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Home My WebLink About06-01-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF ~ urn b er \0 "d s_.r If:j~'>7'17''- tleN~ alSQkJlQwnas _ COUNTY, PEI\TNSYL VANIA File Number :J. I -o7-!)\. L) 3R' . Deceased. &>cial Seqnity Number I '1<8 - / AI ... 01/3 (.. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ;("A. ,..."'" ...lG.... of...... T~"""" ........... '_,j ;,; I..."",t;"l !l C ... ."L4:{r'lI'l~ last Will of the Decedent dated ~! ~ 4'<( and codicil(s) dated named in the (State relevant circumstmlces, e.g., renunciation, death of executor, etc) Except as follows, Decedent did not many, was not divorced, and did not have a child born or adopted after execution ,,~fJhe instnune~) offered for probate, was not the victim of a killing and was never adjudicated an incapacitate<! peISOn: :=; (:) -- I (~._ c- o B. Grant of Letten of AdministratIon ~--~- C I (Tf applicable, enter: c.La.; d.b.n.c.t.a.; pendente lite; durante ab.ventia: durg1ltll"'~tate) __ Petitioner(s) after a proper search has / have asc.ertained that Decedent left no Will and was smvived by the following SPO~l~ any)!JI!i heirs: (If Administration, c.t.a. or d.b.n.c.t.Q., enter date of Will in Section A above and complete list of heirs.) .'- Name ~_..,..., r..,) I Remtions~ Residence (COldPLETE IN ALL C4SES:) A1tI1cIl tUIditiontll s1Icets ifn=smy. Decedent, then ~ .<' years of age, died on ~ ~ aDO -, at~ ecMi\\<!..S ~ lJr~ )~ft Decedent at death owned property with estimated values as fonows: (If domiciled in PAl All personal property (If not domiciled in P A) Personal property in Pennsylvania (If llOt domiciled in P A) PefSQna!. property in C.ounty Value of real estate in Pennsylvania $ , DC) $ ----. $ $ - situated as follows: Whl.Te.fore, Pt'litione.r( s) n'5pe('.tfl1lJy reque:st(s) ~ probate of the last Will and Codi!:il( s) ~tN with this Pr-titionand 1M grmlt of Letter5 in the appropriate fonn to the undersigned: FutmRW..o2 t't!I1.1O.13.06 Page lof2 Oath- of Personal Representative COMMONWEALTH OF PENNSYLVANIA - SS COUNTYOF QirYllYflarvL; 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 'of- f... .... Signature QjPe~a/ Representative Sig/Jalure ofPerMJ/Jal Repre$e"Jatiw C) (~~8 "-::~~f --' ..... . ~_.-, and that the instrument(s) dated ~J).D e ~ described in the Petition be admitted to probate and filed ofreco --r'1 i') ..r:-~ in the above estate FEES Letters - -.- - - - - - -...... $12 .CO ShortC~rtdicate(s)........ $_-00 lenCi u-on(s) ..... - . ." . $ ~ _ $-15.~ ~ . .. S ~~. iLrr'aJ lW1... $ .ct) ...$ . .. $ . -. $ . .. $ .. . $ ...$ TOTAL _............. $ Attorney Signature: Attorney Name: Supreme Court T. D. No.: '1 Address: Telephone: /p~~ Form RW-fll rev. If/.HM Page 2 of2 u'0,.,n'~_C:V'!0, - r..2/-C7 - (JS3[l This is to certify that the information here given is correctly copied from an original certificate of death duly filed wiih 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. Fee for this certificate, $6.00 p 13355242 No. thn-. /11) ~~ Loc~l Registrar MAY Z Z Z007 Date Q (~-=~. -.. -" r',) , REV 1112006 , PRINT IN MNENT CK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER 3. ~ Secutlly Nunber 178 - 14 - 2136 20 7. BIrthplace (C' and stitt Of 88. Place of Death (Check on one) HoIpiOaI: Other: o Inpalient 0 ER 100000tient 0 DOA 0 Nursing Home IKJ ReOdence 9. Was Decedent of Hispanic Origin? IiCJ No 0 Yes III yes, .podly Cuben, 1400 Bent Creek Blvd.. Apt. 230 Mo,i<an. Puerto Rican,elc.) 85 8b. County 01 Death Cumberland Twp. 11. Decedents Usual Klnd~W"'" 12. Was Decedent ever in the U.S. Armed Forces? OYes lJllNo Oec:edtnl's Actual ResIdence 178. Slat. 13. Decedents E_ISpedly only highest grade completed} EIemen1ary '_ry 10-12) eonego 11-< Of 5+) 12 Pennsylvania Cumberland 17b. CoutlIy 2007 OOlher . Spedly: 10. Rac:e:Arnerican Indian,Blacll,While, Blc. I SpodfyI white 14. Marital Status: Manled, Never Married, Widowed, Olvorced ISpeci/)l widowed ();d Decedenl UYe~e Townshlp? Silver Spring 17c. ~ Yes, Decedenl lived in 17d, 0 No, Dec:edenl Uved...... """"'Urrils~ T.". City I Boro 19. Mother'. Nome IF.... m~. meiden """""") Wavia