HomeMy WebLinkAbout01-10-08
Estate of ~ 6}17 a 5
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF tlAh'1~( la(1J
/J r1' / ~r
l:J. J(Jt elVlO."}
COUNTY, PENNSYL V AKfA
File Number
~ \ () <0 OD 3Y
also known as
, Deceased Social Security Number
WeJNlsJOj " UeJ('.~~~r 7 CJ, ~W( ~~d PCI +150 1'( If ibrdo I
Petitioner(s'), who is/are 18 years of age or older, apply(ies) for:
(COJ'vlPLETE 'A' 01' 'B' BELOW:)
~ Probate and Grant of Lett~' T,",m,"",y "d '''' thot P"itio",<(,) i, / '" th;!1.b'l\ 'I \\\,~ f, I
last Will of the Decedent dated '_l 3 J 0 Lj and codicil(s) dated
,
named in the
(Stale 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 instlUment(s) offered
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for probate, was not the victim of a kiHing and was never adjudicated an incapacitated person: ('"'):=;
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(Ifapplicabte. enter: c.t.a.; db.n.c.l.a.; pendente lite; durante absentia; durante'l1lil~~ c::>
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the foHowing spous~ {~~;) and~rs: (if
Admillistration, c.t.a. 01' d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs) 2 ~d" :I:
) :.....",-
Residenc<Q ~
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o B. Grant of Letters of Administration
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Name
Relationship
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Decedent, then 55
at ? C++ s 'J \ \ I e ~ gJ \ 1 ex l
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Decedent at death owned property with estimated values as follows: ~ .I'N~
/, ^^O. vv
(If domiciled in P A) All personal property $ . _ _' UJ
(If not domiciled in P A) Personal property in Pennsylvania $
(If not domiciled in PAl Personal property in County $
Value of real estate in Pennsylvania $
situated as followsl(;\\tdl"\~ \-b\\~~ l1S s ? t\) l~~\l ~().I\ ) 50'f'\\Q. \I\~ \f\ \)0-1\'( a((til!'\~
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
. f{\l~fc. \ ~JO E\<'f\Qr ~
V~ \111;A
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For1liRW-02 rev. /0.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF
tu.m6.( IOJ1d
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and conect 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
day of
~t~y,,;!~~O~
C)
eel
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Signature of Personal Representative ' .' =-2 C)
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S\'Icm to or affirmed and subscribed
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Signature of Personal Representative
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File Number: ~ \ O'{) Ob~\....(
Estate of l11ni"f'U-s, /3:; LJ, 11 (( /e..rnCUl S r , Deceased
Social Security Number: Date of Death: 'Dee e..mb!.. r
AND NOW, chn Wi ttf JO , J.D7J'B
havmg been presented before~e, IT IS DECREED that L)tters
are hereby granted to f'l6b J n (Yl ( A.PCL!
/q c;Jco7
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of ecord as the last Willj9nd Codlcil(s))
FEES ~1Vb ~::iJLlli)'-'
Letters ., J~..PP9. . . $ WD Register of Wills
Short Certificate(s) . .s-.. . . $ d-.D Attomey Signature:
Renunciation(s) .......... $
~JII $
c)f;!-fv ~
$
...$
$
$
$
$
TOTAL .............. $
in the above estate
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S-
Attomey Name:
Supreme Court I.D. No.:
Address:
Telephone:
Form R W-O] rev, 10. /3,06
Page 2 of2
i-l dI5,"105 REV if)) iO; ,)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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.
Fee for this certificate. $6.00
Certification Number
'~'~b,,~E~ 22/2007
Local Registrar Date Issued
P 13888775
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HH)5.143 REV 11f2006
TYPE I PRINT IN
PERM>>IENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions, and examples on reverse)
STATE FILE NUMBER
1. Name <i Decedent (ArsI., milde, I8st, sutftx)
winkleman, Sr.
5. Age (....'Bilthdayl
Kjldol_
tree tnrrmer
. 16. D~~'nt't~1:~ ~":Y 1'r6@""itftrl
Mt. Holly Springs, PA 17065
14. MarilaI Sl8tue: Married, Never Married,
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Divorced
Dld_
l1ve1n.
TownaI1lp?
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AclualResidence 17a.Stale
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10. Race: American Indian, Black, Ylhite, eI:.
(- White
']b. CoonIy
l1c.D Yas, Dacedant lNedln
17d.f] ~~oIlNed""'. Mt. Holly Springs
Cltyllloro
la FatheN Name (AlaI, _, Iu\-l
'9. _. Name (AlaI, _. maidan """'1
Jane Fortne
2Ob.lnfonnanl's ~ Addr\!lss (Street. cIly I town, s1lle, ~codeJ
6208 Elmer Ave., Harr~sburg,
PA 17112
208. lnformanrs Name (Type f Print)
Bernard Winkleman
Robin McNeal
21c. PfaceotDisposition{NsrneotC8fMtBly,cntmaIOf)'OIofhetplace)
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21d. Locallon (City flown, sIale, ~ code)
Churchtown, PA
Crematory, Inc.
