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HomeMy WebLinkAbout06-03-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Janet Kitzmiller Shelly also known as Janet K. Shelly CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-- b <6 0 \0&.\ , Deceased Social Security Number 205-09-9289 Sandra L. Renninger Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~'or 'B' BELOW:) [R] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the last Will of the Decedent, dated 10/12/1989 and codicil(s) dated named in the State 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No exceptions. D B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente lite; durante absentia; durante mmontate) 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.) Name Relationship Residence >- :z \0 .. c.n \Q ~::-:> c') ""Tl .' .- '1" 'i ;.~~;~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her 1115 South York Street, Mechanicsburg, Upper Allen, Cumberland, PA 17055 (List street address, town/city, township, county, state, zip code) .,'), ,"'-':, Decedent, then 87 years of age, died on 05/19/2008 at 1107 South York St., Mechanicsburg (Upper Allen Twp.), PA 17055 Decedent at death owned 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 of real estate in Pennsylvania $ situated as follows: 1115 South York Street, Mechanicsburg (Upper Allen Twp., Cumberland Co.) PA 17055 2,732,000.00 750,000.00 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 undersigned: Typed or printed name and residence Sandra L. Renninger 1107 South York Street Mechanicsburg, PA 17055 Form Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of2 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. Signature of Personal Representative Eo . Renninge~:EC') ~~Fn ~,:o .U'}~ OQO 8~-n ;~ ~ ,...;1 c::;:l c::;:l ClCl -3 .., Sworn to or affirmed and subscribed before me this c: z: , (.0) ;....! :..;;', ~:;c; ~;,:'_~ f:~i (,-. s:;-) Signature of Personal Representative ;po :J: \D .. <J1 \D ""', ,~) --i"~ C} r~~~_ File Number: 21-- () ~ -()lo~<i Estate of Janet Kitzmiller Shelly NKJA A1K1A Janet K. Shelly Social securi~umber: 205-09-9289 AND NOW, W :3 , having been presented before e, IT IS DECREED that Letters are hereby granted to Sandra L. Renninger , Deceased -::;-:- 17 J Date of Death: 05/19/2008 J1lJ5 , in consideration of the foregoing Petition, satisfactory proof Testamentary in the above estate and that the instrument(s) dated 10/12/1989 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. ! Lt~~~Ob Letters........ ~3.1............ .................. $ Short Certificate(s)..........J9...... $ co 1<1\0 ~DoO Renunciation(s)............................. $ LUII( ~ Attorney Signature: $ IS- ID S- Attorney Name: Neil E. Hendershot Esq. $ Supreme Court I.D. No.: 23316 Goldberg Katzman, P.C. Address: 320 Market St. PCB 1268 Harrisburg, PA 17108 $ $ $ $ $ $ $ TOTAL.................................... $ /9g)CYJ Telephone: (717) 234-4161 Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page 2 of2 Hj(I.'),SII) REV {()1/()~1 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 he forwarded to the State Vital Records Office for permanent filing. /~ /Jl ~ MAY/2 2 2~OB Local Registrar Date Issued f"ooo,) c::::l c::::l c::o c... c:::: :z: I W Fee for this certificate, S6.00 ~;;, .,.,'<~\.," OF pi;,-----__ /\~~1'<ij,"'--- ~$ ~_" 1Iia." ~:~ .~( ""~ \7"'>- ~Q( ~ -#'.' \~~ ~ w~~ _. -,f~~". .,;I2;:,.~ ~*~ ~" '/*. \*-, '0:' /~/ ~ ~~ /:$>." """-----~/MENl \f{~~,'lll\. -';"""N//NIIIIII",1 P 14331143 Certification Numher ~~ m~~ ~u5^ ~g~ P::o :u...... ":JJ;. .,. fT: c> S f.......' . . -..,.".,~ _",/- C', 1.--:::> -. . -T', :!J C') r-'r.!; :Do :x '!} en \D COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) REV 11/2006 PRINT IN AANENT CK INK J...\ 0<6 0 STATE FILE NUMBER 1, Name 01 Decedent (First, middle, las\, suffix) Janet 205 - 09 9289 Shell i9, 2008 K. 6. Date of Birth (Month, day, year) 5, Age (Last Birthday) Other: o Nursing Home Kl Residence OOther - Specify 9. Was Decedent of Hispanic Origin? IKl No 0 Yes 10, Race:.American Indian, Black, White, etc (1I yes, specify Cuban, (Speedy) Mexican, Puerto Rican, etc.) whi te September 25,1920 Shippensburg, 87 Yrs. 8d. Facility Name (11 not institutioo, give street and number) 8b. County of Death 1107 S. York Street Upper Allen Twp. Cumberland 12. Was Decedent ever in the U.S. Armed Forces? DYes IXINe 13. Decedent's Education (Specify only highest grade completed) Elementary I Secondary (0-12) College (1-4 or 5+) 12 2 14. Marital Status: Married, Never Married, Widowed, Divorced (SpecifY! Widowed Did Decedent Livelna Township? . 