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HomeMy WebLinkAbout03-05-10_ _ __._. _ PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVA A Estate of MARIA C. YORK File Number 21.10- V 2Z also known as ,Deceased Social Security Number 191-26-3466 KATHLEEN Y. WITTEN Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or'B' BELOW.) QX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXECUTRIX named in the last Will of the Decedent, dated 12118/2009 and codicil(s) dated 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 born 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 app rca a, en er c..a.; ..n.c..a.; n e r e; uren e a sen ra; uren a mrnon a e 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: (!f Administrehon, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete fist of heirs.) Name Relationship Residence o : -.; ~ ` t: '; ~` ; m ~ I (COMPLETE !N ALL CASES.) Attach additional sheets if necessary. ~~-i .: ~ :;~ rT Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal residue at ~ 2060 CLARENDON STREET, CAMP HILL, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then 74 years of age, died on 02/1212010 at Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 289,500.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 150,000.00 situated as follows: 2060 CLARENDON ST., BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PA 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: I Signature Tvped or printed name and resigence I KATHLEEN Y. WITTEN YORK HAVIEN, PA 17370 Form 1'K W-Ol Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page t 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. Sworn to or affirmed and subscribed before me this ~~ day of ,~ 2~~U Fort a Register Signature of Personal Representative rv 0 ® °: t File Number: 21-10-~ ZZ -q --+ . .a ~. ,Deceased ~ Estate of MARIA C. YORK ,~~m ~ rt `~ ~ ~i r'~~7 !"'ti ~ ~L1 L.. .'1 {. -.-' ~~ c..~_ r-r-r <'•> _~~ Social Security Numb er: 191-26-3466 Date of Death; 02/1212010 // AND NOW,(~~A // n M~'L. ~ ~ ~(O , in cons ideration of the foregoing Petition, satisfactory proof having been presented before me, I IS D CREE that Letters Testamentary are hereby granted to KATHLEEN Y. WITTEN in the above estate and that the instrument(s) dated 1 2/1 812 0 0 9 described in the Petition be admitted to probate and filed of record as the last Will (and Codici l(s)) of Decedent. FEES Letters ............................................ $ o~ ~ ~ . Register Short Certificate(s) ........................ $ ZU . ~ Ren ncia tion(s) ............................. $ u ~ Attorney Signature: ff ~ / ~ (/lJ ~ I $ t l ~-6Z' Att rn Name: . o ey R2tlph H. Wright $ 23 , s-~ a ~ $ S a~ Supreme Court I.D. No.: 56113 Johnson, Duffie $ Address: 301 Market Street $ P.O. Box $ Lemoyne, PA 17043 $ Telephone: 717-761-4540 TOTAL .................................... $ Form R W-OZ Rev. 10-13-2006 Copyright (c) 2008 form software only The Lackner Group, Inc. Page 2 of 2 ___... _ __.__ _.._..... _..___._ _____....__. __.l._.~ _. _.. .. .. ~/ / ~rO~G7 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 16256?00 Certification Number This is to certify that the information here given is correct y copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~1~tC~ Local Re -tray Date Issued N Q -~a• (~ t CZ ~" ~'J 's -Z C7 C-.r J f .} ~^~1 0 C.7 C`' ,Y ~ ~ ~ _ _.~ T _ ."' " ~" •- •'7 ~ ''~ HIOSi4~ REV 11f2005 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PEE IR/AANENTN CERTIFICATE OF DEATH &ACK INN ISee Instructions and examples on reverse) Mrluaro `~ a z t, Name of Decedera (First, middle, last, sunix) 2. Sex 3. Socid Seedy Number 4. Df~~+ of Dean (Monet, day, year) - - ~~ r'2b('ucLr./ /off-, ~-OtU 5. Aga (Last anndey) Urger 1 Under t da 6. Dale of Binh Monet, da , 7. BiM lace Ci erd stele or lore' roam Ba. Place d Dean Check one Months Oeys Hours Mawtea Hospital: OIMI: if id S ^ R ^ Om ^ ^ ^ ence er - pec y: Nurskg Rome es yrg Inpatient ER / Outpatient DOA W. Camty d Deam &. Ciry, Boro, Twp. of Death Btl. Fadlny Name (II not Insdutbn, gWe street end number) 9. Was Ikwdem d Hispanic Origin? ~ ^ yes 10. Race: Amerkan