HomeMy WebLinkAbout09-28-10PETITION FOR PROBATE AND GRANT OF LETTER~~
Register of Wills of Cumberland County, Pennsylvania
Estate of Margaret R. Yarnall File No. ~ ~ - •` ''~ -- ~'~~14 y
also known as Margaret R. P. Yarnall
Late of: HampdenTownship, Cumberland County ,Deceased
Social Security Number
177-16-1806
Petitioner(s), who is/are l 8 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 executor named in the Last Will of the Decedent,
dated February 3, 1994 and codicil(s) dated January 12, 1999.
None
(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 instruments 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 durance absentia; durance mirtoritate)
Petitioner(s) after a proper search has/hare ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and compete list of heirs.
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. '~ -% ;--~ ..
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residences -"' `--;-~ ~~' --~=
at 30 West Lauer Lane Camp Hill PA 17011 ---~ `"~ ~ ~ - ~`'-"
(list street, number and municipality) ~' ~ ~~" ~ ~ ~ ~'
Decedent, then 93 years of age, died on September 6, 2010, at Holy Spirit Hospital Camp H~11, PA
Decedent at death owned property with estimated values as follows:
(lf domiciled in PA) All personal property $_ 400,000
(If not domiciled in PA) Personal property in Pennsylvania $_
(If not domiciled in PA) Personal property in County $__
Value of real estate in Pennsylvania $_ 250,000
situated as follows: 30 West Lauer Lane Hampden Township, Camp Hill, PA 1701 1
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 undersi~,ned:
Si re Typed or printed name and residence
~ ~ /~~~ ~ - ~ .~ ~~~ ~ ~ Lloyd R. Persun
403 N Lewisberry Road
Mechanicsburg, PA 17055
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
Commonwealth of Pennsylvania
SS
County of Cumberland
The Petitioner(s) above-named swear(s) and 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 yell and truly
administer the estate according to law. ~~
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Sworn td~ and affirmed and subscribed
Si atur of Personal Representative
before me this _ .~ ~~ ._ day of
Signature of Personal Representative t, ~' ~~ c ~ -
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Estate of Margaret R. Yarnall aka Margaret R. P. Yarnall ,Deceased ~
Social Security No.: 177-16-1806 Date of Death 09/06/2010
AND NOW, ~,~~ Il }~~~'' Y ~' ~ 7L ~~ ,inconsid eration of the foregoing Petition,
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Lloyd R Persun
in the above estate
and that the instrument (s) dated February 3 1994 and January 12 1999
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
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Attorney Signature 1
Attorney Name Vi Ann Trimmer
Supreme Court I.D. No.: 49679
P O Box 659
Address: 1700 Bent Creek Blvd
Telephone:
Mechanicsburg, PA 17055-0659
717-620-2440
18466v1
Form RW-OZ rev. 10.13.06 Pa;~e 2 of 2
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LAST WILL AND TESTAMENT `~~c7
OF ~ -.~ ~,;,,, r--
MARGARET R . YARNALL ~,_ ~ ~ ~
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I, MARGARET R. YARNALL, of the Township of Hampden,:~:ounty Of
Cumberland and Commonwealth of Pennsylvania, being of sound a~i
disposing mind and memory, and not acting under undue influence of
any person whomsoever, do make, publish and declare this instrument
to be my Last Will and Testament, in the manner and form following:
FIRST: I hereby expressly revoke all Wills, Codicils and
testamentary writings of whatsoever kind or nature heretofore made
by me.
SECOND: I hereby direct my Executors, or their successors, to
pay all my just debts, expenses of administration and funeral
expenses out of my estate as soon as is practicable after my
decease.
THIRD: Under date of May 3, 1985, I entered into a
Antenuptial Agreement with my husband, G. WINFIELD YARNALL, which
provides, in part, that the securities, and other property,
tangible and intangible, real and personal, belonging to me and as
described in said Antenuptial Agreement, shall be, upon my decease,
distributed as provided in my Last Will and Testament. I,, there-
fore, give and bequeath said property, standing in my individual
name at the time of my decease, and all increases or changes from
securities and other property, tangible and intangible, real and
personal, so described in said Antenuptial Agreement, in the manner
set forth herein. All such property, however, that was contained
and described in said Antenuptial Agreement, and which may at the
time of my decease be in the joint names of myself and my husband,
G. WINFIELD YARNALL, except my interest the recently acquired real
property owned by me and my husband located at 30 W. Lauer Lane,
Hampden Township (Camp Hill), Cumberland County, Pennsylvania,
shall not be affected by this provision of my Last Will and
Testament, as my husband and I have provided for distribution of
such real property in our respective Wills in the manner set forth
therein.