16. Decedent's Mailing Address (Street, city f town. slate, zip code) 1115 S. York Street Mechanicsburg, PA 17055 Decedenfs Actual Residence 17a. State Upper Allen Pennsylvania Cumberland 17c. lXI Yes, Decedent Lived in 17d. 0 No, Decedent Lived within Actual Limilsol Twp 17b. County City/Bore 19. Mother's Name (First. middle, maiden surname) Mary Johanna Frehn 2Ob. Informant's Mailing Address (Street, city I town, state, Zip code) 1107 S. York Street, Mechanicsburg, PA 17055 21c. Place of Disposition (Name of cemetery, crematory Of other place) 21d, Localion (Cky flown, state, lip code) 18. Father's Name (First, middle, last. suffix) Dana S. Kitzmiller 21a, Method 01 Disposition fl Burial 0 Removal from Stale D Other. Speci 22a. Signat I Rolling Green Cemetery 22c, Name and Address of Facility Parthemore FH & CS, Inc., P.O. Box 431, Lower Allen Twp., PA 17011 17070 . ~ "'Cl. Part II: Enter other sionificant conditions contributino to death, but not resullil'\Q in the underlying cause given in Part I. Approximate interval: Onset to D&ath 28. Did Tobacco Use Contribute to Death? goy" D Probably o No 0 Unknown 29. II Female [JJ'Not pregnant within past year o Pregnanlaltimeofdealh o No! pregnant, but pregnant within 42 days ofdealh o Not pregnant. but pregnant 43 days to 1 year before death o Unknown if pregnant within the past year 32c, Place ollnrury: Home, Farm, Street, Factory, Offlce Building, etc. (Specify) COPD ~OI1Ptl( iGoYl ~~~I~~~tt~~~ d~~t~\ rnSf~ SequenliaUy list condilions, it any, ~~l~ ~JD~~I~~~AU~g a. (disease or Injury that initiated he events resultiilg In death) LAST. b. Due to (or as a consequence 01): Due 10 (or as a consequence of)' d. 31. Manner 01 Death ~ral 0 Homicide o Accident 0 Pending Investigation o Suicide 0 Coold Not be Determined 30b. Were Autopsy Findings ~vailable Prior to Completion 01 Cause of Death? 3Oa. Was an Autopsy Performed? 321, IlTransportabon lnjul'f (Specify) o Driver I Operator 0 Passenger 0 Pedestrian Do~" . Speci~, 33b. Signature and Title 01 Certifier 32g. Location of Injury (S1reet, city flown, state) 32d,Timeoflniury DYes [llNo Dyes DNe M 33a Certifier (check only one) ;:::~r:s:~:~I~~~::i::.nd~~~Y:~~~s: ~~ ~t~:ceanu:~~~h~:~~~rh:: =~ed_ d~a~h _a:d ~:~I~~ ~e~ ~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 .,. ~~~:U=~~:fa~~ :::r~~~~:~~~a~d:~::i:~ :~I:~~~~~n:e:;~~~s:rtZ;~ot~~a~:~:(~~~~ manner as staled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~~c:~~:~sm~;-::~;~~~t:~ and f or invesllgation, In my opinion, death occurred at the lime, date, and place, and due to the cause(s) and m3nner as stated.. 0 33c. License Number ()';{)(Jro 2 Lj I L I.,LI II ~I /1/ 35, Registrar's ~ 02ze2.32 nisMsilion Permil No LAST WILL AND TESTAMENT (") Co 5::. ::lJ OJ-o rn::J:CJ s.;.~h; :> -"'-:: ::0 ::::: (f) /' oQ~ 8e ; :n jjZ-l OF JANET KITZMILLER SHELLY f"-,) c...-" c::> c::o c..... c:: Z I W ):P :3t ~;:,'~j " C) ~-.:~.~ C'i-i ;:~ ~J <t---} "'i' 'F! (..n ~ I, JANET KITZMILLER SHELLY, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking and making null and void all prior wills and Codicils made by me at any time heretofore. ITEM I. I direct that all my legally valid debts, funeral and administrative expenses, and debts incurred or payable because of my death, shall be paid by my Executor, hereinafter named, from my residuary estate as soon after my death as practicable. All death taxes, including federal, state, and other death taxes, payable with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed thereon, shall be considered an expense of the administration of my estate, and shall be paid out of the principal allocable to the residue without apportionment or right of reimbursement. Taxes on future interests may be prepaid. ITEM II. I bequeath my household and personal effects, jewelry, automobiles, and other tangible personalty of like nature to my husband, BENJAMIN S. SHELLY (hereinafter my "Husband") if he survives me. If he does not so survive me, I make said bequest to my daughter, SANDRA LEE RENNINGER (my "Daughter"); Provided, however, that if my Daughter does not survive me, but leaves descendants who so survive me, such descendants shall receive, per stirpes, the share my Daughter would have received had she so survived me. ITEM III. If my Husband, BENJAMIN S. SHELLY, survives me (and I direct that, for the purpose of this Item, he shall be deemed to have survived me unless it appears unmistakably that he predeceased me), I make the following bequests: A. In such event that my Husband survives me, if the federal estate tax due because of my death will be reduced by making a bequest for his benefit, I then give, devise, and bequeath to SANDRA LEE RENNINGER, of Mechanicsburg, Pennsylvania, as trustee (my "Trustee"), IN TRUST, NEVERTHELESS, the least amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax payable by reason of my death to the lowest possible figure after full use of all other deductions and credits 2 allowable in calculating the federal estate tax, except that such amount shall be calculated without regard to the augmenting of my taxable estate by reason of generation-skipping transfers, and without regard for any credit for state death taxes that would not otherwise be payable. with respect to the bequest and the trust created under this Item III. A., which shall be known as the "Marital Bequest", I hereby direct as follows: 1. If the marital deduction or any similar benefit is allowable with respect to