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HomeMy WebLinkAbout04-05-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of LILLIAN H. FORNW ALD also known as N/ A File Number a\ \:) '1 0 ~~q , Deceased Social Security Number 177-16-0984 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated December 28, 2004, and codicil(s) dated N/A Co-Executors named in the (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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/ A o B. Grant of Letters of Administration (If applicable, 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 of Will in Section A above and complete list of heirs.) Name Relationship Rd~..... .-2 ~ ~_:'- =- --: J - .' ,. .... r-~....' "'-") C~::J -_J I~ -~_.. ;::-;:) I ('1 (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. c--, ('-', .:'-n -,", ,\"...- "'_..1 Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at CountrY Meadows Retirement Community. 4905 E. Trindle Road. Mechanicsburg. Hamoden Townshio. PA 17050. . ~ C) (List street address, town/city, township, county, state, zip code) co .. " Decedent, then 84 years of age, died on March 31, 2007, Hampden Township. Cumberland County. PA 17050. at Country Meadows Retirement Community, Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania 10,000.00 $ $ $ $ situated as follows: N/ A 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; T ed or rinted name and residence C!- ~.~ David C. Fornwald, 747 State Street, Lemoyne, PA 17043 Paul R. Fomwald, 6095 Sixth Street, Surf City, NC 28445 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF 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. ~tiJYI k/W SS .5" r1 (7 a.uJl f?.-rn ignature of Personal Representative Jl au-l (:" n Sworn to or affirmed and subscribed l nature of Personal Representative Signature of Personal Representative File Number: ;}, \ () 'l 03 ~ 9 l,\\, fu~ \\ ~{(\~d \'\\ \G D~~ , ;t{),) t Social Security Number: Date of Death: , Deceased '-~ \2:>\\C:Sl I \ Estate of AND NOW, \\ ~'( \ 5 having been presented before e, IT IS D~C~ED that Le\1ers . are hereby granted to Y\ \-l){ (\\,00-...\ 0'-- in the above estate \ and that the instrument(s) dated \ d.. \ ~ <6\ 6l\ described in the Petition be admitted to probate and filed of record as th~ last Will (and Co Letters .............. . $ Lts -00 ,~.OO FEES Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ W III .., $ --.JCP ...$ .0.:1..A-:R:> . . . $ .. . $ .. . $ . .. $ .. . $ .. . $ .., $ TOTAL .............. $ Attorney Signature: 1---1 Supreme Court LD. No.: ("-') -=;0 ;':/: -LlJ .----. IS-OO 10 ,c)O 5.oD Attomey Name: -..J ---;... Address: - I '1 .""1 I ( , / - ../ ',- -':C~) it --1 C) C) Telephone: '61.oD Page 2 of2 Form RW-02 rev. 10.13.06 H 105.805 REV 1/05 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. Ihn- /J;~~. Local Registrar Fee for this certificate, $6.00 p 13352822 APR 0 1 2007 Date 84 VIS. 30. 1922 7.~(Cilyand""'or Reading. PA L...:.,' ........ :-~ ~ '~) _~i..J GJ "'Tl REV 11/2006 PRINT IN lANENT ~INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) (j ,5~ <:1 1.Namoal~(F1rst._,Iasl.sulfixl Lillian H. Fornwald 5.!vJa IlJIsI _y) Undor 1 - 6.o.toofBilttl(Monll1. . Bb. County of De81h Cumberland 8d.FadIlyNamoIK"",-'gIw_andlUltlell Country Meadows Retirement OOlher. Spocil\< 10. Race:Americanlndlan. Black, _,fllc. I~ Wh' 1te 12. Was Decedent ever in the U.S. Armed Forces? mOl ONe 00c:ed0n\'S A<Ui -... 17.._ 17b. County PA Cumberland 14. Marital S1atua: MaITiad. _ MaITiad. _. DNon:ocII5paciIyl Widowed Oklllecedant Uveina Township? 17c. ~, Decedent Lived in 17d.O No._llYad_ AduoI Lm1a aI Hamoden Twp. CilyIBoro 19. MoItlar'. Namo (FIrst. _, maIdan_) Elizabeth G. Fasi 2ltl. _.MaIlng-.(-.dlyf_.......ZI>-) 6095 Sixth St.. Surf Cit 21c. Placeofllbposidon (Nama",_._or-placel ate of Heaven Cemetery Myers-Ha~er Funeral Home 21d.locaIIon(Cilyf_.""'.ZI>_) Mechanicsburg. PA 28445 -1.;(l/ld/1/1 I Appro-_: I Onset 10 Death I I I : \ {\o.y !~~ I I I I I I {Y:;fpowa. (5) I~ 28. 0kI Tobc:o Use ContJ1bute to 0ea1h? o Yta OProblbly o No 0 una- 29. K FamaIa: u;!.HtI(' _,- paol yaar o ~at_oIdealh o NoI-"butpllgllllllwllhin42days '" deaIh o NoI-"bol pIIgIlIIlI43 days 10 1 yaar balonodealh O_WpIIgIlIIlI_lhapaslyaar 32c.PlaceolIljuly.Homa.Fll!I1\,-'F~. Oftlca B<*Ing. llIc. (Spsdy) CAUSE OF DEATH (_1_ end ......pIeII) Item V. Pili I: Entllr Iha ~_ _, "iUrlas. or~ -Ihal<h:lly causad Iha _. DO NOT ......