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HomeMy WebLinkAbout12-07-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Ronald Baker also known as Ronald A. Baker CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-07- \ \ \ ~ , Deceased Social Security Number 181-32-3130 Keith Baker and Denise Mancuso Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) [!J A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors last Will t:>f the Decedent, dated 08/21/2007 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: o B. Grant of Letters of Administration (If applIcable, enter: c.t.a.; d.b.n.c.t.a.; pedente lIte; durante absentIa; durante mmorl/ate) 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 (COMPLETE IN ALL CASES.1 Attach additional sheets if necessary. ) C Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal resi~~ at Y' 93 East Main Street, Walnut Bottom, South Newton, Cumberland, PA 17266 (List street address, townlcity, township, county, state, zip code) I"'--:) <=:t = --J rr1 C"") -.I \D Decedent, then 67 years of age, died on 12/0412007 at 954 Kennedy Lane, Elizabethtown, PA 17022 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 200,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 500,000.00 situated as follows: (1) 93 West Main Street, Walnut Bottom, South Newton Township, Cumerland County, PA 17266 (Tax Parcel No. 41-12-0326-051); (2) Parcel In Cooke Township, Cumberland County, PA (Tax Parcel No. 07-14-0161-014); (3) South Newton Township, Cumberland County, PA (Deed Book W, Vol. 19, Pg. 174); and, (4) Hurley Drtve, Southhampton Township, Franklin County, PA (Tax Parcel No. 21-oN06R-002 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: -selL- Keith Baker Typed or printed name and residence 954 Kennedy Lane Elizabethtown, PA 17022 Signature 717-944-5974 Denise Mancuso 6188 Poplar Path Elizabethtown, PA 17022 717-702-4472 Form Rev. 10-13.2006 Copyright Ie) 2006 fonn software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative } SS } 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. before me this day of ~"f:iLJ~,~"" Keith Beker ~ {)k (. tJ' /,7 /u 4<'''''' ~ g,(a u 0 ersonal Representative Denise Mancuso Sworn to or affirmed and subscribed File Number: 21-07- \\ \~ (') ~O ,.c,~:O ','-'-0 ;:-'-. p )~~.. '''>rn : ~~; 5? ';8';;;:; C :XJ ~u -. ):;~ ........, = = --.J o f"T1 r-'\ ') ) Signature of Personal Representative , , -...J 1 f :l> :Jt ( -~) -= ", I '-0 Estate of Ronald Baker , Deceased Social Security Number: 181-32-3130 Date of Death: 12/0412007 AND NOW, CY;~~ 1 d-DO '\ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Keith Baker and Denise Mancuso in the above estate and that the instrument(s) dated 08/21/2007 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. ~~~ 4'~-.- - ~ A.,~,S;g""""" ~ ')= __ Edward P. ~eeber FEES Letters.............J.?\?~.<?.?..... $ Short Certificate(S).........~.?........... $ SID 4-0 Renunciation(s).. .............. ............. $ WI\\ $ \S ~C? $ ID ~_ -+0 $ 'S" $ $ $ $ $ $ Attorney Name: Supreme Court I.D. No.: 76084 James, Smith, Dletterlck & Connelly, LLP Address: Suite 204, 5020 Ritter Road Mechanlcsburg, PA 17055 Telephone: 717/533-3280 TOT Al...... .............. ................ $ S'f3') Form RW-D2 Rev. 10.13-2006 Copyright (C) 2006 form software only The Lackner Group. Inc. Page 2 012 H105.805 REV (01/07) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 14007179 This i~ to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forward . to the State Vital Records Office for per t filing. Certification Number o( ~\D\\\\cl ("') Co <"".'- ::D -0 l~O .)~~ L..-O u5~ ."^- Of) ;b~n STATE FILE ~c r--..> = c:;:::) --.J o rrl CJ -.J H105.143 REV 1112006 TYPE I PRINT IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) ::J;:lIlo ::i: . 16. OeC9dent's MeiingAciiresS (9reet, city I town, stale. zip code1 93 East Main Street Walnut Bottom, PA 17266 lB.F_......(F...._.los1.SlJIJix} Preston W. Baker 208. Informant's Name (Type I Print) Keith S. Baker Decedent's Actual Residence 17a. SIale Death (Month, ~ar) ecember 4.,-2007 1. Name of Decedent (RBI. middle, last, suffix) Ronald A. Baker 5. """IUost Blnhday) ~ all,." 6. Dale of Birttl (Month. day, 67 Bb.C<>unlyoflJoa'h 1-9-40 Shippensburg, ed. Facility Name (" not institution, give street and number) DOIher . Soealy' 10. Race: American Indian, Black, While, etc. I~ Dauphin Twp. 954 Kennedy 12. Wa6 Decedent ever in the U.S. Armed Forces? Dves IJONo White 17b. Coon~ Cumberland 14. Marital Salus: Married, Never Married, Widowed. Ilivor<:ed (~ Divorced ();d Decedent Uveina Township? ltc. 0 Yes, Oealdent lived in 17d.1Xl No. _ntlNedwtlhi, AduaJ liniIs 01 T"ll. PA Walnut Bottom CilylBoro ~ " ~ ;j! 19. MoItler's Name (First, middle, maiden surname) Gladys V. Meals 2Ob. Informant's Mailing AddI'8S$ (&reel. city f town, state, ~ cede) 954 Kennedy Lane, Elizabethtown, 21c. Place of Disposition (Name d cemetery, aematory or ot/1ef place) Spring Hill Cemetery PA 17022 21.. l.ocatOO (City/_......,.,code) Shippensburg, PA 17257 Funeral Home Inc., 17257 =~~~=~~ .. ~.fh<;h't Due to (or as a consequence of): c..1.,y~ ~CtK 28. Did Tobacco Use Contribute to Dealh? Dves DProbollly DNo ~ 29. II Female: DNoIpregnantwili'"""year D I'<egnanl 81 lime of de,'h D NoIpregnant.l>u1pregnaolwtlhin42daY' 01 death D NO pregnant. I>u1pregnarll43dayslo , year before de"" o Uf\known~pregnanlwilhi'l1hepaslyear 32c. Place of Injury: Home, ~arm, S1reel. FacIef)', Oft"llullding."'