HomeMy WebLinkAbout01-17-07
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Arlene E. Gouse
also known as
No. 21-07- ODtoO
, Deceased
Social Security No. 159-24-9482
Linda S. McCullough
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[KI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 02/10/2003 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
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
County, Pennsylvania with his/her family
Decedent, then 78
years of age, died 01/12/2007
South Middleton Twp.
(list street, number, and municipality)
at Cumberland Crossings, Carlisle, PA
(Location)
or principal residence at 1 Longsdorf Way, Carlisle, PA,
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
100,000.00
$
$
$
$
35,000.00
situated as follows: 1458 McCabe Rd., and Kennedy Valley Rd., Perry County, PA
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:
Typed or printed name and residence
Linda S. McCullough 805 Yellow Hill Road
Biglerville, PA 17307
Prepared by the Pennsylvania Bar Association
Copyright (cl 2004 form software only The Lackner Group. Inc.
Form RW-1 (1991)
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 acco~~i1ij to law. .
c:g //f . /~21/J c ""
Sworn to or affirmed and subscribed /'"'7) ,It Lild ~ . / tit C<..-.
17 U'mta S. McCu ough
before me this day of
L~
21-07- (j() LoO
No.
Estate of
Arlene E. Gouse
, Deceased
also known as
159-24-9482
Date of Death:
01/12/2007
AND NOW,
,;2(5 7
. in r.on~ider;ltinn
of the Petition on th eon, satisfactory proof having been presented before me,
IT IS DECREED that Letters 00 Testamentary 0 of Administration
(c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Linda S. McCullough, Executrix
in the above estate and that the instrument(s) dated
2/10/2003
described in the Petition be admitted to probate and filled of record as the last W'II
FEES
Letters........ ....... ....... ......... ........... $
d,wO 00
It..o 00
4/~
Short Certificate(s)...................... $
Renunciation........ ....................... $
IWlaB. its" (
i \ I I
)....~..r.............$
/5 00
1.0. No:
06298
Extra Pages ( )......................$
Wiley, Lenox, Colgan, & Marzzacco, P.C.
Address: 130 W. Church St.
CodiciL......................................... $
Dillsburg, PA 17019
/D 06
Telephone1 717-432-9666
JCP Fee.......................................$
Inventory................... ............ ....... $
emer......&.h?....................$
E-Mail:
TOT AL................. ........... $
o ()O
3 (j~ 00
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
H 10).80) REV 110)
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. 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~
No.
.~&,~. '
~ Loc,' Rt~
Fee for this certificate, $6.00
p
13240535
JAN 1 5 2007
Date
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COMMONWEALTH OF PENNSYL VANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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Arlene
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1_
Cumberland S. Middleton Twp.
11 Otcedrtnl'sUSUII oIwor11don1 lI'OStol liIe-donolslIilertril'" 12
lCIllIo(WorII; lCIldol.~!.t1'1
Secretary Insurance
_ 16. o.c.:senr.MlqJdlha{StMlciyl'/orMl.st.lle.zlioodll
1 Longsdorf Way,Cumberland Crossings
Carlisle, PA 17013
Cumberland Crossings
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MNdForca? EIImenlIry~(O-I2)
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Joseph W. Nelson
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Mar Renard
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Mrs. Linda S. McCullough
805 Yellow Hill Road, Biglerville, PA 17307
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LAST WILL AND TEST AMENT
OF
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I, ARLENE E. GOUSE, currently a resident of and domiciled in Carroll T({~lls}lip, ~ork
County, Pennsylvania, do hereby make, publish and declare this to be my Last WilFaud
Testament, hereby revoking all Wills and Codicils at any time heretofore made by nY6,:'! -.I
)
ARLENE E. GODSE
, '_.J
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--
ITEM I: Personal Effects. I give and bequeath all of my tangible~rsonaL-
property, together with all policies of insurance thereon, to my daughter, LINDA'S. ' ;~
MCCULLOUGH. If LINDA S. MCCULLOUGH predeceases me leaving issue that surviveme,
I give and bequeath all of my tangible personal property to her issue, per stirpes.
ITEM II: Specific Bequest. If my husband, EARL C. GOUSE, survives me by
one hundred seventy (170) days, I give, devise and bequeath to my husband cash, securities or
other property of my estate having a value equal to the amount, if any, that my husband would be
entitled to receive ifhe exercised his elective share rights as set forth in section 2201 et seq. of
the Pennsylvania Probate, Estates and Fiduciaries Code (the "PEF Code"); provided, however,
that this bequest shall be reduced to the extent my husband has waived the right to elect under
PEF Code section 2207 or forfeited the right to elect under PEF Code section 2208. In
computing the amount of this bequest, it shall be assumed that my husband has elected under
PEF Code section 2204( c) to retain all beneficial interests in property that he would otherwise be
required to disclaim ifhe exercised his elective share rights. Provided my husband survives me
for one hundred seventy (170) days and he has not waived or forfeited his elective share rights, it
is my intention, that as a result of my death, he receive property having a value equal to (but not
more than) that which he would receive ifhe were to exercise his elective share rights.
