HomeMy WebLinkAbout05-09-07
Estate of
BtA-l'hd~
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF I! tI /1J be' r ~~ COUNTY, PENNSYL V ANlA
F;!e Number O2/./;):}oJ - 457
/9F 3~ ~g/9
F /{e/ Cv
r
also kno"",TI as
, Deceased
Social Security Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
JX1 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the . ~ -rXr'C-1.J f" ~
last Will ofthe Decedent dated O"Z-... ~ /- 1"9~ and codicil(s) dated J:;2. .. Z S ~ zaD "'1:
named in the
(Stare relevant circumstances, e.g., renunciation, death of executor. ete.) S; Q ~
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution Ofth~_?~e~ offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~_: ~T; '""'~
D B. Grant of Letters of Administration
_ J -"
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(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite: durante absentia; durantifJ'1inoritate):':':
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Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following:spouse (if any1.iIDd heirs~ (If
Adminislration, C.I.a. or d.b.n.C_I.a., enter dale of Will in Section A above and complele list of heirs.) lD
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in
~~ 2" ~ RJ.-1~S "1)
(List street address, town/city, lOWllShip, county, state, zi c:
Decedent at death owned property with estimated values as follows:
~ AAI -"'()A, ~
(If domiciled in P A) All personal property $ -d VC/_ G/ (J
(Ifnot domiciled in PA) Personal propelty in Pennsylvania $
([f not domiciled in P A) Personal property in County $
Value of rea! estate in Pennsylvania $
s;tuated as follows: ..-J.. V'- -1't t"'-"L AL~~-c t!.-4/H J.~ ~.L bU4
~ ,,~
Wherefore, Petitioner(s) respectfully reql.les1(sl the probate ofthe last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Si nature T ' ed or rinted name and residence
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Form RW-02 rev. /0.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEAL TH OF PENNSYLVANIA
ss
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COUNTY OF C U """ per- ta .IV d-
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The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are trueatidC~orrectto the best of'
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. - --....,
the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s)'Wjll well ~ truly
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administer the estate according to law.
Sworn to or affirmed and subscribed
before me the qo/t
~~
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Signature of Personal Representative
~/ r d66~" '157
Estate of 1St:- '" /)!If"A.. r A ~ / /-' 7
Social Security Number: / q S .36" 31 q Date of Death:
File Number:
, Deceased
Ob-CJ3 -0 '7
AND NOW, '111O-J;j q , ~(j1 , in consideration ofthe foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters ;.e
are hereby granted to .,. 12. 'tAl
in the above estate
~to~
Letters ............... $ .
Short Certificate(s) . . . . . . . . $:==g.CJ. cO
Renunciation(s) .......... $
... $
... $
.., $
.., $
... $
... $
... $
... $
... $
TOTAL......... $ ~95.:-
FEES
Attorney Signature:
and that the instrument( s) dated 02. - I? / - /t:; -J eJ
described in the Petition be admitted to probate and filed ofrec rd as th
Address:
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Attorney Name:
Supreme COUlt I.D. No.:
Telephone:
Form RW-02 rev. 10.13.06
Page 2 of2
.'
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
. ...~~.
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Fee for 'this c~rtificate. $6.00
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This is to certify that the information here giver
correctly copied from an original Certificate of De
duly filed with me as Local Registrar. The origi
certificate will be forwarded to the State V
Records Office for permanent filing.
~~~J1 ~L6 /0'.
Local Reg~ Date Issued
"P'13610999
Certification Number
C?
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~105.143 REV 1112006
TYPE I PRINT IN
PERMANENT
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Kinf"'-
HomemaKer ______
. 11. OIcIdInl's "'*'" AdIhu (9nII. c:iIy 1-. _. lip c:odIl
5225'Wilson Lane, Apt. 4111
M~hanicsburg, PA 17055
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
(See In.tructlon. and example. on rever..)
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.,5 NJe (Y51 BilJ*f1
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Samuel Wilson Fleming
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Sarah Hastin s
2011. Ir1laInwIrslillllng AddI.- (...... cIy ,-. _.Iip c:odIl
916 McCormick Road, Mechanicsburg, PA 17055
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2Oa. InIorrnonl's Nome (T~ , Pm)
Louise R. Kunkel
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Shalonis FH, 206 Maple Ave., Marysville, PA 17053
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00Ip0sI00n PtmllI No
I, BARBARA FLEMING RElL Y, of Dauphin Countyt PennaylvaIJia,
declare this to be my Will and revoke all prior Wills and Codicils.
