HomeMy WebLinkAbout07-02-08PETITION FOR PROBATE AND GRANT Ole LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Donald L. Dellinger
also known as
File Number
COUNTY, PENNSYLVANIA
~.,~GC~ ~ - C;'7<?S
Deceased Social Security Number 200-28-6874
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
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 October 6, 2006 and codicil(s) dated NONE
tv
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ad -_ ~
(State relevant circumstances, e.g., renunciation, death of executor, etc.) ~ -~
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after a;xecution ~ menus) offer~~ r
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: NONE rui N _~'t `-:;`
C'yC7 .~_>
g~i ~ -_,~
B. Grant of Letters of Administration ~~ ~ ==~~'~ t~~ ~f
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; dam oritate) .. i` ;
N '-.:
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) abA~heirs: (lf
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 Re{ationshi Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
1269 Hillside Drive, Mechanicsburg, Monroe Township, Cumberland County, PA 17055
(List street address, town city, township, county, state, zip code)
Decedent, then 71 years of age, died on June 17, 2008 at Holy Spirit
Decedent at death owned property with estimated values as follows:
(lf 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: 1269 Hillside Drive, Mechanicsburg, PA 17055
$ 340,000.00
R 350,000.00
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:
~, ~ \ ,' ;~.~ ; " ~%` ~ ~ Robert Lichliter, 3641 Chestnut Street, Camp Hill, PA 1 ; Ol 1
~.
Form RW-02 rev. 10.13.06 Page I of 2
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.~-F ~~-ri i~
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Oath of Personal Representative ~,;:~ ; ~~-~ ;~~ ~~ -~ "~
COMMONWEALTH OF PENNSYLVANIA t~~a ~~~ ~2 ~~ ~; 25
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoin~~;~~~~ ~~} dpc~orrect to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the D~~'(~ F'~~et~'wvtlT~vell and truly
administer the estate according to law. /; /
~ i"
Sworn to or affirmed and subscribed
of
the d~ of
,~
~~ ~ ~
or the Register
Signature of Personal Representative
Signature of Personal Representative
File Number: ~/~ ~ `~ /~C J--~
Estate of Donald L. Dellinger ,Deceased
Social Sec ity Number: 200-28-6874 Date of Death: June 17, 2008
/ ^~~
AND NOW, ~/ , ~~- ~~~ , in consideration of the foregoing Petition, satisfactory proof
having been presented b fore , [T IS DECREED that Letters Testamentary
are hereby granted to Robert Lichliter
in the above estate
and that the instrument(s) dated October 6, 2006
described in the Petition be admitted to probate and filed of record as the t Will and Cod cil(s)) of Dece e ~.
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Q ~~---- ,
FEES ,
/~ , ~CU Register of Wills n ~~ q ~ ~ ~~ ~/~/
Letters ............... $ ~/ l~ •n~ ~ t ~~
Short Certificate(s) ........ $ ~ . ~ Attorney Signature: i~A~.• ~ • t~/~-.t~A.I~
Renunciation(s) $ Debra K. Wallet, Esq.
~`(j ,~ ~ ~ ~ C ~~ Attorney Name:
~G ' ~ ~ Supreme Court I.D. No.: 23989
~,~
L`~~' $ `~ 24 North 32nd Street
$ Address:
$ Camp Hill, PA ] 7011
... $
... $
• • • $ Telephone: (717) 737-1300
TOTAL .............. $ - ~""°
Form RW-02 rev. 10.13.06 Page 2 Of 2'
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T N OF DEATH C~
LOCAL REGISTRAR S CERTIFICA 10
WARNING: It is illegal to duplicate this copy by photostat or photograph.
1 t°~• (1>r [leis cr:~rtificatc, `56.00
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Certific.Uio^ Number
I H106.IN REV 11!1006 'a•
TYPE / PRWT IN
PERMANENT
& ACK INK
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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 Vial
Records Office for permanent filing.
