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HomeMy WebLinkAbout01-1118 Estate of Christian F. Way ~. also known as PETITION FOR PROBATE and GRANT OF LETTERS ~/. 6 I-/(/~ No. To: , Deceased. Register of Wills for the County of Cumberland ConmlOnwealth of Pennsylvania in the Social Security No. 167-40-4454 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut rix in the last will of the above decedent, dated March 11. 1999 and codicil(s) dated named (state relevant circumstances, e.g. renunciation, death of executor. etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania. with h is last family or principal residence at 74 Fox Lane. Newville. P A 17241 a,ppp,. {: ro 1\ (. Fd rd rV.JfJ . (list street, number and municipality) Decedent, then 52 years of age, died 4/26/2000 at Polvclinic Hospital. Harrisbura. Dauphin County. PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never ajudicated incompetent: Decedent at death owner! property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value oheal estate in Pennsylvania situated as follows: $ $ $ $ 1.000.00 WH 0, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) pres ted herewi h anHthe cr ~Ietter Testamentary _~ther on. _ (testamentary; administration C.La.; administration d.b.n.c.La.) ..~ 290 Hillside Drive New Cumberland PA 17070 "i:J g annaL. Way " -:> '(i; -- " ~ o::'=" - ~ 2: 0 ~ '= .-.'= ~&: ~o ~ ~ Vi OATH OF PERSONAL REPRESENTATIVE COMMON"'. TE. ALTH OF PENNSYLVANIA } ss COUNTY OF yl,lmbE;rland The peti~jorJer(f>) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and COITi~ct to the best of tht knowledge and belief,~rpetJ . oner(S)~nd a~ pers nal represen- tative(s) of the above decedent petitioner(s) will well d truly dminis r the. est e ac rding to law. Sworn to or affirm> ed. and subscribed {fJ , 'rz'tf1..,I b;' m, fui; / d,y of ~ f:&;~1i:iCjf~, Register ~ V: 1" R '" ~o. 21-01-1118 Estate of Christian F. Way. , Deceased DECREE OF PROBATE A~D GRANT OF LETTERS AND NOW DECEMBER 10th, 2001 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 3/11/1999 described therein be admitted to probate and filed of record as the last will of Christian F. Way. and Letters T estamentarv are hereby granted to Donna L. Wav , '1 7))O:J,4 '';/}J'jJt4~J/Il. {;// 2.I~'1MLJ tJ1W"Lr ' ,. ) ! R(.g:i:;ter of Wills FEES Probate, Letters, Etc.. . . . . . . . $ Short Certificates ( 1 ~...... $ ~~ .EXl'M :PGS .7. . . $ JCP $ TOTAL _ $ Filed . I;>F.;C.E~~F.;R. ~ 0,. ;2001. . . . 18.00 3.00 21.00 5.00 47.00 Susan E. Ledere~ (44861 ) ATTORNEY (SlJp. Ct. J.D. No.) 4811 Jonestown Road, Suite 226 Harrisbura. P A 17109 ADDRESS 717-652-7323 PHONE MAILED LETTERS AND ORDERS TO ATTORNEY DECEMBER 10, 2001 0('; :;cn: :;1 ~.. 0- .... 1.1' d - (,;:, CJ CJ I -...l -a N -c: ~~ (I, ):.. ,.. \0 21-01-1118 0\ If) .. ",,} N C- ", J r- I I:: r~ c..J (l '-' ,.,'., c:::l :i) ..... ;:JJ ..0 Co -,:.$:.: ~ om - .... $0: P aJ -" a: 50 FILE No.499 12/10 '01 09:49 ID:LAW OFFICE SUSAN LEDERER FAX:717 652 7340 PAGE 2 December 10, 200 I SlIS;J1I E. I.I'tl1'l'I'I' I. l \\ II I 1 II I: ~ Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 VIA FACSIMILlE Re: Estate of Christian F. Wuy Social Security # 167-40-4454 Date of Death: April 26, 2000 To Whom it May Concern: J am the attorney who prepared the Petilion fi.)l" Grant of Letters in the above captioned estate. An error was made in that petition concerning Mr. Way's name. Mr. Way was not a "1r". Please revise the Petition and Grunt of Letters to reflect the COITect Ilame as Christian F. Way. Please advise if you need any additional information or documentation to make thi!'; correction. Thunk you f<.)r your assistance and I apologize for the error. Very truly yours, S~E" Ld .k~ usan '. e ereI' 811 Jonclltowll RVlld · Suite 226 . HllrrisDurg. PA 17109 · [>hone 717.652.7323 · Fux 717.652.714ll · info@lcdcrcrhlw,corr ...,-" \~:.ll"dcl\.1 1,1\'- \'OJU .. . " i~';':";';";',~.."