FOURTH: I give and bequeath unto my children, hereinafter
named, who shall be living at the time of my decease, a]Ll of my
jewelry, furniture, automobiles and other articles of personal use
and adornment, in such manner as they shall mutually determine. If
my said living children are unable to agree to the distribution of
such personal property, my Executors or their successors shall
determine the distribution thereof and to whom distribui~ed, and
such determination shall be final and conclusive upon my said
children. Notwithstanding the above, there may be signed and
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attached to this Will a list of some of my personal propert:y which
should be delivered to the child named and designated thereon as a
specific bequest(s) to said child, as if such bequest would have
been included in this Will.
FIFTH: I give and bequeath unto my son, JOHN A. PERSUN, the
sum of One Hundred Thousand ($100,000.00) Dollars. If my said son,
JOHN A. PERSUN, should predecease me, but leaving issue surviving,
this bequest shall not lapse, but shall be paid to such issue, and
in equal shares if there be more than one issue surviving„
SIXTH : I give and bequeath unto my son, ANDREW M . PERSUN, the
sum of One Hundred Thousand ($100,000.00) Dollars. If my said son,
ANDREW M. PERSUN, should predecease me, but leaving issue
surviving, this bequest shall not lapse, but shall be paid to such
issue, and in equal shares if there be more than one issue
surviving.
SEVENTH: All the rest, residue and remainder of my property,
real, personal and mixed, of which I may die seized or possessed,
or over which I may have the power of testamentary disposition, of
whatsoever kind and wheresoever situate, I give, devise and
bequeath in equal shares to my sons, LLOYD R. PERSUN, JOHN A.
PERSUN and ANDREW M. PERSUN. If any of my above-named sons shall
predecease me, but leaving issue surviving me, I give such deceased
son's share of my estate to his issue, in equal shares, and in the
event such son shall predecease me without issue, then such
deceased son's share shall pass, in equal shares, to my surviving
sons.
EIGHTH: I hereby direct that all estate, inheritance,
transfer and succession taxes which may be assessed in consequence
of my death of whatsoever nature and what jurisdiction ,imposed,
shall be paid out of the principal of my general estate to the same
effect as if said taxes were expenses of administration and all
property includible in my taxable estate, including, but not
limited to, proceeds of life insurance policies, whether or not
passing under this my Last Will and Testament, shall be :Free and
clear thereof. My Executors, or their successors, shall ,likewise
have the right and privilege, in their discretion, to pay the taxes
on future or remainder interest immediately or may postpone the
payment of taxes on future or remainder interest until i~he time
possession accrues to the beneficiary therein.
NINTH: As used in this Will, the masculine pronoun shall
include the feminine and the singular shall include the plural.
TENTH: The rights, titles, benefits, interests and estates of
any beneficiary hereunder shall not be subject to the rights or
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claims of his or her creditors nor subject nor liable to any
process of law or court, and all of the income, principal, or other
benefits shall be payable, and deliverable only, wholly,
exclusively and personally to the designated beneficiaries
hereunder at the time the designated beneficiaries are entitled to
take the same under the terms of this instrument.
ELEVENTH: I hereby direct that my Executors, oar their
successors, shall not be required to give bond or other scecurity
required by law or otherwise, for the faithful performance of their
duties, whether as Executor or as successor Executor.
TWELFTH: I hereby give unto my Executors, or their
successors, the fullest power and authority in all matters or
questions pertaining to the administration of my estate, executing
the provisions of this my Last Will and Testament, including, but
not by way of limitation, the power and authority to determine all
doubtful questions which may arise in the construction of this my
Last Will and Testament; I further hereby authorize and empower my
Executors, or their successor, pending settlement of my esttate, to
sell, convey, mortgage, lease, exchange, encumber or oi~herwise
dispose of any and all of the property, real, personal or mixed at
any time belonging to my estate, either at public or private sale,
without prior approval of any court, and at such times and for such
price or prices and in any such case upon such terms as i~hey may
think best in their discretion, and I authorize and empower my said
Executors to execute, acknowledge and deliver to the purchasers,
grantees, mortgagees, vendees, assignees or other persons, such
contracts, deeds, mortgages, bills of sale, and al:l other
instruments of writing necessary or proper without obligation upon
the latter to see to the proper application of the proceeds. They
shall also have the power to compromise or otherwise sE~ttle or
adjust any and all claims, charges, debts and demands whatsoever
against, or in favor of my estate as fully as I could do if living.
