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HomeMy WebLinkAbout06-24-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Jenrette A. UteCh File Number 21-09- Q~ ~ also known as aka Jenrette A. Dingle aka Jenrette Allison Dingle (huh ,Deceased Social Security Number 1$1-32-461$ Rachel Hollenbaugh and Ethan A. Dingle Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `8' BELOW.•) QX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the named in the last Wilt of the Decedent, dated 08/1~pp$ and codicil(s) dated State relevant circumstances, e.g., n3rrurxXatior-, death of executor, eta Except as follows, Decedent did not many, was not divorced, and did not have a child tom or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: [] B. Grant of Letters of Admintstradon a e, en c..a.; ..rt.c..a.; e; uran e a a; uran a rru a 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 Administrator, c.ta. ord.b.n.c.t.a., enter date of loll in Section A abotre and complete list of heirs.) C'a r•- _ c-, Name Relationship Residence ;=~: ~ ~- ; , `.,J 4 i ~.J p_~ ~ ~ ~ ~ _, '~ y,~~ ~y,,, ~J - (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 1650 Pine Road, Carlisle, Penn Township, Cumberland, PA 17015 (test street address, town/cit}r, township, county, state, zip code) Decedent, then 85 years of age, died on 06/15/2008 at Decedent at death owned property with estimated values as follows: (tf 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: 1650 Pine Road, Carl(~le PA 17015 200,000.00 150,000.00 Wherefore Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Rachel Hollenbaugh 30 Lebo Road (~ Q~~ ~~,,,~~~b Carlisle, PA 17015 x ! ~~ Ethan A. Dingle 340 Yingling Rosd Littlestawn, PA 17340 Form KW-UL Rev. 10-13-2006 Copyright (c) 2006 form software orgy The Lackner Group, inc. Page 1 of 2 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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Swom to or affirmed and subscribed before me this ~~ da of Y 2©~9 For the Register st ^a Signatu of Personal Representative Rachel Ilenbaugh~ p .'~ `~° T3 t_.. ~ ~ .. ' nature of Personal Represents ' Ethan A. Dingle ` ~ ~' ~ ~~., r=~ ~ , '~~ -i3 ~ ; ~~.;~~ _~ '~ ~.-. Signature of Personal Representative _...-.- ~ . '~` ~7 ~ _ 'y -~ ~ ~ .C"" File Number. 21-09- Q5 g~ Estate of Jannette A, Utech ,Deceased Social Security Number. 181-32-4618 Date of Death: 06/15J2009 AND NOW, ~,.1U~.~~. 2~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, iT IS DECREED that Letters Testamentary are hereby granted to Rachel Hollenbaugh and Ethan A. Dingle in the above estate and that the instrument(s) dated 08/13/2008 described in the Petftion be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................................ $ ~tO(~ •~X.7 Short Certificate(s) ........................ $ [ ~ . U~ Renunciation(s) ............................. $ JCP $ ty . ~ $ $ $ TOTAL .................................... $ ~--~ (~ Z. . O (~ Attomey Signature: Attomey Name: Stonesffer and Kelley, P.C. Address: 209 Broadway Hanover, PA 17331 Telephone: 717-632-0163 Form RtN-UZ Rev. 10-13-2006 Copyright (c) 2006 Corm software ordy The Lackner Group, Inc. P age 2 of 2 Supreme Court I.D. No.: 29966 ~/ ,y rJ (~ eh a D s FN d eA d ' 35. Rsgavels erd Diehkl ~°°'.' is ~ ~ ~ ~L t ~ ~ o ~ or , ay, ye r? e s ( ~/ / ~ ~ G~N ~J?1) . .. papcaiuon P.rtNt No`~S.L+~=r~~, 1~ " t^~ ca .,, :. ~~ ..tom ` , i _ ~._ ; ~ ~~_-:: ,~~~~~~ LAST WILL AND TESTAMENT `~' UTECH JANNETTE A - : `= ~ . ~ y; ~ -~ .. ; ~ ~ } ~ - a/k/a _ ~ ~ ::~ ,~ ~~ -~ ~~ r JANNETTE A. DINGLE I, Jannette A. Utech a/k/a Jannette A. Dingle, of Carlisle, 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 by me at any time heretofore made. FIRST: I direct that all expenses of my last illness, including hospital expenses, expenses for medical care, funeral expenses and the cost of a gravemarker, as well as all debts or obligations owed by me at the time of my death, which in the opinion of my Executor are not subject to either a legal or equitable defense, shall be paid from my residuary estate, unless otherwise provided herein, as soon as 'practicable after my decease as part of the expense of the administration of my estate. I direct that all state and federal estate, succession, legacy, inheritance or other transfer taxes, however designated, together wTith any interest thereon, that shall become payable by reason of my death with respect to any property which is included in my estate for purposes of computing such taxes, shall be paid from my residuary estate, as an expense of administration and without apportionment. My Executor shall have no duty or obligation to obtain reimbursement for any STONESIFER AND KELLEY A I3ofrssiona! Corporation ATTORNEYS AT LAW 209 Broadway Hanover, Pennsylvania 17331 717-632-0163 1 ', such tax paid by him from the residuary estate even though paid on proceeds of '~ insurance, annuities, jointly-held or other non-testamentary property not passing under this Will but which passed by virtue of my death. SECOND: All of the rest, residue and remainder of my estate, real, personal '~ and mixed, of whatever nature and wheresoever the same may be located, equally, share and share alike, unto my children, Rachel Hollenbaugh and Ethan A. Dingle, ' ', or to their issue, per stirpes. THIRD: My personal representative and the Trustee of any trust created hereunder shall have th f e ollowmg powers and authority m addition to, and not m limitation of, any other rights and powers granted by law: a) To retain any property transferred, devised or bequeathed to them by me, I, or