FIRST:
TAn~ble Personal PrQperty.
I give all tangible personal property owned by me at my death, and
all insurance policies on said property, to my husbandt GEORGE WOLF REIL Yt
III, if he survives me by thirty days; if not, in as nearly equal shares as is
practicable to such of my children as survive me by thirty days.
SECOND:
Residue.
I give the residue of my estate to whoever is Trustee of a certain
Agreement of Trust signed by me on April 7, 1975, to be held and distributed
under the terms of said Agreement and all valid amendments thereto.
THIRD:
Spendthrift Provision.
Until distributed, no gift or beneficial interest shall be subject to
anticipation or to voluntary or involuntary alienation.
FOURTH:
Death Taxes.
(a) All death taxes (and interest and penalties
thereon) imposed as a result of my death upon any property passing under my
Will or the said Agreement of Trust and upon proceeds of insurance on my lifet
but not otherwise, shall be paid out of my residuary estate if IUfticient and to
the extent that my residuary estate is insufficient such taxes shall be paid out of
the principal held under said Agreement of Trust as provided therein.
(b) I authorize my Executor to electt in whole
or in part in my Executor's sole discretion, to treat as qualified terminable
~')
--interest property for the purposes of qualifying for the marital deduction any
,.
...; pro~ertY passing under my Will, said Agreement of Trust or otherwise in which
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my said husband has a qualifying income interest for life. My Executor shall, be
without liability to anyone for making or failing to make such election.
(c) I authorize my Executor to elect, in whole of
in part in my Executor's sole discretion (i) to allocate my GST Exemption (as
defined in section 2631 of the Internal Revenue Code) to any property and (ii) to
elect out of any deemed election of any GST Exemption with respect to any
lifetime direct skips pursuant to section 2632(b)(3) of the Internal Revenue Code.
FIFTH:
Admini-trative Powers.
My Executor shall have the following powers in addition to those
conferred by law until all property is distributed:
(a) To retain any real or personal property
(including stock of the cOrPOrate Executor or of a company controlling it) in the
form in which it is received.
(b) To sell at public or private sale for cash
and/or credit, to exchange, and to lease for any period of time, any real and
personal property and to give options for such sales, exchanges or leases.
(c) To purchase all forms of property, including
but not limited to stocks, bonds, notes and other securities (including stoek. of
the corporate Executor or of a company controlling it), common trust funds and
real estate, or any variety of real or personal property, without being confined to
so-called legal investments and without regard for the principle of
diversification.
(d) To purchase securities at a premium or
discount and to charge such premium or credit such discount to principal or
income.
(e) To exercise any option arising from the
ownership of any investment; to join in any recapitalization, merger,
reorganization, liquidation, dissolution, consolidation or voting trust plan affecting
any investment; to delegate powers with respect thereto; to deposit securities
under agreements and pay assessments; to subscribe for stock and bond privileges;
and generally to exercise all rights of security holders.
name of a nominee.
(f) To hold property unregistered or in the
f)ryW-
2
(g) To mortgage, divide, alter, repair and
improve real property and generally to exercise all rights of real estate
ownership.
(h) To distribute in cash, in kind, or partly in
each, and to cause any share to be composed of cash, property, or undivided
fractional shares in property different in kind from any other share.
(i) To sell real and personal property to the
Trustee of the Agreement of Trust referred to in Paragraph SECOND and to
borrow from such Trustee upon terms and conditions deemed advisable, even if an
Executor hereunder is also a Trustee of said Trust.
(j) To compromise claims by or against my
estate, including but not limited to tax issues and disputes, without order of court
or consent of any legatee.
(k) To borrow money and to pledge any real or
personal property as security for the repayment thereof.
(1) To join with my said wife or her personal
representative in filing any joint income tax retum, and to join in any Iifta made
by her for gift tax purposes even if this may result in additional liabilities for my
estate. Any income or gift taxes due on IUch returns and any deficiencies,
interest, penalties or refunds thereon shall be allocated between my estate and my
said wife or her estate, or all to any of them, in such manner as my Executor
and my said wife or her personal representative may agree.
(m) To apply expenses of my estate permitted as
income tax or estate tax deductions and to value my estate for estate tax
purposes by any method permitted, without regard to the effect of such
application or valuation upon the size of the estate tax marital deduction and
without adjusting between income and principal for any effect thereon.
SIXTH:
Defin;tions.
(a) The word "Executor" when used herein shall
include all genders and the singular and plural as the context may require.
