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HomeMy WebLinkAbout06-09-10r. PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF ~- COUNTY, PENNSYLVANIA -~ ~~ Estate of ~ ~- File Number ,~~ / Q ^ tJ ~~ ~~ also known as r Q ~'} Deceased Social Security Number 1~ ~ ~ '~ y O Petitioner(s), who is/are 13 years of age or older, agply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the named in the last Will of the Decedent dated 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 (!f applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durance absentia; dura~n~oritate) -= _ ~c.....~, :~ ca ~. Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spi~many) a>~ieirs ~~~r Administration, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) -r-;r ~,.tC--, '~ C:.:~> :~? Name Relationship Reside>ace..,'~_' __ _ T";" C`? ~ ' 7 A '_~.,,I . ~ -- a ..T.,t .. (COMPLETE IN ALL CASES:) Attac% additional sheets if necessary. Decedent was domiciled at death in ~?// ~f l~ `, A. ~ ~ County, Pennsylvania with his /her last pr r~ipal residence at (List street address, towrdcity, towns(cip, county, state, zi~ code) ~ (( Decedent, then ~_ years of age, died on~ r ~®t/Oat S _ G ~ J ~ ~- ~r ` Decedent at death owned property with estimated values as follows: (If domiciled in PA} All personal property $ i~ • ~d d • `~ (If not domiciled in PA} Personal property in Pennsylvania $^! (If not domiciled in PA) Personal property in County $_ Value of real estate in Pennsylvania $~... °'~ f3 '" situated as follows: Whe~~efore, Petitioner(s) respectfully request(s) the probate of the last Wiil and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: ~ ~ Sienatgre Typed or printed name and residence I ..,., r- „~....,~ . -, . ~, Fo~~m R 6V-0? rev. 10.13.06 ~ ~A C7o~ ~' Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~.t,~,~~~(a t?t~ t~„~ The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and con•ect to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the )i?ecedent, Petitioner(s) will well and truly administer the estate according to law. -. ~ ~'~ Sworn to or affirmed and subscribed before me the ~~ day of t~~ 2v t b ~~~~ For the Register . Signature ojPersokal Representative Signature oJPersonal Representative Signature of Personal Representative File Number: ~ ~T /~ ~ V ~ ~~ Estate of S/aQ, ~ ~ ~ ~ ~.,.~` Y ,Deceased ~~ `'k •' ~C~ '" ,~p ~ 7 Date of Death: JKIL~ L t'~ Social Security Number: AND NOW, ~ Q(U , in consideration of the foregoing Petition., satisfactory proof having been presented befo me, I S E ED t at Letters are hereby granted to in the above estate and that the instrument(s) dated - - - described in the Petition be admitted to probate and filed of recor as the last Will (and Codicil(s)) of D cedent. ~' FEES Lv Register o Wills Letters ............... $ Short Certificate(s) ........ $ ~ •~~ Attorney Signature: Re n iation(s) .......... $ ~" C/~ ~ $~d0 Attorney Name: S ... $~Sa Supreme Court LD. No.: ... $ .V $ Address: ... $ ... $ ~ ... $ $ ~ ~ ~."' ~ o c.... ~` % ` ~ • • • Telephone: ' ~ _ . - ... $ ,-j ~ t .. ~ !: ; TOTAL .............. $ /I~Oc3• s~ -r:a. ~~~ _,. ~ ~ -- . ~ ... C~ T~ ~ ~~ ~ ~p ~~ ~ ~. ~- == ~-r- i ~:: ~~ . .... Page 2 of 2 Furor R4V-U? rev. 1U.13.U< 1os.ii2HFV.1;o~ WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR „/J '/Q~~\_--C`~ (FEE FOR THIS TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. ~.. / ,~ / CERTIFICATE S6 Q0) '~Ok^AlV~oIVW+:.A?. I''+i ~~~ ~ # ry;,W;}.# . C. ~ .` DES=~F~iTivl~r~~ ~.:~ gib ,~~ "a-' r ..;. "" C, .. .z: LO~~A.L ~EGI~-TR~~~i S ~"t~-~-~"~°I'.'a°~°fit"~N ~)' b:A°T y\1~. 6'4.yn \v.,p .t~ ~ 4~ b ll ~T (t1 /~ t1 ~ ~f~ ~'~ ~ ~.Mr .++++ t ;' ~~ t y ~s f~do ; 8 '~~.~. ~ t... 1'1 ' T 6 3 ~ NO CERT 18 5 x %C ~~ $ ~ Mr ~~ , •- ~ ~ ~; ~;}. ~-~ ~ ~ it f. ^~ ~ Jun$-, 20 - ~~`#~ ` . . . . ~r ~.fi #7it~ Sue i . ~ <; Certification a #,~~ ~ ~ P, r +~ ,~ ~ a ~ ~ ..~ ~ ...~ _., .. ., ~ r ~ .~ . • ,, .,.._ i P" ~ ~. ~/ ~. S a ra Name of Decedent B - We ib ley ----_._ _ __-__________,~~__-_ ~~,~t - -- . -_-_ Female __-__ ,social Security No. _-_ Sex 174 - 20 - 8887 ___________ _ .____ __ __ June 4 2'010 ___ D~t~~~ of D~~,~tl~ _____.__--- ' Se t. 4 1918 ~ p Sirthplace Date of Birth ! Elliottsburg, PA _ _ _ __~ _ _ _~___ _._. , _ _ ____ ____._._.__. ---__-__ _ __ ___ __ __.