HomeMy WebLinkAbout01-04-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of ,JVH r./ F 5cfh~5 No. J I ~ (j (0 - 0 ()O(/J
also known as ~J{t-C.IC SE)4-}'LS To:
, Deceased.
Social Security No. 5'02 - {:) :;; -0 $/5-
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 execut.~ named in the last will of the
above decedent, dated P t2 b v' 0 c! V" 1 1/ ,'~ / i 9 7
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Ci LJ fY/ B c;e.l.- Pi rJ\) CO 'J ,'0 T"'1' County,
Pennsylvania, with hglast family or principal residence at
d () (II. / Z<< SO T. f}r) r 2- ~ ~', L- E.- YY1 () ',/ /\J ~. (l/i- 1 70 tf 3
(list street, number and municipality)
Del!.. 2- ( . ...
Decedent, then 'if7 years of age, died 'Vi!: C.Ct'>1P7& tZ 1/20 ,-' '? , at /-10 L- 'r" 'S PI ;2./ T fk,:, (717;4 L
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:
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
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$ 7 s: l'r-z'-V
$
$
$
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.
~(s) ofPetitioner(s)
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Residence( s) of Petitioner( s)
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
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COUNTY OF CUMBERLAND
COMMONWEAL TH OF PENNSYL VANIA
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 beliefofpetitioner(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 a~ subscribed {~~. tJ. ~
Before me this ~), day of
::i~~~~'\'"" , 20~\. .
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Estate of ~jtL F ~tl/J
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW (,j a"irl , 'Y i-Jc 20 .1 l:; 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
(1' II. /5 '17 , described therein be admitted to probate filed of record as the last will of
~It II P. $P?l ...--f ; and Letters are hereby granted to / ~ I-~~--?? 1/. J2.:-"", ~ r
, Deceased
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Register of Wills I /' J'
FEES
Probate, Letters, Etc. ............. $
Will ................................. $
Renunciation.... .. ... ............. $
Short Certificates (>) ............ $
JCP.... , .. . ... .. .... ... . .... . .. . .. ... $
Automation Fee................... $
Bond..................... '..;r....... $
Total Ll....i- $
Filed ~ 1/\ '-1 20 H
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Attorney (Sup. Ct. LD. No.)
Address
Phone
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Hl0S. 143 Rev 2187
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
TYPE/PRINT
IN
PERMANENT
BLACK INK
CERTIFICATE OF DEATH
NAME OF DECEDENT (First. Middle. Last)
.. John
AGE (Last Birthday)
SEX
Lctl $
.. 87 v"
COUNTY OF DEATH
lb.
CUmberland
RIlidenC_O ::'1')')0
RACE - American Indian, Black, WhlIe, 8'
(Spocj/y)
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OECEDENrs USUAL OCCUPATION
(<;t:~kf~':o~~~~r~jl
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White
MARITAl STATUS. Married,
Never Married. Widowed,
Divon;ed (Spocj/y)
... Widowed
SURVIVING SPOUSE
(If ..fe, g..... maiden oame)
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FATHER'S NAME (Fwsl, Middle, Last)
.1 John Preston Sears
INFORMANrS NAME (Type/Print)
20.. Kathleen Sears
METHOD OF DISPOSiTION
Burial !XI Cremation Gi:lmoval trom Slale 0
Other (Specify)
F: E RV
CUmberland
0"'
decedent
live in.
township?
17e. 0 Yes, decedent Ii"~d in
\wp
17b. Count"
17d. ~ ~~~~~~~: of
Lernoyne
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MOTHER'S NAME (Firlil, Middle, Maiden Surname)
1.. Lu Hanrahan
INFORMANTS MAILING ADDRESS (Street, CdyfTown, State, Zip Code)
20b10 Victoria ~alls Drive S r
PLACE OF DISPOSITION- Name of Cemetery, Crematory LOCATION. CltyfTown, Slate, Zip Code
or Other Place
o
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DUE TO (OR AS It. CONSEQUENCE Of);
SeQuentiaUy IU;1 condiOoos
If any, leading to immediate
cause. Enler UNDERLYING
CAUSE (Disease or injury
that initialed evenls
reslJlting on death) LAST
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
1 :
DUE TO (OR AS A CONSEQUENCE Of)
DUE TO (OR AS A CONSEQUENce Of)
Accident
MANNER OF OEA~
Natural [H"
o
o
DATE OF INJURY
(Month. Day, Vllrl
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED
Homicide
o
o 30.. 30b."'.
o PLACE OF INJURY - At home, 'arm, Illeet, factory, office
bullQing,.tc{S~cifyJ
30.,
1t:1.t.(~I.L 1'21
'YOSo NOD
3Oc.
VO'o
NoD
Suicide
Pending tnveshgation
Could not be delellnined
21.. 2ab.
CERTIFIER (Check anty one)
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2'.
.PRONOUNCING AND CERnFYING PHYSICiAN (Physician both pronouncing death and cenifying to cause at dei:llh)
To the tMat of my knowl8'd1il8, death occurred at the time, date, and pla~, MId due 10 the cau.e.(.) end manner.. .tated,
.UEDtCAl EXAUINER/CORONER
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31a.
REGIST
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LAST WILL AND TESTAMENT
OF
JOHN F. SEARS
I, JOHN F. SEARS, Social Security Number 502-03-6515, of the State
of Pennsylvania, declare that this is my LAST WILL AND TESTAMENT and I
revoke all other wills and codicils previously made by me.
FIRST: I appoint my daughter, KATHLEEN A. SEARS of Maryland as my
Personal Representative concerning this will. If my daughter, KATHLEEN
A. SEARS of Maryland is unable or fails to serve, I then appoint
my daughter, THERESA A. SEARS of Pennsylvania to serve as my Personal
Representative.
