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HomeMy WebLinkAbout08-18-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Marva M. Waidley also known as COUNTY, PENNSYLVANIA File Number 21 ~ ~ d ~~"~_ ,Deceased Social Security Number 201-18-5840 Lynn Baddorf Petitioner(s), who islare 18 years of age or older, apply(ies) for: (COMPLETE A' or B' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EX@CUtriX ' named in the last Will of the Decedent, dated 11f~11R/2A1A and codicil(s) dated State relevant prcumstanoas, e.g., n3nundeHon, death W executor, etc. ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of t~-~ instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: j ^ B. Grant of letters of Administration ep , e c..a.; ..n.c..e.; u ure Petitioner(s) after a proper search has/have ascertained that Decedent left no Wiil and was survived by the following spouse (if any) and heirs: (!f Administration, c.t.a. ord.b.n.c.t.a., enter date of wll in Section A above and complete list of heirs.) Name Relationship Residence I tv r-~ : _> ~~. ~ C)p ~~:' ~"~ 3 (COMPLETE IN ALL CASES:) Attach additronal sheets if necessary. '? `- i ~ __ "~' Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resit ce at rj ~~~ "r -~-~ . 2803 Society Hill Drive, Camp Hill, Lower Allen, Cumberland, PA 17011 A ii ~' ~' (List sheet address, fownr(city, township, county, state, z!p code) Decedent, then ~~ years of age, died on 08/11/2010 at 2903 Society HIII Drive, Apt. 301, Camp Hilly Llower Allen Twp, PA Decedent at death owned property with estimated values as follows: ~' (If domicled in PA) All personal property $ i 60,000.00 __ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ H situated as follows: 1~Vheurefogre ne~b'd.'oner(s) respectfully request(s) the probate of the last III and CodicN(s) presented with this Petitbn and the grant of Letters/ in me the appropriate form to Si nature T d or rimed name and resi nce Lynn Baddorf 25 SMrwrogd Cin;le Enola, PA {.17102!3 Form RW-02 Rev. 1a13-2008 copyright (c) 2006 form software ony The Lackner croup, one. ' Page t or 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 t0 the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and, tAUly administer the estate according to law. Sworn to or affirmed and sugscribed befo a this ~~~ day of ~E~Ia - For the 12egister o/ Signature o/Personal Representative File Number: O 21 " .ate!'' d~~~ cry OD ~~ ~:`~ _ ~J, ~ C ~~ Estate of Marva M. Waldley , Dd ~ ___ -~`~~ - Social Security Number: 201-18-5840 Date of Death: 08/71/2010 ~ : ~ ~ I p satisfactory proof in consideration of the foregoing Petiti~n AND NOW, , , having been presented before me, IT DECREED that Letters Testamenta ry !i are hereby granted to Lynn Baddorf ', in tha above estate and that the instrument(s) dated 06/18/2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................................... $ 135.00 snort certificate(s) ....................... $ 40.00 Renunciation(s) ............................ 3 will a 15.00 JCP S 23.50 Automation fee $ 5.00 s S S a s s TOTAL ................................... 3 218.50 At Signature of Personal Representative ! r.,o c~ . ~•~ ; I :-, I .~7 ~ ~ '~~~ ~. At Address: Lynn Baddorf Salzmann Hughes, P Carlisle, PA T Telephone: T17-249-6333 r-am RW-02 Rev. ~ar~-2oas cayriW+~ ici 2ooe ram sonware «,iy ma ~aau~x ora,P, inc. Pace 2 or 2 Supreme Court I.D. No.: .. - - _- - - _. _.. ___ _ _.__-__ _. 7 __~~ _.. __. ~r/O ~(~V 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 16588179 Certification Number This is to certify tlxat the information here given is correctly copied from an original Certificate of Death duly filed with me '',as Local Registrar. The original certificate will be' forwarded to the State Vital Records Office for ermanent filing. / ~ ,.~ G 1.6 2010 Local Registrar Date Issued 4 ©` ~'~ n ~ ~ -7 ~. J y ~ ~ tT i ..'