HomeMy WebLinkAbout07-09-08IN RE: The Estate of
THELMA WILHELM
Deceased
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Orphans' Court Division
No. ~~ ~~; ~~~~
PETITION FOR THE SETTLEMENT OF A SMALL ESTATE
IN ACCORDANCE WITH 20 PA C.S.A. SECTION 3102
TO THE HONORABLE, THE JUDGES OF THE SAID COURT,
The Petition of Nancy Myers respectfully represents:
1. That she resides at 2330 Freedom Way, Apartment 306,
County, Pennsylvania, and is the cousin of the decedent, Thelma Wilhelm.
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2. That the decedent, Thelma Wilhelm, died on February 25, 2008X, and at the
time of her death was a resident of United Church of Christ Home, 442 Walnut Bottom
Road, Carlisle, Cumberland County, Pennsylvania.
3. That the decedent died testate and under Item 6 of her Last V4'ill and
Testament, the Petitioner, Nancy Myers, was appointed the personal representative. Acopy
of said Will is attached hereto, marked as Exhibit "A", and incorporated herein by reference.
4. That the said Thelma Wilhelm left surviving her the following persons
entitled to share in her estate:
A. Nancy Myers
Relationship to decedent: Cousin
No one has received or retained property by way of payment of wages, salary or
vacation benefits as set forth in 20 Pa. C.S.A. Sec. 3101.
5. 'T'hat no person is entitled to the Family Exemption.
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6. That the gross value of the personal estate of the decedent does not exceed
$10,000.00.
7. That the property of the decedent and the values of the several items thereof
are as follows:
A Resident refund check from United Church of Christ Homes in the
Amount o£ ................................................................. $3,992.80
B. Refund check from Highmark in the amount o£ ....................... 472.63
$4,465.43
8. That the names of all unpaid claimants of whom the Petitioner has notice or
knowledge are:
A. Reimbursement to Petitioner for payment of Greenmount
Cemetery and Cremation Gardens ....................................... $237.00
B. Filing fee for Inheritance Tax Return and Inventory ...................... 30.00
C. Legal fee to Anthony L. DeLuca, Esquire .............................. 400.00
D. Payment of any Inheritance Tax- to be determined
E. Filing fee to Register of Wills ............................................. 30.00
$ 697.00
9. That a schedule of assets and deductions for inheritance tax purposes will be
filed with the Register of Wills.
10. That the Petitioner, as the sole heir under the Last Will and Testament of
Thelma Wilhelm, has been given written notice of the intention to file this Petition and
hereby consents to waive the requirement of the twenty (20) days prior written notice of the
intention to file such Petition. A copy of the Waiver and Consent is attached hereto and
incorporated herein by reference.
WHEREFORE, Petitioner prays that the Court direct distribution of the property of
the said Thelma Wilhelm in the following manner:
That the Petitioner, Nancy Myers, be authorized to cash the refund checks from
United Church of Christ Homes in the amount of $3,992.80 and from Highmark in the
amount of $472.63, totaling $4,465.43 and;
That the Petitioner, Nancy Myers, be authorized to use the proceeds of $4,465.43 to
pay all bills listed under paragraph 8 of this Petition and;
That the Petitioner, Nancy Myers, be further authorized to distribute any remaining
funds to herself as the sole heir of Thelma Wilhelm pursuant to ITEM 6 of the Last Will and
Testament of Thelma Wilhelm.
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Nancy Myers, Petitio er
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Anthony L. D a ,Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
Telephone (717)258-6844
Attorney I.D. No. 18067
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition For The
Settlement Of A Small Estate In Accordance With 20 PA C.S.A. Section 3102
Of Guardian Fee are true and correct to the best of my knowledge, information, and
belief. I understand that any false statements contained herein are subject to the penalties
c= , p Pa,. C.S.. Sectio*_t ,19;ti~, relat;rb±c,;ns;.'Crs1 fal~lfc~ .t?1111 t0 ~#:tltR10r1tieC.
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Dated: ' ~~r1~_ ~.., ~ ~_ ~' ~,~,~,,~ "`7!t" - ...~.-L.o
'~ ~" Nancy My~ s
WAIVER AND CONSENT
The undersigned party, having an interest in the Estate of Thelma Wilhelm, hereby
waives the required twenty (20) days prior written notice of the intention to file a Petition
for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and
consents to the averments set forth in said Petition and Decree, as said averments apply to
the undersigned party.
