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HomeMy WebLinkAbout03-19-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Helen A. Valk also known as File Number 21-0 (- () 2.Sq , Deceased Social Security Number 172-24-7607 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) C") Cc-; 0 . :-T1 ~ -~ ("') --:.:~ 1 . j'C-, . r .:::'J i'""'--' C..;':> t.=~ -.. -1'1:: d...h.' ~;J)ame : In I-'.e ) :::u I2J A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrix last Will of the Decedent dated November 7, 2003 and codicil(s) dated The first named executrix, Vema A. Fultz has renounced. UJ - ..~.." ,.- ", (State relevant circumstances, e.g., renunciation, death of executor, etc.) -' :. -~. (._"" :.;~ '~-d' ""'j 1 -0 =: Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofQtei1strumen~ offered '. I for probate, was not the victim of a killing and was never adjudicated an incapacitated person: '. c.n 1"V o B. Grant of Letters of Administration (lfapplicable, enter: 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: (If Administration, c.t.a. or d.b.n.c.t.a., enter date a/Will in Section A above and complete list a/heirs.) I Name Relationship Residence , (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent, then 77 years of age, died on March 13,2007 at 36 Blue Mountain Vista, Mechanicsburg, PA Decedent at death owned property with estimated values as follows: (lfdomiciled in PA) All personal property (lfnot domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 315,000.00 239,000.00 situated as follows: 36 Blue Mountain Vista, Mechanicsburg, Silver Spring Township, PA 17055 Wherefore, Pet' ioner(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 fonn to the undersig . T d or rinted name and residence Suzanne M. Thaler, 410 Touchstone Drive, Carlisle, P A 17015 Form RW-02 rev. 10./3.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS 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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. (------' Sworn to or affirmed and subscribed before me the \q+l- day of Signature of Personal Representative D "-,.) c::.." r-... -... Signature of Personal Representative ~-'~~ ~.~r~\ --.,-... ::-4:'.... ;:;:0 File Number: 'l1-0(-02...5'1 \.,0 - I ;-;,......._j -u ~.... r "~--i:1 Estate of Helen A. Valk -;:::'~i , ) ::.::j , Deceased N CJ1 N Social Security Number: ]72-24-7607 Date of Death: March 13, 2007 AND NOW, --.m (l rC h I q ,d...C:i.) ., , in consideration ofthe foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Suzanne M. Thaler in the above estate and that the instrument(s) dated November 7, 2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ 4tDO,00 Short Certificate(s) .. .. . . .. $ \ 2. OD Renunciation(s) .......... $ 5. nO C"-'-':::h",~ . .. $ 5. 00 u...:>\ \ \ . . . $ IS""". OU .J e..p ... $ Ie) .00 .. . $ ...$ ... $ ... $ ...$ . .. $ TOTAL ............ . . $ Sn .00 IT.''CJt) Attorney Signature: Attorney Name: Supreme Court J.D. No.: 65]84 Address: ] Irvine Row Carlisle, P A ] 70 13 Telephone: 7]7-249-7780 Form RW-02 rev. 10.13.06 Page 2 of2 P10:'.~0:' R~V '/0:' 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. 'a....~. ~~~~ , Local Registrar Fee for this certificate, $6.00 p 13311400 MAR 1 4 2007 Date = = --.l 'I ~:;:'1' :::0 I..D '""D N c.n N It H105443 REV l1flOO6 TYPE J PRINT IN I'EflIWjENT IllACI<lNK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and exemples on reverse) 77 Y~, Jan. 5,1930 Carlisle, PA 1Illl_.. STATE FILE NUMBER 4,0110 01 0Idl_. doy, jOOI) 13 2007 .,_oI_IFirII,_.....ouIIO) Helen A. Valk S,AQt(lMtBirllldoy] lJndIr. - ... Couty 01 0Idl Od.FocIly_IUnot_p_lnIntmbooj 36 Blue Mountain Vista 6,0II00lBirlh _ . lil gj ~ 11.OIc:edenI'IUIuII lIIClIIof ".ConolllPt Kntol_ Kntol_,1ndI.o1Jy Hanemaker Own Elane . .8,_.-.g__I_clIyl_._.z\>_1 36 Blue Mountain Vista Mechanicsburg, PA 17050 16_._1f1nt._.""'