execut rix named
in the last will of the above decedent, dated 07/30/2004
and codicil(s) dated N/A
Please note decedent's husband Stanley Barrett pre-deceased on September 6,2005
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland County, Pennsylvania, with
her last family or principal residence at 355 South Sportina Hill Road: Mechanicsburg:
Hamoden Township
(list street, number and municipality)
Decedent, then 77 years of age, died 09/28/2005
at Harrisbura Hosoital. Harrisburo, Dauphin County, Pennsvlvania
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: N/ A
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ 275.000.00
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant ofletters
thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
10 Canterbury Court
Mechanicsburo
PA 17050
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA} ss
COUNTY OF
The r.etinouer(s) ahuve-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal represen-
tative(s) of the above dece':lentpetitioner(s) will well and trul 'nister the estate c di g to law.
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SWum to or affirmed and subscribed
be ,; re me this ... ')~ day of
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Estate of Jean Marv Barrett , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~Q ~(i,\->.l'A \0 UO::><=::; , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated 07/30/2004
described therein be admitted to probate and filed of record as the last will of Jean Marv Barrett
and Letters Testamentarv
are hereby granted to
Amanda Jane Hermitt
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Register ofWi1I;'?v'- Cd
FEES
Probate, Letters, Etc.. . . . $ 3/0' Co
Short Certificates ( }...... $ I L.., .00
~.~\\\. . . . . . t . $ \5 U.J
C\.v~'f"'t""'-o.\ \l.1V'\"'l:~ S'": (,.-,0
--.,)c..p $ II,. to
TOTAL _ $ ~'51o U~
Filed. .\l) ~ I.D. -.q 0 ~S. . . . . . . . . . . . .
Jered L. Hock, Esquire
I.D. No. 19211
ATTORNEY (Sup. Ct. I.D. No.)
3211 N. Front 81.; PO Box 5300
Harrisbura PA 17110-0300
ADDRESS
(717) 238-8187
PHONE
HI OjXOj REV 110j
This is to certify that the information here given is correctly copied from an original certificate of death d!-lly fi ed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent'filin .
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
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Local Registrar
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(Coroner)
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LAST WILL AND TESTAMENT
OF
JEAN MARY BARRETT
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I, JEAN MARY BARRETT, of 140 Easterly Drive, Mechanicsburg Post Office, Silver
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Spring township, Cumberland County, Pennsylvania, revoke any prior Wills and Codicils and
declare this to be my Will.
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ITEM 1.
(a)
I give my automobiles, furniture, and household and personal ef cts
and other tangible personalty oflike nature, together with any existing insurance thereon, to my
husband, STANLEY BARRETT, ifhe survives me by thirty days.
(b) Ifmy husband, STANLEY BARRETT, is not living on the thirt -
first day after my death, I give the items which would have gone to my spouse under this Item 0
my Will in as nearly equal shares as practicable to my children, AMANDA JANE HERMITT,
KAREN SALLY SZYMANSKI, and TRUDY ANN APPLE, subject to the survival provisions of
this Will.
(c) I give One Thousand Dollars ($1,000) each to my six grandchil en,
CHARLES WILLIAM APPLE, TANYA VICTORIA APPLE, ELUAH JUDE HERMITT,
SERENA EVE HERMITT, ROBIN JEAN SZYMANSKI, and JULIA MARIE SZYMANSKI,
subject to the trust provisions of this Will. If any of my six aforesaid grandchildren does not s lve
me by thirty days, the gift to him or her shall lapse.
ITEM 2.
I give all the rest, residue, and remainder of my estate to my husband,
STANLEY BARRETT, ifhe survives me by thirty days.
309543- I
ITEM 3.
Ifmy husband, STANLEY BARRETT, is not living on the thirty-first d y
after my death, then I give all the rest, residue, and remainder of my estate in equal shares to m
children, AMANDA JANE HERMITT, KAREN SALLY SZYMANSKI, and TRUDY ANN
APPLE, subject to the survival provisions of this Will.
ITEM 4. If any of my three aforesaid children does not survive me by thirty days, I
give that child's share to her issue per stirpes who survive me by thirty days, subject to the trust
provisions of this Will for any beneficiary under twenty-one (21) years of age. If any of my thr e
aforesaid children does not survive me by thirty days and leaves no issue who survive me by thi
days, that child's share shall lapse and be given instead to my other heirs under this Will, in
proportion as they otherwise take shares of my estate.
