HomeMy WebLinkAbout02-0674
Estate of ::z:- -""eA ,
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
2'-02.- ~1'1
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L,), Ie ,,",
No.
To:
Register of Wills for the
Deceased. County of in
Social Security No. /6/ 7.J: b ?- 52- Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or olde~an the executcor-
in the last will of the above decedent, dated ~,M tIE,,/ . S r< r-t(J / 'i'7 7
and codicil(s) dated _
the
named
, 't9 Z.oo 0
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in G-.-!'~ I....A
h ~ last family or principal residence at /"1 H_ / /:r--
'PA
County, Pennsylvania, with
fS~,'/~ Sf'~r'
(list street, number and muncipality)
Decendent, then "1 ~ years of age, died
at C............/.:to 4- rfo""p I 4;:../
.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: fV/rt-
,
Decendent 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 Pennsylva"1
situated as follows: . I'/-
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rI(J
T
2..00L
;-19
~$-'DO
$
$
$
$
WHEREFORE, petitioner(s) respectfully
presented herewith and the grant of letters
request(s) the probate of the last will and codicil(s)
ft5.,i~__~~ .
(testamentary; ad 15trat100 c.La.; admmlstratlon d.b.n.c.La.)
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA 1. ss
COUNTY OF CUMBERLAND J
The petitioner(s} above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the bc;st of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will ell a dminister the estate according to law.
Sworn to or affi.rmed and subscribed {
before me this 26th day of
~~~~/~-"t/ '~i'''h ~ G.'Li~X
1 Register
\1-11-\3
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No. ~/-OD?- /,p1J-j
Estate of
-
..L "... o<L-
c;::-: u, Ie c.r;i
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW JULY 26, 2002 xi5l"v. in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated WILL: 5-5-1992 & CODICIL: <1- 17-2000
described therein be admitted CO probate and filed of record as the last will of
IRENE E WILCOX
and Letters TESTAMP.1\rT'ARV
are hereby granted to KARL R WILCOX
codicil FEES
Probate, Letters. Etc. .........
Short Certificates( )..........
~x.~:t;q..Pi'H~$.... .
jcp
$
$
$
$
TOTAL _ $
7-26-2002
10.50
25.00
15.00
9.00
5.00
64.50
-rs To L
AITORNEY (Sup. Ct. LD. No.)
;Z l{ 32- IV. ;Z"d:s;... }/Alr.sL'1' ~ /7 fIt
ADDRESS
_('7-17) 2-3&- '1.<1-1-0
PHONE
Filed
. . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . .
called atty 7-26-2002
:REGISTER OF WILLS OF C'-<~ L./-J. COUNTY
OATH OF NON-SUBSCRIBING WITNESS
21-D2-{o,4
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(each) a su~er hereto, (each) being duly qualified according to ~depose(s) and say(s) that
-rz::: tY'-<- familiar with the signature of re,,<!.- E. 0.1cr-< ,
v coicil
testat_ of (one of the subscribing witnesses to) the will
L::>
/ <.L"L.-
C/
r ted herewith and
diSH_'-:>
believes the signature on the will . s in the handwriting of
that
~<e.. C. W; /4>'
to the best of ~ knowledge and belief.
.----::::::>
/' A_.~ 5.HJ2-'^.S,,-,-
Sworn to or affirmed and subscribed before
me this 2-6 ~ day of
W7e a. c:Y/:-;;:)
. RegIster
2-'13"2...
(Name)
N 2- -vi sd-, ;liS' PA
(Address)
(C. wlfc..~
(7'/10
x.J
(Name)
..sit Lc.:J.... .L ~ /'7 Let, f:y/ l=ro.sS
(Address)
C/J {v-o.j.
Amendment NO.1
Last Will and Testament of
Irene E. Wilcox
21-02-674
I, Irene E. Wilcox, domiciled in and a resident of Cumberland County, Pennsylvania, do make,
publish and declare this to be amendment No.1 of my last will and testament dated May 5, 1992.