.(Spec;Iy) ~iaIIYIist(:oodiIions,Kal'ly, 10 ltle cause Iis1ed on nne a. E~r UNDERLYING CAUSE ="~~~m":.,~Ji'" b.. Due to (or as a consequence ot): Due \0 (or as a consequence 01): DYes I&.No d. 301>. Were A~opay Findings Available POOr to Completion 01 Cause at Death? DYes E1No 31. Manner 01 Death ~181 D- O- DPending_1ion o SWc;d, D Could Nol be Delaminad 32d. Tme oIl~ 3Oa. Was an Autopsy perfonne<l? M. 32'." T,ansporlalion Injury (Spec;Iy) D/JriYerIOperator DP~r Dp- OIl..,.Specllr 33b. Sigl8ture 8lld Tale of Cerlifier 32g. location of Injury (Street, city Ilown, s\ate) 33a. Certifter (ctleCk only one) . Cor1lIylng pllyalclan (Physician certiiy;ng cause 01 death wile, ,nolhe, physician has pronounced dealh ,nd COl1Ipia1ed tlem 23) To the beSt of my knowtedge, death occurred due to the caule{s) and manner as fllBted..__..................... _................................... ___................. i=::~ a: :lfying phY'ic~~= ~':"'da~~:e~ .:=;:we:~:~ manner as stJIed-_ __ _ _ _.. _ _.. _ _.. _.... _ 0 MedlClI ElCamlner I r On the basis of e nation and or m\lestlgatlon, In m 35,Aegislrar's~1 ~ . Oisposilion Permit No. d.) Ol \\,~ OF () ~o TI~~ Cit) . ~-) () ~1--' ~) ~~; 5-1 ~ <=> = --J CJ Pi (J LAST WILL AND TEST AMENT -' :no ~ RONALD BAKER - .. \.D I, RONALD BAKER, having my legal residence in Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE I declare that I am unmarried. ARTICLE TWO I have three children, DENISE MANCUSO, KEITH BAKER, and LISA GA YMAN. I have intentionally and with full knowledge chosen to exclude LISA GA YMAN from any distribution under this Will. ARTICLE THREE I direct the payment from my estate of the expenses of my last illness and funeral as soon after my death as conveniently may be done. ARTICLE FOUR I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, I give all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon in equal shares to my daughter, DENISE MANCUSO, and my son, KEITH BAKER, per stirpes, provided they survive me by thirty (30) days. If my daughter or son and their descendants fail to survive me by thirty (30) days, or are unable to agree as to distribution, all such items shall be sold and the proceeds distributed with the residue of my estate. ARTICLE FIVE I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate in equal shares to my daughter, DENISE MANCUSO, and my son, KEITH BAKER, provided they survive me by thirty (30) days. If any beneficiary does not survive me, his or her share shall be distributed to his or her descendants, per stirpes. If the deceased beneficiary has no surviving descendants, his or her share shall be distributed to the surviving beneficiaries named in this Article Five of this WilL 2 ARTICLE SIX No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE SEVEN Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or IRA assets. ARTICLE EIGHT I appoint my daughter, DENISE MANCUSO, and my son, KEITH BAKER, or the survivor of them, as Executor of my Will. If none of them are unable or unwilling to serve, I appoint my daughter-in-law, CHERYL BAKER, as Executor of my Will. I give to my Executor, 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 Executor, without further order or license of the Register of Wills or of any court: 3 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. 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; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To manage, control, repair and improve all real property; 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor to protect the Executor and the estate against any hazard; 9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, care, administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the estate until final distribution of the estate assets; and 4 11. To continue all business operations for those businesses which I hold an interest. 12. 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 their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executor to administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. ARTICLE NINE I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total 5 mcome and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. ARTICLE TEN I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. IN WITNESS WHEREOF, I have this a \ -:$ day of August, 2007, set my hand and seal to this my Last Will and Testament, consisting of six (6) pages. ~~~~~ RONALD BAKER 6 SIGNED, SEALED, PUBLISHED and DECLARED by RONALD BAKER, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as fZC!/ ) /~ / .. i~~A- uUL .Residence Residence 7 h.lt.~Wv oLe.., 0lA'4 I /J /4 / 7tJ \-U vtmf L~CLlUc.&b U tj I PA- /1-0015 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu.m'o.t--\crd SS We, RONALD BAKER, L(lwtt/L( r. >.f...(..;i.;,~ and "U V\VlI,KV Fl-LLL-, Testator and witnesses, respectively, whose names are signed to the attached and 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 and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~~ , RONALD BAKER Te tor ~~il, Subscribed and sworn to and acknowledged before me by RONALD BAKER, the Testator, and subscribed and sworn to before me by f/l wee vii P. See Ix V and :K n VllfCr ra II{ , witnesses, on this ~ day of August, 2007. J fjt=u J jj;J:II ~ ary Public COMMONWEALTH OF PENNSYLVANIA No1ariaI Seal Julie K. Green. Nolary Public Lower Allen Twp., Cl.ITlberland County My Commission Expires March 14, 2011 ber, Pennsylvania Association of Notaries