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HomeMy WebLinkAbout04-21-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Vincent B. Durklsh also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-08- D~ , Deceased Social Security Number 193-30-2094 Carol M. Durklsh Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) l!I A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix last Will of the Decedent, dated 07/27/2004 and codicil(s) dated named in the State relevant cirr:umstances, e.g., renunciation, death of executor, etc. Except as foHows, 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, INas not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If appllcabie, enter: c.I.a.; d.b.n.c.t.a.; pedente lite; durante absent,a; durante mtnoritate) 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 d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) I Name Relationship Residence --0 ~:o .., \J "l> r-:" srn .> -~:. ::rJ (COMPLETE IN ALL CASES.) Attach additional sheets if necessary.:::.; q ~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal res~ at . :0 704 East Robert Street, Mechanlcsburg, Mechanlcsburg, Cumberland, PA 17055 )!2-'" (List street a(jdress, town/city, township, county, state, zip code) t-...') = = ;:po. -0 N ;po :x 9 1"'" en Decedent, then 70 years of age, died on 01/15/2008 at Holy Spirit Hospital, East Pennsboro Township, PA Decedent elt death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County ValuE~ of real estate in Pennsylvania situated as follows: 135,000.00 $ $ $ $ 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 undersi~lned: I & Carol M. Durklsh Typed or printed name and residence 704 East Robert Street Mechanicsburg, PA 17055 717-766-3996 Form Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative } ss } COMMONWEALTH OF PENNSYLVANIA 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. before me I:hls b Sworn to or affirmed and subscribed Signature of Personal Representative Signature of Personal Representative for the Register o Crl ~:JJ -:7J -0 ~IQ .;:':::).> ht ,-.2::0 , De~sEt95 7<: ~-.] (JO :x> -10.' :x (ate of Death: 0111512008 ~.:jS; C>' -r-: I .... ~ , in consideration of the foregoing pijfition, satisfa~ proof -.s 21..08- b~ ~ = c::J co ;po -0 ::::0 N ;~: ; File Number: Estate of Vincent B. Durklsh NKJA ~ ~ ~ Social Secur' AND NOW, Testamentary are hereby !lranted to Carol M. Durkish in the above estate and that the instrument(s) dated 0712712004 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. Attorney Signature: FEES Letters...................J.3s..09.l?..... $ . Short Certificate( S)..............'2."..... $ JwO ~ IS ,0 S Attorney Name: Supreme Court J.D. No.: 76084 James, Smith, Dletterick & Connelly, LLP Address: Suite 204, 5020 Ritter Road Mechanicsburg, PA 17055 E-Mail: 7171533-3280 eps@isdc.com Telephone: :f1<t' Form Rw..o2 Hev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page 2 of 2 1105.805 REV I01107} 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 14125099 Certification Number Ir~mMm~Vf2"...~h~\l..LJm.. b.f .'J3Lll?'.l.~e. ....Js:.jK~ 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. (") ~o "-:0 m-o 'J ::r: Q ::~; ~ ~ .::: en ^ -, oJOo ~.)O-T1 .~c : ::D .0-1 ::D- I"-..:> = = co > " ::u N , :') ;po ~ 5 .. N -.J H105.143 REV 1112006 T'tPE I PAINT IN PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER 1. \ b'1) ()~ 1. Name ot Decedent iFirst, midlle.last, suttix) 6. Dale 01 Birth (Month, day, year) . 16 Oecedent's MaiIif,g Address (SkeEll, City I town, stale, lip code) 704 Robert Street Mechanicsbur PA 17055 18. Father's Name (first. middle, last, suffix) Michael Durkish 20a Inlormant's Name (Type / Print) _r. AcfualAesidellce 1la. SIaIe Pennsylvania CUmberland 170. eo.m~ " <Ii '1J. 'i .. .4C',:,.... . I CQmpIeIe Items 23a.c 0l'lI't when celtIfying physician IS 001 a~ai1able at time ot death to cerlity cause 01 death Items 24-2Q ll\IJSI be completed by person . whoprOOOl.lncesde.11h t. 24. nme of Oeatt'l Awtoximale interval: Onset 10 Dealh CAUSE OF bEATH (See In.truetlon. and _.ample.) 1100127. Pa.tl: EI1II~ lhe ~ - diseases, iojuries, or complications - thai dilecUy caused !he death_ 00 NOT eoler leHnioal e'Vents such as carliac aires!, reSj)lralrny arres!. Of 'Ventricular litltillalion \Iiithoul Showing the etiology lisl only one cause on each iMle ~Je~~~;~~\cIlse::' c; II 1/\1\: A Oue~= I) /J . :r~~a:~='~~~ -.D\1 r~A Enlerte UNDERl'rlNG CAUSE Outllo (or a consequence 01): (diseaS6U1lf1lUrylf1alillitialedlhe events reSUltIng III dei:llh) LAST. f- ~ 1.-- <;: "J <.. Due 10 (or as a consequence 01): JOd_ Was an Atdop~y Pllrlorm~? JOb We'8 Aulcpsy Findings A~olllable Prior 10 Completion 01 Cau:;eol {)ealh? 31 ManOtlfolDeath ~<lhIl41 LJ HomICide [] A..xldtJlIl Ll t>l!nulI1g Invei:>tl{J<lllon o SUlCld.: [] Coullj Not be Ddermlll(ld M. [] 'tei:> [3't~ O'tll$ DNo 32d. Tlo1l6 allnjtHy z w " w o w " o ~ 33.1 Cer1lfulr (ched.. only one) Certifying phYiician (PhySICklIl cmldYNl9 cause 0/ iJealll whtln o.lllolher phYbiclall h<1$ pronounced dealh anll complcfod l1em 231 To the blst otmy knowNtdgt. death occurrlld due to Ihe cause(s) and mannetas stated_...... _ _ _ _ _ _... _ _ _ _ _ _ _... _ _... _ _ _ _......... _ _ _ __ ;~=~:~~:I~ =~~~:n::~~a:c~~:::: ::i::I:~:r;n~e~~~~~:I~~:iol~~:~~:~ manner as stalecL _ _ _ _ .. _ _ _ ... _ .. _ _ _ _ _ _ 0 ~':t~:=~;:"O::: and J Of investigation, in my opinion, dealh occ.urred at the lime, date, and place, and due to the cal.lse(s' and marll1er as st.JtetL 0 1,111 12..11 Irl-I Dispo$lliOO Parmit No 6 "Lou k 14. MlrM4 SIaIut: MIfOtQ, N....r Marlied, _0<1. OM>Iced ISpod/jj Married Did Decedenl l.iveina Township? 