HomeMy WebLinkAbout01-30-09PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Richard R. Knisely
also known as
Social Security No. 1 7 4 2 0 4 4 2 Deceasrd.
The petition of the undersigned respectfully represrnts that;
Your petitioner(s), who }8/aze 18 years of agc or older an the
in the last will of the above decedent, dated F ah rt_ , a ,_,r i c
and codicil(s) dated ntn_r
the
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.t. rtamrrd
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i q, y
(state relevant circ,tmetances, e.g. renunciation, death of executor, etc.) ~ -
Decendent was domiciled at death in Cumberland Count ~~ y variu, with
h i a last family or principal residence ar 'i ~ n F„ t t-.,,, cam,-,.,,.. y'_pCO~ 1 .. _ _
(fist stmt, number and muncipality)
Decrndent, then 81 years of age, died _ January 1 6 2009
atr-toGp;r•a RPa;rlPnce nter 1710 Linalestown Rd Harrisburg PA
Except as follows, decedent dtd not marry, was not rhvorced and drd not have a child born or adopted
after execution of the will offered for probate; was not the victim of a kilUng and was never adjudicated
incompetent:
Decendent at death owned property with estimated. values as follows:
(If domiciled in Pa.) All personal property $ i n ~ n n n 0 0
(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: 3sn F„i on Street Enola, PA 17~~ arra`-
'I nn 1 C)~ ('antar Ctr at F ~'I rl, 7S
WHEREFORE, petitioner(s)
presented herewith and the gran[
theron.
To:
test(s) the probate of the last will and codicil(s)
=amentarv
(testamentary; adndnistration c.t.a.; administntioa d.b.n.c.t.a.)
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ ss
COUNTY' OF CUMBERLAND
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 represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirm and subscribed
before m~ this _~' ~ ~~ of is
,, ` ~-! ~.
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~~ '! (~~Regrster a eon K. Miller
d
Register of Wills for the
County of Cumberland ~
Commonwealth of Pennsylvania
Estate Of RICHARD R. KNISELY Decesa:Sed
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DECREE OF PROBATE AND GRANT OF LETTERS
~~~~
AND NOW < , in consideration of the petition on
the reverse side here ', satisfac ry proof having beets presented before me,
IT IS DECREED that the instrument(s) dat t~~-~`~'L~" ~ % c~U~
described therein be admitted to probate and filed of rewrd as t last wID of ~%Gflw'~ ~' ~U~~
and Letters
are hereby tganted to
of
FEES
Probate, Letters, Etc.........
c
U
. $ ~~
Short Certificates(io) ......... . $ :~C', w
Renynciation ......iu./i.., .. . $ ~.~`°'
~J(ft ~u
ft ~u ~O.~u
$3_Br~--
TOTAL _ $~~
Filed ...................... .............
eph ckley vNp 38444
ATTORNEY (Sup. Ct. 1.D.
1237 Holly Pike, Carlisle, PA 17013
ADDRESS
(717) 249-2448
PHONE C J `~~''
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OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Pee lix this certificate. $6.U0
P 15131624
Cl.rhhlation Nuntbcr ~ /
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~HOI~LD R~4D: ~~ ~~-~'
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This is to certify that the infomlation here given is
correctly copied fi~om ;m original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office li,r perrnancnt filing.
JAN 1 9
Loca Rel~istrar Dale Issued
.~Ywn, ~p0 GOMMOINFFALIN OF PFM419YLVANN• OEPARTMENr OF HEALTN • VITAL RELORDS
1°•'"'"" CERTfYCATE OF DEATH
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2919 J,~.'J 30 PP9 I,. 2
LAST WILL AND TESTAMENT CL ~ r:K C.1=
0,=~ , v,nT
BE IT REMEMBERED THAT ~~ i `; o~
I, RICHARD R KNISELY, a resident of Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do make, publish and declare this to be my
LAST WILL and TESTAMENT, hereby revoking any and all Wills and Codicils previously made
by me.
l
1 declare that I am married to F. ARLENE KNISELY, and that I have three (3) children,
,iELINDA BENDER, JENEEN MILLER and RICHARD R. KNISELY, II.
II
I direct that all myjust debts and funeral expenses shall be paid from my residuary estate as
soon as practicable after my decease.
III
I direct that all taxes that may be assessed in consequence of my death, of whatever nature
and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the
expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real or personal, wherever situate,
including any property over which I may have a power of appointment to my wife, F. ARLENE
KNISELY provided that she survives me by thirty (30) days.
V
If my wife shall predecease or fai] to survive me by thirty (30) days, I give, devise and
bequeath all of my property, whether real or personal, wherever situate, including any property over
which ]may have a power of appointment, to my children, JELINDA BENDER, JENEEN
MILLER and RICHARD R. KNISELY, II, in equal shares, per stirpes.
