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HomeMy WebLinkAbout12-29-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of MYRTLE Y. UPHOLD File Number ~ ~ .~ ~ V ~ ~ ~ ~ also known as Deceased Social Security Number 196145340 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) 0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTRIX named in the last Will of the Decedent dated 9/22/94 and codicil(s) dated 17 -I- _ ~ ~'~ ~ ~'~' ~ ~ ~~~Y , ~ (State~elevarX ctr~~~s, e g renunciat~ fond Bath o exe~cu~ or et~c~~r ~ ~~ ! ' Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ttf the~(~strument 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 life; durance absentia; durance rninoritate) 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 of heirs.) ry,~, Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at 505 GARRETT ROAD DILLSBURG PA 17019 WARRINGTON TWP (List street address, townlcity, to-vnship, county, state, yip code) Decedent, then 86 years of age, died on 11/7/10 at BETHANY VILLAGE CUMBERLAND COUNTY LOWER ALLEN TOWNSHIP Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 190,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 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: Signature Typed or printed name and residence BONNIE L. MARCHI Page 1 of 2 Form RW-02 rev. 10.13.06 ~ I.VI-JL L!i [ G Ll ~ fi.[,L C..YJGJ:~ fiuuct: uuaerronai sneers lJ necessary. ~ 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. /f /'~ Sworn to or affirmed and subscribed before me the ~~~ day of For the Register Signature of Pers no al Representative l~'ONNIE L. MARCHI Signature of Personal Representative Signature of Personal Representative File Number: ~ ~ - l0 J ~~ ~~~ Estate of MYRTLE Y. UPHOLD ,Deceased Social Security Number: 196145340 Date of Death: 11/7/10 AND NOW, ~,.~ i ti l~"~' !~ °~~ ,' ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters OF TESTAMENTARY are hereby granted to BONNIE L. MARCHI in the above estate and that the instruments} dated SEPTEMBER 22 1994 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ....................... Short Certificate(s) ~ • • • • Renunciation(s) 1 t ,t~ I ~,~ ~1~~ ~-c~~ n~1c~.~~~ .... $ X2(3 t/~ .... $ ~ ~ cat? .... $ Register of Wills ~, .... $ .... $ .... $ .... $ .... $ .... $ TOTAL ............................. $ C l G Attorney Signature: Attorney Name: Supreme Court LD. No.: 52662 Address: PO BOX 204 YORK SPRINGS PA 17372 Telephone: 717-528-8900 Form RW-02 rev. 10.13.06 Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify that 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 permanent filing. P 16805830 Certification Number NOV 91 p Local Registrar Date Issued r,,~ 1 7`I ~ ~ ~ _. .,~.;-- ~ ~ T ~' i' `~ O --i ~~ ... " -/ ~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS N ~' ~'• r CERTIFICATE OF DEATH ~ (Store instructlons and stumniass on nvnrs- 1. liter d Deaident ~ nndde, Wt. eunbc ~ 2 Bee 0. SxY 3earelly Numtrr 1. DaY d Dean (IdoetMt, ~Y. Y«r) tle Y. hold Female 196 - 14 ,- 5340 November 7 2010 a. Ape M1•M ermeM Unger 1 tlrrear t e. nab a ern 7. sad tteb a e.. PYa d Dann Chack one ~ ogle hoar Messes OIMr. Y~• Shade Ga PA ^ repMleM ^ cA / arpanent ^ Day NasMtp Han ^ FiOOfoMta ^ onar • ~Y ar. Cotedr d DeMh - ec. ary, 9oro, Twp. d Dean ed. FacN,r Name (q not rrnrAlon, OM ereM and n~er) 6. wee Daoedent a HNpario OrtpinT No ^ Y« 10. tieoe: Amerrrn kbart, Btedi, WNIe, ek. Cumberland Lower Allen 'Itap. Bethany Village . ~ ~. ~.~ (Mite 11.Deoedeen'el1eW dwakdon erMM Na.DonotelMe 12 Wee Decadent ever M tlr 13. Deoedrte EeK+anon lea•~Y alN hiOrM 9rde otnpUbd) 14. MerIW 9WIte: MarrNd, Never ManNd, 15. Survithq 9pouee (n wne, plw nrrkrt name) IOrtddwak IOnddeurrMlkekrYy U.S. Amrd Faae4 Y / , ~,1~ Cokge (1~4 a a+i ~e'ed Dlvaad (SAedy) ter i alist llS Naval Base ^ Y« ~ No 1 Widowed ~ ?~~( ~~Q~~ L jtQ ,~ / bwn. stele. SIP Dods) JV J L~sC 1 a . . Acrd ReNdenoe 1h Sleb Uw rf Townk~p7 17c. K Deoedertl LNed in TJL17"Y'l Y1~t,nTt Twp. Dillsburg, PA 17019 ,m Yor „d ~ ,,,,~„~ . ,,, . ~ „ city/9oro 1a. FaMtate Name (FbA, mldSa, rM. aAltl~ 1a Motlrr'e Name (Fleet, rrYddle, mrden aanarrr) Keruteth Yohn Jane Goshorn 20a. kManwn'a Nrne (ryp. / PArM) Bonnie L. Marchi tab. ktlorntarM'e Mewtp Aadraa (Steel. dM /!attn. Mete, bP ads) 505 Garrett Rd. Dillsburg, PA. 17019 21a MMhod d DlpaNlon t ~ Qanebott ^ Dantlion sm ^ F~wr ^ 210. Dale d DMpoeMm (Math. dY. Yw) 21a Plaoe d DYpoeMat (Neon d amMery, aenrbry a olMr plane) 21d. t.oauon (q1Y Iben, wile, zip cads) an . ~ ~°i'"'°"A"'~id Y«^ lb ne.r~ ^ o November 9, 2010 Hollinger Cremation Service Mt. Holly Springs, PA ~ a«MIOe (a vet ~ - 22b. !Janes Nrnber 22c. Name end Aaaree a ~ erS- rner era Ome - 014819 1903 rket St. Hill PA 17011 ConrpteM Nrrr arty velvet «tNykq phyMolen i not aMleble M irr d d«ne b 23a To d •h .dean erne, dw 1"Y~°e• wd nIN) • 23D; lJoenee Number Ua ~ L N 5 23c. Deb ~ (. deY. Yeer) arnfyaere dd«n. - 0? 