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HomeMy WebLinkAbout11-15-104. IN RE: Estate of Roberta S. Baldwin, IN THE COURT OF COMMON PLEAS Deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DNISION .v c~ D ~~~ ~ _ ._ ,\ , "~ rn~n O !.~:~'' C ~,r i T7 i._; PETITION FOR PROBATE OF CONFORMED COPY OF a ~ ~ c ~ ~i TYPED WILL AND HAND-WRITTEN LIST Q~ O = __ TO THE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY: ~~ r r r~-, .n~ G't AND NOW, come the Petitioners, John E. Slike and M & T Bank, by and through their attorneys, Saidis Sullivan Law, and aver the following in support of this Petition: 1. Petitioners are the Executors in the above referenced Estate having been appointed by the Register of Wills on August 31, 2010. 2. Decedent is Roberta S. Baldwin, who died on August 17, 2010. 3. The Will of the Decedent admitted to probate by the Register of Wills was ahand-written Will executed by the Decedent on January 12, 1995 (the "hand-written will"). A copy of the hand-written will is attached hereto as Exhibit "A." 4. Petitioners also offered for probate two additional documents: (a) a conformed copy of the Decedent's typed will executed by her on January 19, 1995 (the "typed will"); and (b) a list of tangible personal property with proposed distributees executed by Decedent on January 19, 1995 (the "hand-written list"). These documents are attached to this petition as Exhibits "B" and "C," respectively. The typed wifl and the hand-written list were not admitted to probate when first offered. 5. One of the Petitioners herein, John E. Slike, Esquire, was the scrivener of both the hand- written will and the typed will, and personally witnessed Decedent's execution of each document. 6. The typed will executed by the Decedent on January 19, 1995 is almost identical to the hand-written will admitted to probate, the only change being the addition of a paragraph relating to the disposition of articles of tangible personal property not designated on the hand-written list. w In both the hand-written will admitted to probate and the conformed copy of the typed will executed by Roberta S. Baldwin on January 19, 1995, the bulk of her estate is given to seven named charitable organizations: (a) Franklin and Marshall College, (b) Chatham College, (c) West Shore Public Library, Camp Hill, PA, (d) Mount Calvary Episcopal Church, Camp Hill, PA, (e) Dickinson College (f) Harrisburg Academy, (g) Mercersburg Academy 8. Decedent was a widow without children and her intestate heirs aze three first cousins who are not named as beneficiaries in either the hand-written will or the typed will, although in the typed will dated January 19, 1995, the children of one of the first cousins are permitted to choose undesignated items of tangible personal property from her house. Despite a diligent search by the Executors neither the typed will nor the original hand- written list of tangible personal property has been located. 10. The search was complicated by the fact that Decedent retained at her house thousands of documents throughout her two story house, including legally pertinent documents such as deeds, health care directions and powers of attorney mixed in with decades old accumulated newspaper articles, cards, notes, receipts, bank statements, greeting cards, civic club materials and other items which normally would have been discarded years ago. 11. It is the firm belief of the Petitioners that the Decedent's original typed will and original typewritten list of beneficiaries were not intentionally destroyed by Decedent but were misplaced. 12. The Decedent's Estate consists of tangible personal property, real estate, and intangible property believed to be in excess of $600,000.00. 13. The persons or institutions having an interest in this Petition are the following: Beneficiaries Under the Handwritten Will Bonnie Baldwin Kress 2821 Combe Hill Trail Raleigh, NC 27613 Anthony Arms (believed to be deceased) k i Adele Baldwin 10025 Glenn Street Bakersfield, PA 93312-2769 Tatiana Reese (sic) (believed to be deceased) F&M College c/o Mary Ann M. Cooke, Associate Director of Gift Planning P.O. Box 3003 Lancaster, PA 17604-3003 Chatham College Woodland Road Pittsburgh, PA 15232 Dickinson College c/o Joe Martellaro, Gift Planning Officer P.O. Box 1773 Carlisle, PA 17013-2896 Mercersburg Academy 300 East Seminary Street Mercersburg, PA 17236 Harrisburg Academy 10 Erford Road Lemoyne, PA 17043 Camp Hill Public Library (West Shore Library) 100 North 19~' Street Camp Hill, PA ' 17011 Mt. Cavalry Episcopal Church 123 North 25"' Street Camp Hill, PA 17011 Beneficiaries Under the Conformed Couv of the Tvoed Will Tatiana C. Reed (believed to be deceased) Bonnie Baldwin Kress (same address as above) Adele Baldwin (same address as above) Franklin & Marshall College (same address as above) Chatham College (same address as above) e West Shore Public Library (same address as above) Calvary Episcopal Church (same address as above) Dickinson College (same address as above) Harrisburg Academy (same address as above) Mercersburg Academy (same address as above) Children of Barbara Tuttle Lawrence Tuttle 27 Flynt Avenue Monson, CA 01057 Colby Tuttle 38 Mechanic Street Upton, MA 01057 Joyce Hams 206 Sugar Hill Road Williamsburg, MA 01096 Joan Vargas Department of Human Resources 10205 Channel Island Drive Austin, TX 78747-2697 Kathleen Cota P.O, Box 91 163 Montgomery Avenue Extension Pittsfield, MA 01202-2633 Handwritten List "Bonnie" Fbelieved to be Bonnie Baldwin Kress, same address as above) Stephen Kress 5104 Melbourne Road Raleigh, NC 27606-1748 i t Intestate Heirs Barbara Swann Tuttle 20 Quaboag Heights drive Monson, MA 01057 Peter