23c. Dat. SIgned IMonth, day. yta<)
Part II: Enterothersimlficanlcadlions~lcd8lllh,
lxJInoIresullngnlhellld8ltyilgcause~IlPartl.
26. Was Case Refemd to ~ Examiner I Coroner lor a Reason 0tt1ef than Cremation or Qooalion?
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at Cause of DeBIh?
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32g. location 01'......, I....... dty 1 town, ..tal
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33L Celtifier (check only one)
. CerttfyIng phy.-IPhyaidan ~ng cauae 01 _ wban"-r _ haa pronounc:od daalh and oomplatadllam 231
To thebettol my~, dIIIIII 0CClIf'Nd due to the ClUl8(s) and mIMII' II stBt8d..... _.... _ _.. _........................... _...... _.........._
. Pnlnounclngandcanllytng"""_~bolhpn>noonclng_and_Io"""'oI_l
To the bettol my IlnowledgI, dlIIItI occunect II thttime, date, and pllCI, and due to the CMt88(s) II\d I1IInner as S1Ited.......... _.. ",.... "'.. _..........
. ==~:lIKI/orlnvntiglllon,inmyoplnion,deIIt1occurredatlhetime,date,andplece.anddue101hecause('IJandmannerllSl'fatBd.. 0
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28. Did TobacCO Use CorlttibOOI to Oeafh?
DI'aa DProbably
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LAST WILL AND TESTAMENT
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OF
THOMAS B. WINKLEMAN~ SR.
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I, THOMAS B. WINKLEMAN, SR. having my legal residence at 32 Center Street, Lot
#8, Mt. Holly Springs, Cumberland County, Commonwealth of Pennsylvania, do hereby declare
this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by
me.
I declare that I am not married and that I have the following children born to me; Robin
V. McNeal and Thomas B. Winkleman, Jr.
ITEM ONE: I direct that all my valid debts and the expenses of my last illness
and funeral be paid from my estate as soon as practicable after my death.
ITEM TWO: I gIVe all the residue of my estate to my children; Robin V.
McNeal and Thomas B. Winkleman, Jr., in equal shares, per stirpes.
ITEM THREE: I may leave a Memorandum listing some of the items of my
tangible personal property which I wish certain persons to have and request that my wishes as set
forth in the memorandum be observed by my Personal Representative. Any items of tangible
personal property not so designated shall be divided and distributed among my children as
follows:
A. All items of tangible personal property shall be inventoried and valued at a fair
market value.
B. Each of my children may select one item, in rotation, in order determined by lot,
until such time at which the items chosen by that child reach such child's proportionate share of
the total value of my trust estate, or until such time as the child wishes to make no further
selections.
C. Any items not selected shall be sold and the net proceeds used to equalize the
shares.
D. To the extent that my children are unable to agree, the decision as to what may
constitute "one item" for purposes of this selection shall be made by my Personal
Representative( s).
E. Any disputes concerning this method of allocation shall be resolved by my
Personal Representative in the Personal Representative's discretion.
ITEM FOUR: Should any beneficiary of mine be under the age of twenty-five
(25) years, my Personal Representative shall hold such beneficiary's share of my estate, as
Trustee, IN TRUST and shall invest, reinvest and distribute the principal and net income of such
beneficiary's share as follows:
A. Until such beneficiary attains the age of twenty-five (25) years, my Trustee, in my
Trustee's sole but reasonable discretion, may payor apply the income and any or all of the principal
of such beneficiary's share for the health, maintenance, support and education of such beneficiary
considering all other sources of income available to such beneficiary and known to my Trustee.
Upon such beneficiary attaining the age of twenty-five (25) years, my Trustee shall distribute the
balance of the principal and accumulated income, if any, of each such beneficiary's share to such
beneficiary.
B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or
become too small to warrant placing or continuing of such fund in trust or should its administration
be or become impractical for any other reason, my Trustee, in the exercise of their sole discretion,
may pay such share absolutely to the person maintaining such beneficiary or may place such shares
in the beneficiary's name in an interest-bearing deposit in any bank, bank and trust company or
national banking association of his choosing, payable to the beneficiary at majority, or if said
beneficiary has reached his or her majority, then to him or her directly.
2
C. All shares of principal and income hereby given shall be free from anticipation,
assignment, pledge or obligation of my beneficiary(s), and shall not be subject to any execution or
attachment.
