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HomeMy WebLinkAbout03-16-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of MARGARET K DEARDORFF File Number 21 10 L~ ~ 5"/ also known as Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) Deceased Social Security Number 135-38-7682 ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the SUCCESSOR EXECUTOR named in the last Will of the Decedent dated 4/14/82 and codicil(s) dated none Kenneth E. Deazdorff, Executor named in Item Seven of said Will predeceased on 12/27/08. Decedent's children aze Daniel K. Deazdort~' and Linda Deardorff Mover. Linda Deazdorff Moyer renounces her right to serve. See Renunciation filed herewith. -- Continued on a eparate Page (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 (If applicable, 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 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.) Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at 1000 West South Street Cazlisle PA 17013 Cazlisle Borouelt (List street address, town/city, township, county, state, zip code) Decedent, then 90 years of age, died on 3/1/10 at Sarah A. Todd Memorial Home 1000 West South Street Carlisle PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 1.500.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 0.00 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: Signature Typed or printed name and residence ~ DANIEL K. DEARDORFF 717-243-3341 1206 SHERWOOD DRIVE CARLISLE PA 17013 Page 1 of 2 Form RW-Ol rev. 10.13.06 (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ .._ ` ~' `--~ 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 aze 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 ~(~.rCl~l ,~ Ola For egister ~~ ~-. ~' Signature of Persona! Representative Signature of Personal Representative Signature of Personal Representative j ~ ~,~ ~ rn- -~~rn °Gn~,, -,. File Number: ~ ~ a Estate of MARGARET K DEARDORFF ,Deceased ev c~ 0 .,~~`; 7 7a- ' , ~ ~ Ql _: __. ,_ -' ~ ~~ Social Security Number: 135-38-7682 Date of Death: 3/1/10 AND NOW, ~ ~ , 2010 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to DANIEL K. DEARDORFF EXECUTOR in the above estate and that the instrument(s) dated 04/14/1982 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES D Letters ............................. $ Short Certificate(s) •••••••••••• $ - Renunciation(s) •••••••••••••••• $ J~'~~(7 Wi ~ .... $ _I S, D~ .... $ .... $ .... $ .... $ .... $ .... $ .... $ .... $ TOTAL ............................. $ Attorney Signature: ~~~~ Attorney Name: No V. Otto III Supreme Court I.D. No.: 27763 Address: 10 East Hieh Street Carlisle PA 17013 Telephone: 717-243-3341 Form RW-02 rev. 10.13.06 Page 2 of 2 ~ s ~~ , ~ ~~-l~-nasq 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 16354589 Certification Number x1051/3 HEV 11/1000 TYPE / PRINT M a~uwc 9I ~! ~i ~~ by This is to certify that the information here given correctly copied from an original Certificate of Dear duly filed with me as Local Registrar. The origin- certificate will be forwarded to the State Vit Records Office for permanent filing. ~ ~c.K~en ~Dex~c" MA~t ~/21~1~ ___ Local Registrar Date Issued ~ n,> c~ ~., :~ "~:~ ~ ~ ~ w ` a ~~ ' ,... COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Inetructione end examples on roveree) QT.TF FII F r ueRFR 1. Nema a Dr.«r (Fir. middM, met edlb) 1!'emale a Soe:I seanny Na1ea ~. Dw a orn lreah. ery.~10 Margaret R. Deardorff 135 _ 38_ 7682 March 1, 0. Ape ryaN ~Y) IMiaer 1 llrltla 1 & Dale a Beal 7, ena emm a ee. Pmr d Deelh r 90 "'°"' °ip """ """" May 22, 1919 New Tripoli PA ®~ ~ ^~~ ^~ ~r ^~/alpr.e ^~ Y« m. Cann' d DeWi r. COy, Bao, TwP. d Oaah Bd FeoWy Nane ~ not inetletlae Oire trot rb camber) 9. Wr Oerdae d MWb Oilyn? [~ No ^ Yr 10. Rr: MrM bdmn, B4dt Whb, et Cumberland Carlisle Sarah Todd Memorial Home y P'P"e'',,,,,, ~;, ~~ White 11. De«tlerta lMml dwane ab aoa a a. Do m er 12 wr Denaed ewr b w 13. Daneare EQe:atla (3PrnY ~9' ~~ P+~ ~M ~N 11. rrnr Slrr: rrm4 Herr ONrma~ 15. SaNeY9 BPa r (b rle, pr nleNr reel for awax amaarrr/ms.br u.s wawa Far? ErY / ' ~o-121 Gdlepe I a ~.~ ~+ wiaoweQ Dh«ra (3pwy/ Widowed Homemaker Own Home ^rr p,b td I eMY/,p~m, errs, dD ~) j ()(J,U N . JOtlth JL . , Deoearel Db Dereae Mind Peddaxa 17a.3mm PA ur b. 17[. ^ Yr~ D«aArf Lird'n Twp. Carlisle PA 17013 Cumberland T°"rNp7 na. ® lheawWtb Carlisle °i ° ~/~ 1n ~, w wd knr l ,e. F~aiiie~' ~' ~erstet ter ,3. MoOwI. 