HomeMy WebLinkAbout10-26-10PETITION FOR PROBATE AND GRANT OF LETTE~tS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Danelle D. Villaronga File Number ~ ~- ~ ~ + ` O~
also known as
,Deceased Social Security Number
Petitioner(s), who is/are 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 Cynthia L. McKinney named in the
last Will of the Decedent dated 1998 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
(If applicable, enter.• c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have 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 complete list ofheirs.)
Name Relationshi Residence
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
121 E. Portland Street, Mechanicsburg, PA 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 47 years of age, died on October 14, 2010 at 121 E. Portland Street, Mechanicsbur;~, PA 17055
Decedent 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 Pennsylvania
situated as follows: 121 E. Portland Street, Mechanicsburg, PA 17055
$ 10,000.00
e 90_~~~_(1(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 undersigned:
~ ~ ~'y~ Cynthia L. McKit,~tey, 10~ Westwi~ew Dr.y;~echanicsburg, PA 17055
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Form RW-02 rev. ro.~3.06 Page 1 of 2
C7 : ~ ;,
Oath of Personal Representative = ~ , ~_-
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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_`~r correct t~ the best of_
r- - - _ -
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well art~ruly
administer the estate according to law. ~ _
Sworn to or affirmed and subscribed
before me the ~' ~ day of
s~
1
For the Register
of
Signature of Personal Representative
Signature of Personal Representative
File Number: ~_! .. ! a ~ 1 D~
Estate of Danelle D. Villaronga Deceased
Social Security Number: 211-56-9225 Date of Death: October 14, 2010
AND NOW, C~~~e~ ~~ , ~D 1~, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Cynthia L. McKinney
in the above estate
and that the instrument(s) dated 1998
described in the Petition be admitted to probate and filed of record as the last Will (and
FEES
Letters ............... $ ~ ' 0 0
Short Certificate(s) ... ~Q .. $ ' V V
R ciation(s) .......... $
... $ 'Uv
,._,. -
... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $ 0.00
~~,
iciJ~s)) of Decedent.
Attorney Signature: Register of Wills ~ l ~ ~~j~ fG~
~'° ``~-~~7T'
Attorney Name: R. Mark Thomas, Esquire
Supreme Court I.D. No.: 41301
Address: 101 South Market Street
Mechanicsburg, PA 17055
Telephone: (717) 796-2100
Form RW-02 rev. 10.13.06 Page 2 of 2
~i-is-ia69
I, DANELLE D. VILLARONGA, of Mechanicsburg, Cumberland
County, Pennsylvania, make, publish and declare this as and for
my Last Will and Testament, hereby revoking all other Wi]_ls and
Codicils heretofore made by me.
FIRST: I devise and bequeath all the rest, re:~idue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, in equal shares, to
my children, RAFAEL L. VILLARONGA and CURTIS E. McKINNEY„ pro-
vided that should any of my children predecease me, I give and
bequeath such child's share unto his issue per stirpes by repre-
sentation, and if there be a failure of same, then I givE~ and
bequeath such deceased child's share to my surviving chi:Ld as
provided herein.
SECOND: Should any of my children not have atitainea
the aqe of twenty-one (21) years at the time for distribution to
him, I give, devise and bequeath the share of each such child to
my hereinafter named Trustee or Trustees, IN SEPARATE TRI:JSTS, to
hold, manage, invest and reinvest the shares so received, and to
use and apply from time to time such portion of income and
principal for the said child's education (including collage,
trade school or other similar training or education), support and
welfare as my Trustee or Trustees, in their sole discretion, deem
advisable. My Trustee or Trustees may make the payments for the
support and maintenance of my children directly to said ~~hildren
or to my Guardian or Guardians, as hereinafter named, as
required. Any payments made by my Trustee or Trustees pursuant
hereto shall be made without further responsibility to tlhe said
children, my Guardian or Guardians, or to any person taking care
of my children. The Trustee or Trustees, in exercising their
discretionary authority with respect to the payment of income or
principal of the within Trust to my child, shall take intro
consideration any income or other resources available to my child
from sources outside this Trust. In addition, my hereinafter
named Trustee or Trustees shall have the right, in their sole
discretion, to purchase and pay for out of the principal,, as well
as income, such insurance policies as will provide for the
minor's medical care.