Date: -- l ~ ~~ f :.-~2.~.¢~
Nancy My~ ~_
Sworn to and subs ribed
before me this /,~~ay
of ~~n-~-, 2008.
Notary P is ~ ~~
1y01ARtAt ~EAt
MARJO~IE A OK~IGA
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My C i~pNN No+t 1. mil 7
LAST WILL AND TESTAMENT
OF
THELMA H. WILHELM
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I, THELMA H. WILHELM, a resident of Thornwald Home, X42
Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania
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being of sound mind, memory and understanding, do hereby make,
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publish and declare 'thixs~-.~o;. be=-~zJ--L astL;~~~'~a#~~~'~~~
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revoking all Wills and Codicils heretofore made by me.
ITEM 1: I direct that all my just debts, the expenses of my
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last illness anal funeral expenses be paid as soon after m~ decease
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as the same can conveniently be done.
ITEM 2: I direct that there shall be paid out of my !I
residuary estate all estate, inheritance and like taxes tggether
with any interest or penalty thereon imposed by the government of
the United States, or any state or territory thereof, or ley any
foreign government or political subdivision thereof, in respect to
all property required to be included in my gross estate fa',r
estate, inheritance or like tax purposes by any of such goivern-
meets, whethe~~~
excluding, however, any property over which I have a taxablle power
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of appointment, provided, however, that no residuary benef!~iciary
shall by reason of this provision be denied the benefit ofl any
deduction, credit, favorable rate of tax or. other benefit ~I,which by
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law enures to such beneficiary. ~
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THELMA H. WILHELM
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EXHIBIT "A"
LAST WILL AND TESTAMENT
OF
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THELMA H. WILHELM
ITEM .3: I give, devise and bequeath all of the rest,,
residue and remainder of my estate, real, personal and mixed, of
whatsoever kind and nature, and wheresoever situate at the (time of
my death, unto NANCY MYERS of Ste'wartstown, R.D. #3, 'York County,
Pennsylvania, provided, however, that she survives me and i
living sixty (60) days after the date of my death. I'
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ITEM 4: If and in the event that NANCY MYERS of Stew~rts-
town, R.D. #3, York County, Pennsylvania, does not survive ~e and
is not living sixty (60) days after the date of my death, then and
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in such event, I give, devise and bequeath all of the rest,;
residue and remainder of my estate, real, personal and mixed, of
whatsoever kind and nature, and wheresoever situate at the dime of
my death, unto the HEIDELBERG UNITED CHURCH OF CHRLST of Yolk,
York County, Pennsylvania absolutely, to be used for the gemeral
purposes of said church. I
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plot in Greenmount Cemetery, York, Pennsylvania, and that t~e date
of my death be cut on the tombstone already in place at sai~
burial plot. I further direct that the cost for the cutting of
the date of my death shall be paid from my estate prior to the
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distribution of any funds to the Heidelberg United Church of
Christ. ~,
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LAST WILL AND TESTAMENT
OF ',
THELMA H. WILHELM
ITEM 6: I hereby nominate, constitute and appoint NANCY
MYERS, Executrix, of this my Last Will and Testament, with ~ull
power to do any and all things necessary for the complete I!
administration of my estate, and direct that no bond or oth~r
surety is required of her in this or any other jurisdiction; for
her performance of this office.
If and in the event that the said NANCY MYERS, does not
survive me and is not living sixty (60) days after the date'of my
death, or does not complete her duties as Executrix, then ajrid in
such event, I hereby nominate, constitute and appoint MARY
CUNNINGHAM, Executrix, of this my .Last Will and Testament, Ilwith
full power to do any and all things necessary for the compll~te
administration of my estate, and direct that no bond or other
security is required of her in this or any other jurisdiction for
her performance of this office.
ITEM 7 : I f any;
hereto is held to be inoperative, invalid or illegal, it is my
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intention that all the remaining provisions thereof shall c'~,ontinue
to be fully operative and effective, so far as is possible land
reasonable.
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THELMA H. WILHELM
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OF
THELMA H. WILHELM
IN WITNESS WHEREOF, I, THELMA H. WILHELM, the Testa~rix, have
to this my Last Will and Testament, typewritten on four 44)
consecutively numbered pages, subscribed my name and aff~.xed my
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Signed, sealed, published and declared by the above name THELMA
H. WILHELM, as and for her Last Will and Testament, in t e
presence of us, who have hereunto subscribed our names at her
request, as witnesses hereto, in the presence of the sai~1
Testatrix and f each other. ~,
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