`'r=~ ~ 3 ,; ~i O `' ~ ~. ~ P++~ ++~ COMMONWEALTH OF PENNBY4VAI~A • DEPARTMENT OF HEALTH • VITAL AE60RDS II ~ r ahEMr w T CERTIFICATE OF DEATH ~4EN NI{UYCIIOM tllld akl1XII~Ip afl 1'Nla/Nl STATE FX.E AilMABEp a.Nrned OerM{F+ML maXr,, bA rXW "t 9a 3:'Satlr Bw,XyNUaBr /: DINiflrbMi, day; Mrl : Marva Mae Wa dl .. Female >~ 201- 18 - 5840 u uet 11, 2:010 5..A0• SaM pAalan unsr t urlar t E dr al Bran 7. antl:,Yb a eLFrr al OuM ar . 85 y,~ wart oye Mqr M•ulle March 28, 1925 .Harrisburg, PA -aX.+ ^ EA ~ o•awr ^ ow on~r ^ I ~ n.mrb. ^ aErr-sway ea.Oooiy a own se GN. saw T•9. a O,eXi Edh/MY tlrr Qf n01XrI1Wan, pr:rr,r,rr nedrr) E. wr t+.o2ern d wfpre-OdyaT rb ' Yr +o. riea: Amrl•1n Aida, 8W, Wrk, Mc. Cumberland Lower '.Allen Twp. 2903 Society Hill Drive, Apt. 301 {iiw "~.'rM.ba~'wl,.~ I { white n.aaaat d.aA wee, rata EI,. De r1,w aaw A X F> u ax wr Oeoedeiai wr h Er as OraEr~', Edralr levedY r+Y Malt a•w aanoMe~ +~: MAY Eber: Mrbd Harr Mirkd, u s wrra Fror7 rAdo•e4 Dnoro d +s. sreMhp Spar (X wXe, gia nriden rme~ 'r a ilaa rr.ladrY Homemaker Domestic . . a laeeoyl ~~rr Sra~, ~+~ DaE1pe {+~ a s.) ^ v•_®w 12 ' Widowed +our.arnwreAmwtsrr,aFrb.•,rr,,~~a) 2903 Society Hill Drive Apt 30I o,rd~rti PeAASplyania °aD'rde1" i N•ha 17o.®Vr,D,oabrelMd{h ~~rb~ ne.sba. t Lower .Allen T„y , . Camp Hill PA 17011 T +n.cwXY Cumberland °"'"wD~ ,Td ^ ~a aye , , Aww Gyreao 1! FaErle Nanr,{FLM, n1dd~, w4 wbl tE. Mood, Hrr IFA4 maaR mabbaurrrr{ i (unknown) Rita Irene Kitner Zoe. adanrnFE Nrne fAo• ~ prAA 20e. tXarnraY McMp AddW (Sort eq Ibwn rr,, stp ade{. - Lynn E. Baddorf 25 Sherwood Cirele, Enola, PA X 17025 2te. 11drm a OYpor2m ~ ~} CrrrrYr ^ Oan•XOn ^ B W ^ M M e SIW i 2tU. Dalra a DMPoeMar IAA, dv.Y•M lac. Faso. a IMerrM dcenwrry, awnaorF wooer peal - lid. (OXYrbwn, rte, zp oa0e) r em rn Nhe Crrarbn r Daarbn Arahalyd a.- rbMedwer.aAlr/c•roer2 Yr^MO August 13, 2010 Evans Crematory Sc sefferstown, PA 17088 27e: e( radr) .Llorw Mer4a NemertlAdddled FarAq FS 012 849 L Parthemore FH ~ CS Fnc, P.O. Box 43'1 Nfew~ Cumberland, PA 17070 CarpYb Xrr 29ai MFelwrMN;O. P3a.7oMbrldmy alX+uWOe,drtlr oon,nEMMMr,dNerEPrr.WMd: (SW+•~rd1XN). 23E. Lirrw NinOer pE•Ai• Yaet aaEahla r IYr d dean b ~ tic. Dm SIQwd (Made: d•Y, Yrrl orNa.daerr. 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WAIDLEY, of Camp Hill, Cumberland County, Pennsyl~ n -C C7 C,'~ 7~ ~ing ~ c , -~~ r ~_~ r C ry ~ sound mind, disposing memory and full legal age, do hereby make, publish and dec~ a~ to >~ e '"7 ~' _ my Last Will and Testament, hereby revoking all Wills and Codicils heretofore mad y~'me. 00 --~~ ONE. I direct my Executrix, as the case may be, to pay all of my 4lebts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my ~rpss estate for death tax purposes, whether or not such property passes under this Will, shall b~ paid by the Executrix of my estate. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable beneficf aa~riies, shall be paid by my Executrix from the residuary of my estate. TWO. My Executrix may, at her discretion, compromise claims, bdrrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as she may deem proper; andl invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executrix to sell any realty and/or persoria~lty owned by me at my death and not specifically devised or bequeathed herein, at public or ~~ivate sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simplle, as I could do if living. My Executrix is authorized and empowered to engage in any busirre~s in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executrix. THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate in equal proions to my daughter, WENDY GEHRKE, my sd~l, MICHAEL BENEDICT, my daughter, LYNN BADDORF, my granddaughter, JAMIE BA~DDORF and my granddaughter, MEGHAN BADDORF, subject to the condition that such beneficiary survives me by thirty (30) days. In the event that any of my beneficiaties shall not survive), me by thirty (30) days, that beneficiary's gift shall lapse and I give my estate in equal portions't~ those of the I above named