Indian, Black, WMte, etc. (H yes, spedly CuDen, (5peciy) Dauphin Harrisburg Comm. Gen. Osteo. Hosp. Mexken,PUerlofiicen,ek.) White Decedent's Usual Occ lion Kintl of work done dni most d wor ' Ina. Do rat state retired 1 t 12. Was Decedent ever in me 73. DecetlenCs EtlucaDon (Spetly Doty hiphast gretle Wmpleted) 14. Marital Status: Marred, NeUer Monied, 15. Surviving Spouse (If wile, give maiden name) . Kind of Wok ~ Kintl d Business/ IMusUy U.S. Amred Forces? Elementary !Secondary (0.12) College (1-0 or 5+) Wd"~' Dnrorced ISM) Contract S ec. Fed. Gov't ^Yes No 16. Decedent's Maikng Address (Sheet, city I town, state, zip cotle) Decedenrs p enna . Drd Dapedad ~ I^ a Tw D d Li d i ^Y 2060 Clarendon St. p. ece ent ve n 17c. es, Aduel Residence 17a. State Dauphin T0Y'"gy"p? nn ^NO. Decwdent Wved witMn Cam Hill p nD. count' Adual LNnilsd cityl Boro 18. fathefs Name (First middle, last, sunix) 79. Momer's Name (First, middle, maiden surname) Edward Holleran 20a. Inlormam's Name (Type! Print) 20b. Informant's Mailing Address (Saeel coy /town, stale, zip code) Kathleen Y. .Witten 460 Miller Rd., York Haven, Pa. 17370 21a. Mellrod of Dispositbrt ^ Cremation ^ Donation 21 b. Date d D¢paslkon (Month, day, year) 21 c. Place d Dispositbn (Name of cemetery, crematory a other place) 210. Location (City/town, state, zip cads) Banal ^ Removal Irom SUte r Was Cremation or Donaton Aulhorlxd a ^ ter- ~byMadmalExaminadceronert ^Yes^Na 2/18/10 St. Mar 's Catholi-c CeTneter idd e ~ 22a Sgna at Funeral Senice Lkensee (or person aairg as such) 22b. license Number 22c. Name and Atldress d Facility Canplete Hems 23ac any wMn cenitying To t of my krawletlge, death occurred at the time, tlale antl place stated. (Signature and title) 23D. Lkx+me IVUmber 23c. Date Signetl (Monet, day, year) physician i9 rid available et lime of deem IO ' canny cause of death. Items 24-26 must De campleletl by person 24. Time of Death 25. Date Pralounced Dead (MOmh, tlay, year) 26. Was Ces.t Referred to Medical Fxarnircer /Coroner la a Reason Other Irian Cremation or Donation? who pronounws tleam. ~. ~ ~ 5 M M. ~e b f i-l Q (" / ~- , a. r~ / O ^ Vas ^ Na CAUSE OF DEATR (See Instructlona and examples) r Approximate inlenal: Pan II: Enter other;v~ licant contl'Dons cantributim b deem 28. Dq Tdsrxw Use ConUibde to Death? Item 27. Pan L Enter the chain of events -diseases, injuries, a cornplicalions -That tlirecty causetl the death. W NOT enter terminal events such as wrdac arrest, Onset to Deafh but not resuamg in the underlying cause gNen in Pan I. ^Yes ^ Prababy respiratory arrest, a ventricular fibrillation without snowing the etiobgy. List Doty one cause on each line. ^ No ^ Unkrawn IMMEDUTE CAUSE IFinal tlisease or corMition resulag in deem) a S it s ('w~/'r\ ~~ Y ~ 17`/~e -~ ~ 29. II Female: ^ Nd nant wnnin past ear re D to (a a a consequerze oll: y p g ^ Pregnant at rime d deem Gsl condiDOm, it anY, b D,/L 1~t ~ c ~ •-~ «~ r ~ ^ ro cause Gsled an lure a. Nd pregnant, but pregnam wimm /2 days to or as a con rKa of : EnDERLYING CAUSE ( ~ ) ~ of deem (daease a injury mat sanatetl me c 143 d t t ^ N b t events resultlng in death) LAST. ' Due to (or as a consequence ol): ays year d pregnant u pregnan o before deem d ^ Ur*rrown n pregrrem within the past year . 30a. Was an Autopsy 3Db. Were Autopsy Findings 31. Manner of Death 32a. Date of Injury (Monet, day, year) 32D. Describe How Injury Occurred 32c. Place of Injury: Home, Farm, Street, Faaory, Orrice Buildng, Nc. /SpecityJ Padormed? Available Prwr to Canplelbn of Cause of Dealn? rr--yy L9sNataal ^ Hanidtle ~,/ ^ Accident ^ PerWing Invastgation 32tl, Time d Injury 32e. Injury at WoM? 321. II Transponalron Irryury (Sperry) 32g. Location of injury (SUeeL city /town, slate) ^ Yes ® No ^ Yes 1~ No ^ V ^ N rger ^ Petlastiian ^ Diwerl0peretor ^ Passe ^ Suicide ^ Ccultl Not be Detenninetl M. es o ^ Omer - SPaCity' 33a. Cenifrer (check Doty one) 33b. Signature antl TNe of Certifier , /'7 • Cenltying physician (Physkan cerliying cause of death wnan anomer physican Has pronounced tleam aM completed Item 23) _ _ _ _ ^ ________________________ death occurred due to the cease(s) and manner