HomeMy WebLinkAbout05-22-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of PHYLL[S WAUNITA CUNNINGHAM
also known as PHYLLIS W. CUNNINGHAM
Deceased
File Number GYJ ~ OG(J ~/ ~ - ~~~0
Social Security Number 213-247785
Petitioner(s), who is/ere 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or B' BELOW:)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the
last Will of the Decedent dated April 8, 1996 and codicil(s) dated N/A
(State relevant cirronstm~ces, e.g., renwciation, death of esecawr, etc.J
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution t
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A
^ B. Grant of Lettero of Administration
(/f app/icab/e, elver c.ta.; d.b.n.c.ta; pendente liter dto-artte obsenfia;
named in the
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Petitiorer(s) after a proper search has /have ascertained thm Decedent left ao Will and was survived by the following spouse (if arty) and heirs: (If
Administration, c.t.o. or d b.n.c.t.a., enter date of Will in Section A above and complete list ojheirs.)
Decedent was domiciled at death in Cumberland Cottmy, Pennsylvmia with his /her last principal residence at
1418-E Bradlev Drive. #113. North Middleton Towdhin Carlisle Cmnherland County Pennsv(vania 17013
(Ia'st street address, town/city, township, rounry, state, zip code)
Decedent, then 80 years of age, died on APrd 29, 2009 at home.
Decedent m death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 30,000.00
(If not domiciled in PA) Personal property in Pemrsylvania $
(If no[ domiciled in PA) Personal property in County $
Value of real estate in Permsytvattia $ 60,000.00
situated as follows: 1418-E Bradley Drive, #113, North Middleton Township, Carlisle, Cumberland Cormty, Pemrsylvanie 17013
Wherefore, Petitioner(s) respect6dly request(s) the probate of the kst Will and Codicil(s) presented with this Petition and the gent of Letters m the appropriate form to
the undersigned:
~~ ~ R _ ~ ~ ~ I Deborah R Judd, 1418-E Bradley Drive, #114, Carlisle, PA 17103.
.//-"7A ,M di i't~.~ , Ul~l i~. o.C A ~ ~ Donna S. Myers, 1873 Lisburn Road, Carlisle, PA 17013
Executrixes
porm aw-oz rev. 10./3.06 Page 1 oft
(COMPLETE WALL CASES:) Attack add/tional sbeea tjnecersary.
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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 Imowledge 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.
Swom to or affirm~ed~a~nJd subscribed
before me the I~CLL~~dYay~of
LMN ~
r the Register
Estate of PHYLLIS WAUMTA CUNNINGHAM Deceased
Social Security Number: 213-247785 Date of Death: Arnil 29.2009
AND NOW, ~~ Q.L ~ da ~~ ~, in consideration of the foregoing Petition, satisfactory proof
having been presented before , IT IS DECREED that Letters TESTAMENTARY
are hereby granted to Deborah R. Judd and Donna S. Myers
and that the instrumem(s) dated April 5,1996
described in the Petition be admitted to probate and filed of record as the last Will
FEES
Letters ............... $__C
Short Certificate(s) ....... $
Renunciation(s) .. .. $
... $ ~
.. $~
..$ SCt'J
... $
... $
... $
... $
TOTAL ..............
Codicil(sp
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File Number: oCJ O / - `~" ~ d J A N ,
N -~
Attorney Signature:
Attorney Name:
Supreme Court LD. No.:
Address:
Telephone:
r_>ca
in the above estate
For,„ nw-oz rev. /0.13.06 Page 2 of 2
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15434040
Certification Number
D9-~~~
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate wili be forwazded to the Slate Vita]
~j'~R,ecords Office for permanent filing.
C~bt>ttt. ~~'}~e~a+br~rt,~rX- MA1~ ~/ 20~s
Local Regis[raz Date Issued
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LAST WILL & TESTAMENT
OF
PHYLLIS WAUNITA CUNNINGHAM
I, PHYLLIS WAUNITA CUNNINGHAM, of 1418-E, Bradley Drive, Carlisle,
i
_\
Cumberland County, Pennsylvania, being of sound and disposing mind, do make,
publish and declare this as and for my Last Will and Testament, hereby revoking
any and all Wills and Codicils by me at any time heretofore made.
FIRST: 1 direct that all my just debts, funeral expenses and inheritance taxes
be paid by my hereinafter named Executorltrix) as soon after my decease as may
conveniently be done.
SECOND: I give, devise and bequeath all the rest and remainder of my
estate, real, personal and mixed of whatever nature and wheresoever located to
my husband, William Franklin Cunningham, of 1418-E, Bradley Drive, Carlisle,
Cumberland County, Pennsylvania, if he survives me by thirty (30) days, or more.