To Replace in it's entirety - Item 7
Upon accumulation of all assets and made part of my residuary estate principal, my personal
representative shall, after paying all required expenses as authorized by this document divide the
remaining principal equally into the following five shares, after adding previous unpaid loan
balances and advances of any beneficiary to the estate principal and then deducting said loans and
advances from their proportionate share so that such repayment of loans will be deducted from
the gross estate.
One share to Karl R. Wilcox, or to his wife should he predecease her, or to his decedents (per
stirpes) should she predecease him;
One share to Kirk D. Wilcox, or to his wife should he predecease her, or to his decedents (per
stirpes) should she predecease them;
One share to Kenn G. Wilcox, or to his wife should he predecease her, or to his decedents (per
stirpes) should she predecease them or if he remains unmarried;
One share to Kipp A. Wilcox, or to his wife should he predecease her, or to his decedents (per
stirpes) should she predecease her;
One share to be distributed equally among the following grandchildren, or their decedents. The
grandchildren's names and birth dates that are to receive the share are as follows:
Amy K. Wilcox, 25 October 1971
David M. Wilcox, 17 January 1972
Delilah R. L. Wilcox, 5 March 1972
Kirk D. Wilcox II, 5 December 1972
Johann W. Wilcox, 21 October 1976
Heather M. Wilcox, 4 September 1978
I'd>P
I>y IAN ~ W, \~
W"'1/"'-I ) L" \--ry"
8' /~ll! (7)'
9r-/,y> / 71
When all the assets have been distributed to the satisfaction of my personal representative, he shall
make a final accounting to all beneficiaries and then be relieved of all further duties as
representative of my estate
In witness whereof, I have hereunto set my hand and seal this 17th day of April, 2000
~)~ '2.. W~
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LAST WILL AND TESTAMENT
OF
IRENE E. WILCOX
21-02-674
,
I, Irene E. Wilcox, domiciled in and resident of Cumberland County, pennsylvania,
do make, publish and declare this to be my last will and testament, hereby rev~(ing
all former wills and codicils by me heretofore made.
ITEM 1: Being Of sound mind and body and under no durpss or undue innuenco, I
hereby state my full desires and wishes, when I have been taken from this life.
ITEM 2: My family, and my personal representative's in succession are as follows;
My spouse is Russel B. Wilcox, born 18 June 1927, and 011 roference,s to my spouse
in this document are to him.
The names of my children and date of birth are as fo1101"";
Karl R. WilCOX, 8 August 1949.
Kirk D. Wilcox, 13 November 1951.
Kenn G. Wilcox, 11 October 1953.
Kipp A. Wilcox, 3 December 1956.
I direct my personal representative, herein named, to uttend to my funeral and bur-
ial at Cumberland Valley Memorial Gardens, Veterans Garden, Lot 203 D, grave No.2 or 3.
Lot, vaults, marker, and opening and Closing of grave are prr>paid by account No. 184-67
and other documents located in the desk drawer, all otl1er associated expenses for
casket and professional services to be paid from my residuary estate without regard
to any statutory limitation, and l,vitnout prior applicat Lon La any court. h_i1ving juris-
diction over the administration of my estate.
My last wish is to not have an open casket or viewing prior to my burial except for
my irmnediate family, sister, sistGr-in-la\vs, and hro\:'h(,I~--ill-l(l\vs.
ITEM 3: All the rest, residue and remainder of my estate and property of any nature,
whether reaL personal or mixed, wherever situate of whi.ch I may die seized or
possessed or to which I may in anY'<ise be entitled at tile time of my death, I give,
devise and bequeath to my husband, Russel B. WilCOX, absolut.ely c:md in fcc simple, if
he survives me by thirty (30) days.
ITEM 4: In the event my spouse predeceases me or fails to survive me by thirty (30)
days, then my further WILL is as follows; My personal representitive vin distril)ute
my personal property such as contents of my residence, i.e., dishes, pictures, books,
lamps, j ewelry ,guns , and furniture as equably among my children and qrandc\1ildren that
desire any of said items as he shall deem proper.
1 of 4
...
All .r-emaining items not.. so dist..ribut,cxl within tltlrty el.I';/.';, SlidJJ I)L\ :iuLd ill d UkHUl-l1l"
determined by my personal representative and tne funds derived therefrom snall be added
to my residuary estate.
