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HomeMy WebLinkAbout12-13-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of also known as P J'. Tn.}f' MORROW File Number }.\ 0\ \\~~ , Deceased Social Security Number 242-12-0275 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) IX] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated May 8,1991 and codicil(s) dated None It" if'.: f'.:l1gp;Pf'.:t"Pi! t"nl'lt Gerl'lldine R. Morrow. wife of Decedent, (Personal Representativ~ Ex e C 11 t r i x / named in the died on November 15, 2007. (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: Non~ o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) 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 db.n.c.t.a., enter date a/Will in Section A above and complete list o/heirs.) Name Relationship Residence ~ <::::> <::::> (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. ,? --.J . ..~ ~ 0 ......-. County, Pennsylvania with his / her last principal re&id~e at ~33 '~asti; Mechanicsbur 17050) ",:c;b _ ,.~:; w Decedent, then 86 <~~) r-,\ ( -. years of age, died on November 30. 2007 at Harrisburg Hospital~iJarr~burg'; !fJ. 'J.J - - r " -.1.,) _.~ "" , ,..; 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 .r:- 1..0 $ 50,000.00 $ $ $ None '.) 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: T ed or rinted name and residence Cynthia A. Gorski 1363 Shuman Drive, Carlisle, PA 17015 FormRW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEAL TH OF PENNSYL VANIA 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) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. before me the 13 day of Sworn to or affirmed and subscribed Signature of Personal Representative Signature of Personal Representative File Number: ~\ ()\ \\d-.<b o '::=0 ~~.~ i :-T"l D~G , ec:eLn ::'-:J W Date of Death: November 30~:; ~07 ,e_) :'C'\ ;~,-'; ~: ~ : ;-~ , in consideration of the foregoing Peiif~, satistitCtory pro6fi :...-~ ..:'.'~ (' 0) Testamentary) .s:- " \.0 r-;) c:::> = --' Estate of PAUL M. MORROW CJ ,-"I ,,) Social Security Number: 242-12-0275 AND NOW, ~~~}C(\~'\ \-0 , 2007 having been presented before me, IT IS DECREED that Letters are hereby granted to Cynthia A. Gorski in the above estate and that the instrument(s) dated M::l)' 8. 1991 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s FEES ~, - -, Letters .....SQ10~.. $~ Short Certificate(s). .S-.... $ ;>0 Renunciation(s) ........" $ 0) \\ . . . $ \. S o L~ . .. $ \b ~b ...$ 5 .. . $ ... $ ...$ ...$ .. . $ ...$ TOTAL.. .. .. .. .. .. .. $ I~DCV ~ Attorney Signature: Attorney Name: Ricnard C. aR81bak8r Supreme Court I.D. No.: 11-6355 Address: 44 West Main Street M",,..'h,,,n;cc:'hll1'"g, PA 170,),)-O'ilR Telephone: (717) 697-8528 Form RW-02 rev. 10.13.06 Page 2 of2 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, $6.00 P 14124361 Certification Number .... This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. vf~ R~ i~ /.;5 /0'1 Local Registrar Date Issued ,....., <=> = --' CJ r~rl (""""J w C~) :P- -n ::x: .:0 --i Hl05.143 REV 1112006 TYPE I PRINT IN PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions end exemples on reverse) .::- \.0 8. Date of Birth (Month, di, 11') 7. ( and"or Nov. 29, 1921 Asheville, NC 86 v~ 8b County 01 DEealh 8d Fadlily Name I' noI_, ~ _ and numbe~ Harrisburg Hospital Dauphin 11. Decedent'sU$Ua1 tion Kfldofwor\cIone mo6l of work- IIfe,Donolstal8retired Kiod~WoIl< Kiod~BuonessI_ Blood Bank Spvsr. Hallth Qo:e . 16. Decedent's Mailing Address (Street, city / klwn, Stale, zip code) 4837 E. Trindle Road Mechanicsburg, PA 17050 18. Father's Name (FIr$I. midlIe, last, dUll Jolm Farle l-brrow 2Oa. InIomlanI's Name (Type I Prinl) Cynthia A. 21a. Method 01 Oisposition 12. Was 0ecedenIlJV8( in !he U,S. Armed Fon::as? IXI Ve. ONo -. Actual Residence 17a. State Pennsylvania CUmberland '70. Coonty Ilid_ liYei'l1 Township? 17c. DC Yes, Oecedenl LiYtd in Hamp:len 17..0 No,___ ActuIIIlmit&oI Top Colyllloro 19. MoIher'a Name (First, rriddIe, maiden swname) Ida Duckett 2Ob.-.-.u_I_,cily/-,_,..._1 1363 Shuman Drive, Carlisle, PA 17015 Approxirnlle inlerval: Part t1: Enter oeh&r sialibnl r.:ol'dions awfilutino 10 daaIh, 28. Did Tooac:co Use C<nnbuat to ONI\? Onset to Oeafl but not reUing nthe und&/tyiIlg cauM given in Part I. 0 Va 0 PlObatJIy ONo OUnknown 29. ,""".." 0...__""""", o p,_el....~_ 0..."'_...._."""...." ~"alh 0..._,..."'