(b) Paragraph headings of this Will are for
reference only and shall not affect the meaning, construction or effect of this
Will.
S~NTH: Executor.
I appoint my husband, GEORGE WOLF REILY, ill, and THE
COMMONWEALTH NATIONAL BANK, Executors. If my said husband fails to
3
'6 f -~v_
qualify or ceases to act for any reason, I appoint such child of mine as. is
nominated in writing by a majority of my then living sui juris children to serve
as co-Executor in his place. My Executors shall not be required to post security
in any jurisdiction. My cOrPOrate Executor shall receive compensation for its
services hereunder in accordance with its Schedule of Fees in effect from time to
time during the period in which its services are performed. My individual
Executor shall serve without compensation.
Executed F~ 111- , 191~ . ~
5~rb~ f'~~!:{SEAL) \
Barbara Fleming Reily
SIGNED by BARBARA FLEMING REILY as her Will, in our
presence, who at her request, in her presence and in the presence of each other
have signed as witnesses:
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Address ~ ,;{
Address Loys.v, ({ ~, f", .
4
ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of LJIlt1/J1I11V
I, BARBARA FLEMING REILY, testatrix, whose name is siped to
the attached or foregoing instrument, having been duly qualified according to law,
do hereby aclmowledge that I signed and executed the instrument as my last Will
and Testament; and that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
~<M~ t=\~~ ~~
Barbara Fleming Reily )
Sworn or affirmed to and acknowledged before me, by BARBARA
FLEMING REILY, the testatrix, this I~ day of~, 1910
rial Seal
Kimberly K y Perez. Notary Public
Harrisburg, Dauphin County
My Commission Expires Aug. 3, 1991
Member, Pennsylvania Association of Notaries
AFFIDAVIT
Commonwealth of Pennsylvania
County of /JI1fJ}J)/N
\tVr
7' day of
We, the undersigned, the witnesses whose names are siped to the
attached or foregoing instrument, being duly qualified according to law, do depose
and say that we were present and saw testatrix sign and execute the instrument
as her last Will and Testament; that she signed willingly and that she executed it
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 said Will as witnesses; and
that to the best of our knowledge the testatrix was at that time 18 or more years
of age, of Bound mind and under no constraint or undue influence.
~/1~~f 0;t;,~
Swom or affirmed to and subscribed to before me, by {lwIS i.M, ~~.
f7j~ and 71/1lot/lyJJ.A/ldasoN ,witnesses, this ".
r-" p___r I ,19<1tJ
Notarial Seal
Kimberly Kelly Perez. Notary Public
Harrisburg. Dauphin County
My Commission Expires Aug. 3,1991
Member, Pennsylvania Association of Notaries
AFFIDAVIT
Commonwealth of Pennsylvania
County of ,[j1l1L1 II / 11/
I, the undersigned, a witness whose name is signed to the attached
or foregoing instrument, being duly qualified according to law, do depose and say
that I was 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 my knowledge the testatrix was at the time 18 or more years of age,
of sound mind and under no constraint or undue influence.
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r
Sworn or aftirmed to and subscribed before me by le tU/5 .s.Kud.J, 1e.
, witness, this I?/- day of6~, 19ft-' .
Notarial Seal
Kimberly Kelly Perez, ~otary Public
Harrisburg, Dauphin County
My Commission Expires Aug. 3, 1991
Member, Pennsylvania Association 01 Notaries
ATTORNEY CERTIFICATION
Commonwealth of Pennsylvania
County of 1111t11)/IN
On this, the . /;J:- day of F~ , .' 191< before
me, the undersigned officer, personally appeared 1-&.11') .5" KL-LIV 1e-e:F2.. ,
known to me or satisfactorily proven to be a member of the bar of the highest
court of Pennsylvania and certified that helshe was personally present when the
foregoing aeknowledgment and affidavit were signed by the testatrix and
witnesses.
IN WITNESS HEREOF, I hereunto set my hand and official seal.
iniLJ~~~lI~--
Notarial Seal
Kimberly Keliy Perez, Notary Public
Harrisburg, Dauphin CountypMy Commission Expires Aug. 3, 1991
Member, Pennsylvania Association of Notaries
FIRST CODICIL
I, BARBARA FLEMING REILY, of Dauphin County, Pennsylvania, do hereby
make this as and for a First Codicil to my Last Will and Testament dated February 1, 1990.
FIRST: I direct that paragraph SEVENTH of my said Will be deleted and given
no effect and instead that the following shall be inserted as paragraph SEVENTH:
SEVENTH: Executor.