CIS'
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
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b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave), and written charitable pledges which I have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. My
Personal Representative may pay such taxes at any time deemed
advisable, whether or not then due and payable.
d. My Personal Representative is requested to settle my
estate as soon aIter my death as may be pr~cticable, and to payor
deliver every legacy or beque'sit to my beIleficiaries without waiting any
time that may be believed to be customary in probate matters.
8~ !F~
PAGE 1 J.lJAI
'OF 4 PAGES ~
lis;
-CJtY
e. I have served in the Armed Forces of the united States.
Therefore I direct my Personal Representative to consult with a Legal
Assistanc~ Attorney at the nearest military installation and with the
Department of Veterans Affairs and ~he Socia~ securitY,Administration
to ascertain if there are any beneflts to WhlCh my famlly members are
entitled by virtue of my military service.
f. I may leave a letter of intent with the executed copy of
this will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my daughters,
KATHLEEN A. SEARS and THERESA A. SEARS and to any child or children
that have been or may be born to or adopted by me, in shares of
substantially equal value to be divided as they may agree.
a. If any of my children shall not survive me, then the
share of that deceased child shall go to the descendants of that child,
who are to take per stirpes and not per capita. If any of my children
shall not survive me and shall not be survived by any descendants, then
the share of that deceased child shall be distributed to my surviving
children and the descendants of any of my other children who fail to
survive me, in the manner set forth above.
b. If they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold under this paragraph
and to whom it should pass or be delivered or at what price it should
be sold shall be conclusive.
THIRD: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
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PAGE 2 JdJd
OF 4 PAGES .../-1I6I#
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FOURTH: Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly.
FIFTH: Definitions:
a. The term "children" as used in this will includes adopted
and afterborn persons. The term "children" as used in this will shall
not include step-children, the natural born or adopted children of a
person's spouse who are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for purpose of
succession to property under this will.
b. The term "descendants" as used in this will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
c. The term "Personal Representative" as used in this will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
d. The term "per stirpes" as used in this will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
SIXTH: In addition to any powers granted by the laws of the state
in which this will is probated, I hereby authorize and empower the
fiduciaries named in this will, to the extent of the discretion herein
granted, to sell, exchange, convey, transfer, assign, mortgage, pledge,
lease or rent the whole or any part of my real or personal estate, to
invest, reinvest, or retain investments of my estate, to perform all
acts and to execute all documents which my fiduciaries may deem
necessary or proper in regard to my property. If any of my fiduciaries
elect to receive compensation for services, such compensation will be
that allowed by law.
-S=~ ~.~
PAGE 3 .....p,j) -"
OF 4 PAGES ~
Jls
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SEVENTH: If any part of this will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reaso~able, shall be effec~ive and fully
operative. My Personal Representat~ve may seek and obta~n court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania,
on February 11, 1997, set my hand and seal to this my LAST WILL AND
TESTAMENT, consisting of 4 typewritten pages, each page bearing my
handwritten signature.
This document was prepared under the authority of 10 U.S.C.
section 1044, and implementing military regulations and instructions,
by John T. Rothwell, who is licensed to practice law in the State of
Arkansas.
~~ARf' ~
The foregoing instrument was, at Carlisle Barracks, Pennsylvania,
(SEAL)
on February 11, 1997, signed, sealed, published and declared by JOHN F.
SEARS, the testator, to be his LAST WILL AND TESTAMENT in the presence
of all of us at one time, and at the same time we, at his request and
in his presence and in the presence of each other, have hereunto
subscribed our names as attesting witnesses, and we do so verily
believe that the said testator is of sound and disposing mind and
memory at the date hereof.
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Soc.Sec.No.
Soc.Sec.No.
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PAGE 4
OF 4 PAGES
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-61
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
ACKNOWLEDGMENT
I JOHN F. SEARS, testator, whose name is signed to the attached
or for~going instrument, having been duly qualified according to law,
do hereby acknowledge that I signed and executed the instrument as my
Last Will; that I signed it willingly; and that I signed it as my free
and voluntary act for the purposes therein expressed.
~s!:~
(SEAL)
AFFIDAVIT
We, Le.p,J P G-t>7/tS)(J <- , /I a M I/J e(D VJ Ii 5-10 It -ehh:l k.v' and
ESfe-,e. ~eo/!!:. (D€ , the witnesses, sign our names to this
instrument, being duly qualified according to law, do depose and say
that we were present and saw the testator sign and execute the
instrument as his Last Will; that the testator signed willingly and
executed it as his free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of
the testator signed the will as a witness; and that to the best of our
knowledge the testator was at that time 18 or more years of age, of
sound mind and under no constraint or undue influence.
~rf~
itness
~~/f-JI~ Wi~~ A.&~
Subscribed, sworn to and acknowledged before me by JOHN F. SEARS,
the testator, and subscribed and sworn to before me by
). ~ 0 IV' P. a- () TA. r ,KI e.
e stet:
, /ldI1M~/();'"~ !l.S-Iotl.ehvak...,..,., and
, the witnesses, on February 11, 1997.
My Commission Expires:
l N;),." <', :S,2?1 j
R028A,Ru;',r,r):z 1'~/9ry PLJblic
Car:..'.'2 Eo;'o. C<.,u!en;"m County
~__~~I\:3~,r,~::~on E~~8S Nov. 8. :!::.:_.~:--
t. '._':r. :J8!~i ;::lj:.,aj;,dA~.';0'~,a~;(;; 1 G: (11..1. ';'-~