_.,,.,.~ LAST WILL AND TESTAMENT OF CHRISTIAN F. WAY 21-01-1118 I, CHRISTIAN F. WAY, having my legal residence at 74 Fox Lane, Newville, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament hereby revoking all Wills and Codicils previously made by me. ARTICLE ONE I declare that I am married to DONNA L. WAY and that any references to my spouse are to her. ARTICLE TWO 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 THREE 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 1 ~\\~q " " " ornament, and all insurance thereon to my spouse, provided she survives me by thirty (30) days. If my spouse fails to survive me by thirty (30) days, then said property and furnishings shall pass with the residue of my estate. ARTICLE FOUR I give the rest, residue and remainder of my estate to my spouse, DONNA L. WAY, provided she survives me by thirty (30) days. If my spouse fails to survive me by thirty (30) days, I give the rest, residue and remainder of my estate as follows: A. One-third (113) to AMANDA WAY, to be held and distributed 10 accordance with Article Five hereunder. B. One-third (113) to JASON STONER, to be distributed free of trust. C. One-third (113) to JAMIE STONER, to be distributed free of trust. ARTICLE FIVE If a share is being held of AMANDA WAY, my Trustee may pay to, or apply for the benefit of such beneficiary, so much of the accumulated net income and principal for such beneficiary's health, education, maintenance and support, as my Trustee deems appropriate. When such beneficiary attains the age of eighteen (18) years, my Trustee shall distribute the balance of the trust share to such beneficiary, free of trust. I hereby appoint DENNIS WAY as Trustee of any trust established for the benefit of AMANDA WAY. If DENNIS WAY is unable or unwilling to serve, I appoint SUSAN E. LEDERER as Trustee. 2 ~\ti~ "\ \ \ \. ARTICLE SIX No beneficiary or remainderman under this Will or any codicil hereto shall have any right to alienate, encumber or hypothecate his or her interest in this Will 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 I appoint my spouse, DONNA L. WAY, as Executrix of this Will. Ifmy spouse is unable or unwilling to serve, then I appoint DENNIS WAY as Executor of this Will. If DENNIS WAY is unable or unwilling to serve, then I appoint SUSAN E. LEDERER as Executrix of this Will. I give to my Executrix, 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 Executrix, without further order or license of the Register of Wills or of any court: 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, 3 ~\\ \~~ \. 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 Executrix to protect the Executrix and the estate against any hazard; 9. To pay all taxes, assessments, fees of the Executrix 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 trust estate until final distribution of the estate assets; 11. 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 Executrix; the Executrix shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executrix to 4 ~\\\~~ I' . . 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 Executrix shall receive reasonable compensation for any servIces performed as determined by the court in which this Will is admitted to probate. ARTICLE EIGHT 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 admini8stration 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 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 any adjustments between income and principal as a result thereof. 5 ~w\~ " ARTICLE 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 may 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. IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this II day of /J) L MultI' , 1999, set my hand and seal to this my Last Will and Testament, consisting of eight (8) pages. 