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Home My WebLink About05-16-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of June K. Otto File Number 21-08 -OSL/Y also known as Ray K Otto deceased on 1985, Deceased Social Security 183-12-3458 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: IXI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the last Will of the Decedent dated May 11,2007 and codicil(s) dated N/A (state relevenat circumstances, e.g. renuncIatIOn, death at 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: I I B. Grant of letters of Administration ' (Ifapplicable enter: c.t.a.; d.b.n.c.t.a.; endente lite; durante absentia; durante minoritate) 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.) PA 17050 COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at 331 East Old York Road Carlisle, S. Middleton 1\v Cumberland PA 17015 ( ist street a ress, town/city. towns ip. county. state. zip co e) Decedent then 87 years of age died on May 2, 2008, 331 KOld York Rd., Carlisle PA 17015 Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: reD(!/, .r- , -r :r~ ~c" (p~ ~ORDED OFFICE OF GISTER OF WILLS 2008 MAy 16 CLERK. OF v.) ORPfL\NS' COURT'" CUMBERL\ND CO., PA Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corrE 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. ~~~f~ EdWin~ Otto ~{C~ P~ick . Myers Sworn to or affirmed and subscribed before me this '. I-f\.., File Number: r2/-08- 05'14 Estate of June K. Otto , Deceased Social Security Number: 183-12-3458 Date of Death 2-May-08 , 200(j in consideration of the Petition, satisfactory proof ECREED that Letters Testamentary Edwin R. Otto and Patrick K. Myers in the above estate and that the instrument(s) dated May 11,2007 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) AND NOW having been presented befor are hereby granted to FEES -J1fNl~ J~A1z~ ~ Signature , 6- Attorney Name Robert flit Frey Letters %Ot;:P Short Certificates I a. 00 Renunciation w'dl JU fru~1\Q'v.. Sup. Ct. J.D. No "---'1 Lj~3 97 15.00 /0.00 '5.0D Address: 5 South Hanover Street Carlisle, Pennsylvania 1701 RECORDED OFFICE OF REGISTER OF WILLS 2008 MAY 16 ~ (717) 243-5838 CLERK OF ~ ORPI-L\NS' COURT CUMBERLAND CO., P A Telephone: SOd. {}V TOTAL.. . Page 2 of 2 HIIlS.80S REV (011071 d-(--O~ -OS(jy LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Certification Number 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, $6.00 P 14528498 ~. ~b.)...~~~MAI 6/ 2008 Local Registrar Date Issued CORDED OFFICE OF REREGISTER OF \VlLL: _~ J 2008 MAY 16./~ CLERK OF ORPI-L\.NS' COUKf\. CUMBERLAND CO., p" H105.143 REV 1112006 TYPE I PRINT IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER Church of 4. Date of Death (Month, day, year) 1. Name of Decedenl (First. middle, last, suffix) June K. otto 6. Date 01 Birth Month, , ar) 183 -12 3458 Ma 2 coe) 2008 5. Age (laSt Birthday) Qthe, 87 Y~. Bb. County ollloath ," I. Cumberland 11. Decedent's Usual KlndolWM Former Owner Oct. 29, 1920 tIl <ll .,.; p.. o tJ most of life. DonotslatellllJed Kind 01_1 I""""Y Hardware store 12. Was Decedent ever In the U.S. Armed forces? DYes XJNo Decedenfs ActualRe6lcleoce 17a.State 1lb. Coon~ Pi! "'l1mh~,...l~nn 19. Malher's Name (First, middle, maiden sumame) OOlM<-Soe<ifyo 10. Race: American Indian, Black. While, etC. ISpedM White 14. =::o~~r Married, 15. SUNMng Spouse {II wtfe, ~ maider. name} Widow 17c_[XYes,-"'~lNed" So. Middleton Two. T"l>. 17d.D No, Decedent Lived within Actuaflimils01 City/Born Bel. Facility Name (If not iIlstitution, give street and number) . 16. Decedent's MaifmgAddress (Street. city Ilown, state, ~ code) 331 East Old York Road Carlisle Pa 1 18. Father's Name (FIrSt, middle, la$\, suffix} H. Nelson Keller o N 208. lntonnanrs Name (Type } Print) Edwin R. 2Ob. In/Olmanfs MaHing Address (Street, city I foWn, state, zip code) 3602 South Place Alexandria, Va. 22309 21c. Place of Disposition (Name of cemetery, crematory orolher place) 21d. Loc8tion (City / town, slate, zip code) 2008 Mt.Holly Springs Cemetery t.Holly Spgs. Pa. 22c_NameandAddressolFacitity 501 N. Baltimore Ave. FH/Crematory Inc. Mt.Holly Springs, Pa. 17065 23b. Ucer1S(t Nurnbe1' Q ~ ~ ;;! Approximafelnterval: Onset 10 Death =~~~=~ /lU i6v:/I~'l.h-.. 2a. (Md TobaC:Ca Use Con\fibut9 \0 Death? o Yes OprcOall~ j:;] No Dun""'" 29. If Female: DNol_wllhinpastyaar o Prognantat....ofdoa.. o NoIpregnant,bIApregnanfwilhln42days ofclealh o Not pregnanI,but pregnanl 43 days to 1 year beIo<a_ o UnIl:nown if pregnant Within Ih& pllSt year 32c. Place of Injury: Home, Farm, Street, Factory, Offiol 6o"ng, etc. (Spedfy) ~ CJ -"'''''''''''''''', 'any, leaiinalothecauselistedonfinea. Enter !he UNOERLYtNG. CAUse ~~~n~~ST~ . 