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(~'~3.335Yo C7 C © ra _. c~ , , , -:~- :. - RENUNCIATION ~~ ~ ~--- r„ ~ ~ _} REGISTER OF WILLS '~ ~ ~ ~ ~ ' -~~ CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ w P-- , Estate of MARGARET K. DEARDORFF ,Deceased I~ LINDA DEARDORFF MOYER , in my capacity/relationship as (Print Name) CHILD/SUCCESSOR EXECUTOR of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to DANIEL K. DEARDORFF ~/~~~« (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Form RW-06 rev. 10.13.06 i• ign re) 4640 Churchview Road (Street Address) Zionsville PA 18092 (City, State, Zip) Executed out of Register's Office Before the urdersi~ed personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this ~ ~ `n` day Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Corrine L. Myers, Notary Public Carlisle Borough, Cumberland County My commission expires May 27, 2011 LAST WILL AND TESTAMENT I, MARGARET K. DEARDORFF, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do her~~make,~ublish-~ -~ , „ °; - ~ ~~: and declare this to be my Last Will and Testament, hereby revoking ~_.y-~.~ all.~Orme~ ,~1 Wills or Codicils by me made. '<`~;~ ~, ,= ITEM ONE < _~~ '~' =`-i w ~ ,« I direct that all my just debts, funeral expenses, testamentary expenses'~nd al~ -~ inheritance taxes shall be paid from my residuary estate as soon as practicable afte~,=.: my decease and as part of the administration of my estate. ITEM TWO If my husband, KENNETH E. DEARDORFF, is living thirty (30) days after my death, then I give, devise and bequeath all of my estate, both real and personal property, unto my said husband, KENNETH E. DEARDORFF, absolutely. If my said husband does not so survive me, then I give, devise and bequeath all of my estate, both real and personal property, unto my children, in equal shares. In the event my husband and one or both of my children do not survive me, then I give, devise and bequeath all my estate, both real and personal property, unto my Trustee under the provisions set forth in the Disclaimer Trust herein. Notwithstanding the above, I have attached hereto a list of certain personal effects of mine including jewelry which I desire to go to the persons named therein upon my death. I have signed and dated this list. TTRM T~TRFF In the event my said husband shall disclaim all or any portion of any devise or LAW OFFICES NILLIAM F. MARTSON. P. C. bequest made to him under the foregoing ITEM TWO, then the amount otherwise payable shall be held by my Trustee as the Disclaimer Trust under ITEM FOUR hereof. Page -1- TTR11rt 'G~1TTR DISCLAIMER TRUST My Trustee shall hold the assets of the said Disclaimer Trust for the following purposes: (a) To pay the net income, at least quarter-annually, to my husband, KENNETH E. DEARDORFF, for life. In addition, the Trustee, in his sole discretion, may invade the principal of the Disclaimer Trust to provide for the proper and adequate support of my husband, KENNETH E. DEARDORFF. (b) The Trustee shall pay to my husband, KENNETH E. DEARDORFF, annually, such sum from the principal of the Disclaimer Trust as he may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.0) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the Disclaimer trust. (c) Upon the death of my husband, KENNETH E. DEARDORFF, my Trustee shall distribute the principal of the Disclaimer Trust to my children, absolutely, in equal shares. PROVIDED, HOWEVER, In the event of the death of any of my children before LAW OFFICES WILLIAM F. MARTSON, P. C final distribution of that child's share of the Disclaimer Trust, the Trustee shall hold said deceased child's share in trust for the benefit of said deceased child's issue and shall distribute equally to the issue of said deceased child in a per stirpes manner that child's share of the principal of the Disclaimer Trust in the following amounts when the issue shall reach the following ages: One-third (1/3) of the principal of the trust when the youngest issue reaches the age of twenty-one (21) years; one-half (1/2) of the remaining principal of the trust when the youngest issue reaches the age of twenty- five (25) years; the remainder of the principal of the trust when the youngest issue Page -2- reaches the age of thirty (30) years. However, in no event shall the principal of this trust vest later than twenty-one (21) years after the death of the survivor of my spouse and my children. Prior to the vesting