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P+rDJL~ 1 W R ~C ~ 7'}'YC~1 V ~' r ^ M bole d deMh b Dore nMed on it a b a ore a ' ^ Nd pregwN, but preprwt wlMtn 42 days ~ 1 ~ , ,~ ~ ~~(~ 1'71 ~i./V~~ 1~ ~ .~ ~e1+wb~e~ -~1dulsr°" a /1Ua ~~'f V ~ ^ p r.nrre, but prerw~t Ia aye b 1 yet Due b (a « a oorwglrrae off: e r bebrs deMh d. r t ^ UNatown n preprrre wthln nr peel Y•er 30a W« r Aulopey Penornrd7 30Q WMe Aulopey Frtdrge AwtlabM Prfa b Canplalbn 31. Mererr d Dean 32a. Date d M(ury (Mash. day, year) 320. Deeab How rtJury Ooctared 32c. Plea d r~,ry: Hans. Fenn. StnM, Fattay, d Ceuw d DeanT n •,LL~ ^ ~ '1iT1O OAS l3uibYq. ela• (SP•dY) ^ Y« ^ Y« ^ No ^ Aodderd ^ P«~er~p won ~. Time d Mtury 32a r~ury et Wak7 321. n Trorrpalelbn rqury (Spea/y) 32p. Lpatfon d YtMsy (StreN, dty / bwn. elate) ^ Sulfide ^ Could Nd be DeYmdnad ^ Y« ^ No ^ DrF~er/~~ ^ Peeeenpar ^ Pedestrian M Over • SPeaNj!' 93e. 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H.ga.rr stn ~ ! ~ a ~1~ ~ae~ ~ ~ ~, ar, ~ ~ ~ '~ ~ ~'~•,1 rv 1 I~~[ V I • F---K~I t 1 1 : G ~ - - .. ~ ~ gin - olepaluatPsmAtNo. 0542144 ,n~ ~^~ 11 r-a ~'~ r RENUNCIATION ~ ~ ~~~ --. 1~ REGISTER OF WILLS ~~ ~ ~; CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ Y ~ ~ - ~ ~ - ~ ~ ~1 ~ ~ °` ~ r tom: ~i ~ Estate of MRYTLE Y UPi10p,D ,Deceased I, CONSTANCE RAE UPIlO~D , in my capacity/relationship as (Print Name) CO-EXECUTOR of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to BONNIE LYNN MARCHI (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of . Deputy for Register of Wills (Signature) (Street Address) CAS ~ ~L ~~~~~ (City, State, Zip) 3d~ ~ N c,J ~a ~ ?.e r~~~- Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciat~'on for the pu oses state within on this _~ day of ~ ~2~0 - U . i ~~ty ~~~blit ~ta1t8 C1f F~Ofida Nota P : ~ , ° ~ iw ry ~ ` ~ e +~R~~ My Commission Expire ~' ' ~ ~:~mmR`s ~~~~ DD653317 'f ' ' ~ ..., tryS 03~10i2011 (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 ~ LAST WILL AND TESTAMENT OF MYRTLE Y. UPHOLD ~J ;1 `"~.;t ~ ~(. ~M ~,~_ ~ , ~ ~ ~~+../ ~,~„ o ~,,-, I, MYRTLE Y. UPHOLD, presently of the County of Cumberland, L..«~} f q`~ z.,..~ ~ ~. cv ~ ~ r~ 'r w ~ Commonwealth of Pennsylvania, being of sound mind and disposing memory, ~~ ~~ ~, ~ ~ rc ~, ~,~ realizing the uncertainty of this life, do hereby make, publish and declare this to be ~...;~, ~ ~~-~ my Last Will and Testament, revoking any and all previous Wills and Codicils, and hereby will and dispose of all the property which I own at my death in the following manner: I. As Executor of this my Will I name and nominate my husband, Charles R. Uphold; if he shall for any reason fail or be unable to serve as Executor, either before or during his service as Executor, then I nominate and name my daughters, Bonnie Lynn Marchi and Constance Rae Uphold, as Co-Executors. II. I direct that my debts and the expenses of my last illness and funeral shall be paid by my Executor as soon after my decease as may be convenient. III. All of my automobiles, household and personal effects and other tangible personalty of like nature, together with insurance thereon, I give to my said husband, if he shall survive me; but if my husband does not so survive me, then equally to such 1 ' ahb.upholdwfe of my children as so survive me, to be divided among them as they may determine, or, should they be unable to agree, as my Executor may.decide. IV. I give, devise and bequeath all the residue of my estate, real, personal, and mixed wherever situated, including any property over which I may have any power of appointment, unto the Trustee of the Trust established by that certain Trust Agreement executed ..SC fGw+6~"'_,1994 by myself as Settlor and naming Charles --,~ R. Uphold, Bonnle Lynn Marchl and Constance Rae Uphold as Trustee (hereinafter referred to as "Trustee") to be administered and disposed of as part of the aforesaid Trust as an addition to the principal subject to that Trust Agreement as it exists at my death. V. I give to my