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HomeMy WebLinkAbout10-18-07 P.ETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYL VANIA Estate of Betty L. Driver also known as File Number ~/-07-m<f:L . Deceased Social Security Number 190-22-4383 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OT 'B' BELOW:) IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated March I, 1988 and codicil(s) dated named in the (State relevant circumstances, e.g., renunciation, death of executor, etc.) ..-:-;: ~,--) . __, J c" ::"""~,) .~". c::J . Q ...._" .. , Cl -;-} -.! ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution oftheil1s.~menteroffered , ? .n~, for probate, was not the victim of a killing and was never adjudicated an incapacitated person:' '","; " o B. Grant of Letters of Administration (/fapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; duranti'minoritate) 1',) c..n 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.c.t.a., enter date of Will in Section A above and complete list of heirs.) I Name Relationship Residence I Donald E. Driver Husband 309 Glendale Drive, Shiremanstown, P A 170 II (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessaTY. Decedent was domiciled at death in Cumberland 309 Glendale Drive. Shiremanstown. P A 170 II (List street address, townlcity, township, county, state, zip code) County, 'pennsylvania with)1is / her last principal residence at L-DvJ<(, 1f{I~.... 1a~"", Decedent, then 77 years of age, died on October 5, 2007 at 309 Glendale Drive, Shiremanstown, PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in P A) 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 $ S"'()t~' tH> $ $ $ situated as follows: 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: S i nature T ed or rinted name and residence ~ o.~C~~ Donald E. Driver 3~1 G/~ ll~~-f ( 7d{{ Form RW-02 rev. 10.13.06 Page 1 of2 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 belief ofPetitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the I 'i? t-h day of 5fi~~:~a-r;pku xQ~e~ Signature of Personal Representative Signature of Personal Representative i'...) ;:.::,:::~ (;';.;;;) _4 c:> Signature of Personal Representative :-: . C) co .",- .I File Number: Bf - 07- Cf1t.fd.- r..) Estate of Betty L. Driver , Deceased en N Social Security Number: 190-22-4383 Date of Death: October 5, 2007 AND NOW, &. hJ.I JtJt..J / f , .:J DO 7 ' in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Donald E. Driver in the above estate and that the instrument(s) dated March 1, 1988 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters............... $ qD,tJO Short Certificate(s) . . . . . . .. $~ .......... $ . .. $ 15, DO .. . $-J f) OD . .. $ i5.('Jn .. . $ ...$ ...$ .. . $ .. . $ ...$ TOTAL.. .. .. .. .. . ... $ I {PO.oo Attorney Signature: Attorney Name: Supreme Court J.D. No.: 15641 Address: 78 West Pomfret Street Carlisle, P A 17013 Telephone: 717-243-0123 Form RW-02 rev. 10.13.06 Page 20f2 LAST WILL AND TESTAMENT \"-'~ OF BETTY L. DRIVER t. ; _I r--, i, ) (~:J ......... .) I, BETTY L. DRIVER, of Shiremanstown, Cumberland County, " - I Pennsylvania, declare this to be my Last will and Testament and~; revoke any wills previously made by me. ITEM I: I direct that all my just debts and funeral expenses, including my grave marker and any expense of my last illness, shall be paid from my residuary estate as soon as practical after my death as a part of the expense of the administration of my estate. If there be no cemetery lot available for my interment, owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care and such funeral arrangements as my daughters, BETH E. DRIVER and KATHY A. SCHAEFFER shall select and contract for, using therefor funds from my estate, and I authorize and direct that my personal representative shall cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. ITEM II: I bequeath my automobiles and personal effects, such household goods, if any, as may be my individual property and not the property of my Husband nor owned jointly by me with him, and other tangible personalty of like nature (not including cash or ~ securities, and also not including the contents of the hereinafter referenced safe deposit boxes), together with any