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HomeMy WebLinkAbout08-31-07 (2) \ " ' PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Wendell Smith Junkin a/kla Wendell S. Junkin also known as Wendell S. Junkin File Number dl ()1- 8tJ9 , Deceased Social Security Number 196-07-1805 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / arc the Carol Ann Gessner Junkin last Will of the Decedent dated February 25, 2005 and codicil(s) dated 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: D B. Grant of Letters of Administration (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minaritate) 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.d.a., enter date of Will in Section A above and complete list ofheirs.) Name Relationship Residence , ._-, '-". (COMPLETE IN ALL CASES:) Attach additiollal sheets ifllecessary. Decedent was domiciled at death in CUlnberland County, Pennsylvania with his / her last principal residence at :. 1606 Elm Street. New Cumberland, Cumberland County, Pennsylvania 17070 (List street address. tuwnleity, township, county, state, zip cude) Decedent, then 95 Pennsylvania 17070 years of age, died on June 30. 2007 at 1606 Elm Street, New Cumberland, Cumberl~a County, 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 4,500.00 $ $ $ $ 112,500.00 situated as follows: 1606 Elm Street, New Cumberland, Cumberland County, P A 17070 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 Carol Ann Gessner Junkin 1606 Elm Street, New Cumberland, P A 17070 Form RW-O] rev. JO.13.06 Page 1 of2 I .. 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 beliefofPetitioner(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 e3 "'I before me th .,--", I cl day of C1~J;.,* , /lcnl ~r"d' ~::'(lQ"4 \ For the Register x e..~ ~V\. ~~ Signature of Personal Representative . ,..., .. - .~J ,. Signature of Personal Representative ~nature of Personal Representative .1:- c:> File Number: ~ \ - 0'1 ~ '6"001 Estate of Wendell Smith Junkin a1k/a Wendell S. Junkin , Deceased Social Security Number: 196-07-1805 Date of Death: June 30, 2007 AND NOW, 01. ,,- "-ft A '0 i . ;,)0,:->1 . io ,"o,id,,,,tioo oftheforego'og Petitioo. "ti,f"tmy proof having been presented before e, IT IS DECREED that Letters Testamentary are hereby granted to Carol Ann Gessner Junkin in the above estate and that the instrument(s) dated February 25,2005 described in the Petition be admitted to probate and filed ofrecord as the last Will (and Codicil(s)) of Decedent. Letters ............... $ glDO,LO $ t ~ of) if .Db $ $ 1'-:::> -GD $-10 .l)t) $ S cJ() $ $ $ $ $ $ TOTAL.............. .wn'i.(')l.) 'C;'8t) Attorney Signature: FEES Short Certi ficate( s) . . . . . . . . Renunciation(s) .......... Lu\\\ ~QP (' u..d 0N\0j- I t.N"v Attorney Name: Heather D. Royer, Esquire _f~ Supreme Court J.D. No.: 76327 Address: 4431 North Front Street, Third Floor Harrisburg, P A 17110 Telephone: 717-234-2401 Form RW-IJ] rev.IIJ.13.IJ6 Page 2 of2 H105.905MS REV. 6/06 This is to certifY that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records In accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. /7 J ~d vro ~ .C$-YL (f1Y3f,L No. Frank Yeropoli State Registrar Calvin B. Johnson, M.D., M.P.H. Secretary of Health 1155988 JUL 11 Z007 Date i'-~) :") -:") ~--J H105.143 REV 11/2006 TYPE I PRINT IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) (.) Nov.18,1911 Fannett Twp. ,PA STATE FILE NUMBER 1. Name 01 Decedent (First, middle, last. suffix) 95 6. Dale of Birth (Month, day, year) 5 Age (LaS! BirthdaYi Cumberland 1606 Elm Street J- 13IOii;., Spe,,~ 10. Race: American Indian. Black., White. elc (Specify) white 8b County of Death Sd. Facimy Name (tf not institution, give street and number) d' 11, Decedent's Usual Occu lion Kind of wort<. done durin most 01 workln Iile. Do rlot slate retired Kind alWorle Kind 01 Business Ilrldustry minister church 1606 Elm Street w Cumberland PA17070 Decedent's Actual Residence 17a.