Eleanor Bau hman 2ltl, Inlonnanr. MeIllngAddnlssI9ree\ cIly ,_. .late. z~_1 1400 Bent Creek Blvd., Apt. 21c. Place of DIsposiIion (Name of cemetefy, Cf'8ll\Itory or other place) Clawson E. Kring 21a, _ ~ lJt>posIllon . rnC/OmallOn 0 Donelion 2lb. Dale ~ IlispoIlllon (Month. <ley, year) o IlullaI 0 Remowllrom Slale I Woo ClomItlon Of - Authottzod 0 o O\tler. Specify: by Medk:aI Exemtnor I ConIner? Yes 0 No ~ 221. SIg (or person actng as such) . .. Complete 38.. only when C8fllfying physician is not avalable II tine of death to cerVfy cause of death. Items 24-26 ""'" be completed by person . who pronounces lieath. 230. Mechanicsburg, PA 17050 21d. Location ICityl_, stale, z~_) Scheafferstown, PA 17088 Evans Crematory 26. Was Case Reterred 10 Medical Examiner I Coroner for a Reason Other than Cremation or Donation? o Vee ttl No Approximate Interval: Part II: Enter other slanillcanl condIIionG oontributino 10 death, 28. Old Tobacco Use Contribute to Death? Onsello Dealtl but not resulting In the IRlde<Iyin9 cause given ~ PaJ11 0 Ves 0 Probebly o No 0 Unknown 29.Jl Female: o Nolpregnamwithinpaslyear o Pregnanl at lime 01 death o Not pregnanl, but pregnanl_ 42 <leys 01 death o Not pregnanl, but pregnant 43 days to 1 year befotedeath o Unknown If pregnant within !he pas! year 32c. Place 01 Injury: Home, Farm, Street, FactOlY, OffICe Buiding, etc. (Specify) 24. Time or Death ~~~i=\~ . ~ ~gl"tf\ Due 10 orasa b (- Dueto(OfeSeCOl1S8!l T f-( . Due 10 (or as a consequence of) _<)r:,V FR.. r-::. ~DsIconclMions,nany. =UNDE~~rlJS'a. ~~~1n~~ d, 308. Was an Atlopsy P8ffom1ed? JOb. Were Autopsy Frndings Avalable Prior to Completion 01 Cause of Death? OVes ONo 31. Manner of Death IZI Naturel 0 Hom_ O AccIdenI 0 Pendng In~lion o SuiOde 0 Could Not be Delerminad M. 32d. l1me ~ InJury OYes [lI;] No 330. Ce<1lfler (check only one) ~::rJ:~=nd~:=:~ ~o;::~:=r:r~~_ ~~h_~~ ~e:' ~~ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ D . ~",:,: =~:-.:...~~ ::~~dee~~.:'::~t~:.~~":t manneru otaIId.. _ _ _ _ __ _ _ __ __ _ _ _ _ _ 0 ~::~.~~~= and I or InvestlgeUon, In my opinton, de8th occurrttd at the time. dete, Ind ~, ,nd due to the caun(l) and manner I. ltated_ D 1.41 /1~1/ V Disposition Permit No. 011&90;', Inc., P.O. Box 431, New Cumberland,PA 17070 23b. Ucense Number 230, Date Signed IMonth, day. year) 320. Location of Injury (Street, city I town, stale) IDast mill anD ill.estam.ent of EMILY JEANNE HENRY I' ~. BE IT REMEMBERED, that I, EMILY JEANNE HENRY of 657 Revere Cir~le, Lewisberry, Pennsylvania 17339, being of sound mind, memory and understanding, do make, publish and declare this as and for my Last will and Testament, hereby revoking and making null and void any and all Wills and Testaments and writings in the nature thereof by me, at anytime heretofore made. ITEM 1. BURIAL INSTRUCTIONS: I direct that no autopsy be performed on my body. I further direct that I be cremated by a reputable firm and that my ashes be placed next to my husband, BOYD M. HENRY, at the Grandview Cemetery, Johnstown, Pa. I last direct that prayers be said for me. ITEM 2. DEBTS AND FUNERAL EXPENSES: I direct that all my just debts and funeral expenses be paid as soon after my demise as may be convenient. ITEM 3. TANGIBLE PERSONAL PROPERTY: I give and bequeath all tangible personal property owned by me at my death and all insurance policies on such property as follows: a. To those individuals who survive me and who are designated on a list or memorandum signed by me which refers to this Will or is found with a copy thereof, I give and bequeath the items listed beside their names. b. The balance (including any items under subparagraph (a) above the bequest of which has lapsed) shall be included in my residuary estate, and shall by distribution by my hereafter named Personal Representative to the beneficiaries thereof as herein provided. My Personal Representative shall have the WITNESS: (SEAL) 1 right to dispose of said remaining items of personalty to become part of my residuary estate, either in kind or in cash as a result of liquidation thereof as my Personal Representative, in my Personal Representative's