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Home My WebLink About08-20-09PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, P1en/nsylv/a'nia /y Estate of Saveria Sylvia Trimmer File No. p(J V ~ ^ / (~ also known as renuonegs), wno rsiare Its years of t COMPLETE 'A' OR 'B' BELOW.•) ,Deceased Social Security Number 577-40-3826 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/aze the executrix named in the+P dated July 24, 2009 and codicil(s) dated J 0 .a - a ~ ;:_! C t: ,^ _ i of t~eDec _r~ ddeltt._; rn n O _: i ~-_7 3 (State relevant circunufances, e.g., renunciation, death of executor, arc.) -p -' ~- ~ ~~ y, ~ ~_,-~ r_-) --t Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the rostrum r~i offered ` for probate; was not the victim of a killing end was never adjudicated an incapacitated person: ^ B. Grent of Letters of Administration (IfaPPlicable, enter c.l.a., d. b.n.c.t.a.: pendeme life; durance a6seniia; durance minorlraie) 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: pf Administration, c.t.a. qr d.b.n.c.t.a., enter dote of Will in Section A above and eompele list of heirs. Decedent was domiciled et death in Cumberland County, Pennsylvania, with her last family or principal residence at 600 East Winding Hill Road, Upper Allen Township, Mechanicsburg, PA 17055 (list street, number end municipality) Decedent, then 76 yeazs of age, died on August 9, 2009, at Select Specialty Hospital, Camp Hill, PA 17011 Decedent at death owned property with estimated values as follows (Ifdomiciled in PA) All personal property $ 20.000 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 200.000 situated as follows: 600 East WindinlC Hill Road Upper Allen Townshio Mechanicsbure PA 17055 and Parcel No D 11-0 00-087 in Harrison TownshiRBedford Counri 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 farm to Vicky Ann Trimmer 600 East Winding Hill Road Farm RW-02 rev. 10.13.06 Page 1 of 2 (COMPLETE /NALL CASES:) Aaach addlNona! sheers Ijnecessary. r Oath of Personal Representative Commonwealth of Pennsylvania SS County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are tme and cortect to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. // y. /[// Swom to and affirmed and subscribed V-~`5 /-T~i~w t /«t.era~- Signature>lfPersona! Representative oerore me mts da~y~~o("f~/ ~~, 20-' Number: Es[a[e of Saveria Sylvia Trimmer Deceased Signature of Personal Representative Signature of Persona! Representative (-) o0 CO ~o Social Security No.: 577-40-3826 AND NOW. T tV __°U7 C3 ~ [:7 - r-;O~i ~ J~ . -~-1 CJ ,,., n`~<; i'i~ ':.. c"' ;-~ r' in consideration of the foregoing Petition, Date of Death August 9, 2009 having been presented before me, IT IS DECREED that(l,etters Testamentary are hereby granted to Vicky Ann Trimmer and that the instrument (s) dated July 24, 2009 described in the Petition be admitted [o probate and filed of record as the last Will (and Codicil(s)) of FEES Letters ....................... Short Certificate(s) ............ . Renunciation ............. TOTAL .................. Form RW-01 rev. 10.13.06 Attomey Signature Attomey Name - V ickS Ann in the above estate Supreme Court I.D. No.: 49679 Address: PO Box 659 Mechanicsburg, PA 17055-0659 Telephone: 717-620-2440 Page 2 of 2 I0.5.805 REV (DINT 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 1.5659613 , Certification Number 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 will 'be forwazded to [he Slate Vital Records Office for permanent filing. /I I.f_avxtGN~.rt~ °9~i-c,~,an..(9.a,1,~.~"~ la~ 09 oral Registraz Date Issued Y Nrt ~~~ o COMMONWEALTH OF PENNSYLVANIA • DEPANTNENT OF NEALTN • YRAL pECOflD6 mr« CERTIFICATE OF DEATH (ew 6nelrnxctlonr exM ~ennnlet aY nerNl n N P n _ ` ~ ~y ~ !„_ ._17'T9~ ~ ~~I ..C. ~ Y_~ )~~-TT Z - . ~~ w '''' ~--I L~..},~ v O . IV i.wrawmwn~r Ywar,baYw.i x.w amanrny Y.a arYarr paw aw. Y.l Bavaria S lvia Trimmer Female 577 - 90 - 382b t 9 2009 e. 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ITEM I~ I direct the Executor to pay, out of the residue of my estate, as an expense and cost of administration of my estate, all inheritance and estate taxes which become due by reason of my death, whether payable by my estate or by any recipient of any property. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II~ I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III I give all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon not disposed of in other portions of this Will to my children living at the time of my death, to be divided among them as they shall agree. If my children are unable to agree, the Executor shall divide this property among my ya C;~ 7~ ~" ~~ ~ -, r. ~ ~ .