- _ --._.- _ _ Place of Death- Carlisle Reg. Med. Center Cumberland S.Middletan Twp. Pennsylvania " u 'v ~~dame .~ - Race White ~, , Teacher _ ~;rri~~d For`,. 'r , ~~p~, ~° No Decedent's Marital Status __-Widowed _ Mailing Address-___1 Longsdorf Way Carli sle PA 17015 r ~ Sta?e E. Weibley Ronald Informant James FunE~r~~l ~:)irc;ct<~I" F. Nickel _~ __ -- . ~ _ _ . _ _ _ --------__-_- Name and Address of Nickel Funeral Home, P.O. Box 910, Loysville, PA 17047 Funeral EstablishmE.,nt______ __----____.T__- ~--_--______-----._ _-_-_ _ _ __.____ _____ _-_ ___ -_-_ .__ ___~._____ _ Interval Between Part I: Immediate Cap^se ~~~n,5et and Death: Resp. failure GI Bleed (c} Severe Anemia Part II: Other Significant Conditions Manner of Death [7~~~c;~"it::r~~ i~~,,,~,~ ir~jur~~ .,~ccr.lrrc~c:i~ _ Natural Homicide _ ~ __ _ ~__ Accident iu Pendi~~ig Investigation ~__} Suicide i J~ Could not be Determined Name and Title of Certifie Address< G. Gamainn M.D. ___._ NI. iD., D.O., Coroner, M.E.} CRMC, 361 Alexander Spring Road, Carlisle, PA 17013 This is to certify that the information here given is c~~rrr~ctiy~ #~c~,:~ied fror77 ~~r~ origil-~al certificate of death duly filed with me as Local Registrar. T~~e origir~irai c~}~tilicat~=_~ v~r~ll triE~ ic~rwarded to the State Vital Records Office for permanent filir~~~. Q, ~~ 50-455 -~r~ ,, ~.; ~ ;~, u~st~~~rv~. June 4, 2010 101 Barnett St., New Bloomfield, PA 1706:8 Date #~ecei~ 'V t~v ' _~ ~. t,. ~ I4~~.trat _ 1. + ,it;. r- fah. ~~%wnship LAST WILL AND TESTAMENT ~~~(~ ~~~ OF SARA B. WEIBLEY I, Sara B. Weibley, of South Middleton, Cumberland County, i Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last "v~ill and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death a conveniently may be done. I direct my body be interred in t Rest Land Cemetery, Loysville, Pennsylvania. Further, I authorize my personal representative to expe funds from my estate, in such amount as my personal representati shall consider necessary and desirable for the purchase, erection. and inscription of a suitable marker for my grave. All references to my son and daughters shall mean stepson, SAIDIS, LINI?S~ ,crrox~s nT:inw 26 West High Street Carlisle, PA stepdaughters and their issue. SECOND I give and bequeath the following specific items as hereafter set f orth to my son, Ronald E . Weibley : ~,~~ ~-- ~- ~~ r7-L ~ ~ .°~~ f 'y a. ' ~~ ~,.y6 j . A ~ i ^_y..~ . . ...._ „L+ TJ ~ ~~ _ -~ ff, SAIDIS, LIND nTrox~,~:uw 26 West High Street Carlisle, PA 1. My seven (7) piece, antique oak bedroom set, together with all comforters, linens and other bedding used with the set; 2. My seven (7) piece, porcelain dresser set; 3. My maple dining room set, table, matching chairs and hutch; and 4. My six (6) antique cane bottom chairs. THIRD All the rest, residue and remainder of my estate, I give, devise and bequeath to my children as follows: 1. Twenty-five (25%) percent to my daughter, Donna J. Hoffman, per stirpes; 2 . Twenty-five ( 2 5 % ) percent to my son, Ronald E . Weibley, per stirpes; 3. Twenty-five (25%) percent, IN TRUST, for the benefit of my daughter, Sarah Arlene Arndt, also known as Arlene W. Arndt, on the following terms and conditions: (H) TG holes, ll'1Gi11agC, l~ v-est and reinvest the principal so received, and accumulation of income thereon, and to use, pay and apply the principal and income as follows: (1) To pay and apply the income to the beneficiary at least quarterly. 2 (2) To invade the principal in the event of illness or emergency as determined in my Trustee's sole discretion for the benefit of the beneficiary. r,. _ , .,~ J ~' •~ '~ .'. ~, iT (B) In the event that any beneficiary of this Trust cannot provide for her basic support and maintenance needs and is unable to maintain and support herself from her own resources and sources of income, my Trustee shall seek such support for the beneficiary from public sources. In such event, paragraph 3. (A) (2) of this Trust shall be null and void and replaced by the provisions hereinafter concerning the Special Needs Trust. (a) This Trust has specifically not been created to supplant or replace public-assistance benefits. My Trustee should, therefore, SAIDIS, FIAWER ~ LINDSAY nTnox~v~s•~x uw 26 West High Street Carlisle, PA seek entitlements