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HomeMy WebLinkAbout04-03-08PETITION FOR PROBATE and GRANT OF LETTERS Estate of IVlELINDA K. FOLTZ No. °~~~ ~~~~ ~ ~~ also known as To: Register of Wills for the MELINDA K. FOLTZ ,Deceased. County of CUMBERLAND in the Social Security No. Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut OR named in the last will of the above decedent, dated MARCH 9, 2007 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with h ER last family or principal residence at 261 LAMPLITE DRIVE. CARLISLE. PA (list street, number and municipality) Decedent, then 40 years of age, died 3/27/2008 at CARLISLE. 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 adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 500.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters -I-P 5}-C-~ ~~~,-,•1~/ thereon. (testamentary; a dministration c.t.a.; administration d. b.n.c.t.a.) lI ,. ~ ~ I ~ ~ .~ y L~~-- I..~-~ S C~ ~~ N `~ ~-1 ~~ l~ - 7 ~~ I U U ~ C N - v •, ~ ~ 1 -1 l 'O ~ i)~ .) b C =_ _- ~ ~ ~ 1l ._ ayi ~ J _~ ~ - =~ ° , ` ~ '~ ~o in ~ _ W .n , ~ -~ 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 represen- tative(s) of the above decedent petitioner(s) will well and ly administer the estate according to law. Sworn to or affirm~l~d subscribed ' before this~day of L / / } ~/ ~' Q ;; .o No. Estate of MELINDA K. FOLTZ ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW / f ~r-~y ~~' `-'~ `-"' ~ , 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 Q~ described therein be admitted to probate and filed of recor s the last will of ~Y~o-~{'~~~ ~ ~~~ ~ and Letters ~i are hereby granted to ~~ ;,wv~ - ~ ~~ FEES Probate, Letters, Etc.. $ ^ ~' ~~ ~ ~P) Short Certificates ( } . $ ~.eu~e~alie~t,. . ~1r.G~ ,$ ~`~ C~~' (U c~ TOTAL $ ~c Filed . . / g~ster is ~, MARK A. MATE / 78931 ATTORNEY (Sup. Ct. LD. No.) P.O. BOX 127 BOILING SPRINGS PA 17007 ADDRESS 717-241-6500 PHONE '"~' - ~~ LAST WILL AND TESTAMENT ~`~ - J~ l OF MELINDA K. FOLTZ ;~ f-- ~ ~, ~ ~~ _~~ >> ~; ~ _ ,. ~~ 7 f z ~+ ~ -~ a _.~ ~ I, Melinda K. Foltz, of 1170 Longs Gap Road, Carlisle, Cumberland County ~e~nsylma; make this my will. I revoke any other wills or codicils to wills made by me _ ` . :.~ ~ C, -? ARTICLE I. DISTRIBUTION OF MY ESTATE w ~ ^ ~ ~' A. I give and devise the specific bequest as follows: 1. I give my piano to my Sister, Carole Blacksmith, presently residing in Carlisle, Pennsylvania. 2. I give any and all jewelry that I may own at the time of my death to my neices Alexis Shoemaker, and Jessica Shoemaker, presently residing in Mechanicsburg, and Renee Blacksmith, presently residing in Carlisle, Pennsylvania, to share and share alike, as the Executor in his absolute discretion shall determine. B. I give the residue of my estate to my siblings, D. Alan Jones, presently residing in Carlisle, Pennsylvania, Debra Shoemaker, presently residing in Mechanicsburg, Pennsylvania, Carole Blacksmith, presently residing in Carlisle, Pennsylvania and my father, David F. Jones, presently residing in Dillsburg, Pennsylvania, share and share alike, per stirpes. C. Whenever property is to be distributed to the descendants of a person (the "ancestor"), such property shall be divided into equal shares, one share for each then living descendant in the first generation below the ancestor in which at least one descendant is living, and one share for each deceased descendant in such generation who has a descendant then living. Each share created for a living descendant shall be distributed to such descendant. Each share created for a deceased descendant shall be divided and distributed according to the directions in the two preceding sentences until no property remains undistributed. D. Any beneficiary or the legal representative of any deceased beneficiary shall have the right, within the time prescribed by law, to disclaim any benefit or power under my will and the interest so disclaimed shall be distributed as if such beneficiary predeceased me. E. Gifts of specific items of property mentioned in this will or any separate writing that is binding upon my Executor shall fail to the extent that I, or any duly authorized agent of mine, dispose of such property prior to my death. My Executor shall not substitute cash or any other assets for any such property. ARTICLE II. PROVISIONS FOR INTERESTS VESTING IN BENEFICIARIES UNDER AGE TWENTY-FIVE Notwithstanding the foregoing provisions, whenever any interest in my estate vests absolutely in a beneficiary under age twenty-five, my Trustee may retain the interest upon a separate trust and pay to the beneficiary as much of the net income or principal as my Trustee may deem appropriate to provide for the beneficiary's support, other needs, or education until the beneficiary reaches age twenty-five, when the interest shall be paid outright to the beneficiary. If the beneficiary dies before reaching that age, the interest shall constitute a part of the beneficiary's estate. ARTICLE III. PAYMENT OF EXPENSES AND OTHER CHARGES I direct my Executor to pay my funeral and burial expenses (including the cost of a monument or marker over my grave). The estate, inheritance and similar taxes assessable on my death (including taxes on assets not passing under this will) shall also be paid as a cost of administering my estate and