HomeMy WebLinkAbout07-06-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Jean D. Gladfelter
also known as
CUMBERLAND
COUNTY, PENNSYLVANIA
File Number 21-07- (031
, Deceased
M&TBank (by Jennifer A. Leib. Vice'President)
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE:4' or 'B' BELOW:)
[!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
last Will of the Decedent, dated 07/30/1997 and codicil(s) dated
Social Security Number
168-24-1011
executor
named in the
State relevant circumstances, 8.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:
D B. Grant of Letters of Administration
(l/appllCable. enter. c.t.a.; d.b.n.c.t.a.; pedente me; durante absent/a; durante mlfloritateJ
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
Administratton, 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
Residence
S;;o
S'J :n
:';"2 :J:> ,-
',. ~ g:]
"'"
<=
--./
c:....
r-
I
"1.7
I-r-,
c.-:-.>
tr) .-1")
---oj c::.;
[:r'; ,-n
", 00 0
:._"_ 11
-0
~:.)c...)
: ~~1
;=:'c! C')
~r-;-":f
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with
31 WestfietdsDrive, Mechanicsburg, Silver Springs, Cumberland, PA 17050
(List street adcke$s, tow"nlCity,,Jownship, county, state, zip code)
:n
-j
his / her last principal r~ence at
~
o
....,
-
Deee"ent,then 81' ./)'ears of age, died on 06104/2007
Holy Spirit Hospital, East Pennsboro Township, Cumberland County,
at Pennsylvania
Oec;e9:ent at death oW~d~ero~ with estimated values as follows:
(il domiclted i~PA) '" All personal property
(If not domiciled in,PAl' Personal property in Pennsylvania
(If}lotdOolliciled in PA) Personal property in County
Value of re~ estale in Pennsylvania
$
$
$
$
50,000.00
150,000.00
situated as follows:
31 Westflelds Drive, Mechanicsburg, Silver Springs Township, Cumberland County, Pennsylvania, 17050
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:
Signature
Form
Rev, 10-13-2006
Copyrighl (c) 2006 form software only The Lackner GrouP. Inc.
Page 1 0#2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF '/0" k.
Oath of Personal Representative
} SS
}
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.
Sworn to or affirmed and subscribed
Vice President
before me this G ~ day of
-Y1f ' ;:)007
~Ad~ C ~1~XL/
U ~r
Signature of Personal Representative
File Number:
21-07- 1061
Estate of Jean D. Gladfelter
, Deceased
Social Security Number:
168-24-1011
Date of Death: 06/04/2007
AND NOW, ~\~ ~ .
having been presented before me, IS DECREED that Letters
d...COI
, in consideration of the foregoing Petition, satisfactory proof
are hereby granted to
Testamentary
M & T Bank (by Jennifer A. Leib, Vice President)
in the above estate
and that the instrument(s) dated 07/30/1997
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
-~
....
FEES
Letters............................................ $ ~00 .00
Short Certificate(s)........................ $ ~ . cO
Renunciation(s)............................. $
Attorney Signature:
- ,
~'4CLu1G1t. R~~1A~~~~'~
~_'d_ -: '\~~.~~.,.U.~
,
r
John 0, Flinchbaugh
""c\\ $ \S'".ro
~ (J> $ \O.uD
~~~'N"'.l'~~ \ l) ~ $ 5 . Ol)
$
$
$
$
$
Attorney Name:
Supreme Court 1.0. No.: 15525
CGA Law Firm
Address: 135 North George Street
York, PA 17401
Telephone:
717 -848-4900
$
TOTAL.................................... $ 610.00
Form RW-02 R/III. 10-13-2006
Copyright (c) 2006 form software only The Lacl<ner Group. Inc.
Page 2 of 2
HJ()".~()" REV IOJ/()71
LOCAL REGISTRAR'S CERTIFICATION OF DEATH.
WA.RNING: It is illegal to duplicate this: copy by photostat or photogr~ph~<
This is to certify t4:att]je jnformati~n here given' is
correctly copiel;! frorilari::original Certificate of Death
duly' filed wlth. me ilsLocal Registrar. The original
certificate will h~(JorWarded to the State Vital
Records Office for permanent filing.
. . \
JUN 01
Fee for this certificate, $6.00
P 13615362
Certification Number
~
I"-..)
=
=
-"
c-
c:::
c-
I
en
-0
:x
rs>
o
-.J
~o
0<'''' :::0
:~ ~ ("')
J "p: r-
'-=c,..m
"'."""- ::n
~u)^
Go
() Cj 11
':::'JC
- :::0
--;
~
....>
,
to I!IIEY n...
1'1,,,,", IIr
::or:-
~ALT" 01" ~"AMA' ~~ M MaALTH' WTAL /lICOIt..
ceRTIfICATe OF Dl!ATH
ISM.......... .... ......_ en ........,
f. ....4~~.......~
JeaD D.