existing insurance thereon, as set forth in a separate memorandum which I shall place with my Will to the persons therein designated. If I shall leave no separate memorandum, or with regard to my automobiles, personal effects, household goods, and other tangible personalty of like nature (not including cash or securities, and also not including the contents of the hereinafter referenced safe deposit boxes) not referenced in such memorandum, I bequeath such property to my Husband, DONALD E. DRIVER, if he survives me by thirty (30) days. Should my Husband, DONALD E. DRIVER, not be living on the thirty- first day after my death, I bequeath such tangible personalty and insurance thereon to my Daughters, BETH E. DRIVER, and KATHY A. SCHAEFFER, or the survivor thereof, to be divided between them by my Executor with due regard for their personal preferences in as nearly equal shares as practical. ITEM III: I give and bequeath the sum of Two Thousand Dollars ($2,000.00) to IRENE ARBOGAST to be paid from the personal property, bonds, certificates of deposit, bank accounts, and other personal property, both tangible and intangible, found in Safe Deposit Box Number 532 at the Commonwealth National Bank located in Shiremanstown, Pennsylvania, at the time of my death. I give and bequeath the rest of the personal property in safe deposit box 532 to my three children, BETH E. DRIVER, KATHY A. SCHAEFFER, and BRENDA K. DRIVER, in equal shares, per stirpes. Any such property 2 distributable to my daughter, BRENDA K. DRIVER, shall be added to such other trust created herein for her behalf. ITEM IV: I give and bequeath all the personal property, tangible and intangible, found in Safe Deposit Box 788 at the Commonwealth National Bank located in Shiremanstown, Pennsylvania, at the time of my death to my Trustees hereinafter named IN TRUST for the benefit of my Daughter, BRENDA K. DRIVER, in accordance with the terms of the Trust which shall hereafter be set forth. ITEM V: I devise and bequeath the residue of my estate, of every nature and wherever situate, to my Husband, DONALD E. DRIVER, provided he shall survive me by thirty (30) days. Should my Husband, DONALD E. DRIVER, predecease me, or die on or before the thirtieth day following my death, I devise and bequeath the residue of my estate, of every nature and wherever m ~ situate, in three (3) equal shares as follows: A. One (l) share to my Daughter, BETH E. DRIVER, if she survives me, and if she does not survive me, her share shall be distributed to her issue, per stirpes, and in default of such issue, her share shall pass in equal shares to her Sister, KATHY A. SCHAEFFER, in accordance with Subsection B of this Item and to my trustees hereinafter named in accordance with Subsection C of this Item. B. One (l) share to my Daughter, KATHY A. SCHAEFFER, if she survives me, and if she does not survive me, her share shall be 3 distributed to her issue, per stirpes, and in default of such issue, her share shall pass in equal shares to her Sister, BETH E. DRIVER, in accordance with Subsection A of this Item and to my trustees hereinafter named in accordance with Subsection C of this Item. C. One (1) share to my Trustees hereinafter named, IN TRUST, for the benefit of my Daughter, BRENDA K. DRIVER, in accordance with the following purposes and instructions: 1. TRUST PURPOSES. The Trustees shall hold, manage, invest and reinvest the Trust res and shall collect and receive the interest, income, rents, dividends, and profits therefrom and shall dispose of the principal and interest of the Trust and of the corpus ending the Trust in the following manner: (a) It is recognized that the beneficiary of this Trust, BRENDA K. DRIVER, is a specially gifted individual and that as such, the Trustees are given, in their sole and absolute discretion, authorization to spend principal and income of this Trust only to enrich the beneficiary's life experiences. The Trustees in this regard are specifically directed not to pay any of the income or any portion of the principal for the general maintenance, support, medical expenses and/or education of the beneficiary, BRENDA K. DRIVER, as those expenses have been provided for otherwise. It is the Settlor's intent that the monies