6 . '. , SIGNED, SEALED, PUBLISHED and DECLARED by CHRISTIAN F. WAY, 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. I'L <=" --1 ) X :-"-L.--~/ ~~~"'~ Residence ~ 'Lr Residence ~ ~ -. (> .7L . , ...) - (..:.:.. ./ '. -~-<~. y- c-)-' 'J ," 0- ry \--CJ I ff\ i! ( \ \ u-. lkr:~ h1~4 III /1(}SJ> - (){ 7 , . ,. ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, CHRISTIAN F. WAY, "',--".s!\~ ~ .\-S~Der---s?(- and (\ \{t ~\f \'''-nVHLe t tv Testator and witnesses, respectively, whose names are signed to the attached and foregoing iJstrument, 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 hislher knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. (!LL ~~ TESTATOR xi /G~ .-C , \... /, C. d-~--/~ WITNESS ( \. Subscribed and sworn to and acknowledged before me by CHRISTIAN F. WAY, the Testator, and subscribed and sworn to before me by S\/Sf\\,-J c ,L\::('~C_c (_ and , ' ~~~~H I r (':1; nllr ur witnesses, on this / / day of.fJJZtUJU t~/;[/ u ;I ~id!ir kiP Notary Public Not::lrIa; 3C':-11 ;;J 1:1'""+:: t. Fp~.t(ld'\:'.ff t\~,'-,i'-'(', Dl'n!jr' --~, ;~A(~,",.:.~,: -'i-"~;~:'"'" "'_J, , ,,,v,..~~'.::~.:I,:~:~," '-' .. ~, -." . - -, M-/ : ",' ': 1 ?~~~<."J . ': :!,!:'i 8 r~_n ~ x ,en t""' tT1 Oi CI:l :x:- x ,~ IJ.l tT1 () 1-3 .'< ::r: '" :;0 ::8 tT1 ~ ~r-' H H Z 0 Z C ~ IJ.l t""' ~ t:l:l ~~ 1-3 t""' ~ ~ H )> 01 :x:- 0 :x:- ~ is p? n Z ~ Z tT1 t:I ~ (') ~ 0 1-3 w Z tJ:j ~ ~ ::8 IJ.l r- :x:- 1-3 t< i-<: :J::- 3: r- tJ:j r- Z ""0 1-3 N/ /,;;;.. -7- D I (0 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Christian F. Wav Date of Death: 4/26/2000 Will No. 2001-01118 Admin. No. 21-01-1118 To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on 12/17/2001 Name Address 290 Hillside Drive New Cumberland PA 17070 Donna L. Way Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: Date: ,a - ao - 0 \ 4A~ ~ ~~ Signature Susan E. Lederer (.-") q (.... CL Name: Law Office of Susan E. Lederer Address: 4811 Jonestown Road, Suite 226 Harrisbura. PA 17109 .- N c..J c::l Telephone(717) - 652- 732 : ) r:J ~.."'l. {) <~) IDa: a.: p ,':,; ....: .g ~l) =:: ,,~ ..J , "\" '. ..J....... Capacity: Personal Representative X Counsel for Personal Representative STATUS REPORT UNDER RULE 6.12 OJ 1./ Name of Decedent: CHRISTIAN F. WAY Date of Death: 4/26/2000 Will No. 2001-01118 Admin. No. 21-01-1118 Pursuant to Rule 6. 12 of the Supreme Court Orphans I Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1 . State whether administration of the estate IS complete: Yes No X 2 . If the answer is No, state when the personal representative reasonably believes that the administration will be complete: f) <2 {(l ~e..t-. l..-cOL 3 . If the answer to No. 1 is Yes, state the following: a. account with the Court? Did the personal representative file a final Yes No b. The separate Orphans I Court No. (if any) for the personal representative I s account is: c . Did the personal representative state an account informally to the parties in interest? Yes No d . Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: ~ .~/~~E'. ~--L-L/L-'- Signature SUSAN E. LEDERER Name (Please type or print) 4811 Jonestown Road, Suite 226 Harrisbur9. PA 17109 Address '-<>', , . " ( 717 ) - 652- 732'~ Tel. No . Capacity : Personal Representative ,- I x Counsel for personal representati ve C'~ P ;... -' ....iI" ... ,J ....-'" /! v J September 10, 2002 Susan E. LmhmH' LAW OffICES Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 RE: Estate of Christian Way File No.: 2001-01118 SSN: 167-40-4454 To Whom It May Concern: Due to lack of response on the part of the Donna Way, Executrix, and written notice of my intentions to the same, I withdraw as Counsel for the above referenced Estate. In my absence, please forward all additional notices and/or correspondence to the Executrix as follows: Estate of Christian Way C/O Donna Way, Executrix 290 Hillside Drive New Cumberland, P A 17070 Please accept this letter as notice