beneficiaries tht do survive my by thiry (30) days. Provided that any gift to WENDY GEHRKE shall be held IN TRUST in accordance with the provision~'of paragraph Four A below. Further provided that if either of my grandchildren are under the a~e of twenty- two (22) years at the date of my death, then any gift to that beneficiary under the a~e of twenty- two (22) years shall beheld IN TRUST in accordance with the terms of paragraph Fur B below. FOUR. Gifts to be held in trust in accordance with the provisions Iof paragraph Four shall be subject to the following: A. For the lifetime of my daughter, WENDY GEHRKE, her inherited Is~are pursuant to paragarah Three shall be held IN TRUST by the hereinafter mentioned Trustee) according to the terms and conditions below: II 1. Unless otherwise stated herein to the contrary, the Trustee, a$ well- as my personal representative, is hereby authorized to retain, unconverted, any pt~gperty, real or personal, that I may own at my death and shall be under no duty to conv~it it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to mr for the use of my daughter so as to supplement the other readily available assets and sources of income (including any governmental aid or benefits) then available to myl daughter or to 2 accumulate it in the sole discretion of the Trustee. The sums so deemed' necessary to supplement the other readily available assets or sources of income ~i#~cluding any governmental aid or benefits), whether all or a pazt of principal or interest lincome, may be accumulated or expended by the Trustee for the use and benefit of my', daughter as in the Trustee's sole discretion seems proper for her housing, support,' maintenance, education, medical caze or general welfaze, keeping in mind that the main ptiarpose of this trust is to provide a supplement for my daughter without disqualifying lied' from being eligible for any governmental aid or benefits. In the event that the existence of this trust would disqualify my daughter from eligibility for significant governmental aad or benefits or should any interest hereunder, whether income or principal, while undistributed and in the possession of the Trustee, be subject to attachment, execution or sequestration by any creditor, assignee, subrogee or provider of benefits, aid or care of, to or for my daughter, then this trust may, at the sole discretion of the herein named Trustee, be'!. immediately terminated and the then remaining principal and accumulated or undist~i>~uted income shall be divided and distributed in equal shazes to my grandchildren, JAMS BADDORF and MEGHAN BADDORF as provided under pazagraph Three above. 2. To the extent that the Trustee does not elect to terminate this T'tust as stated above, this trust shall continue for the lifetime of my daughter as set forth herein whereby upon my daughter's death, the then remaining principal and income he#~eof shall be distributed in equal shazes to my grandchildren, JAMIE BADDORF and MEGHAN BADDORF, per stirpes. 3 B. If any of my benefiaries are under the age of twenty-two (22) years at the date of my death, then that beneficiary's share of my estate shall be held IN TRUST by !tle hereinafter mentioned Trustee according to the following terms and conditions: The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted, any property, real or personal, that I mad own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest an{d to pay over the net income of the trust property, to or for the use of my beneficiaries, or tb accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their continued support, maintenance, education, medical care or general welfare. My primary objective is to ensure the continued support, maintenance, education and medical care of my beneficiaries until they reach the age of twenty-two (22) years. The' gift to each beneficiary subject to this trust provision shall be held separately and each Ibeneficiary's share shall be held