HomeMy WebLinkAbout09-03-09
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Dorothy L. Stambaugh
also known as Dorothy M. Stambaugh
. Deceased
COUNTY, PENNSYLVANIA
File Number ~ ~ ~V / C/ 0 ~/,
Social Security Number 189-18-5561
Diane E Swinehart and Dou las C Swinehart
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
rv
®/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executors
last Will of the Decedent dated January 29, 2007 and codicil(s) dated
'~_;~amed in thG
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) -- `f~''` -
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution a#~ sttvment~ offered:-
. ~ ~-
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~~
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® B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendentelite; duranteabsentia; duranteminoritate)
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
Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
Golden Living Center, 770 Poplar Church Road, Camp Hill, PA 17011
(List street address, town city, township, county, state, zip code)
Decedent, then 86 years of age, died on July I5, 2009 at Golden Living Center, 770 Poplar Church Road,
Camp Hill, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 7,000.00
(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 fo
Diane E. Swinehart, 125 York Street, Wellsville, PA 17365
Form RW-02 rev. 10.13.06
Page 1 of 2
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:
~` 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 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. •
Sworn to or affirmed and subscribed
before me the ~_ day of
oLlL~.L_
F the Regtster
J'ignature of Persona! Kepresentanve ~ c
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Signature of Personal Representative ._:,j ~ ~ f
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File Number: ~ "~ ._._
Estate of Dorothy L. Stambaugh ,Deceased ~'
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Social Security DN~umber: 189-18-5561 Date of Death: ~' J rJ '~
AND NOW, s ~ra~l..d/~ ~ , t~ Oo9 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Diane E. Swinehart and Dour:las C. Swinehart
in the above estate
and that the instrument(s) dated January 29, 2007
described in the Petition be admitted to probate and filed of record as the last Wil] (and Codicil(s)) of Decedent
FEES
Letters ............... $ • ~~
Short Certificate(s) ........ $
Renunciation(s) .......... $
~~ll ... $
... $-s.LtS~
... $
... $
... $
... $
... $
... $
TOTAL .............. $~_8.9f)
Supreme Court I.D. No.; 41301
Address: 101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
Form RW-02 rev. 10.13.06 Page 2 of 2
Attorney Name: R. Mark Thomas, Esquire
IUS.ROS REV (01!O71 - Cr ~- ~'~' ~ ~ ~ /
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 1~6Q~36
Certification Number
This is to certify that tie information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Reg strar. The original
certificate will be forwarded to the State Vital
Records Office for perrllanent filing.
L~~e.~ ~~b~~ JUL/ i 7/7(109
Local Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse) CTATF FII F NI IEIRFR
1. Noma ol0ecedenl (Firer midA•, IBR, sulfa) 2. Sea 3. Social Secumy Numbx /. Deb d Deets (Mmlh, de , )
Dorothy L. Stambaugh Female 189 _ 18_ 5561 July 15, ~~09
5. Age (Last &ralmy) llrltler 1 Urltler 1 6. Deb d BYth Mordh, 7. Bits C arld stets a hwR coon Be. Place of Dean' CMCk one
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LAST WILL AND TESTAMENT c`~~ ~ , ;
OF ~ -~~ r~
~~_~~ _~
DOROTHY M. STAMBAUGH ~ ~ ~ ~ : ~ ~--, ,
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I, DOROTHY M. STAMBAUGH, a resident of Wellsville, York County,l'e~nsylvg~ia,
do publish and declare this to be my Last Will and Testament, hereby revoking all offer prior vscills
and codicils made by me. ~''
FIRST: Familyground and Appointment of Executor.
(A) Family and Background Information. I am a widow. I have one child, DIANE
E. SWINEHART, and she will be referred to as "my child" or "my daughter" throughout this Will.
(B) Appointment of Executor and Trustee. I appoint my daughter, DIANE E.
SWINEHART, and my son-in-law, DOUGLAS C. SWINEHART, to act jointly only as my
Executors. If either of them predeceases me, becomes incapacitated, resigns or does not complete
the duties of Executor, then the remaining one of them shall act individually as my Executor. The
aforenamed persons are all hereinafter referred to collectively as "Executor", and they shall serve
without bond and without being required to account to any court. The Executor shall serve as
Trustee of any trusts created under this Will. When acting as Trustee, the Executor shall have such
powers as are otherwise granted under this Will to the Executor.
SECOND: Funeral and Last Illness Expenses; Taxes.
(A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral
expenses and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy,
transfer and other death taxes or duties, by whatever name called, including any and all interest and
penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will, out of my residuary estate, without being prorated
or apportioned among or charged against the respective devisees, legatees, beneficiaries, transferees
or other recipients of any such property or charged against any property passing or which may have
passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any
such taxes from any such person.