of my intent to withdraw as Counsel of the Estate of Christian Way for your records. ~I ~ :~c:-_ - I request that the enclosed photocopy of this correspondence be time/date stamped as received"by your office and returned to me using the envelope provided. If you have any questions or concerns, please contact me. Sincerely, ~~ Susan E. Lederer, Esquire cc: Donna Way, Executrix 4811 Jonestown Road . Suite 226 . Harrisburg, PA 17109 . Phone 717.652.7323 . Fax 717.652.7340 . info@ledererlaw.com w\\v.. l~derl'rlal-\'.cl..l1l1 IJU~ - , C/dil ~ , S~TUS REPORT UNDER RULE 6.12 NameofDecedent ( /vludu1/X) F ~U1y Date of Death: 4~CJ Will No.: /J,/ - ~/ --/1/7 Admin. No.: ~(~J.(XJ/-/II~ I Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether a~stration of the estate is complete: Yes 0 No~ 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes 0 No 0 /~ Ie and may be attac Date~/03 d to th' eport. 7- ~re "'AuNt L. <<-Jilt Efl;!~:3-41 Ad- 55. ""cl; / 7070 'i/7- /j70'-OY!/)/ Telephone No. ' N l........J ("-.I CL ...- -:7 5 "'") ..(:1 '" .. ~:: p ,J :: .. ,.\,...., -' ...... "~~ ~\\~, 0\\ Capacity: 0 Personal Representative o Counsel for personal representative 0- r'- U") CJ r ru ..D c() U") ..D CJ CJ CJ F F !En(jo '~)-_~!;'Ier' t I.t" jr J) Re;;;trlctt<i 0 (Enclor;,c" lien; I ( U CJ .-=! Total p~! ' \ 0,,,; , ) I ~ SentT,:;\:?:' q,- - V~~--- , .-=! hhh'~ ~"?;~11/-(,'-; 'Y .lu~,. ~ -~:~Z:lit;~i:e(j 1~~ I ~:' V 1'.(;, /lr,-/...i U-3r~ ji:. '--_il ,- SENDER: COMPLETE THIS SECTION · Complete item,~ 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: j)~~'( (0:-:fn, d q (; ~A.. f!.f-d ~ (.If.", /::.~ L /ze (l' e~t. /}1l d..N&l'~l~.{J H~- I 17<." 7 c3 COMPLETE THIS SECTION ON DELIVERY A."at~, ~~u" B. Recei\e' e~t.::.~/< D, Is deli\el If YES, E. / ..-" ,J;; ~ ~~::ssee -,~,. iJ"4,JA)6a~09'etCD3 cem 1? 0 Yes ,<J, ,)C,low: 0 No 3. S~CE 1 f!f Cerl ifi DRegs', ' o Insu'e j I 4, Restrict ee ! 'jlail Ie, , " I fkceipt for Merchandise c21.I)/-///~. 2, Article Number (Transfer from service labelj PS Form 3811, August 2001 r~"t:-i DYes 7001 2510 0006 , , >"; .:.. s '~; i."1 Domestic Return Receipt 102595-02-M-0835 ----,... JRD/June 30, 1992/17858 MAY 0 6 2003 \r . . . . Estate No.: 21-2001-1118 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA In Re: Estate of Christian F. Way Late of Upper Frankford Township NO. 21-2001-1118 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: Donna L. Way Counsel for Personal Representative: Date of Decedent's Death: 04-26-2000 Date of Delinquency Notice: 3-10-2003 The undersigned, Donna M. Otto, Register of Wills, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, was given by the Register of Wills on 03-10, 2003 and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Distribution: Personal Representative Counsel for Personal Representative Estate File Date: 05-05-2003 ~~/j -03 9;]C')f #1 r A hearing is scheduled for at in Courtroom No.3. If the Status Report is filed prior to the hearing date, the hearing will automatically be canc ~ ~ ~\\~\O?t 0\" CO;( v STATUS REPORT UNDER RULE 6.12 Name of Decedent: Christian F. Way Date of Death: 04/26/00 Will No.: 21-01-1118 Admin. No.: Pursuant to Rule 6.12 ofthe Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes [!l No 0 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. lithe answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No [] b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes I!l No 0 Date:2/17/04 c. Copies of receipts, releases, joinders and approval of formal or informal accounts maybe filed with the Clerk ofth ans' Court and may be attached to this report. cJJQ Signature 0- eo ..- I. ) Andrew C. Sheely, Esquire Name 127 S. Market St. P.O. Box 95 Mechanicsburg~ PA 17055 Address (717)-697-7050 Telephone No. """ q ~ co LU L.L.. ~ ! "~ ;5 E "I..... :Jc Capacity: 0 Personal Representative Q9 Counsel for personal representative