es staled To the bast d my knowledge . /~ / ~ , _ _ _ _ _ u ~~ Uce^sa ^~ 33tl. Gate Sirywtl (Mmm. day, year) • Pronouncing and uniying physlcMn (Physidan taeh pronounmg death and wnitying to cause of deem) ~ To the beat d my knowktlga, death occurred al the time, date, and place, and due to tlw ceuso(a) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ i /Coroner • aMtlk t E O ~ 0 / / U Z / j L Zo ~ U zam ner v On the bests d examinatbn and! or Investlgatlon, In my opinion, death occurred et the time, date, antl place, and due to the nuae(s) and manner es stated_ ^ 34. Nerve and Atltlress of Person Woo Cortpletetl Cause of peam (Hem 27) Typo /Print ~ 2 ~ ) ~ ~ D Regist s gnalure Dls ' • I ~ ~ ~I \ I ~ ( ' " 3ti. Date Flletl (MOmh, day, year) 1 . J. o s o s~.~ 2ar~.~ / , 2 S ( ~ I O er t )„ . V Y ~ ~ ~ 1 I ^ ~~\ ~~ U ~" Disposition Permit No. V ~\ ~(n ~i ~ l~z.,r~-, ,5 ~-j „/~ ~t~}- / 7 ~ p5' r r~.y cra i , ; Last Will and Testament `~ ° ~ ` `T . r-~ ."L-7 ~-..r ~.--~ ~ ~ -1 .. ...~ l%.. F...~ --, r ~ ' - ' rn , c,n ( 1 1 F~/ _~ ~ ~-~~ OF MARIA C. YORK , ~"r' z `~" . __ .~ I, MARIA C. YORK, of the Borough of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II FUNERAL ARRANGEMENTS /GRAVE MARKER I direct that Matinchek and Daughter Funeral Home and Cremation Services, Inc., of Middletown, Pennsylvania, be given charge of my funeral arrangements. I directthat my place of burial be in my cemetery lot in St. Mary's Cemetery in Middletown, Pennsylvania., beside the grave of my son, Patrick Andrew York, and that the date of my death be inscribed on my grave marker. It is my wish that there not be a funeral mass held, but that a priest attend a graveside ceremony. ARTICLE III TANGIBLE PERSONAL PROPERTY I give and bequeath my tangible personal property, including my motor vehicle(s), 1 T household and personal effects and other tangible personalty of like nature (not including cash and securities), together with any existing insurance thereon, unto my granddaughter, ELIZABETH WITTEN, and my granddaughter, SOPHIA YORK, to be divided among them by my Executor with due regard for their personal preferences in as nearly equal shares as practical. It is my wish, but I do nor require, that my son, THOMAS A. YORK, and my daughter, KATHLEEN Y. WITTEN, each be given any items from among my tangible personal property which may be of sentimental value to them. I direct that under no circumstances shall my ex-husband Stanley A. York, be given access to my residence at 2060 Clarendon Street, Camp Hill, Pennsylvania, or receive any item of my tangible personal property. ARTICLE IV REST, RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue and remainder of my Estate, of whatever nature and wherever situate, in equal shares to such of my grandchildren as shall survive me. ARTICLE V TRUST FOR THE BENEFIT OF BENEFICIARY UNDER THE AGE OF TWENTY THREE (23) With respect to any properly which shall pass either under this Will or otherwise to a beneficiary who has not achieved the age of twenty three (23) years of age, I give, devise and bequeath the share of such beneficiary unto my TRUSTEES hereafter named, IN SEPARATE TRUST, to hold, manage, invest and reinvest the share(s) so received and the accumulation of income thereon, and to use and apply the income and principal, or so much thereof as, in Trustees' discretion, may be necessary or appropriate for such beneficiary's support and education (including college education, both graduate and undergraduate, and vocational training beyond high school) after considering all resources reasonably available to him or her 2 (including but not limited to the beneficiary's pazents), or to make payments for these purposes without further responsibility to such beneficiary or to any person taking care of such beneficiary. Trustees shall distribute the balance of principal and any net undistributed income thereon unto such beneficiary when such beneficiary shall have reached. the age of twenty three (23) yeazs. In the event that any beneficiary dies before receiving his or her final distribution hereunder, the Trust as to that beneficiary shall terminate