HomeMy WebLinkAbout01-19-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Norman J. Shires
also known as
No. 21- 0& -0 ()~ r
, Deceased
Social Security No. 205-18-9788
Elizabeth A. Lusk
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 07/23/2002 and codicils dated
Executrix
named in the last Will of
State relevant circumstances, e.g., 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:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente 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:
Name
elationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 7 Oak Ridge Road, Carlisle, PA 17013
(list street, number, and mUnicIpality)
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Decedent, then -1L- years of age, died
12/17/2005
at Carlisle Regional Hospital
(Location)
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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
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
30,000.00
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:
Elizabeth A. Lusk
yped or printed name and residence
111 Spring Road
Oillsburg. PA 17019
ignature
~
Prepared by the Pennsylvania Bar Association
Copyright (e) 2004 fORn software only The Lackner Group, Inc.
Fonn RW-1 (1991)
Register of Wills of
Estate of
Norman J. Shires
No. 21- 6 {p - 0 )(
also known as
Cumberland
County, Pennsylvania
RENUNCIATION
I Deceased
The undersigned,
Ann G. Shires,
Spouse
of
(Relationship) (Capacity)
the above Deced~. hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to
to
EIi~abeth A. 1;ysk
,t._.
. WITNESS mjiour hahd(s) this
..~-,
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Sworn to or affirmed and subscribed
f1-.-
I If day
io:t~d~O&
~otary Public ~~
before me this
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
I II 'f1.. day of I a", fA ~ r ~J
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~~~
(Signa ur~
Ann G. Shires
7 Oak Ridge Road
Carlisle. PA 17013
(Address)
(Signature)
(Address)
(Signature)
(Address)
--
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Marlelle F. Hazen. Notary Public
Susquehanna Twp.. Dauphin County
My Commission Expires Sept. 23. 2006
NOTE: Renunciations executed outside the Office of Register of Wills
in some counties are required to be notarized.
Form#RW-4 (1991)
f
BJ- o In- c:r
Oath of Personal RepresentatiVe
Commonwealth of Pennsylvania
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 Decedent, Petitioner(s) will well and truly administer the estate according to law.
~ol\
Elizabe hLusk
before me this
(1
Q, 12 o.
')
^~ /
Sworn to or affirmed and subscribed
Norman J. Shires
Estate of
also known as
, Deceased
,-,:J
Social Security No: 205-18-9788
c;;k/ALI Q7 I 7 t'-"<
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [RjTestamentary 0 of Administration
Date of Death:
12/17/2005
:-:"'1
AND NOW,
0< O~ Jo
, in COhsid~ration . .
V:J
(c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Elizabeth A. Lusk. Executrix
in the above estate and that the instrument(s) dated
7/23/2002
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters.......................................... $
90.00
~/{i JttAMI~ l)jy;vi/Jf!!#.~ ~
t~..;~wJt1fa '
Short Certificate(s)...................... $
20.00
Renunciation............................... $
5.00
Attorney:
Marielle F Hazen
Extra Pages ( )......................$
15.00
I.D. No: 68003
Marielle F. Hazen
Address: 2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
Telephone2 717-540-4332
Affidavits ( )...........................$
Codicil.......................................... $
JCP Fee.......................................$
10.00
Inventory...... ............ .................... $
E-Mail:
Other.. ......... ............... ........ .......... $
5.00
TOTAL............................ $
145.00
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
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LAST WILL AND TESTAMENT
OF
NORMAN J. SHIRES
Dated:
;d, J3
J
, 2002
Prepared by:
Byron R. Prusky, Esq.
Two Penn Center Plaza, Suite 620
Philadelphia, P A 19102
215-563-6000
~ /. o~-orr
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LAST WILL AND TESTAMENT
OF
NORMAN J. SHIRES
I, Norman J. Shires, make, publish and declare this to be my Last
Will and Testament, revoking all wills and codicils at any time heretofore made by
me. I am married to Ann G. Shires. I have three children whose names are
Elizabeth A. Lusk, Richard N. Shires and Ralph E. Shires. I reside and am
domiciled in Cumberland County, Pennsylvania.
FIRST: I direct that the expenses of my last illness and funeral, the
expenses of the administration of my estate, and all estate, inheritance and similar
taxes payable with respect to property included in my estate, whether or not
passing under this will, and any interest or penalties thereon, shall be paid out of
my residuary estate, without apportionment and with no right of reimbursement
from any recipient of any such property. The provisions of this Article FIRST
shall not apply to the extent that contrary provisions concerning the payment or
apportionment of any such taxes have been or shall be made in any inter vivos in-
strument executed by me relating to any insurance, trusts, gifts or other transfers,
jointly owned property or accounts, or property subject to power of appointment.
SECOND: I give certain items of tangible personal property as listed
in a separate unsigned memorandum.
I give and bequeath all other tangible personal property owned by me
at the time of my death, including without limitation personal effects, clothing,
jewelry, furniture, furnishings, household goods, automobiles and other vehicles,
together with all insurance policies relating thereto, to my wife Ann G. Shires, if
she survives me, or if she does not survive me, to those of my children (Elizabeth
A. Lusk, Richard N. Shires and Ralph E. Shires) who survive me, in substantially
equal shares, to be divided among them as they shall agree, or if they cannot agree,
as my Executor shall determine.
