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HomeMy WebLinkAbout06-16-08PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennpsylvania /~ Estate of Barbara C. Arndt File No. p~ ~ - ~ 0 ~ (~ ~ 5V also known as Barbara L. Arndt Deceased Social Security Number 578-22-0661 ~' C7 Petitioner s ~, who is/are 18 ears of a e or older a 1 ies for: -' ~-- `- ' --' () Y g PP YC )r7. ~ COMPLETE `A' OR `B' BELOW.) ',~' T r ,~ , ~' i~~ -- ® A„ Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executrix named in the L~st=,V~11 of t~'Decedent dated 1(1/23/2000 and codicil(s) dated NA - +` ~ ~ `- -; : ~. ~., Robert E. Arndt, named in the Last Will and Testament as the 15` choice died on March 12, 2002. 1 7 ~ _.~ .. v 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 instruments offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person: NA ^ B„ Grant of Letters of Administration (If applicable, enter c. t. a., d.b.n.c.t.a.: pendente liter duranteabsentia; durance 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 compete list of heirs. Name Relationship Residence (COMPLETTE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 31) Westfields Drive, Mechanicsburg, Silver Spring Township, PA 17050 (list street, number and municipality) Decedent, then 84 years of age, died on Apri128, 2008, at 30 Westfields Drive, Mechanicsburg, Silver Spring Township, PA Decedent al: death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 10,000 (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: None 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: Signature Typed or printed name and residence ~ Zoe Ann Bouchelle ~~yp~~~) ,~ /~y{~„ ~ G'' 12135 Falls Road '~~ (, ~ IS iV tc Cockeysville, MD 21030 Form RW-0<? rev. 10.13.06 Page 1 of 2 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland SS The Petitioner(s) above-named swear(s) and 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. Sworn Ito and affirmed and subscribed before me this ~~~ day of 20 O ~~~~~~ Personal Signature of Personal Representative Signature of Personal Representative C7 c~~~ File Number: ~' - ~n O~t7 ~~ Estate of Barbara C. Arndt a/k/a Barbara L. Arndt ,Deceased Social Security No.: 578-22-0661 AND NOW, Date of Death April 28, 2008 ~:, ~_t ~ C7 ~ r:: ~- - :-r-i ~~ - , <~ `~ ,~_ ,__~ ~~ -~ in consideration of the foregoing Petition, having been presented before me, IT tS DECREED`fhat Letters Testamentary are hereby granted to Zoe Ann Bouchelle in the above estate and that the instrument (s) dated October 23. 2000 descrit~ed in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~ ~ Letters' ........................ $ ' . Register of Wills p' Short Certificate(s) ............. $ Attorney Signature i~Z Renunciation .................. $ `- j (~ $ Attorney Name Vi Ann Trimmer Surrcme Curt LI. N~.: 49679 drY~' $ $ Address: TOTAL .................. $ ~ Telephone: 3401 North Front Street Harrisburg, PA 17110-0950 717-232-5000 C.,_ CS'o ~: ~~ ~--- ; lli~~a~vao2 rev. 10.13.06 Page 2 of 2 i(15_gp5 REV (01/Oi) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, X6.00 P 1484040 Certification Number V , ~~p"'" This is to certify that the information here given i. correctly copied from an original Certificate of Deati duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office for permanent filing. Local Registrar Date Issued H7061H flEV 11(!006 TYPE / PNINT W PEfliMNENT SIACK N/K #31•-2 Fig COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See instructions and examolas on reversal f ~.3 C '? ~ C~ ~~ ~~ T.-~ _ ~~ ~,_ 1 1 • `~ ~ J t - -- !~ ~.'" -•.,J 1. firs a oaadww (FirM, nwgra, le4 eatr{ z. Saa 3. saw skab Nu,rmer .. _ .