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Home My WebLink About01-03-07 IN RE: The Estate of SYLVIA C. KELLY, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : Orphans' Court Division : No. ~ \ (::) '\ C) () \ {J PFTTTTON FOR THE SETTI ,EMENT OF A SM AT .T , EST ATE TN ACCORDANCE WITH 20 PA C S A SECTION 1102 TO THE HONORABLE, THE JUDGES OF THE SAID COURT, The Petition of Elaine D. Slusser respectfully represents: 1. That she resides at 171 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, and is the sister of the decedent, SYLVIA C. KELLY. 2. That the decedent, SYLVIA C. KELLY, died on May 23,2006, and at the time of her death was a resident of 210 Hill Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. That the decedent died testate and under Item 6 of her Last Will and Testament, the Petitioner, ELAINE D. SLUSSER, was appointed the personal representative of the estate of Sylvia C. Kelly. A copy of said Will is attached hereto, marked as Exhibit "A", and incorporated herein by reference. r-,) C:~l c::> ....... 4. o "1 L... That the said SYLVIA C. KELLY left surviving her the following per~ ent1Ded 'r- cc' ,,, I ,,_' W -' -' .,,/'~ to share in her estate: A. ELAINE D. SLUSSER 'i ...... -"... Relationship to decedent: Sister None of the people mentioned herein have received or retained property by way of payment of wages, salary or vacation benefits as set forth in 20 Pa. C.S.A. Sec. 3101. 5. That no person is entitled to the Family Exemption. 6. That the gross value of the personal estate of the decedent does not exceed $10,000.00. \.D 7. That the property of the decedent and the values of the several items thereof are as follows: A. B. e. D. E. F. G. H. I. 8. Personal savings account at M&T Bank Classic checking account at M&T Bank Proceeds received from Dan Hershey Auctioneering Services, LLC Check received from Russell J. Brenneman Membership refund from Central Penn AAA Refund from Comcast Cable Communications Refund from Embarq Premium refund from Erie Insurance Group Refund check from Discover Bank $2,029.80 1,680.25 270.89 241.67 63.00 1.75 10.76 92.00 195.76 The value of the personal savings account, classic checking account at M&T Bank and checks received total the sum of $4,585.88. 9. That a schedule of assets and deductions for inheritance tax purposes will be filed with the Register of Wills; any inheritance tax assessed to be paid. 10. That the Petitioner, as sole beneficiary of the estate of Sylvia e. Kelly, has been given written notice of the intention to file this Petition and hereby consents to waive the requirement of the twenty (20) days prior written notice of the intention to file such Petition. Copy of said Waiver and Consent is attached hereto and incorporated herein by reference. WHEREFORE, Petitioner prays that the Court direct distribution of the property of the said Sylvia C. Kelly in the following manner: A. That the Personal savings account at M&T Bank, account number 15004200022355, and the Classic checking account at M&T Bank, account number 687332, be closed and that a check or checks for the proceeds from each account be issued to Elaine D. Slusser; and B. That Elaine D. Slusser be authorized to cash each check received as set forth in Paragraph 7 herein above and receive the proceeds of each check by way of cash or check made payable to her; and C . That Petitioner be authorized to execute any and all tax documents, including but not limited to the Pennsylvania Inheritance Tax Return. Dated: )>~~..;- , r; :? fJ 0 G ,,'" t ~y&k;4- Anthony L. De , Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 Telephone (717)258-6844 Attorney LD. No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition For The Settlement Of A Small Estate In Accordance With 20 PA C.S.A. Section 3102 are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. -c4l~~J'--~JCVv!c/ Dated: ~~~J::-f~~o{, Elaine D. Slusser, Petitioner W A TVFR A NT) rONSpNT The undersigned party, having an interest in the Estate of SYLVIA C. KELLY, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: :t>~Jf "{<'crt -e:iW1-ill"~l ~/ol ~c / Elame D. Slusser--- Sworn to and subkcribed before me this _I( day of &.a.J1.t4 2006. c1n~a.dJ-/~ Notary B lic NOTARIAL SEAL MARJORIE A DELUCA Notary Public IQUlHMID.ETON lWP.C\MIERlN'I)COtHV My ComtnISSIOn Expires Nov 4. 2007 LAST WILL AND TESTAMENT OF SYLVIA C. KELLY I, SYLVIA C. KELLY, a resident of Mt. Holly Springs, Cumberland County, Pennsylvania being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ITEM 1: I direct that all my just debts, the expenses of my last illness and funeral expenses be paid as soon after my decease as the same can conveniently be done. ITEM 2: I direct that there shall be paid out of my residuary estate all estate, inheritance and like taxes together with any interest or penalty thereon imposed by the government of the United States, or any state or territory thereof, or by any foreign government or political subdivision thereof, in respect to all property required to be included in my gross estate for estate, inheritance or like tax purposes by any of such governments, whether the property passes under this Will or otherwise, excluding, however, any property over which I have a taxable power of appointment, provided, however, that no residuary beneficiary shall by reason of this provision be denied the benefit of any deduction, credit, favorable rate of tax or other benefit which by law enures to such beneficiary. ITEM 3: It is my wish that my remains be cremated and my ashes be distributed in Peabody, Massachusetts. 1 ~ (..6 tV- '-< * fI LAST WILL AND TESTAMENT OF SYLVIA C. KELLY ITEM 4: I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and nature, and wheresoever situate at the time of my death, unto my sister, ELAINE D. SLUSSER, provided, however, that she survives me and is living sixty (60) days after the date of my death. ITEM 5: If and in the event that my sister, ELAINE D. SLUSSER, does not survive me and is not living sixty (60) days after the date of my death, then and in such event, I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and nature, and wheresoever situate at the time of my death, unto my step-son, HERBERT J. COMEAU, JR., provided however, that he survives me and is living sixty (60) days after the date of my death. ITEM 6: I hereby nominate, constitute and appoint my sister, ELAINE D. SLUSSER, Executrix of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of her in this or any other jurisdiction for her performance of this office. If and in the event that my sister, ELAINE D. SLUSSER, does not survive me and is not living sixty (60) days after the date of my death, or does not complete her duties as Executrix, then and in such event, I hereby nominate, constitute,~d appoint my step-son, ",/ ,/' / 2 LAST WILL AND TESTAMENT OF SYLVIA C. KELLY HERBERT 1. COMEAU, JR., Executor of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of him in this or any other jurisdiction for his performance of this office. ITEM 7: If any provision of this Will or of any Codicil hereto is held to be inoperative, invalid or illegal, it is my intention that all the remaining provisions thereof shall continue to be fully operative and effective, so far as is possible and reasonable. IN WITNESS WHEREOF, I, SYLVIA C. KELLY, the Testatrix, have to this my Last Will and Testament, typewritten on three (3) consecutively numbered pages, T subscribed my name and affixed my seal this J ~ day of September, 2005. SEAL) Signed, sealed, published and declared by the above named SYLVIA C. KELLY, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her r:equest. as witnesses hereto, in t..~e presence of the smdTestatrix, and of each other. /Ij r/'OA.J"i- sr/l'e"f>'f ~:fA+residingat $o:.L,~1.~~~. 1'16d7 //3 V~4 Ad /fl A~Sidingat 137 4"-"7"2/ ~. /7<97 3