HomeMy WebLinkAbout02-18-10i
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Chauncey A. Plyley, Jr.
also known as
COUNTY, PENNSYLVANIA
File Number ~~' ~(~ "' ~~ S'Z,
,Deceased Social Security Number 142-24-8697
Susan L. Kemn
Petitioner(s), who is/are 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 May 22, 2001 and codicil(s) dated
Executrix
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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 Administration
(Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if anyl 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.) t~•~
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Name Relationship ~=~,e -~ i. ~.~
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ' ~`
Decedent was domiciled at death in Cumberland •• ""
County, Pennsylvania with his /her last princi~''la residence atV '''~ ~,- ~;z
47 Kitszell Drive Carlisle South Middleton Townshi Cumberland Coun Penns lvania 17015
(List street address, town/city, township, county, state, zip code)
Decedent, then 77 years of age, died on July 11, 2009 at Carlisle Regional Medical Center
361 Alexander S rin Road Carlisle PA 17015
Decedent at death owned property with estimated values as follows:
(If 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
$ 10,000.00
situated as follows:
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:
Susan L. Kemp, 1720 Douglas Drive, Carlisle, PA 17013
Form RW-OZ rev. 10.13.06
Page 1 of 2
.- ~
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 ___1_~_~ ~ day of
ac~rr~
For the Register
of Personal Representative
~~~.~ucure v~ persona[ tcepresentative
~~tgnature of-Personal Representative
File Number:_ C~ l -- ~ (~ - (~ l ~p~.
Estate of Chauncey A. Plyley, Jr. ,Deceased
Social Security Number: 142-24-8697 Date of Death: July 11, 2009
AND NOW, ,0~0! p , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT DECREED that Letters Testamentary
are hereby granted to Susan L. Kemp
and that the instrument(s) dated May 22, 2001 in the above estate
described in the Petition be admitted to probate and filed of record as the last Will (and Codicilfcll ~f r~P~P.~P„*
FEES
Letters ............... $ y5• cx~
Short Certificate(s) ........ $_ . C~
Renunciation(s) .......... $ i O • c~~
... $ 15 CX7
~~U 1t~( l l3Y ... $ 5- V t7
Attorney Signature:
R. Mark Thomas, Esquire
$ Address: 101 South Market Street
$ Mechanicsburg, PA 17055
... $
... $
$ Telephone: 717-796-2100
... $
TOTAL .............. $_I ao . SZ~b'e'e'
Form RW-02 rev. 10.13.06
Page 2 of 2
Supreme Court I.D. No.: 41301
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C:t,'K4BERL14Ni~ t^t7L':~"[`Y. PI~IVNSYLt%,~ri,YIA~ :> N ~.,~
Eststr cif' C:I~utet~rr A_ Pl~l~r. Jr. . th~ix1
E, Chauncey A. Plyley III
t.#'~twr.Rc~wrl
in n~}~ c~pacity~ r+clatic+eeship as
san of here abfit~~ 1Jaxaic~t. hcrcb~` t`Ge~+c~uru;e~ th,r right so
admit suer' cht Esratr. of rbe Dcce~dGat and. e~s~tfully rcgte~st chat Lctt~ be issued to
Sus~ea L~ztn IGemp
ao a ~,, G~
Ii~Jr/ j~iratiwr~
1100 N. 75th Street
F.xc~~d ~ Rg~ster's (,?~.~
S~csrn w or af~reieed .~ stebs~rit>erd
before tnc this ~}•
at
f3~epwr~ foe t~egistcr of ~-''i11s
f~ Xm rNb rati Jaa: ~,~
Paragould, AR 72450
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F.,x~r. crrrtad errrt of Rr,~~ster's
B~-f~rr the und+cr~ign~:d rs~n,ally~ repp~;ee~i the
party cxccutiny~ this:enw~cistirn any! ceniGa!
il~t he rat she exr~cuted the c+ct2t~ciation tvr the
putpo~s seated within nn tla.is .-~o~,t. da}~
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~4ts,ry I'tei~li~
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,~:,~~~~••, JOYCE ROUTON
~„~NOr,P%* GreenQ (~~~ir?`~'`
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9....••p. ,• F~Ay Commission Expires
~••k^,"s~~ S ember 8, 2010
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND CO~y, PENNSYLVANIA
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Estate of Chauncey A. Plyley, Jr. Deceased
I, William R Plvlev in my capacity/relationship as
(Pent Name)
son
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Susan Lynn Kemp
1
(Date)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this ~,y
of
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
C~~~ ~.