_1 Vernon H. Yinger 2OL1__rr"",IPrlnll Suzanne Thaler 21L_oIDi1poo1l1on []:- 0 _from_ 000h0r,~ :-7~ ~(.. ~_23IH:only_CIIlIjlng ~lIno1lV111b1tllll...oI""to collIly_oI-. _04-26_.._by..... who~""'. 12. Was Decedent 1M/' il tht U.8.AtmeclFOI'CIl!I? DYes IXlNo _. Actud ReIIdInct 171. Stale '7b, Cou1ly Ct:mDer1and 0Id_ Llveh. ~? 17.,lXI Yao.__h I?, 0 No.___ AcIuallinlla.. l":;lv",r l'lprinq TWp, 19. Mohr's NIme (FIrat, mIdcIt, maiiIn IimlmeJ Anna Frantz Hocker 2Ob,lnIonronI'.-.g_iSOael,clIyl_._.z\>_1 410 Touchstone Drive, Carlisle, Pa 17015 ClIyI- 22c._"'_oIFocIly 219 N. Hanover St., Pa 17013 230. Oala S9>od _ clay. ,.." 25, DIIo .........- Dead 1_. clay. ,.." March 13, 2007 CAUSE OF DeATH IS. _a and_) Ita'n 27. Part I: Enter lie ~ - dII8IIeI, .,., or ~ -1hII dNcIIy C8J18d.. dIIIh. 00 NOT entIr termhd MnCIluch 81 canIIc amtlt. ~'-"---II-.g""alIcll0.UIIonly""""'lIIoach"'. . ~~=~ a or,..,;' 7k..--r -- h;f.e.wl.J'1-lt;)",))L DuI to (or. I COONql.lIr'lCeof): b. OUIIo(ora.~of): o Y. I2l No 26. Wu Case RIfm8d ~ Examner J Coroner for a Rtlson 0Iher than CrtmIIion or DonItIon? OYao ~ ApprolcinaIt~: PaIt II: Entw other IimlIbnI tlMltIInM tl!IntrhlllM In dMII 28. Dkf Tabecco Uee ContribuIa 10 0eIIh? OraatklOooll btinot_hfloUllllollylrf_lt<tnhPartI.' 0 Yao 0"'- J2fNo 0- 29,U_: '0...__"",_ o _M.",oI_ 0..."..,.....""__...... c/_ O "'_""_43.."kl.,.., ......- o _U__"""",,,,,, ..,==~~--, =iIl-.H8IlI'. 10 ClUllllllldonhL EnIIr I.IfI)ERLYIfQ CAUSE =-~~"'I'mf.' at>> 10 tor"l coneequ.a 01): ., 3Oa, W.lln~ - OYao ~No 3<1>,__""""'" 31,_c/000Il =~~~ J2J...... D- O- 0-...__ 0- 0""*'.....__ 32d. Tme of IrPY :tlg.l..ocationof!rVt(SIteet.c:ly/Iown.......) M, ~ ~ ~ ~ 33a."""'*I_only_1 . :.:::.~-==:=:..":"..."':..t--:-.:=::~~_":'~~~__n _mun _m_ ~ . I'rorIaunc01glnl__I"'-bclh~_lnI_kl......._1 To thtblll: of"" IcnoINdgI. dIIItl occurr.d IIlhttlmt, ..and pIIce, and_ to... CMIIe(I) 8nd mIl'lnII' IIItMIcL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ::: =::.= IhdJot IlMdgatIon.ln m, opinion, cIattl 0CCIIr'Nd It 1M IIrnt, eIIIe. n1.... Ind dua IothltC8llltl(I) 8nd ......1IiIIecL 0 34. Name and Adcnsa of Penon Who I 2 TyI.ef COl!lrt 17015 IJ..I\ lal \ 1(') I l>opcoitionPonnltNo . () I ;:),+03.\ LAST WILL & TESTAMENT OF HELEN A. V ALK HELEN A. VALK, of Silver Spring Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking any and all other wills and codicils heretofore made by me. FIRST. I direct that all my just debts and funeral expenses be paid from my estate as soon after my death as practically and conveniently may be done. SECOND. I direct that my remains be interred within my family's burial plot in accord with my expressed wishes. THIRD. I authorize my personal representative to expend funds from my estate, in such amounts as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. FOURTH. In the event I have not previously given an annuity to the Church of Christ, then I give and bequeath the sum of Five Thousand ($5,000.00) Dollars unto the Church of ~,' Christ, presently located on the Walnut Bottom Road, Carlisle, Cumberland Coun~ Pennsylvania. \:': s:-~ <:;") C~,) ~ id, -: .,:->;;:0 ! ) -':;.---r-.""'. 14'DYl'H. I give and bequeath the sum of Five Thousand ($5,000.00) Dollars.unW_lPY 1..0 sister, Verna A. Fultz, absolutely, if she survives me. .~~-; ,'"j" ~.! " --1 SIXTH. I give and bequeath the sum of One Thousand ($1,000.00) Dollars wm> Suzanne M. Thaler. 