3Oa. Was an Aulopsy Performed? d. 3l>>.We<<lAu_RrMIngs Available Prior to Completion of Cause of Death? '\.--- DYes ~ DYes ON<> 31. Manner 01 Dealh J:2fNatural 0 Homicide 0- 0 Pen~ngl",_tion o SuiOdo 0 Coo~ Nol be OeIarmined 32d. l1me of I~UlY 32g. Location of Injury (Street, cily I lown, stale) ~ Z Q W U W Q o W ~ 32f. IfTranspoflalion Injury (Specify) Oo.w..IOt>er.>"" 0."""91' OP_"'" M. OIher-Specify: 33a Certifier (check only one) 33'0. Slgria and Tille at Certllier ~=:':i:Ia=:"=~C::ut~=~::~~r:=:ed_~~h_~:_~~~~ ~~__.._______.... __ _.. _ (6 .. =:U~":t8;: ~:Ian~~ :;1=::~~::1okl~~~~ I1\8Mef 88 stated_ _.. _ _ _ _ _.... _.. _ _ _ _ _.. 0 33c. License Number 33d. Date Signed (Monll1. day. yoarj .................,eo. I'lDU:....'5'i: E 61 sl o~ On the basis of 811amtnaC;: and I or hwestlgetlon, in my O9Inion, death occurred at Iht lime, dale, and pl8C&, and due 10 the cwse(s) and manner as stated- 0 34. Name and Address of Person Who Comp/eIed Cause of Death (lIem 27) Type I Prirlt ."")) '/Iell \a "- ~"-L"" \ \V\D '~~~ (\;l "",1+-."""'.... ~ \~<t \"'\ <" l<J ":1 \l Oispos.itlor. Permit No. FI h.ulcl I.:). I I I.;). I \ 11\ I LAST WILL AND TEST AMENT OF JUNE K. OTTO RECORDED OFFICE OF REGISTER OF WILLS 2008 MAY 16 . ~ CLERK OF ~fI' ORPHANS' COURT CU;\ffiERL\ND CO., P.\ I, JUNE K. OTTO, widow, of South Middleton Township (mailing address: 331 East Old York Road, Carlisle, Pennsylvania 17013), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. I. I direct my hereinafter-named personal representative to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that my funeral services be conducted by Hollinger Funeral Home, Mt. Holly Springs, Pennsylvania, and that my body be interred beside that of my husband, Ray E. Otto, on our burial lot in Mt. Holly Springs Cemetery. I direct that all inheritance, transfer and estate taxes, including interest and penalties thereon, which may be payable on account of my death shall be paid from the residue of my estate regardless of whether the asset upon which any such tax is based is a part of my probate estate. 2. If at the time of my death I am still the owner of the farm on which I live, including any abutting tracts of land, or any portions thereof, located in South Middleton Township, Cumberland County, Pennsylvania, I give, devise and bequeath as follows: (a) The house and approximately five (5) acres of land, known as 331 East Old York Road, including all of the household goods and furnishings located in the house at the time of my death, to my hereinafter named Trustee, for the benefit of my two grandchildren PHILIP C. PACE and LEAH K. PACE as part of the Trust hereinafter provided for them. (b) All of the remainder of my real estate which I may own which is located in South Middleton Township, Cumberland County, Pennsylvania, and which lies South of the southern line of East Old York Road, known as Pennsylvania Route No. 174, and which contains approximately 35 acres, I direct shall be transferred to my faithful friend RANDY L. CRAMER, his heirs and assigns, of 170 Red Tank Road, Boiling Springs, PA 17007, agreeable to the Agreement of Sale into which I entered with him on April 28, 2007, in which Agreement I agreed to convey the same to him for a consideration of $1.00 which he paid to me upon the execution of the Agreement of Sale. This Agreement of Sale was entered into by me with Randy L. Cramer in appreciation of the many kindnesses and help which he has extended to me over a period of a number of years. 3. I give and bequeath the sum of Two Thousand Five Hundred ($2,500.00) Dollars to my daughter JANICE K. PACE, her heirs and assigns, in this modest amount, not because of any want of affection for her, but because she has already received from me the bulk of what I want her to have, but should she fail to survive me then the same shall lapse and be added to the residue of my estate. 4. I give and bequeath the sum of Two Thousand Five Hundred ($2,500.00) Dollars to my son-in-law GREG L. PACE his heirs and assigns, but should he fail to survive me then the same shall lapse and be added to the residue of my estate. 5. I give and bequeath the sum of Ten Thousand ($10,000.00) Dollars to each grandchild of mine, his or her heirs and assigns, provided each grandchild shall survive me by a period of ninety (90) days, but should any grandchild fail to so survive me, then the share such grandchild would have received shall pass to such of his or her issue, their heirs and assigns, as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be included in the residue of my estate. At the present time I have the following grandchildren: PHILIP C. PACE who was born July 11, 1985, LEAH KATHLEEN PACE, who was born May 16, 1988, both of whom are the children of my daughter Janice K. Pace; and SHANNON THERESSA OTTO, who was born May 3, 1987, and KEVIN RAY OTTO, who was born April 23, 1991, who are the two children of my son, Edwin R. Otto. " _ ,:x /L~/72T Page1of4~ /-C~~, ( /'" ,/ 6. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath as follows: (a) One-half (1/2) to my son, Edwin R. Otto, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to such of his issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes. (b) The other one-half (1/2) thereof, I give, devise and bequeath to my hereinafter named Trustee and his successors, in Trust for the benefit of my two grandchildren, PHILIP C. PACE and LEAH K. PACE, including the real estate hereinbefore mentioned of my house and its furnishings located on approximately five (5) acres of land, as hereinbefore provided, to receive and to invest the same and to pay the income arising therefrom at least annually to or for the benefit of said two grandchildren so long as they shall live, the income to be applied first to the taxes and insurance payable in connection with my said residence at 331 East Old York Road, plus maintenance and repairs of the same, and plus all charges or expenses for utility services including electricity and television cable, and any other services to the premises, with any income in excess of that required for said purposes to be paid, at least annually, one-half to each of them, provided my grandson, Philip C. Pace shall be gainfully employed at least 20 hours per week, and if not then no cash shall be distributed to him, but that which would otherwise have been distributed to him shall be paid to his sister Leah K. Pace. Upon the death of my grandson, PHILIP C. PACE, I direct that the assets of the above trust from which he was receiving the income shall be paid to his legitimate issue surviving him, but if there be no such issue then the same shall be added to the share of the above trust from which my granddaughter, LEAK K. PACE is receiving the income. Upon the death of my granddaughter LEAH K. PACE, the portion of the above trust from which she was receiving the income shall be paid to her then living legitimate issue, per stirpes, and if there be no such then living issue then the same shall be added to the share from which my grandson, PHILIP C. PACE is receiving the income. Should both of my said grandchildren die without leaving any legitimate issue surviving either of them, then upon both of them becoming deceased the assets of the above trust shall be paid to my son, EDWIN R. OTTO, his heirs and assigns, per stirpes. The meaning of "Legitimate Issue" as used in this Last Will and Testament shall be limited to a child or children born to a female descendent of Testatrix regardless of whether the mother is married to the father of such a child or children, and shall be limited to a child or children born to a male descendent of Testatrix where the father of such child or children is married to the mother either before or after the birth of the child or children. Should the occupancy of my two grandchildren PHILIP C. PACE and LEAH K. PACE of my house at 331 East Old York Road cease to be desired by them or should my Trustee be of the opinion that said house and approximately five (5) acres of land should be sold and the net proceeds of sale invested as part of the corpus of the Trust, my Trustee and his successor is authorized to make such a sale and conveyance as he deems desirable. No title, in any trust hereby created, or in the income accruing therefrom, or its accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to transfer, assign, anticipate or encumber his or her interest in said trust, or the income therefrom, prior to the actual distribution thereof by the Trustee to said beneficiary. Further, neither the income nor the principal of said trust shall be liable in any manner, in the possession of the Trustee, for the debts, contracts or engagements of any of the beneficiaries. 