__1s such os CIIdac anast. rospiratory...... or__lion_-.glla atioklgy. UalorlyoneCOOOOflaach ilia. =e~d:lriJ~ .. \-\Y~Ox~jVl lA- b \5n~DAJ\ Pc Oue 10 lor 1S._ol): em;ls1cond1l1ons,WInI. to C8l.-1st.t on 1M a. EnIlor UNllEAI.Y1NG CAUSE ~~':..,~ c. Due to (or as a consequence 00: d. OVos :JOb. Wars "'- Ardnga 31. _ aI De8Ih __1o~ ..../ aI Causa 01 De8Ih? ".JI!I NatuaI 0 - 0-' 0 Pendnglnvosllgatlon OSulcldo OCouklNolbe_ OVos ONe 32d. Tmeolln;Jry 300. was an "'- - M. 321. KTrsnaporlation"""ISpocify) o Driwl f Operator 0 Paosengar 0- OIhar.Spocify: 331>. 3211. LocatIon 01 """ ISbaat. cIly f _. .....1 33a.~(_orlyone) . CIrtIfymg ~ (~co1iIying cauee 01 deaIh""'''- ~ has pIOfIClUl'<Od deaIh and campIeled Ilem 23) To tho_a1 my 1InootIdga.-- due 10 Il1o COlIOI(.) and __.-.._ n - -- - -- - - -- - - - - - -- - - -- - - - - -- -- =~="'="=;=~and~=IOIO~=_..IIII8d.._________________ 0 . :::' =..= and f or InvoatIgatIon.In my........ _ _ at tho _. date and pIICt,.nd due to the caull('l and mannsr ISIIII8d.. 0 DisposItion Panni! No. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 2109 Market Street Camp Hill, PA ~ \ C/ I ().3'~ 1 LAST WILL AND TESTAMENT OF LILLIAN H. FORNWALD I, of Mechanicsburg, Cumberland LILLIAN H. FORNWALD, 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 all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. ~:...) . -, "-,--- ~~~..'. SECOND '-'j . , C"j I bequeath certain items of tangible persqn;a~ pJ::;9perty. in -'.'-~; accordance with a written list made by me dur.'irtg my::-lifetime. ':::J Co In the absence of a list or designation on said list, then I direct my Executor hereinafter named to distribute my '::angible personal property among my children as he, in his sole discretion, determines to be appropriate. THIRD I give, devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate in three equal shares to be distributed as follows: 1 JJ //~ A. One said share shall be distributed to Paul R. Fornwald, or his issue, per stirpes. B. One said share shall be distributed to David C. Fornwald, or his issue, per stirpes. C. One said share shall be paid unto the Trustee hereinafter named IN TRUST, nevertheless, for the benefit of my son, Thomas J. Fornwald, and under and subject to the provisions hereinafter stated. 1. My Trustee shall invest and reinvest the principal of the trust and after the payment of all necessary costs and expenses, including the reasonable compensation of the Trustee, shall pay monthly the net income, or the sum of Eight Hundred Dollars ($800.00), whichever is greater, to my son, Thomas J. Fornwald. In making the paYments to my son, my Trustee is directed to take into account all other available sources for his support, including entitlement to federal and state public assistance payments. In the event my Trustee determines that it is not advisable to make the monthly paYments as directed for his support, my Trustee shall have the discretion, but not the duty, to pay the net income only to or for the benefit of my said son's children. Upon the death of my son, Thomas J. Fornwald, or should he predecease me, the Trust shall terminate and the balance then remaining, including principal and undistributed income, shall be divided among his issue, per stirpes. A lTORNEYS' A T'LA W 2109 Market Street Camp Hill, PA 2. If any income or principal of the trust created herein is payable to a person under the age of 21, it shall be retained by my Trustee in a separate trust for that beneficiary and thereafter as much of the income and principal of that trust as my Trustee may from time to time think desirable for the beneficiary either shall be paid to him or her or shall be applied for his or her benefit. SAlOIS SHUFF, FLOWER & LINDSAY 3. Any income not so distributed shall be added to principal. 