HomeMy WebLinkAbout03-0770 PETITION FOR PROBATE and GRANT OF LETTERS
Estate of' ~riC-,Kl~- L.. ~ i .IMI~ICH No.
also known as To:
Register of Wills for the
Deceased. County of
Social Security No. 7--Ofo ~ ' 4,1 ~. Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executOl~-
in the last will of the above decedent, dated 0 fo"l'Ot~-['~
and codicil(s) dated
in the
named
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in ~L.; ~ ~,~ ~ L.~ IO~ C.ounty, Pennsylvania, with
h I~t~ last family o_r principal residence_at ~ ! ~ .~1 ~i~- ~L/~ . _
(list street, number and muncipality)
Decendent, then ~ ye_ars of age, died ~'~ ~ ,~ ~. { , '19' Z O0 ~
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent 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:
WHEREFORE, petitioner(s) respectfully
presented herewith and the grant of letters
theron.
recluest(s) the probate qf the last will and codicil(s)
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~
COUNTY OF ~xcck:~e--\o,~c~ _ ss
Thc petitioner(s) above-named swear(s) or affirm(s) that thc statements in the foregoing petition arc
truc and correct, to thc best of the knowledge and belief of petitioner(s) and that as personal rcprescn-
tativc(s) of thc above decedent petitioner(s) will well and truly administer the estate according to law.
worn
befo~me~~k~this x~n~ ~oA ~day of ~[l~t~ ~
- ~ ~3~~egister ~
Estate Of
DECREE
, Deceased
OF PROBATE AND GRANT OF LETTERS
\
AND NOW ~C'5~xrt.{0A_n_ /9~ oQOC~ ~1~ , in consideration of the petition on
!
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated l0 -~f5
described therein be admitted to probate and filed of record as the last will of('~tcKte.
and Letters "V,z.-~:~c,~%o,c-~.
are hereby granted to ~c~ ~ k'~,cu-~ ,cxz%
FEES
Probate, Letters, Etc ..........
Short Certificates( ) ..........
Renunciation ................
,Ao_~o
TOTAL
Filed (~.-..23....~..:9i~...% .......................
Register of Will~ k'5~J (,J ~
~i0 ~. ~0~~ A~
~~~ ADD'SS ~ 17033
PHONE
LAST WILL AND TESTAMENT
OF
VICKIE L. MINNICH
date of my death.
VICKIE L. MIN-N-ICH
I, VICKIE L. MINNICH, of Etters, York County, Pennsylvania,
being of sound and disposing mind, memory and understanding, do
hereby make, publish and declare this to be my Last Will and
Testament, hereby revoking and making void any and all prior wills,
codicils, or writings thereto, made by me at any time prior to the
making of this Will.
ITEM I: I direct that the payment of my debts and the
expenses of my last illness and funeral shall be paid from my
estate as an administrative expense as soon after my death as
conveniently may be done.
I direct that my personal representative be responsible for
making all necessary arrangements for my burial.
ITEM II: I give, devise and bequeath my entire estate,
consisting of all realty, personalty and mixed, wheresoever
situate, to my husband, HOWARD W. MINNICH, of Etters, Pennsylvania,
provided that he is living on the thirtieth (30th) day after the
ITEM Ill: In the event that my husband, HOWARD W. MINNICH,
predeceases me or does not survive me by said thirty (30) days,
then I give, devise and bequeath TEN PERCENT (10%) of my estate to
BIG 33 ENDOWMENT FUND, of New Cumberland, Pennsylvania, to be used
for scholarships, preferably to graduates of Harrisburg
(Pennsylvania) High School and Red Land (Pennsylvania) High School.
ITEM IV: I give, devise and bequeath all the rest, residue
and remainder of my estate, consisting of all realty, personalty
and mixed, wheresoever situate, to my sons, MICHAEL A. MINNICH, of
New Cumberland, Pennsylvania, and JASON B. MINNICH, of New
Cumberland, Pennsylvania, IN EQUAL SHARES, PER STIRPES.
ITEM V~ In the event that either of my sons predeceases me
and is survived by his issue, the share that would have passed to
my deceased son shall be divided equally among the deceased son's
surviving issue.
In the event that a grandchild under the age of thirty (30)
years is entitled to inherit from my estate, I direct that the
share for that grandchild or grandchildren shall be held in trust.
I name my surviving son as Trustee for any and all assets passing
to said grandchild or grandchildren under the age of thirty (30)
years.
