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HomeMy WebLinkAbout04-26-10 (2)D ® o o A 8 8 8 GIBBEL KRAYBILL & HESS LLP Jennifer L. Marcus, Paralegal 8 8 8 8 Attorneys At Law 717.291.1700 717.509.0740 -fax 1 _ 1 v _ ~ ~ ~' jmarcus@gkh.com 41 East Orange Street • Lancaster, Pennsylvania 17602.0ffice 717.291.1700 • Fax 717.509.0740 • www.gkh.com MEMO TO: Register of Wills FROM: Jennifer L. Marcus DATE: Apri121, 2010 RE: Edna L. Kreider Estate Please find the following attached for probate of the Edna L. Kreider Estate: • An original death certificate; • ~ The original Will• n ~ o r,, 'r7 `' ~ • A copy of the Will; ~-~ • Petition for Grant of Letters• ~ ~~~ :~ ~ ~`'' • Estate Information sheet; °;'-"- r1•~ ;,~ Q'' = ~ ~ ~~ -? • Renunciation• and `~' ~ ' ~ ? -c+ '` . :- • Entry of Appearance. '-~~ ~_ ~'~~ ~ ~ ~~ W Please prepare the following documents: i ca w • Letters Testamentary; and • Four short certificates. When the documents have been prepared, they should be mailed directly to our Lancaster office, 41 East Orange Street, Lancaster, PA 17602, Attn: Jennifer L. Marcus. Thank you. Please call if you have any questions. Enclosures Gibbel Kraybill & Hess LLP Lancaster Lititz Elizabethtown Court of Common Pleas of Cumberland County Orphans' Court Division COMMONWEALTH OF PENNSYLVANIA In the Estate of Edna L. Kreider, Deceased No. ~~- !D- Del ~ l Late of Upper Allen Township ENTRY OF APPEARANCE To the Clerk of the Orphans' Court Division: Enter the appearance of Andrew L. Saylor, Esquire, of Gibbel Kraybill & Hess LLP, 41 East Orange Street, Lancaster, Pennsylvania 17602 (717) 291-1700, as Attorney for the Estate of Edna L. Kreider. Dated: ~ Z ?~( o Attorney, ID# 57291 -Andrew L. Saylor Filed: Attest: Assistant Clerk O.C.D. ~ ~p ~ a __ F ~ t' ~. ~ ~ ~~ 'rte. +C. -. , ~ ~ ~3 , ~i i '., ~ ~ ~. .., ° `.., l _. .C...I 1 }Y t. J ~..~ `~ ~ ~ ..i -~ -7„t ~j, .. .. ~`-Y-Y r W ~l7 ~i PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of EDNA L. KREIDER File Number ~- ~(~ - [)~ 4 also known as n/a Late of Upper Allen Township ,Deceased Social Security Number 206-32-1455 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executor/trix named in the Last Will of the Decedent dated November 26, 2001 and codicil(s) dated Named primary executor. Henry L. Kreider died November 20, 2006. Named alternate co-executor Deborah K Groening has renounced State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not many, 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: None. ^ 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 hell's: (If Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and comolete list of heirs_1 Name Relationship Residence ,~ ~ , ., a ° ~' ' _ ~~ ~:~~ C `~ ~ ~ ~3 -- r.. , - r .,y «...f. ry _ ' ~...~ ...~ ~ -y ~..~~~ 1 I ~ ~ -.J ~ ...,.~ .. ~' `a (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ?' W Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last principal residence at: 235 Messiah Circle, Mechanicsburg, PA 17055 (Upper Allen Township) (List street address, town/city, township, county, state, zip code) Decedent, then 74 years of age, died on April 8, 2010, at Hershey Medical Center, Hershey, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ............................ $ 209,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ 0.00 (If not domiciled in PA) Personal property in County .................................... $ 0.00 Value of real estate in Pennsylvania .............................................................................. $ 148.000.00 TOTAL ............................................................................................................ $ 357.000 00 Real estate situated as follows: 531 Snyder Avenue. Elizabethtown, PA 17022 (Elizabethtown Borough) 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 _- ~,~,~, David L. Kreider, 540 Mulberry Street, Elizabethtown, PA 17022 Form RW-02 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 o~CO~ day of ~ 2010 ~ ~ ~ ~ ` -~ ..y` ~.~.X Signature of Personal Representative -David L. Kreider For the Register 1 File Number: 02~- iv - ~ ~y s Estate of Edna L. Kreider, Deceased, a/k/a n/a Social Security Number: 206-32-1455 Date of Death: April 8, 2010 AND NOW, ~ ~~. o?? ~-o~o _, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to David L. Kreider in the above estate and that the instrument(s) dated November 26 2001 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............:..................................... Short.Certificate(s) ............................... Renunciation(s) .................................... Extra Pages ( ) ......................... Automation Fee .................................... .T.R ...................................................... JCS/ATJ Fee ........................................ Inventory .................................... TOTAL .................................... ~ ~~100 =4~ ~. • ~~ Register of Wills ~,r' ~ 5,00 ~ Attorney Signature ~-' ~ ~ ~ C~ Attorney Name: Andrew L. Saylor ~ Supreme Court I.D. No.: 57291 ~ ~-~ • 5 d Address: Gibbet Kraybill & Hess LLP ~ 41 East Oranqe Street Lancaster, PA 17602 ~ Telephone: 717 - 291 - 1700 Filed: ~ ~z~ - ~ Page 2 of 2 Form RW-02 rev. 10.13.06 Renunciation Register of Wills Cumberland County, Pennsylvania Estate of Edna L. Kreider, Deceased I, Deborah K. Groening, my capacity/relationship as named Co-Executor and daughter of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to David L. Kreider. ~ -~ l / S ~-o r ~ (Date) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified That she executed the renunciation for The purposes stated within on this 15th day of April, 2010 Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified t o administer oaths. Show date of expiration of Notary's Commission.) CQIIAMONV'rlEALTH OF PENNSYLVANIA Notarial Seal Andrew L Saylor, Notary Publ'~c City Of Latx~ster, Lancaster Cotnriy My Commission Expires July 30, 2010 r~ f Y"? " (Signature -Deborah K. Groening) P.O. Box 116 -Site 115 Brandon, Manitoba Canada R7ASY1 ~ 4 cQ . -~, ~ , ~ ~ ~ ~ < ` : ~ a ~ -~~ :_ -v ~;~ ~ .: vA~/ i.. ~ ~,7 ~/' W =~ Member, Pennsylvania Association of Notaries Form RW-06 rev.10.13.06 Prepared~by, Gibbel, Kraybill & Hess, Attorneys 41 E. Orange St., Lancaster, PA ' 17,602 '717-291-1700 Original is deposited at: ~ SD box keys: November 5, 2001 WILL I, EDNA L. KREIDER, of Lancaster County, Pennsylvania, revoke any prior wills and declare this to be my will: I. Personal and Household Effects: I give all my clothing, furniture, motor vehicles and other articles of personal or household use, including insurance on that property: A. To my husband, HENRY L. KREIDER, if he survives me by thirty (30) days. If my spouse does not so survive me, I give all such property B. In accordance with any memorandum which I date and sign at the end (and which I intend to place with my signed will). Such gifts shall be given, however, only to persons who survive me or to organizations that exist at my death. If there is more than one memorandum, with conflicting provisions, the latest memorandum shall govern. To the extent the property is not effectively given, I give the balance C. To my children who survive me to be divided among them as they may agree; provided that articles which are not so divided may be sold and the proceeds thereof added to my residuary estate. II. Kreider Family Farm: If my spouse does not survive me, and I have no surviving descendants, I give my interest in the Kreider Family Farm in Mount Joy Township, Lancaster County, Pennsylvania, to those who then own the farm, in proportion to their ownership interests. III. Residuary Estate: I give the residue of my estate, real and personal: A. To my husband, HENRY L. KREIDER, if he survives me by thirty (30) days; or, if my spouse does not so survive me, B. As follows: 1. I give to the BRETHREN IN CHRIST FOUNDATION, Grantham, PA, an amount calculated as follows: one-half of this residue, plus one-half of the c~ balance of any retirement accounts and farmland easement payments t ~~- ~~ {,~ ~ ~' .. ~ ,.-.-~'- assin to a benefici p g ary other than my estate upon my death. If the ~:~=' -=~---{ t c`' ~~ r; Foundation is the recipient of any such retirement account or farmland ~' ~ ~4.. c~.. ~?-_~~~J ~?c~~~ -., easement payments, this gift under my will shall be reduced by the amount f ~ - ~' `r `~' ` ~~ of the date-of--death balance of the retirement account or farmland -` ~ `~ `-'~ `' ~~" easement payments passing to the Foundation. " , r ; ~ ®~~~- ~- _ ~~ L ~~ __,L.~L_1 2. I give the balance in equal shares to my children, DAVID L. KREIDER and DEBORAH K. GROENING, who survive me. If a child of mine is not then surviving, but has surviving descendants, I give my child's share to those descendants, per stirpes. I hope but do not require that my executor include my interest in the Kreider Family Farm as part of my children's shares. If I have no surviving descendants, this gift shall be added to the gift to the BRETHREN IN CHRIST FOUNDATION described above. IV. Beneficiaries Under Twenty-One (21) or Disabled: If any beneficiary becomes entitled to an outright distribution of income or principal and is (i) under the age of twenty-one (21) or (ii) in my executor's or trustee's opinion, disabled by illness or other cause and unable to properly manage the funds, I give the share of that beneficiary to my trustee, IN TRUST, and thereafter: A. As much of such income or principal as my trustee may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefit; and B. The balance of such income and principal-and the net income from those funds-shall be kept invested and managed as a separate trust for that beneficiary, with the trust funds paid to or for the beneficiary in accordance with the provisions of the preceding paragraph. When the beneficiary reaches the age of twenty-one (21) or, in my trustee's opinion, becomes free of disability, as the case may be, the balance shall be paid to