- , c~ .....~ Page 1 children in as nearly equal portions as the Executor, in the sole discretion of the Executor, deems practical, having due regard to the personal preferences of my children. ITEM IV: I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to my children, SCOTT L. TRIMMER, VICKY ANN TRIMMER and RENEE TRIMMER PEREZ, in equal shares. If any of my children is not living at my death, the share of my deceased child shall be paid to his or her issue, per stirpes. The following shall be taken into consideration: 1. My husband and I have loaned money to several of our children. Loans to my children and their spouses shall be considered loans to my children for purposes of this provision. To the extent these sums have not been paid in full prior to my death, the outstanding sums shall be deducted from that person's share and added to the remaining shares. They are specifically not to be forgiven by my estate. A list of the loaned funds is located with my personal papers. 2. My son, SCOTT L. TRIMMER, shall have the right to purchase my hunting cabin and property located in Bedford County at 30% less than the current fair market value. He may accept the cabin and property as part of his above discussed equal share. Any personal effects which belong to someone other than myself shall be removed from the cabin and returned to the owner and shall not be considered part of my estate. In the event that my son chooses not to purchase or accept the cabin and property as part of his share, my daughters shall have the same option in order of their birth. Page 2 It is my specific intent that the recipient of the cabin and property continue to permit my remaining children to use the cabin and property for recreational purposes, including hunting. As long as the cabin and property remain in the hands of one of my children, it is my desire that it be sold to a third party only after an option to purchase at the same price is given to my surviving children. ITEM V~ No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM VI~ The Executor shall possess the following powers, exercisable without court approval and in a fiduciary capacity only (a) To retain any investments I have at my death. (b) To vary investments and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments," and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute personal Page 3 property and real property partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. (d) To sell either at public or private sale any or all real or personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate: (i) To vote shares of stock which form a part of my estate, and to exercise all the powers incident to the ownership of stock. (j) To disclaim any interest in property which would devolve to me or my estate by whatever means. Page 4 (k) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (1) To allocate administrative expenses to income or to principal, as the Executor deems appropriate. (m) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM VII If any issue of a deceased child has not attained the age of forty (40) years at the time of my death, his or her share shall be held in trust by VICKY ANN TRIMMER, as Trustee, IN TRUST NEVERTHELESS, and shall be administered and distributed as follows (a) The Trustee shall pay to or for his or her benefit, in convenient, at least annual, installments, all of the net income. The Trustee shall also pay to or for the benefit of that issue (the "Beneficiary') so much of the principal of this Trust as the Trustee, in the sole discretion of the Trustee, considers necessary to maintain the Beneficiary in the proper station in life, including proper support, maintenance, medical care and college or higher education. (b) Upon the attainment of the age of thirty (30) years by the Beneficiary, the Trustee shall distribute one-third (1/3) of the then principal to the Beneficiary. Upon the attainment of the age of thirty- five (35) years by the Beneficiary, the Trustee shall distribute one•half (1!2) of the then principal to the Beneficiary. Upon the attainment of the age of forty (40) years by the Beneficiary, the Trust shall Page 5 terminate, and the Trustee shall distribute to the Beneficiary all the assets of the Trust. ITEM VIII The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability (a) Directly to the beneficiary; (b) To the Legal Guardian or Conservator of the beneficiary; (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (d) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (e) By directly applying distributions for the benefit of the beneficiary. ITEM IX~ Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. Page 