The Trustee shall have the following powers and duties:
a) The Trustee shall have full power and authority to
invest and reinvest the assets of the trust, including
VICKIE L. MINNICH
(SEAL)
the power to alter the form in which the assets are
received by the Trustee and to retain bank stock.
b) Until each grandchild attains the age of eighteen
(18) years, the income and then the principal shall be
used to provide for the grandchild's general maintenance
and well being, including food, clothing, shelter, health
care and education. The guardian shall attempt to
maintain each grandchild in a life-style similar to that
enjoyed by the grandchild during my lifetime. The
Trustee may also appropriate any and all funds necessary
to meet the special needs of each grandchild.
c) When each grandchild is between the ages of eighteen
(18) and twenty-two (22) years, the income and principal
of the trust may be used for the educational expenses of
the grandchild. Also, when each grandchild is between
the ages of eighteen (18) and twenty-two (22) years, the
Trustee shall allocate to the grandchild on a monthly
basis such funds from the income and principal of the
trust as the grandchild may require for the reasonable
maintenance of his or her well-being.
d) When each grandchild attains the age of twenty-two
(22) years, the Trustee shall pay to the grandchild one-
third (1/3) of the remaining share of the principal and
income of the trust to which the grandchild is entitled.
VICKIE L. M~N~ICH
e) When each 9randchild attains the age of twenty-six
(26) years, the Trustee shall pay to the grandchild one-
half (1/2) of the remaining share of the principal and
income of the trust to which the grandchild is entitled.
f) When each grandchild attains the age of thirty (30)
years, the Trustee shall pay to the grandchild the
balance of the remaining share of the principal and
income of the trust to which the grandchild is entitled.
g) The Trustee shall have the power and authority to
accelerate the payment schedule specified above on behalf
of any grandchild, if that grandchild's needs and
circumstances reasonably justify such accelerated
payment.
h) Trustee shall after the death of myself and my spouse
merge any separate trust held hereunder with any other
separate trust held by Trustee under the Will of my
spouse, if the terms of the trusts are then substantially
similar and held for the primary benefit of the same
person.
i) Subject to the approval of Trustee, anyone may add
property, real or personal, to the principal of this
trust by deed, Will or otherwise.
ITEM VI: In the event that my husband and my sons should all
predecease me or we should all die simultaneously without leaving
issue surviving, then I give, divide and bequeath my entire estate,
wheresoever situate, to BIG 33 ENDOWMENT FUND, of New Cumberland,
Pennsylvania, to be used for scholarships, preferably to graduates
of Harrisburg (Pennsylvania) High School and Red Land
(Pennsylvania) High School.
ITeM VIis No interest of any beneficiary under this Will or
any codicil shall be subject to anticipation or voluntary or
involuntary alienation.
ITeM VIII~ All taxes, interest and penalties thereon payable
by reason of my death with respect to property comprising my gross
taxable estate, whether or not passing under this Will, shall be
paid from the principal of my residuary estate.
IT~ IX~ In addition to powers given to him by law, my
Executor and his successors shall have
applicable to all property held by him,
Order and until actual distribution:
the following powers,
effective without Court
a) To retain any property received by him, in the form
in which it is received, until actual distribution;
b) To sell real estate for any purpose, publicly or
privately, for such prices and on such terms as he deems
proper, without liability on the purchasers to see to
application or the purchase monies;
c) To compromise controversies;
VICKIE L. MINNICH
(SEAL)
d) To distribute in cash or kind or both at such
valuations as he may fix.
ITEH X~ I nominate, constitute and appoint my husband, HOWARD
W. MINNICH, of Etters, Pennsylvania, Executor of this my Last Will
and Testament, but should my said husband, HOWARD W. MINNICH,
predecease me, or for any reason fails to qualify as such Executor,
or having qualified, fails to serve as such Executor, I nominate,
constitute and appoint my son, MICHAEL A. MINNICH, of New
Cumberland, Pennsylvania, as Alternate Executor. In the event my
son, MICHAEL A. MINNICH, predeceases me, or for any reason fails to
qualify as such Alternate Executor, or having qualified, fails to
serve as such Alternate Executor, then I nominate, constitute and
appoint my son, JASON B. MINNICH, of New Cumberland, Pennsylvania,
as Second Alternate Executor. No fiduciary acting hereunder shall
be required to post bond or enter security in any jurisdiction.
VICKIE L. ~NNICH
(SEAL)
IN WITNESS WHEREOF, I have set my hand and seal to this my
Last Will and Testament, consisting of this and six (6) other pages
at the end of which I have also set my hand and affixed my seal for
greater security and better identification, this ~-~day of
~~~ A.D., 2000.
VICKIE L. ~INNICH
WITNESS:
~ ' ~ ~~ residing at
~ ~ ~. ~~residing at
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, VICKIE L. MINNICH, 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 and Testament; and that I signed it willingly; and
that I signed it as my free and voluntary act for the purposes
therein expressed.
Sworn or affirmed to a~d acknowledged before me, by the
Testator, this ~-~ day of ~~ , 2000.