Executor, in addition to and not in limitation of common law and statutory powers, all of the powers and discretions given to my said Trustee in the aforesaid Trust Agreement, including amendments thereto, incorporated by reference herein. All such powers and discretions may be exercised by my Trustee or by my Executor without application to any court. In the event said Trust Agreement, including any amendments thereto, shall not be in effect at the time of my death, and/or in addition to the powers therein granted I give. my Executor the following powers, in addition to powers given by law: A. To retain any investment owned by me at my death. B. To make such investments and reinvestments and in such proportions, without limitation to what are known as legal investments, as shall be considered beneficial to my estate, including common and 2 abb.upholdwfo preferred stocks, securities in the corporate fiduciary or in a holding company controlling the corporate fiduciary and common trust funds operated by the corporate fiduciary. C. To (1) participate in any merger or reorganization affecting securities held hereunder at any time; (2) deposit stocks under voting agreements; (3) exercise any option to subscribe for stocks, bonds or debentures; and (4) grant proxies, discretionary or otherwise, to vote shares of stock. D. To manage, operate, repair, alter or improve real estate or other property, and to lease real estate and other property upon such terms and for such periods as my Executor deems advisable. E. To sell (and to grant options for the sale of) any real or personal property at public or private sale for such prices and upon such terms as my Executor considers pxoper, without liability on the purchasers to see to the application of the purchase money. F. To borrow money without liability on the part of the lenders to see to the application thereof, and to mortgage or pledge any real or personal property. , G. To register securities and other property in the name of a nominee. H. To make distribution in kind in shares different in kind from other shares, at valuations to be .fixed within the sole discretion of my Executor. I. To compromise claims. J. To make partial distribution to any beneficiary under this Will, including the Trustee of the said Trust Agreement, including any amendments thereto, mentioned in paragraph N. of this Will, prior to the finale settlement and distribution of my estate. The amounts of such partial distributions, the time or times when they shall be made, and the occasions on which such distribution shall require recomputation of the beneficiaries' proportionate interests hereunder for purposes of equitably allocating income and changing asset values pending final distribution shall be entirely within the discretion of my Executor. K. To determine whether to elect (under Section 2056(b)('~ of the Internal Revenue Code of 1986, as amended, or any corresponding - 3 - ahb.upholdwfa provision of state law) to qualify all or a specific portion of the Trust C (or where applicable, Trust D) property created in Article V of the Trust Agreement between Charles R Uphold, Bonnie Lynn Marchi, and Constance Rae Uphold, Trustees, and Settlor, dated the ~ 2. , 1994, for the Federal Estate Tax Marital Deduction an any marital deduction available under the law of the state in which I am domiciled at the time of my death. I suggest, but do not direct, that in exercising such discretion, my Executor attempt to minimize (or eliminate, if possible) the Federal and .State Estate, Inheritance or other death taxes payable by my estate at the time of my death. However, my Executor should also consider the effect of such election upon the Federal and State Estate, Inheritance or other death taxes which will be payable by my said husband's estate at his death, particularly if she dies before the election must be made. The decision of my Executor with respect to the exercise of the election shall be final and conclusive upon all persons whose interest in my estate are directly or indirectly affected by the election. L. To ~(i) determine the maximum amount of Generation Skipping Tax ( GST) exemption avas~lable for allocation after taking into account all allocations (if any) made or deemed to have been made by me pursuant to Section 2632 of the Code prior to my death, and (ii) allocate such maximum amount to property of which I am the transferor (as defined in Section 2652(x) of the