THIRD: Tangible Personal Property. Except for those items enumerated in the Letter of
Instruction, I bequeath all my tangible personal property, including but not limited to clothing,
jewelry, furniture, household furnishings, household goods, personal effects, motor vehicles and all
other similar articles which I own, and the insurance thereon, to my daughter, DIANE E.
~,
LAST WILL AND TESTAMENT
OF
DOROTHY M. STAMBAUGH
PAGE 2
SWINEHART, and if she does not survive me, then to my daughter's issue to be divided among
them as they may select in as nearly equal shares, per stirpes, as is practical. Tangible personal
property shall not include: (1) any and all property used by me in any business, (2) cash on hand or
on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness and (5) any life,
health or accident insurance policies. Notwithstanding any other provisions in this Article THIRD,
I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with this Will,
containing directions as to the ultimate disposition of certain items of my tangible personal property,
and such Letter of Instruction shall determine the distribution of such items.
If there is any disagreement as to distribution, I direct my Executor to make such distribution,
and the decision of my Executor shall be final and binding. Any items not selected or any items
which my Executor considers unsuitable for my beneficiaries maybe distributed or sold in the sole
discretion of my Executor, and if sold, the net proceeds therefrom shall be added to the residue of
my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be
delivered to the minor or to any person to safeguard on behalf of the minor. The reasonable costs
of protecting, appraising, packing, storing, shipping, cleaning, delivering and insuring all items
distributed in this Article THIRD shall be paid as expenses of administering my estate.
FOURTH: [This article has been intentionally left blank.]
FIFTH: Residuary Estate.
(A) I give, devise and bequeath all the rest, residue and remainder of my estate, of every
kind and character, real, personal and mixed, tangible and intangible, and wherever situated,
including any lapsed or renounced legacies, devises or residuary bequests and any property over
which I may have a power of appointment, as follows:
(1) FIVE PERCENT (5%) to ORCHARD SPRINGS FELLOWSHIP OF THE
ASSEMBLIES OF GOD, Aspers, Pennsylvania; and
(2) NINETY-FIVE PERCENT (95%) to be divided as follows:
(a) ONE-THIRD (1/3) to my daughter, DIANE E. SWINEHART, or if
she does not survive me, then to my son-in-law, DOUGLAS C. SWINEHART;
LAST WILL AND TESTAMENT
OF
DOROTHY M. STAMBAUGH
PAGE 3
(b) ONE-THIRD (1 /3) to my granddaughter, LISA M. FREAS, or if she
does not survive me, then to her children in equal shares, per stirpes; and
(c) ONE-THIRD (1 /3) in equal shares to the children of my
granddaughter, SHANNON E. LECKEY.
(B) Whenever the Executor is directed to distribute any estate property to a beneficiary
who is less than twenty-five (25) years old, the Executor shall hold such property in separate trust
for the beneficiaryuntil he/she becomes twenty-five (25) years old, and in the meantime the Executor
shall use such part of the income and principal of the separate trust as the Executor deems necessary
to provide for the proper health, maintenance, support and education of the beneficiary. If the
beneficiary dies before becoming twenty-five (25) years old, the property then remaining in separate
trust shall be distributed to the beneficiary's issue in equal shares, per stirpes, subject to the terms
of this paragraph.
(C) Prior to final distribution ofmy estate, the Executor, in the Executor's discretion, may
make partial distributions to one or more beneficiaries or trusts. As a consequence, the executorship
and any trusts created under this Will may exist contemporaneously. A distribution may be made
subject to any indebtedness or liability of my estate.
SIXTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his interest in the estate in any manner other than by the valid exercise of a
power of appointment. No part of the estate shall be liable for or charged with any debts, contracts,
liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a
beneficiary.
SEVENTH: Powers of Executor. In addition to such powers and duties as may have been
granted elsewhere in this Will or by law, but subject to any limitations stated elsewhere in this Will,
the Executor shall have and exercise exclusive management and control of the estate and shall be
vested with the following specific powers and discretion:
(A) In the management, care and disposition of the estate, the Executor shall have the
power to do all things and to execute such instruments as may be deemed necessary or proper,
including the following powers, all of which may be exercised without order of or report to any
court:
~, ~ ~,
LAST WILL AND TESTAMENT
OF
DOROTHY M. STAMBAUGH
PAGE 4
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses
in action, real estate or improvements thereon, and any other property as the Executor may
deem best, without regard to any law now or hereafter enforced limiting investments of
fiduciaries.
(3) To retain for investment any property deposited with the Executor.
(4) To vote in person or by proxy any corporate stock or other security and to agree
to or take any other action in regard to any reorganization, merger, consolidation, liquidation,
bankruptcy or other procedure or proceedings affecting any stock, bond, note or other
security.
(5) To use attorneys, real estate brokers, accountants and other agents if such
employment is deemed necessary or desirable, and to pay reasonable compensation for their
services.
