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Home My WebLink About04-01-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of MAXIM M. DEMCHAK also known File Number l~ / - oCl - .J ~~ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) Social Security Number 207-28-9047 Deceased /^ A. Probate sod Groot of Letters Testamentary and aver that Petitioner(s) is l are the last Will of [he Decedent dated APRIL 22, 2008 and codicil(s) dated N/A G Vl~ - ~T (State relevorct circumstances. eg., rercurcciadort, death of executor, etc.) ~ ,,., Ezcept as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after executi~ a instrit~nt(s) 6ffeced For probate, was not the victim of a killing and was never adjudicated an incapacitated person: _~ -"vi ~ ~ ~ "-r~ F B. Groot of Letters of Admioisttatioo (Ijapplicable, enter: c. t. a.; d. b.rc.c. t.a.: pendertte lire; 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: (Ij Administration, c. t.a. ar d.b.n.c.t. a., enter date of Wifl in Section A above and complete list ofheirs.) Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at 125 CLAY ROAD CARLISLE WEST PENNSBORO TOWNSHIP CARLISLE PA 17015 (Lis[ street address, town/ciry, township, county, state, zip code) Decedent, then 72 years of age, died on FEBRUARY 18, 2009 at HERSHEY MEDICAL CENTER, DERRY TOWNSHIP, DAUPHIN COUNTY PENNSYLVNAIA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania Personal property in Pennsylvania Personal property in County situated as follows: 3332 GREEN STREET, HARRISBURG, PA AND 123 CLAY ROAD, CARLISLE, PA 17015 $ !0,000.00 g 100,000.00 Wherefore, Petitioner(s) respectfully roquest(s) the probate oRhe last Will aad Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: ~~3t ~~A / _ ~ _~/ z ~ I SUSAN DEMCHAK-HERB 125 CLAY ROAD, CARLISLE, PA 17015 ~ P~ ~,1kM r.4wIC I LINDSEY R. DEMCHAK 4701 RUTH ANN STREET, HARRISBURG, PA 17109 Form ew-oz rev rn 13.od Page 1 of t (COMPLETE IN ALL CASES:) Attach addrbonal sheets ijaecessary. Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or af5rm(s) [ha[ the statements in [he foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of [he Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn [o or affirmed andsubscribed before tie the ~~- day of the Register Signomre of Personal Representative V L;, 1 File Number: ~(' ~ ~" ~~(./ / OAT ? .- -~~ Estate of MAXIM M. DEMCHAK , ISeceased ~ -- Social Security Number: 207-28-9047 ~~~~//~~ Date of Death: FEBRUARY 18. 2009 AND NOW, , CYw~ inconsideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to SUSAN DEMCHAK-HERB AND LINDSEY R. DEMCHAK in the above estate and that the instrument(s) dated APRIL 22, 1008 described in the Petition be admitted to probate and filed of record as (and FEES //II ~ ~~LI((lY~ ~//tLLC.~G~G~~~~ L Letters ....... Short Certif t ... $ /vI ~ Reg;slerofwll7J :.~ 2 ~'4""' ,J'(, .i ,~ ica e(s) ........ $ Attorney Signature: ,y r~ / ' Renunciation(s) $ f ~~~ $~ Attorney Name: DALE F. SHUG /~/ [~ $ '`v ~ / ~ Supreme Court LD. No. : 19373 .. $ $ Address: 10 WEST HIGH STREET $ CARLISLE, PA 17013 .. $ . $ .. $ $ Telephone: 717-241-4311 TOTAL ....... ....... $ Form RW-02 rev !0.13.06 Page 2. Of Z N O o - !'1 wD _ lint e~~ is ~. r~ .~. ~t LOCAL REGISTRAR'S CERTIFICATION OF DEATH ~~ WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ Fee for Ihis certificate. y;h.OU f ~5315G~~~ Certification Number 7^hiy is w ccrlifi' that the information here given i~ curreCll} Copied Ih>m un original Certflica}e of Demh duly Bled wish me ^s I ~ICaI Registrar. The original certificate will be filTw;lydai to the Stub ViWI Realyds Oli ice lilt pernumew tiling. __ -1~L°-~~- _nrll egislrar Dutc Issued N o o -r- m a ~ ~ ,~ ~. ~ ~^ 7vi -- n ''1r~ T SO ?' _ !.. `I COMMONY(EALTN OF PENNSYLVANIA • - DEPARTMENT OF HEALTH • VITAL RECORDS ~~ ~ ~ ..T - - CERTIFICATE OF DEATH (See 11161rIld1pr15 ane eKampba w reverse) ,~ /Y.~ $T4jE F~:E NVN~B£R W _~.. ,~N=m.~,Nm~, er N~m~tl,~.~~.,,,~ L.O ,~r~~ia qtr nm nvE, miarw vEgMANENi 9UCM INx m~v. mllecniNq iM1 m4y., yp, yyl maX_ -.uNAnm01 uw,~,,,. ~~ euc i^air h"+r~.r Dauphin Derry n. ~rce++~vsw w~:a.:ca.o,cr, w...,~wr -per,. 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DEMCHAK, currently of 125 Clay Road, Carlisle, Pennsylvania, 17015, being of sound and disposing mind and memory do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making null and void any and all former Wills and/or Codicils heretofore by me made. FIRST: I direct my personal representative hereinafter named to pay all open expenses including the expenses of my last illness and burial as soon as practicable after my decease. I further direct that burial shall be at the Umbria Cemetery, Osceola Mills, Pennsylvania in a sealed, concrete vault. SECOND: I hereby give, devise and bequeath all remaining items of tangible personal property, including furniture, personal affects, jewelry, and the like to my daughters, SUSAN DEMCHAK and LINDSEY DEMCHAK, share and share alike. Any items of personal properly remaining shall be sold and proceeds therefrom shall be added to the residuary of my estate. THIRD: I hereby