Any and all my motor vehicles shall be sold for a fair marl,et price as determined by
my personal representative and tne funds derived from tiel sale Shill" be iKJded to my
residuary estate.
Any remaining u.s. savings Bonds SnaIl be cashed at a !J,lllic ,md tile I.'unde; dGrived from
this transaction shall be added to my residuary ostate,
My personal residence shall be sold for tne best price poss1,blo considering tne best
interest of my descendants or it may be rented out and !.ehe monios, after oxpenses shall
be equally distributed among my four sons annually, othi'n,i ",e, the funds derived from
the sale of said residence shall be added to my residu;,ry "statt'.
My, personal representative is directed to accumulatp el:1 CaSt1/ Ln,SLlL'111CC' bene-fits,
retirement benefits, certificates of deposit.or any other assets of every nature,
whether reaL personal or mixed, "herever situate Of \{', d\ I may dk ""i;-oed or possessed
or to which I may in anyv:Iise be entitled (lL~ tJlc time 01 illY clC~ltll. TII() d(~(:;umul;:}tion of
the aforesaid assets shall be my total resi,duary estate
.
ITEM 5: All taxes, and all otner obligatocy cxpcn.sC's I 'qni n:d Ln ,';c'I-.nJ' my l:-CF,-idul1ry
estate shall be paid from the funds of my residuary esl'atp hy my porsonal representative
as an expense of administration and witnout apportioDm('ill..
My personal representative snall be enti tIod to ten peu",ont of my qnlss residuary estate
for administering my estate and he shall be indemnifiec\ from any clamaCjos sustained by
my estate as a result of his exercising, in good faith, lei", ,mthodl.v qrcmted in this
document.
ITEM 6: I hereby name, constitute and appoint my spow,,, 1;0 1)0 my personal representative
of this last will and testament, and I direct tnat no hond he requi neel of 11 ei,tller in
this or any other jurisdiction wherein he may deem it I ,'('es.'Ii1ry or ,1(1vl:;;I',le 100 qualify.
I hereby give my personal representative full pmvGr ,lnr:-1 cHscn.C"U.{)11 in UK' manaqement and
control of my estate, with tne right and power to s"n ,,11 ur any [)ul'Liu,) Uloreol.', \fhich
may'be necessary in his absolute exercise of his discu'\.ion for tlK' p;,\ynlent of my just
debts the advant.ageous settlement or distribution o[ rnv o.c~taLc (ll:- l\)[ <lny ut..hQ1:" J"CClSOn
which he may deem proper or advisable and Ivithout the tl(\cGssiLy of HldKinq dpplici.1t.ion t.o
or of securing previous order of court therefor, and no person pa.yinq any monic.:>s l:o him
shall be under any obligation to see to the appli.catior of [-,1\0 monie,; so paid.
2 of1
'"
If, however, my spouse shall predecease me, or if for any reason he shall be unable
or unwilling to undertake, or have undertaken, to complete the discharge of his duties
as my personal representative, then in any of said events, I hereby name, constitute
and appoint in his place and stead as personal representative of my estatc>, my son
Karl R. Wilcox, being first in line of succession as stated in ITEM 2 of this document,
to serve without bond as aforesaid, and in such event, 1 hereby confc>r and impose upon
him and any other successors, all powers and duties heretofor conferred and imposed
upon my spouse.
,
ITEM 7: Upon accumulation of all assets and made part of my residuary estate principal,
my personal representative shall, after paying all required expenses uS ,mlohorized in
this document, devide the remaining principal equally i.nto the following five (~) shares.
One share to Karl R. Wilcox, or his descendants, per stirpes.
One share to Kirk D. WilCOX, or his dcsccndllnts, per ;-;L-\ rl)0~-;.
One share to Kenn G. Wilcox, or his descendants, per st irpes.
One share to Kipp A. Wilcox, or his descendants, per stirpes.
