HomeMy WebLinkAbout01-13-06
Estate of
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
~ I - 0 lo - 01 (
No.
Mvrtle L. Richards
also known as
Mvrtle Louise Richards
, Deceased
Social Security No. 200-14-8270
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
~
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executor named in the Last Will of the
Decedent, dated December 10,2004 and codicil(s) dated
State relevant circumstances, e.q., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for
probate; was not the victim of a killing and was never adjudicated incompetent:
1//0 l~c.f..,on all.J5
CJI B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate)
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:
r Name Relationship Residence I
", ", ',:
\.-:.-"
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C_'
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
County, Pennsylvania, with his/her last family or plU:1cipal
er Allen Townshi " '"
(list street, number and municipality)
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Decedent, then~ years of age, died December 16, 2005, at Holy Spirit Hospital, East Pennsboro, Cumberland County, PA
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property ,.....,....,...,.,....,...,.,..,......,.,.,..,. $ 970,000.00
(If not domiciled in PAl Personal property in Pennsylvania. , . . . . . . . . . . . . . . . , . . . . . . . , . . . . . . . . , . , $
(If not domiciled in PAl Personal property in County. . . . , . . . . . , . . , . . . . . , . . . . . . , . . . . . . . . . . . , . , . $
Value of real estate in Pennsylvania '. . , . . , . . , . . , . . . . . , . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . , . . , . , . . $
Total ..,...,.....,..,...,.,.....,................,..,.................,......... $ 970,000.00
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the
appropriate form to the undersigned:
Mark Richards
1150 Quail Hollow Road
Hummelstown, PA 17036
Form RW-1 Page 1 of 2 (Dauphin County - Rev. 9/92)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and 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 Decedent, Petitioner(s) will well and truly administer the estate
according to law. ~J2/J_ /) I." /) /f
Sworn to and affirmed and subscribed EL~ f/L/. ~
J1i~ ~'
before me this
Estate of Myrtle L. Richards
/3
day of
r '
'^-....
DECREE OF REGISTER
No. Zl-Olf- 041
. ,r'.....
c.
Deceased
also known as Myrtle Louise Richards
Social Security No: 200-14-8270
Date of Death: December 16, 2005
AND NOW, \Sf'"' ~ LtAiZ '-{ (3 , 2006, in consideration of the Petition on the reverse
side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Lettersp-1'estamentary 0 of Administration
are hereby granted to
Mar k Richards
(r.t..a.: d.L.n.c.t.; pendente lite; durante absentia; durante minoritat(1)
in the above estate and that the instrument(s), if any, dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters.......................... .
Short Certificate(s) (1)...
Renunciation ( )............
.4ffidw/it-( ).W.I.L6-.....
Extra Pages ( )...........
Codicil.. .............. ...........
JCP Fee........................
Inventory & Tax Forms...
~.. A.~. f..................
TOTAL............... .
$ (P(QO. Do
$
$
$
$
$
$ 6,DO
$
$J1LO.Q
$ flli,()()
~ ~.()O
15,00
Elvse E. Rogers ~ J.t [/l,. J \
41274 La
415 Fallowfield Rd. Suite 301
Camp Hill, PA 17011
717-612-5801
Attorney:
J.D. No:
Address:
Telephone:
DATE FILED:
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
'_.. I
c.; .~
TYPE/PRINT
'N
PERMANENT
BLACK INK
NAME OF DECEDENT (First. Middle. Last)
1
AGE (Last Birthday)
STATE FIll: NUMBER
~
:>
"'
.,
::;
.,
SEX
SOCIAL SECURITY NUMBER
DATE OF DEATH (Month, Day, Year)
.December 16 200
5. 80 Yrs
COUNTY OF DEATH
2. F em ale J. 2 0 0 - 1 4 - ~ 8 2 7 0
BIRTHPLACE (City and PLACE OF 0 ATH Check on ne _ s e instruction
Slate Of Forei9o Country) HOSPITAl
P A ~:::..."' IX] OOA 0
FACILITY NAME (If not institution, give street and number)
17b. County
MARITAL STATUS - Married,
Never Married, Widowed,
Divorced (Specify)
". Wi dowed
~ Upper Allen
decedent
live in a
f. IJ m h p r 1 i=I n r1 township? 17d. 0 ~ill:.j~e~,~~7~~~~ of
MOTHER'S NAME (First, Middle, Maiden Surname)
,. Rutn Jami son
INFORMANrs MAILING ADDRESS (Street, CityfTown, Stale, lip Code)
20.1150 Quail Hallow Road Hummel stown PA
PLACE OF DISPOSITION. Name of Cemetery, Crematory LOCATION. CilyfTown, State, lip Code
or Other Place
Ruid.nG. 0 ~~:~ttl 0
RACE - American Indian. Black. While, et
(Specify)
10. Whi te
SURVIVING SPOUSE
(If....,~.ljI'...m.id.nnil.me)
..Cumberl and
OECEDENrs USUAL OCCUPATION
(~lv:O~,~:~,r.~~o~~.u~~~rr;gt
Homemaker
Iwp
city/bO'l)
17036
12-20-2005 ~~
2~~E'f'tf'~'tfI'2 6 6 2 - L
5
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ba.ctc I <"<<^' \
20.