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THIRD: I give, devise and bequeath all the rest, residue and
remainder of my property and estate, both real and personal, of whatever kind and
wherever located, that I own or to which I shall be in any manner entitled at the
time of my death (collectively referred to as my "residuary estate"), to the trustee
under the following trust to be held and disposed of in accordance with the terms,
covenants and cond.lit}~jJ of such trust: Norman J. Shires and Ann G. Shires
Living Trust Dated 0/ 23 ,2002
In connection with the preparation of any tax return for me or my
estate, I authorize my Executor: to determine whether to elect to qualify any
property as qualified terminable interest property for Federal and/or State estate tax
purposes; to make any election available under Section 2652(a)(3) of the Internal
Revenue Code with respect to qualified terminable interest property as my
Executor may deem advisable; to make any election available with respect to
Chapter 13 of the Internal Revenue Code and to allocate the same to property
eligible for such allocation, whether or not such property is held hereunder,
including property transferred by me during my life as to which I did not make an
allocation prior to my death, in such amounts and proportions as my Executor may
deem advisable; to determine whether to include or exclude any item of property;
to determine within permitted limits the date of valuation of my estate; to
determine whether certain deductions shall be taken as income tax deductions or
estate tax deductions; and to determine whether to adjust between principal and
income.
FOURTH: I appoint my wife Ann G. Shires to be my Executor. If
my wife does not survive me, or shall fail to qualify for any reason as my
Executor, or having qualified shall die, resign or cease to act for any reason as my
Executor, I appoint Elizabeth A. Lusk as my Executor. If Elizabeth A. Lusk shall
fail to qualify for any reason as my Executor, or having qualified shall die, resign
or cease to act for any reason as my Executor, I appoint Richard N. Shires as my
Executor. If Richard N. Shires shall fail to qualify for any reason as my Executor,
or having qualified shall die, resign or cease to act for any reason as my Executor, I
appoint Ralph E. Shires as my Executor. I direct that no Executor shall be required
to file or furnish any bond, surety or other security in any jurisdiction.
FIFTH: I grant to my Executor all powers conferred on executors
under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any
successor thereto, and all powers conferred upon executors wherever my Executor
may act. I also grant to my Executor power to retain, sell at public or private sale,
exchange, grant options on, invest and reinvest, and otherwise deal with any kind
2
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of property, real or personal, for cash or on credit; to borrow money and encumber
or pledge any property to secure loans; to pay any legacy or distribute, divide or
partition property in cash or in kind, or partly in kind, and to allocate different
kinds of property, disproportionate amounts of property and undivided interests in
property among any parts, funds or shares, and to determine the fair valuation of
the property so allocated, with or without regard to tax basis; to exercise all powers
of an absolute owner of property; to compromise and release claims with or
without consideration; and to employ attorneys, accountants and other persons for
services or advice. The term "Executor" wherever used herein shall mean the
executors, executor, executrix or administrator in office from time to time.
SIXTH: If my wife and I shall die in a common accident or disaster
or under such circumstances that it is difficult or impracticable to determine who
survived the other, then I direct that for purposes of this will she shall be deemed to
have survived me. If any beneficiary under this will (other than my wife) and I (or
any other person upon whose death the interest of such beneficiary depends) shall
die in a common accident or under circumstances in which it is difficult or
impractical to determine who survived the other, then I direct that for purposes of
this will such beneficiary shall be deemed to have predeceased me (or such other
person) .
IN WITNESS WHEREOF, I, Norman J. Shires, sign, seal, publish
and dL~re this instrument as my last will and testament this 211']) day
of n ' 2002.
~~~~
(--"'L Norrlllin J Shires
L.S.
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The foregoing instrument was signed, sealed, published and declared
by Norman J. Shires, the above-named Testator, to be his last will and testament in
our pres ce, all being present at the same time, and we, at his request and in his
presence d in the presence of each other, have subscribed our names as witnesses
on the da bove written.
residing at:
701 Knox Rd.
Villanova, P A 19085
residing at:
205 Springhouse Pond
Wayne, PA 19087
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ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEAL TH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss.
We, Norman J. Shires and Jay Cohen and Kevin Murphy, the Testator
and the witnesses respectively, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the Testator, Norman J. Shires, signed and executed said instrument
as his last will and testament in the presence and hearing of the witnesses, and that
he had signed willingly, and that he executed it as his free and voluntary act and
deed for the purposes therein expressed, and that each of the witnesses at the
request of the Testator, in the presence and hearing of the Testator and each other,
signed the will as witness, and that to the best of his or her knowledge the Testator
was at the time at least eighteen years of age, of sound mind and under no
constraint, duress, fraud or undue influence.
Subscribed, sworn to and acknowledged before me by the said
Norman J. Shires, Testator, and subfcred and sworn to before me by the above-
named witnesses, this)3 day of!"'1 W ~
Notary Publi
My commission expires on
r~1