17c. 0 'tes, Decedent lived WI 17d ~~~ ~Uwd_ Mechanicsburg '''' City/Boro PA 17055 :21d, location (CiIy IlOWfI, s&ale, zip code) Mechanicsburg, PA 23b. license Number 230 0.1e Signed lMoofh. day. _I 26. Was Ca$e Relerrecl to Me<Jcal Ekaminer , Coroner kx a Reason Other lhan Cremalion Of Donaliotl? Dv" DNo Par1H:fnlerocner~cooo.itiangOOl1flibulioolodealh, bul not resullingin the undeftying cause ~ in Part I 28. Did Thbacco Use CDntiIJuIe 10 Oealh? o Ves DP'~ o No ~ Unknown 29. It Female o NoIpregnanfwilt1ilpastyeal o Pregnanlallimeoidealh o Not pregnanl, but pregflant wllliHl42 dayi:> 01 dealtl o Not pregnant, but pcegflanl 43 ciays 10 I year beIofe death o Unknown It plcynanl wllhio thi! P'i;.' year 32c_ PlaCe oj lr'IUry, Horne. farm, StretJl, Factory Oftice i3uIIdIng, Cllc_ (Specily/ 32g Location ollOjUry (StrDet. city t town, :.liI1ClI Last Will of r'-,,) o c:;;;> ~o ~ c:j ;g ~D :'j~p ~J r-- "7 (""T1 ~) I, VINCENT B. DURKISH, the Testator, a resident of Cumberland County, p~ij1variia, declare that this is my Last Will. I hereby revoke all my previous wills and codicilS;~~~3~ S; '"...J~,,- _ o:D C) -':1--1 )> VINCENT B. DURKISH Article One N --: Introductory Provisions Section 1. Marital Status I am currently married to CAROL M. DURKISH, and all references to my Spouse in this will are to CAROL M. DURKISH. Section 2. Children All references to "my children", subject to the exclusion of any child under subsequent provisions of this Section 2, are to all of the children so identified in this Section 2, but only to those children and any children born to or adopted by me subsequent to the execution of this, my Last Will. a. My Children The names and birth date of my children are: Names Birth Dates JEFFREY V. DURKISH April 16, 1965 March 10, 1969 JASON M. DURKISH Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative( s) in the order of priority in which their names appear: CAROL M. DURKISH; THEN JASON M. DURKISH AND DAVID PADDEN OF PADDEN ASSOCIATES; THEN JEFFREY V. DURKISH If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: VINCENT B. DURKISH LIVING TRUST, dated November 3, 1998, and any amendments thereto. I executed said revocable living trust prior to the execution of this Last Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, induding penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be asses~ed under Internal Revenue Code Section 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust .of probate estate shall be assessed against those persons receiving such property. Section 3. Waiver of Right of Reimbursement Under Code Section 2207A I hereby waive my estate's right of reimbursement under Code Section 2207 A. Article Five General Provisions Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last 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 Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will, on J U L 2 7 2: :t ~.j}~ VINCENT . DURKISH . ATTESTATION CLAUSE On this F" "'~!'" ..sC' l ,t { ,} , VINCENT B. DURKISH, Testator, personally Published and Declared the foregoing instrument, as and for his Last Will and Testament, in the presence of each of us and all of us together, who, at his request, in his presence, and in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time he executed the foregoing instrument he was of sound mind and memory, of lawful age, and did so execute it as his own free act and deed and not under the constraint or undue influence of any person. ~~~ itness 9 d--Lt (:rIA en J.-/~ J1/ Street Address (~ ,JA (A I 7()S~ ~,ZlP ~4)LM~ ~/l, {lCu! feJ6t!L Witness I i) t) .(~~~ 71 cad Street Address fA {tIt 1 COMMONWEAL TH OF PENNSYL VANIA COUNTY OF DAUPHIN We, VINCENT B. DURKlSH, ~Cl<u),f?, l.i1rfM,~- b"",^ and ~u.sQ.Vl fY\. Qt().L~pl)()/ E_ , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly first sworn, do hereby declare to the undersigned authority that we were present and saw the Testator sign and execute the foregoing instrument as his Last Will; that the Testator signed it willingly, or directed another to sign it for the Testator, that it was executed as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testator signed the Last Will as a witness; and that to the best of our knowledge the Testator was at the time of sound mind and memory, of lawful age, and under no constraint or undue influence. dd~4jj /1~~~W\ VIN~~r B. DURKISH Lf/ II fr~~L4C Witness 1 ~lCWro- rn . CkuJ OX! ~ WItness . SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by YINCENT B. DURKISH, the Testator, and~ACAA~ (;:: {~.tv~~ and ~)l1StU1 (11 < (2 h..Ll P{){) je....J , the witnesses, on this JUL 2 1 2:,~' i I I ~A..- ;(, Y L1'/t I< Pf.~) Notary Public ' (;