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HomeMy WebLinkAbout12-29-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Fctate of SUSAN E. RAMEY also known as ,Deceased File Number ~ ~ ~ ~ (1 J ~ ~ ~~ Petitioner(s), who is/aze 18 yeazs 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 / aze the executor last Will of the Decedent dated February 26, 2010 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: and WdS not a party to a en nding divorce proceeding at the time of death wherein grounds for divorce had been established ~S c~e~~r~d ~~ ~~~~ section 3 3?..3 (g) . N /~ ® B. Grano a ers o d~~i (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) ~:~ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spou~i~any) and l~s: (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.) ~c~~~ p ~ ~`~ <J °, ~.~ Name Relationshi Residen ~- r` - ~ ~~.' ... ~ i`"i`"i ~"- ~'._ W "'~ = '~'~~"T ..,,.~ _U .' ~~ (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~" C~ (~Ca Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 1292 Summit View Court New Cumberland Lower Allen Township Cumberland County, Pennsylvania 17070 (List street address, town/city, township, county, state, zip code) Decedent, then 53 years of age, died on December 17, 2010 at 1292 Summit View Court, New Cumberland, Lower Allen Township Cumberland County Pennsylvania 17070 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 4,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 190,000.00 situated as follows: 1292 Summit View Court, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania 17070 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: Si e T d or rinted name and residence ~~i ~ John P. Ramey 18 Mounds Road, Apt. 2, San Mateo, CA 94402-1252 1 C/ ~- Form RW-02 rev. 10.13.06 Page 1 of 2 named in the 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 ar~minictPr the estate according to law. Sworn to or affimed and subscribed before me the ~ ~ __ day of F'or the Register .-1 n .;.,~ ature of Personal Representative 7U ~~ -r~ ~-"y ~~ ;~i C ,.~~ Signature of Personal Representative Signature of Personal Representative ~0 . ?J File Number: Estate of SUSAN E. RAMEY ,Deceased '~ :~ t--~ ~, Social Security Number: 477-54-5741' Date of Death: December 17, 2010 AND NOW, J~~ e~lJ~ U / ~ D I ~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to John P. Ramey in the above estate and that the instrument(s) dated February 26, 2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil )) of Decewwdent. Fa' _ ~ /1 / ~ /I lJ _ FEES ~~'' '~ ~"' /„ ~` Q O Re ister o Wills Letters ............. $ l~/ Short Certificate(s) .. ~~.. $ ~~ Attorney Signature: Renu ciation(s) ......~ ... $ ` ©~ inch A. Clotfelter $ Attorney Name: ... $ ~~ J1- Supreme Court I.D. No.: 72963 ... $ 00 Address: 5021 E. Trindle Road ... $ $ Mechanicsburg, PA 17050 ... $ ... $ • • • $ Telephone: (717)796-1930 ... $ TOTAL .............. $ 0.00 ~l0 ~~ Form RW-02 rev. 10.13.06 Page 2 of 2 L I~ ._ I: ~l ~" ~ .X? z"~ s t~~"1 c~~1 fit' ~.,,t G~ ? ~T ~~~ ~ T~T!~E :~ ..~~ ~.. JLJ~~ ~-J ~ ^ / y nC..~ ~i.{ J ~'~ OF ~ ~ -r-, ~ R ~,- ~' =' SUSAN E. RAMEY ~ ~y I, SUSAN E. RAMEY, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. I declare that I am a single woman and that I presently have two (2) children whose names and dates of birth are as follows: JOHN PHILLIP RAMEY, born October 22, 1985 and MARK BRYANT RAMEY, born May 20, 1987. All references in this Last Will and Testament to my children are references to JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, and any and all other children hereafter born to or adopted by me, unless specifically stated otherwise. ARTICLE I FUNERAL EXPENSES I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, in his or her opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. It is my desire that upon my death, my body will be cremated and any costs will be expended from my estate for this purpose. I also wish to have one of my family members take my remains to be Page 1 of 12 G-,~- buried in Calvary Cemetery in Mankato, Minnesota, in the plot where my father is buried. ARTICLE II SPECIFIC BEQUESTS I give, devise and bequeath the following property with all insurance proceeds thereon as follows: (a) One (1) pair of diamond earrings to my son, JOHN PHILLIP RAIVIEY. (b) One (1) pair of diamond earrings to my son, MAR.I~ BRYANT RAMEY. (c) The sum of Five Hundred Dollars ($500.00) to ST. THERESA'S CATHOLIC CHURCH, New Cumberland, Pennsylvania. (d) The sum of Five Hundred Dollars ($500.00) to THE SMILE TRAIN, 41 Madison Avenue, 28th Floor, New York, New York 