HomeMy WebLinkAbout08-15-05
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of NCLr\ )j' SA\) f'rG. E.- No. ~ 1- 05 - L) 1 ~l
also known as To:
, Deceased.
Social Security No. I 04- ;10 -).q b 4-
Register of Wills for the
County of Cumberland in the
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 execu1<:..1.L named in the last will of the
above decedent, dated-dG..j 1\ qg (.. ,20
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
County,
Decedent was domiciled at death in r I) M b... [ ~ ~
Pennsylvania, with h~last family or principal residence at
(~-\ A. Y \( rn () .'\ i \...L { 6' '<'Ie) fT'fM'\t!--- ~ .
(list street, number and municipality) n n ~~, :.' G-:;
.~:~'~~l =T"~ I,.: ,5 ';~
Decedent, then.J.+years of age, died Tvl) ~,. . ,2005" .'atG-.rl\7"'- Q~~n{lL\ ~~11 ~l"r'L')~j
Except as follows, decedent did not marry, was not divorced and did not have a chllCl born or ad6f1ted am ,J ';::;l
execution of the will offered for probate; was not the victim of a killing and was never adjudicatedineempetent: .~. C')
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Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(Ifnot domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
-.j
, t{ r
$ 0 ooq;.."
$ ,
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
Signature( s) of Petitioner( s)
'1- em. Ai/"",", :-r~
Residence( s) of Petitioner( s)
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF CUMBERLAND
The petitioner(s) above-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 of petitioner(s) and that as personal representative( s) of the above
decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affIrmed and subscribed
BefoJl)me this j 5"-i::t- day of
~A...;;t. , 20 D5
>< ~T~
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No.~J-C~-ff1J.. 7
m(h~ 0 '1 ^ ~~'t>.tjL , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW - G I~.&t I "i 20115 ill cOD<;demtion of the petition on th"ev,,"e ,;dc
he,"of, '"ti'f"~~ havmg beCfi p,""nted bcfo," me, IT IS DECREED that the ""tru, mentes), dated
~(;..., --t .' , described therein be admitted to pl!;te filed of record as the last will of
1\.1 0 I .lJoo.'l''' ; and Letters are hereby granted to fSn I'",.p j;'j ,; I'lS
FEES
Probate, Letters, Etc. ............. $ 90 ,00
Will ................................. $ 1 ~ ,tf\')
Renunciation... . . . . . . . . . . . . . . . . . . . . $
Short Certificates ( ).. . .. .. .. . .. $ e2J!) . eft)
JCP.................................. $ I () ()h
Automation Fee................... $ 5 -(v J
Bond................................. $
Total_ .!-1,4c . (,/D
Filed 8 - I ~ 20 0 J
Attorney (Sup. Ct. LD. No.)
Address
Phone
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'" Th;,;, to ecMy that thc;ufonnat;on hco'c g;ven ;, eo"'colly cop;cll fcom au m;g;nal eql;f;eatc of death duly hlcd w;lI,
Local Registrar. The original certificate will be forwarded to the State Vital Records OffIce tor permanent I Illf1g.
WARNING: It is illegal to duplicate this copy by photostat Qr photograph.:"~:
me as
D 11949488
No.
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Local Registrar
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Fee for this certificate. $6.00
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Date
t;lU:) ,olJiill... 2.'61
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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137 West Vine Street
'.. Shiremans town , PA 17011
FRkER'S NAME lfifSl. ~, l,h')
'0. Cllar les Savage
lNFORIr.IANrs NAME (T JP6'Prlf\l)
'Go. Constance Tolins
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NAME AND ADOAESS~ PERSON WHO CO"'PlElEO CAUSE OF O(.t,J'H
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LAST WILL AND TESTAMENT
()
OF
MARILYN SAVAGE
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,
"
I, MARILYN SAVAGE, now residing at 99-21 67th Road,
Forest Hills, New York, being of sound and disposing mind
and memory, do hereby make, publish and declare this to be
my Last Will and Testament, hereby revoking any other Wills
or Codicils to Wills by me at any time heretofore made.