(Signature)
66 Wopowog Road
(Street .4ddress)
East Hampton, CT 06424
(City, State. Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
arty executing this renunciation and certified
tha# he or she executed the renunciation for the
purposes stated within on this z7 ~ day
of ~% ~ c~c~~ Z o 1 p
Notary Pu c
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
MARY A. MALKASIAN
NOTARY PUBLIC
MY COMMISSION EXPIRES MAY 31, 2013
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LAST WILL AND TESTAMENT ? == `~~'~' =~'~ < _~ ::~ -~~
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BE IT REMEMBERED THAT `~~"' ~~ ,. .~ ~:~`T'~
-~' ~,,,~ :`a
I, CHAUNCEY A. PLYLEY, JR., a resident of Cumberland County, Pennsylvania, be ni g of '
sound and disposing mind, memory and understanding, do make, publish and declare this to be my
LAST WILL and TESTAMENT, hereby revoking any and all Wills and Codicils previously made
by me.
I
I declare that I am married to BERNICE I. PLYLEY, and that I have four (4) children,
LAURA ILENE HUBSCH, SUSAN LYNN KEMP, CHAUNCEY A. PLYLEY, III and
WILLIAM R. PLYLEY.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary estate as
soon as practicable after my decease.
III
I direct that all taxes that may be assessed in consequence of my death, of whatever nature
and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the
expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real. or personal, wherever situate,
including any property over which I may have a power of appointment to my wife, BERNICE I.
PLYLEY provided that she survives me by thirty (30) days.
V
If my wife, shall predecease or fail to survive me by thirty (30) days, I hereby make the
following specific devise or bequest:
A. To my daughter, LAURA ILENE HUBSCH I give the sum of ten thousand
($10,000.00) dollars. In the event that my daughter, Laura Ilene Hubsch shall predecease or fail to
survive me by thirty (30) days then this gift shall lapse.
VI
All the rest, residue and remainder of my Estate, whether real or personal, wherever situate,
including any property over which I may have a power of appointment shall be divided into three
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(3) equal shares with one (1) share passing to each of my three (3) remaining children, SUSAN
LYNN KEMP, CHAUNCEY A. PLYLEY, III and WILLIAM R. PLYLEY, per stirpes, pursuant to
the terms of the hereinafter Trust.
VII
TRUST
If my wife shall fail to survive me by thirty (30) days and I have ~,ny grandchildren who
inherit property under the terms of this Will who are under the age of twenty-one (21) years, I
appoint my daughter, SUSAN LYNN KEMP as Trustee of the property that I have given to my
grandchildren. If SUSAN LYNN KEMP is unable or unwilling to act as Trustee, then I appoint my
son, CHAUNCEY A. PLYLEY, III as Trustee. If CHAUNCEY A. PLYLEY, III is unable or
unwilling to act as Trustee, then I appoint my son, WILLIAM R. PLYLEY as Trustee.
A. The assets that are transferred to the Trust shall be divided into approximately equal
shares for each of my grandchildren who inherits property under the terms of this Will under the age
of twenty-one (21) years of age.
B. The Trust estate shall be administered until each grandchild reaches the age of twenty-
one (21) years. Until that time, the Trustee shall apply all net income and principal of the Trust
estate as follows:
1) So long as my grandchild is under the age of twenty-one (21)
years of age, the net income of the Trust shall be paid to, or
applied for the benefit of my grandchild at such times and in such
amounts as the Trustee shall in his discretion deem necessary for
his support, welfare, maintenance and education. Education shall
be defined broadly to include not only that available in college,
but also trade school and other similar training. In the event that
the income shall be insufficient to provide my grandchild with
adequate maintenance, support, welfare or education, the Trustee
may invade the principal of this Trust for this purpose.
2) The Trustee in exercising his discretionary authority with respect
to the payment of income or principal of the Trust Estate to my
beneficiary, shall take into consideration any income or other
resources available to my grandchild from sources outside of this
Trust that may be known to the Trustee. The determination of the
Trustee with respect to the necessity of making payments out of
income or principal to my beneficiary shall be conclusive on all
persons howsoever interested in the Trust.