in trust for the benefit of that beneficiary only. In the event that any beneficiary of a trust under this section shall not survive until her twenty-second (22na) birthday, all of the principal and income of that beneficiary's trust shall ib~ paid to the other of my grandchildren named in paragraph Three above, to be held iii trust if that beneficiary is under the age of twenty-two (22) years. When any beneficxa~y subject to this trust provision attains the age of twenty-two (22) years, my Trustee shall', distribute all of the then remaining prinicipal and interest of the trust to that beneficiary; discharging my Trustee of any further obligations to that beneficiary. 4 ~_~_~ FIVE. I nominate and appoint my daughter, LYNN BADDORI~, to be the Executrix of this my Last Will and Testament. If LYNN BADDORF has predece~es me, failes to qualify or is not able or does not serve for whatever reason, I then appoint my granddaughter, JAMIE BADDORF, Executrix of this my Last Will and Testament, whereby the skid substitute Executor shall have the same powers as the original Executor hereunder. SEVEN. I hereby nominate and appoint LYNN BADDORF to serve ~s Trustee of the trust created pursuant to Paragraph Four A and Four B hereof. In the evennt that LYNN BADDORF has predeceases me, failes to qualify or is not able or does not serve 'Ifor whatever reason, I hereby nominate and appoint JAMIE BADDORF to serve as Trustee under the condition that she has attained the age of twenty-two (22) years at the time she appointed as Trustee. In the event that an administrator is appointed for my estate, said administrator shall have all of the same powers affored to my Executrix named hereunder. EIGIiT. No Executor, administrator or Trustee acting hereunder sha~l~ be required to post bond or enter security in this or any other jurisdiction. NINE. No beneficiary may assign or anticipate her interest in an~ income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. TEN. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennslylvania. ELEVEN. The Trustee, as well as my Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of rny' beneficiaries, 5 whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraph Four'a~ove: The Trustee, at its discretion, may compromise claims, borrow mosey or retain property for such length of time as it may deem proper, sell lease, pleci~e, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactipns as it may deem proper; and invest trust property and income without restrictipns to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested n't~e respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate ar~d at any time in the sole discretion of the Trustee. IN WITNESS WHEREOF, I have hereunto set m hand and seal this day oaf June 2010. MARVA M. WAI Signed, sealed, published and declared by the above-named person as and ~Fdr a Last Will and Testament, in our presence, who at said person's request, in said person's pr~esce and in the presence of each other have hereunto set our names as subscri ' wi o---~~ • ~ 6 --- ACKNOWLEDGMENT AND AFFIDAVIT We, MARVA M. WAIDLEY, DAVID H. MARTINEAU anal' GINA A. MARTINEAU, the testatrix and witnesses respectively, whose names are s>vgned to the foregoing 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 that sh$ had signed willingly, and that she executed it as her free and voluntary act for the purpose he>~ein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signeal ithe Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AVID H. MARTINEAU GINA A. MARTIN U . SS: Subscribed, sworn to and acknowledged before me by MARVA M. WAIIDLEY, the testatrix herein, and subscribed and swo to before me by DAVID H. MAR'~'~TEAU and GINA A. MARTINEAU, witnesses, this ~~~'Iday of June 2010. Notary b>Uc '. COMMONWEALTH OF PENINS LVANIA Ntxerid Seal Kattcly L Coyle, CL~mbar South Midclebn Twp., My Canniesbn Etq>ires.k~ 8, Member, Pennsylvania Aasociatlan ot! otaries