FIRST:
I direct that all expenses of my funeral and
of the administration of my estate be paid as soon as
practicable after my decease.
SECOND:
All the rest, residue and remainder of the
property of whatsoever kind and wheresoever situate passing
under this my Will I hereby bequeath to my sister, CONSTANCE
TOLINS, if she survives me, but if she shall predecease me,
then to my first cousin, RENEE GREENBERG.
THIRD:
I nominate, constitute and appoint my sister,
CONSTANCE TOLINS, as Executrix of this, my Will, and if she
predeceases me or for any other reason shall be unable or
unwilling to assume or continue the duties of Executrix, I
nominate, constitute and appoint my first cousin, RENEE
GREENBERG, as alternate Executrix in her stead. I direct
Page 1 of 3 ~
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that neither the Executrix nor the alternate Executrix
herein named shall be required to post a bond or any other
security for the faithful performance of her duties under
this Will.
FOURTH:
I hereby give and grant to my Executrix the
following power and authority which may be exercised by her
at any time, and from time to time, as she may in her
discretion deem advisable:
A. To hold and retain all or any part of the
property comprising my estate at the time of my
decease, as long as she may deem advisable,
notwithstanding that the same may not be permitted by
law for the investment of trust funds.
B. To invest and reinvest any funds in my estate
in personal property, including stocks and other
securities, without being limited to investments
authorized by law for trust funds.
C. To sell, exchange or otherwise dispose of any
property of which I may die seized or possessed, or
which may at any time form part of my estate.
D. In respect of any securities forming part of
my estate, to vote upon any proposition or election at
any meeting, and to grant proxies, discretionary or
otherwise, to vote at any such meeting; to join in or
become a party to any reorganization, readjustment,
merger, voting trust, consolidation or exchange, and to
deposit any such securities with any committee,
depository, trustee or otherwise, and to payout of my
estate or any trust created hereby any fees, expenses
and assessments incurred in connection therewith, and
to charge the same to principal or income as she may
see fit; to exercise conversion, subscription or other
rights, or to sell or abandon such rights, and to
receive and hold any new securities issued as a result
of any such reorganization, readjustment, merger,
voting trust, consolidation, exchange or exercise of
conversion, subscription or other rights; and,
generally, to take all action in respect of any such
securities as she might or could do as absolute owner
thereof.
E. Whenever she is required or permitted to
divide or distribute my estate, to make such division
or distribution in kind or in money, or in part kind
and part money.
Page 2 of 3
fu
..,
F. To consent to and participate in any plan or
reorganization, consolidation, merger, combination or
other similar plan, and to consent to any contract,
lease, mortgage, purchase, sale or other action by any
corporation to such plan.
G. To manage any real property in the same
manner as :if she were the absolute owner thereof,
including but not by way of limitation, the power from
time to time to lease, or grant options to lease, any
such real property for any term or terms without
application to any court; and to enter into any
covenants or agreements relating to the property so
leased, or any improvements which may then or
thereafter be erected thereon, to make ordinary and
extraordinary repairs and alterations to any bUilding,
to raze old buildings and erect new bUildings and make
other improvements to insure against loss by fire or
other casualty, to make partition or enter into any
agreements of partition of any real property which, or
an interest in which, shall at any time constitute part
of my estate, even though she may hold an interest in
the same property in her own right or in some other
capacity, and to give or receive money or other
property for equality of partition.
H. To do all such acts, take all such
proceedings and exercise all such rights and
privileges, although not hereinbefore specifically
mentioned, with relation to any such property, as if
the absolute owner thereof, and in connection therewith
to make, execute and deliver any instruments and to
enter into any convenants or agreements binding my
estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this ft:L day of May, 1986.