which are available to members of the community who are experiencing disabilities that are substantially similar to those that the beneficiary experiences. My Trustee shall deny any request made by any agency or governmental entity requesting disbursement of trust funds to satisfy beneficiary' s support needs. (b) This Trust shall be held and administered for the benefit of the beneficiary in recognition that there may be a number of personal needs other than basic support and maintenance which may be unavailable to the beneficiary except through this Trust. This Trust is intended to satisfy those non- support needs, as deemed appropriate in the 3 ~~~ LIlVDSAY 26 West High Street Carlisle, PA absolute discretion of the Trustee. This Trust is not intended to displace any source of income otherwise available to the beneficiary for their basic support (such as food and shelter), including any governmental assistance program to which the beneficiary is or may be entitled. It is not intended to be a resource of the beneficiary and is not available to the beneficiary. It is to be a discretionary spendthrift trust created for non-support purposes. (c) No part of the corpus of this trust shall be used to supplant or replace any public- assistance benefits received by or through any county, state, federal or other governmental agency. (d) During the lifetime of the beneficiary, to ' the extent that benefits are not made available to the beneficiary for other than basic living expenses, including food and shelter, my Trustee, in his absolute discretion, may distribute from income and principal to or for the benefit of the beneficiary, for their needs other than basic support. For the purposes of this provision, non-support purchases include, but are not limited to dental care; unreimbursable medical and dental expenses, including plastic and reconstructive surgery, diagnostic work and treatment, rehabilitative training and experimental medical services; psychiatric/psychological services; occupational therapy; prosthetic devices; dietary needs and supplements; the differential i:: cost between shelter for a shared and private group home or room; custodial care or supplemental nursing care; recreation, cultural experiences, outings and travel, including payment for others to accompany the beneficiary; telephone and television, including cable television; reading and educational materials; exercise equipment; unreimbursed therapy; and related insurance. Trustee's discretion in making distributions authorized hereunder is absolute with regard to distributions from 4 the Trust estate, and shall be binding on all interested persons. (3) Upon the death of my daughter, Sarah Arlene Arndt, my Trustee shall distribute the then r-^., ~~. remaining principal and accumulated income outright to her children, William Arndt, Bryan L. Arndt and Donna J. Bivens, per stirpes. 4. Twenty-five (25%) percent, IN TRUST, for the benefit of my daughter, Doris A. Pina, and my granddaughter, Shannon L. Nolan, on the following terms and conditions: (A) To hold, manage, invest and reinvest the principal so received, and accumulation of income thereon, and to use, pay and apply the principal and income as follows: (1) To pay and apply the income equally to each beneficiary at least quarterly. (2) To invade the principal in the event of SAIDIS, LINDSJ~ ,~-ro~s.,+~:~.+W 26 West High Street Carlisle, PA illness or emergency as determined in my Trustee's sole discretion for the benefit of the beneficiary or beneficiaries. (B) In the event that any beneficiary of this Trust cannot provide for her basic support and maintenance needs and is unable to maintain and 5 support herself from her own resources and ~~` SAII~IS, FIAWER ~ LINDSAY 26 West High Street Carlisle, PA sources of income, my Trustee shall seek such support for the beneficiary from public sources. In such event , paragraph 4 . (A) (2 ) of thi s Trust shall be null and void and replaced by the provisions hereinafter concerning the Special Needs Trust. (a) This Trust has specifically not been created to supplant or replace public-assistance benefits. My Trustee should, therefore, seek entitlements which are available to members of the community who are experiencing disabilities that