_.....,...."'" bebe _ 0-.",__...""""", 32c. Place 01 tnpy: Home, FItl'A, SIreel, Fac1Ory, """'~.elc(Spd'l 321 It Transpor1alion Irf.lrY (SpedIy) OD"",,/Ope_ OPessenge< 0_.",," M. Giller. Specify: 33a Cerutiel(~onIyonel ~.SignalureandTrlleol~rtih8r_ A /Y ~~~r::=:,n:':::::'de~~~~~~=~::,,~..~:Ul..~~~~~:,~~.................................. D r )./-:2J/ tJ ~;==~ -: ~~~~oc'c~::i: :~i:'~=~~ ~~ ~~~l~au=~:~ mInnIf.. al8ted.................................... ag n:.laose NuITtler ~:'aj=.":.n::~= and I orlnveatiption, in my optnion, death occurred at the time, date, and ptac:e, and due 10 the cauM(a) and manner.. aIISM.. 0 ~ '" .. :ii AtJtJ ~=s~~~)~ e. \>"L.Udb ....................... '" r~D() S Due to (or as a consequence o~: L.bLI,s =:t~'~~a. EnIir Ile UNDERlYING CAUSE ~~ase~n~~re b. Due to (or as a consequence of); Due to (or as a consequence 0#); JOa Was an Aliupsy P- n.WereAutopsyFinOOgs AvailablePriOrto~lion ot Cause 01 {)Qalh? 31. Manner 01 Death )CJ. Nalural D Homicide o Accident 0 Pending Investigation o SUICIda 0 Could Not be DelelTl"lined 32<1. TllTI8 of Injury o Ve. DlI No OVe'.ONa 230. Dale SOgned (......, ..." yea<) 26. Was CaIe Refened to MecicaI Examiner / Coroner lot a Reason Olher lhan Crtmalion or DonMion? OVe. Of No 32g. Location of Injury (StreeI, city 1 !own. slate) I ~ ! I~ Ii I A I L I ?I " ~QJI~ 2z I? l:1J , '-- fJ11 ?/L) LAST WILL AND TESTAMENT OF PAUL M. MORROW I, PAUL M. MORROW, a resident of the City of Spring Hill, Hernando County, Florida, do hereby make and declare this instrument to be my Last Will and Testament, hereby revoking any and all Wills and Codicils I formerly may have made, except the Revocable Trust referred to in herein, if the same is determined to be testamentary. ARTICLE I: DISPOSITION OF REMAINS CJ . =~'J " J r"- ~ >- .~~ 1'-.> C~ ('::.;,;;) -.... ..-~... ~~ rq C'J "-. ':-.,,-"t It is my desire that my body be disposed of in accord~~e ~th the wishes of my family. u, ~;;t ARTICLE II: PAYMENT OF DEBTS. TAXES AND COSTS OF ADMINISTRATION .~ \.!:;, A. I direct my Personal Representati ve to pay from my residuary estate, as soon as convenient and practical, and without proration or apportionment, all claims or debts which I am legally obligated to pay at my death, including the costs of any last illness and funeral expenses, all Federal and other estate, inheritance, generation-skipping transfer, and other death taxes, together with any interest and penal ties thereon, which may be levied or assessed by the United States, any state or territory thereof, or by any foreign government or political subdivision thereof, by reason of my death with respect to property included in my gross estate for estate tax purposes, whether disposed of by this will or not, and other costs of administration of my estate. I further direct that my Personal Representative, in his or her sole discretion, pay from my domiciliary estate all or any portion of the costs of ancillary administration or similar proceedings in other jurisdictions. B. In the event the assets of my residuary estate are insufficient to pay such claims or debts, such Federal and other estate, inheritance, generation-skipping transfer, and other death taxes, and such other costs of administration, or in the judgment of my Personal Representative the property available for payment of said claims, debts, costs and taxes should not be sold in order to make such payments, I direct my Personal Representative to call upon th~~ustee of the MO 0 FAMILY REVOCABLE LIVING TRUST, dated the day of , 1991, to make payment of those items or to provide fun s to my Personal Representative for this purpose. 1 -b I? )n '--" ',-~ f 1'1;p1 ARTICLE III: DISPOSITION OF TANGIBLE PERSONAL PROPERTY A. I give and devise all of my tangible personal property, not otherwise disposed of and owned by me at the time of my death to the then acting Tru ee of the MORROW F ILY REVOCABLE LIVING TRUST, dated the . day of , 1991, as it now exists or is he after amended from ime to time. Said property shall be added to and become a part of the principal of that Trust to be held, administered and distributed by the Trustee of that Trust according to the terms and provisions of the Trust Agreement. B. I direct my Personal Representati ve to pay from my residuary estate all storage, packing, shipping, transportation, insurance costs, customs or duties, or other charges incident to the preservation and distribution of any of my tangible personal property. ARTICLE IV: DEVISE OF REMAINDER A. I devise all of the rest, residue, and remainder of my estate and property which is not otherwise disposed of, of whatever nature, real, personal, or