"',
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
Testatrix, MARILYN SAVAGE, as and for her Last Will and Testament
in the presence of us and each of us who, at her request, in her
presence, and in the presence of each other, have hereunto
subscribed our names as witnesses this 7t~day of May, 1986.
~o '/ du/~~ ~),</
residing at tRl2#1 ~. n 1- C'~,s{4g
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residing at
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STATE OF NEW YORK )
ss. :
COUNTY OF NEW YORK )
AFFIDAVIT OF SUBSCRIBING WITNESSES
PURSUANT TO SCPA 1406 MADE AT
REQUEST OF TESTATRIX
In the City, County and State of New York, on the 7~ay of
May, 1986, personally appeared
5 c;r;.IJ I;J()
the wi thin named F,eo/2 eAl"C'b-
, 1tL:5 PN /15 A en fJ e./ ci e.e.
and E LLErJ /<;E L
, who being duly sworn, depose and
say, and each for himself and herself deposes and says that on
the '7 ~day of May, 1986, they witnessed the execution of the within
Will of the within named Testatrix, MARILYN SAVAGE, in New York
County, New York, which was executed under the supervision of LAWRENCE
DOWNES, an attorney at law with offices at Gilroy Downes & Horowitz,
56 Thomas Street, in the City of New York, County of New York and
State of New York that said MARILYN SAVAGE subscribed said Will and,
in their sight and presence, published and declared the same to be her
Last Will and Testament, stated that she had read it, that it had been
prepared in accordance with her instructions and correctly set forth
her testamentary desires, and at the request of said MARILYN SAVAGE
they thereafter subscribed said Will as witnesses in the sight and
presence of said Testatrix and in the sight and presence of each other
on that said date; that said Testatrix at the time of the execution of
said Will was over the age of 18 years and, in their respective
opinions, under no restraint, competent to make a Will and of sound
mind, memory and understanding and could read, write and converse in
the English language and was sUffering from no defect of sight,
hearing or speech, or from any other physical or mental impairment
which would affect the Testatrix's capacity to make a Will; that the
Will was executed as a single, original instrument and not in
counterparts; and that they make this affidavit at the request of said
Testatrix.
Sworn~~o before me on
May 71~"-1986.
L~J~"^-OC ~~4--
Notary Public
LiAWflENCE C. DOWNES
Notary Public, State of New York
No. 41-4784072
Oualified in Queens County.
Commission Expires March 30, t~"
JRD/June 30, ] 992/17858
--
d
DEe 0 2 2005
In Re: Estate of Marilyn Savage
Late of Middlesex Township
i
t. ___,:~____ .. ______,
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
Estate No.: 21-05-0727
NO. 21-2005-0727
NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT
ORPHANS' COURT RULE
Personal Representative: Constance Tolins
Counsel for Personal Representative:
Date of Grant of Original Letters: 08-15-2005
Date of Delinquency Notice: 11-25-2005
The undersigned, Glenda Famer-Strasbaugh, Clerk of the Orphans' Court, in accordance
with Rule 5.6, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court
Division, Court of Common Pleas of Cumberland County, that neither the above named personal
representative nor the above named counsel for the personal representative have filed with the
Register of Wills or Clerk of the Orphans' Court his, her or its certification required by Rule
5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e),
Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on
November 25,2005, and that the ten (10) day notice to file the certification has expired.
Accordingly, in accordance with Rule 5.6(e) the Court is hereby notified of such delinquency
and the undersigned requests that a Court conduct a hearing to determine whether sanctions
should be imposed upon the delinquent personal representative or counsel for the delinquent
personal representative.
Date: 12-01-2005
--
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Clerk of the Orphans' Court
Distribution:
Personal Representative
Counsel for Personal Representative
Estate File
~~~~ . ~ 7. ')tJlJ0 :J/~
A hearing is scheduled foY.i at lj:aJ tllfltourtroom No.'. If~, Certification of Notice is
filed prior to the hearing date, the hearing will automatically be ca elled.