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Home My WebLink About12-20-07 . .. 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 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 the ,0,. - day of ~R.'N''-~- ,'200~ · ~~ C\~.-;- For the Register' ~ Signature of Personal Signature of Personal Representative KATHLEEN RITTNER Signature of Personal Representative File Number: B 1- () 1-1 '55 Estate of FRANCES M. RITTNER , Deceased Social Security Number: 195-07-5879 Date of Death: 11/5/2007 AND NOW,JJOO 0 ~ J 5< ,2007, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to JANET YOUNG and KATHLEEN RITTNER in the above estate and that the instrument(s) dated 12/29/1997 described in the Petition be admitted to probate and filed of record as Will JC P / Automation Letters ....................,........ $ Short Certificate(s) $ Renunciation(s) ................ $ $ $ $ $ $ $ $ $ $ $ , 410.00 24.00 0.00 15.00 15.00 FEES Attorney Signature: Attorney Name: DEAN A. WEIDNER. ESQ. Supreme Court I.D. No.: 06363 Address: WIX. WENGER & WEIDNER P.O. BOX 845. HARRISBURG. PA TOTAL ............................. 464.00 ',"'\" ."P v . .. ;......_' 'II ,,",.p..~, ",' ,."j'H" d'tl\O \' ,(.-'t" \' , ~ ;\!" td\ :<)v\ ...)11':: >J' - I;~\ '\v:\l" - , j'.:::1 ,) () Telephtine:~ 717 234-4182 0'1 :Z\ ~M 02 :l3G LUBI 17108 Form RW-02 rev. 10.13.06 J I, .r_. ,~..'"1~.,:~('\"-Y'::.\\ -, -'/'I;j",;~, 1 1\ -\:JL\)v,..;<J j,_.) ]'-.J ;.J_ -..J \....J_ Page 2 of 2 ; ?nn-I' r'r:r ') 0 PII'lI2.' I. 0 l.l.J\..f L..-J:....V (.. y. 1""'\)" .... LAST WILL AND TESTAMENT ' OF FRANCES M. RITTNER I, FRANCES M. RITTNER, of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, and hereby revoke all prior Wills and Codicils heretofore made by me. 1. I hereby appoint my daughter, JANET YOUNG, and my daughter, KATHLEEN RITTNER, to serve as co-executrixes of my estate. If either is unwilling or unable to act as executrix, the remaining daughter may act as my sole executrix. If both of my above named daughters are unwilling or unable to act as executrix, I appoint Dauphin Deposit Bank and Trust Company as my executor hereunder. 2. The fiduciaries herein named shall not be required to post bond or other security for the faithful performance of their duties. 3. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatsoever nature and by whatsoever jurisdiction imposed, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, and all property includible in my taxable estate, whether or not passing under this Will, shall be free and clear thereof 4. Notwithstanding the foregoing provisions, my personal representative may request the trustee under my Agreement of Trust dated DI"'~~/J1kr :;1.}} , 1997, to pay any debts, expenses, and taxes which cannot be paid out of my probate estate without necessitating (1) the abatement of any nonresiduary devise or bequest, or (2) the sale of assets which are not readily marketable. 5. My husband, William F. Rittner, and I are now joint owners of a residence in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, which is our usual home. If my husband survives me at my death, our home, whether it be the same as we presently own or one that may be hereafter acquired, is held in any manner which will not result in passage of full title to him by operation oflaw, I give and devise my entire interest in said home to him. If my husband does not survive me, said property described in this paragraph shall pass in accordance with the provisions of Paragraph 7 hereof 6. I give and bequeath to my husband, WILLIAM F. RITTNER, if he survives me by thirty (30) days, all furniture, clothing, ornaments, jewelry, pictures, statuary, works of art, silver, plate, bric-a-brac, tapestry, household goods and supplies, books, linen, china, glass, and all implements, tools and plants that may be in or upon our home or in any other residence used by me at the time of my death, and all automobiles and other motor vehicles, boats and horses, together with all polices of insurance thereon. Ifmy said husband does not survive me by thirty (30) days, then I give and bequeath all such property to such of my children who survive me by thirty (30) days, to be divided among them in equal shares. Should such children be unable to agree upon a division of said property, alternative choices of items of such property shall be made by them until distribution is completed in the following manner: the first choice shall be made by my oldest of my children, the next choice shall be made by the next oldest of my children, and so on until distribution is completed. 7. All the rest of my property, of whatsoever nature and wheresoever situate, I bequeath and devise to JANET YOUNG and KATHLEEN RITTNER, trustees under an Agreement of Trust executed by me on j) t' tem b6~ t2 9 , 1997, to be held by my trustee and added to and administered as part of the trusts established by said Agreement of Trust. The said trusts are in existence as of the time of execution of this Will. 8. No provision of this Will shall exercise any power of appointment I may have. 9. No interest, whether in income or principal, of any beneficiary of my estate shall be subject to anticipation, pledge, assignment, sale or transfer in any manner; nor shall any such beneficiary have any power in any manner to charge or incumber his/her interest, whether in income or principal; nor shall the interest, whether in income or principal, of any such beneficiary be liable or subject in any manner while in the possession of my executrix or a trustee or guardian for any liabilities of such beneficiary, whether such liabilities arise from his/her death, debts, contracts, torts