They shall further be empowered to carry on and conduct any
business enterprise which I may be engaged in at my dE~ath, to
retain any assets, including stocks or securities which I may own
at the time of my death, pending settlement of my estate, without
regard as to whether or not such assets or securities are legal
investments for fiduciaries. Pending settlement of my estate, they
shall also have the authority in their discretion to convert, sell,
exchange or dispose of such assets and securities either for cash
or for terms satisfactory to them and to acquire other- assets
without limitation to securities or investments as may be declared
legal for investment of trust funds. They shall further be
empowered to borrow money, and to pledge assets of my estate as
security therefor, for the purpose of paying taxes which may be
levied upon or payable by my estate in accordance with this Will
and in the event that funds in the hands of my Executors nor their
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successors shall be insufficient to pay such taxes, and if ,, in the
opinion of my Executors, or their successor, it appears that
conversion of securities and other assets, real and personal, would
then be made at a sacrifice.
THIRTEENTH: I hereby nominate, constitute and appoint my son,
LLOYD R. PERSUN, and THE FIRST BANK AND TRUST CO., MECHANICSBURG,
PENNSYLVANIA, a PNC Bank, to be Executors of this my Last Will and
Testament. In the event THE FIRST BANK AND TRUST CO.,
MECHANICSBURG, PENNSYLVANIA shall consolidate or merge with another
corporation of fiduciary character, and having the power to act as
Executor, including a national bank in this state having the proper
permit to act as Executor, then I nominate and appoint such
successor corporation as the successor Executor under this my Last
Will and Testament, and I direct that it shall have all the rights,
powers and privileges conferred hereinabove upon THE FIRST :BANK AND
TRUST CO., MECHANICSBURG, PENNSYLVANIA.
IN WITNESS W EREOF, I have hereunto set my hand and s~aal this
~Tc~- day of 1994.
r
y~.
Maf are~~' R. Yarnall "
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SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named
Testatrix, MARGARET R. YARNALL, as and for her Last V~lill and
Testament consisting of four (4) pages, in the presence of us, who
at her request, in her presence and in the presence of each other,
all being present at the same time, have hereunto set our ;hands as
witnesses:
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REGISTER OF WILLS .:
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CUMBERLAND COUNTY, PENNSYLVANIA ._: = "_~~ -~" ~ '- ~ ~'
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Estate of Margaret R. Yarnall ,Deceased
{each) a subscribing witness to
(PrintNameJs)
th~ill~odicil(s} presented herewith, {each} being duly qualified according to law, depose(s) and
says} that she / he /they was / ~e~e present and saw the above T-foster / Testatri:~c sign the same
1
and that she / he / they signed the same and that shy / he / they signed as a witness at the request of
the Tes~tor /Testatrix in her / leis presence and in the presence of each other.
(Signatur
315 N. Front Street
(Street Address}
Harrisburg, PA 17108-0741
(City, State, Zip}
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
day
of ,
Deputy for Register of Wills
(Signature)
(Street Address)
(City, State, Zip}
Executed out of Register's Office
Sworn to or affirmed and subscriibed
befo me this G/~~ day
of ,~ioL~
~~
Notary Public
My Commission Expires: oZ~l~+'~oZO//
(Signature and Sesi of Notary or other officiai qualified to
administer oaths. Show date of expiration of Noi~ry's Commission.)
NOTE: To be taken by OfC~cer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarizakion.
COMMONWENL~TH OF P'ENNSI'LVA(Vla
Form RW-03 rev. 10.13.06 Natarlal Seal
RW-o3 Connie L H~tniy, Notary Pubic
MY~Co~mmhe~~ Courriy
ElKpkes Feb.16„ 2011
Member, Pennsplvenfa Aasoointirv~ ~~ I~ht~ries
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OATH OF NON-SUBSCRIBING WITNESS(E-° ~ `' ~'
N f' ~
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REGISTER OF WILLS °-
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CUMBERLAND COUNTY, PENNSYLVANIA .~ C~ -+'1
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Estate of Margaret R. Yarnall, Deceased
Andrew M. Persun and
being duly qualified according to law, deposes and says that he was well-acquainted with Margaret R. Yarnall
and am familiar with the handwriting and signature of the decedent, and that the signature of Margaret R. Yarnall
to the foregoing instrument purporting to be the Last Wi11 and Testament of Margaret R. Yarnall is in her own
proper handwriting.
(.Signature)
(Signature)
3820 Pamay Drive
(Street Address)
Mechanicsburg, PA 17055
(City, State, Zip)
Executed in Regi~+ter's Office
Swt~rn r.;~ or affit~-r2?ed and subscribed
before me this = ~ ~~ day
eputy for Regisier of Wills
(Street Address)
(City, State, Zip)
18473v1
Form RW-04 rev. 10.13.06
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CODICIL TO WILL ~- o -~~'
ET R. YARNALL r ~ ? ~'' -u
MARGAR _ ,.~ m rv
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I, MARGARET R. YARNALL, of the Township of Hampderi~~unty a~ ~ :~ --r~
Cumberland, Commonwealth of Pennsylvania, the within named Testatrix, do he ~ y `~ ~r' ~- ;
make and publish this Codicil to my Last Will and Testament, dated February 3,
1994.