. Any income or principal not so applied shall bE~ dis-
tributed to each child when he attains the age of twenty--one (21)
years. In the event my child dies prior to the termination of
this Trust, the interest of my child in said Trust shall cease
with any income and principal being divided evenly between or
among my other children or the separate trusts established
hereunder for their benefit. If, however, said child is survived
by any children, my Trustee or Trustees shall pay net income of
the Trust to or apply the same for the benefit of such children
of my deceased child, in such amount or amounts as my Trustee or
Trustees, in their sole discretion, deem advisable for the
support, welfare and maintenance of said children. Any .income or
principal not so applied shall be distributed when such children
of my deceased child attain the age of twenty-one (21) years.
THIRD: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
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(B) To partition, subdivide, or improve real a-state
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds,, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilegE, granted
in insurance policies or in other investments.
(F) To exercise any election or privilege givE~n by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
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laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, a:nd for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plain) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
(J) To make immediate payments for the support and
maintenance of my children or child to said children or child
directly or to his Guardian or Guardians as are deemed to be in
the best interest of said child or children.
FOURTH: I nominate and appoint my sister, CYNTHIA L.
3
a
a
McKINNEY, as Trustee of the hereinabove described trusts. In the
event of the death, resignation or inability to serve for any
reason whatsoever of the said CYNTHIA L. McKINNEY, I nominate and
appoint my sister, LISA M. McKINNEY, as Trustee of the he:rein-
above described trusts. I direct that my Trustee shall serve
without bond and shall receive fair and reasonable compensation.
FIFTH: I nominate and appoint my sister, CYNTHIA L.
McKINNEY, as Guardian of the person of my minor child, CLTRTIS E.
McKINNEY. In the event of the death, resignation or inak>ility to
serve for any reason whatsoever of the said CYNTHIA L. Mr.KINNEY,
I nominate and appoint my sister, LISA M. McKINNEY, as Guardian
of the person of my minor child, CURTIS E. McKINNEY.
SIXTH: I nominate and appoint my sister, LISA M.
McKINNEY, as Guardian of the person of my minor child, RAFAEL L.
VILLARONGA. In the event of the death, resignation or inability
to serve for any reason whatsoever of the said LISA M. Mc:KINNEY,
I nominate and appoint my sister, CYNTHIA L. McKINNEY, a:a
Guardian of the person of my minor child, RAFAEL L. VILLARONGA.
SEVENTH: I direct that all inheritance, estatE.,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, shall be paid out of
the principal of my residuary estate.
EIGHTH: All interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
able, shall not be subject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liability of any
beneficiary, and furthermore, shall not be subject to pledge,
assignment, conveyance or anticipation.
NINTH: I nominate and appoint my sister, CYNTHIA L.
McKINNEY, Executrix of this, my Last Will and Testament. In the
event of the death, resignation or inability to serve for any
reason whatsoever of the said CYNTHIA L. McKINNEY, I nominate and
4
appoint my sister, LISA M. McKINNEY, Executrix of this, my Last
Will and Testament. I direct that my Executrix, Trustee or
Trustee, Guardian or Guardians, as the case may be, and their
successors, shall not be required to post security or a bond for
the performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this ,,,~'~ da of
Y
~~,~~,~ , 19 9 8 .
(~~EAL)
DANELLE D. VILLARONGA
Signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament in our
presence, who, at her request, in her presence and in thE~
presence of each other, have hereunto subscribed our names as
attesting witnesses.
'~' ,.~~J
Ad es
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c~ ,~ Via,
Addres __, ~
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OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
Cumberland COUNTY, PENNSYLVANIA
Estate of Danelle D. Villaronga _ ,Deceased
~c°t/D/I /(.~ /' /lC 1~/ /Ic° and t/I ~ ~' G ) h _ ,
(each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well-
acquainted with Danelle D. Villaronga and am/are familiar
with the handwriting and signature of the decedent, and that the signature of Danelle D. Vil~:laron~a
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
Danelle D. Villaronga is in his/her own proper handwriting.
(Signature)"
7~C3/ ~r ,~m ~ LC;r~/e
(Street Address) / - ~j
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed a//nd subscribed
before e this ~(D ~~ day
of ~~~~
w
putt' for Register of ills
ign ure) , `
(Street Addres )
BG ~ ~"/~ /7tZSu'~
(City, State, Zip)
Form RW-04 rev. 10.13.06