10010. (e) The sum of Three Hundred Dollars ($300.00) to the CUMBERLAND VALLEY HIGH SCHOOL as a college scholarship to be distributed to a gifted student with financial needs. (e) In the event I do not possess the above referenced property at the time of my death, my estate shall not be obligated to obtain these items, and all of said bequests shall lapse. ARTICLE III PERSONAL PROPERTY 1. I give and bequeath my household furnishings and tangible personal property identified in the most recently dated separate writing in existence at my death, which is signed by me and describes the items given with reasonable certainty, to the persons specified in that writing. It is to be conclusively presumed that I have left no separate writing if one has not been found by or delivered to my personal representative within thirty (30) days after my death. Page 2 of 12 2. I give all of my household furnishings and tangible personal property not effectively disposed of by any separate writing referred to above nor elsewhere in this Will (whether by omission or because I have left no valid separate writing), in equal shares to my children, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, provided they survive me by thirty (30) days, per stirpes. 3. Any devise or bequest of personal property to my children, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY shall be contingent upon the directive that my former spouse, PHILLIP H. RAMEY, his employees, successors or assigns shall at no time have possession, control or any rights with regard to any personal property passing to my sons, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, under this, my Last Will and Testament. ARTICLE IV RESIDUE I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, of any nature whatsoever and wherever situated, in equal shares to my children, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, provided they survive me by thirty (30) days, per stirpes. It is my express intent that the portions of my estate passing to my children, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, shall be held in trust as per Article V. Any devise or bequest to my children, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, regardless of the type of property, shall be contingent upon the directive that my former spouse, PHILLIP H. RAMEY, his employees, successors or assigns shall at no time have possession, control or any rights with regard to any personal property passing to my sons, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, under this, my Last Will and Page 3 of 12 ~~ Testament. ARTICLE V TRUST I appoint my son, JOHN PHILLIP RAMEY, to serve as the Trustee of this Trust, which shall be held, administered and distributed as follows: A. It is my express intent that the portions of my estate passing to my children, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, shall be held in trust as per this provision. Until my children have attained the age or circumstances of full distribution as per the distribution provisions, below, the Trustee shall pay to or apply for the benefit of such child, so much of the net income and so much of the principal from his Trust estate as the Trustee, in his discretion, deems necessary for my children's support, health, maintenance and sums as needed for the purchase of a primary residence. Should the income be insufficient to provide such children with adequate support, health, maintenance, or sums needed for the purchase of a primary residence, the Trustee may invade the principal of the Trust for these purposes. The trustee shall accumulate and add to principal any net income not distributed to each child during the year. B. The Trustee shall accumulate and add to principal any income not distributed during the year. The Trustee is expressly instructed to be very conservative in making investments with same being as safe as possible. The Trustee shall also take all steps necessary to ensure that my former spouse, PHILLIP H. RAMEY, his employees, successors or assigns shall at no time have possession, control or any rights with regard to any property, regardless of the type of property, passing to my sons, JOHN PHILLIP RAMEY and MARK BRYANT RAMEY, under this, my Last Will and Testament. C. It is my intent that the portions of my estate passing to my children as per this Page 4 of 12 G U " '~ Trust provision shall be distributed as follows: 1. If my son, JOHN PHILLIP RAMEY is less than Twenty-Eight (28) years old at the time of my death, all but Twenty Thousand Dollars ($20,000.00) of the portion of my estate passing to my son, JOHN PHILLIP RAMEY, shall be distributed to him when my estate is probated. The remaining Twenty Thousand Dollars ($20,000.00) shall be held in trust as per this provision. My son, JOHN PHILLIP RAMEY shall be entitled to a distribution of Ten Thousand Dollars ($10,000.00) on the anniversary of my death; and the entire amount of his Trust share shall be distributed on the second anniversary of my death, or on or about the date he attains Twenty-Eight (28) years of age, whichever is first to occur. 