my Executor shall not request any beneficiary to pay any part of such tax. ARTICLE IV. MISCELLANEOUS PROVISIONS A. Spendthrift Trust. To the extent permitted bylaw, neither the principal nor income of any trust shall be liable for the debts of any beneficiary or, except to the extent otherwise specifically provided, to alienation or anticipation by a beneficiary. B. Matters of Interpretation. F~ simplicity, I have expressed pronouns and other terms in one number and gender, but where appropriate to the context these terms shall be deemed to include the other number and genders. The bold headings are for convenience and shall not affect interpretation. ARTICLE V. APPOINTMENT OF FIDUCIARIES AND POWERS A. I name my brother, D. Alan Jones, to be my Executor(hereinafter "Executor" and "Trustee"). Should he fail or cease to act, I name my father, David F. Jones, presently residing in Dillsburg, Pennsylvania to be my Executor. If administration of my estate or trust should be necessary in any jurisdiction where my Executor or my Trustee is unable to qualify, [or if my Executor or my Trustee deems it necessary for any other reason,] I give to my Executor and my Trustee the power to designate any individual or corporation with trust powers to serve with my Executor or my Trustee or in my Executor's or my Trustee's stead. I request that no security be required of any Executor or Trustee, including an Executor or Trustee named pursuant to the preceding sentence. References in my will to my "Executor" and my "Trustee" are to the one or ones acting at the time, except where otherwise specifically provided. B. Any corporate Executor or Trustee shall receive for its services the compensation for which it is willing to undertake similar services for others at the time such services are rendered, as evidenced by its published fee schedule in effect from time to time, unless it is willing to agree upon a fee that is less than its customary fee. Any individual who serves as Executor or Trustee shall be entitled to receive reasonable compensation for his or her services and, whether or not such individual receives compensation, shall be entitled to be reimbursed for expenses incurred for such services. C. I grant my Executor and my Trustee the powers set forth in 20 Pa.C.S. §§ 3311-3332 and 20 Pa.C.S. §§ 7131-7143 respectively. In addition, my Trustee may merge any trust under this will with any trust having the same trustee and substantially the same dispositive provisions. If at any time after my death the size of any trust under this will is so small that, in the opinion of my Trustee, the trust is uneconomical to administer, my Trustee may terminate the trust and distribute the assets to the person or persons a2.zthorizerl to receive the trust income in such shares as my Trustee may deem appropriate. No Trustee who is also an income beneficiary of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executor and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of my Executor and my Trustee. ARTICLE VI. FINAL DISPOSITION I desire to have a modest Christian burial, and direct the payment of my final expenses to come from my estate. ARTICLE VII. DEFINITIONS 1. The use of the masculine shall include the feminine or neuter and the use of the singular shall include the plural, and vice versa. 2. The term "estate," where appropriate, shall include any trust hereunder. Executed this ~ ~ day of~_~~~ ~ , 2G07. '"~r (SEAL) Mel nda K. Foltz Signed, sealed, published, and declared for and as her last will and testament by the testatrix in our presence, we all being present at the same time; and we, in her presence and at her request and in the presence of each other, have subscribed our names as witnesses whereof, all on the date 117 Race Street OF Boiling Springs PA 17007 OF ~I Jam- ~oun a~~, n r ~l~ COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY, to wit: Before me, the undersigned authority, on this date personally appeared Melinda K. Foltz and, ---~ • ~~T~ a ~ and ~ ~~^ known to me to be the testatrix and witn sses, respectively, whose names are sig ed to the foregoing instrument and, all of these persons being by me first duly sworn, Melinda K. Foltz, the testatrix, declared to me and to the witnesses in my presence that said nstrument is her last will and testament and that she had willingly signed and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed, that said witnesses stated before me that the foregoing will was executed and acknowledged by the testatrix as her last will and testament in the presence of said witnesses who in her presence and at her request and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said will and that the testatrix, at the time of the execution of said will, was over the age of eighteen years and of sound and disposing mind and memory. Sworn and acknowledged before me by Melinda K. Foltz, the testatrix, ~'^~+~- ~~~ ~+ ,witness, and _ ~~ s.r,~,~ • ~~ ,witness, this ~ day o , 2007. Mel nda K. Foltz r~. Witness NV rtness • n ~ Notary Public `~)OMMi)N'r/VEAI.I"H OF PENNSYLVANIA r ---~- e~otarial Seal Frances A. Aumiller, Notary Public South Middleton Twp., Cumberland County My Commission Expires Mar. 16, 2010 My COmm1SSlOn eXplreS: Memhier "'e~~nsvlvania Association of Notaries Z:\Clients\Foltz\MelindaWi14.07.frm