to be spent on the beneficiary, BRENDA K. DRIVER, pursuant to the provisions of this Trust shall not 4 be used to offset, pay for, or reimburse the beneficiary, any state agency, any medical provider, or any other third party for the maintenance expenses, living expenses, housing expenses, medical expenses, medical insurance expenses, maintenance, and/or support of the beneficiary, but, instead, to pay and provide for all those items which are not otherwise provided to the beneficiary from her own financial sources, third party sources, state sources, federal sources, or any other source and said monies are to be spent by the Trustees upon services or materials which will enrich the beneficiary's mental, physical, moral and spiritual needs and which needs are not as aforesaid otherwise provided for. In reaching a determination to make payments to the beneficiary, BRENDA K. DRIVER, my said Trustees shall give primary consideration to the other sources of income and/or benefits available to the beneficiary, sources of income from her own sources, or those of third party and/or federal or state agencies. In the event BRENDA K. DRIVER'S sources of income and/or federal, state or local benefits exist to provide for the maintenance, living, housing, support and medical expenses, and educational needs of the beneficiary, then the Trustees are specifically directed not to pay any income or any portion of the principal of this Trust for those items until such time as the beneficiary no longer can afford to pay for 5 '- the same and/or has exhausted any and all federal, state and local agencies for payment of the same. (b) In the event of the death of the beneficiary, BRENDA K. DRIVER, before the complete distribution of corpus and undistributed income of this Trust is achieved, this Trust shall then terminate and any remaining corpus and undistributed income thereof shall be distributed to the beneficiary's then living descendants in equal shares per stirpes, or if none, then to BETH E. DRIVER and KATHY A. SCHAEFFER in equal shares, per stirpes, or if none, to the heirs at law of the deceased beneficiary, BRENDA K. DRIVER, as determined by the laws of the Commonwealth of Pennsylvania. 2. SPENDTHRIFT PROVISIONS. Any and all payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to the aforesaid beneficiary shall be made upon the sole receipt of the respective individual to whom payment is made, free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of the beneficiary, BRENDA K. DRIVER. All shares of principal and income herein shall be free from anticipation, assignment, pledge, or obligations of the beneficiary, BRENDA K. DRIVER, and shall not be subject to any execution or attachment. ITEM VI: Any amounts or property which are payable or 6 , distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. ITEM VII: My Executor, Trustees, and Guardian and their successors, shall have the following powers in addition to those vested in them by law, and by other provisions of my Will, applicable to all property, whether income or principal, including property held by minors, exercisable without court approval, and effective until actual distribution of all property: A. To hold any or all of the Trust Estate in the form received. B. To sell at public or private sale, to mortgage, pledge, or hypothecate or to exchange or lease (including lease for a period extending beyond the term of this Trust), any stocks, notes, securities, real estate, minerals, and other Trust property, upon such terms, cash or credit, or both, as it may deem advisable. c. To invest and reinvest the Trust Estate, without limitation to trust or authorized investments, in investments of any kind, real or personal, including, without limitation, stocks, bonds, notes, mortgages, lands, minerals, royalties, leaseholds, participations in partnerships, joint ventures, and other business enterprises. 