Deal Registrar ate Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CORONER'S CERTIFICATE OF DEATH
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. `.. V r Disposipon Pertdt No. y r~~.I ~ H O '•
2D08 JUl -2 PN 3~ 25
LAST' WILL AND TESTAMENT
OF CORK 0~
DONALD L DELLINGER ~ ~ ~?~PA
CU4~EFRU'~~D
I, Donald L Dellinger, of Mechanicsburg, Pennsylvania, revoke my former Wills and Codicils
and declare this to be my Last Will and Testament.
ARTICLE I
IDENTIFICATION OF FAMILY
I am married to Maureen Dorothy Dellinger and all references in this Will to "my spouse" are
references to Maureen Dorothy Dellinger.
The names of my children are Cathleen A Olinick, Shirley G Theofiles, and Donna Leigh
Spoonhour. All references in this Will to "my children" are references to the above-named
children.
ARTICLE II
PAYMENTS OF DEBTS AND EXPENSES
I direct that my just debts, funeral expenses, and expenses of last illness be first paid from my
estate.
ARTICLE III
DISPOSITION OF PROPERTY
A. Specific Bequests. I direct that the following specific bequests be made from my estate.
1. $100.00 shall be distributed to Cathleen A Olinick. If this beneficiary does not survive
me, this bequest shall be distributed with my residuary estate.
2. $100.00 shall be distributed to Shirley G Theofiles. If this beneficiary does not survive
me, this beque~all be distributed with my residuary estate.
3. $100.00 shall be distributed to Donna Leigh Spoonhour. If this benefiCia~djaes not
survive me, this bequest shall be distributed with my residuary estate.
B. Residuar~Estate. I direct that my residuary estate be distributed to .ALS Assn Phila Chapter,
of 321 Norristown Rd suite 260 Ambler Pa, Pennsylvania. If such beneficiary does not survive
me, my residuary estate shall be distributed to American Heart assosiation, of Harrisburg,
Pennsylvania. If such beneficiary does not survive me, my residuary estate shall be distributed to
the following beneficiaries in the percentages as shown:
100.00 % to my heirs-at-law, their identities and respective shazes to be determined under
the laws of the State of Pennsylvania, then in effect, as if I had died intestate at the time fixed
for distribution under this provision.
0.00 % to my spouse's heirs-at-law, their identities and respective slhazes to be determined
under the laws of the State of Pennsylvania then in effect, as if my spouse had died intestate
at the time fixed for distribution under this provision.
100.00 % -Percent Total
ARTICLE IV
NOMINATION OF EXECUTOR
I nominate Robert Lichliter, of 3641 Chestnut st Camp Hill, Pennsylvania, as the Executor,
without bond or security. If such person or entity does not serve for any reason, I nominate
Timothy Hoffman, of Lewisberrry, Pennsylvania, to be the Executor, without bond or security.
ARTICLE V
EXECUTOR POWERS
My Executor, in addition to other powers and authority granted by law or necessary or
appropriate for proper administration, shall have the right and power to ].ease, sell, mortgage, or
otherwise encumber any real or personal property that may be included in my estate, without
order of court and without notice to anyone.
My Executor shall have the right to administer my estate using "informaa", "unsupervised", or
"independent" probate or equivalent legislation designed to operate without unnecessary
intervention by the probate court.
ARTICLE VI
MISCELLANEOUS PROVISIONS
A. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for
reference purposes only and are not to be considered as forming a part of'this Will in interpreting
its provisions. All words used in this Will in any gender shall extend to ;end include all genders,
-2-
and any singular words shall include the plural expression, and vice versa, specifically including
"child" and "children", when the context or facts so require, and any pronouns shall be taken to
refer to the person or persons intended regardless of gender or number.
B. Thirty Day Survival Requirement. For the purposes of determining the appropriate
distributions under this Will, no person or organization shall be deemed to have survived me
unless such person or entity is also surviving on the thirtieth day after the date of my death.