of said principal, the Trustee is directed to distribute the income of said trust equally to said issue and to distribute so much of the principal therefrom as the Trustee shall from time to time consider desirable for each issuers comfort, education, and support. In the event of the death of any of Settlorrs aforementioned children not leaving issue before final distribution of the principal of the Disclaimer Trust, the Trustee shall add such child's share, or the balance thereof, equally to the other shares provided above, to be held or distributed as if originally a part thereof. ITEM FIVE POWERS OF EXECUTRIX AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executor and Trustee and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: (a) To retain any property of any nature received by them for whatever period they shall deem advisable; (b) To invest and reinvest all or any part of said property in such stocks, bonds, LAW OFFICES WILLIAM F. MARTS ON. P. C securities or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; (c) To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term Page -3- LAW OFFICES ' WILLIAM F. IVIARTSON, P. C. exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; (d) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; (e) To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; (f) To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; (g) To pay from the Disclaimer Trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; (h) To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in its absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; (i) To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; (j) To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; Page -4- (k) To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; (1) To compromise claims; (m) To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; (n) To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SIX PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. If any beneficiary of either trust shall, in the sole opinion of my Trustee, be or become mentally or physically incapacitated, by reason of illness, accident, minority or otherwise, my Trustee may apply either income or principal for the support and welfare of such beneficiary directly or to the person who has the care and control of such beneficiary, without the intervention of any guardian and without obligation to supervise application of said amounts in any way. LAW OFFICES WILLIAM F. MARTSON, P. C. Page -5- TTF.M SF.VF.N APPOINTMENT OF EXECUTRIX AND TRUSTEE I nominate, constitute and appoint my husband, KENNETH E. DEARDORFF, as Executor of my estate. In the -event that my said husband shall predecease me or fail to act as Executor, then I appoint my children as Executors of my estate. I hereby appoint my son, DANIEL K. DEARDORFF, as Trustee of any trust created hereunder. In the event that he shall fail or be unwilling to continue to act as Trustee, then I appoint my daughter, LINDA DEARDORFF MOYER, as Trustee of any trust created hereunder. TTF.M F.i(";HT WAIVER OF BOND I direct that neither my Executor nor my Trustee shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this 6 ~~` day of ~~'''~r~ , 1982. Y ,o (SEAL) Margar K. Deardorff LAW OFFICES ' WILLIAM F. MARTSON, P. C. 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, have hereunto subscribed our names as witnesses thereto, in the presence of said Testatrix and of each other. `~b Page -6- COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) LAW OFFICES ' WILLIAM F. MARTSON, P. C. I, Margaret K. Deardorff, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. .~ Sworn or affirmed to and acknowledged before me by Margaret K. Deardor f, the Testatrix, this ~ ~F~"~ day of HP~L 1982. Notary Public WILLIAM L. EARP, Nio~tary Public Carlisle, Cumberland Co., PA COMMONWEALTH OF PENNSYLVANIA ) My Commission Expires Aug. 13, 1984 SS. COUNTY OF CUMBERLAND ) We, zVo 1l, QTTo ! ~ ~ THv M f~1S ~. ~[ ~-~-I AMS 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 the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and that the Testatrix executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~, Address i e~ r .r-~ k~~ L, ~ o ~-~-~ Sworn or affirmed to and subscribed before me this (~~ day of ~iQRIL 1982. ~, ~~, Notary Public WILLIAM L. F..ARP, Notary Public Carlisle, Cumberland Co., PA My Commission Expires Aug. 13, 1984 Page -7-