6 ITEM X~ I appoint my daughter, VICKY ANN TRIMMER, to be the Executrix, herein "Executor". The Executor and Trustee are specifically relieved from the obligation of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding seven (?) pages, at the end of each page of which I have also set my initials for greater security and better identification this 2 Y~ day of ~~, 2009. ,~~~L) SAVERIA S VIA TRIMMER We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by SAVERIA SYLVIA TRIMMER as her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, SAVERIA SYLVIA TRIMMER was of sound and disposing mind and memory. ~(~iLAL) (SEAL) Residing at ~l~ ~lLt'.c~a,7L /itA~- ~i~o-a~Q ~~ /70 ~Jl , 1 Residing at O ~ S~ ~ r ~ r,.a ~I~~i~,~~- ~ ~~ (SEAL) Residing at Page 7 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) SS~ COUNTY OF ) I, SAVERIA SYLVIA TRIMMER, Testatrix, 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 and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. SAVERIA LVIA TRIMMER Sworn to and subscribed before me this _ day of .2009. Notary Public My Commission Expires (SEAL) AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS~ COUNTY OF ) We, ~Qna~-~r~tnc~iQL ~it/t~e~, e ,and the Witnesses who ames are signed to e attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw SAVERIA SYLVIA TRIMMER, sign and execute the instrument as her Last Will and Testament; that SAVERIA SYLVIA TRIMMER signed willingly and that she executed the Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of SAVERIA SYLVIA TRIMMER signed the Will as Witnesses; and that to the best of our knowledge SAVERIA SYLVIA TRIMMER was at that time eighteen (18) or more years of age, of sound mind and and no constraint or undue influence. it ss Witne Witness Sworn to and subscribed before me this _ day of 2009. Notary Public My Commission Expires (SEAL) iisiv~i ~~-~~ ^.rvn~ T ~~._ -- 2Q69 AUG 20 PN 3~ 03 OATH OF SUBSCRIBING WITNESSES CLERK !;F ORPHAN'S COURT REGISTER OF WILLS CUti~C~?! 4n,t^~ r^~ PA CUMBERLAND COUNTY, PENNSYLVANIA Estate of Saveria Svlvia Trimmer ,Deceased Jennifer Denchak Wetzel and Angela Hockenberry, each a subscribing witness to (Print Namefs) the ®Will QCodicil(s) presented herewith, each being duly qualified according to law, deposes and says that they were present and saw the above Testatrix sign the same and that they signed the same and that they signed as a witness at the request of the Testatrix in her presence and in the presence of each other. 1 ' ign nre) (Sig afore) 416 Wildcat Trail 8157 SorinB Road (Street Address) (Street Address) Liverpool. PA 17045 (City. Smfe, Zip) New Bloomfield. PA 17068 (City, Stat& Zip) Executed in Register's Ojfrce Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Executed out of Register's O,/Jice Sworn to or affirmed and subscribed before me this j $~ day of August, 2009. Notary Public My Commission Expires: (Signature and Sea! of Notary or other official qualified to administer oaths. Show date ofexpirafion of Notary's Commission.) NOTE: To betaken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) at time of notarization. 12347v1 form RW-03 rev. /0./3.06 coalriivnnltf of -anMflvnnl• NOTARIAL •!AL OARY J. Nf1Y, NOTARY -YKIC f6,YM !-RINO rOMNa NI- COYNYY A! COYNfRLANO reerrlaloN ua~lu a-rawaR a, an ~~ 7~ l ~ ~ .~ OATH OF SUBSCRIBING WITNESSES REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA 20G9 Q(/p 20 pp, 3; 03 CLER;C OF QRPHA~'c COiJRT Estate of Saveria Svlvia Trimmer ,Deceased Jennifer Denchak Wetzel and Angela Hockenberry, each a subscribing witness to (Print Name/s) the ®Will ^Codicil(s) presented herewith, each being duly qualified according to law, deposes and says that they were present and saw the above Testatrix sign the same and that they signed the same and that they signed as a witness at the request of the Testatrix in her presence and in the presence of each other. " i 1~f• C ign ure) 4 416 Wildcat Trail (Sneer Address) Liverpool. PA 17045 (City. Stare, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills New Bloomfield. PA 17068 (City, Sfale. ZipJ Executed out of Register's Office Sworn to or affirmed and subscribed before methis ~ gt~ day of August, 2009. ~~~ Notary Pubhc~ / My Commission Expires: (Signature and Seal ofNofary or other off cial qualified to administer oaths. Show date of expiration ofNo[ary's Commission.) NOTE' To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) et time of notarization. CowsOArtltlltlr tll -tlaAtl Ir\n1a NOTARIAL lIRL 12347v1 DARY ~. Nf IN, NOTARY -Of LIC Form RW-03 rev. )0.13.06 fILYNR iiRIMO TOWNt NI- COYN7Y D- COMNtRLAMD YCOMMIfION l1MRU fAT1Nf{A 1i, atl~ .,,,. (Sneer Address)