and the balance of principal and any net undistributed income shall be paid over to such beneficiary's Personal Representative. ARTICLE VI SPENDTHRIFT PROVISION I direct that the interest of the beneficiaries shall not be subject to anticipation or to voluntary or to involuntary alienation. ARTICLE VII POWER TO TERMINATE SMALL TRUSTS If at any time during the continuance of any Trust created hereunder, the Trustees in their sole and absolute discretion determine that the size of any individual Trust has become so small as to be impractical to continue to hold in Trust and uneconomical to continue to administer as a Trust, then in such circumstances, the Trustees may without further authorization, distribute the balance of the principal and income in such Trust to the beneficiary then entitled to the income therefrom, and upon such distribution, the Trstccs shall be released from. any fulrther obligation with respect to that Trust and shall not be subject to any claim from any person who may have had a future interest of such Trust had it been continued in Trust. 3 ARTICLE VII POWERS OF PERSONAL REPRESENTATIVE AND TRUSTEES My Personal Representative and Trustees shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. B. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. C. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. D. To sell at public or private sale, to exchange, or to lease far any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. E. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. F. To compromise any claim or controversy. G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation skipping or other !tax refunds and the payment of such taxes as my Personal Representative and/or Trustee shall deem appropriate, without obligation to adjust the distributive share of any person thereby affected. 4 H. To combine, without prior court approval, any Trust contained in my Will with any other Trust with substantially similar provisions, although such Trust may have been created by separate instrument. ARTICLE IX TRUSTEES I name, constitute and appoint ORRSTOWN BANK, and my daughter, KATHLEEN Y. WITTEN, Co-Trustees of any Trust created under my Will, and should my daughter, KATHLEEN Y. WITTEN, fail to qualify or cease to so act, I name canstitute and appoint my friend, ROSEANN M. VUKMANIC, of Bressler, Pennsylvania, an individual successor Co- Trustee . I further direct that my individual Co-Trustee(s) shall have the power, exercisable not more than once every five (5) years, to require that the corporate Co-Trustee resign and to appoint a successor corporate Co-Trustee. I direct that no Trustee appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. ARTICLE X PERSONAL REPRESENTATIVE I name, constitute and appoint my daughter, KATHLEEN Y. WITTEN, Executrix of this my Last Will and Testament. Should my daughter, KATHLEEN Y. WITTEN, fail to qualify or cease to so act, I name constitute and appoint my friend, ROSEANN M. VUKMANIC, of Bressler, Pennsylvania, alternate Executrix to complete the administration of my estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. 5 ARTICLE XI TAXES I direct that all taxes that may be assessed in consequence of my death, of whatever nature or by whatever jurisdiction imposed, shall be paid out of my residuary estate as a part of the expense of the administration of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this 1 grrday of « r©~,~ 2009. ' (SEAL) MARI C. YORK Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. :250966 6 AFFIDAVIT AND ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, MA/RIA C. YORK, and Gl.~~kLrty ~ /~~~-~•~,•ry~n ,the Testatrix and the witnesses, respectively, whose names are 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 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 witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. 'e C. YORK Witness Wi e s ' Subscribed, sworn to and acknowledged before me by MARIA C. YORK, Testatrix, and subscribed and s orn to before me by ~/jfri and CL ~ ~ ,witnesses, this ~ day of , 2009. Mobs h+MiC ~QMn., i:111AM~tNq Mp C~NNon ~~ Mar 1~. ~1~ 7