&ate 13. Decedent's Education (Specify only highest grade completed) Elementary I Secondary (O-12) College (1-4 or 5+) 12 6 Pennsylvania Cumberland 14. Marital Status: Married, Never Married Widowed, Divorced (Specify) married . 16 Decedent's Mailing Address ISreel, city /town, slate, zip code) 17b. County Did Decedent liveina Township? 17c.D Yes, Decedent lived in 17d.lX{ No. Docedenl Lived 1Ii'l ActualLJmitsol ew Twp 18 Father's Name (First, middle, last. suffix) Cumberland City,l80ro 20a Informant's Name (Type I Pnnt) J hn Johnston Junkin Carol Junkin 19. Mother's Name Wirs!, middle, maiden surname) Ena Irene Smith ~ "' -< ;;; 20b Informanfs Mailing Address (Street, city ItoWT1, state, zip code) 1606 Elm St.,New Cumberland,PA 17070 21c. Place of Disposition (Name of cemetery, crematory or other place) Rolling Green Cemetery 21d. Location (City,' town. stale, zip code) amp Hill,PA17011 22c Name and Address of Facility Musselman FH&CS,324 Hummel Ave.,Lemoyne,PA17043 CAUSE OF DEATH (See Instructions and examptes) Item 27. Part 1: Enter the ~ - diseases. injuries, or complications -thai directly caused the death, DO NOT erner lerminal events sLlCh as cardiac arrest, respiratory arrest. or ventricular fibrillation wilhool showing the etiology, List only one cause on each line Approximaleinlerval' Onset to Death 51.1..n. 30 -z.00-1 ,-~ 23b. License Number 23c. Date Signed (Month, day. year) Ilems 24-26 must De completed by persoo who pronOLJnces death 24 Trmeof Death 30 2007 Part II: Enter other sioniflCant conditions contributino to death, bul not resuRing in the underlying cause given in Part I =AT~Iti~~~~~t~l)disea~ f.,/"... J. ij""",.t. ...,.1 00010 (or as a consequence of) b. .5",,,_.. 4-....J.~ >~ ..L.... I<- Due 10 (or as a coosequence 01): /.L~.L..._.f_':: 7~ &......- Due to (or as a consequence of) '7- 1~ J~ e-. l! .1LIJ P" .. LHJ'--'" p~ 28, Did Tobacco Use Contribute to Death? o Ves o Probably I)Q No 0 Unknown 29,lfFemale o Not pregnant wilhin past year o Pregnant at time of death o Not pregnant but pregnant wilhln 42 days ofdealh DNotpregoant,butpregnant43dayst01year before death o Unknown If pregnant wilhin the past year 32c. Place of InJUry: Home, Farm. Slreet. Factory Office Building, etc, (Spedfy) P)vl(/fIIS....,... ..D,~ Sequeotiallylist condilions, i1any, ~~t~~~o ~HoER~I~b~AU~E a ~~r:e~~~~~nth~~~rnre DVes IilINo DV" DNo 31. Manner of Death 1jI Natural 0 HomiCide o Accident 0 Pending Investigation 32d, Time of Injury o Suicide 0 Could Nol be Determined 32g,LocationoflnJury(Street, cityilown, stalf>) 30a Was an Autopsy Performed? 30b Were Autopsy Findings A'Ialla~e Pnor 10 Completion of Cause of Death? 33a, Certifier (d'leck only one) ~:rJ:UI~~SlC;n =:uc:: :e~~~:::~:,~=:,h: :.o::~_ ~:th _a~d~_m~I~~ ~e~:~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ =:n:,'~~ =~:~~a: :hti=~=n;:~~~~:rtz;~ol~:~~~~~~ ffilnner as stated.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D =~~n;:,":~;~n~t~: and I or Investigation, In my opinion, death occurred at the time, date, and place, Elnd due to the cause(s) and manner as stated_ 0 pu.s ; o w ~ 33d. Dale Signed (Month, day. year) 35 Registrar' ~ I .><1 I I "^ I /1/ I CJ l., '"2.2..{, L 1- (j ~. (;7 34 Name and Address 01 Person Who Completed Cause 01 Dealti (Item 27) Typ€ i Print R,A'I."'161/1) C G AQrYJJ~rJ ,...y J 3i .if, J, S-J- /J ,-.-..,,, p", 7/qj Disposition Permit No O//7..2.,),{'- I I 0526-2-5/Will/HDR/crm 2/22/05 11: 13 AM ;.) --) ; LAST WILL AND TESTAMENT - , OF .1 WENDELL SMITH JUNKIN -i --- C.:~ I, WENDELL SMITH JUNKIN, presently of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament hereby revoking all Wills and Codicils previously made by me. MARIT AL STATUS I declare that I am married to CAROL ANN GESSNER JUNKIN and that all references in this Will to my wife are references to her. CHILDREN I have two (2) children, now living, whose names and dates of birth are as follows: SHIRLEY ANN JUNKIN FOSTER born September 22, 1934 EDWIN RICHARD JUNKIN born December 1, 1937 All references in this Will to my children include only the children named above. EXPENSES ARTICLE I I direct the payment of the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. II