any undivided interest therein, regardless of the character of said property, or whether it is such as may be authorized by law as a legal investment by a ~' fiduciary; b) To invest and reinvest the estate or trust property m any property or undivided interest therein, wherever located, including but not limited to, bonds notes secured or unsecured stocks f o corporations, real estate or any interest therein, interests in trust, including common trust funds, and investments or obligations issued by the Trustee, without being limited by '' any statute or rule of law concerning investments; c) To sell any estate or trust property, for cash or on credit, at public or private sale; to exchange any of said property for other property; to grant options to purchase or acquire any estate or trust property; and to determine ' the prices and terms of sales, exchanges and options; d) To execute leases and sub-leases for terms extending beyond the termination of any Trust established herein; to subdivide or improve real estate and tear down or alter improvements; to grant easements, give consents and make contracts relating to real estate or its use; and to release or dedicate STONESIFER AND KELLEY A Prafrnionat Corporation ATTORNEYS AT LAW 209 Broadway Hanover Pcnns lvania 17331 2 Y i 717-632-0163 any interest in real estate; e) To borrow money and to mortgage or pledge any estate or trust property in connection with the administration of the Trusts created hereunder; to execute promissory notes or other obligations for amounts so borrowed; and to secure the payment of any amounts so borrowed by mortgage or pledge of any real or personal property. f) To make loans in such amounts, upon such terms and at such rates of interest, and to such persons, firms, or corporations, as deemed advisable; g) To take any action with respect to conserving or realizing upon the value of any estate or trust property, and with respect to foreclosures, reorganizations or other changes affecting the estate or trust property; to collect, pay, consent, compromise or abandon demands of or against the estate or trust property, wherever situated; and to execute contracts, notes, conveyances and other instruments, including instruments containing covenants and warranties binding upon and creating a charge against the estate or trust property, and containing provisions excluding personal liability. h) To keep any property in the name of a nominee, with or without disclosure of any fiduciary relationship; i) To employ agents, attorneys, auditors, depositories and proxies, with or without discretionary powers; j) To give proxies, to deposit securities with and transfer title to committees representing security holders and to participate in voting trusts, reorganizations, and other transactions involving the common interest of security holders; k) To exercise any option to subscribe for or purchase any stocks, bonds, certificates, or other securities which maybe given to it as the holder of other stocks, bonds, certificates, or other securities constituting a part of the estate or trust property; 1) To purchase stocks, bonds or other property, real or personal, from the executor or legal representative of my spouse's estate, or any trust established by my spouse, even though such executor or legal representative is also a fiduciary hereunder; STONESIFER AND KELLEY A profeuionai Corporation ATTORNEYS AT LAW 209 Broadway Hanover, Pcnnsylvania 17331 717-632-0163 m) To join with my spouse or her personal representative in the filing of any income or gift tax return for any period prior to my death and without requiring indemnification from my spouse or her personal representative for any liability which may arise from joining in such return; n) To elect to take administration expenses on either the estate's federal income tax return or the estate's federal estate tax return in such manner as ~i to provide the greatest overall tax savings. My Executor is authorized but not required to adjust the interest of any beneficiary detrimentally affected by such election in order to compensate said beneficiary for any loss due to the making of such election; o) To exercise any election provided in the Internal Revenue Code or under Pennsylvania Inheritance or Estate Tax Laws with respect to the valuation of property for purpose of such taxes, and the time and manner of payment of tax, and no adjustment in any beneficiary's interest in my estate shall be made by reason of the making of such election; p) To deduct, retain, expend and pay out of any money belonging to the estate ~i, or any trust established herein any and all necessary and proper expenses in connection with the operation and conduct of the same, and to pay all taxes, insurance premiums on any policy constituting part of the trust property, and ~' any other legal assessments, debts, claims or charges which at any time may be due and owing by, or which may exist against my estate or any trust established herein , ~, q) To charge commissions or compensation for their services hereunder, ', which commissions or compensation in the case of a corporate fiduciary may be chaxged against or payable from both principal and income received on an annual basis at such rates as maybe provided in its published fee schedule in effect at the time said services are preformed; r) To make any distributions or division of estate or trust property in cash or in kind, or both. s) To continue or carry on any business in which my estate or any trust created under my Will has an interest by stock ownership, partnership