HomeMy WebLinkAbout06-24-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA
Estate of Mark A. Sunderland File Number -~~ -lL- Q(.Q~j
also known as
.Deceased Social Security Number 1 61 - 6 0- 5 6 9 5
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
® A. Probate and Grant of Lett9er~lT~stazn~ntary and aver that Petitioner(s) is /are the Executrix named in the
last Will of the Decedent dated // // yy and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death of executor, etc.) ,.~
n ~_
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution offia~tystrument s~offered -'
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~'.'=~ ~ G
® B. Grant of Letters of Administration ?' ~ ~ r
(If applicable, enter.• c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante.-ninyCityte) ~~,
~~ 7 -ci ~
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spou~t~f any) andireirs: FIf ;=; ~;
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ --i • ~ . -~
~ W ,
Name Relationshi Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent as domiciled at death ' Cumber 1 and C p is with his /her last principal residence at
1 0 Ash~lev Drive, ~' °' f'~'~~~'
(List street address, lownlcity, township, county, state, zip code)
Decedent, then 4 6 ears of age, died on 4/ 21 / 1 0 at Harrisburg H o s p i t a 1,
Harrisburg~Ay
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ g
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PAj Personal property in County $
Value of real estate in Pennsylvania $
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:
Si nature T or tinted name and residence
Kimberly D. Sunderland
10 Ashley Drive
Boiling Springs, PA 17007
Form RW-02 rev. /0.!3.06 Page 1 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.
Swam to or affirmed and subscribed
n
before me the j~ day of
! ~
•~ ~,~ ~
For the • ister
Signature of Personr~ Repres~tative
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Signature of Persona! Representative ~' 0 r~
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Signature of Personal Representative --- rri h?
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File Number: ~ W
Mark A. Sunderland 'r
Estate of Deceased
Social Security Number: 1 61 - 6 0 - 5 6 9 5 Date of Death: ~ -07- ~ "~ ~ ~ (~
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AND NOW, ~ ~ (,(yl.,Q t3 ~ _9~r~L0 •• in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED g~hhat LLetters~T e s t ame n t a r y
are hereby granted to Kimberly D. Sunderlan
n in the above estate
and that the instrument(s) dated - ~ -' ~ 9 ~ Q
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of ecedent.
J r
FEES X11' ~ C'l.~i--7 / ~`~ L. ~i . ~
Letters $ .~~ . ~(~ Register ojWi/ls ~,l ~ 7; ~ ~
Short Certificate(s) ........ $ ~ (17 • G` ~ Attorney Signature: F r
Requnciation(s) .......... $ Anthon DeLuca, Esquire
~i , J 1 $ Attorney Name:
• • • $ {~ 3 ~ "U Supreme Court LD, No.: 1 8 0 6 7
'h`t ~ ~• • • $ ~ • ~ 1 1 3 Front Street
$ Address:
• • • $ P.O. Box 358
~••$ Boiling Springs, PA 17007
... $
$ 71 7-258-6844
Telephone:
... $
TOTAL .............. $ C , ~ 0.00
Form RW-02 rev. 10.13.06 Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARiV1FdG: it is illegal to duplicate this copy by photostat or photograph.