are substantially similar to those that the beneficiary experiences. My Trustee shall deny any request made by any agency or governmental entity requesting disbursement of trust funds to satisfy beneficiary's support needs. (b) This Trust shall be held and administered for the benefit of the beneficiary in recognition that there may be a number of personal needs other than basic support and maintenance which may be unavailable to the beneficiary except through this Trust. This Trust is intended to satisfy those non- support needs, as deemed appropriate in the absolute discretion of the Trustee. This Trust is not intended to displace any source of income otherwise available to the beneficiary for their basic support (such as food and shelter), including any governmental assistance program to which the beneficiary is or may be entitled. It is not intended to be a resource of the beneficiary and is not available to the beneficiary. It is to be a discretionary spendthrift trust created for non-support purposes. (c) No part of the corpus of this trust shall be used to supplant or replace any public- 6 assistance benefits received by or through any county, state, federal or other governmental agency. SAII~IS, FIA`'VER &. LINDSAY nT-oxr~~xs~~ uw 26 West High Street Carlisle, PA (d) During the lifetime of the beneficiary, to the extent that benefits are not made available to the beneficiary for other than basic living expenses, including food and shelter, my Trustee, in his absolute discretion, may distribute from income and principal to or for the benefit of the beneficiary, for their needs other than basic support. For the purposes of this provision, non-support purchases include, but are not limited to dental care; unreimbursable medical and dental expenses, including plastic and reconstructive surgery, diagnostic work and treatment, rehabilitative training and experimental medical services; psychiatric/psychological services; occupational therapy; prosthetic devices; dietary needs and supplements; the differential in cost between shelter for a shared and private group home or room; custodial care or supplemental nursing care; recreation, cultural experiences, outings and travel, including payment for others to accompany the beneficiary; telephone and television, including cable television; reading and educational materials; exercise equipment; unreimbursed therapy; and related insurance. Trustee's discretion in making distributions authorized hereunder is absolute with regard to distributions from the Trust estate, and shall be binding on all interested persons. (3) Upon the death of my daughter, Doris A. Pina, my Trustee shall distribute the then remaining principal and accumulated income as follows (a) One third (1 j3 ) of the remaining principal to Shannon L. Nolan as soon 7 after the date of death of Doris A. Pina as conveniently may be done; ~~~ (b) One half (1/2) of the remaining principal and accumulated income five (5 ) years after the date of death of my daughter, Doris A. Pina; and (c) The balance of the remaining principal and accumulated income ten (10) years after the date of death of my daughter, Doris A. Pina. 5. In the event the beneficiaries of the Trust provided for in paragraph 4 are deceased prior to the distribution of all principal and income, but are survived by issue, then to their issue in further single Trust on the following terms and conditions: (A) To hold, manage, invest, reinvest the principal so received, and accumulation of income thereon, and to use, pay and apply the income and prir~cipal or so much thereof as in Trustee's sole SAIDIS, FIAWER &. LINDSAY nTCV~~~ uw 26 West High Street Carlisle, PA discretion may be necessary for the maintenance, support, medical expenses and education of my beneficiaries whether the same be born before or after the signing of these presents. (B) The payments authorized by this trust shall be made without any regard to equality of 8 distribution among beneficiaries and without further responsibility to a beneficiary or to any person taking care of a beneficiary. Said /~~ payments may be made by my trustee directly to a beneficiary, or such of them as may be, in the sole opinion of trustee, of such age and ability to handle properly the funds so