interest, proprietorship, or otherwise; to incorporate any such business not previously incorporated or to convert any such business previously incorporated into a partnership, tenancy in common, or proprietorship; to acquire any such business and affairs which an individual could take as the owner of such business; to invest additional capital in, subscribe to additional STONESIFER AND KELLEY A profersional Corporation ATTORNEYS AT LAW 209 Broadway Hanover, Pennsylvania 17331 717-632-0163 stock or securities of, and loan money or credit, with or without security to such business, out of my estate and/or any such trust; to leave income from the business at the risk of the business by way of contribution to capital or loan subordinate to other creditors; to rely upon the reports of certified public accountant as to the operations and financial condition of the business, without independent investigation; to elect and/or beneficially employ and compensate, as directors, officers, employees, counsel, or agents of such business any person, including any one or more of the individual Fiduciaries (notwithstanding that they are Fiduciaries under my Will) or any agent of a Fiduciary; to deal with and act for the business in any capacity, including any banking or trust capacity and the loaning of money out of a Fiduciary's own funds, and to be compensated therefor; and to sell or liquidate such business or any part thereof. t) To exercise any and all options, rights and privileges contained in or obtainable in connection with any life insurance policy, annuity or endowment contract which may become a part of my estate or any trust created under my Will, issued on the life of any individual, including the right to leave any sum on deposit with any life insurance company at interest for any length of time; to allow any automatic loan features of any policy to operate; to borrow upon the cash value or reserve of any policy; to elect the automatic non-forfeiture of any policy; to make any compromise or settlement with respect to any policy; to revoke any optional mode of settlement; to obtain the cash surrender value; to convert any such policy to paid-up insurance or extended term insurance; to take out and/or continue in force and pay the premiums on any life insurance., annuity, or endowment contract upon the life of any beneficiary of my estate or any trust created under my Will, or upon the life of any parent, spouse, descendant or spouse of any descendant of such beneficiary, for any purpose whatsoever. As used in this Section, life insurance means any type of life insurance policy, including term, paid-up, whole life, limited payment, split dollar, universal or any form of life insurance. AND LASTLY, I do nominate, constitute, and appoint Rachel Hollenbaugh STONESIFER AND KELLEY A Prorrrsional Corporation ATTORNEYS AT LAW 209 Broadway Hanover, Pennsylvania 17331 717-632-0163 and Ethan A. Dingle, as Co-Executors of this, my Last Will and Testament. I direct my Co-Executors shall serve without bond. Any fiduciary who is an individual shall be entitled to receive reasonable compensation for his services hereunder and shall be reimbursed for all expenses incurred in connection with the administration of my estate or any trusts established herein. Compensation for any corporate fiduciary for its services hereunder shall be in accordance with its published fee schedule in effect at the time of said services are performed. IN WITNESS WHEREOF, I, Jannette A. Utech a/k/a Jannette A. Dingle, ', have to this my Last Will and Testament, contained on this pa a and the foregoing 3~da of 'five (5) pages, set my hand and seal this ~_ y , 2008. STONESIFER .AND KELLEY A 1'rofrssional Corporation ATTORNEYS AT LAW 209 Broadway Hanover, Pennsylvania 17331 717-632-0163 ke d1.u,~U ~w~ I, Jannette A. Utech a/k/a J tte A. Dingle ,the testatrix, sign my name to ~! this instrument this ~3~day of _, 2008, and being first duly ', '~ sworn, do hereby declare to the undersigned authority that I signed and executed this '~ instrument as my will and that I signed it willing (or willingly direct another to sign ', for me), that I executed it as my free and voluntary act for the purposes therein ', expressed, and that I am eighteen years of age or older, of sound mind, and under no '~, constraint or undue influence. .... -~G't-~.~c.~~- ~ ~ (SEAL) ~,~ ~ Jannette A. Utech a/k/a ~. ~, J ette A. Dingle We, Scott L. Kelley, Esquire and Rebecca A. Howard, sign our names to this I' ' instrument, bein first dul sworn, and do hereb declare to the undersi ed authori g Y Y ~ tY Ij that the testator signs and executes this instrument as his Will and that he signs it willingly (or directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this Will as witness to the testator's signing, and 'that to the best of our knowledge the testator is eighteen years of age older, of !sound mind, and under no constraint or undue influence. /f -~ Scott L. '' ~ i ebecca A. Howard COMMONWEALTH OF PENNSYLVANIA ) ICOUNTY OF YORK ) Subscribed, sworn to and acknowledged before me by Jannette A. Utech a/k/a Nannette A. Dingle, the testatrix, and subscribed and sworn to before me by Scott L. dell Esqui e and Rebecca A. Howard, witnesses, this ,3 ~~""day 4 ~- " 1 ~- 2008. / ,,--~ , ~, r r F r '1 'gip ~ _.t'~ ~~~ Notary Public STONESIFER AND KELLEY n~oTA,~rzia~rsi:A~~, A r AI'rofesrianalCorparation STf~Git: A CC~PPER~MiTH ATTORNEYS AT LAW 209 Broadway NQtpry Public Hanover, Pennsylvania 17331 HANOVt=R BOi2QUGH, YOR~C CUUI~ITY ~i~-~3z-oi~3 N1y ~Qmr~is~ion Expires Oct 10, 2008