any property, including property held by entireties, which my Husband has received prior to my death, or at my death will receive otherwise than pursuant to this ITEM III. A., the value of such property shall be taken into consideration in calculating the size of the Marital Bequest created under this ITEM III. A. 2. No property ineligible for the marital deduction or any similar benefit shall be distributed to the Marital Bequest for my Husband, pursuant to this ITEM III. A. 3 3. Either cash or investments or both may be allocated to the Marital Bequest under this ITEM III. A. 4. Any property allocated under this ITEM III. A. in kind shall be valued at the value at which it is finally included in my gross estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. 5. My Husband shall be paid the entire income from the principal in such periodic installments as my Trustee shall find convenient, but at least as often as quarter- annually. 6. My Husband is hereby given a power to appoint by will to his estate or to others, in such manner and for such estates as he may 4 appoint, exercisable only by specific reference by him alone and in all events over the principal of this trust. 7 . As much of the principal of the trust as my Trustee may, from time to time, think advisable for the support of my Husband or for expenses during illness or emergency shall be paid either to him or else applied directly for his benefit by my Trustee. 8. In addition to the above provisions, my Husband shall have the power to withdraw such amounts from principal as he shall desire from time to time, including the entire exhaustion of principal. 9. If my Husband shall fail, either wholly or in part, to exercise effectively the power of appointment created in the preceding subparagraph 8., the unappointed principal shall be added to, and thereafter treated as part of, the principal of my residuary estate passing under ITEM IV. hereof; Provided, that my Trustee shall first deduct and pay to the personal representative of my Husband's estate 5 an amount equal to the increase in federal and state death taxes and any increased administration expenses which his estate will have to pay because of the inclusion of the principal of this trust in his estate for tax or administrative purposes. 10. If any provision of my Will shall result in depriving my estate of the marital deduction for federal estate tax purposes, such provision is hereby revoked and my will shall be read as if any portion thereof inconsistent with allowance of the marital deduction for federal estate tax purposes is null and void. 11. If my property is insufficient for payment in full of all legacies and devises, I direct that this Marital Bequest shall be preferred over all other legacies and devises. B. In such event that my Husband survives me, I give, devise, and bequeath all of the residue of my estate, not otherwise disposed of above, whether real, personal, or mixed, and wherever situate, including any property subject to any power of appointment which I may now have or hereafter acquire, to my Trustee, SANDRA LEE 6 RENNINGER, of Mechanicsburg, Pennsylvania, IN TRUST NEVERTHELESS (such trust to be known as the "Residuary Trust"), for the following uses and purposes: 1. My Trustee shall pay the net income to my Husband, BENJAMIN S. SHELLY, during his lifetime, in such periodic installments as my Trustee shall find convenient, but at least quarter-annually. 2. If the income so payable to my Husband shall at any time exceed the amount which my Trustee deems to be in his best interests (considering his other income and means of support known to my Trustee, including the income from his other solely-owned assets, the desirability of augmenting his separate estate, and any other circumstances and factors deemed pertinent), my Trustee may accumulate the same and add it to principal, as my Trustee deems advisable. 3 . My Trustee may also pay as much of the principal of the Residuary Trust as she deems necessary or advisable, from time to time, for the support and maintenance of my Husband at 7 such times as my Trustee deems best, after considering his needs, his other income and means of support known to my Trustee, including the income from his other solely-owned assets, the desirability of augmenting his separate estate, and any other circumstances and factors deemed pertinent. 4. During illness or emergency, my Trustee may either pay a distribution to my Husband or may make a distribution for his benefit. 