VI
TRUST
If I have any grandchildren who inherit property under the terms of this Will who are under
the age of eighteen (18) years, I appoint JELINDA BENDER and JENEEN MILLER as Co-
Trustees ofthe property that I have given to my grandchildren. If either is unable or unwilling to act
in that capacity the other may act alone as Trustee.
A. The assets that are transferred to the Trust shall be divided into approximately equal
shares for each of my grandchildren under the age of eighteen (18) years of age.
B. The Trust estate shall be administered until each grandchild reaches the age of eighteen
(18) years. Until that rime, the Trustee shall apply al] net income and principal of the Trust estate as
follows:
1) So long as my grandchild is under the age of eighteen (18) years
of age, the net income of the Trust shall be paid to, or applied for
the benefit of my grandchild at such times and in such amounts as
the Trustee shall in his discretion deem necessary for his support,
welfare, maintenance and education. Education shall be defined
broadly to include not only that available in college, but also trade
school and other similar training. In the event that the income
shall be insufficient to provide my child with adequate
maintenance, support, welfare or education, the Trustee may
invade the principal of this Trust for this purpose.
2) The Trustee in exercising his discretionary authority with respect
to the payment of income or principal of the Trust Estate to my
beneficiary, shall take into consideration any income or other
resources available to my grandchild from sources outside of this
Trust that may be known to the Trustee. The determination of the
Trustee with respect to the necessity of making payments out of
income or principal to my beneficiary shall be conclusive on all
persons howsoever interested in the Trust.
3) The Trustee shall accumulate and add to principal any net income
of the Trust not paid out in accordance with the discretion
hereinabove conferred on the Trustee.
4) In the event my grandchild predeceases me or dies prior to the
termination of this Trust, the interest of my grandchild in the Trust
shall cease, except that, if he is survived by any children, then the
Trustee shall pay net income of the Trust to or apply the same for
the benefits of such children of my deceased erandchild,in such
amount or amounts as the Trustee in his sole discretion may
determine for support, welfare and maintenance.
C. When my grandchild reaches the age of eighteen (18) years, a calculation of the property
remaining in the Trust shall be made and the total thereof shall be distributed to him or her.
D. My grandchild, as beneficiary of this Trust, shall not have any right to alienate,
encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor
shall any interest be subject to claims of his creditors or liable to attachment, execution or other
process of law.
E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will, or bylaw, shall have the following powers over the
Trust estate, subject to any limitation specified elsewhere in this Will:
I) To retain any property received by the Trust estate for as
long as the Trustee considers it advisable.
2) To spend funds for the maintenance and repair of real
property.
3) ~fo sell at public or private sale, exchange or lease for a
period of time, any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the
provisions of this Trust.
~) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneficiary hereunder
showing receipts and disbursements of principal and
income no less frequently than annually. The Trustee shall
serve without bond and shall receive fair and reasonable
compensation for administration of this Trust, not to exceed
five (5%) percent of annual income.
7) To distribute property in kind.
8) To do all other acts that are in his judgment necessary or
desirable for the proper management, investment and
distribution of the Trust estate.
VII
I nominate, constitute and appoint my daughters, JELINDA BENDER and JENEEN
MILLER as Co-Executrixes of this LAST WILL, to serve without bond. If either is unable or
unwilling to act in that capacity, then the other may act alone as Executrix, to serve without bond.
3
1N WITNESS WHEREOF, I, RICHARD R. KNISELY, have set my hand to this LAST WILL
this ~~ day of>~~,b('litCc/~y 200(
~~ ~ ~ ~~ ~ ~
RICHA
RD R. KNISELY
Signed, sealed, published and declared by the above-named RICHARD R. KNISELY, as
and for his Last Will and Testament, in the presence of us, who, at his request and in his presence,
and in the presence of each other, have hereunto subscribed our names as witnesses.
-,
;~
4
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
I, RICHARD R. KNISELY, 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 as my free and vohmtary act for the
purposes therein expressed.
Sworn or affirmed to and acknowledged before me by RICHARD R. KNISELY,
this /9-°~-day of~`y~i,~~~~ „ ~ , 200'..
Testator,
Notary Public
Anre ...
AFFIDAVIT
,,
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
We, ~ . 11`~ir{.L~~ICOmR~~ and~~t tc ~ - ~ r~~5~
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 his LAST WILL; that RICHARD R. KNISELY signed willingly and that he executed
it as his 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 the time 18 years of age or more, of sound mind and under no constraint or undue influence.
~r~AiY --
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Sworn ,o~r a'ffirmed t~o~/Ja~nd acknowledged before me /
this/j aayol\=yF~'"-uGt,c.c~. ,200.1 l
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N ary Public
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RIC A R. KNISELY
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