One share to be distributed egually among ,,11 my qrLl nrlc'l 11 1 cl n"'n , or tlll'i r d0sr'r:!ndunts,
per stirpes. My grandchildren's names and birth dates ure as foll0\1,8;
Amy K. Wilcox, 25 October 1971.
David M. Wilcox, 17 January 1972.
Delilah R.L. Wilcox, 5 March 1972.
Kirk D. Wilcox II, 5 December 1972.
Johann W. Wilcox, 21 October 1976.
Heather M. Wilcox, 4 September 1978.
Dylan J. Wilcox, 26 August 1979.
Waylan J. Wilcox, 26 August 1979.
The share going to any beneficiaries having not attained the age of ei~1teen (18) years,
shall be distributed to a custodian under the uniform qifts to minors uct of Pennsylvania,
the custodian to be selected for each suid minor by my pc>rsonal repr-escmtutive.
When all the assets have been distributed to the satisr-action of my pc>rson;:ll represent-
ative and the beneficiaries as listed above, my personal representative shall make his
final report to the beneficiaries, he shall be relieved of any further- du.ties or liabil-
ity as my personal representative in regard to my estate.
ITEM 8: Whenever a distribution is to be made to u pc>rson' s dc>scc>ndcmt,g, per stirpc>s,
the distributable assets are to be divided into as mllny shc:u~C'r:> ()S thero ;lre then living
children of such person and deceased children of such person 11ho arc> survived by issue
at the time of my death. Each then living child shall rc>coivc one share und the share of
each deceased child shall be divided among such child's living dcscC'mdants in the same
manner.
3 of I)
J'
.
ITEM 9: To the fullest extent permitted by law, the interest of the beneficiaries
in my estate shall not be alienated, pledged, anticipat,ed, assigned, or encumbered,
unless specifically authorized by such beneficiary. Such interest shall not be subject
to legal process or to the claims of any creditors, other than to my creditors to the
extent of my interest in my estate.
ITEM 10: If any beneficiary, shall in any manner, directly or indirectly, attempt to
contest or oppose the validity of this, my last ,,,ill and testament including any
amendments thereto, or commences or prosecutes any legal proceedings to set aside
this agreement, then in such event, such beneficiary sllall forfeit his or her share,
cease to have any right or interest in the estate principal, and shall be deemed to
have ~redeceased me.
ITEM 11: The headings of items, or paragraphs used within this agreement are included
solely for the convenience and reference of the reader. They do not have any significance
in the interpretation or construction of this document.
ITEM 12: If any provision of this document is declared by a court of competent juris-
diction to be invalid for any reason, such invalidity shall not affect the remaining
provisions of this document. The remaining provisions shall be fully severable, and
this document shall be construed and enforced as if the invalid provision had never
been included in this document.
To my loving husband, sons and their families, I wish you all \fell and hope tllat you
get along with each other. I have done my best to be here for each of you and I love
each of you equally. Be happy and enjoy a long and contented life 'oiHJl your loved ones.
In witness whereof, I have hereunto set my hand and seal this ,j day of /J'Jd'7' 1992.
SEAL tfl~~ '2., ~\~~
Signed, sealed, published and declared by the above nalned testatrix, Irene E. WilCOX,
as and for her last will and testament, in our preSc.nc0, and IVe, ather request, in her
presence and in the presence of each other, have hereunto subscribed our names as
attesting witnesses.
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(t~r:'Ld" / ,/jJc:V
WITNESS
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C. ! -/ c1 "j'
IIDDRESS
0.7 f(/tjlsh'BY S?fi'/;1/C;s.
fg I?tJih./;'/G SI'/i'IIt/c;,S
DRESS
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CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
I ~E.....e: E ,^,I'-<-t.."'-
Date of Death:
~.^'- - -, 2..c;.OL-
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Will No.
F.\~-=*- z.""o~_ccJ(.'l~
Admin. No. ?A >:. 'e * z. - 0.. - 0,," 'l Of
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on ~ OJ. l\ I 2..00:a.....
Name
Address
See L'S--r A"":''''t''-I\~~~ b
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Date:
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Signature
Name ~...: ~v-...,~~
Address 'tIS",,,, L'....'lk'.,..c.~.... lL<l., S't'<. ~:l
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Telephone ( 7 ~7
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Capacity: ~ Personal Representative
_Counsel for personal representative
#
.