THIRD: In the event that my said husband should not survive me by at least
thirty (30) days, I then give, devise and bequeath all the rest and remainder of my
estate, real, personal and mixed of whatever nature and wheresoever located in
equal shares unto all of my children, Deborah Judd of Carlisle, Pennsylvania,
Dennis Cunningham of Carlisle, Pennsylvania, Donna Myers of Carli~lg,
Pennsylvania, Darryl Cunningham of East Berlin, Pennsylvania, David~nningm <;,
}~,n `- ',
of Newville, Pennsylvania, and Derek Cunningham of Nashville, Tenrt~ss~, p~' `_
v~ ~ r
capita with per stirpes representation. `-~~;~ ~ -v
;~. ,, -7:
`':~~ iv
_, .-
-o ~ - -
FOURTH: I hereby name and appoint Darryl W. Cunningham, Esquire, oP~the
law firm of Frankel, Bare & Associates, York, Pennsylvania, to be the attorney for
my estate.
5~7i?'
FIFTH: In the further event that any of my grandchildren that are entitled to
j~~~
receive items under this Will other than specific bequeaths are under the age of
twenty-five (25) years, then I devise and bequeath the residue of my estate of
every nature and wherever situate, to the Trustee hereinafter named, to hold each
share IN TRUST, as follows:
(A) To pay the net income therefrom to the named beneficiary(ies) in such
periodic installments as Trustee shall find convenient, subject to the
power of Trustee to accumulate or distribute said net income as the
Trustee deems advisable.
(B) My Trustee may pay to or apply for the benefit of the named
beneficiary(ies) such sums from the principal of each trust in such
shares and proportions as in its sole discretion shall be necessary or
advisable from time to time for the medical care, education, support
and maintenance in reasonable comfort of said beneficiary(ies-, taking
into consideration to the extent my Trustee deems advisable, any
other income or resources of said beneficiary(ies) known to my
Trustee.
(C) The Trustee may apply the net income of each trust for the support of
the named beneficiary(ies), should said beneficiary(ies) by reason of
age, illness, or any other cause, in the opinion of the Trustee, be
incapable of disbursing it.
ID- Upon the first to occur of the death or twenty-fifth (25th) birthday of
each beneficiary, then the trust established for the benefit of said
beneficiary(ies) shall terminate and then-remaining principal and any
accumulated or undistributed income shall be distributed, either to the
respective beneficiary(ies-, if then surviving, or to my then living
issue, oer stiroes.
SIXTH: I do nominate, constitute and appoint as the Trustee of my estate
my son, Darryl Wesley Cunningham, or, in the event that my son, Darryl Wesley
Cunningham, is unable or unwilling to serve as Trustee, then I appoint as Trustee
of my estate my son-in-law, Paul Myers, with power to accumulate and sell assets,
and pursue courses of action to collect assets; to invest proceeds and keep intact
until the trust terminates as each child reaches the age of twenty-five (25) years or
as herein above set forth.
AND LASTLY, I do nominate, constitute and appoint as the Executor of this
my Last Will and Testament, my husband, William Franklin Cunningham. In the
event that my husband, William Franklin Cunningham, is unable or unwilling to
serve, then I appoint my daughters, Deborah Judd and Donna Myers, as the
alternate Executrix, and they shall not be required to give any bond or other surety
in any jurisdiction of any Executrix appointed hereunder.
IN WITNESS WHEREOF, I, PHYLLIS WAUNITA CUNNINGHAM, Testatrix,
have to this, my Last Will and Testament, contained on this page and the foregoing
two 12- pages, set my hand and seal, this ~ day of ~ 1996.
PF~yI nita Cunningh m
~~ '~`..
The foregoing instrument, contained on this and the preceding three (3)
pages, each bearing the signature of PHYLLIS WAUNITA CUNNINGHAM, was by
her signed, sealed, published and declared as and for her Last Will and Testament,
in the presence of us, who, in her presence and in the presence of each other, and
at her request, have hereunto subscribed our names as witnesses:
1 ' ~
i~ {
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of ~p
,~ We, PHYLLIS WAUNITA CUNNINGHAM,~eh~~~ h ~i,~ and
/-i y~ ~ . v''~~/~2S ,the Testatrix and Witnesses, respectively, whose
names ar signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the Testatrix signed and executed
the instrument as her Last Will and Testament and that she had signed willingly
and that she executed it as her free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the
Testatrix, signed the Will as witnesses, and that to the best of her knowledge, the
Testatrix was at the time eighteen 118- years of age or older, of sound mind and
under no constraint of undue influence.
LUi~~ii ~.lJ ~~i^,z,Q2 --•. ~
Testa nx
SUBSCRIBED, sworn to and acknowledged before me by PHYLLIS
WAUNITA CUNNINGHAM, the Testatrix, and subscribed and sworn to before me
by ~~bOrix ~'1 ~ t,l ~~ ,and ~,AV L ~, ihy~5 ,the
witnesses, this ~ day of 19~
~~//~Ldh-tom ~• ~~~~i ~-
Notary Pub is
NOTARIAL SEAL
SANDRAJ. GREIMAN, NOTARY PUBLIC
YORK, YORK COUNTY, PA
MY COMMISSION EXPIRES NOV 23,1838