•_._ a Wr a Owwr (Meat, dry. Y++A Barbara L Arndt Female 528 - 22 - 0661 April 28, 2008 s. Ape M1aM swwfeyl !Ater 1 ii,der 1 m s. Dar d SNh Mawr. 7. rr ar a r. Praw a Deem t arJ 84 rare o.rr "°"' """ Napes: om.n March 10, 1924 Washington DC, DC Yre. ^mpelra ^Eploap.irw ^DOA ^NaW,pNave Heerr,a Qomr-sPrry: • m. Court' a De;Nh ec CMy, Trq. Deem &I. FmNy Nm (p m irlirtlan, 9^• War em neroar{ 9. Was Daadra d HnWwc Odpn7 aNo ^ YM t0. flea: Aerrkan bran Sbdt Mm+e. sic Cumberland Silver Spring Iw Y++. carry Cuban, 30 Westfields Drive Meeian,PaMfwcrt,rc.) (~ White 11. Dsadrde Uwtl Ked d work Uar mal d W. 4 na ewe 12. iVee Deaden! evr h me 13. DaadMds Eduadbn (SpacMy awy 1wprM Sf+d+ampwrp 11. Merin SWnr: Married, New Meram, 15. Survivgp Spare (tl Mr, pw narsn rwaro{ IC d dVlai Kind d Saersa / IMrMiy U.S. Amrd Facea7 Ew,wtMry I Seminary (012) Catlepa (fd a Sv) MAtlorm• ~~ (~M'{ Homemaker Own Home ^yes ®ab Widowed - 16.oeudrwaMdYpMJ-aca(Srast,dglMw,,rtlw,zipmda) OacetleM's ~ Silver Spring T a " " 's id PA 30 Westfields Drive e. r. aics 1 T +70 ~Y«.o.a.da+udb ~ '" a ~ Mechanicsburg, PA 17050 tdad rsYl, 1m. crH,wy Cumberland 1Td.^ ~ a Cry~Aao 10. Fmrr's Nenr (FaM, nwrldk, laM. tuIPoU William Crane tp. Mdr1, Narro IFea4 ne0da, eridan NmrM) Mamie Hardell 20e. wamrKS Nartr (iyya ~ Pna) _ 2tlb. bfaronys Mailnp Ames (Se+st. c+Y I brr,, MYe, ilp ea4) Zoe Ann Bouchelle 1235 Falls Road Cockeysvtlle, MD 21031 21+Mmbdtll0kpakon ^Genrian ^pprypn 21b. Ora dOhpaiO+n Malr,dry~year) 2h. 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Part 1: EnW er fdaY).daYaOY -dreaea. ,quW, a axrplicaems -tlrl duaaty ceuae0 me deem. W NOT ter IerrNnr,rvenk aucA w autiac artaM, ~ Gret b Deem ba not raeueip b tM unMwyie orra pies, b Prl L ^ Yq ^ Pmbeay fWpretOry Nlq. a ailerlClwer rwiWa eMiaw Mawig me eUObpJ. lw Day oro crw m each ins. ~ ^ ~ ^ IAiulorl yafE TE cAUSE ~FrM dieaW a ardlan ~ulinpln Ham{ --- +. Hvtyertenaive Cardiovascular Disease ~ CAD, A-Fib 22.NFemw: Due b (a u e aaregrna dl; ^ Na perurw Wm pw yar eei aOMYOIr, M try. p, ~ ^ PryrM r Yma d loam b <suw brd a Mr a Dir b (a u a mroepama dl: ~ ^ Not gepra, W prapnw Wit W d•p Ear IKWEW.YINO CAUSE ' (disea,.anA met... nyr ~ , eases, ~ d - awk ar,ay erA) T. Dueb(a aeamroegrrice at ' ^ Na prepWw, rw prapirwadrysblyrr Q ~ brae deem , ^ IMJboe+YFrprod Wwn I1rPeM yes 3W. Wx n Aubpry 70b. Wra Aubpy Fhdbps 31. Marna d Ham 32a. Drs d 6M•y Mad+, dry, year) _ 320. DaedM Has iYaY OcaarM 32c. PW tl bFwy: floors, Faint. EeeM. Fecday, Prbnral7 Aveyebb Pda b Cmp4tlm (y~ Nebrr ^ Hanuade 04a 6aN'4 ale. ISpsd)') d Cauca d Dar07 I-'~ ^ Yes ~a{ ~ ~l Q y~ Q Ne ^ 'kadaq ^ Pa'dmY 1nveWWlio^ 32d. Tiro d mJtay 32a. %W M Nbrk? 321. tl T+wrpaYYOn YM•Y l~ra'r19 32p. lncrim d YyaY (9rer, dtY / 4m. Mrs) • ^ Suiada ^ Coub Nd be Delemwr0 ^ Yea ^ No ^ Drhw / OpeaWr Q Pueapr ^PehW,an M Oew' SPea'Y' i 33a. Derry (aMrx Dry ar{ 33b. Sprbea rr rd. a • c.nxymp Pbyrar, (nryzaa a«rriw raa. a deem xMn rrdrr phyaiden nas aana,ad a.am rb ampwed iwn zaJ Co r one r - Utlro b.rdry WbwYdpe, damtaaurM duagmr aew(a{am errwrrwbd..__-----'----__~----------------- ^ • Ratour,cYip end prWymi PKYeklae (Ptrysiaan hdh prawnaig d~em+V aMytq b ease d deem! r eb wra Me b d m d ^ Sic.lbenw Nunhsr 33d OW Slprd (Monet, daY• yar{ o ar a rb pa, e, oa.,xrmrlM tinr,rMq, and prcw err n,b ur cwee(q and mrwwwrated------------------ „«p ,E ~,i~ , ,, April 30, 2008 ~ „ e, , , 7y.,,,,// On~dr baMaa,antawkr,am/am'tiUEWo4bmy apawon, deem occurred rtlr WrK era, end pea, red dwatlr aaa(q and ntrewrarrd.iCY. 3e. Nam rr AdtrwaPana wro Caua aoan (wmsn Typsr Pha i N C l '+ ~ I~ I ~ I ~I la I 38'DM'~"d('"«w'•dn'•~ oroner orr e, M chae L. 6375 Basehore Road Suite O1 , • . - ~ r Mechanicsbur PA X7050 Diepceifion P.rmi No. a ~ a ~ J :J e ~~~~-~~1~'0 LAST WILL AND TESTAMENT of Barbara C. Arndt I, Barbara C. Arndt, of 30 Westfields Dr, Mechanicsburg, Cumberland County of Pennsylvania, being an emancipated adult of sound and disposing mind, DO HEREBY designate this my LAST WILL and TESTAMENT /revoking any and all wills and codicils made by me /having made no wills prior to the date set hereinafter. GENERAL PROVISIONS ~o f~ ~ ___ ~ ` ' c- Article I EXECUTOR ,_ ~- ~ ~ - . ;, ~,, , Section 1.01 NAMED. ~;?. ~;;_- (a) I do hereby name Robert E. Arndt to act as executor(s) of