5. Upon the death of my Husband, the assets remaining in the Residuary Trust shall be distributed by my Trustee pursuant to Item IV. hereof. ITEM IV. In the event that my Husband has predeceased me, or upon the death of my Husband after funding of the Residuary Trust created under Item IV. above, my Executor or my Trustee, as appropriate, shall distribute my entire Estate, or the remaining principal of the Residuary Trust, outright to my daughter, SANDRA LEE RENNINGER, of Mechanicsburg, Pennsylvania, or to her then living issue, per stirpes, so that, if my Daughter does not so survive me, but leaves descendants who so survive me, such 8 descendants shall receive, per stirpes, the share my Daughter would have received had she so survived me. ITEM V. The interest of beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. ITEM VI. I hereby appoint my Husband, BENJAMIN S. SHELLY as the executor (my "Executor") of this, my Last will and Testament. In the event of his refusal or inability to so serve, I then nominate and appoint my daughter, SANDRA LEE RENNINGER, of Mechanicsburg, Pennsylvania, to serve in the capacity as successor Executor with all powers and authority as vested in my Executor. In the event of her refusal or inability to so serve, I then nominate and appoint my granddaughter, JULIE RENNINGER, of Mechanicsburg, Pennsylvania, to serve in the capacity as successor Executor with all powers and authority as vested in my Executor. ITEM VII. I hereby appoint my daughter, SANDRA LEE RENNINGER, of Mechanicsburg, Pennsylvania, as Trustee of the trusts created under this Will. In the event of her refusal or inability to so serve, I then nominate and appoint my granddaughter, JULIE RENNINGER, of Mechanicsburg, Pennsylvania, to serve in the capacity as successor Trustee in the administration of all trusts created hereunder. 9 ITEM VIII. I direct that my Executor and Trustee shall not be required to give bond or post any other security for the faithful performance of their duties in any jurisdiction. ITEM IX. Any person, other than my Husband, who shall have died at the same time as me, or in a common disaster with me, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. ITEM X. My Executor and Trustee shall have the following powers in addition to those invested in them by law and by other provisions of my will applicable to all property, whether principal or income, exercisable without Court approval, and effective until distribution of all property: A. To retain any investments I may have at my death so long as deemed advisable to my Estate or Trust so to do. B. To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, common trust funds controlled by my Executor or Trustee, stocks, notes, real estate mortgages, or other securities or in such other property, real or personal, as my Executor or Trustee deem wise, without being restricted to so-called legal investments. 10 C. In order to effect a division of the principal of my Estate or Trust or for any other purpose, including any final distribution, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date or dates of their division or distribution. D. To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my Estate or Trust, any or all real or personal estate or interests therein owned by my Estate or Trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge, and deliver any and all deeds, assignments, options, or other writings which may be necessary or 11 desirable, in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in my Will. E. To mortgage real estate, and to make leases of real estate for any period of time as is deemed reasonable by them. F. To borrow money from any party to pay indebtedness of mine, or of my Estate or Trust, expenses of administration, or inheritance, legacy, estate or other taxes. G. To pay all costs, taxes, expenses, and charges in connection with the administration of my Estate or Trust. My Executor shall pay expenses of my last illness and funeral expenses. H. To vote any shares of stock which form a part of my Estate or Trust, and to otherwise exercise all the powers incident to the ownership of such stock. I. In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any 12 corporation or company whose securities form a part of my Estate or Trust. J. To combine the administration of any trust created hereunder with another trust created hereunder or under the Will of my Husband having the same terms, trustees, and beneficiary or beneficiaries. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, .t~ J1) consisting of thirteen day of ({J cU.A:_J (13) typewritten pages, this , 1989. 13 We, the undersigned, hereby certify that the foregoing will was signed, sealed, published and declared by the above-named Testatrix, JANET KITZMILLER SHELLY, as and for her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. L (, /~ L~-L 757 ~J_ '~--) (/ ii/ (/i residing at /JO 6;T~ ?c~. /J (,7' / --;-) c~) /v-(~ reA.- ) 7d / / esiding at 23:2 JJrrnIJs' M. /l16C3.1r//l1'V1/15gv/?f;/ ,~. /7tJSJ- I COMMONWEALTH OF PENNSYLVANIA: SS. : COUNTY OF DAUPHIN /7 . We,. J~NET. KITZMILL R Testatrix, and J/::::)~.:.t~...,.:~( '-;?". ,.;;)t:~,t and ',_ -. , the wi tnesses, respectively, whose names. re s' t ~ foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the will as witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ C~~HE~ , /) / '-..-/ l / -te.z-. n W~ ~/J~ '\.J--- - Wit :>"L~- ( SEAL) 14 NOTARIAL SEAl JANET M. SHAFFER, Notary Public Harrisburg, PA Dauphin County My Commission Expires March 23, 1992 /'