~......-
c;lArdfel.ter
, ....
March
Twp.
u. ....c...t......
.....--
0... ..
-
......"-'-' n....
""""'"
...1..
-'
Spr 111.. 'l'Wp. ....
Gp'-
...--....---
.Jean .
..-....--.,--.....
9S56 'ern Hollow Va Mont
t1o._..__,,~_..-.....
June 7, 2007 Rollin.er Cr....tory Nt. Hell, Spri~a, PA
---"-"- Cocklia '-nla-l.e.
30 N. Che.tnut Stre.t, D!ll.bur
~-
::zr-...=~ ..~R.I..,~lll.u ~..4-
=-= .. ~~..;.;;;;.r'
..... ................
=-~"&'.Wml"
----..--,-...---..-,
0.... II'"
............ ....1t.........J!iilIatf. ..... _ .- -......0...._ -.....
: 0...... w....................".....L
; ~/
.
.
:----
.
.
.-
:
'-
0." ,...........__
*.....-....,..
0_---
0_"",,",,11I___
-
o IIII_"'_....~,,... .
o =~,.........,..,..
,
.........,.,
-
-':"'",,;:=- ...~..-
t1eo..._ .- a-
0'" 0" 0 - 0.....-....
0- 0-....-
o-~.
...--......
17.0 l\
:0
~~; 21:;
G') C>
(/5 :"0
.:-1 L-:J
IT'l111
:r: ~~::J
S~)C)
. '-"
".," ....,.
;? ('5
fTI
/-;
29864.1\Author=JPC\User=LR
11I&st IIt11 &ub m~!it&m~ut
OF
JEAN D. GLADFELTER
I, Jean D. Gladfelter, of Mechanicsburg, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare the following as and
for my Last will and Testament, hereby revoking and making void any
and all Wills and Testaments, or writings in the nature thereof by
me at any time heretofore made.
I.
I direct that all expenses of my last illness, including
hospital expenses, expenses for medical care, funeral expenses and
the cost of a gravemarker, as well as all debts or obligations owed
by me at the time of my death, which in the opinion of my Executors
are not subject to either a legal or equitable defense, shall
,.......,
paid from my residuary estate, unless otherwise provi~here~,
__:,""":0 c-
-9-0
soon as practicable after my decease, as a part of t?~~pe~e
,-,: :z; :0 I
.:: (f) ^ C7\
_Joo
--)0-.,
.~:o
::0--4
):>
I give and bequeath all items of tangible personal
be
the administration of my estate.
as-".-
~~(i i .~-~
r=~ r
9:1:'
r=!-+~--t.
:"l'J ~
II.
-0
::B:
N
.. .
(., ,'-, .~--
pr~ert~i't~
c.::>
--,.,
-ll
c5
~.'j.'!
which I may own at the time of my death, including any automobiles
which I may own, together with any insurance policies thereon in
equal shares to my surviving children, to be divided among them in
kind as they may agree. In the event that none of my said children
survive me, said tangible personal property shall be divided among
29864.1\Author=JPC\User=LR
their surviving issue equally and distributed to such issue in kind
per capita.
III.
I give, devise and bequeath all the rest, residue and
remainder of my estate, real, personal and mixed, of whatever kind
or character and wherever situated, which I may own or have the
right to dispose of at the time of my death in equal shares to my
children, Wayne L. Gladfelter, Jean D. Gerschefski and Elizabeth R.
Gladfelter.
In the event that any of my children predecease me,
the share of my deceased child shall not lapse but shall instead be
distributed among said deceased child's issue, per stirpes.
IV.
In the event that any beneficiaries under this will should be
twenty (20) years of age or younger, then I direct that their share
shall be held in trust for them by Dauphin Deposit Bank & Trust
Company, or its successor, subject to the following terms and
conditions:
(1) Each respective beneficiary shall have the right to
receive the net income from his or her separate
share in periodic installments until final
distribution of the principal as hereinafter
provided.
(2) The Trustee is expressly authorized to expend, for
the use and benefit of each of the beneficiaries
hereunder so much of his or her respective share of
income or principal as may be necessary for his or
her proper maintenance, support, health or medical
needs, and education, including a college,
graduate, professional or technical education.
(3) Each of said beneficiaries shall have the right to
receive, when he or she shall have attained the age
of twenty-five (25) years, one-third (1/3) of the
balance of his or her respective share of the
principal, together with any undistributed income
2
29864.1\Author=JPC\User=lR
thereon.
(4) Each of said beneficiaries shall have the right to
receive, when he or she shall have attained the age
of thirty (30) years, one-half (1/2) of the balance
of his or her respective share of the principal,
together with any undistributed income thereon.
