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HomeMy WebLinkAbout10-10-08PETITION FOR PROBA~T^E^AND GRANT OF LETTERS REGISTER OF WILLS OF Ct .~{~'(~I X~ ~a~ COUNTY, PENNSYLVANIA Estate of Ma r-Fho~ 1, ~~~1 ~ ~ File Number ~ I ~ O ~ ~ ~ O also known as ~ ~~ /~ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ~-a ® A. Probate and Grant of etters Testamentary and aver that Petitioner(s) is /are the ~~~~--~~r (X = mimed in the: _ last Will of the Decedent dated and codicil(s) dated ' -~~' _ c"~ - -t , _ .. - --~- - C~ ., ._, , (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 ofthenstrttment~offered -,-i for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~ 01 B. Grant of Letters of Administration (/f applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; 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 complete list of heirs.) (COMPLETE IN ALL CASES.) Attach additional sheets if necessary. DeceJient was domr fled at ath in ./ iA ~ r ~~l /~ f ~ { , e ~ M / (List s-treat address~to~ ~/city, township, county, state, r~ ~ nia with his /her last principal residence at ~7 U ~~~~„~ Decedent, then ~ years of age, died on ~ lD. GC~IJ d at H~rriSkx~ra i~..x~ i ~ I Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ `7 Sr (~ Q d (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania ~ $ tr () D a situated as follows: __ ~ ~ ~ __ Sf~ fi~ /~ ~fnl/IIGSI~~,J~ Wherefore, Petitioner(s) respectfull odicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~( 1(I IL-C=1 IQ~ 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. Sworn to or affirmed and subscribed befo''reme the ~ t~ day of id.d.i1~~ > ~.d1.Q_ ;~~ ._ ojPerso,/ 1 Representative Signature ojPersonal Representative / t^`.:, c~ FOr t Register Signature of Personal Representative ~ ,-, C~ - ,.~ L"i - ,--~ _ _ -~-i ~ . __ O _ '"~ _ File Number: ~ ~ ~~' Estate of .T ~1- ~ ~ , Deceased ~ ff ~c1'+ Social Security Number. ~ - ~ ~~ S Date of Death: ~~~r to . ~Wg AND NOW, ,~e~~~Q.(.i ~~~~ (Q~~. in consideration Qf the foregoing Petition, satisfactory proof having been presented befor e, ITr~S DECREE that Lette Tes~--~tr~n~ G1w are hereby granted to LJ in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) o,~' Decedent FEES Letters ............... $ Short Certificate(s) ........ $= a .e~~ Renunciation(s) .......... $ 1 ... $ l S .(~~ _ .~ $ ... ::: $ $ ... $ ... ... $ TOTAL .............. $ a-- of Attorney Signature: Attorney Name: J~1~15 P C~'~~.~,~ Supreme Court I.D. No.: ~`~C~~. (O-~ Address: 5~~~~N ~_ ~Ir 1 Y=' I ,~~~T,~ ~- ~rri ~- ~~ -~ i~ I Telephone:r~~ e-X~~ - ~-J~ Form RW-02 rev. /0.13.06 Page 2 of 2 ~i - ~~ -10~~ LOCAL REGISTRAR'S CERTIFICATION ~OF DEATF~ WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ Fee for this certificate. $6.00 P 1479299 Certification Number R 105 133 REY I t:200° TYPE ~PgINT IN PERMANENT BLACK INN I I. Name a Deceeenl IFua, mtlEe, wa, suffix) 5 Aga Ilasl BinnmYl In 84 "°"° Yis. W. County d Deem Dauphin This is to certify that the intilrmation here given is correctly copied frolri an original Certificate of Death duly filed with me as Luca1 Registrar. The original certificate wilt be forwarded to the State Vital Records Office for pcl-m.(nent tiling. U1l ~ ~G"~~~ 14/ '~ l ~ ~ Local Re~yistrar Date Issued ,~~ ~ <-:~ __ G ~ ;, ~ T) C.-? - ~-. --i ,_ , __ -: T; _ o _ ~_ (_ - _, i ':~ - =1:: _ _;-1 ~ - -=~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ CERTIFICATE OF DEATH ~ (See Instructions and examples on reverse) STATE FILE NUMBER Martha Jones Morgan - 2. Be. ' Bona'BeauwyNwrDer <. Female 198 _ 18 _ 7951 doe 1 m,my~) lAMar I m 6. Dale of Bum (Mmm, mY: read 7. Birnplace (' ad dale a mr ' C lwwa sAwars ~Y) Ba. Place d Deem (Chedl aw) rwp a Deam Harrisburg la D«.dax a Adtlresa 1Saew. cxr /lam, ewe. nP caee) 208 State Road Mechanicsburg, PA 17050 IS. Fame s Name (Fall, nxoew, lea, sdlw) April 8, 1924 Shenandoah, Pennsylvania ",~D5D~"w ~~ !b. Faaliry Nano III na ursfinroorl l~mpamw ^ ER ! Oulpaxd ^ DOA ^ Nwsirq Home ^ Resbence ^pMr ~ Speay: yw drew and raanbal a. was Decemra of l7wpanb orign7 No yes Harrisburg Hospital ulrea,apecaycwan, ~` ^ I°Raa.'Amai~anwart.aww,wnxe,wa. MexCan, PueM Rban, wa.) IsPadm White retied 12. was Dxamm era n me 13. D«emM's EmwWn (Spedfy ear highea gram «rrlpleled) 1<. Marxal galas: Marme, Neva Marme. 15 S U.S. Armetl Faaa? Ekrnenury / ~ urvmrg Spouse Id wie. pve memo name g lo-lz) coaege (Ida 5e) wiaowee, DNemse ISaeMt 1 ^YBe ~"~ Widowed Decemnra PA ~ oecemw Aqua Residers I Ia. Stew Live b a rnwrWap? I7a. ^ vas, DBGedenl Lwee n T Iro.ca,nq Cumberland 17e.