sole discretion, deems appropriate under the circumstances. It is my intent, however, that should any beneficiary of my residuary estate desire to receive a particular item in kind which was not specifically bequeathed to that beneficiary, to the extent reasonably possible, my Personal Representative shall attempt, but not be obligated, to follow that beneficiary's request. c. If any beneficiary of any item of tangible personal property aforesaid has not yet attained the age of 18 at the time of my death, I order and direct that my Personal Representative, hereinafter named, to hold said items in safekeeping for that beneficiary and to deliver the same to that beneficiary upon he or she reaching age 18. For these purposes my Personal Representative shall be entitled to use or set aside from my estate sufficient funds to provide for that safekeeping. ITEM 4. SPECIAL BEQUEST: I give and bequeath my two New York Life Insurance Annuity Corporation annuity policies, designated as Policy No. 58089722 and Policy No. 58089368, or the proceeds to be payable thereunder, unto my Co-Trustees, FRANCES KRING and FREDERICK C. RAFFETTO, (hereafter appointed and referred to as "Trustee"), to be held for the benefit of my grandchildren, JOSHUA A. PIRO and JUSTIN S. PIRO, IN TWO SEPARATE AND EQUAL TRUSTS, under and subject to the following terms and conditions: a. Trustee may accumulate the income from each beneficiary's trust or so much thereof from time to time as they considers advisable; and Trustee may expend and apply so much of the net income including accumulated income and so much of the principal of that share as Trustee may consider necessary for the support, maintenance, medical and dental expenses and education of that beneficiary, including college education, both graduate and undergraduate, or post-secondary vocational or technical training, in accordance with that beneficiary's talents, abilities and needs; and Trustee may pay all expenses which it deems necessary and desirable in connection therewith, including, by way of illustration, room and board, clothing, travel expenses, tuition, books and supplies, and reasonable sums for personal and living expenses. The amount to be paid WITNESS: t 2 for the benefit of that beneficiary shall be determined from time to time based on that beneficiary's needs, considering that beneficiary's other income and assets, including any income payable for the benefit of that beneficiary from other sources as other trusts or social security or other governmental benefits, with the further direction that the funds shall be liberally disbursed. The said paYments may be made as my Trustee deems appropriate directly to that beneficiary if that beneficiary is, in the sole opinion of my Trustee, of an age and ability to handle the funds so paid; or directly to the person having custody and care of that beneficiary; or directly to any institution entitled to such paYment by reason of services rendered or to be rendered to that beneficiary: b. The Trustee stated above other powers for the purposes of carrying out my intentions shall have the following powers, in addition to all granted by law or other provisions of this Will: 1. To retain any property, real, personal or mixed, and to manage the same for the benefit of this Trust; 2. To sell at public or private period of time, any real or prices and upon such terms appropriate; sale, or to lease for any personal property for such and conditions as may be 3. To compromise any claim or controversy and to abandon any property which is of inconsequential value; 4. To make distribution to my herein-named beneficiaries, on their behalf, in cash or in kind; and 5. To carryon any business owned or controlled by me at my death, for whatever period of time is deemed proper, and to do all things necessary and appropriate to manage, supervise and operate the business and to close out, liquidate or sell the business at such time and upon such terms as are deemed proper. c. Trustee shall invest all trust funds received by my Trustee including, but not limited to, income received from the retention of property