ITEM FIVE: I appoint my daughter, ROBIN V. MCNEAL, Personal
Representative of this my Will. If ROBIN V. MCNEAL, is unable or unwilling to act or
continue to act as my Personal Representative, I appoint my son, THOMAS B. WINKLEMAN,
JR., my Personal Representative. I give to my said Personal Representative(s) the same powers as
are hereinafter given to my Trustee. Such powers shall be in addition to those conferred by law. 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.
ITEM SIX: I appoint my daughter, ROBIN V. MCNEAL, Trustee of the
Trust(s) created pursuant to ITEM FOUR, above. If ROBIN V. MCNEAL, is unable or
unwilling to act or to continue to act as Trustee, I appoint my son, THOMAS B. WINKLEMAN,
JR., Trustee of the Trust(s) created pursuant to ITEM FOUR, above.
ITEM SEVEN: I authorize my Personal Representative and Trustee to exercise the
following powers in addition to those given by law, to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate, without regard to any principle of
diversification, risk or productivity;
B. To invest in all forms of property without restriction to investments authorized for
any type of fiduciary;
C. To compromise any claim or controversy;
D. To loan money to or buy property from my estate;
E. To borrow money from any person, including any Executor or Trustee, and to
mortgage or pledge any real or personal property;
F. To sell at public or private sale, to exchange or to lease for any period of time, any
real or personal property, and to give options for sales, exchanges or leases, all for such prices and
upon such terms and conditions as they deem proper;
3
G. To allocate receipts and expenses to principal or income or partly to each as they
deem proper;
H. To repair, alter or improve any real or personal property;
1. To distribute in cash or in kind or partly in each at valuations fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for
the protection of the principal;
K. To subscribe for or to exercise options for stocks, bonds or other investments; to join
in any plan oflease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and
to deposit securities thereunder, and to generally exercise all the rights of security holders or
employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass
by delivery;
M. To add to the principal of any trust created by this instrument any real or personal
property received from any person by Deed, Will or in any other manner;
N. To exercise all power, authority and discretion given by this instrument after the
termination of any trust created herein until the same is fully distributed;
o. To use their sole discretion in deciding whether stock dividends on stock they hold
in trust should be apportioned to principal or income, except stock dividends of regulated invest-
ment companies, which shall be added to principal;
P. To commingle the assets of any trust estate created by this Will in anyone or more
common funds for greater convenience and flexibility;
Q. To employ agents, accountants, engineers and such other persons, professional or
otherwise, as may be necessary for the proper administration of this estate or trust and to pay their
compensation from such funds; and
R. To disclaim all or any interest in a property passing to me or my estate.
ITEM EIGHT: I realize that Personal Representatives 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
4
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 income 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.
ITEM NINE: 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 my Last Will and Testament, 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 my Last Will and Testament 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.
ITEM TEN: If any person or entity other than me singularly or in conjunction
with any other person or entity directly or indirectly contests in any court the validity of this Will
including any codicils thereto, then the right of that person or entity to take any interest in my estate
shall cease and that person or entity shall be deemed to have predeceased me.
ITEM ELEVEN: Should any of the provisions of my 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 Will.
5
IN WITNESS WHEREOF, I have at Harrisburg, Pennsylvania, on I/;3 ,2004 set
my hand and seal to this my Last Will and Testament consisting of six (6) pages plus the
Affidavit.
'"
V~fiY~
TOMAS B. WINKLEMAN, SR.
SIGNED, SEALED, PUBLISHED AND DECLARED BY THOMAS B. WINKLEMAN, SR.,
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 witnesses.
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Residence J'3 y9 /?ax't1/7-fc/-s{~.E/V.dL/? //I ,J/l;Jf7
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Residence ~ ~~
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF DAUPHIN
We, THOMAS B. WINKLEMAN, SR., tJ.99Y J: ~ and~\r,\Qe\\e~
the Testator and the witnesses respectively, whose names are signed to the attached or 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 Testament that he had signed
willingly (or willingly directed another to sign for him), and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence
and hearing of the Testator, signed the Will as witness and that to the best of their knowledge the
Testator was at that time eighteen years of age or older, of sound mind and under no constraints
or undue influence.
f-t~~-Iffi~? ~
- THOMAS B.' KLEMAN, SR.
.... ////~
/~1)ffiss
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WITNESS
Subscribed, sworn to and acknowledged before me by THOMAS B. WINKLEMAN,
SR., the Testator, and subscribed and sworn to before me by Pr9'9'Y J: &t.umAJJ
and ~~<W- ~ S~~Q witnesses, on (; f tlJ"
~.~ Y/7, Xr ~~
NOTARY PUB
Notarial Seal
Mil ~r.Jie Notary Pubfic
-f ': .\""i:'~'-j-'r;' {-131lphin County
,,",' ;";,.j'",Dcc 12, 2005
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7