2. If my son, MARK BRYANT RAMEY is less than Twenty-Eight (28} years old at the time of my death, Twenty-Five Percent (25%) of the portion of my estate passing to my son, MARK BRYANT RAMEY, shall be distributed to him when my estate is probated. Thereafter my son, MARK BRYANT RAMEY shall be entitled to a distribution of Thirty-Three Thousand Dollars ($33,000.00) on the anniversary of my death each year until the entire amount of his Trust share is distributed, or on or about the date he attains Twenty-Eight (28) years of age, whichever is first to occur. D. Should either of my children die prior to the termination of his Trust, the balance of his Trust, after payment of any funeral and burial expenses shall be distributed to his surviving issue, per stiipes. If my child should die and no issue survive him, then the balance of the Trust shall be added pro rata to the Trust estate set aside for my other surviving child, per stripes. If such child should die and no issue survive him and the share of the Trust set aside for my other child has been distributed in full, then the Trustee shall distribute the balance to my surviving child or to his issue, per stiipes. Should all of my children predecease me or die prior to the termination of this Trust none of then is survived by any issue, then the balance of the Trust estate shall be divided and distributed to my sister, CATHERINE J. WALSER, presently of 13974 615' Avenue, Mapelton, Minnesota, per stripes, such that any issue shall represent and take their deceased parent's share. Should my sister, CATHERINE J. WALSER, predecease me and leave no surviving issue, then the balance of the Trust estate shall be distributed to my mother, LOIS M. Page 5 of 12 ~j'~ NEUBERT. Should my mother, LOIS M. NEUBERT, fail to survive me by thirty (30) days, then the balance of the Trust estate shall be divided in equal shares to my nieces and nephews, JESSICA JACOBSON, ANDREW WALSER, EMILY CALDWELL, LAURA GUNSOLUS, ROBERT WALSER, NICHOLAS WALSER, and MEGAN WALSER, per stirpes. ARTICLE VI TRUST POWERS In order to carry out the purposes of the Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: i. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; ii. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; iii. To engage in litigation and compromises, arbitrate or abandon claims; iv. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such proposes to make reasonable determinations of current values; v. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected hereby; vi. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; vii. To manage, control, repair and improve all estate property; viii. To procure and carry at the expense of the estate, insurance of the kinds, forms and amounts deemed advisable by the Trustees to protect the estate and the Page 6 of 12 ~7 _ Trustees against any hazard; ix. To employ any attorney, investment advisor, accountant, broker, tax specialist, or any other agent deemed necessary in the discretion of the Trustee; and to pay from the estate reasonable compensation for all services performed by any of them; x. To conduct alone or with others any business in which I am engaged or in which I have an interest at my death, with all the powers of any owner with respect thereto, to invest other property held hereunder in such business and to organize a partnership or corporation to carry on such business; xi. To do all the acts, to take all the proceedings, and to exercise all the rights, power and privileges which an absolute owner of the property would have, subject always to the discharge of it fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied power of the Trustees; the Trustees shall have all additional powers that may now or hereafter be conferred on the Trustees by law or that may be necessary to enable the Trustee to administer the Trusts in accordance with the provisions of this Will, subject to any limitations specified in this Will. ARTICLE VII ALTERNATE TRUSTEE In the event of the death, resignation, renunciation or inability of my son, JOHN PHILLIP RAMEY, to act as Trustee, then