(6) To compromise, settle or adjust any claim or demand by or against the estate and
to agree to any rescission or modification of any contract or agreement affecting the estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure the same
by mortgaging, pledging or conveying any property of the estate, including the power to
borrow from the Executor at a reasonable rate of interest.
(B) Except as otherwise provided in this Will, in making distributions from the estate to
or for the benefit of any minor or other person under a legal disability, the Executor need not require
the appointment of a guardian but shall be authorized to pay or deliver the same to the custodian of
such person, to pay or deliver the same to such person without the intervention of a guardian, to pay
or deliver the same to a legal guardian of such person if one has already been appointed, or to use
the same for the benefit of such person.
(C) In the disbursement of the estate and any division into separate shares, the Executor
shall be authorized to make the distribution and division in money or in kind, or both, regardless of
the basis for income tax purposes of any property distributed or divided in kind, and the distribution
~ ~ ~~-
LAST WILL AND TESTAMENT
OF
DOROTHY M. STAMBAUGH
PAGE 5
and division made and the values established by the Executor shall be binding and conclusive on all
persons taking hereunder.
(D) The Executor shall be authorized to lend or borrow, including the right to lend to or
borrow from my estate at an adequate rate of interest and with adequate security, and upon such
terms and conditions as the Executor shall deem fair and equitable.
(E) The Executor shall have discretion to disclaim on my behalf any interest, in whole
or in part, in property passing (i) by intestate or testate succession, (ii) by inter vivos transfer, (iii)
by joint tenancy or tenancy by the entirety, (iv) from any life insurance policies, annuities or other
accounts having designated beneficiaries, "pay on death" beneficiaries or "transfer on death"
beneficiaries, (v) under any trust, and (vi) from any other source. The Executor shall be authorized
to execute an appropriate writing and to perform all acts necessary to make a qualified disclaimer
as defined by the Internal Revenue Code and regulations.
EIGHTH: Rights and Liabilities of Executor. No bond or other security shall be required
of any Executor. This instrument shall always be construed in favor of the validity of any act or
omission by the Executor, and the Executor shall not be liable for any act or omission except in the
case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any
investment, the overall performance of the entire estate shall be taken into account. The Executor
shall be entitled to receive reasonable compensation for services actually rendered to my estate and
reimbursement of reasonable expenses actually incurred on behalf of my estate.
NINTH: Tax Elections. In determining the estate, inheritance and income tax liability
relating to my estate, the Executor's decision as to all available tax elections shall be conclusive on
all concerned. In accordance with Internal Revenue Code §2632(a) (or its successor provisions) and
without regard to whether a federal estate tax return is actually filed, the Executor shall allocate so
much of the federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any
generation skipping transfer which may occur under this Will.
TENTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
~~
~,
LAST WILL AND TESTAMENT
OF
DOROTHY M. STAMBAUGH
PAGE 6
(B) Other terms. The use of any gender includes the other gender, and the use of either
the singular or the plural includes the other.
(C) Ca tions. The captions set forth in this Will at the beginning of the various divisions
hereof are for convenience of reference only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(D) Powers of Appointment. By this Will, I exercise any powers of appointment which
I possess at the time of my death.
(E) Issue. In making a distribution to the issue of any person, the property to be
distributed shall be divided into as many shares as there are living children of the person and
deceased children of the person who left children who are then-living. Each living child shall take
one share, and the share of each deceased child shall be divided among histhen-living descendants
in the same manner. A posthumous child shall be considered as living at the death of his parent.
IN WITNESS WHEREOF, I, DOROTHY M. STAMBAUGH, the Testatrix, have to this
my Last Will and Testament, typewritten on seven (7) pages, including the Acknowledgment and
Affidavit, set my hand and seal this 29"' day of January, 2007.
DOROTHY M. AMBAUGH
Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at her request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us
further declares that he believes the Testatrix to be of sound mind and memory. The preceding
instrument consists of this and six (6) other consecutively numbered typewritten pages including the
Acknowledgment and Affidavit.
~%~
i~~~~t ~ 9 residing at Mechanicsburg, Pennsylvania
Mark E. Halbruner, Witness
residing at Boiling Springs, Pennsylvania
Carol L. Frankland, Witness
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testatrix signed and executed the instrument
as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed
another to sign it for her; that she executed it as her free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the Testatrix sign and execute the
instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix
signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
Dorothy M. Stamba' , Testatnx
Mark E. Halbruner, fitness Carol L. Frankland, Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this 29`'' day of January, 2007.
~~ /~
l ~ ,~°
Notary Public
.i~. i'v'~VV t;IyLI It vA' !~}.I`I~1J r L~''i :.~
Notarial Seal
Traci 1,. Sepkovic, Notary Public
LeMoyne Boro, Cumberland County
r~":~,~ Ccanmission Expires Mat. 1&, ~dQt3
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