7 D. To construct, add to, repair, or demolish (in whole or in part) any improvements upon any Trust Property. E. To participate in any reorganization, consolidation, merger, or dissolution of any corporation, the stocks, bonds, or other securities of which may be held at any time as part of the Trust Estate and to receive and continue to hold any property which may be allocated or distributed to it by reason of participation in any such reorganization, merger, or dissolution. F. To make or hold investments or any part of the Trust Estate in common or undivided interests with other persons, corporations or trust. G. To demand, receive, receipt for, sue for, and collect any and all rights, money, properties, or claims, to which this Trust may be entitled, and to compromise, settle, arbitrate, or abandon any claim or demand in favor of or against this Trust. H. To borrow funds for this Trust in such amounts and for such purposes as to it shall seem for the best interest of this Trust and the beneficiary thereof, and to purchase property on the credit of this Trust, and in connection with such borrowing or such purchase, to execute and deliver promissory notes or other evidences of indebtedness of this Trust and to mortgage or pledge all or any part of the Trust Estate to secure payment of such indebtedness, and to repay such indebtedness, out of the Trust Estate. I. To employ agents, legal counsel, brokers and 8 assistants, and to pay their fees and expenses as they deem necessary or advisable to carry out the provisions of this Trust. J. To vote in person or by proxy any shares of stock which may form part of this Trust. K. To lend money to any person or persons upon such terms, but with adequate interest and security, as it may deem advisable for the best interests of this Trust and the beneficiary hereunder. L. To elect, appoint and remove directors of any corporation, the stock of which shall constitute Trust Property, and to act as a director and officer of any such corporation. M. Generally, and without limitation by any specific enumeration herein, to manage, control, operate, reconvert, invest, reinvest, sell, exchange, lease, mortgage, pledge, pool, or otherwise encumber and deal with the property of this Trust, for and in behalf of this Trust and the beneficiary thereof, to the same extent and with the same powers that any individual would have in respect to his own property and funds. N. The Trustees may freely act under all or any of the powers by this Trust given to it in all matters concerning this Trust, after forming their judgment based upon all of the circumstances of any particular situation as to the interest of this Trust and the beneficiary hereunder, without the necessity of obtaining the consent or permission of any person interested 9 therein, or the consent or approval of any court, and notwithstanding that they may also be acting individually, or as trustee of other trusts, or as agent for other persons or corporations interested in the same matters, or may be interested in connection with the same matters as stockholder, director, or otherwise, provided, however, that they shall exercise such powers at all times in a fiduciary capacity primarily in the interest of the beneficiary hereunder. o. The powers herein granted to the Trustees shall be deemed to be supplementary to and not exclusive of the general powers of trustees pursuant to law, and shall also include all powers necessary to carry the same into effect. ITEM VIII: No provision of this will is intended to exercise any power of appointment. ITEM IX: I appoint my Husband, DONALD E. DRIVER, Executor of this, my Last Will and Testament. Should my Husband, DONALD E. DRIVER, predecease me or for any reason fail to qualify as such Executor, or fail to serve as such Executor, then I nominate, constitute and appoint, BETH E. DRIVER and KATHY A. SCHAEFFER, as my Co-executrixes of this my Last Will and Testament. ITEM X: I appoint my Daughters, BETH E. DRIVER and KATHY A. SCHAEFFER, or the survivor thereof, as Co-Trustees of the Trust created by this my Last will and Testament. I suggest and 10 authorize my Co-Trustees, or any replacement or succeeding Trustees, to contract with a corporate fiduciary to manage my Trust assets. The corporate fiduciary shall have no authority or responsibility for exercising discretion regarding distributions from the Trust. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last will and Testament, consisting of eleven (11) typewritten pages, each identified by my signature, this / day of ~.L , 1988. (SEAL) 11 COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) WE, Betty L. Driver, Taylor P. Andrews, and:$\.....""o.'" :5....,,100' " , the Testatrix and witness, respectively, whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as and for her Last Will and Testament and that she signed willingly and that she executed the same as her 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 the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Subscribed, sworn Driver, the Testatrix, before me by Taylor P. witnesses, this / ~r to and acknowledged before me by Betty L. and subscribed to and sworn or affirmed to Andrews and s\o-....,.."..... $..^_".", day of , , 1988. Nwfl,~81~. Carlisle Bora, My CommIssion 12 SEAL) otary Public mber/and County xplres Sept 23. 1991 Ulr1~_~/1." ~.t:::V (/11/"''";1 8/-07- CJCjLf;;L LOCAL REGISTRAR'S CERTIFICATION OF DEATti WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Certification Number This is to certify that the infomlation here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Of . ermanent filing. ~" R- OCT ) 0 f007 P 13814910 Date Issued i"'~_) C:::J C---:J -~l {::J (-j. --4 , ' C.D -0 Hl1)5-143 REV lln006 TYPE' PRINT IN PERMANENT Bl.AO< ... COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and ..amples on reversal N (J1 ,~ ."'.,...1 7.~ fts&lllOl STATE FILE NUMBER I, NIrfIe c:J 0tcedIIN IFnl.lIlI:dI, tasI. SUlhI s, AQt (lMI Bi1hcay) Betty L. Driver l,lWIoI8i.e. .. o.le Q/OtaUlIWonch, day. ytMI Oct. 5, 2007 77 Aug. 3, 1930 ;;../ ..CGwntyolOealtl . 0..unber land Ill, F~.Nlmtl.noc~. Qift......,~ 309 Glendale Dr. 0""",._ 10 Race ~k'Oafl.SloJa..WI'llIe._ ,- !.hi te !l,OkedIr(.liSuII nlOSlOl ".001101_ Labor ....~- F:C!~""'" - li,o.c:.o.nr.MiIiIng.......(sar.ec.~IIOWn._....q>>c:ooel 309 Glendale Dr. . Shiremanstown, Pa. 17011 12. _ DIoIdInl fVel:" !he U,S. Anned FOfCt$~ 0... ~ 1......... SI:Iu: u.m.d. ~ Mar-r..o. -.-1- Married _. ~ AeIidefa 17. SI&t 17t/,Ccu'\ly Pa. 0..unberland llMl_ l.Ne~. -' 17c.O v..0IcI0tnl\.Md1ll 17c:l.iXHo.Dec:edInll../wttOlflIIWWt Ac:lullLiYlGoI I.. Shiremanstown c.,Boro ~ II, F.".,..s NImI IF.,. midcIt. lht.1Ul!!l !:lIIerson Arbogas t 2OI.ltlIonnanr'Name(T'fPe/P'lW) Donald E. Driver i 0- 0""- 21'_~_(_..,.1N'l ! ~"':'::.."';'""'" 0,. 0.. Oct. ptr1tCrIlCIing.suc:h1 2a.~NIInbIr II, ""s Namt (Fftt tRiocIt.1nIIdIn MnInIe) Irene M. Graeff ....jQ9G~n'd.;t:D'i'.";"sMr:nans town, Pa. 17011 ~ . ~ 21e. PIa 01 DiIpoeiion (Namt 01 celftMIry. Cl'IIIIIklly.. ohr pilot) Orchard Hills Cemetery 2IO.U:QllonIQy/lOMI...... q:l0Ddl) Shamokin Dam, Pa. 17876 Cue to 1 f ~..... : 0nMI100Mll ;k :~ u,i~ PM I: en.. oIW IimiIcMI mndiIian.I ~Ilinn In duItI. bwl nol...... II "IofldIItp'lgCllYM 9YWl1fI PM I 22c.NllNana..........oIFIldIty o T Zweier Funeral lHr/o I ~hr// /J2. ~'ph ZI. Did Tobac:c:o Use Conlrb.iIt 10 OIafl' O'''~- 0.. 0- ,......... 8!NolPff9Ni1\WlUWlpaslytal o Pr~lal\ll'htOldNln o Nolp'tl1\iIf1I.l;J.,ilP'tqnanl""'"420avs ~""~ o NolprtqNl'll,tuprll\Pifll"3G1!'$101)'N1 --- o Unknown It pr..,..... "MIhIn \tie PUI ,.. 32c~oIlnfutY..Home,Farm ~tfI.FICIO"/ 0Ilict~''''(~! ~"CGlldiIIonI.ltanv. IMdnQ 10" cawe IIs&ed <<In. e... h UNOIftlYJNG CJ.uSf. =.::.:l;'. 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I II 5H o.$pOSlllOnPetm/l No BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF RUTH B.GRUSCHOW, DECEASED NO 21-07-0786 AND NOW, this 18th day of October, 2007, Letters Testamentary in the Estate of the above-named decedent having been granted on October 3,2007, to Robert Gruschow in the Estate of the above-named Decedent, and the instrument dated December 14, 1987, having been admitted to probate as the last Will of the above-named Decedent, the originally named executor having predeceased the decedent and renunciations filed from the named substitute executor, as well as from the residuary heirs in favor of Robert Gruschow, IT IS HEREBY DECREED that Letters Testamentary previously granted are hereby revoked and Letter of Administration c.t.a. shall be granted to Robert Gruschow. The administrator shall have all the rights and duties of a fiduciary under the laws of Pennsylvania and shall continue with the administration of this estate according to law. iGlenda Farner Strasbaugh Register of Wills cry o W- co C)