mixed, and wherever situated, to which I am legally or equitably entitled, including the proceeds of any life insurance policies which are payable to my estate and all lapsed legacies and devises, after the payment of any debts, taxes, and costs of administration as previously instructed herein, to the then acting ~pstee of the MO OW FAMILY REVOCABLE LIVING TRUST, dated the ~ day of , 1991, as it now exists or is hereafter amended f om time to time. Said property shall be added to and become a pa t of the principal of that Trust, to be held, administered and distributed by the Trustee of that Trust according to the terms and provisions of the Trust Agreement. However, this devise and bequest of my residuary estate does not include any property over which I may have a power of appointment. The receipt by said Trustee under said Trust Agreement shall be a full acquittance and discharge to my Personal Representative for the property so distributed. Upon distribution to the Trustee, the administration of my estate shall cease with respect to the assets passing to the Trustee, and the Trustee shall not be subject to the control of the court in which this will is probated. B. If for any reason the above described Trust shall not be in existence at the time of my death, or if for any reason a court of competent jurisdiction shall declare such Trust to be ineffective for the disposition of assets of my estate or declare this testamentary transfer to the Trustee of said Trust to be ineffective, I devise my residuary estate to the Trustee named in said Trust instrument, to be held, managed and distributed in the same manner and for the same terms and provisions described therein, giving effect to all valid amendments of said Trust in effect at the date of my death, and for this purpose I incorporate 2 2, If' Jkl "</ I L, ffll~ by reference the Trust instrument as it now exists, as though set forth herein, into this will. ARTICLE v: SIMULTANEOUS DEATH For purposes of this Will, my spouse shall be conclusively presumed to have survived me if the order of death of myself and my spouse cannot be established by proof. with respect to any other persons, a person shall not be deemed to survive me if such person dies within sixty (60) days after my death, nor to survive another if such person dies within sixty (60) days after the death of such other person. ARTICLE VI: APPOIHTMEHT OF PERSONAL REPRESENTATIVE A. I hereby appoint GERALDINE R. MORROW as the Personal Representative of my estate. In the event GERALDINE R. MORROW is unwilling or unable to serve as the Personal Representative, then I hereby appoint CYNTHIA A. GORSKI as the First Successor Personal Representative of my estate. In the event CYNTHIA A. GORSKI is unwilling or unable to serve as the Personal Representative, then I hereby appoint NANCY A. PAWELCZYK as the Second Successor Personal Representati ve of my estate. In the event NANCY A. PAWELCZYK is unwilling or unable to serve as the Personal Representative, then I hereby appoint DAVID GORSKI as the Third Successor Personal representative of my estate. B. In the event ancillary administration is required to dispose of any property which I may own at the time of my death with a situs outside of the State of Florida, I hereby nominate and appoint my Personal Representative herein named as such Ancillary Personal Representative; however, if said Personal Representative is not qualified to act as Ancillary Personal Representative under the laws of the state of the situs of such property, I authorize my Personal Representative to designate an Ancillary Personal Representative. C. Wai ver of Bond: No Personal Representative named in this Article shall be required to furnish any bond or other security in any jurisdiction for the performance of their duties. ARTICLE VII: POWERS OF PERSONAL REPRESENTATIVE In addition to the powers and discretion elsewhere granted in this will and those conferred by law, I give to my Personal Representative the power and authority to do any of the following as my Personal Representative, in his or her unrestricted judgment and discretion, shall deem advisable for the better management, preservation and distribution of the property of my estate: 3 it;( It, f 1II1(1L A. To take possession of property, to accept property from sources outside of my estate and to segregate it from other property owned or held by my Personal Representative. B. To carryon and manage, in all respects, and retain any business