i'~jtill .tt.rt~ ~•.3~tt'r
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N106-143 REV 7112006
TYPE /PRINT IN
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This i~ to certif~,~ ti1a1 the infarii~a:ion here giccn it
correctly copied l~rl~•m an original Certificate of Death
duly filed witi~ ~nr a~ Local Registrar. Tl)e ori~,inaJ
certil`irtte ti~~ill hl~ fur~ti~'arded to the 4<<(tc Vital
Rea~rds' O+1icc ,ot permanent filic:--
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COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH .VITAL RECORDS T=+ f..~ '~ ~_ ~
CERTIFICATE OF DEATH
(See instructions and examples on reverse) CTATF FII F NI IHRFR
i. Nana d Decedent (First, midde, lest, eu6u) 2. Sex 3. Social Secudry Number 4. Date Deem (Month, deY, Y~0
MARK A. SUNDERLAND Male 161 - 60 -5965 l~
6. Age (Iasi BirlhtleYl DMer 7 l1Mer 1 6. Desk d Bkdl MaM, ar T. Bi end slate a coon fia. Pbca d Death Check on one ~
46 Moaw ~ Hwxa kaaAee Hospital: Other:
Feb . 28 , 19 64 C 1 e ar f i e 1 d , P a ~
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other - spedry:
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fitl. FadAly Name 01 Ild instltutlon, Sue sheet and dumber) 9. was Decadent d Hhpenk: OdginT ®No ^ yB6 10. Ra
Dauphin Harrisburg P
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• 11. Decedent's lleua lion Kind d wok done ~ mod d fide. oo not sate ~ 12. Wm Decedent ever ro dw 13. Decedent's Edaatbn (Spedry my highed grade mngldaaf 14. Medial 3mnu: Meded, Never Horded, 16. SurWving Sparse Ifi wtie, ANe maiden name)
KiM d Wark Kkb d Buskin/mdretrY Wes' Divorced 1i7
U.S. Ambd FaceaT Ebmenlary I Sewldary (472) Cdkge 4411 d 6+)
Supervisor State Government --
^Yea ®Na ------------ ------4---- Married Kimberl Dau hart
76. Deceden's MaiNrg AdMes6 (Sued, city /town, slate, rip cotla) Decetlent's Did Decedent
Actual Residence 17a. State Pennsvlvania Livama nc.~vee, Decedent LNeam South Mi drll Ptnn Twp.
10 Ashley Court Cumberland Township. t?d.^NO, Decedent lived within
Boilin S Tin s Pa 17007 ne. coemv
Aqua Llmhs d Caryl Dorn
16. Famels Name (First, maids, last, sld6xl
Clair Sunderland 19. Moawfs Noma (Fkal midcAe, maiden aurtgmej
Judy Hanley
20s. InlormanYS Name (rYPe I Pid) 20b. Infamenrs McMkp AdMe% (Street, c6Y /town. slam, z'lp Lode)
Kimberly D. Sunderland 10 Ashley Court, Soiling Springs, Pa 17007
21a. Method d Disposition ~ Crerrreaon [] Dmetion 210. lMd d DNpositim (Halm, my, year) 21c. Race d q®pos6lon (Name d cemeler/, cremalay a Draw place) 21tl. laatim (Caryl rown, side, rip ode)
^ seta ^ Removal Iran state ~ w„ Cremetlon a Dorutlm AumaWtl
• Ap r i 124 , 2010 Dugan Ft3neral Hc3me & Crematory Inc . Shippensburg, Pa 17257
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22a. Siptnu . 6anerel w6n9 ee wch)
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, 22b. License Nunbar
FD-012909-L 22c. Name end Addess d Fed6ry
Restart Funeral i~me 255 York Road, Carlisle, Pa 17013
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Compete' ' 23ac when certiryuq 23a To pte best d my ktooledge, deem ocamed et me time, date end pines dated. (Sigtehln ant M's) - 236. License Number 23c. Date Signed (Martin, day, Year)
phystdan fe not avdlebla at tine d deem ro
cemry seine d deem.
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• Items 24-26 mall ba canPlebtl M person
wno prmaatcaa deem. 24. Tune d Deem //~s
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/Yn M. 25. Dale Dead (Momh, day, Year) / ~
/ 28. Was Cox Rderred b Medea Exanirwr I Coroner ror a Reason Omar men Crametlon a Donation?