my estate. ~~~ ~~~ , ~ . - ~~ ` ' ' (b) Nn the event that the above-named executor(s) shall fail to qualify or cease to act, I appoint ;Zoe Ann Bouchelle in his/her/its place. Section 1.02 RIGHTS and PRIVILEGES. They shall have all the rights and privileges accorded by law and the specific rights and responsibilities set forth hereinafter which shall be exercisable without court authorization. Section 1.03 FEES and BONDS (a) The executors named hereinabove shall receive NO FEES. (b) It is further provided, that my executors shall serve without bond and shall be held harmless unless the damages were caused by gross incompetence, gross negligence or actual intent to defraud. Section 1.04 To cooperate with the trustee(s) of the ROBERT and BARBARA ARNDT Living Trust, dated Ucco g g 2 -z 3 , 2000. Section 1.05 To complete the administration of this estate as rapidly as possible. Article II. MANAGEMENT PROVISIONS I, hereby, authorize my EXECUTOR(S) in his/her/their discretion: Section 2.01 To retain and/or invest in all forms of real and personal property, without being confined to those investments authorized by any statutory list, without being required to diversify and regardless of any principle of iaw limiting delegation of investment responsibility of executors; Section 2.02 To compromise claims and to abandon any property which, in my executors' opinion, is of little or no value; - 1 - Init. LAST WILL and TESTAMENT of Barbara C. Arndt Section 2.03 To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property, and to give options for sales or leases; Section 2.04 To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; Section 2.05 To partition, subdivide or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of any real estate in which my estate has an interest and to impose or extinguish restrictions on any such real estate; Section 2.06 To employ and to rely upon advice given by investment counsel, to delegate discretionary authority to make changes in investments to investment counsel, and to pay investment counsel reasonable compensation; in addition to any fees otherwise payable to my executors; Section 2.07 To employ a custodian, to hold property unregistered or in the name of a nominee [including the nominee of any institution employed as custodian], and to pay reasonable compensation to the custodian; in addition to any fees otherwise payable to my executor; Section 2.08 To borrow, and to pledge property, real or personal, as security for repayment of any funds borrowed; Section 2.09 To operate any business of which I was the owner on the date of my death, to the extent permissible under the law, and/or to hire such employees/managers to continue such business until it can be sold or otherwise distributed; and Section 2.10 Except for such specific instructions set forth hereinafter, to distribute in cash or in kind. (a) The executor(s) MAY in their sole discretion make distributions of property on behalf of a beneficiary to such other persons as the executor may deem to be in the best interests of the beneficiary, but the executor(s) cannot be compelled to do so. (b) The executor(s) in distributing the assets of the estate should consider the nature and use of the asset, and to the extent possible, in their discretion, distribute the asset to the beneficiary vwho would most benefit from its receipt. As to any investments that may be in my estate, I would recommend that those investments considered Income oriented, such as cash, bonds, etc be distributed to my spouse, or any trust which would be included in my spouse's estate; and any investment which would be considered Growth oriented, such as low dividend stocks, would be distributed to or on behalf of my descendents. Article III. FUNERAL I, hereby, direct my executors to pay for all expenses incurred in my cremation/funeral, including, but not limited to, cemetery plot, casket, vault, embalming, funeral home's services, death