Kirk D. Wilcox
1] 78 Shoreham Road
Camp Hill, PA 17011
Kenn G. Wilcox
4800 Linglestown Road, Ste 203
Harrisburg, P A 17112
Kipp A. Wilcox
60 Old Orchard Road
Dillsburg, P A 170] 9
David M. Wilcox
6133 G Springwater Place
Frederick, MD 21701
Delilah R. 1. Wilcox
235 Baltimore Street
Mt. Holly Springs, PA 17065
Way Ian Wilcox
75 Victory Church Road
Gardners, PA 17324
Dylan Wilcox
75 Victory Church Road
Gardners, P A ] 7324
Amy K. Falk
424 Geary Avenue
New Cumberland, P A 17070
Kirk D. Wilcox, II
611 Millard Drive, A2
Camp Hill, PA 17011
J. Wesley Wilcox
] 8]2 Sib Street
Bethlehem, PA 18020
Heather Wilcox
133 Glennwood Road, Apt 7
Dillsburg, PA 17019
Beneficial interests
JRD/June 30, 1992/17858
Estate No.: 21-02-674
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
In Re: Estate ofIRENE E WILCOX
Late of SOUTH MIDDLETON TOWNSHIP
NO. 21-2002-674
NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT
ORPHANS' COURT RULE
Personal Representative: KARL R WILCOX
Counsel for Personal Representative: THOMAS S PEDERSA ESQ
Date of Grant of Original Letters: 07-26-2002
Date of Delinquency Notice: 11-05-2002
The undersigned, Mary C. Lewis, Register of Wills, in accordance with Rule 5.6,
Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of
Common Pleas of Cumberland County, that neither the above named personal representative nor
the above named counsel for the personal representative have filed with the Register of Wills or
Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court
Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court
Orphans' Court Rules, was given by the Register of Wills on NOVEMBER 05,2002, and that
the ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule
5.6(e) the Court is hereby notified of such delinquency and the undersigned requests that a Court
conduct a hearing to determine whether sanctions should be imposed upon the delinquent
personal representative or counsel for the delinquent personal representative.
Date: 11-19-2002
~;~~~~~s~~t~~
Distribution:
Personal Representative
Counsel for Personal Representative
Estate File
A hearing is scheduled for !-/O- tJ 3 at 9 ,'3d'1>hJ)J Courtroom No.3. If the
Certification of Notice is filed prior to the hearing date, the hearing will automatically be
cancelled.
GOO,g,E.~
. -U.S. P6stal Service
CERTIFIED MAIL RECEIPT
(Domestic Mall Only; No Insurance Coverage ProvIded)
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Postage $
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Restricted Delivery Fee
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USPS
Permit No. G-10
. Sender: Please print your name, address, and ZIP+4 in this box'
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STATUS REPORT UNDER RULE 6.12
Nam~ ofD~cedent:
--y:-;... '- n ~ [' '-J.I C u -x
/YI~1 ytli ADO)..
,2oD1- 006'-:;-4-
Admin. No.: 210:<- 06 :r'f
Date of Death:
Will No.:
Pursuant to Rule 6,12 of the Supreme Court Orphans' Court Rules, I report the
following with respect to completion. of the admi.nisttation of the above-captioned estate:
1. State wbether administration of the estate is complete:
Yes ~ No 0
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a final account ,vith the Court?
Yes 1f No 0
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the pmies
in interest? Yes ~ No 0
c. Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Clerk of the. Orphans' Court
and may be attached to this report.
Date: .1./l!Jo y <'.-/ -<:: ~ ?
Signature
.:::::::-~ ~
./ ~~.< .:s rerJ..Tserl
Name
3/0'1 1\). ~-,,,,J- :5tr...r )/e.rr;.sbunr J?A /7-/(0
Address J
f1dJ ffd1 -~ol13" ex! :1..30
Telephone No.
Capacity: 0 Personal Representative
@!:[ Counsel for personal representative