. Approximate
: interval between
: onset and death
Other Significant conditions contributing 10 death. bUl
nol resulting in the underlying cause given in PART I
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27, PART I: Ent.r the dl..I....lnjurl.. or tompfleltlon. whIch eluud the d.ltn. Do 1'101.1'11., the mod. of dying, .uch.. cardiae or r..p lory .rr"l, .hoek or h..rt f.ll...,..
U.lonly on. el..... on..chlln.
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WERE AUTOPSY FINDINGS MANNER OF DEATH
AVAIlABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
Homicide
o
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JOa. JOb. M JOe.
o PLACE OF INJURY - At home, farm, street. factory. office
blJlldoolil.elc.(Sp.e,f))
JOe.
30d.
lOCATION (Street, CityfTown, State)
NoD
Natural 0
Accident 0
Swcil.le 0
DATE OF INJURY
(Monlll, Oily, Year)
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED
Ve, 0 No 0
VesO
Pendillg Investigation
Could nol be dt:lurmilled
28a. 28b.
CERTIFIER (Check only one)
.~~~~FJ~~IGOrt:.~\I~~~~e~~~~~~:~ c~~~'t~i~~~: I~ ~e:~ha:~:~(:)~~:rrG~Xrii~~a~s h:l~r:g,~~~~::~.~. ~.~~~~. .~r.l~ .~~.l~~~~~~~.~ .i~~.~ .:~.~
2..
JOt
SIGNATUREA~OFC7RTIFIER C D<J-
........ 0 31.. I< u-t L~ C Uo-vtJ
LICENSE NUMBER DATE SIGNED (Month, Day, Year)
IV'1' Jlc O~OO("GlD( -L J1d D<c.<1.\'~h.'1 \1.;> V.O:;"
~ NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH
(lIem 27) Type or Pont '4<. E ~ rt,..-s: DcJ_. _~
.0 !{ule., QIl'''''''f-'~'''l~' >:1
32. \~~~ o,t ft.
DATE FILED (Month, Day, Year)
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.PRONOUNCING AND CERTIFYING PHYSICIAN (Phy~jcian both pronouncing dealh and certifying 10 cause ot dealh)
To Ihe basi of my knowledge, death oc;curred al Ihe lime. dale, and place. and due 10 the c;aus.s(s) and manner as staled...
.MeDICAL EXAMINER/CORONER
On the billsls of eXilITllnaUoo and/or In.....tlgallon. In my opinion, deillth occ;urred ilt the lime, date. and plac;e, and due to the c;auses(s) and
manner .. slaled..
31a.
REGIS~R'S SIGNATURE AND NUMBER
./ -
JJ
~JI 11;21 { ul
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Last Will and Testament
OF
MYRTLE L. RICHARDS
I, MYRTLE L. RICHARDS, of Upper Allen Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Familv Information. I am widow, having
been married to RICHARD W. RICHARDS. I have five children: WAYNE
RICHARDS, JAMES RICHARDS, MARK RICHARDS, KENNETH RICHARDS and
PATRICIA CONNER. These are described in this Will as "my children," or as "a
child of mine." Any person born to or adopted by issue of mine is to be included as
issue of mine. Provided, however, no adopted person shall benefit under this Will
unless the order or decree of adoption is entered before the adopted person attains
the age of twenty-one (21) years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death and attributable to my
probate assets, shall be paid by the Executor out of the residue of my estate, as an
expense and cost of administration of my estate, except that no taxes shall be
charged against any gift qualifying for the marital or charitable deduction in my
estate. Inheritance and estate taxes attributable to non-probate property shall be
paid the recipient of that property.
Page 1
'-7JJ/yf
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
ITEM IV:
Tang-ible Personal Property.
(a) Written List. I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property
as specified in the written list. If no written list is found in my safe
deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it shall be
presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored.
(b) HWavne Survives. Hmy son, WAYNE RICHARDS,
survives me, I give to him all of my household furniture and
furnishings not set forth in the written list referenced in paragraph
(a). If he does not survive me, this gift shall lapse. I give all my other
tangible personal property, including but not limited to books, pictures,
jewelry, silverware, automobiles, wearing apparel and all other articles
of personal use or adornment and all policies of insurance there on to
my children, to be divided among them as they shall agree. Should
there be no agreement, the Executor shall divide this property among
them in as nearly equal portions as the Executor, in the discretion of
the Executor, deems appropriate, having due regard to the personal
preferences of the beneficiaries.
Page 2
'?mr~
ITEM V: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my children, in equal shares. If
any of my children is not living at my death, the share of my deceased child shall be
paid to his or her then living issue, per stirpes.
ITEM VI: Administrative Powers. In addition to the
powers granted at law, the Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named
that bank as the Executor.
(b) To vary investments and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
personal, without being restricted to so-called "legal investments", and
without being limited by any statute or rule of law regarding
investments by fiduciaries.