Notary Public
My Commission expires:
NOTARIAL SEAL 1 I
DIANE D. FRITZ, Notary Public I
Hershey, PA Dauphin County I
M}/Commi~eio,n ExpImm Nov, 81 2003 ~
VICKIE L. MI~N-NICH
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
(SEAL)
We, A. Mark Winter and Marilyn J. Cichelli, the witnesses
whose 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 Testator sign and execute the instrument as
her Last Will; that she signed willingly and that she executed it
as her free and voluntary act for the purposes therein expressed;
that each of us in the hearing and sight of the Testator signed the
Will as witnesses; and that to the best of our knowledge the
Testator was at that time eighteen (18) or more years of age, of
sound mind and under no constraint or undue influence.
Sworn to and subscr~%bed
before mA ~h~s ~-tk
day of ~~ 2000.
Notary Public
My Commission expires:
NOTARIAL SEAL I
DIANE D. FRITZ, Notary Public I
Hershey, PA Dauphin County I
My Commi~elon Expiree Nov, 8~ 2003~!
Witness
LAST
WILL
VICKIE
AND TESTAMENT
OF
L. MINNICH
LAW OFFICES
A. MARK WINTER
310 WEST CHOCOLATE AVENUE
P. O. BOX 41~*
HERSHEY, PENNSYLVANIA 17033
JRD/June 30, 1992/17858
In Re: Estate ofVICKIE L MINNICH
Late of NEW CUMBERLAND BOROUGH
Estate No.: 21-03-770
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-2003-770
NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT
ORPHANS' COURT RULE
Personal Representative: HOWARD W MINNICH
Counsel for Personal Representative: A. MARK WINTER, ESQ.
Date of Grant of Original Letters: 09-23-2003
Date of Delinquency Notice: 01-02-2004
The undersigned, Glenda Famer-Strasbaugh, Register of Wills, in accordance with Rule
5.6, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of
Common Pleas of Cumberland County, that neither the above named personal representative nor
the above named counsel for the personal representative have filed with the Register of Wills or
Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court
Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court
Orphans' Court Rules, was given by the Register of Wills on JANUARY 2, 2004, and that the
ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule
5.6(e) the Court is hereby notified of such delinquency and the undersigned requests that a Court
conduct a hearing to determine whether sanctions should be imposed upon the delinquent
personal representative or counsel for the delinquent personal representative.
Date: 03-15-2004
Distribution:
Personal Representative
Counsel for Personal Representative
Estate File
?'--&9/q,/44, In Courtroom No. 3. If the
A hearing is scheduled for ~~, ~7/"~0(/¢/ at
Certification of Notice is filed/prior to tl~e hearing date, the heating will automatically be
cancelled.
Geor~
Name of Decedent:
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
t... tM tc..H
Date of Death:
Will No. ~- [ -- O ~ -- '7'70
Admin. No.
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on A P~tt_ ~ t ~DO4- :
Name
Address
f7070
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
I
·
Signature ~. ~ ~Tt~/ ~
Name ~
Address ~
Telephone
Capacity: __
Personal Representative
dCounsel for personal representative
Certified Fee _ Postmark
Return Reclept Fee Here
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required) _
Total postage & Fees ~
· Attach this oexd to the beck of the mailpieoe,
or on the front If apaoe Pem~s-
wINTER A MARK
310 W CHOCOLATE AVE
HERSHEY PA 17033
2.~Number 7003 1010 0001
6;-...~':,,;~--~--~;; '~i ',, .., t , t, ,' .......
1203 8182
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 4/15/2005
WINTER A MARK
310 W CHOCOLATE AVE
HERSHEY, PA 17033
RE: Estate of MINNICH VICKIE L
File Number: 2003-00770
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
5/21/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~~~
GLENDA FARNER~~~~;
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
~
..
STATUS REPORT UNDER RULE 6.12
Name of Decedent: "I~\<.'E:.. L.. H,~Nlc..tl ~~* z.O'-~Z.-+IIt.
Date of Death: ~ AY 2..1 \ 2..003
Will No.: too'!:. - 00770 Admin. No.: Z.( - O~-0770
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the
following with respect to completion of the administration of the above-captioned estate:
1. State ~ther administration of the estate is complete:
Yes ~ No 0
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal ~sentative file a .final account with the Court?
Yes _ No e1
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. ?i? the personal E:Pjesentative state an account informally to the parties
m mterest? Yes 1..!1' No 0 -
c. Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Clerk ofthe. Orphans' Court
and may be attached to this report.
Date: S::l8 -05 . ~. ~ 7U~ I b~ .
Signature !::O
..
(....'",..1
--
..A. kA&l<- \AI t NllJ ~ J E:.~
Name
'S 10 VV. c,1rf,0G0 t...A-n: A ~
~!:y pj. 170~~
Address
(0
I.I)
ci:
7/7 5'3"3 4-86~
Telephone No.
(':)
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;7:::,-
{:-
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Capacity: bJ ryrsonal Representative
~ounsel for personal representative
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