My Executor shall have the sole discretion to select the assets which shall constitute this
bequest. If my husband does not survive me by one hundred seventy (170) days, or in the event
my husband (or his legal representative) disclaims any portion of this bequest, this bequest, or
the disclaimed portion thereof, shall be distributed as part of my residuary estate.
This bequest shall be distributed, in trust, to my hereinafter-named Trustee to be held,
administered and distributed as follows:
(a) My Trustee may pay to or apply for the benefit of my husband during his lifetime
such sums from the net income or principal of this trust as in its discretion shall be necessary or
desirable from time to time for his medical care, support, and maintenance in reasonable
comfort, or for any other reason my Trustee deems appropriate. Any net income not paid shall
be accumulated and added to principal. Upon the death of my husband prior to complete
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distribution of this trust, the then remaining principal and accrued income shall be distributed
pursuant to Item III ofthis Will as in had then died.
(b) Whenever my Trustee makes a distribution, it may be paid out in such of the
following ways as my Trustee deems best: (1) directly to my husband; (2) to my husband's
legally appointed guardian or attorney-in-fact; (3) to some relative or friend for the care and
support of my husband; (4) orby my Trustee using such amounts directly for my husband's care
and support. My Trustee shall have no further responsibility for funds so paid.
ITEM III: Residuarv Bequest. I give, devise and bequeath all the rest, residue
and remainder of my estate to my daughter, LINDA S. MCCULLOUGH. If LINDA S.
MCCULLOUGH predeceases me leaving issue who survive me, I give, devise and bequeath all
the rest, residue and remainder of my estate to her issue, per stirpes.
ITEM IV: Executor. I appoint my daughter, LINDA S. MCCULLOUGH, as
Executrix of this WilL
ITEM V: Trustee. I appoint my daughter, LINDA S. MCCULLOUGH, as
Trustee ofthe trusts created hereunder.
(a) The then acting Trustee shall have the power to appoint at any time and from time
to time any person or bank or trust company to act as successor Trustee in the event that the
initial Trustees shall be unwilling or unable to serve or continue to serve as a Trustee.
(b) Whenever a bank or trust company is serving as Trustee hereunder, the
beneficiary of any such trust (or such beneficiary's authorized agent or legal representative) shall
have the power to remove such Trustee and replace the same with some other bank or trust
company to act as successor Trustee. The successor must be a bank or trust company that is not
related or subordinate to any trust beneficiary within the meaning of Section 672( c) of the
Internal Revenue Code. The removal shall not be effective until a successor has accepted its
appointment.
(c) Any successor Trustee shall have the same powers, duties and authorities as
though named hereunder as an original Trustee. Any successor Trustee shall be exempt from
any liability in any way related to the prior actions or omissions of the Trustees hereunder, and
each shall be entitled to accept as conclusive any accounting and statement of assets furnished by
any predecessor Trustee.
(d) Any removal, resignation, appointment or acceptance of trusteeship shall be made
by written instrument duly signed, acknowledged before a notary public and filed with the
records ofthe Trust. Any Trustee may resign at any time without court approval; provided,
however, if the resigning Trustee was serving as sole Trustee, such resignation shall not be
effective until a successor has accepted an appointment as Trustee.
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(e) Notwithstanding any provision herein to the contrary, no Trustee may participate
in the exercise of any discretion to distribute principal to himself or herself other than for his or
her health, education, support or maintenance, nor may any Trustee participate in the exercise of
any discretion to distribute or expend principal or income to satisfy any of the trustee's personal
legal obligations for support or other purposes.