in kind and cash received from the liquidation and sale of property, in any minimal risk investments including, but not limited to: checking accounts, savings accounts, money market accounts, certificates of deposit, mutual fund accounts or other minimal risk investments, or any combination thereof. Distribution from the Trust shall be made solely for the benefit of the beneficiary of the Trust in accordance with my instructions set forth in subparagraph (a); provided, however, that my Trustee shall be entitled to pay WITNESS: 3 for any taxes, professional services or other fees arising out of the administration of the Trust and shall be entitled to periodic, reasonable compensation for services rendered hereunder, which may be equitably apportioned between principal and income. d. Any and all paYment or paYments of any sum or sums, whether in cash or in kind or whether for principal or income, payable to the beneficiary, shall be made upon the sole receipt of the respective individual to whom the paYment is made, free from anticipation, alienation, assignment, attachment, and pledge, free from control by the creditors of any such beneficiary and shall not be subject to any execution or attachment. e. When each beneficiary reaches age thirty (30), the then remaining assets, principal and any accumulated or undistributed income of that beneficiary's Trust shall be distributed to that beneficiary, absolutely. f. In the event a beneficiary hereunder dies before reaching age thirty (30) the remaining principal and any accumulated income of his Trust shall be distributed at his or her death to the other beneficiary set forth in this item, or in the event the other beneficiary is not then living, that share shall be distributed to my then living residuary beneficiaries set forth in Item as set forth 5 or in the event of lapse, Item 6 herein, in the proportions provided for therein. g. Should the principal of the Trust herein provided for be or become too small in the Trustee I s discretion so as to make establishment or continuance of the trust inadvisable, my Trustee or Personal Representative may make immediate distribution of the then-remaining assets, principal and any accumulated or undistributed income outright to the Guardian of the Person of any minor beneficiary herein appointed or to the person or persons and in the proportions they are entitled. ITEM 5. RESIDUARY ESTATE: All the rest, residue and remainder of my Estate of whatsoever nature and wheresoever situate, whether it be real, personal or mixed, including any insurance policies therefor, property over which I have power of appointment, and proceeds from any insurance policies payable to my estate, I give, devise and bequeath to my children, FRANCES KRING, HENRY M. BOYD, JR. And PATRICIA J. PIRO, in equal shares per capita. WITNESS: ( 4 ITEM 6. ALTERNATE RESIDUARY ESTATE: In the event all of my children, FRANCES KRING, BOYD M. HENRY, JR. And PATRICIA J. PIRO, have failed to survive me, I then give, devise and bequeath my entire residuary estate to the issue of my children, FRANCES KRING, BOYD M. HENRY, JR. and PATRICIA J. PIRO, in equal shares, per capita. ITEM 7. APPOINTMENT OF TRUSTEE: I appoint FRANCES KRING and FREDERICK C. RAFFETTO, or the survivor of them, as Trustee of any Trust created by this my Last Will and Testament. ITEM 8. APPOINTMENT OF GUARDIAN OF PROPERTY: I appoint FRANCES KRING and FREDERICK C. RAFFETTO as Guardian over any property which passes either under this Will or otherwise to any beneficiary who is then a minor. ITEM 9. APPOINTMENT OF PERSONAL REPRESENTATIVE: I appoint FRANCES KRING as my Personal Representative of this my Last Will and Testament. Should FRANCES KRING predecease me, fail to qualify, cease to act or renounce probate, I then appoint BOYD M. HENRY, JR. as Alternate Personal Representative of this my Last Will and Testament. ITEM 10. PAYMENT OF TAXES: I direct my Personal Representative to pay all inheritance, estate, succession and legacy taxes of whatsoever nature and kind, to which my Estate or the transfer of any property passing hereunder or otherwise passing