I hereby modify said Last Will and Testament as follows:
ITEM I: ITEM THIRTEENTH of said Last Will and Testtament is
amended to read as follows:
THIRTEENTH: I hereby nominate, constitute and
appoint my son, LLOYD R. PERSUN, to be the Executor of this my Last
Will and Testament. In the event of his death, inability or refusal to
serve, I nominate, constitute and appoint my son, JOHN A. PERSUN,
to be the Executor. In the event of the deaths of both of my said sores or
their inability or refusal to serve, I nominate, constitute and appoint my
son, ANDREW M. PERSUN, to be the Executor. The Executor and
Custodian are specifically relieved from the obligation of filing bond or
entering security.
ITEM II: The following ITEM FOURTEENTH is hereby added t~o said Last
Will and Testament:
FOURTEENTH: If a beneficiary under the age of twenty-one (21)
years is entitled to receive assets under this Will, the person who served
as the Executor shall receive those assets as Custodian for the
beneficiary under the Pennsylvania Uniform Transfers to Minors Act.
The Custodian may receive and administer all assets authorized by law,
and shall have full authority as provided in the Pennsylvania Uniform
Transfers to Minors Act to use assets in the manner the Custodian
deems advisable for the best interests of the beneficiary. I also
designate the person who served as the Executor as successor Custodian
of any property for which I am custodian under any Uniform Gifts to
Minors Act or Uniform Transfers to Minors Act.
~-
Testament.
In all other respects I confirm and ratify my aforesaid Last Will and
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
/~ day of January, 1999.
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MAR ~ ET R. YA,~NALL
We, the undersigned, hereby certify that the foregoing Codicil was
signed, sealed, published and declared by the above-named Testatrix as and for a
Codicil to her Last Will and Testament, in the presence of each of us, who, at her
request and in her presence and in the presence of each other, have hereunto set our
hands and seals the day and year above written, and we certify that at the time of the
execution thereof, the said Testatrix was of sound and disposing mind and memory.
~ , csEai.~
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Residing at o20~ ~~a~~ ~.xt .
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Residin at O ~~ ~.~. ~-~.--~~~_~., .~~~
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Residing at ;i
164517 1
OATH OF SUBSCRIBING WITNESS(ES) c_3
t~ ~ ~ .~
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REGISTER OF WILLS 1 ~ ~~ n ~"°' {- ~ `~}
N ~., ,
CUMBERLAND COUNTY, PENNSYLVANIA r =~ ~: C°` ~ --
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Estate of Margaret R. P . Yarnall, Deceased
Linda J. Olsen a subscribing witness
to
(Print Name/s)
the ^Will Codicil(s) presented herewith, being duly qualified according to law, deposes and
says that she was present and saw the above Testatrix sign the same and that she signed the sarrle and that she
signed as a witness at the request of the Testatrix in her presence and in the presence of each other.
(Signature)
(Street Address)
~._
(Signa re)
204 Stephanie Drive
(Street Address)
Dillsburg, PA 17019
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
day
Deputy for Register of Wills
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
.~
before me this /~ day
''
~~
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) at time of notarization.
COMMONWEAt.'t'H OF PENNSYLVANIA
lssosvi N TAO RIAt SEAL , .
Form RW-03 rev. 10.13.06 RHONpA L. (,qNG, Rjotaty Flubtic
City of Harrisburg, Daupt~rf ~COUnty
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS C~
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CUMBERLAND COUNTY, PENNSYLVANIA ~ ~{..~ ~
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Estate of Margaret R. P. Yarnall, Deceased _~`~
C.a~ "~`_
cs7 _~ ~~-~ ~, ~;
_? ,
H Marguerite Crum a subscribing witness to
(Print Name/s)
the ^Will ®Codicil(s) presented herewith, (each) being duly qualified according to law, deposes and
says that she was present and saw the above Testatrix sign the same and that she signed the same and that she
signed as a witness at the request of the Testatrix in her presence and in the presence of each other.
(Signature)
29 Longwood Drive
(Street Address)
Mechanicsburg, PA 17050
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
day
Deputy for Register of Wills
(Signature)
(Street Address)
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before., me"this
~ ~-~,,
day
ofd ~~~~ _~ , ,~ D
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~ -
otary Public
My Commission Expires: ~c'~~~.~- ~~ L~~ ~ ~' ~ ~
(Signature and Seal of Notary or other o facial qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) at time of not;~rization.
C'~INMCINW~I" 0.~'1`FN~,_P~NN YLVAN~A
Notarial Seal
Julia A. VYieman, Nokary Public
18474v 1 Silver Spring 7wp., Cumk~erland County
Form RW-03 rev. 10.13.~J6 My Commission Expires.Au9. 28, 2013
Memkser, Pennsylvania AsSa~aEfon of Notaries