HomeMy WebLinkAbout09-20-06
Prepared By: Robert Radebach, Esquire
Date: September 19,2006
Register of Wills of Dauphin County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of ANN L. HAMMOND
also known as
No.
, Deceased
Social Security No. 019-14-1436
(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 Annll!. 2000, and codicil(s) datedN/A,
Except as follows. Decedent did not marry, was not divorced. and did not have a child bom 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
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--l
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Relationship
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(COMPLETE IN ALL CASES:) Attach additional sheets. if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal
residence at 5440 Oxford Drive. Mechanicsbunz. PA 17055.
Decedent, then 86 years of age, died September 8. 2006, at 5440 Oxford Drive. Mechanicsburg. P A
17055.
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property - - - - - - - - - - - - - $200.000.00
(If not domiciled in PAl Personal property in Pennsylvania - - - - $
(If not domiciled in PAl Personal property in County - - - - - - - - $
Value of real estate in Pennsylvania - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $160.000.00
Total - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $360.000.00
Real Estate situated as follows: 5440 Oxford Drive. Mechanicsburg. P A 17055
Wherefore, Petitioner respectfully requests the probate of the last Will and Codicil(s) presented
with this Petition and the rant letters in the a ro riate form to the undersi ned:
Typed or printed name and residence
sville P A
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner above-named swears and affirms that the statements in the foregoing Petition are
true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative
of the decedent, Petitioners will well and truly administer th tate according to law.
Sworn to and affirmed and subscribed
before me this ~ day of
~ber, 2006 ",'
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DECREE OF REGISTER
Estate of ANN L. HAMMOND, Deceased
No.
also known as
Social Security No. 019-14-1436 Date of Death: Seotember 8. 2006
AND NOW, ;)fi ~~V\l hi.... ,2006, in consideration of the Petition on the reverse side
hereon, satisfactory ~sented before me.
IT IS DECREED that Letters . Testamentary D of Administration are hereby granted to
l::am~c:: P I-I::ammnnrl
in the above estate and that the instrument(s), if any, dated Aorill1. 2000 described in the Petition be
admitted to probate and filed of record as the last Will of Decedent.
FEES
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Letters - - - - - - - - - - - - - - - - - - $
Short Certificate(s) : - - - - - - - - $
Rel,ulllilcdloll - - - W l.l.l_ - . . - - $
Affidavit( )-- -- -- -- -- -- -- $
Extra Pages ( )- - - - - - - - - - - $
Codicil - -- --'- A;;U- -- -- - - $
JCP Fee -- .{-- -- -- -- -- -- $
Inventory & Tax Forms - - - - -. $
Other - - - - - - - - - - - - - - - - - - - $
TOTAL __ __ _ __ __ __ $ I1315V
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Attorne .
I. D. No. i 19255
Address: 912 North River Rd
Halifax. PA 17~o
Telephone: (717) 234-6655 ~;g
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IIO'i.SO:" REV liD:"
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Regist(ar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
No.
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Local egistrar
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TYPf.4>RINT IN
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BLACK INK
1 Name
COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
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o h:cldenl 0 Pending Invesligatlon
o SUlC(ifl 0 Could No! Be Detemined
32a. Dale 01 Injury {Monlll, day, yea,)
Approximale inlerval Part U: Enler other !iinniicanl conditm.'\ r.oolrbulino 10 dealh, 28 Did Tobacco UH ConIrbAe 10 D..IM
on.., 10 dea1l1 bill no! ,esulllllQ in lIIe undertyillo co.... given In Poll I 0 Ves 0 Plllillbly
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32<. Place 01 Injury: Homo, Farm. Slreet, Fectory, Olliee
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Doe 10 (or as a consequence 01)
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32b Descnbe how Injury OccU"ed
32d. Time 01 Injury
320. injUry 01 Wo,k?
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To Ule blstof lIlY know6edge, death occurred due 10 the CIUSe(S' and manner as ....Ied ..On ... .............................. ...........................,.." ..,........ ........................,. ...........0
Pfonouncing and cenifVing physician (PhYsk:ian both plOIlOUncll"lg death. and Cec1ityiog to LaU$El 01 death) 33d ~8 S6gnlled (ManIa ~. .daY, year)
To the best of my know~ge, ~th occuned ill the time, date, and pEace, and due 10 Ihec:ause(s) and manner as staled .. .. ...0 ...., \ \ \#'
Medic.. euminefJcg<<u.r
On lhe basil of edminaUon and/or Inveshgation, In my oplnton. de~lh occurred at the lime, dille,IM place, and due 10 the CiilUSe(S) and INnner ilS slale<! 0 34 Name and Address 01 Petson Who CoJlllloled Cause of Oealh (118m 27) TypetPflol
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LAST WILL AND TESTAMENT
OF
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ANN L. HAMMOND
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I, ANN L. HAMMOND, Social Security Number 019-14-1436, of the Co~o~ea1th of
Pennsylvania, declare that this is my LAST WILL AND TESTAMENT and I revo}c=e1Lll other
wills and codicils previously made by me. . ~
I. I appoint my son, JAMES P. HAMMOND of Pennsylvania as my Personal
Representative concerning this Will. Ifmy son, JAMES P. HAMMOND, is unable or fails to
serve, I then appoint my daughter, ANITA R. PEOPLES of Pennsylvania, to serve as my
Personal Representative.