ITEM VI: Fiduciary Powers. All fiduciaries (which term whenever used herein
shall include my Executors and Trustee and their successors) serving hereunder shall do so
without bond or other security in any jurisdiction. In addition to powers given them by law, all
fiduciaries acting under this, my Last Will and Testament, shall have the following powers,
applicable to all property held by them, effective without court order and until actual
distribution:
(a) To retain any or all of the assets of my estate or trust, real or personal, without
regard to any principle of diversification or risk;
(b) To sell at public or private sale, to exchange, or to lease for any period oftime,
any real or personal property and to give options for sales, exchanges or leases, for such prices
and upon such terms or conditions as they deem proper;
(c) To invest in all forms of property (including stock, common trust funds and
mortgage investment funds whether maintained by my corporate fiduciary, if any, or others)
without restriction to investments authorized for Pennsylvania fiduciaries;
(d) To make distribution in cash or in kind, or partly in cash and partly in kind, and in
such manner as they may determine, and at valuations finally to be fixed by them;
(e) To allocate receipts and expenses to principal or income or partly to each as they
from time to time deem proper in their discretion;
(f) To engage in litigation and compromise, arbitrate or abandon any claim;
(g) To borrow money from any person or institution, and to mortgage or pledge any
or all real or personal property as they in their discretion shall choose, without regard for the
dispositive provisions of this instrument;
(h) To continue and operate any business owned by me at my death for such time as
my fiduciary shall deem advisable;
(i) Power in my executors to disclaim on my behalf any property or interest in
property which would otherwise have passed to me by any means prior to my death.
(j) Power in my Trustee to combine assets of two or more trusts (including trusts
created by third parties) if the provisions of each are substantially identical, and to administer
them as a single trust, ifmy Trustee reasonably deems it appropriate and the combination is
consistent with my intent, and facilitates the trust's administration without defeating or impairing
the interests of the beneficiaries.
(k) In general, to exercise all of the powers in the management of my estate which
any individual could exercise in the management of similar property owned in their own right,
upon such terms and conditions as my fiduciaries may see best, and to execute and deliver any
and all instruments and to do all acts which my fiduciaries may deem proper or necessary to
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carry out the purposes of this my Will, without being limited in any way by the specific grants of
power made, and without necessity of a court order.
ITEM VII: Spendthrift Clause. Except as otherwise provided herein, all
payments of principal and income payable, or to become payable, to the beneficiary of any trust
created hereunder shall not be subject to anticipation, assignment, pledge, sale or transfer in any
manner, nor shall any said beneficiary have the power to anticipate or encumber such interest,
nor shall such interest, while in the possession of my Executor or Trustee, be liable for, or
subject to, the debts, contracts, obligations, liabilities or torts of the beneficiary.
ITEM VIII: Beneficiaries Under 21. If any share of my estate becomes
distributable to a beneficiary who has not attained the age of twenty-one (21) years, then the
same shall be paid to a custodian for the beneficiary under the Pennsylvania Uniform Transfers
to Minors Act. The custodian shall be selected by my Executor, and may be my Executor or the
minor's parent. The receipt of the custodian shall be a full discharge of my Executor.
IN WITNESS WHEREOF, I have hereunto set my han~...and affixed my seal to this, my
Last Will and Testament, consisting of five (5) pages, this ~T7day of
feBR..U4ry ,2003.
/)
L--tk.&~ ~ ~"d-C---- (SEAL)
ARLENE E. GOUSE
SIGNED, SEALED, PUBLISHED AND DECLARED by the above Testatrix as and for her
LAST WILL, in the presence of us who thereupon at her request, in her presence and in the
presence of each other have hereunto subscribed our names as witnesses:
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Name /
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Address /'
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Name
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Address
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COUNTY OF
Yof?- )<
)
) SS:
)
COMMONWEALTH OF PENNSYLVANIA
I, ARLENE E. GOUSE, the 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 that I signed it willingly and as my free and
voluntary act for the purposes therein expressed.
Sworn to or affumed and acknowledged before me by ARLENE E. GOUSE, the
Testatrix, this / Cyrd'ay of r~ AR..IJ It- R I ' 2003.
Notary~ E-~
--{ aAL,~ ~ ~, ~~
ARLENE E. GOUSE .
[t~':=~t:...'~'.:;;..."L'" ~.f;.- ~",,_""_'):-""_""~~__'
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
'jOf<-J<.
)
) SS:
We, ~ " co; 1,/ ,....J L. /U ~ "'- I and Z 0 ,. s. Z -e /.~ / -e .- , witnesses,
whose names are signe6 to the attached or foregoing instrument, being uly 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 witnesses; and that to the best of our knowledge, the Testatrix was at the time 18
or more years of age, of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by
and Lc;:; 2 e (3 J e f:: , witnesses, this
FtJ. 6R. V A!<.Y , 2003.
/
C1~Ol..,t"tJ L. NeAL
It) h d yof
Q:;~~ 7/[~~
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Witness
~ /?(~
Witness
Notary Publi
NOTARIAl SEAL
CHERIE E, DRAWBAUGH, NOTARY PUBLIC
l)IU.S8URG BOROUGH. COUNTY OF YORK
W COrvIMISSiON FXPiRES AJ'l'lIL 13. 2006
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