certificates, etc. including such costs that are reasonable thereto. - 2 - Init. LAST WILL and TESTAMENT of Barbara C. Arndt Article IV. DEBTS and BILLS Section 4.01 I, hereby, direct my executors to undertake whatever actions are reasonable and f-rudent to collect all sums owed to me at the time of my death, including, but not limited to, loans (whether secured or unsecured), dividends, interest, unpaid wages, insurance proceeds, and damages under law or in equity, etc. Section 4.02 I direct the executor(s) to pay all debts owed by me individually upon receipt of due proof of both the existence of the debt, and the correct amount owed. (a) Provided, that such debts are unsecured by any property, real or personal. (b) If, however. the debt is secured: (i) it shall be paid if a specific bequest to pay such debt is made herein; (ii) otherwise: 1) the debt shall pass with the property to the appropriate heir. Unless, 2) the secured property is sold by the estate, then the debts secured by that property shall be satisfied. Article V. TAXES and FEES Sections 5.01 I direct the executors to pay from my estate (a) all taxes due, whether as (i) income taxes, (ii) estate taxes, (iii) inheritance taxes, (iv) transfer taxes, and / or (v) personal property taxes, (b) which are payable because of my death, (c) seeking reimbursement from non-probate assets, specifically including the ROBERT and BARBARA ARNDT LIVING TRUST, dated (~ ~o ~ 4 /1. is , 2000 to the extent the assets of the estate are insufficient to pay all of such taxes. Section 5.02 In addition, they shall pay all fees necessary for the changes in ownership which are - 3 - Init. LAST WILL and TESTAMENT of Barbara C. Arndt caused by my death. Section 5.03 Such TAXES and FEES shall: (a) f=irst, be paid from my residual estate; (i) Any taxes paid because of property which passes outside of my estate, shall be deducted from the share to which such beneficiary is entitled of my residual estate, (ii) Otherwise, such taxes shall be considered to be a further gift of my residual estate to such beneficiary. and if that is insufficient, (b) 1:hey shall be apportioned between the specific bequests set forth hereinafter as follows: (i) first, from the monetary or cash equivalent bequests, otherwise (ii) from any hard asset bequests, and my executor(s) shall seek such contribution for such taxes as is appropriate. (c) ;Should my estate be insufficient to pay such taxes and fees, then the executors shall seek contributions for such unpaid taxes and fees from the recipients of those assets which passed outside of my estate, but which are included in my taxable estate(s) for Federal Estate and :state Inheritance and Estate Taxes, in proportion to the amount of such taxes and fees generated by each such asset. Article VI. KNOWLEDGE and DEFINITIONS Section 6.01 Being aware that each state has different laws relating to the definition of "estate" and the rights of survivors, and, further, that the definition of "taxable estate" as set forth by the Internal Revenue Service, includes many types of property which are not included in my probate estate under Pennsylvania law, I, hereby, state that for purposes of this WILL: (a) "estate" shall mean and be equivalent to the probatible estate as defined under Pennsylvania law; (b) "taxable estate" shall mean the "gross estate" as defined by the Internal Revenue Service, and (c) "residual estate" shall mean my estate after deducting all SPECIFIC BEQUESTS and HOUSEHOLD and PERSONAL EFFECTS as set forth, hereinafter. Section 6.02 "Spouse" shall mean that person who is my spouse on the date of my death, and use of a proper name to describe my spouse shall not be an indication of my intention to leave anything to the named person, unless such person is my spouse on the date of my death. - 4 - Init. LAST WILL and TESTAMENT of Barbara C. Arndt Section 6.03 "Child(ren)" shall mean the natural child, adopted child, step-child either