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.
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 after my death as
may be practicable, and to payor deliver every legacy or bequest to my beneficiaries without
waiting any time that may be believed to be customary in probate matters.
Last Will and Testament of ANN L. HAMMOND
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Page 1 of 4
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E. 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.
II. 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 son, JAMES P.
HAMMOND of Pennsylvania, and my daughter, ANITA R. PEOPLES of Pennsylvania, in
shares of substantially equal value to be divided as they may agree.
A. If any of the persons named above in this paragraph shall not survive me, then the
share of that deceased person shall go to the descendants of that person, who are to take per
stirpes and not per capita. If any of the persons named above in this paragraph shall not survive
me and shall not be survived by any descendants, then the share of that deceased person shall be
distributed to those persons named above in this paragraph who survive me and the descendants
of any of the persons named above in this paragraph who fail to survive me, in the manner set
forth above.
B. If they are unable to agree, the division among the persons named above in this
paragraph and the descendants of any of those persons named above in this paragraph 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 the
beneficiaries under this paragraph 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.
III. 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. I have intentionally failed to provide
for my son, JOHN T. HAMMOND in this Will.
N. Any beneficiary who fails to survive until One Hundred and Twenty (120) hours after
my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be
disposed of accordingly.
V. Definitions:
A. 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
,I Last Will and Testament of ANN L. HAMMOND
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Page 2 of 4
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to
II.
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.
B. The term "Personal Representative" as used in this Will shall have the same meaning
as Executor, Executrix, Independent Executor, or any other title of like import which is used to
describe such a fiduciary.
VI. In addition to any powers granted by the laws of the jurisdiction 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.
VII. 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 reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain 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.
This document was prepared under the authority of Title 10 U.S. Code, section 1044, and
implementing military regulations and instructions, by JONATHAN HOWARD, a member of
The Judge Advocate Legal Service, United States Army, who is licensed to practice law in The
State Of Georgia.
IN WITNESS WHEREOF, I have at Carlisle, Pennsylvania, on II (/f;J~O(]() ,
set my hand and seal to this my LAST WILL AND TESTAMENT, consisti g of.4 typewritten
pages, each page bearing my handwritten signature.
a ,r'LiY! ~ fuJijI6X' M-:/ (SEAL)
AN L. HAMMOND
Last Will and Testament of ANN L. HAMMOND
Page 3 of 4
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The foregoing instrument was, at Carlisle, Pennsylvania, on / / q,}/ J j .l-./J 00 ,
signed, sealed, published and declared by ANN L. HAMMOND, the tes trix, to be her LAST
WILL AND TEST AMENT in the presence of all of us at one time, and at the same time we, at
her request and in her 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 testatrix is of sound and
disposing mind and memory at the date hereof.
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Page 4 of 4
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I, ANN L. HAMMOND, the testatrix, sign my name to this instrument on / / ~ f ~oo ,
and being fIrst sworn, declare to the undersigned authority that I sign and execute this instrume as my last wIll,
that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the
purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or
nndue IDflnence. ~ ~
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ANN L. HAMMOND
ACKNOWLEDGMENT
I, ANN L. HAMMOND, 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; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
lCk.kI ~ fu;J1IfWcJ<SEAL)
ANN L. HAMMOND
AFFIDAVIT b
We, GS'E"~ G-e-o,.',;- , and ])Q;Y/6ne..- f..~ jj;)ks , 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 testatrix sign and execute the instrument as her Last
Will; that the testatrix signed willingly and executed it as her free and voluntary act for the
purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix
signed the will as a witness; and that to the best of our knowledge the testatrix was at that time 18
or more years of age, of sound mind and under n~r undue influence.
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of ~~I f/4 of ~~ ;9f
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by ANN L. HAMMOND, the testatrix, and subscribed and
swo~oremebY e~7d Ger>e~ and
'en ~:e. }1/ 'k-r , the witnesses, on
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"N'citary Publie!ctar!a\ 5e . .
~ Bett\' R. 5tandriC:;;s, ~btary Publt,..
I carlble Sere, cu~berland Count} ,
~ My COffi!71isslon Expires May 14~.O
I."IVIp.loher. ppnn~!jvfln:a A~<;or.i;1ti"r""' ,
Last Will and Testament of ANN L. HAMMOND
Witnesses Attestation and Self-Proving Clauses