1') ()l N ~-- SEVENTH. I give, devise and bequeath all of my estate of whatever nature and wherever situate as follows; 10 % unto my son Richard A. Valk and 90 % to my trustee hereinafter named to hold In Trust for the benefit of Randall L. Valk in accordance with the provisions and conditions as hereinafter setforth: A. The Trustee shall invest and reinvest this Trust Estate and shall distribute the net income (hereinafter called "Income") and principal as follows: (1) During the lifetime of my son, Randall L. Valk, if he survives me, the Trustee shall pay the income monthly to him for his benefit, and may expend in addition such sums from principal as it considers advisable up to ten (10 %) percent per annum, in view of other readily available funds of which it has knowledge, to provide for his welfare and comfortable support. The trustee shall also pay to my son such portions of the principal as he requests in writing, not to exceed in anyone calendar year or a noncumulative basis, two (2%) percent of the aggregate value of the principal as of, December 14, his birthday, PROVIDED that my son shall only be entitled to this amount ifhe is gainfully employed during the year prior to making the request. In the event my son is unable to work because of a medical disability, then this employment requirement will be waived. Upon my son reaching the age of sixty (60) years, there will no longer be an employment requirement attached to this provision and he will be entitled to the above distribution of principal upon request in writing. (2) In the event of the death of my son Randall L. Valk, prior to complete distribution of the Trust, then upon his death, the Trust or remainder thereof shall be distributed to Cameron P. VaIk and Lauren Mackenzie Valk in accord with the provisions of Paragraph 14 of this my Last Will and Testament. (B) No beneficial interest under the Trust, whether in income or principal, shall be subject to anticipation, assignment, pledge, sale or transfer in any manor, nor shall any beneficiary have the power to anticipate, encumber or charge such interest, nor shall such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary. (C) Any income, accrued or undistributed at the termination of any estate or interest, shall be paid by my Trustee as income to the persons entitled to the next successive interest in the same proportions in which they take such interest. EIGHTH. All fiduciaries acting under this Will, whether or not named herein, shall have the following powers in addition to those vested in them by the common law, by statute or by the other provisions hereof, all of which shall be exercised in a fiduciary capacity, primarily in the interests of the beneficiaries, applicable to all property, including property held for minors, whether principal or income, exercisable without court approval and effective until actual distribution of all property. (A) To retain and to hold any securities or other property, real, personal or mixed, received from my estate without regard to any principal of diversification or risk. (B) To invest and reinvest in all forms of property, including stocks, bonds, funds and other securities, whether operated by my Trustees, and affiliate or others, without restriction to investments authorized for Pennsylvania fiduciaries, as they shall deem proper without regard to any principal of diversification or risk. (C) To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property, and to give options for sales, exchanges or leases for such prices and upon such terms and conditions as they shall deem proper.. (0) To hold property in the name of any ofthe Trusts created hereunder, or in the name of my Trustees without designation of any fiduciary capacity, or in the name ofa nominee or unregistered. (E) To allocate receipts and expenSes to pnncipal or income, or partly to each, as they from time to time, in their sole discretion, shall think: proper. (F) To vote in person or by proxy all securities, and to become party to any stockholders' agreement deemed advisable by them in connection with such securities. (G) To borrow money from any person or institution, including my Trustee or an affiliate, upon their bond or promissory note, and to secure the repayment thereof by mortgaging, creating a security interest in, pledging or otherwise encumbering any or all real or personal property as they, in their sole