4. When the minor attains 21 years then remaining principal shall be paid to him 2 of age, or" her, ::t JY c1;, the or, if the beneficiary dies before that time, the then remaining principal shall be paid to his or her estate. FOURTH I authorize my Executor and my Trustee: A. To retain and to invest in all forms of real and personal property, without being confined to investments authorized by a statutory list, without being required to diversify and regardless of any principle of law limiting delegation of investment responsibility by executors or trustees; B. To compromise claims and to abandon any property which, in my Executor 1 s or my Trustee I s opinion, is of little or no value; c. to lease property, To sell at public or private sale, to exchange or for any period of time, any real or personal and to give options for sales or leases; D. To join in any merger, reorganization, voting- trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; E. executor security To borrow from anyone, even if the lender is or trustee hereunder, and to pledge property for repaYffient of the funds borrowed; an as F. To make loans to, and to buy property from, my Executor or administrator; SAlOIS SHUFF, FLOWER & LINDSAY G. To employ and to rely upon advice given by investment counsel, to delegate discretionary authority to make changes in investments to investment counsel, and to pay investment counsel reasonable compensation in addition to any fees otherwise payable to my Executor and my Trustee; ATIORNEYSoAToLAW 2109 Market Street Camp Hill, PA H. To employ a custodian, to hold property unregistered or in the name of a nominee (including the nominee of any institution employed as custodian), and to pay reasonable compensation to the custodian in addition to any fees otherwise payable to my Executor and my Trustee; 1. combined To hold two or fund (allocating 3 more trusts ratably to hereunder as a such ~1ust~. all ~YII '~I SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 2109 Market Street Camp Hill, PA receipts from, and expenses of, the combined fund) for convenience in investment and administration; provided that any combination of trusts for this purpose shall not alter their status as separate trusts; and J. To distribute in cash or in kind. These authorities shall extend to all property at any time held by my Executor or my Trustee and shall continue in full force until the actual distribution of all such property, except as otherwise specifically stated. All powers, authorities, and discretion granted by this will shall be in addition to those granted by law and shall be exercisable without court authorization. FIFTH I direct that Paul R. Fornwald shall be Trustee of any trusts created herein; provided that my son, Paul R. Fornwald shall have the right during the continuance of the trust to select Orrstown Bank or another institution or person as Trustee or Co-Trustee, if, in his sole opinion, it is advisable to do so. SIXTH I do hereby nominate, constitute and appoint my sons, Paul R. Fornwald and David C. Fornwald, to act as Executors of my estate. SEVENTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be 4 Sl!~ SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS' A T'LA W 2109 Market Street Camp Hill, PA required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, LILLIAN H. FORNWALD, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six (6) typewritten pages, the first four (4) of which bear my initials in the margin for identification, this ;(~ day of December, 2004. ~~/ ,~ LILLIAN H. FORNWALD Signed, sealed, published and declared by the above-named LILLIAN H. FORNWALD, Testatrix, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, in the presence of said Testatrix and of each other. ADDRESS ADDRESS c~~ ~~ d~~ 5 SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 2109 Market Street Camp Hill, PA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, LILLIAN H. FORNWALD, and J dlt J1 f < S/'k-o, the Testatrix and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last will and Testament and that she signed willingly and that executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witnesses and that to the best of their knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound mind and under no constraint or und~ue i f~uence. ~/t~ /1 LI LI H. FO ,WALD / itness /~i~S~ // t" Subscribed, sworn to and acknowledged before LILLIAN H. FORNWALD, the Testatrix, and subscribed to or affirmed to before me by the witness , this of i December, 2004. COMMONWEALTH OF PENN~YLVANlA . Notarial Seal Sallie AlJshouse, Notary Pub/' MCacP Hi~1 ':Ioro, Cumberland ~~ty Y ODlmlSSlon Expires Mar. 29, 2008 6