(5) Each of said beneficiaries shall have the right to
receive, when he or she shall have attained the age
of thirty-five (35) years, the balance of his or
her respective share of the principal, together
with any undistributed income thereon.
(6 ) Notwithstanding any of the above provisions, the
Trustee, in its sole and absolute discretion, is
expressly authorized to exceed the above limits of
distribution to or for the use and benefit of any
of the beneficiaries hereunder for the purchase of
a home, for any beneficiary's advanced education,
or taking advantage of a sound business
opportunity, which the Trustee feels to be a
prudent investment, or to make such other
distribution as the Trustee feels justifiable.
(7) Should any of the beneficiaries hereunder die
without having received his or her full share of
the principal of said trust estate, the same, or
any undistributed portion thereof, together with
any undistributed income, shall be paid by the
Trustee to his or her issue per stirpes when and as
they severally and respectiv~ly attain the age of
twenty-one (21) years.
(8) Should any of the beneficiaries hereunder die
without having received his or her full share of
the principal of the trust estate, leaving no issue
surviving, the share which he or she would have
taken, if living, or any undistributed portion
thereof together with any undistributed income,
shall be added per stirpes to the other shares of
surviving beneficiaries or the issue of any
deceased beneficiary as provided hereinr and be
distributed in accordance with the above
provisions.
(9) Should the issue of any deceased benef iciary be
twenty-one (21) years of age, then his or her share
shall be paid forthwith; otherwise, the Trustee
shall hold and retain the shares of such issue or
any distributees who may be under twenty-one (21)
years of age at the time their shares become vested
in them absolutely, and pay, expend, use and apply
3
29864.1\Author=JPC\User=LR
the income and principal therefrom, for their
maintenance, support, health or medical needs and
education, and pay over and deliver unto them the
balance of their respective shares of income and
principal when and as they severally and
respectively attain the age of twenty-one (21)
years.
v.
My personal representatives and the Trustees of any trust
created hereunder shall have the following powers and authority in
addition to, and not in limitation of, any other rights and powers
granted by law:
A. To retain any property transferredrdevised or bequeathed
to them by me, or any undivided interest therein,
regardless of the character of said property, or whether
it is such as may be authorized by law as a legal
investment by a fiduciary;
B. To sell any estate or trust property, for cash or on
credit, at public or private sale; to exchange any of
said property for other property; to grant options to
purchase or acquire any estate or trust property; and to
determine the prices and terms of sales, exchanges and
options;
c. To execute leases and sub-leases for terms extending
beyond the termination of any Trust established herein;
to subdivide or improve real estate and tear down or
al ter improvements; to grant easements, give consents and
make contracts relating to real estate or its use; and to
release or dedicate any interest in real estate;
D. To borrow money and to mortgage or pledge any estate or
trust property in connection with the administration of
the Trusts created hereunder; to execute promissory notes
or other obligations for amounts so borrowed; and to
secure the payment of any amounts so borrowed by mortgage
or pledge of any real or personal property; provided,
however, that said authority may be exercised only to the
extent that it is necessary or required in connection
with the proper administration of my estate or any of the
trusts created hereunder, and shall not be used for the
purpose of making speculative investments or for the
purchase of securities on margin;
E. To take any action with respect to conserving or
realizing upon the value of any estate or trust property,
4
29864.1\Author=JPC\User=LR
and with respect to foreclosures, reorganizations or
other changes affecting the estate or trust property; to
collect, pay, consent, compromise or abandon demands of
or against the estate or trust property, wherever
situated; and to execute contracts, notes, conveyances
and other instruments, including instruments containing
covenants and warranties binding upon and creating a
charge against the estate or trust property, and
containing provisions excluding personal liability;
F. To keep any property in the name of a nominee, with or
without disclosure of any fiduciary relationship;
G. To employ agents, attorneys, auditors, depositaries and
proxies, with or without discretionary powers;
H. To give proxies, to deposit securities with and transfer
title to committees representing security holders and to
participate in voting trust, reorganizations, and other
transactions involving the common interest of security
holders;
I. To exercise any option to subscribe for or purchase any
stocks, bonds, certificates, or other securities which
may be given to it as the holder of other stocks, bonds,
certificates, or other securities constituting a part of
the estate or trust property;
J. To purchase stocks, bonds or other property, real or
personal} from the executor or legal representative of my
spouse's estate, or any trust established by my spouse,
even though such executor or legal representative is also
a fiduciary hereunder;
K. In the event that my spouse survives me, to join with my
spouse or his personal representative in the filing of