^ Yes ~. No
CAUSE OF DEATH (Sse truswetlone errd a hs) , Approdmete Mlervel:
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IMMEDIATE CAUSE Fbel disease or
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30a. Wn en Autopsy 30b. Were Auropay FlMmga 31, Man r d Death 32a. Date d Irqury (MOnm, deY, Year) 326. Desalbe Hew kyury Occurted 32c. Plus d Iry'uy: Nome, Farm, Sheet Factory,
Ol6ce ~~• ero' ()
PedomtedT Available PMr to Completion
a cases a DeemT turel ^ Narvdae
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33a. CediOar (dwck nny aw) 33h. Signature and Tek of Carp r ~ ~
• CMKying phyaklan(POysiden caNfybg o~wedd~m when arbmar p0ysr+an has Wataa¢ed deem vM Completed Item 23l
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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DLspositon Pennd No: `' ~ ~ V t "t`~ ` ` L -- /
LAST WILL AND TESTAMENT
OF
r~.>
~7 t:a
MARK A. SUNDERLAND ~--0
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x. _
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I, MARK A. SUNDERLAND, a resident of 212 Hilltop Road; l~a,~linr~.,
._.~ -;-,
Springs, Cumberland County, Pennsylvania being of sound m~h~, -= =-,
~'
memory and understanding, do hereby make, publish and declare this"t` ''
to be my Last Will and Testament, hereby revoking all Wills and
Codicils heretofore made by me.
ITEM 1: I direct that all my just debts, the expenses of my
last illness and funeral expenses be paid as soon after my decease
as the same can conveniently be done.
ITEM 2: I direct that there shall be paid out of my residuary
estate all estate, inheritance and like taxes together with any
interest or penalty thereon imposed by the government of the United
States, or any state or territory thereof, or by any foreign
government or political subdivision thereof, in respect to all
property required to be included in my gross estate for estate,
inheritance or like tax purposes by any of such governments,
whether the property passes under this Will or otherwise,
excluding, however, any property over which I have a taxable power
of appointment, provided, however, that no residuary beneficiary
shall by reason of this provision be denied the benefit of any
deduction, credit, favorable rate of tax or other benefit which by
law enures to such beneficiary.
MARK A. SUNDERLAND
1
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
ITEM 3: I give, devise and bequeath all of the rest, residue
and remainder of my estate, real, personal and mixed, of whatsoever
kind and nature, and wheresoever situate at the time of my death,
unto my wife, KIMBERLY D. SUNDERLAND, provided, however, that she
survives me and is living sixty (60) days after the date of my
death.
ITEM 4: If and in the event that my wife, KIMBERLY D.
SUNDERLAND, does not survive me and is not living sixty (60) days
after the date of my death, then and in such event, I give, devise
and bequeath all of the rest, residue and remainder of my estate,
real, personal and mixed, of whatsoever kind and nature, and
wheresoever situate at the time of my death, unto FRANCIS E.
DAUGHERTY, as Trustee in Trust, for the benefit of my children,
NICOLE M. SUNDERLAND and KAITLIN E. SUNDERLAND born from my
marriage to my wife, KIMBERLY D. SUNDERLAND. The Trustee shall
divide the then principal and any accretions thereto and any
accumulations of income into equal parts for the benefit of NICOLE
M. SUNDERLAND and KAITLIN E. SUNDERLAND and then deceased children
of mine represented by then living issue. The Trustee shall hold
one such share as a separate Trust for the benefit of NICOLE M.
SUNDERLAND and KAITLIN E. SUNDERLAND, and one such share as a
separate Trust for the benefit of the issue of each such then
deceased child of mine, per stirpes.
A. SUNDERLAND
2
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
A. In each Trust thus established for NICOLE M.
SUNDERLAND and KAITLIN E. SUNDERLAND, the Trustee shall quarterly
pay to or for the benefit of such child all of the income and so
much of the principal of said Trust, as, in the discretion of the
Trustee, may be necessary to maintain such child in the proper
station in life, including proper support, maintenance, medical
care and college or higher education.
Upon such child's attaining the age of twenty-five (25)
years, the Trustee shall pay to such child one-half (1/2) of the
then principal. Upon such child's attaining the age of thirty (30)
years, the Trustee shall pay to such child the balance of the then
principal and said Trust shall terminate.