Swann 5 Carlisle Court Westport, CT 06880 Sherwood Swann P.O. Box 217 Newport, NC 28570-0217 14. Petitioners believe and aver that of the persons identified in paragraph 13, above, Tatiana C. Reed and Anthony Arms have predeceased Decedent. (Tatiana C. Reed was erroneously identified as Tatiana Reese in the hand-written will.) WHEREFORE, Petitioners respectfully request that the conformed copy of the typed will of Decedent dated January 19, 1995 and the hand-written list of disposition of tangible personal property bearing the same date be admitted to probate. Respectfully submitted, SAIDIS SULLIVAN LAW Daniel L. Sullivan, Esquire Supreme Court ID No. 34548 26 West High Street Carlisle, PA 17013 (717)243-6222 Dated: 1~1 w • I S ,'1010 VERIFICATION We, the undersigned Executors of the Estate of Roberta Baldwin, hereby verify and state that the facts set forth in the foregoing Petition are true and correct to the best of our knowledge or information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§4904 relating to unsworn falsification to authorities. Jo ike (. M&T By: as Mo in, .P. r. L' _ _. f}~ ,//~ .~/C. i /'_~-Q f~~l-$~'~-~~~ ti--~,h C>L-~_-~.8"=CSC/-r4-ac..r.'~ G .._. -n ,~- ~ / ~ /~, rL (U/ x~'7 '/ - -- l ,~ ~,~~ ~, C~~zE~ ~~~ ~ ---- . ~ . --- ~ , ~~ : ~~ _ _ ~/~~ddr h? ~C'~C. ~~ ~/1 /..... .. ~_ o ~' - _ __ _. ~/// .•~ 2 cam- ~ / _ ~`~`'"~~~ ~~~~,/F ~ s /y 7_~~~ ~~ ~ i ~/ - ~ L LA6T WILL AND TESTAMENT OF ROBERTA S. BALDWIN 2, ROBERTA S. BALDWIN of the Borough of Camp Hill, Cumber- land County, Pennsylvania, declare this to be my Last Will and Testament, hereby revoking any will previously made by me. I - I direct the payment of all my just debts out of my estate as soon as may be practical after my death. II - Z bequeath to my friend, Tatiana C. Reed of Harrisburg, PA, my white gold diamond cluster ring, my yellow gold ring with diamond cluster center with two side diamonds, my yellow gold bracelet with three small diamonds, and my lapis lazuli set comprised of a necklace, bracelet and earrings. III - I bequeath my Taiwan desk, Chinese lacquer coffee AIDIS, GUIDq SHUFF & MASLAND 2109 Mazket Stroet Camp Hill, PA table and pastel picture of her father to Bonnie Baldwin Kress. Should she predecease me, these items shall be distributed to her son, Stephen Kress. IV - I bequeath my Atmos clock to Adele Baldwin, laughter of my deceased husband. V - I bequeath certain other items of my tangible personal property, -not-including -cas-h -and -securities, . in -a.c-cor-. dance with a written list made by me during my lifetime. In the Page 1 absence of such a list or designation on said list, I direct that my executor hereinafter named distribute the following items as indicated and shall sell the remainder of said tangible personal property and add the proceeds to the residue of my estate:. A. I bequeath my pearl necklace with .filigree of diamonds pendant, matching bracelet and earrings to Bonnie Baldwin Kress, daughter of my deceased husband. Should she predecease me, these items shall be distributed to her daughter, Susan Kress. B. I direct that my executor shall allow the children (and their spouses) of my cousin, Barbara Tuttle, to choose any articles of my tangible personal property notprevi- ously mentioned in this will or a written list, and that the balance of said tangible personal property be sold. VS - I bequeath the sum of $10,000 to my friend, Tatiana C. Reed. VII - I devise and bequeath all the rest, residue and AIDIS, GUIDO, SHUFF & MASLAND L109 Market Street Camp Hill, PA remainder of my estate of whatever nature and wherever situate as follows: A. 20~ of said residue shall be paid to Franklin & Marshall College, Lancaster, PA; B. 20~ of said residue shall be paid to Chatham College, Pittsburgh, PA; C. 20~ of said residue shall be paid to the West Shore Public Library, Camp Hill, PA; D. 15~ of said residue shall be paid to Mt. Calvary Episcopal Church, Camp Hill, PA; E. 10~ of said residue shall be paid to Dickinson I 1ege,___Carlisle, PA; _ Page 2 ,~ F. 10~ of said residue shall be paid to Harris- burg Academy, Wormleysburg, PA; G.. 5$ of said residue shall be paid to Mercers- .burg Academy, Mercersburg, PA; VIII - I appoint Dauphin Deposit Bank and Trust Company ~IDI5, GUIDO, SNUFF & MASLAND ;109 Markel Street Camp Hill, PA and John E. Slike, Esquire, Executors of this, my Last Will and Testament. Neither of my personal representatives shall be required to post bond in this or any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this, the ~ Cl. ~ day of ~; G~fi~c. , 1995 . //.~//~cb[~~T"a~ S ~3a ~d~l~ (SEAL) Roberta S. Baldwin Signed, sealed, published and declared by ROBERTA S. BALDWIN, Testatrix therein named, on this and two (2) other sheets of paper as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses, ~~,~ , f ~ s Name Name .----__ _ _ ._ Address _ _ Address Page 3 R S COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) WE, the undersigned, the testatrix and the witnesses, respectively, whose names are signed to the foregoing instru- ment, being first duly sworn, do hereby declare to the under- signed authority that the testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly (or willingly directed another to sign for her), and that she executed it as her free will 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 witnesses 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. Testatrix Witness Witness IDIS, GUIDO, SHUFF & MASLAND 109 Market Sweet Camp Hill, PA Subscribed, sworn testatrix, and subscribed nesses, this day of to and acY,nowledged bef ore me by the and sworn to before me by both wit- 1995. 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