Code) to the following in the order of priority elected by my Executor,. but suggested to be as follows: (a) to all direct skips (as defined in Section 2612(c) of the Code) other than any direct skips resulting from a disclaimer; (b) to property distributed by the Trustee of my said Trust Agreement to Trust B of said Trust Agreement; (c) to property distributed by the Trustee of my said Trust Agreement to Trust C (or where applicable, Trust D); and (d) to property of Trusts A or C of my spouse's Trust Agreement, if any, up to the value of any distribution from either or both of said Trusts. M. To determine whether to elect (under Section 2652(x)(3) of the Code) to qualify all or a specific portion of the Trust C (or where applicable, Trust D) property created in Article V of my said Trust Agreement in order to maximize the amount of GST exemption available for allocation to my estate. N. To distribute the net amount of any funds that my husband, Charles R. Uphold, may disclaim in any qualified plan assets or individual retirement assets to Trust B of said Trust Agreement. - 4 - ahb.upholdwfQ VI. I direct that all estate, inheritance and succession taxes, and interest and penalties thereon, which may be due and payable by reason of my death with respect to any property included in my gross estate for tax purposes, whether or not passing under this Will and any Codicil hereto shall be borne by the principal of my residuary estate passing under paragraphs IV hereof but this direction shall not be construed to detract from the discretionary powers granted to my Trustee under my said Trust Agreement, including any amendments thereto, mentioned in paragraph IV. of this Will. In any event, to the extent that taxes are paid from assets held in the said Trust Agreement, the direction contained in this paragraph shall apply only to such taxes as remain unpaid. I further authorize my Executor to prepay taxes on future and remainder interests if deemed advisable. VII. In the event an election to do so is provided by law, I direct my Executor to claim any expenses of administration of my estate as income tax deductions whenever and to the extent that in my Executor's sole judgment such action will achieve an overall reduction in the income taxes and inheritance, estate and succession taxes for the benefit of my estate and the beneficiaries thereof. I further direct that no compensating adjustments as between income and principal accounts shall be required or made as a result of such action. VIII. I direct that no bond or other security be required of my said Executor or Trustee in any jurisdiction in which they or either of them may act. - 5 - ' ahb.uphold.wfc IX. If my husband and I shall die under circumstances that the order of our deaths cannot be determined or established, it shall be conclusively presumed for all purposes of this Will that I survived my husband. IN V"Vl[TNESS WHEREOF, I have hereunto set my hand and seal this ~~ day of ~ ~~ , 1994, to this my Last Will and Testament typewritten on nine (9) sheets of paper (including witnesses' signatures). ~s~,~ hT~ OLD - 6 - ahb.upholdwfe On the ? day of r- _, 1994, MYRTLE Y. UPHOLD declared unto us, the undersigned, that the foregoing instrument was her Last Will and Testament, and she requested us to act as witnesses to the same and to her signature thereon. She thereupon signed this Will in our presence, we all being present at the same time, and we now, on the same date, at her request and in her presence and in the presence of each other, hereunto subscribe our names as witnesses. And each of us declares that she believes this Testatrix to be of sound mind and memory. a Address Ad Tess Jr~ ~ c/wu G P naare~ - ~ - • ahb.wpholdwfe • ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF \ ~~ ~~~ ~ ~ . I, MYRTLE Y. UPHOLD, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. MYR E Y. A LD sworn or affirmed to and acknowledged before me, by MYRTLE Y. UPHOLD, the Testatrix, this day of , 1994. No rv Public Commission Expires: Notarial Seal Jeannine P g~ ,Notary Public Harrisburg Gxmrrl~esion s~~;'~,`,ss~ - 8 - • ahb.upholdwf~ .. ' COMMONWEALTH OF PENNSYLVANIA ~ :ss. courrrY of ~flcnp~~~. We, Q 1~~nLio l ~/(B~~'Li ~ ~ l~)~o~C and the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me, by .~I q /t~d'~.l~a~ ;~cLOo~ and this da of ~ w., a~ Y , 1994. l~~.~~.~r~~r~ ~I No Public ( ) Expires: Nal~I Seal P ~rY Public ~o i ci~ayp11i'~, ~ ss~ 9