ITEM 5. I direct that all my just debts and the expenses of my last illness and
disposition of my remains shall be paid from my residuary estate as soon as practicable after m
death and as part ofthe expense of the administration of my estate. I also direct that any and all
inheritance tax, estate tax, or other tax occasioned by my death be paid from my residuary estat as
part of the expense of administration of my estate.
ITEM 6. Notwithstanding any other provision of this Will, I direct that if any
beneficiary is under twenty-one (21) years of age at the time of my death, his or her share sh 11
be held in trust, with the Trustees to be empowered to expend both income and principal for t e
beneficiary's health and maintenance and for the beneficiary's education beyond high school,
whether the same be education in college, trade school, business school, vocational school, 0
other forms of post-high school education. Any sums remaining in the trust shall be distribut d
outright to the beneficiary upon the beneficiary's attainment of age twenty-one (21).
309543-1
ITEM 7.
In addition to the powers conferred by the common law, by statute, or b any
other provisions hereby, my Personal Representatives and Trustees are hereby empowered as
follows:
(a) To sell at public or private sale, to exchange, to lease, to pledge, 0
mortgage, to transfer, to convert, or otherwise dispose of, or grant options with respect t ,
any and all property, real, personal, or mixed, at any time forming a part of my probate r
trust estates, in such manner, at such time or times, for such purposes, for such price or
prices, and upon such terms, credits, and conditions as shall be deemed advisable or
necessary under the circumstances;
(b) To make distribution in division of the probate estate in cash, in . nd,
or partly in both;
(c) To distribute articles to a minor or to his or her guardian or to an
person taking care of the minor to hold for the minor within the limits authorized by sta ute
or rule oflaw;
(d) To compromise any claim or controversy;
(e) To apportion between principal and income any receipts and
disbursements and to ascertain income and principal in accordance with the statutes and
rules oflaw ofthe Commonwealth of Pennsylvania;
(f) To make, execute, acknowledge, and deliver any and all instrum nts
which may be deemed advisable or necessary to carry out any of the powers herein gr
or provided by law;
309543-1
(g) To invest and reinvest the principal ofthe estate together with y
accumulated income thereon in all forms of property without being limited by any statu e or
rule oflaw concerning investments by fiduciaries;
(h) To disclaim inheritances and interests in property.
ITEM 8.
No bond shall be required of my Personal Representatives and Trustees, but
ifbond is nevertheless required, it shall be without surety.
ITEM 9.
(a)
I appoint my husband, STANLEY BARRETT, Executor. Ifhe oes
not qualify or ceases to act, I appoint my daughter, AMANDA JANE HERMITT, Executrix.
(b) I appoint the father of any minor beneficiary as Trustee for that
minor beneficiary.
ITEM 10.
For the convenience of my alternate Executrix, I note that this Will has b en
prepared by Jered L. Hock, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, .c.
Executed on "i~..{.. l.. 3 () tJ.-
V '
, 2004.
Signed, sealed, published and declared by the above named Testatrix, JEAN Y
BARRETT, as and for her Last Will and Testament, in the presence of us, who, at her request, i
her sight and presence, and in the sight and presence of each other, have hereunto subscribed ou
~names as wi~esse:, A A. /l ~ "d ':p A
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309543-1
Commonwealth of Pennsylvania
ss
County of OQU.ph',~
We, JEAN MARY BARRETT, and ,,7;rl"c1 L. 1-1(')(' k , and
~u;d fl.. 1Yl~,...-l.;fV'all , the Testatrix and the witnesses, respectively, w ose
names are signed to the attached or foregoing instrument, being first duly sworn, do hereby dec are
to the undersigned authority that the Testatrix signed and executed the instrument as her Last ill
and that she had signed willingly (or willingly directed another to sign for her), and that she
executed it as her free and voluntary act for the purposes therein expressed, and that each ofthe
witnesses, in the presence and hearing ofthe Testatrix, signed the Will as witness and that to th
best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mi d
and under no constraint or undue influence.
Witness
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SWORN to or affirmed and acknowledged before me by the above named Testatrix and
witnesses this ~ay of .""F-I,{ , 2004.
I
My Commission Expires:
(SEAL)
Notarial Seal
.Angela M.. Miller, Notary bUe
City of Hamsburg, Dauphin unty
My Commission Expires Oct. 5, 2006
309543-1