~„a,,;,reexntl,,, Mechanicsburg ~ Aaar lirlas a John Elmer Jones 19. Moew'c Nana IFirsl, medw, nwmn aumwle) Coy I Bea Isabelle Schinkle 2Da. (Type/Pruq) Beverly M. Lynch Memetld ° e 2°° nla"w'raMeb,g""".as(s°aa /lera,.aw. ripcatlP1 413~airway Drrve Mechanicsburg PA 17055 "pDS 10fi Burwl ^ Removal Iran 9are ^crerrwbn ^ Dawaai W 21 D. Dw. a oupaaion Ihlalm, my rearl zlc. 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DO NOT axe larmnal evens sucn as cardac arrea, i ADVroxunere n1erva1: resprdory area, a reNri~der NxiMaOOn wxhaA aawu e Onset b D wx n Part II: Esxa ama - .. 2B. Die TaDam Ux CaWlbw b Dxm7 g w e agy list orYy one cause m xch ws. i ea bx nd resdfirp n the uneerlyirq reuse gran n Pal L ^ Yea ^ PraDatly ILYaE01ATE CAUSE Final 0sease a ~y wlEUm res,awlp r ~eanl _~ a. =lv! 4n C.L. A N • R l •.~ L f= ED ~ ^ ~ ^ Ur<rown Due b (a as caisequence o9. l 29. Y Parole: SaPianWh Yst carM4au. d any D. ' a n 117-Na pegrwx wan pea yea b e carte yaotl on ww a. Eraa die IpIDEpLYYID CAUSE Due b (a as a wnsegwmce ot): ^ Prepad a wre d ma0 IESeax a rvwr mat arwreo na eves r ~rq n moot USL c ^ Nd Pre9'ad, GA praptara wNn I2 mys DUB b (a as a mnsequerice op: I d Goan d. j ^ Nd pregrwm, w+l prepwx 43 mya to I yea 7Da. Was an Autopsy 3D0 Wwa Adt s F E r before deem Pabmiee7 g y ri rgs Avalwde Prbr b Complelwn 31. Manrer d Dean 32a. Date d Irpuy IMonn, m K Year) 32b. Describe Row Injury 0«wree ^ lMwnwn d pregwx whin me Wa roe d Cause d Dean? ~I~, i~ralaral ^ Monecide 32c_ Plato d bPaY Ilan, Fenn, Shea, iaclay, ~ e~p'eb.)~YI Yea ^ i~'No ^ Yes ~ ^ AcpCenl PenE nvea ^ n9 Ignlian ^5 32C. Tune of Iryury 32e. aMal' al Work? 321. II Tmnspomaon hyury (SpectiyJ 3za L«akon d lryury Isaxl. cxy Y lawn, atato) ux:We ^ Coub Nq bn DelenninrM ^ Yes ^ No ^ Dover I Operate ^ Parserpa ^p non M' Otlrer Specify. ~ 33a Cerdia (Cw4 ady one) ` CaMYkW INrysicwn IPh span ce 330. SirywWre aM inw d Ce To IIM but d m y ~°g coax of man what anraher physician has pronouns y mom ewt mnplplee pem 23) Ytnpwl.aw,awmoaumeewamsoaase(a>ananwnnarxalalae_---------- _ ^ ~ • Pronouncuq eM ceNlylnq phywcwn IPhysewn bom prorwurcing man aM cer0ryng to cause dman) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ To Ve Mat d my krrowkepa, mom acurtetl w ma Dme, mle, eM place, arW tlw to Bta cauaelsJ antl manna sa arered_ _ _ 3x lcense NwMer e S (Dorn, my, yw) • WOkalExaranr/Daarw ---------------^ ~jSoloJ?y L o On Ur bxis of exam Wtian W I a inresligalion, in my opimon, mom «curratl al me lima, Cale, ono place, one tlue to ne cauae(a) aM maorur as staled ^ 4 35 str 's lure aM District 34 aM Adoess d Person Who GxryxereC Luse of Deem pwm 27) Type / Prat ~ ~ I ~ I ~ I ~ I .1 I aZ, I 36, D Feed IMaxh, my ) . 4 e: `~)~ ~l-'t L 21C t,< 3 2 rep r1 7~'~r ~/~~Q Q Dispovlion Permx No. v ~ ;,J ~ ~ ~ ~{+ Vl WILL OF MARTHA J. MORGAN ~,_, -? ~-; I, MARTHA J. MORGAN, of Cumberland County, Pennsylvania,'~aRe this Last Will, hereby revoking any and all former Wills or Codicils made by me. -`' -- ~"~ ---~ _~ ~ _.._ ARTICLE ONE ~- ~~ `-- -z± '~ N Payment of Last Expenses ` ' -' s- ....: I direct my Personal Representative to pay the expenses of my last illness and my funeral expenses as soon as maybe convenient after my death. ARTICLE TWO Tan>iible Personal Property I give said property as I may have provided in a memorandum kept with the original of this Will, or to the extent not so provided, to such of my children, BEVERLY M. LYNCH and CYNTHIA L. HARRIS, as are living on the thirty-first (31st) day after my death, in such shares or by such items as they may agree upon or, if they are unable to agree, then in such shares or by such items of approximately equal value as they may select by lot. Any such property not so distributed shall be sold and the proceeds added to my residuary estate passing under Article Three of this Will. ARTICLE THREE Residue Section 1. Outright to Children. I give all the residue of my estate remaining after application of Article Two to my children, BEVERLY M. LYNCH and CYNTHIA L. HARRIS, as are living on the thirty-first (31st) day after my death, outright and free of trust, in equal shares, the share of any predeceased child to be distributed to such child's issue, per stirpes, subject to the minor beneficiary provisions contained hereinafter. Section 2. Ultimate Distribution. If any amount of my estate hereunder remains undistributed under the foregoing provisions, my Personal Representatives shall distribute such amount to those persons who would have been entitled thereto if I had died at that {L0325175.1 } time intestate, unmarried, without children surviving, and domiciled in the Commonwealth of Pennsylvania. ARTICLE FOUR Minor Beneficiaries If any beneficiary who is entitled to receive absolutely and free of trust a share of the principal of my estate or any trust created hereunder, except pursuant to Article Two hereof, is under the age of twenty-one (21) years (hereinafter in this Will called a "minor," notwithstanding the fact that such beneficiary is deemed to possess legal capacity because said beneficiary has attained the age of majority under applicable state law), such share shall either be: Section 1. Distributed to a custodian of said minor under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state; or Section 2. Placed or retained in the possession of my Executor who shall have discretion to use or apply so much of said share and so much of the net income, if any, therefrom as he may deem advisable toward the health, maintenance, education and support of said minor, accumulating and investing any income not needed for such purposes and later utilizing it therefor if deemed advisable, until said minor has reached said age or has sooner died at which time my Executor shall distribute the rest of said share, together with any accumulated income then remaining, outright to said minor or to his or her estate, as the case may be. For the purposes of such administration my Executor shall have all the powers, rights and discretions elsewhere conferred upon her by this Will or by law and shall be entitled to the same compensation in respect of both income and principal as if acting or continuing to act as testamentary Trustee with respect to said share. My Executor shall not be under any duty to sell any tangible personal property that may be subject to this Section 2 in order to render the proceeds productive of income and may in his discretion allow said minor to have the possession and use of any such property notwithstanding his or her minority without liability on the part of my Executor for wear and tear, damage or the loss that may result therefrom. It is the intent of this Section 2 to constitute my Executor as the holder of powers in trust for the purposes above indicated. ARTICLE FIDE Other Provisions Affectin Trusts for Minors Section 1. Disbursements to or for the Benefit of Minors. In the disbursement of funds paid under this Will to or for the use and benefit of any beneficiary who is a minor, the Executor may make payment of the same to the parents, guardian or such other person having custody of the person of that minor at the time such payments are made, but without liability on the part of the Executor to see to the application of said payments by the payee, and the receipt of -2- any such person shall be a full acquittance of the Executor as to any amounts so paid, or the Executor may make payment of the same directly to or for the benefit of such minor. The Executor is also hereby authorized to make payments of such funds to a custodian, which maybe a person or institution appointed by the Executor, as a transfer under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, and the receipt of the custodian shall be a full acquittance of the Executor as to any amounts so paid. Section 2. Stock Dividends. Corporate distributions received in shares of the distributing corporation shall be allocated to principal, regardless of the number of shares and however described or designated by the distributing corporation. Section 3. Spendthrift Provision. During the continuance of any of the trusts created under Article Four of this Will the principal sums thus held in trust for the beneficiaries, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiaries, or any of them, now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and the beneficiaries under Article Four hereof, shall have no power to sell, assign, or encumber all or any part of the said principal sums or their interest therein respectively, or the income thereof, or to anticipate the said income. If any anticipation, assignment or transfer, whether voluntary or involuntary, or by operation of law, shall be made or attempted by or against any beneficiary under Article Four hereof, all further payments to said beneficiary of income or principal of the trust shall be suspended for such period of time or indefinitely (but in no case for longer than the term of the trust) as the Executor shall determine and, in lieu of such payments, the Executor may apply so much of the income or principal