SPECIFIC BEQUESTS ARTICLE II A. I give all of my clothing, jewelry and fishing equipment to my son, EDWIN RICHARD JUNKIN, presently of Mechanicsburg, Pennsylvania, provided he survives me by thirty (30) days. If EDWIN RICHARD JUNKIN does not survive me by thirty (30) days, or if! do not own any clothing, jewelry or fishing equipment at the time of my death, then this gift shall lapse. B. 1 give all of my books, papers, records and writings to my daughter, SHIRLEY ANN JUNKIN FOSTER, presently of Galveston, Texas, and to my son, EDWIN RICHARD JUNKIN, or to the survivor of them, provided they survive me by thirty (30) days. Ifboth SHIRLEY ANN JUNKIN FOSTER and EDWIN RICHARD JUNKIN do not survive me by thirty (30) days, or if I do not own any books, papers, records or writings at the time of my death, then this gift shall lapse. PERSONAL PROPERTY ARTICLE III I give the remainder of my household furnishings and tangible personal property not otherwise disposed of in the preceding portions of this Will to my wife, CAROL ANN GESSNER JUNKIN, provided she survives me by thirty (30) days. lfmy wife, CAROL ANN GESSNER JUNKIN, fails to survive me by thirty (30) days, then I give the remainder of my Page 2 of 9 Pages II :1. I household furnishings and tangible personal property not otherwise disposed of in the preceding portions of this Will to my children to be divided among them as they are able to agree. RESIDUE ARTICLE IV I give the rest, residue and remainder of my estate to my wife, CAROL ANN GESSNER JUNKIN, provided she survives me by thirty (30) days. Should my wife, CAROL ANN GESSNER, fail to survive me by thirty (30) days, then I give the rest, residue and remainder of my estate to my children, in equal shares, per stirpes, such that any issue shall represent and take their deceased parent's share. EXECUTRIX ARTICLE V A. Appointment. I appoint my wife, CAROL ANN GESSNER JUNKIN, as the Executrix of this Will. In the event of her death, resignation, renunciation or inability to act in that capacity, then I appoint LeROY SMIGEL of Harrisburg, Pennsylvania, as the Executor of this Will in her place and stead. B. Bond. No bond or other security shall be required of any Executrix or Executor appointed in this Will. Page 3 of 9 Pages C. Compensation. The Exeuctrix or Executor shall receive reasonable compensation for her or his services performed as determined by the Court in which this Will is admitted to probate. EXECUTRIX POWERS ARTICLE VI I give my Executrix in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate, to be exercised from time to time in the discretion of my Executrix without further order or license of the Register of Wills or of any Court: A. Investments. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to compromise claims, and to sell any property at public or private sale; B. Securities. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; C. Litigation. To engage in litigation and compromise, arbitrate or abandon claims; D. Distributions. To make distributions in cash or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; Page 4 of 9 Pages I Ii E. Tax Return. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; F. Loans. To payoff any loans I may have taken against life insurance policies owned by me that remain unpaid at the time of my death; G. Borrowing and Encumbering. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; H. Property Management. To manage, control, repair and improve all personal and real property; I. Insurance. To procure and carry at the expense of the estate, insurance of the kinds, forms and amounts deemed advisable by the Executrix to protect the estate and the Executrix against any hazard; J. Employment of Attorneys. Advisors and Other Agents. To employ any attorney, investment adviser, accountant, broker, tax specialist or any other agent deemed necessary in the discretion of the Executrix; and to pay from the estate reasonable compensation for all services performed by any of them; K. Business Operation. To conduct alone or with others any business in which I am engaged or in which I have an interest at my death, with all the powers of any owner with respect thereto, including the power to delegate discretionary duties to others, Page 5 of 9 Pages to invest other property held hereunder in such business and to organize a partnership or corporation to carryon such business; L. General. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of her fiduciary obligations. The enumeration of certain powers in this Will shall not limit the general or implied powers of the Executrix. The Executrix shall have all additional powers that may now or hereafter be conferred on the Executrix by law or that may be necessary to enable the Executrix to administer the provisions of this Will, subject to any limitations specified in this Will. NO ALIENATION ARTICLE VII No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. SIMULTANEOUS WILLS ARTICLE VIII My wife and I are executing Wills at approximately the same time in which each of us is the primary beneficiary of the Will of the other. These Wills are not executed because of any agreement between my wife and myself. Either Will may be revoked at any time at the sole discretion of the maker thereof. Page 6 of 9 Pages - -II . ! SIMULTANEOUS DEATH ARTICLE IX In the event that my wife and I die simultaneously, or under such conditions that it cannot be established by clear and convincing evidence who predeceased the other, my wife shall be conclusively presumed to have survived me for purposes ofthis Will. NO CONTEST ARTICLE X If any beneficiary or remainderman under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary or remainderman under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. LEGALITY OF ARTICLES ARTICLE XI If any provision of this Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as it is possible and reasonable. Page 7 of 9 Pages TAXES ARTICLE XII All estate, inheritance and succession taxes, together with any interest and penalties thereon, payable as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the residue of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of nine (9) typewritten pages, including this attestation clause, to be executed, declared and published this 2 S- day of f € ,'>It. \l1~. '1 ,2005, at River Chase Office Center, 4431 North Front Street, Harrisburg, Pennsylvania. ., , r<, . I{ 1: f"'\ i /'1 17 () LI WE~~:Lt~~I~H ~~)h~"'A41 (SEAL) Signed, sealed, published and declared by the above named WENDELL SMITH JUNKIN, Testator, as and for his Last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. dJ~'b~ Residing at J 4.oe BQ.fl{){ E l{ OR ~l~ ~d)? ~ I r A- LllLO I i I. hvlc, ! Lll;; 'l\~~~ ~ ~ Residing at . ,)(( I.., ,! I U: , I). J" I t..' '--'-I"" "J.h..'io i ,., I J('. Ij Residing at .U.J. I~t X ell 1) /--l ~'tI ~j} 17[l/5 Page 8 of 9 Pages ~ '1 II. COMMONWEAL TH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN We, WENDELL SMITH JUNKIN, the Testator, an~u lAAL..~~,r- ( i I . . . 11' (I C \....-! \. I I, {' -A.,. r: lvL (, ~.1 and II \E:.t I <)Sc\ ). )!.,Yl\ rZ the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness and that to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ,/' () ), t' I t,,-~~_ ~~ .. Witness . ~r ' " /, - ~/k "f~ /' W~~ELL SMI~, ~l<',Ji;" ~~~ r--- Witness U Subscribed, sworn to and acknowledged before me by WENDELL SMITH JUNKIN, ~~~ Testato, r, ,and su~scribed aud sworn to before me b~~ '::D~ ( / }1~'1/;.,; r' l'/{{;'J and 1\\t\\~1 <). ;t.\)Jut2.- ,. esses,this "v.l-i:, f-- . .;~ . day of r-C/) n'dz n ,\/ ,2005. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Danette L Hostetter, Notary PlbIic City Of Harrisburg, Dauphin County My Commission Expires Nov. 8, 2008 Member, Pennsylvania Association 01 '~:lari9S "-fJu U.tt1 J:, 1-J{~j j {'~'f-(, ~ /' __ Notary Public My Commission Expires: Page 9 of 9 Pages COMMONWEALTH OF PENNSYLV!,!'J~ Notarial Seal ] Danetle L HosteUe,r, NtXary PI."""'- City 01 Harrisburg. Dauphin C My Commissior: Expires Nov , . . Member, Pennsylvania Assoclatlo' ,. '9S