Should such child die before final distribution of the
assets of said Trust, but be survived by then living issue, the
Trustee shall quarterly pay the net income from said Trust to or
for the benefit of said issue, per stirpes, living at each time of
quarterly distribution; as soon as any one of said issue attains
the age of twenty-one (21) years, and in no event later than twenty
(20) years following the death of my child, the Trustee shall pay
over all of the then assets in the Trust to the then living issue
of my deceased child, per stirpes. Should such child of mine die
MARK A. SUNDERLAND
3
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
before final distribution and not be survived by then living issue
the provisions of subparagraph (C) herein shall obtain.
B. In each Trust established for the benefit of the
issue of a deceased child of mine, the Trustee shall quarterly pay
the net income to or for the benefit of the issue of such deceased
child of mine, per stirpes, living at each time of quarterly
distribution; as soon as any one of said issue attains the age of
twenty-one (21) years, and in no event later than twenty (20) years
following the death of the survivor of my wife and myself, the
Trustee shall pay over all of the then assets in the Trust to the
then living issue of my deceased child, per stirpes.
C. If at any time before final distribution of the
assets of any of the Trusts established for my children or the
issue of my deceased children, there are no living beneficiaries of
said Trust, the Trust shall terminate, and its assets shall be
added to the other then existent Trust(s) created herein for the
benefit of my children or their issue. Provided, that if any of
said Trusts herein created has previously been terminated by
payment of its principal to its beneficiaries, said beneficiaries
who received payment of the principal of that Trust shall
t~.-~
MARK A. SUNDERLAND
4
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
collectively be considered an "existent Trust" for the purpose of
this paragraph, and one equal share shall be paid directly to such
beneficiaries in the same proportion by which they received the
principal of the Trust, or, if deceased, to their issue, per
stirpes.
ITEM 5: The Trustee shall possess, among others, the
following powers:
A. To vary or to retain investments, including the stock
of any corporate Trustee named herein, when deemed desirable by the
Trustee, and to invest in such bonds, stocks, notes, real estate
mortgages or securities or in such other property, real or personal
as the Trustee shall deem wise, without being restricted to so-
called "legal investments" and without being limited to any statute
or rule of law regarding investments by fiduciaries.
B. In order to effect a division of the principal of a
Trust or for any other purpose, including any final distribution of
a Trust, the Trustee is authorized to make said division or
distributions of the personalty and realty partly or wholly in
kind. In the event a division or distribution is made in kind,
such division or distribution shall be made at the fair market
value of the property at the date of division or distribution.
MARK A?"SUNDERLAND
5
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
Should it appear desirable to partition any real estate, the
Trustee is authorized to make, join in and consummate partitions of
lands, voluntarily or involuntarily, including giving of mutual
deeds, recognizances, or other obligations with as wide powers as
can be exercised by an individual owner in fee simple.
C. To sell either at public or private sale and upon
such terms and conditions as the Trustee may deem advantageous to
a Trust, any or all real or personal estate or interests therein
owned by a Trust severally or in conjunction with other persons,
and to consummate said sale or sales by sufficient deeds or other
instruments to the purchaser or purchasers, conveying a fee simple
title, free and clear of all trust and without obligation or
liability of the purchaser or purchasers to see to the application
of the purchase money, or to make inquiry into the validity of said
sale or sales; also, to make, execute, acknowledge and deliver any
and all deeds, assignments, options or other writings which may be
necessary or desirable in carrying out any of the powers conferred
upon the Trustee in this paragraph or elsewhere in this instrument.
D. To mortgage real estate, and to make leases of real
estate, extending beyond the term of the Trusts hereunder.
1
A SUNDE LAN
6
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
E. To borrow money from any party, including the
Trustee, to pay indebtedness of a Trust and taxes, and to assign
and pledge assets of a Trust therefor.
F. To pay all costs, taxes, expenses and charges in
connection with the administration of a Trust, including a
reasonable compensation to agents.
G. To assign to and hold in trust an undivided portion
of any asset.
H. To do all other acts in its judgment deemed necessary
or desirable for the proper and advantageous management, investment
and distribution of the Trusts.