C. Common Disaster. If my spouse and I die under circumstances such that there is no clear or
convincing evidence as to the order of our deaths, or if it is difficult or impractical to determine
which person survived the death of the other person, it shall, for the purpose of distribution of my
life insurance, property passing under any Trust or other contracts, if an;y, and property passing
under this Will, be conclusively presumed that I predeceased my spouse, and notwithstanding
any other provision of this Will, my spouse (or my spouse's estate as the; case may be) shall
receive the distribution to which my spouse would otherwise be entitled. to receive without regard
to a survivorship requirement, if any.
D. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of
fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my
estate shall indemnify such natural person from any and all claims or expenses in connection
with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for
such actions or nonactions which constitute fraudulent conduct or bad faith.
E. Beneficiary Disputes. If any bequest requires that the bequest be dis~kributed between or
among two or more beneficiaries, the specific items of property comprising the respective shares
shall be determined by such beneficiaries if they can agree, and if not, bw my Executor.
IN WITNESS WHEREOF, I have subscribed my name below, this ~._ day of
(9 Gfir~~e ~ , ,?„0 0 6.
r
Testator Si afore:
~ -
Donald L Dellinger
-3-
We, the undersigned, hereby certify that the above instrument, which consists of pages,
including the page(s) which contain the witness signatures, was signed in our sight and presence
by Donald L Dellinger (the "Testator"), who declazed this instrument to be hishier Last Will and
Testament and we, at the Testator's request and in the Testator's sight and presence, and in the
sight and presence of each other, do hereby subscribe our names as witxiesses on the date shown
above.
Witness Signature:
Name:
City:
State:
Witness Signature: ,t
Name: / ~~
City: r //
State:
Witness Signature:
Name:
City:
State:
-4-
PENNSYLVANIA
Self-Proving Clause
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Donald L Dellinger, the Testator, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed
and executed the instrument as my Last Will; that I signed it willingly artd as my free and
voluntary act for the purposes expressed in the instrument.
Sworn to or affirmed and acknowledged before me by Donald L Dellinger, the Testator, this
~~ day of (~ (i171~- _, ~~.~
~ l
Testator Signature '
Donald L Dellinger
//f -~ ,"
~~
Signature of officer ~
Official capacity of officer
COMMONWEALTH OF PENNSYLVANIA
(Sea) OliviaA Reeder, Notary Public
South Middleton Twp., Cumberland County
My Commission Expires Mar. 7, 2008
Member, Pennsylvania Association of Notaries
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, Q Q~~~ ~ ~i~2c.A ~N and /UII d1~ ! ~. Jo r~~
and ,the witnesses wl~iose names are signed to the
attached or foregoing instrument, being duly qualified according to law, do depose and say that
we were present and saw the Testator sign and execute the instrument as the Testator's Last Will;
that the Testator signed willingly and executed it as the Testator's free artd voluntary act for the
purposes expressed in it; that each of us in the hearing and sight of the Testator signed the Will
as a witness; and that to the best of our knowledge the Testator was at that time 18 or more years
of age, of sound mind and under no constraint or undue influence.
Sworn to or affi and subscribed to before me by G?-~~
and and _~-
witnesses, t 's ay of ~~ ~ .
Witness Signature:
Name: Q Rita ~.a., S G ~,A~~l _
City: C-AiQrus f
State: P/k
Witness Signature: ,~~ ~,
Name: /r/ /1~1 _ _
City: S
State: /~-
Witness Signature: ~~~,~~/ ~~~ , ~,~
.~ - _
Name: 'c 1 . ,~~~ ~- -
State: /r/9
COMMONWEALTH OF PENNSYLVANIA '
~.
Nota-lal seal ~< <..LC l ~._..
~ "Jlivia A. Rserler, Notary Public
~~ Middleton TWp., Cumberlarxi Couniy /
Nly Commission Ergrir~ Mar. 7, 2009 / ~ _ ~ ! GI !~
Msrruha>. ?9rsnsYlvania 4ssociati~n of Notaries