enterprise in which I may be engaged at the time of my death, including any partnership, land trust, or unincorporated business, with the full power and authority to operate or join in the operation of such business enterprise as a going concern, to form or reform a general or limited partnership, to incorporate and reincorporate, to liquidate, wind-up or sell, to merge, readjust, consolidate or reorganize, or to appoint by proxy or vote the shares of any business enterprise or any part thereof. C. To sell, transfer, exchange, partition, improve, give option upon, lease, or rent all or any part either of the real or personal property, or both, at any time belonging to my estate, at public or private sale, for cash or on terms and conditions acceptable to my Personal Representative. D. To borrow money and to pledge, mortgage, or otherwise encumber all or any part of the real or personal property, or both, belonging to my estate. E. To pay, compromise, adjust, settle, compound, renew, discharge, abandon, or submit to arbitration claims held by my Personal Representative and claims asserted against my Personal Representative, on whatever terms and conditions he or she deems advisable in his or her absolute discretion. F. To transfer any tangible personal property owned by me at my death to the then acting Trus~..ft. of the MORROW FAMILY REVOCABLE LIVING TRUST, dated the day of ~~ ' 1991. G. To use any of the settlement options named under policies of life insurance which may be owned by me or which may be payable to my estate or to my Personal Representative; provided, however, no Personal Representative who is the insured of any insurance policy held by my estate or any trust created hereunder, shall have the power to exercise any rights or have any incidents of ownership with respect to such policy, to assign the pOlicy, to revoke an assignment, to pledge the policy for a loan, or to obtain from the insurer a loan against the surrender value of the policy. H. To exercise the election to take income tax deductions or estate tax deductions wherever the law permits such an election, in such manner as my Personal Representative, in his or her sole discretion shall determine after taking into account the total tax liability of the estate and the beneficiaries thereto. There shall be no reimbursement or adjustment of the account of the estate either as to income or principal or otherwise, or of the shares of 4 -/;;,(1 )1L f1fl~ beneficiaries in income or principal, by reason of the exercise of that election by my Personal Representative; and such election shall be conclusive and binding upon all parties. I exonerate my Personal Representative from all liability for any such election and direct that no beneficiary shall have any claim against him or her or my estate for the exercise of my Personal Representative's judgment in this respect. I. without duty to give or obtain consideration therefore, to join with my spouse or my spouse's estate in the filing of any Federal income tax return for any year for which I have not filed such return prior to my death, and consent to any gifts made by my spouse as being made half by me for the purposes of the Federal gift tax law, even though such action may result in additional liabilities for my estate; and any income and gift taxes due on such returns, and any deficiencies, interest or penalties thereon shall be allocated between my estate and my spouse or my spouse's estate or all to any of them, in such manner as my Personal Representative, in his or her sole discretion, shall deem equitable and proper. J. To allocate the Generation Skipping Transfer Exemption, as that term is defined in the Code, to any property as to which I am the transferor, including any property transferred by me during my life as to which I did not make an allocation prior to my death, in such manner as the Tru~~{a of the MORROW FAMILY REVOCABLE LIVING TRUST, dated the ~ n day of M~ ' 1991, in the Trustee's sole discretion, shall determine after taking into account the total tax liability of my estate and the beneficiaries thereof; provided, however, such allocation shall be made in accordance with section 2653 of the Code. There shall be no reimbursement or adjustment of the shares of beneficiaries in income or principal by reason of the allocation by my Personal Representative, and such allocation shall be conclusive and binding upon all parties. K. To do every other act or thing necessary or appropriate for the complete and final administration of my estate and distribution of the property of my estate to the beneficiaries and the ~ :~stee of the MO~WAMILY REVOCABLE LIVING TRUST, dated the _~ day of _' _ , 1991. ,/ ARTICLE VIII: DEFINITIONS Whenever used in this Will, unless the context of any passage requires otherwise: A. The term "Personal Representative" includes executor(s), executrix(ex), administrator(s), and administratrix(ex), as well as all their substitutes, alternatives and successors. 