any income or gift tax return for any period prior to my
death and without requiring indemnification from my
spouse or his personal representative for any liability
which may arise from joining in such return;
L. To elect to take administration expenses on either the
estate's federal income tax return or the estate's
federal estate tax return in such manner as to provide
the greatest overall tax savings. My Executors are
authorized but not required to adjust the interest of any
beneficiary detrimentally affected by such election in
order to compensate said beneficiary for any loss due to
the making of such election;
M. To exercise any election provided in the Internal Revenue
Code or under Pennsylvania Inheritance or Estate Tax Laws
with respect to the valuation of property for purpose of
5
29864.1\Author=JPC\User=LR
such taxes, and the time and manner of payment of tax,
and no adjustment in any beneficiary's interest in my
estate shall be made by reason of the making of such
election;
N. To deduct, retain, expend and payout of any money
belonging to the estate or any trust established herein
any and all necessary and proper expenses in connection
with the operation and conduct of the same, and to pay
all taxes, insurance premiums on any policy constituting
part of the trust property, and any other legal
assessments, debts, claims or charges which at any time
may be due and owing by, or which may exist against my
estate or any trust established herein;
o. To charge commissions or compensation for their services
hereunder, which commissions or compensation in the case
of a corporate fiduciary may be charged against or
payable from both principal and income received on an
annual basis at such rates as may be provided in its
published fee schedule in effect at the time said
services are performed;
P. To pay over and deliver the principal and/or income
payable to any minor beneficiary hereunder to a guardian
or custodian under the Pennsylvania Uniform Transfers to
Minors Act or similar state law in effect in the state in
which either I die a resident or which the minor resides,
including a custodian selected by my personal
representatives (who may select age 21 for the
termination of the custodianship if the same is permitted
under applicable state law) or to deliver the same to a
parent of the minor or to a person with whom the minor
resides during minority.
Q. To make any distributions or division of estate or trust
property in cash or in kind, or both.
VI.
I direct that all state and federal estate, succession,
legacy, inheritance or other transfer taxes, however designated,
together with any interest thereon, that shall become payable by
reason of my death with respect to any property which is included
in my estate for purposes of computing such taxes and subject to
administration by my personal representatives, shall be paid from
my residuary estate, as an expense of administration and without
6
,
,
29864.1\Author=JPC\User=LR
apportionment.
My Executors shall have no duty or obligation to obtain
reimbursement for any such tax paid by them even though on proceeds
of insurance or other property not passing under this Will.
VII.
I appoint Dauphin Deposit Bank & Trust Company, or its
successor, Executor of this my Last Will and Testament.
In the
event it cannot or does not desire to act as such Executor, then I
appoint my son, Wayne L. Gladfelter, Executor in its place and
stead. All shall serve without bond.
Any fiduciary who is an individual shall be entitled to
receive reasonable compensation for his or her services hereunder
and shall be reimbursed for all expenses incurred in connection
with the administration of my estate or any trusts established
herein. compensation for any corporate fiduciary for its services
hereunder shall be in accordance with its published fee schedule in
effect at the time said services are performed.
IN WITNESS WHEREOF, I have
this my Will this l3o~) day of
hereunto
tf?
set my hand and seal to
, 1997.
~:q.~~1E-
(SEAL)
7
,
,
29864.1\Author=JPC\User=LR
Signed, sealed, published and declared by the above-named
Testatrix, as and for her Last Will and Testament, in the presence
of us, who, at her request, in her presence and in the presence of
each other, all being present at the same time, have hereunto
subscribed our names as witnesses.
~ /' /l
~ _ ,_ <--../ L- r--ii
~ Cr<rKlr~
~.//~
8
29864.1\Author=JPC\User=LR
, .
COMMONWEALTH OF PENNSYLVANIA )
( SS.
COUNTY OF YORK )
I, Jean D. Gladfelter, 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
said 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 contained.
...-----
Testatr1x
Sworn or subscribed
a~nOWledged be o+e
'fi)f-17 day of (,tt.....
[) /, 7
to and
me this
, 1997.
Notartal Seal
Maureen K. Rutter. Notary Public
York. York County
My Commission Expires Mai'ch 1', 1999
COMMONWEALTH OF PENNSYLVANIA )
( 5S.
COUNTY OF YORK )
We, the undersigned 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 the Testatrix,
Jean D. Gladfelter, sign and execute the instrument as her Last
Will; that the said Jean D. Gladfelter 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, Jean D. Gladfelter, signed the Will as witnesses; and
that to the best of our knowledge, the Testatrix, Jean D.
Gladfelter, was at the time 18 or more years of age, of sound mind
and under no constraint or und~~"../~D:)uenc~~
/' ~- I' CA-,fI
Witness
f!1ttl~ (). ~ .
~ '7/. W' ness
W~
Sworn or subscribed to and
a~ ..no wledged Jib.. . lore me t hi.S
'/r'JYh d f '
~/ a yo, ~,& ' 1997.
/1&ilJ..L.LIt ~\ ~:dJA/
Notary Publf
NotartaJ Seal
Mauref1n K. Rutter. Notary Public
Yo~ York County
My Commis8lon expires March 15. 1998