7. Should any person less than 21 years of age be entitled to distribution from my estate, in such event I nominate, constitute and appoint my son, EDWIN R. OTTO as Guardian of the estate of each such person who is a descendent of him, and I appoint my broker, PATRICK K. MYERS as Guardian of the estate of each such person who is a descendent of my daughter, JANICE K. PACE, but should any such Guardian decline to serve or cease serving as such, then in such event I nominate, constitute and appoint my hereinafter named Executors as alternate or successor Guardian of the estate of each such person, but should my Executors decline to serve or cease serving as such then in such event I direct my Executor to seek an appropriate Guardian and obtain approval from the Cumberland County Orphans' Court having jurisdiction of my estate of the Guardian proposed. I further authorize and direct each Guardian of the estate from time to time serving as such to pay the income arising therefrom, together with so much of the , p ..' . Page2of4( ...7 .' ~...'" ..;'//.i/r----- ;/ . C~-?'Z~_ {_f' / / 0- principal thereof as in the opinion of such Guardian is necessary or desirable to be expended for the proper maintenance, support and education of such person less than 21 years of age, to or for the benefit of such person, and upon such person attaining 21' years of age to pay to him or her all of the income arising therefrom at least annually and in addition to pay to him or her so much of the principal thereof as such Guardian shall deem reasonable and desirable for purposes of education, applying toward the purchase of a personal residence, or any other expenditure deemed appropriate by both the Guardian and the person for whose benefit the fund is held. Upon the beneficiary attaining 30 years of age the then remaining principal together with any undistributed income shall be paid to the beneficiary, but this provision shall not prevent the Guardian from making a complete distribution of the principal and income to the beneficiary at any time deemed appropriate by the Guardian from the time beneficiary attains 21 years of age and before attaining 30 years of age. 8. I hereby nominate, constitute and appoint my friend and advisor PATRICK K. MYERS as Trustee of the Trust hereinbefore provided, but should he cease serving as such then in such event I nominate constitute and appoint his wife, LORI K. MYERS, of 518 Katrina Court, Mechanicsburg, PA 17050, as successor Trustee. 9. I hereby nominate, constitute and appoint my son EDWIN R. OTTO, and my friend PA TRICK K. MYERS, as co-Executors of this my Last Will and Testament and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania, or in any other jurisdiction. 10. In addition to the powers conferred by law, my hereinbefore named Executors and Trustees and any person serving as Guardian of the estate of any person entitled to distribution from my estate, and their successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the Page3of4 ~ ./~ $--,. principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undi vided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on four (4) pages, this (r:;::e1':-. day of /u7 ,2007. -.! /1:~-j / /, /:::~~\--~~q0<(T~EAL) -'" JUNE K. OTTO Signed, sealed, published and declared by JUNE K. OTTO, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~~~h,~~ Page 4 0{4 J /- Of .05t(l..{ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of JUNE K. OTTO , Deceased Robert M. Frey , (each) a subscribing witness to the I IWilll ICodicil presented herewith, (each) being duly qualified according to law, depose(s) an. say(s) that she / he / they was / were present and saw the Testator / Testatrix sign the same and that she/he/they signed as a witness at the reque~ of JUNE K. OTTO the Testator / Testatrix in her / his presence and in the presence of each other. ~~/ ~~ (Signature) (Signature) 5 South Hanover Street (Street Address) (Street Address) Carlisle PA 17013 (City, State, Zip) (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed before on the I (gfh day of May 2008. Sworn to or affirmed and subscribed before on the day of May 2008. Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. RECORDED OFFICE OF REGISTER OF \XllLLS 2008MAY16 ~ CLERK OF ~'" ORPtL\NS' COURT CU},fBERLAND CO., P A Reaister of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estate of JUNE K. OTTO No. 21-08 -9-14 Also known as , Deceased ROBERT G. FREY (each) a subscriber hereto (each) being duly qualified according to law, depose(s) and say(s) that they are familiar with the signature of ;:ru~ 1<.. 6 {-fa of the Will presented herewith and that each believes the signature on the Will is the handwriting of JUNE K. OTTO to the best of our knowledge and belief. ~. Sworn to or affirmed and subscribed before me this ~ day of May, 2008. Robert G. Frey 5 South Hanover Street Carlisle, PA 17013 ffiJlo1A~ 3JMCLJi!li1~.. rl Register ")'" ' ,'{'Dl'3-'Jy{ClJ ~ tl "0') C1\'l.SN."'1-\tl~O \ nO') I ' :L~,l ~'3-'l') d JO " '3oo'Z. , 9\ ~~'3-:LS19gll gll S'1lv~ J C13.~0') ~o 3.")H~O