I appoint my sister, CATHERINE J. WALSER, in his place and stead with the same powers, rights, discretions, obligations and immunities. ARTICLE VIII PERSONAL REPRESENTATIVE A. I appoint my son, JOHN PHILLIP RAMEY and my friend, LINDA A. CLOTFELTER, as co-personal representatives of this Will. In the event of my son, JOHN PHILLIP RAMEY'S, death, resignation, renunciation or inability to act in that capacity, then I appoint my sister, CATHERINE J. WALSER, as the alternate co-personal representative of this Will in his place and stead. B. No bond or other security shall be required of any Personal Representative appointed in this Will. Page 7 of 12 ~ U' C. I grant my co-personal representatives the following powers in addition to and not in limitation of such powers as my personal representative shall hold by law and I direct that the act of one co-personal representative shall be sufficient to carry out an act: (i) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (ii) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (iii) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (iv) To operate any business that I may own at my death. (v) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his or her absolute discretion, although my co-personal representatives are expressly instructed to be very conservative in making investments with same being as safe as possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (vi) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in his or her absolute discretion. (vii) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (viii) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (ix) To distribute in cash or in kind upon any division or distribution of my estate. (x) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. Page 8 of 12 ~ ,~ ~~ (xi) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him or her may seem best and to execute and deliver all instruments and to do all acts which he or she deems necessary or proper to carry out the purposes of this, my Last Will and Testament. ARTICLE IX SPENDTHRIFT CLAUSE No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. ARTICLE X SURVIVAL If any provision of the Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as it is possible and reasonable. ARTICLE XI PAYMENT OF TAXES All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature, together with any interest and penalties thereon, payable by reason of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid as soon as practicable out of the residue of my estate. Page 9 of 12 IN WITNESS WHEREOF, I hereunto set my hand to this my Last Will and Testament this u~~ day of February, 2010. WITNESSES: ~u.sc~, ~ , ~ad~u_ SUSAN E. RAMEY Page 10 of 12 ~, t ., ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, SUSAN E. P;AMEY, the testatrix whose name is signed to the attached or 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. ~~ ~. ~R SUSAN E. RAMEY Sworn or affirmed and acknowledged before me by SUSAN E. RAMEY, the testatrix this ~ day of February, 2010. Nl~aMlW, fEAt, :i4AAliN A iN~ilR NOIO~y -ubMc MA~OEN 1MIR CtMAiEALA1r0 C4YMIY Nhr Con~~on F.b ~ a. zoo s ~-- N ARY PUB Page 11 of 12 ~~ ~, AFTi TnAVTT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. WE, ~ ++~a~-~ S~,.~,~~ and (~~ ~C c.~c~--~F'E~~ ~ ~ ,the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw SUSAN E. RAMEY 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 subscribing witness in the hearing and sight of the testatrix signed the Last Will and Testament as witnessed and that to the best of our knowledge the testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~• n p J Sworn or affirmed and subscribed before me by -T1~~ and (~ ~~ this ~ day of February, 2010. ~t S14A~vli! A Si1~AfFER NOIOty lYl~No ~ !M~ CiNN~[ilM~ NO ARY PUBLIC Mfr CannN~Mor~ ixple~ !~ f •. 201 z Page 12 of 12 ~~ ~~ ~~w c~:.* ~ RENUNCIATION ~ ~ ~ ~r ~ ~~ ITt N r-~-, t'f"1 t~ ~ ~ ~ . ~...J t.~ REGISTER OF WILLS c ao ~ 'T~' `"' :` =~° T CUMBERLAND COUNTY, PENNSYLVANIA O ~ ---t ~ .. . ;--~ rn r ~I ~-1 ~ - ~ ~ 7 ...~ ~' Estate of SUSAN E. RAMEY ,Deceased administer the Estate of the Decedent and respectfully request that Letters be issued to JOHN P. RAMEY (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills I, LINDA A. CLOTFELTER , in my capacity/relationship as (Print Name) Executrix of the above Decedent, hereby renounce the right to (S ature) 021 E. Trindle Road (Street Address) Mechanicsburg, PA 17050 (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day of , 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.) Form RW-06 rev. 10.13.06