discretion, shall choose without regard to the dispositive provisions of this Will. (H) To make any divisions or distributions required hereunder, wholly or in part, in kind or in cash, and to make non-prorate distributions of assets in kind. (I) To exercise any election or privilege given by the Federal tax and other tax laws, including without limiting the foregoing, the election of the alternate valuation for Federal Estate tax purposes, the election to claim items of deduction for estate tax or for income tax purposes, and to make or not to make equitable adjustments or apportionments for the exercise or nonexercise of any such election or privilege. (1) Should the principal of any of the Trusts created hereunder be or become too small so as to make establishment or continuance thereof inadvisable, my trustee, in its sole discretion, may make immediate distribution of the then remaining balance of the principal and accumulated income of any beneficiary's share to the legally appointed trustee of such beneficiary or may appoint and pay such share to a custodian for such beneficiary under the Uniform Gifts to Minors Act of any state, without further obligation or responsibility for such distribution so paid. Upon such termination, the rights of all persons who might otherwise have a successive interest therein shall cease. (K) To compromise any claim or controversy. NINTH. In the event a beneficiary under this Will or Trust who is otherwise entitled to distribution of a bequest or to income or principal from a trust for health maintenance and support, or both, becomes disabled, as determined in the sole discretion of the executor or trustees, then and thereafter, while such beneficiary is disabled the executrix or trustee shall retain such funds in trust and apply the income and principal of such fund, within their complete and unfettered discretion generally to enhance the like of such beneficiary, but only to the extent not provided for by insurance or by Federal, State Local or any other assistance programs of any nature whatsoever, including Supplemental Security Income benefits under the Federal Income Maintenance Program as then existing. Accordingly, while such beneficiary is disabled, the income and principal of such fund may be used as judged necessary and appropriate as a supplement to but not to supplant, such Federal, State, Local and other assistance and to the extent the income of such bequest or trust is not used, the trustee may accumulate the income and add it to the principal of such fund. Furthermore, while such beneficiary is disabled, any right such beneficiary has to withdraw principal of such trust or receive a distribution of a bequest shall be suspended until such beneficiary is no longer disabled, again as determined in the sole discretion of the executor or trustees. All such determinations and decisions by the executor and trustees shall be final, and the executor and . . trustees shall be indemnified and held harmless from any and all claims resulting from such determinations and decisions. TENTH. I appoint Orrstown bank, of Carlisle, Cumberland County, Pennsylvania, Trustee of the Trust created under Item VII hereof. My Trustee shall be entitled to compensation for the performance of its services hereunder in accordance with its standard schedule of fees in effect from time to time during the period over which its services are rendered. I direct that the situs of said Trusts for administrative and accounting purposes shall be Cumberland County, Pennsylvania, and all questions concerning the validity, construction and administration of said Trust shall be determined under the laws of the Commonwealth of Pennsylvania. ELEVENTH. I have specifically omitted my son, Ted P. Valk: from the provisions of my Last Will and Testament and have limited the share of my son, Richard A Valk:, because both sons are