give, devise and bequeath all the rest, residue and remainder whether it be, real or personal, unto my daughters, SUSAN DEMCHAK A~ LIND',~Y ca ~~,~ ~„ '_ -o ~, ~~ ~ , ~ - --. °~ _ ~'~ ''~ a ,~ ~. DEMCHAK, equally. Liquid assets shall be placed in separate trusts according to the instructions in section six. FOURTH: As to all provisions of my Last Will and Testament. If and in the event my daughter, SUSAN DEMCHAK, shall predecease me or fail to survive me for a period of thirty (30) days, then and in that event her interest in my estate shall lapse unto my daughter, LINDSEY DEMCHAK. If and in the event my daughter, LINDSEY DEMCHAK, shall predecease me or fail to survive me for a period of thirty (30) days, then and in that event her interest in my estate shall lapse fifty (50%) percent unto my daughter SUSAN DEMCHAK and fifty (50%) percent unto a trust as noted below for my granddaughter, DERIKA DEMCHAK. My daughter, SUSAN DEMCHAK, if surviving shall act as Trustee according to the provisions below. If and in the event both my daughters, LINDSEY DEMCHAK AND SUSAN DEMCHAK, predecease me or fail to survive me for a period of thirty (30) days then and in that event, all the rest, residue and remainder of my estate shall be placed in a Trust for my granddaughter, DERIKA DEMCHAK, according to the provisions below. FIFTH: In the event my granddaughter, DERIKA DEMCHAK, receives the interest of my children, I direct that her interest beheld INTRUST NEVERTHELESS by MIKKIE DEMCHAK WILLIAMS, TRUSTEE, for DERIKA'S DEMCHAK'S college expenses or for legitimate health or welfare needs not to exceed five (5%) percent of the corpus or until my granddaughter has attained the age of twenty-five (25) years, at which time the Trustee shall immediately distribute the balance, including any earned but undistributed income or interest, to that beneficiary. If and in the event, MIKKIE DEMCHAK WILLIAMS, is unable or unwilling to as Trustee, then and in that event I appoint, DAVID R. THOMPSON, ESQUIRE, of Philipsburg, Pennsylvania, as Successor Trustee. The Trustee may receive five (5%) percent of the earnings as compensation. SIXTH: It is hereby requested that the trustee and beneficiary(ies) of my estate consult a certified financial planner, invest the monies in conservative securities (e.g utilities, GNMA, Preferred Stock) and will draw the net monthly or quarterly earnings, less 10% for growth, until age fifty-five (55) for retirement. Withdrawals from the corpus may occur for legitimate health, education, or welfare needs, not to exceed five (5%) percent. The trustee may receive five (5%) of the earnings as compensation. LASTLY: I hereby nominate, constitute and appoint my daughters, SUSAN DEMCHAK AND LINDSEY DEMCHAK, Co-Executrices of this my Last Will and Testament. My Co-Executrices hereunder shall have the following powers, in addition to those powers conferred by law: To dispose of any asset of my estate, including real estate at private or public sale at such price or prices as they shall see fit; to lease, encumber or option any portion of my estate; and to make distribution of my estate in kind, in cash, or partly in kind and in cash. No bond or other security shall be required of my Co-Executrices in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ day of 2008, to this my Last Will and Testament consisting of six (4) pages. ` hv~<:2 ~-.,-s }IL ~Ur..-.-rt~ia`-- (SEAL) Signed, sealed, published and declared by the Testator as and for his Last Will and Testament, in the presence of us, who in his presence and at his request and in the presence of each other, have hereunto subscribed our named as witnesses thereto. ~i~~ ~ l~'ha-~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF C/r~~l~~/~ :ss: I, MAXIM M. DEMCHAK ,the Testator/Testatrix whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the said instrument as my Will, that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn to and subscribed before me, $he undersigned Notary Public, by the said Testator/Testatrix, this _~~ day of 1~ ~i / , 2008. P. COMMONWEALTH OF PENNSYLVANIA A^tY J. Doran, Notory~pupjjh Cheater Hill Borough, Cleerfleld CguatV COUNTY OFGIeat{?~-~ :SS: MYCOmmleelonExplreEMQY~O,zojt We, ~ l-,m~? ~~r,,Pk and ~IG~lel~~i L. ~v~h~~~ the witnesses whose names are signed to the foregoing instrument, being qualified according to law, do depose and say that we were present and saw the Testator/Testatrix therein named sign and execute the said instrument as his/her Will, that he/she signed willingly and that he/she executed it as his/her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the said Testator/Testatrix signed the Will as witnesses; and that to the best of our knowledge the said Testator/Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. /~' ~iJL~ ~'TY /1~e.S~~ ~~ ~c~t~zP,e~ C j/~erl-,a,~ Sworn to and subscri ed before me, the undersigned Notary Public, by the said witnesses, this day of `' 2008. .P. COMMONWEALTH OF P~ ~LY~N. NOTARIAL SEAL AmV J. Doren, NoterV Rup~'c Cheater HIII Borough, Clearfjald <: run: MyCOmmlulonExpirgfMao?4201_. _