paid, or may be made directly to the person having custody and care of beneficiary, or may be made directly to any institution entitled to such payment by reason of services rendered or to be rendered to any of beneficiary . (C) The amount to be paid for the benefit of beneficiary shall be determined from time to time by the need of beneficiary, and the amounts and times of said payments shall be determined by such need, provided that payments be made at least monthly. SAIDIS, j hTAWER ~ LINDSAY II 26 West High Street ~ Carlisle, PA '~ (D) Ail payments of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to any execution or attachment. (E} All principal and accumulated income, not so applied, shall be distributed in equal shares to the beneficiaries, per stirpes, when my youngest 9 then living great grandchild, by reason of Shannon L. Nolan, attains the age of twenty-two ~" /~,~ (22) years. In the event Shannon L. Nolan is not survived by issue, then to my children, per stirpes. FOURTH As to all trusts provided for in this my Last Will and Testament, all payments of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to any execution or attachments. FIFTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. SIXTH In addition to the powers conferred by law, I authorize any SAIDIS, LINDS~ nT-ox~~s.,~:uw 26 West High Street Carlisle, PA personal representative, trustee or guardian acting under this instrument, in his/her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal property; (b) To exercise any options to subscribe for stocks, bonds, or other investments. 10 (c) To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as they, in their sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; (e) To make settlements and compromises on such terms as they, in their sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as they, in their discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my son, Ronald SAIDIS, LIND 26 West High Street Carlisle, PA E. Weibley, to act as Executor of this my Last Will and Testament. Provided, however, that if he is unwilling or unable to act as Executor, I direct the duties of Alternate Executor be performed by Donna J. Hoffman. EIGHTH I do hereby nominate, constitute and appoint Co-Trustees for all Trusts created by this my Last Will and Testament. The 11 Trustees shall be Ronald E. Weibley and a financial institution authorized to provide trust services in the Commonwealth of Pennsylvania as designated by Ronald E. Weibley. Provided, however, that if for any reason, his designation of an institutional co-trustee is not permitted, then the co-trustee shall be LeTort management & Trust Company or its successor. NINTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, Sara B. Weibley, have hereunto set my hand and seal to this my Last Will and Testament, consisting of twelve typewritten pages, the first eleven of which bear my initials in the margin for identification, this c~'~`~ day of ~ 2009. Sara B. Weibley, Tes rix SAIDIS, LINDS`~ ~~:~W 26 West High Street Carlisle, PA 12 Signed, sealed, published Testatrix, Sara B. Weibley, as Testament in the presence our names at her request of s estatrix and of and declared by the above-named and for her Last Will and of us, who have hereunto subscribed as witnesses thereto, in the presence each other. ADDRESS 26 West High Street Carlisle, PA 17013 ADDRESS 26 West High Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND constraint or undue influence. WE, Sara B . Weibley, ~ ~ ~r ~S and ~~'~"`y~ iv~~o~~~ the T statrix and witnesses, respectively whose names are signed to the foregoing or attached 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 Testament and that she signed willingly and that she executed 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 their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no Sara Weibley, Testa rix ~~ Robert C. Saidis Witness Bernyce Badowski ~ Witness SAiDIS, FLOWER ~ LINDSAY aTrox~snT uw 26 West High Street Carlisle, PA Subscribed, sworn to and acknowledged before me by Sara B. Weibley, the Testatrix, and subscribed to and sworn or affirmed to before me by ^`~~ - i ~ ~ and ~t`Y~./~ ~~ /~'jac~pp~,f~~C~ witnesses, this~t ~ _ day of 2009. ~. ~pA Notary Public ~~ ~ lie 7 2411 13