(c) In order to divide the principal of my estate or make
distributions, the Executor is authorized to distribute personal
property and real property partly or wholly in kind, and to allocate
specific assets among beneficiaries so long as the total market value of
each share is not affected by the division, distribution or allocation in
kind. The Executor is authorized to make, join in and consummate
partitions of lands, voluntarily or involuntarily, including giving of
mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
Page 3
7JJ;: -1
(d) To sell either at public or private sale any or all real or
personal property severally or in conjunction with other persons, and
to consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any person, including the
Executor, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to
assign and pledge assets of my estate.
(g) To pay all costs, taxes, expenses and charges in
connection with the administration of my estate.
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as my
Executor deems prudent and appropriate.
(i) To exercise voting rights with respect to securities which
form a part of my estate, and to exercise all the powers incident to the
ownership of securities.
Page 4
7hX~
(j) To unite with other owners of property similar to property
in my estate to carry out any plans for the reorganization of any
company whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under
the exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized by
law.
(m) To allocate administrative expenses to income or to
principal, as the Executor deems appropriate. However, no allocation
to income shall be made if the effect of the allocation is to cause a
reduction in the amount of any estate tax marital deduction or estate
tax charitable deduction.
(n) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor deems
appropriate, and to compensate these persons from assets of my estate,
without affecting the compensation to which the Executor is entitled.
(0) To make any adjustment to basis authorized by law,
including, but not limited to increasing the basis of any property
included in my estate, whether or not passing under this Will, by
Page 5
m~1
allocating any amount by which the bases of assets may be increased.
The Executor shall be under no duty and shall not be required to
allocate basis increase exclusively, primarily, or at all to assets which
pass as part of my probate estate as opposed to other property for
which a basis adjustment is allowable. The Executor shall allocate
basis increase equitably among those beneficiaries receiving property
as a result of my death, but shall not be liable to any person, nor
subject to removal or surcharge, for any reasonable allocation of basis
Increase.
(P) To compromise claims.
(q) To do all other acts in the Executor's judgment deemed
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate.
ITEM VII: Beneficiaries Under Age 25. If a beneficiary
under the age of twenty-five (25) years is entitled to receive assets under this Will,
the surviving parent of the Beneficiary shall receive those assets as Custodian for
the beneficiary under the Pennsylvania Uniform Transfers to Minors Act. However,
if the Beneficiary is a child of my son, JAMES RICHARDS, then the person who
served as Executor of my estate shall retain those assets as Custodian for the
beneficiary under the Pennsylvania Uniform Transfers to Minors Act. The
Custodian may receive and administer all assets authorized by law, and shall have
full authority as provided in the Pennsylvania Uniform Transfers to Minors Act to
use assets in the manner the Custodian deems advisable for the best interests of the
beneficiary. I also designate the person who served as Executor of my estate as
successor Custodian of any property for which I am custodian under any Uniform
Gifts to Minors Act or Uniform Transfers to Minors Act.
Page 6
ill x?1
ITEM VIII:
Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have predeceased me.
ITEM IX:
Executors. I make the following provisions
with respect to Executors:
(a) I appoint my son, MARK RICHARDS, to be the Executor.
(b) In the event that my son, MARK RICHARDS, is unable or
refuses to serve as Executor, my son, KENNETH RICHARDS, shall
serve as Executor.
(c) The Executor shall have the right to receive reasonable
compensation for services rendered and reimbursement for reasonable
expenses.
(d) No Executor shall be liable or accountable for any loss
that may result from the good faith exercise of the authority granted in
this Will.
(e) The Executor is specifically relieved from the duty of
filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding six (6) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this I C) day of lk(.Q;yn~ , 20oi.
~(;{:'~~ (SEAL)
RTLE L. RI ARDS
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last
Will and Testament, in the presence of us, who, at her request and in her presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testatrix was of sound and disposing mind and memory.
i'/ ';' if "
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(SEAL) Residingat /1(;"/ /7,17)/),/)///',/:1" I<:~
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(SEAL) Residing at -JF)~ i ~ ( p". u./ib""i ~
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
() I~) ) ss:
COUNTY OF ~
,
I, MYRTLE L. RICHARDS, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed the instrument as my Last Will and
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
~~h
TLE L. R G RDS
(SEAL)
Sworn to and subscrib~~ ~e~~r~ A
me this I~f-Lday of ~
,20D1
~u
Notary Publi
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CYNTHIA J RULE, Notary Public
Camp H,,, Boro., Cumberland. County
M CommIssion Expires Febru 3, 2008
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF )
We, k; ILj ",' rh.U( II and 5
the Witnesses whose names are signed to the attached or fo
being duly qualified according to law, do depose and say that we were present and
"
saw Testatrix, MYRTLE L. RICHARDS sign and execute the instrument as her
Last Will and Testament; that Testatrix signed willingly and that she executed said
Will as her free and voluntary act for the purposes therein expressed; that each of
us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that
to the best of our knowledge the Testatrix was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue influence.
/<{l~ !, lkU! id
Itness
Sworn to and subscrib\d before .
me this tD~dayof ~
,20D1:
~tL
Notary Pub ic
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NOT ARIAL SEAL .
CYNTHIA J RULE. Notary PublIC
Camp Hill Bora, Cumberland Cou~
M Commission Expires Febru 3,