HomeMy WebLinkAbout09-24-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Anne W. Waddington
also known as
CUMBERLAND
COUNTY, PENNSYLVANIA
File Number 21-- D"\ O<&O~
, Deceased
Social Security Number
238-46-3672
Thomas V. Waddington
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
lID A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executor named in the
last Will of the Decedent, dated 10/08/2002 and codicil(s) dated
Harold T. Waddington deceased June 13, 2007; Renunciation of Ruth A. Patrick and John F. Waddington
renounced
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:
o B. Grant of Letters of Administration
(II applIcable, enter: c.t.a.; d.b.n.c.t.a.; pedente lite; durante absentia; durante mmontate)
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(lf
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
Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with
723 Oak Oval, Mechanicsburg, Upper Allen, Cumberland, PA 17055
(List street address, town/city, township, county, state, zip code)
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his / her last principal resi~ctJ at
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Decedent, then 77 years of age, died on 08/28/2007 at
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
20,000.00
0.00
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
Typed or printed name and residence
Thomas V. Waddington 1540 McCormick Drive
Mechanicsburg, PA 17055
Form R
Rev. 10-13-2006
Copyright (c) 2006 form software only The Lackner Group. Inc.
Page 1 of2
Oath of Personal Representative
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COMMONWEALTH OF PENNSYLVANIA
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 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
before me this
day of
Signature of Personal Representative
File Number:
21-- a'l- 08lc9
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Signature of Personal Representative
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, Deceas.~-j
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Estate of Anne W. Waddington
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Social Security Number:
238-46-3672
Date of Death: 08/28/2007
AND NOW,
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d(t),
, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Thomas V. Waddington
in the above estate
and that the instrument(s) dated 10/08/2002
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters..................aQTQ~.... $
Short Certificate(S~..........\........... $
Renunciation(s).................~........ $
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Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Hummelstown, PA 17036
Telephone:
717/533-3280
TOTAL................................. $
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Form RW-02 Rev. 10-13-2006
Copyright (c) 2006 form soflware only The Lackner GrouP. Inc.
Page 2 of2
HIOS.80S REV 101107)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 13857667
Certification Number
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.
!hn- fr; ~ AUl130 1007
Local Registrar Date Issued
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REV 11/2006
I PRINT IN
-'ANENT
.CKINK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instruc;tlons and examples on reverse)
19. _s Name (Fifst. _."- surname)
Hester Battley
201>. Inlormanrs MalIln9 Add....(S1reel. city 1_. _. z\> code)
1540 McCormick Drive, Mechanicsburg, PA 17055
21~ Place of ~ (Name 01 cemet"'Y, _ 0< _ place) 21d. Locallon (CMy 1_. _, zip code)
Evans Crematory Schaefferstown,
5. t.qe (lasI Binhday)
77
v".
Bb. CounJy of Dell1h
Cumberland
11,_sUIllII lion _01 ...00...._
Kmdof_ Kmdol_'1ndusIry
Homemaker Domestic
. 16. Dacedenl's MaiIng _(_. city 1 town. sial'. zip code)
723 Oak Oval
Mechanicsbur , PA 17055
18. F_'s Name (ArsI, _, lest, SlJt6x)
Angus Lacy Wicker
200. In_s Name (Type 1 Print)
Thomas V. Waddington
21.. Melhod 0I1J1spce11lon I [JlcremelIon 0 Donation
. 0 Burial 0 R_fTomSlale ; WuCromollono<_AuIllorIzod
o 0ltIe<. SpecI/y: by - EDmInor I Coroner?
=' 22a. of Sefvicj (or petIOn acting as such)
Dacedenl's
ActuiIResIdenCe 17a.State
Pennsylvania
Cumberland
.7b. CounIy
:.
IIeme 2-1-26 must be compIol8d by poISOn 24. 11me 01 DelI1h 25. IlaIo - Deed (MonIh. cloy. yGll~
. whopronounc:eo_ &.'2 AM. t/atJltJ7 : ~ S"1fhr?
CAUSE OF DEATH (See inetrUcItona and oxamples)
110m V. Port I: EnIor lhO ~ - _. ....... 0< COf11Illca1Ions -1ha1 rIrodIy caused lhO _. DO NOT ontor terminal...... such as ""- arrest.
/OSlII!OIO!Y_o<__wlhclulsI\owInglhOelIoIOgy.LI8lOl'lyone""UOI",_IIne.