financially stable and will inherit from their father. I love all my sons, any disparity in inheritance merely reflects a difference in need. TWELFfH. I direct that any and all Inheritance, Estate and Transfer taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the principal of my residuary estate. THIRTEENTH. I hereby nominate, constitute and appoint my sister, Verna A Fultz, as Executrix of this my Last Will and Testament. In the event of renunciation, death, resignation or inability to act for any reason whatsoever of Verna A Fultz, I nominate, constitute and appoint my niece, Suzanne M. Thaler, as Executrix of this my Last Will and Testament. I hereby relieve my Executrix from the necessity of posting security in connection with her duties, as such, in any jurisdiction in which she may be called upon to act insofar as I am able by law to do so. In addition to the powers conferred by law, I authorize my Executrix, in her absolute discretion, to retain in the form received, and to sell either at public or private sale any real or personal property owned by me at the time of my death. FOURTEENTH. If any grandchildren of mine shall be beneficiaries of this, my Last Will and Testament, and shall be under the age ofthirty-three (33) at the time of my death, then any portion of my estate in which they share shall be held in trust for them with Ted P. Valk: as Trustee. The trusteeship shall end when the child attains the age of thirty-three (33) years. As Trustee, Ted P. Valk shall provide for the care, maintenance and education of said children and shall from time to time use either principal or income from the inheritance to provide for these needs. FIFTEENTH. I have made, or may from time to time make, a written memorandum expressing my desire to give certain items of personal property to specific persons. I urge my Executor and beneficiaries to respect these wishes. Such a memorandum, if made, shall be stored in conjunction with this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five typewritten pages this 7 day of/} ~~03. ILL /k)tI'J HELEN A. VALl< '" Signed, sealed, published and declared by the above named Testatrix Helen A. Valk as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ~~(Jrk-d~ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, Helen A. Valk, 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. ;i 0/V\ !2{)./~ HELEN A. V ALK NOTARIAL SEAL Cynthia L Darr, Notary Public South Middleton Twp., ~unty of cumberla~ My Commission Expires Aug. 14,200 COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND We, 6i..0t.6~~ 0"". Ha..'\-L.v-nCtv-. and Ka..t~'i t.... lVlu. VVll'\'\.e("t the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Helen A. Valk sign and execute the instrument as her Last Will; that she signed willingly and that she executed 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. Sworn or affirmed to and subscribed before me by 6\...Lsc<- '^ ::J. Ho..1""Ln,Q. '" and ~-t::~ L.. 1VJu.~...,t'ri. , witnesses, this 7,triiay of 1>OLll")0t04I:U'{', 2003. ~J~a-u ~drqIA~~ NOTARIAL SEAL Cynthia L. Darr, Notary Public South Middleton Twp., GOllr:v " "'umberland My Commissio '~"1Il () :=:0 ;~ ~ c.::::')c --.I --,.-, -~ RENUNCIATION :._1, \D -ry - ~ Cumberland REGISTER OF WILLS COUNTY, PENNSYL VANIA N <.n N Estate of Helen A. Valk: ,Deceased . Executrix I, Vema A. Fultz (Print Name) , in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate ofthe Decedent and respectfully request that Letters be issued to Suzanne M. Thaler (Date) 7)--'LA -q~ (L. q- '--A" 7 (Signature) / Do :R'n""jl~ 0'" ---::D I~ Ii eo (Street Address) C Co..\" "1.6 Ie, PA no 1:::3 (City, State, Zip) . Executed in Register's Office Sworn to or affirmx4.and subscribed before me this I~ day of \Y'oJ-c. ""'- , B.OD '( Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day of ~ Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06