or engagements of any type. 10. In the administration of my estate, my fiduciaries shall have the following powers, in addition to such powers as they may have by law: (a) To invest any funds of my estate in any stock, bonds, notes or other securities or property, real or personal, notwithstanding that such investments may not be of a character allowed to fiduciaries by statute or general rule oflaw. (b) To sell or otherwise dispose of any property, real or personal, at any time forming a part of my estate, for cash or upon credit, in such manner and upon such terms and conditions as they may deem best, and no person dealing with them shall be bound to see to the application of any funds paid. (c) To manage, operate, repair, improve, mortgage or lease for any term any real estate at any time held or owned by my estate. (d) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate. ( e) To distribute in cash or in kind, upon any division or distribution of my estate. (f) To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, subject however to other provisions and restrictions provided herein, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to incorporate any unincorporated business, the power to borrow and to pledge assets contained in my estate as security for such a borrowing, the power to delegate all or any part of the supervision, management and operation of the business to such person or persons as they may select, and the power to close out, liquidate, or sell the business at such time and upon such terms as to them shall seem best. My fiduciaries shall not be held to personal liability for shrinkage of income or loss of capital value that may be incurred in the course of their operation of the business, except loss that may result from their willful misconduct. This general power to carry on and/or sell my business interests shall, nevertheless, be subject to any and all restrictions that I have set forth in Paragraph 10 herein. (g) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to them may seem best, and to execute and deliver all instruments and to do all acts which they may deem necessary or proper to carry out the purposes of this Will. 11. Any amounts, either of income or principal, which are payable to a minor under this Will may at the sole discretion of my executrix be paid either to a parent of such minor, to a guardian or guardian over the property of such minor, or to the person who has custody of such minor, or directly to such minor, or may be applied for the use and benefit of such minor. The receipt by such parent, guardian, custodian or minor, or evidence of the application of such amount, shall be a full and complete discharge of my executrix to the extent of such payment or application. 12. If any of my beneficiaries under my Will or under my Agreement of Trust dated p~tJ~m)r'~ ~ 9 , 1997, shall contest either my Will or the aforesaid Agreement of Trust, that beneficiary shall forfeit his or her share of my estate and all income and principal due to him or her under my Agreement of Trust, to the extent that such forfeiture is permitted under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I, the said FRANCES M. RITTNER, hereby set my hand to this, my Last Will, typewritten on seven (7) sheets of paper, including the attestation clause, signatures of witnesses and acknowledgments, upon each one of which I have also written my name this 9-1 day of Df' tfe!,n ~r ,1997. (%~ )r1 .)<,~~ FRANCES M. RITTNER On this G-- f day of Dc te'.m~ , 1997, FRANCES M. RITTNER declared to us, the undersigned, tha~e foregoing instrument was her Last Will and Testament dated the ,;. 9 day of ]).1'11/ /?? r , 1997 and she requested us to act as witnesses t6 same and to her signature thereon. She thereupon signed said Will in our presence, we being present at the same time. We now, at her request, in her presence, and in the presence of each of us, hereby subscribe our names as witnesses. Each of us further declares that he or she believes this Testator to be of sound mind and memory. residing at r::::;;::>d ' a.~ residing at /~ c?~; ACKNOWLEDGMENT COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF DAUPlllN I, FRANCES M. RITTNER, Testator, whose name is signed to the attached foregoing instrument, having been duly qualified according to law, do htebY acknowledge that I signed and executed such instrument as my Last Will and Testament dated t1 Co. Q. n\. b.. or a- '\ , 1997~ that I signed same willingly~ and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by FRANCES M. RITTNER, the Testator, this ~q41? day of DeC1.m ~ , 1997. ",~-:fA~J Jr7~ FRANCES M. RITTNER ~~.~ NOTARY VB C Notarial Seal Tanya B. Boyle, Notary Public Harrisburg, Dauphin County My Commission Expires Feb. 19,2001 Member, Pennsylvania Association of I"'+~rles AFFIDA VIT CO~ONNVEALTHOFPENNSYLV~A ss: COUNTY OF DAUPHIN We, and ~~ V\ 4-. pIes; ~ . the witnesses, wh e names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign such instrument as her Last Will dated ~-e.. oM. ~ ~ G I ~ , 1997; that such Testator signed such instrument willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed such Will as a witness thereto; and that to the best of our knowledge, such Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. 4- Sworn to and affirmed and subscribed to before me by K ~ ~ and :s;;; h V\ :A. . ~ \ Ii?. "5. ~ c.... , witnesses, this ~ day of 'ltc-Co "" \,~ 1997. ;f/J ~ ,x.. t?~"=' WI ss ~~~. &cf NOTARY PUBLI Notarial Seal Tanya B. Boy-'e, Notary Public HaiTt'burg, Oauphln County My Commlnlon Expire, Feb. 19,2001 Member. Pennsylvania AssociatIon of NM~rlllS