I ApproxImal9mefYll:
1 Onset to 0eaIh
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~ III condtions. i lIlY,
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=-":;~m~~
mC&..!>~ille. IJI)o/e"l!i"ll<JII6 0 ry.",M"t'"k.II-~ ~
iltletolo<asa_oI): C
b.
iltle to lor as a oonsaquooco 01)'
e.
iltle to (0< as a oonsaquooco 01):
300.w..on~
PorIonnad?
d.
3Ob.Wa<a~FrncIngs
A_Priorto~
01 eo... 01 Dealh?
OVas ONo
32<1. TIme 01 \njL<y
aUlamerolDell1h
g]- D-
O Accident 0 Pending InweIlgolkIn
o Suicida 0 Could NoI be DeIam1lnad
OOlhe' . SiJe<;ly:
10. Rac8:.Am8rican Indan. Black, White, Ii:.
(Spoc;I}/I
white
14. MariIaI S1atus: Married. Never Married.
_. DIYolced (Spoc;I}/I
Widowed
Did Decedon1
Uveina
TOWIlIhip?
Upper Allen
17e. IKI vas IJacedonl LNod ~
17d. 0 No, Dacadentl.lved_
AcluaJUmllsol
TW!>.
CMylBolll
PA 17088
Inc., P.O. Box 431, New Cumberland, PA 17070
23b.\.iconSaNoolbor
230. Dela Signad (MonIh. day. yea~
2ft Was Case Referred to Medical Examiner I Coroner lor a Reason Other lhan Cremation or Donation?
Ovas ~No
Part II: En1er__"'-'_to_
bol....<aSUling~lhtundetlyi~ClIuot!iVan~PortI.
28. Did Tobecco Use Conbiluto to Deolh?
o Vas OProl>aIlly
ONo 0-
29. ~ Female:
o Not pIegNnI_n past yGllr
o P""",","l\maoldoalh
o NotprlglOlll.bolpl9g<1lnl_42days
ol_
D Not P!8lII'8nI. bul prIglOIll 43 days 10 1 yeo,
befO<a_
O_Ipregn8nlwilhinlhOpastyaor
32<. Place 01 \njL<y: Home. Fann. SIraet, Factory,
Oft1ceBulldlng,aIc.(5pacIIy)
32g. Locallon oIlnjuIy (SIraet. city ,-. "")
M.
32f.~Tran_lionkjuly(5pacIIy)
ODMrlOpelalor OPasasngor OP-
0Ih0r . SpecI/y:
33b. SlgneIulaandT"'otCortilier
o Vas :gNo
33a.Cortilier(GllecI<Ol'Iy""J
. ~~..:::==.:.;.~~~..:=~~_~~~_~~~~~_________________ 0 ~
~':.:~=;:"~IIllI~~=toto:"~=_as'-"_________________ 0
==.=....,or~.1n my opinion. __ at the tIme._.... place. IIllI due to 1110 couso(s) end....... as __ 0
35.
~
ni"""",1tInn P..rmit Nn
3311. IlaIo S9lId (MonIh. day, yaorJ
frU> e-1-.Wt1'7
34. Name and_ 01 Pttson _ Con'4lIeIed eo... 01 DelI1h (110m 27) T=,
/)1 , U, II- -e t "'D~ JI')( I e.J,. ~ Ie
1()~Lutt:J#1'''' S+ Le"'~)';,Je. 1'19-
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Last Will
of
ANNE W. WADDINGTON
I, ANNE W. WADDINGTON, the Testatrix, a resident of Cumberland County, Pennsylvania, declare
that this is my Last Will. I hereby revoke all my previous wills and codicils.
Article One
Introductory Provisions
Section 1. Marital Status
I am currently married to HAROLD T. WADDINGTON, and all references to my Spouse in this will
are to HAROLD T. WADDINGTON.