3) The Trustee shall accumulate and add to principal any net income
of the Trust not paid out in accordance with the discretion
hereinabove conferred on the Trustee.
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4) In the event my grandchild predeceases me or dies prior to the
termination of this Trust, the interest of my grandchild in the Trust
shall cease, except that, if he is survived by any legitimate
children born of a legal marriage, then the Trustee shall pay net
income of the Trust to or apply the same for the benefits of such
children of my deceased grandchild, in such amount or amounts
as the Trustee in his sole discretion may determine for support,
welfare and maintenance.
C. When my grandchild reaches the age of twenty-one (21) years, a calculation of the
property remaining in the Trust shall be made and the total thereof shall be distributed to him or her.
D. My grandchild, as beneficiary of this Trust, shall not have any right to alienate,
encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor
shall any interest be subject to claims of his creditors or liable to attachment, execution or other
process of law.
E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will, or by law, shall have the following powers over the
Trust estate, subject to any limitation specified elsewhere in this Will:
1) To retain any property received by the Trust estate for as
long as the Trustee considers it advisable.
2) To spend funds for the maintenance and repair of real
property.
3) To sell at public or private sale, exchange or lease for a
period of time, any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the
provisions of this Trust.
5) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneficiary hereunder
showing receipts and disbursements of principal and
income no less frequently than annually. The Trustee shall
serve without bond and shall receive fair and reasonable
compensation for administration of this Trust, not to exceed
five (5%) percent of annual income.
7) To distribute property in kind.
8) To do all other acts that are in his judgment necessary or
desirable for the proper management, investment and
distribution of the Trust estate.
3
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VIII
If any person or beneficiary under this Will objects to or contests the probate of this Will, or
any part thereof, or attempts to revoke or avoid the probate thereof, or attempts to set aside, or takes
any proceeding whatever, with the intended effect of voiding this Will or any part thereof, then and
in that event any devise, bequest or benefit given to or conferred upon such person or beneficiary
shall be and the same is revoked and annulled, and in that event such person or beneficiary shall
receive no part or benefit of my Estate.
IX
I nominate, constitute and appoint my wife, BERNICE I. PLYLEY as Executrix of this
LAST WILL, to serve without bond. If my wife is unable or unwilling to act in that capacity, then I
nominate, constitute and appoint my children, SUSAN LYNN KEMP, CHAUNCEY A. PLYLEY,
III and WILLIAM R. PLYLEY as Co-Executors of this LAST WILL, to serve without bond.
IN WITNESS WHEREOF, I, CHAUNCEY A. PLYLEY, JR., have set my hand to this LAST
WILL this ~~ day of ~ , 2001.
~~ ~ ~~~~
CHAUNCEY LYLEY,
Signed, sealed, published and declared by the above-named CHAUNCEY A. PLYLEY, JR.,
as and for his Last Will and Testament, in the presence of us, who, at his request and in his
presence, and in the presence of each other, have hereunto subscribed our names as witnesses.
4
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
I, CHAUNCEY A. PLYLEY, JR., Testator, 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; that I signed it as my free and voluntary act
for the purposes therein expressed.
CHALJNCE . PLYL ,
Sworn or affirmed to and acknowledged before me by CHAUNCEY A. PLYLEY, JR., Testator,
this Z D-day of ~~~ , 2001.
No Public
Notarial seal
~nnp Carmody, Notary Public
AFFIDAVIT i~iohaniosburo 6oro, Cumberland Country
y Commission Expi~~es Mar.11,2002
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND
We, 1P/' i l~ ~~iGy-'r~S and ~~"~°_ /'y~ • 1~ ~`~~~
~~ '
the witnesses whose names are signed to the attached or foregoing instrument being duly qualified
according to law, do depose and say that we were present and saw Testator sign and execute the
instrument as his LAST WILL; that CHAUNCEY A. PLYLEY, JR. signed willingly and that he
executed it as his free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge,
the Testator was at the time 18 years of age or more, of sound mind and under no constraint or
undue influence.
Sworn or affirmed to and
this Z z- day of /'~~
~~
Not~r'v Public
5 ~ Notarial8eal
Anna Carmody, Notary Public
~ Meah~-~iosbur~ Boro, Cumberland County
My Cor~miseTon Expl-'es Mar. 11, 2002