I appoint my daughter, LOUISE REIL Y KUNKEL, and MELLON
BANK, Executors. If my said daughter fails to qualify or ceases to
act for any reason, I appoint such child of mine as is nominated in
writing by a majority of my then living sui juris children to serve
as co-Executor in her place. My Executors shall not be required to
post security in any jurisdiction. My corporate Executor shall
receive compensation for its services hereunder in accordance with
its Schedule of Fees in effect from time to time during the period
in which its services are performed. My individual Executor shall
serve without compensation.
i;~)
In all other respects, I hereby ratify and confirm the remainder of my said Will.
Executed 1J.(2~ tu ZS-,2003.
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~ '\hClJ'" "let.. ;I.t~-e l"hrEAL)
Barbara Fleming Rei y
SIGNED by BARBARA FLEMING REILY as her First Codicil, in our presence,
who at her request, in her presence and in the presence of each other have signed as witnesses.
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Address
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1U~1~4\tUA PA-
I '
Address
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF D ItU(JJ..I I iJ
I, BARBARA FLEMING REa Y, 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 First Codicil to my Last Will and Testament
dated February 1, 1990; and that I signed it willingly; and that I signed it as my free and
voluntary act for the purpose therein expressed.
B~~n~~~~~~ ~. ~
On this, the J nc/ day of 1 Qfl u~ ' 200t before me, a Notary
Public, personally appeared LEWIS S. KUNKEL, JR., k own to me (or satIsfactorIly proven) to
be a member of the bar of the highest court of said state and a subscribing witness to the within
instrument and certified that he was personally present when BARBARA FLEMING REa Y,
whose name is subscribed to the within instrument executed the same, and that said person
acknowledged that she executed the same for the purpose therein contained.
~dft'4nr ~>
No ary Public
COMMONWEALTH OF PENNSYLVANIA
NotarIal Seal
KImbef1y Kelly Perez, Notary Public
CIty Of HarrisbUrg, Dauphin Coun!Y
My Ccmmiseion Expires Aug. 3, 2007
Member, PennI)MnIe A8IocI8Ion OtNollrlll
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DA-U.P~ltU
I, the undersigned, a witness whose name is signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and say that I was present and saw
the testatrix sign and execute the instrument as her First Codicil to her Last Will and Testament
dated February 1, 1990; that she signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed; that I, in the hearing and sight of the testatrix,
signed the said First Codicil as a witness; and that to the best of my knowledge the testatrix was
at that time 18 or more years of age, of sound mind and under no constraint or undue influence.
~~lA~lJ
Louise Reily Kunkr
On this, the J II J day of 1afl UQr!J. ,2001 before me, a Notary
Public, personally appeared LEWIS S. KUNKEL, JR., khown to me (or sattsfactonly proven) to
be a member of the bar of the highest court of said state and a subscribing witness to the within
instrument and certified that he was personally present when Louise Reily Kunkel, whose name
is subscribed to the within instrument executed the same, and that said person acknowledged that
she executed the same for the purpose therein contained.
~bJ)~fd v4liy 0~
No ary PublIc {
COMMONWEALTH OF PENNSYLVANIA
Notarial SeeI
Kmbel1y Kelly Pel9Z, Notary Public
CIty Of Harrisbur~~ Dauphin Coun!Y
My CcmnI8sIOn Exptres Aug. 3. 'J:007
MImbIr. Pel. .)fv8nII AI8aCIatIan Of NaIIdII
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF DAUP~ IN
I, the undersigned, a witness whose name is signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and say that I was present and saw
the testatrix sign and execute the instrument as her First Codicil to her Last Will and Testament
dated February 1, 1990; that she signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed; that I in the hearing and sight of the testatrix
signed the said First Codicil as a witness; and that to the best of my knowledge the testatrix was
at that time 18 or more years of age, of sound mind and under no constraint or undue influence.
/o/~f
Lewis S. Kunkel, Jr.
Sworn or affirmed to and subscribed to before me, by Lewis S. Kunkel, Jr., a
witness, this J tld day of Jt1f\ U1l (y , 200j.~
~fK~gA!r ~ ~Mv
Nary Public 0
COMMONWEALTH OF PENNSYLVANIA
Notarial SeeI
Kimberl\! Kelly Perez, Notary Public
City Of i-ianjsoufQ. Dauphin Coun!Y
My Commission Expires Aug. 3,2JX11
Member. Penns~ Assodalion Of NoeIItII