Section 2. Children
All references to "my children", subject to the exclusion of any child under subsequent
provisions of this Section 2, are to all of the children so identified in this Section 2, but only to
those children and any children born to or adopted by me subsequent to the execution of this, my
Last Will.
a. The names and birth dates of my children are:
~ Birth Date
JOHNF. WADDINGTON
RUTH A. PAlRICK
THOMAS V. WADDINGTON
March 08, 1951
October 22, 1957
January 26, 1960
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Article Two
Appointment of My Personal Representatives
Section 1. Nomination of My Personal Representatives
I appoint the following to be my Personal Representative(s) in the order of priority in which their
names appear:
HAROLD T. WADDINGTON AND TIlOMAS V. WADDINGTON; TIlEN
IF HAROLD T. WADDINGTON IS UNABLE OR UNWILLING TO SERVE,
TIlOMAS v. WADDINGTON AND JOHN F. WADDINGTON AND
RUTH A. PATRICK, OR TIlE SURVIVOR(S) OF TIIEM; TIIEN
HERSHEY TRUST COMPANY
If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve,
the next successor Personal Representative(s) shall serve in the order of priority listed until the
list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving,
the next named successor Personal Representative shall serve only after all of the Co-Personal
Representatives cease to act as Personal Representatives.
Section 2. Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in this Last
Will.
Section 3. General Powers
My Personal Representative shall have full authority to administer my estate under the laws of the
Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative
shall have the power to administer my estate under the Pennsylvania Probate, Estates and
Fiduciaries Code.
..
Article Three
Disposition of My Property
Section 1. Estate Planning Letter or Memorandum
To the extent permitted by state law and not necessary to fully utilize my Unused Applicable
Credit Equivalent, my Personal Representative shall distribute such of my personal or household
items to such persons as I may direct by a written instrument signed by me and delivered to my
Personal Representative.
Section 2. Distribution to My Revocable Living Trust
I give all the rest, residue and remainder of my property of whatever nature and kind and
wherever located to the then acting Trustee(s) of my revocable living trust of which I am a
Trustor known as the:
ANNE w. WADDINGTON LIVING TRUST,
dated November 20, 2000, and any amendments thereto.
I executed said revocable living trust prior to the execution of this Last Will.
Section 3. Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee who shall hold, administer and distribute my
property as a testamentary trust the provisions of which are identical to those of my revocable
living trust on the date of execution of this Last Will, or as thereafter amended.
Article Four
Death Taxes
Section 1. Definition of Death Taxes
The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and
other similar taxes that are payable by any person on account of that person's interest in the estate
of the decedent or by reason of the decedent's death, including penalties and interest, but
excluding the following:
a. Any additional to the federal estate tax for any "excess retirement accumulation"
under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue Code Section
2032A or 2057; and
c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term
is defined in the federal tax laws, unless the applicable tax statutes provide that
the Generation Skipping Transfer Tax is payable directly out of the assets of my
gross estate.
Section 2. Payment of Death Taxes
Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to
property inventoried in my probate estate shall be paid by the Trustee from my Trust. However,
if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to
pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot
be paid by my Trustee from the assets of my probate estate by equitably prorating and
apportioning those taxes among the beneficiaries of this will.
Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets
being transferred outside of my Trust or probate estate shall be assessed against those persons
receiving such property.
Section 3. Waiver of Right of Reimbursement Under Code Section 2207A
I hereby waive my estate's right of reimbursement under Code Section 2207 A.
Article Five
General Provisions
Section 1. No Contest Clause
If any person or entity singularly or in conjunction with any other person or entity, directly or
indirectly, contests in any court the validity of this Last Will including any codicils thereto, then
the right of that person or entity to take any interest in my estate shall cease and the demise of
that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine.
Section 2. Captions
The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of
reference only and shall have no significance in the construction or interpretation of this Last
Will.
Section 3. Severability
Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity
shall not affect any of the other provisions of this will and all invalid provisions shall be wholly
disregarded in interpreting this Last Will.
Section 4. Governing Law
This Last Will shall be construed, regulated and governed by and in accordance with the laws of
the Commonwealth of Pennsylvania.
I signed this, my Last Will, on
OCT 8 - 2002
~wf!ge{fJt:
ATTESTATION CLAUSE
On this OCT 8 - 2002
, ANNE W. WADDINGTON, Testatrix, personally Published and
Declared the foregoing instrument, as and for her Last Will and Testament, in the presence of
each of us and all of us together, who, at her request, in her presence, and in the presence of each
other, also signed the said instrument as witnesses. We further state that each of us believes that
at the time she executed the foregoing instrument he was of sound mind and memory, of lawful
age, and did so execute it as her own free act and deed and not under the constraint or undue
influence of any person.
v(VIt'LSiTe. t.-, Ii-, ~
Witness
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Street Address
d::1end~ /2.1 /7o:lJ.