the beneficiary. If he or she dies before that time, the balance shall be paid to his or her estate. C. In the alternative, in the discretion of my executor or trustee, any property that is being or would be held by my trustee under this article for a beneficiary under age twenty-one may be deposited in the name of the trustee or the guardian of the estate of the beneficiary, to be held free of this trust under the Uniform Transfers and Gifts to Minors Act of any state. Any funds to be applied under this article either shall be applied directly by my trustee or shall be paid to a parent or guardian of the beneficiary or to any person or organization taking care of the beneficiary. My trustee shall have no further responsibility for any funds so paid or applied. V. Protective Provision: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. VI. Death Taxes: All federal, state, and other death taxes payable on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the z ~ principal of my residuary estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. VII. Management Provisions: I authorize my executor and trustee: A. To retain and to invest in all forms of real and personal property; B. To compromise claims and to abandon any property which, in my executor's or my trustee's opinion, is of little or no value; C. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property, and to give options for sales or leases D. To disclaim any part or all of any property, power, or interest passing to me or for my benefit under any will, trust, or otherwise; and E. To distribute in kind and to allocate specific assets among the beneficiaries (including any trust hereunder) in such proportions as my executor or my trustee may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. F. These authorities shall extend to all property at any time held by my executor or my trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities, and discretion granted by this will shall be in addition to those granted by law and shall be exercisable without leave of court. No trustee or executor shall be required to give bond. VIII. Trustee: I appoint my son, DAVID L. KREIDER, and my daughter, DEBORAH K. GROENING, co-trustees of any trust created herein. IX. Executor: I appoint my husband, HENRY L. KREIDER, executor of this will, but if he fails to qualify or ceases to act, I appoint my son, DAVID L. KREIDER, and my daughter, DEBORAH K. GROENING, co-executors in his place. If they both also fail to qualify or cease to act, I appoint my husband's brother-in-law ROY PETERMAN executor in their place. Executed Q e ~ d~_ ~ ~ (SEAL) (Edna L. Kreider) In our presence the above-named testatrix signed this and declared it to be her will, and now ;quest, in r p se ce, and in the presence of each othe we sign as witnesses: ~~ 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: I, Edna L. Kreider, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my will, and that I signed it as my free and voluntary act for the purposes therein expressed. Testatrix We, having been duly qualified according to law, depose and say that we were present and saw Edna L. Kreider sign the foregoing instrument as her will; that she signed it willingly and as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the will as witnesses; and that to the best of our knowledge she was at the time eighteen years of age or older, of sound mind and under no constrain or undue influence. ~. Witness ~4 Witness Subscribed, affirmed to and acknowledged before me by the above-named testatrix, and by the witnesses whose names appear above, on the date of the will. An rew L. Saylor, Esquire Sup. Ct. ID No. 57291 On this the day of c~t.~im,(Q~ before me, the undersigned officer, personally appeared Andrew L. Saylor, Sup. Ct. ID No. 57291 known to me or satisfactorily proven to be a member of the Bar of the Supreme Court of Pennsylvania, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testatrix and witnesses. N tary Pu i Attorney Acknowledgmen Notarial Seal Jennifer L. Marcus, Notary Public Lancaster, Lancaster County My Commission Expires Sept. 30, 2004 Member, PennsytvaniaAssociationof Notaries COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LANCASTER ) I, having been duly qualified according to law, depose and say that I was present and saw Edna L. Kreider sign the foregoing instrument as her will; that she signed it willingly and as her free and voluntary act for the purposes therein expressed; that I in her sight and hearing signed the will as witness; and that to the best of my knowledge she was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. Andrew .Saylor, Witness Subscribed, affirmed to and acknowledged on this the ~ ~~~' day of ~~,QfJ before me, the undersigned officer, by the witness whose name appears above. No Publi Notarial Seal Jennifer L. Marcus, Notary Public Lancaster, Lancaster County My Commission Expires Sept. 30, 2004 Member, PennsylvaniaAssociation of Notaries