5 .. <,ftl -<Jlt. l~ (l fll tJiI; B. The term "tangible personal property" means any personal property of a tangible nature other than (i) money or its equivalent, in hand or on deposit, (ii) bearer securities or evidence of indebtedness, ( i i i) any 1 i fe, health, or accident insurance policies, and (iv) personal property used in the operation of a trade or business or subject to a rental agreement or being offered for rent as of the date of my death. C. The term "income" shall be as determined in accordance wi th the laws of the state of Florida as they now exist or as hereafter amended; provided, however, that income beneficiaries shall not be entitled to any additional income pursuant to the provisions of section 738.12 of the Florida Statutes, as amended. D. The term "survive me" is construed to mean that the person referred to must survive me by sixty (60) days. If the person referred to dies within sixty (60) days of my death, reference to him shall be construed as if he had failed to survive me. E. The term "my spouse" means my wife, GERALDINE R. MORROW. F. The term "children" shall mean my descendants of the first degree. G. The terms "lineal descendants" or "issue" shall include my descendants of any generation, and includes persons conceived but not born as of the date of my death. H. Legally adopted children shall be deemed to be natural born children of their adoptive parents, and the terms of kinship or descent used herein shall be construed accordingly. I. The term "Code" shall refer to the Internal Revenue Code of 1986, as amended. ARTICLE IX: CONSTRUCTION OF WILL A. The headings and subheadings throughout this will are used for convenience only and have no significance in the interpretation of the body of this instrument, and I direct that they be disregarded in construing the provisions of this Will. B. Throughout this Will, unless the context otherwise, the singular includes the plural, the plural the singular, the masculine includes the feminine, and the includes the masculine. requires includes feminine C. If any portion of this Last will and Testament is held to be void or unenforceable, the balance of this Last will and Testament shall nevertheless be carried into effect. 6 _b ;( PL- f 1/1 fl IN WITNESS WHEREOF, I have subscribed my name, affixed my seal and declared th~s instrument to be my Last Will and Testament consisti~'Qf typewri ten pages, in Hernando County, Florida, this ~ day of , 1991, in the presence of the subscribi g witnesses whom have requested to become attesting Witnesses hereto. ~. . ~m. '/71JJ~- .... ~ P UL M. MORROW, Testator The foregoing instrument was signed, sealed, published and declared by PAUL M. MORROW, as Testator, as his Last Will and Testament in the presence of us, the undersigned, who, at his request and in his presence and in the presence of each other, have subscribed our na~. as witnesses er the Testator has signed his name, this fi= day of , 1991. (,-:=> V flUe l'f-t-/ witness ) / "- u A1! -f/ AJALA ~ (~~v:Jt~ witness %L~ ~l~~_ Witness og STATE OF FLORIDA COUNTY OF HERNANDO " I W\" PAUL MI~~OW' the Testator, and ~s _\~II.l\"WlS , ~ MM.. bID~ , and PnJ ~ VAJ;i'At--ffl.<; , the witnesses, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testator, in the presence of witnesses, signed the instrument as his Last Will and Testament, that he signed voluntarily and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as a witness and that to the best of the knowledge of each 7 h/? )1'G f7l1l~ witness the Testator was at the time 18 or more years of age, of sound mind, and under no constraint or undue influence. /fLJ- ~l. ~ 17i32N/ PAUL M. MORRO , Testator Qj:;f;4';; {/~~ witnesS" -~ ~Mr- %:t'cvv ~ witness (2lhf~ witness 1~-teL~~L) Sworn to Testator, and . l ~ubscribed before me by PAUL M. MO~OW'I the \ S " -, , f-It \ oj #\1 ~ LfAf-J, and , the Witnesses, on this - day of , 1991. p PiJJj Notary Public My Commission Expires: /~'.e;'''~ R. STEVEN Wr:liT I \ t If)'.'n State of Florida . ~~l!h'~ Comm. f:xp Dee 1~:gg,.j 8