City, S t, ZIp
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16~ S.l2tcJA-o oLLSt-
Street Address
~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
1) We, ANNE W. WADDINGTON, ':f'Cl&l.i a. C.I-<.lt),J-I,"'"'fvJ and
I emlo{)l.J. La fi1- , the Testatrix and the witnesses, respectively, whose
,
names are signed to the attached or foregoing instrument, being duly first sworn, do hereby
declare to the undersigned authority that we were present and saw the Testatrix sign and execute
the foregoing instrument as her Last Will; that the Testatrix signed it willingly, or directed
another to sign it for the Testatrix, that it was executed as her free and voluntary act for the
purposes therein expressed; that each subscribing witness in the presence and hearing of the
Testatrix signed the Last Will as a witness; and that to the best of our knowledge the Testatrix
was at the time of sound mind and memory, of lawful age, and under no constraint or undue
influence. k%,t. ~
~ADDINGTON i
L/21~e../{~
W~(l
Willie" I CJW
SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by
ANNE W. W ADDINGTOZ;he Testatrix, and --fV7 ~~ ti.LJo~#uT..J and
12-ne lorx J . ta T~ , the witnesses, on this OCT 8 - ~002
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otary PublIc
(SEAL)
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RENUNCIATION
REGISTER OF WILLS OF
CUMBERLAND
COUNTY. PENNSYLVANIA
Estate of Anne W. Waddington
. Deceased
I, John F. Waddington
in my capacity/relationship as
(PrltII Name}
Co-Executor/Son
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Thomas V. Waddington
1/ZZ,/~7
(Dais}
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(jSlr/tl8ilk} () John F. Waddin t Q
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427 Hummel Avenue ~:J:J
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(5ttBeI AttdI'Uss) ,~ P
Lemoyne, PA 17043
(Clly, S/8J&. ZIp}
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Executed in Register's Office
Sworn to or affirmed and subscribed
before me th'~ day
of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing thIs renunciation and certIfIed
that he or she executed the renunciation for the
purpo~s stated within on this 11.1- day
of J&~t1b("" . )(Jo'1
Deputy for Register of Wills
Notary Public
My Commission Expires:
(SlgnalurIIand lI8lII of NDlIuy Ill" alher aflIcIaI qll8l111ed Ia
edmln1sl8r allhS. Shaw data oJ uptrallan of Nol8ry's c:ammlsalan.)
Form RW.06 Rev. 11J.13.2/JDB
Copyright (0) 2006 Iorm saftware cnIr Thu 1..adul8I' GIllUP. Inc.
COMMONWEALTH OF PENNSYLVANIA
NolariaI Seal
[)eoiseM. Long. ~
OenYTWP.. ~kv25 2011
ComfT\iSSiol"I ExpireS ...-, .
Me:er. Pennsylvania A.ssOClatlon of Notaries
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RENUNCIATION
REGISTER OF WILLS OF
CUMBERLAND
COUNTY. PENNSYLVANIA
Estate of Anne W. Waddington
I Deceased
in my capacity/relationship as
I, Ruth A. Patrick
(PrlII/_J
Co-ExecutorlDaughter
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Thomas V. Waddington
9-d/-O 7
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(SIgna,...) Ru A. Patrick ',~"" 0
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128 Victoria Drive
(SInIel Address)
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(CIIy, SIaIa, Zlp)
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Executed in Register's Office
Sworn to or affirmed and subscribed
before me thll: day
of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this ,}-I day
of (:f Ib1 bel- ,)f 0 1
Deputy for Register of Wills
Notary Public
My Commission Expires:
(SIgn.lura Bnd .88' of Nolary or DlhBr aIlld.1 qualified 10
.dmlnls1er DlIIhs. ShaW dlI18 ofaxplnlllan ar NaIIIy's CllI'I1Il1INlan.)
Farm RW-DS RD.. 10.13-2006
Capyrtghllc) 2006 rann aDllw8fe IllIly The Lackner G1aup, Inc.
COMMONWEALTH OF PENNSYLVANIA
NoIariaI Seal
Denise M. Long, Notary PubIc
Deny Twp., Da\.4Jhin Cou1ty
My Commission E>lpires May 25. 2011
Member, Pennsylvania Association of Notaries