of the trust, or both, as the Executor may deem necessary for the health, support, maintenance and education of said beneficiary, and all income of the trust not so applied shall, in the sole discretion of the Executor, be accumulated and added to the principal of the trust fund at such time or times as the Executor may deem to be in the best interests of the beneficiary. Section 4. Rule Against Perpetuities. No trust created hereunder shall fail to vest within twenty-one (21) years after the life of the last to die of a class consisting of my issue in being, and upon the failure to vest within such period, any such trust shall terminate and the assets thereof shall be distributed outright to the beneficiaries of said trust per stirpes. ARTICLE SIX Personal Representatives I appoint my daughter, BEVERLY M. LYNCH, as my Personal Representative under this Will. My said Personal Representative, or any successor Personal Representative, shall have the authority at any time to appoint another individual or a bank as an additional or successor Personal Representative. In the event BEVERLY M. LYNCH becomes unable or unwilling to serve as Personal Representative, and no successor has been appointed, I appoint BRENDA L. GACKI as successor Personal Representative. In addition to the powers conferred -3- by law, my Personal Representative shall have the following discretionary powers, exercisable without the need to obtain court approval: Section 1. Power to Retain Assets. To retain as part of my estate any property received hereunder, without any duty of diversification. Section 2. Power to Invest. To invest and reinvest the principal of my estate in such stocks, bonds, mortgages, securities or other property, real or personal, without being limited to the classes of securities or investments in which fiduciaries are by law authorized to invest funds. Section 3. Power to Deal With Assets. To sell, exchange, lease, encumber, option or otherwise dispose of all or any portion of my estate, real or personal, in such manner and upon such terms and conditions as are deemed advisable, and to make, execute and deliver any documents necessary to effectuate any powers herein granted. Section 4. Tax Powers. In connection with the making and filing of all income tax, estate, inheritance and other death tax, gift tax and other tax returns and the paying of such taxes, to make such elections, decisions, concessions and settlements, including extensions of time for the payment of any federal estate taxes or other taxes due, as may be deemed proper, without liability to any person thereby affected, and without the necessity of making compensating adjustments. Section 5. Power to Distribute in Kind. To make distributions of my estate in cash, in kind, or partly in cash and partly in kind; and to make non-pro rata distributions in kind without consideration of the income tax basis of the assets distributed. Section 6. Real Estate and Proceeds. I do not wish to have the value of my estate reduced by the forced sale of any real estate which I may own at my death. I therefore authorize my Personal Representative to retain such real estate until such time as it can be sold for its fair market value and, if necessary in order to provide funds for the payment of any debts, expenses, estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death, I authorize my Personal Representative to borrow money and for that purpose to mortgage any such real estate and to execute and deliver all notes, bonds, mortgages, and other instruments and to perform all acts necessary, proper or convenient in connection therewith, any and all such loans and mortgages to be made in the sole discretion of my Personal Representative and for such amounts and upon such terms as my Personal Representative deems proper. I authorize my Personal Representative, without the necessity of petitioning any court for approval or confirmation, to sell at any time, all or part of the real estate which I own at my death and which is a part of my residue, to any one or more of my children or their issue for such price and upon such terms and conditions as all of my surviving children may agree. Section 7. Business Powers. My Personal Representative may carry on any business owned and operated by me or my estate as a sole proprietorship or any business conducted by a limited or general partnership of which I or my estate was a partner for whatever -4- period of time my Personal Representative may deem advisable, and to that end my Personal Representative