by reason of my demise, may be subject and to charge such taxes WITNESS: I~ 5 against my residuary estate, it being my intention that none of the aforesaid taxes, either federal or state, or any property required to be included in my gross estate, under the provisions of any state or federal law now in force or hereafter enacted, shall be prorated among the persons interest in my Estate to whom such property is or may be transferred to whom any benefit accrues. ITEM 11. POWERS OF PERSONAL REPRESENTATIVE: In addition to the powers conferred by law, I authorize my Personal Representative in my Personal Representative's absolute discretion: a. To retain in the form receive, and to sell either at public or private sale any real or personal property; b. To manage real estate; c. To invest confined principle and reinvest in all forms of property without being to legal investments, and without regard to the of diversification; d. To exercise any option or rights arising from ownership of investments; e. To compromise claims without court approval and without the consent of any beneficiary; f. To disclaim any interest in property; g. To claim an elective share of the estate of any deceased spouse; h. To join with any spouse I may have upon my death in the filing of any federal income tax return for any year for which I have not filed such return prior to my death, and to consent to the treatment of any gifts made by my spouse as being made one-half by me for gift tax purposes notwithstanding the fact that such action may result in additional liabilities for my estate. Any income or gift taxes due on such returns and any deficiencies, interest, penal ties, or refunds thereon, shall be allocated between my estate and my spouse and my spouse's estate, or all to any of them, in such manner as my Personal Representative and my said spouse may agree. WITNESS: \ v'~ 6 i. To disburse my estate in kind or by way of liquidation thereof in whole or in part as my Personal Representative in my Personal Representative's sole discretion may deem appropriate under the circumstances. ITEM 12. NO BONDING REQUIREMENT: I direct that my Personal Representative, Guardian and Trustee or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM 13. SURVIVAL: Any person or organization herein named or referred to shall be deemed to have survived me only of such person or organization shall in fact survive me for a period of at least thirty (30) days. Any person or organization named or referred to herein who shall not survive me by a period of thirty (30) days shall be deemed to have died before I do. ITEM 14. GENDER AND NUMBER: Where appropriate to the context, pronouns or other terms expressed in one number or gender shall be deemed to include the other number or gender, as the case may be. ITEM 15. EXCLUSION: It is not my intention to make provision in this, my Last Will and Testament, for any relative or any other person not expressly provided for herein, except for children born to or legally adopted by me after the date of this instrument, and if any such person has not been expressly mentioned herein, he or she has been omitted by me intentionally and with full knowledge of his or her relationship and existence, and not by any oversight or neglect. WITNESS: ( ~ 7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~day of JI~ , l~ ( fPv~ 8 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, EMILY JEANNE HENRY, ~~~ ~. ~L.."H2..e? and Diane G. Radcliff, Esquire, the TESTATRIX and the wi tnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the TESTATRIX signed and executed the instrument as Last Will and that TESTATRIX had signed willingly (or willingly directed another to sign for the TESTATRIX, and that TESTATRIX executed it as TESTATRIX 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 that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed to before me this ~ day , 199L-. 1uJ dJ..I! <lh~ NOTARY PUBLIC My Commission Expires: Notarial Seal Debor~h L. Donley, Notary pubnc Camp HI!' ~ro, Cumberland County My Commission Expires Sept. 23, 1999 Member Pennsylvania Association Of Notaries 9