legitimate or illegitimate, whether a product of the appropriate union or otherwise, whether now existing or born hereafter. Section 6.04 "Applicable Exemption Amount" shall mean that amount which when added to any prior "taxable" gifts would yield under the then applicable lifetime exclusion a net "Federal Estate Tax" of ZERO ($ 0.00) DOLLARS, plus such additional amount which would generate "Federal Estate Tax" equal to the Death Tax Credit for such taxes owed to the state of domicile. Article VII. COMMON DISASTER and SURVIVORSHIP Section 7.01 If any person, who is an heir under this WILL, by name or relationship, shall fail to survivE: me by 60 days, for any reason, they shall be deemed, for the purpose of inheriting under this WILL, 'to have died one day before my death and the estate shall be distributed accordingly. Section 7.02 If I for any reason die within 90 days after the death of a joint owner of property, I hereby direct my executor(s) to disclaim my inheritance of such property and it shall be treated as "Tenants in Common". My estate is only to receive the appropriate value of my ownership of such property as if it had been partitioned on the day immediately preceding the joint owner's death. Where multiple properties are co-owned with the same co-owner, the executor is permitted to group such properties, such that the total received by my estate is equal to the appropriate value. Article VIII. SPENDTHRIFT PROVISIONS No beneficiary may sell, give or otherwise transfer his or her interest in income or principal hereunder. No person having a claim against a beneficiary may reach any such interest before actual distribution and/or payment to the beneficiary. Article IX. POWERS OF APPOINTMENT Any power of appointment which I may have at the time of my death shall NOT be exercised by any provision of this WILL either explicitly or implicitly. BEQUESTS and GIFTS Article X. LIVING TRUST Section 10.01 My entire estate is to be POURED OVER to THE ROBERT and BARBARA ARNDT LIVING TRUST which was created by me /and my spouse /dated oc~8tz z 3 , 2000, and the assets thus Poured Over are to be administered and distributed in accordance. Section 10.02 If at the time of my death, the above named Living Trust should not be in effect or existence, my executor(s) are hereby directed to handle my net estate in accordance with the terms and conditions of such trust, as finally amended, as if such trust was incorporated in this article, verbatim. - 5 - Init. LAST WILL and TESTAMENT of Barbara C. Arndt SIGNATURE Intending to be legally bound by the terms and conditions set forth above, comprising a total of 8 printed pages, which includes this page and the affidavit, and further having initialed each of said pages, and for such terms and conditions to be binding on my executor(s), heirs, and descendents, I do this z.3~ day of O~.Bn 2. , 2000, affix my sign before the witnesses and notary set forth hereinbelow. ~Qe c~&5~ Barbara C. Arndt WITNESSES We, the undersigned witnesses, personally knowing the testator of this LAST WILL and TESTAMENT, and having the testator state to us that this is the testator's LAST WILL and TESTAMENT, did witness the testator affixing his/her sign hereinabove on the date set forth above. ~~ ~ ~ ~~ ~~ Witness -Signed Witness - Si ed - Printed Address ,, . ,~- -Printed Address e. c ~ ~- - 6 - Init. LAST WILL and TESTAMENT of Barbara C. Arndt AFFIDAVIT COMMONWEALTH of PENNSYLVANIA )) s.s. COUNITY of Cc,t rn ~,/L~-~~ I, THE UNDERSIGNED, a Notary for the aforementioned County and Commonwealth, knowing or having proven the identities of the testator and witnesses, above, and having seen each individually set their hands and signs, and further, determining that such action was voluntary for each such person, I do hereby set my sign and seal on the date aforesaid. NOTARY -SEALED Notarial Seal Terry Smith, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires July 26, 2004 - 7 - Init.