ITEM 6: If and in the event that FRANCIS E. DAUGHERTY does
not survive me, or is unable to fulfill his duties as Trustee here
under then and in such event, I hereby nominate constitute and
appoint GLAIR L. SUNDERLAND as successor Trustee for the benefit of
my then living children, with full powers as set forth herein for
FRANCIS E. DAUGHERTY.
ITEM 7: I hereby nominate, constitute and appoint my wife,
KIMBERLY D. SUNDERLAND, Executrix of this my Last Will and
Testament, with full power to do any and all things necessary for
MARK A. SUNDERLAND
7
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
the complete administration of my estate, and direct that no bond
or other surety is required of her in this or any other
jurisdiction for her performance of this office.
If and in the event that my said wife, KIMBERLY D. SUNDERLAND,
does not survive me and is not living sixty (60) days after the
date of my death, or does not complete her duties as Executrix,
then and in such event, I hereby nominate, constitute and appoint
FRANCIS E. DAUGHERTY, Executor of this my Last Will and Testament,
with full power to do any and all things necessary for the
complete administration of my estate, and direct that no bond or
other surety is required of him in this or any other jurisdiction
for his performance of this office.
ITEM 8: If and in the event that my said wife, KIMBERLY D.
SUNDERLAND, does not survive me, and is not living sixty (60) days
after the date of my death, I hereby nominate, constitute and
appoint FRANCIS E. DAUGHERTY AND ELIZABETH J. DAUGHERTY, to be the
Guardians of the person of each of my minor children.
If and in the event that FRANCIS E. DAUGHERTY AND ELIZABETH J.
DAUGHERTY do not survive me or are unable to perform their duties
as Guardians of the person of each of my minor children, then and
MARK A S NDERLAND
8
LAST WILL AND TESTAMENT
OF
MARK A. SUNDERLAND
in such event, I nominate, constitute and appoint CLAIR L.
SUNDERLAND and JUDY E. SUNDERLAND, to be the Guardians of the
person of each of my minor children.
ITEM 9: If any provision of this Will or of any Codicil
hereto is held to be inoperative, invalid or illegal, it is my
intention that all the remaining provisions thereof shall continue
to be fully operative and effective, so far as is possible and
reasonable.
IN WITNESS WHEREOF, I, MARK A. SUNDERLAND, the Testator, have
to this my Last Will and Testament, typewritten on nine (9)
consecutively numbered pages, subscribed my name and affixed my
seal this /~tfj day of j~~t~~r.~. 1996.
L.1L~~G-~ ( SEAL )
Signed, sealed, published and declared by the above named MARK A.
SUNDERLAND, as and for his Last Will and Testament, in the presence
of us, who have hereunto subscribed our names at his request, as
witnesses hereto, in the presence of the said Testator, and of each
other.
Y ` ^ M
~!~~~ ~ residing at .~_• ~ ` _/
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9
OATH OF SUBSCRIBING WITNESS(ES)
Cumberland
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
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Estate of Mark A. Sunderland ,Deceased
Anthony L. DeLuca, Esq. & Marjorie A, DeLuc~each) a subscribing witness to
(Print Names)
the ®Will ®Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that €~l~/ they vans /were present and saw the above Testator /t~'i~~x sign the same
and that ~Sl~ex/ he /~ signed the same and that ~1~ /they signed as a witness at the request of
the Testator / t~~l~k in ~i2ft~/ his presence and in the presence of each other.
...c
(Signature)
i~~ .~
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this ~ ~~ day
of ,,
eputy forfor Register of Wil
7
C,~, ,~ ',~~lZ~~=v
(Signature)
(Street Address)-
~,~~ Lti~~ ~ /~~~~~
(City, State, Zip
Executed out of Register's Office ~ n
Sworn to or affirmed and subscribed g ri ~ w ~
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before me this ~ ~ ~ day ~ ~ ~.
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(Signature and Seal of Notary or other official qualified to w ~
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administer oaths. Show date of expiration of Notary's Commissio~j ~_ ~ D
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-03 rev. 10.13.06