shall have the power to do any and all things deemed necessary or appropriate, including the power to pay any negative cash flow, the power to incorporate any such business or hold the stock as an investment, the power to borrow and pledge assets held in trust as security for such borrowing, the power to liquidate or sell any such business or such interests therein at public or private sale and at such times and upon such terms as my Personal Representative deems advisable, and the power to employ agents to manage and operate such business without liability for the actions of any such agents, or for any loss, liability, or indebtedness of such business, if the management is selected or retained with reasonable care. Section 8. Waiver of Bond. No Personal Representative hereunder shall be required to give bond for the faithful performance of duty in any jurisdiction. ARTICLE SEVEN Source of Payment of Debts, Expenses and Taxes All estate taxes, inheritance taxes, transfer taxes and other taxes of similar nature, together with any interest and penalties thereon, payable by reason of my death upon the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, and all debts, costs of administration and other proper expenses paid by my Personal Representative shall be paid from the principal of my residuary estate passing hereunder, without reimbursement from or apportionment among the legatees or devisees or persons having a beneficial interest in any such property. Assets sold by my Personal Representative to make payments hereunder shall be selected, to the extent advisable, so as to minimize the recognition by my estate of gain for income tax purposes. My Personal Representative may enter into such agreement or make such election to pay all or any part of the death taxes on any future interest as may be deemed appropriate, and such agreement shall be binding upon all parties in interest. ARTICLE EIGHT Interpretation of Will Section 1. Singular and Plural• Use of Gender. Whenever used herein, the singular shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. Section 2. Definition of Child. Children or Issue. Whenever the terms "child," "children" and "issue" are used herein, such terms shall include adopted children, regardless of the date of adoption, with full effect as if they were the natural children of the adopting parents. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. -5- Section 3. Captions. The captions of articles and sections of this Will are for convenience of reference only and shall not affect the interpretation of this Will. Section 4. Governing Law. I hereby declare that I am a domiciliary of the Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership of any property passing at the time of my death other than under this Will, and that no succession laws of any other nation or state shall have any applicability to this Will or the ownership of any other property passing at the time of my death other than under this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal to the original of this Will only this 9`h day of August, 2007. ,.._l , lc>Z~~f2aJ'~/. '1 ~ .~ (SEAL) MAR~TyHA J. MO AN Signed, sealed, published and declared by MARTHA J. MORGAN, as and for said person's Will in the presence of us and each of us, who, at said person's request, in said person's presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. iZ ~'~.~ Residing at Harrisburg Pennsylvania ~- L~ - ; °~~ Q ~ ~ Residing at _ Harrisbur , Pennsvlvania `~ -6- ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) We, MARTHA J. MORGAN, Thomas P. Gacki and Kelley M. O'Brien, the Maker of this Will and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Maker signed and executed the instrument as the Maker's Last Will and that the Maker signed willingly, and that the Maker executed it as the Maker's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Maker, signed the Will as witnesses and that to the best of their knowledge the Maker was at that time eighteen years of age or older, of sound mind and under no constraint or undue-influence. Cc~ ~lc x~ MARTHA J. M GAN /~ tness Witn ss ~ SUBSCRIBED, sworn to and acknowledged before me by MARTHA J. MORGAN, the Maker, and subscribed and sworn to before me by Thomas P. Gacki and Kelley M. O'Brien, witnesses, this 9th day of August, 2007. ~~so~-~ Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Pnyms G. Hedenberg, Notary PubNo City Of Harrisburg, County My Commission Expires May 24, 2005 Member. Pennsylvania Associallon Ofi Notaries -7-