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Home My WebLink About12-09-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Kenneth J DeMartyn ~ /' ~ ' also known as File Number Deceased Social Security Number 168-48-3353 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 /are the Personal Representative last Will of the Decedent dated March 31 2010 named in the 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 for probate, was not the victim of a killing and was never adjudicated an incapacitated person: B. Grant of Letters of Administration (Ifapplicable, enter: c.t.a.; d. b.n.c.t.a.; pendente liter durance absentia; dura`n~te. ornate ~ Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the followin souse tf an) •~ 9 Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in SectionA above and complete list of heirs.) g p ( Y) theirs: '~ (I (COMPLETEINALL CASES:) Attach additional sheets ijnecessary, Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at _ 1505 Grandview Avenue Mechanicsbur (List street address, townlcity, township, county, state, zip code) Decedent, then 55 years of age, died on November 23 2010 at DUKE UNIVERSTTY HOSPITAL, Durham NC Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) $ 50,000.00 Personal property in Pennsylvania $ (If not domiciled in PA) Personal ro e Value of real estate in Pennsylvania p p rtY in County $ $ 185,000.00 situated as follows: 1505 Grandview Avenue, Mechanicsburg, PA 17050-5914 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the the undersigned: grant of Letters in the a.,,,~,.,,.:.,.e ~ ~ ._ Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA , I I SS COUNTY OF ~1~ ; 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. ~ „ ~ Swom to or affirmed and subscribed before me the ,~ day of ~4l 0O r the Register ~~ Signature of Personal Representative ~'tgnature of Personal Representative Signature of Personal Representative File Number: ~. Estate of Kenneth J DeMartyn Deceased =---~ 0 ~ ~ ~ ~ f~ m .~~{~~j `*r---'~---F~t ... r`-" ~~ ~- Social Security Number: 168-48-3353 (' Date of Death: November 23 2010 AND NOW, ~ ~ T ~ P V p20IO having been presented before me, IT IS DECREED that Letters Testamenonsideration of the foregoing Petition, satisfactory proof are hereby granted to Donald A DeMartyn, peronnal representative and that the instrument(s) dated March 31, 2010 in the above estate described in the Petition be admitted to probate and filed of r n ~rd as the last Will (and Codicil(s)) of,T,)ecedent. FEES Letters ............... $ ~JI O. ~' `~ Short Certificate(s) ........ $ ~ Renun~ation(s) .......... $ ` ... $ ~ •~ ... $ ~~ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ ~ , ~~' Register of Wills Lr ~D~ "`'1" Attorney Signature: Attorney Name: James A Miller squire -MILLER LIPSITT LLC Supreme Co I.D. No.: 61352 Address: 765 Poplar Church Road Camp Hill PA 17011 Telephone: 7177376400 Form RW-02 rev. 10.13.06 Page 2 of 2 ~ U~ ~~~ DURHAM :COUNTY REGISTER OP DEEDS DURHAM, NORTH CARQLiNA roo~THCAnouwn o~ pF ~TM nHp riuww . CERTIFICATE OF DEATH :% , e? ; a .~. NORT~I CAROLINA - DurhAm County The foregoing is a true and accurate copy as recorded in the office of Deeds of Durham County, Durham, N.C. the Registez of Witness b3' my hand and officiai seal this day of ember 2A1Q WILLIE L. CUVINGTON gy Register of heeds Wit/ eptity egister of Deeds.: MILLER LIPSITT LLC Attorneys at Law 765 Poplar Church Road, Camp Hill, PA 1701 1 I p (717) 737-6400 fax (717) 737-5355 I fames@paatlaw.com LAST WILL AND TESTAMENT Kenneth J DeMartyn BE IT KNOWN THIS DAY THAT, I, Kenneth J DeMartyn, of Cumberland County, Pennsylvania, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made. ARTICLE ONE ~ °-- Marriage and Children ~ {~ ~"~ I am single and without natural born children. ~+ ARTICLE TWO ~ ~ ~' ~~ Debts and Expenses - -- •- ., ~~ I direct my Personal Representative to pay all costs and expenses of my last illness and f expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts. ARTICLE THREE Specific Bequests of Real and/or Personal Property No property left under this article. ARTICLE FOUR Primary Residence I direct that my homestead or primary residence, if I own a homestead or primary residence on the date of my death, be sold with the proceeds equally divided between niece, Dawn Angela Fleming and my nephew, Michael Lynn Wagner. ARTICLE FIVE All Remaining Property -Residuary Clause I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of to niece, Dawn Angela Fleming and my nephew, Michael Lynn Wagner. equally, per stirpes. ~/ MILLER LIPSITT LLC Attorneys at Law ARTICLE SIX Appointment of Personal Representative, Executor or Executrix I hereby appoint my brother, Donald Allen DeMartyn, as Personal Representative of my estate and this Will. In the event my Personal Representative shall predecease me, or, for any reason, shall fait to qualify or cease to act as my Personal Representative, then I hereby appoint my sister, Barbara Ann Wagner, to serve as successor Personal Representative of my estate and Will. The term "Personal Representative", as used in this Will, shall be deemed to mean and include "Personal Representative", "Executor" or "Executrix'. ARTICLE SEVEN Waiver of Bond, Inventory, Accounting, Reporting and Approval My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. ARTICLE EIGHT Powers of Personal Representative, Executor and Executrix I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representative, all powers that are allowed to be exercised by Personal Representatives by the laws of the State of Pennsylvania and to the extent not prohibited by the laws of Pennsylvania, the following additional powers: ~. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform Trustees' Powers Law," and/or "Probate Code" adopted by the State of Pennsylvania. 2• To compromise claims and to abandon property which, in my Executor's opinion is of little or no value. 3• To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust funds, or in any other property, real, personal or mixed, as my Personal Representative may deem advisable, whether or not such investments or property be of the character permissible by fiduciaries, without being liable to any person for such retention or investment. 4• To settle, adjust, dissolve, windup or continue an which I may own a partnership or equity interest at the time of my death,nsubjelct howevere, to the terms of any partnership or other agreement to which I am a party at the time of my death. I authorize my Personal Representative to continue in an periods and upon such terms as they shall determine. My Peasonnal Represetntative sh II not be disqualified by reason of being a partner, equity owner or title holder in such firm from Signed by Testator, KJD: 9 -2- MILLER LIPSITT LLC Attorneys at Law participating on behalf of my estate in any dealings herein authorized to be carried on between my Personal Representative and the partners or equity owners of any such partnership or other entity. 5• To lease, sale, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions in such manner as may be deemed advisable by my Personal Representative, all without court approval. 6• To sell, exchange, assign, transfer and convey any security or property, real or personal, held in my estate, or in any trust, at public or private sale, at such time and price and upon such terms and conditions (including credit) as my Personal Representative may deem advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing bond or other security, or in any way obtaining court authority or approval for any such sale, exchange, assignment, transfer or conveyance of any real or personal property. 7• To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder. 8. Unless otherwise specifically provided, to make distributions (including the satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an undivided interest therein, or partly in cash and partly in other property, and to do so with or without regard to the income tax basis of specific property allocated to any beneficiary and without making pro rata distributions of specific assets. 9. To determine what is principal and what is income with respect to all receipts and disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes, insurance premiums, and any other purpose deemed necessary and proper by them and to partite and to distribute property of the estate or trust in kind or in undivided interests, and to determine the value of such property. 10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder, and to deposit or withdraw securities under any such proceedings. 11. To perform such acts, to participate in such proceedings and to exercise such other rights and privileges in respect to any property, as if she or he were the absolute owner thereof, and in connection therewith to enter into and execute any and all agreements binding my estate and any trust created hereunder. 12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust, to litigate any such claims, including, without limitation, any claims relating to estate or income taxes, and to agree to rescind or modify any contract or agreement. 13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representative shall determine, and to give such security therefor as my Personal Representative may determine. Signed by Testator, KJD: -3- MILLER LIPSITT LLC Attorneys at Law 14. To choose the alternate valuation date for federal estate tax purposes, without regard to whether the size of any marital deduction share will be increased or decreased thereby, and without requiring reimbursement; 15. If I am married at the time of my death, then to join with my Spouse or the personal representative of my Spouse in filing a joint income tax return without requiring my Spouse or the estate of my Spouse to indemnify my estate against liability for the tax attributable to the income of my Spouse and to consent to an my lifetime being treated as having been made one-half by me for pu pos s of the federalrgift tax law. No bond shall be required of any fiduciary hereunder in any jurisdiction. All authorities and powers hereinabove granted unto my Personal Representative shall be exercised from time to time in her or his sole and absolute discretion and without prior authority or approval of any Court, and I intend that such powers be construed in the broadest possible extent. ARTICLE NINE Construction Intentions It is my intent that this Will be interpreted according to the following provisions: The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural, and vice versa. The term "testator" as used herein is deemed to include me as Testator or Testatrix. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative and it is my intent that any Court so interpreting same construct this Will and any provision in favor of survival. I direct that this Wilt and the construction thereof shall be governed by the Laws of the Commonwealth of Pennsylvania. Signed by Testator, KJD: -4- ~ MILLER LIPSITT LLC Attorneys at law I, Kenneth J DeMartyn, having signed this Will in the presence of Courtney A Burbank and Shawndel Staruh who attested it at my request on this Wednesday, March 31, 2010 at 765 Poplar Church Road Camp Hill PA 17011, declare this to be my Last Will and Testament. Kenneth J M rtyn Testato The above and foregoing Will of Kenneth J DeMartyn was declared by Kenneth J DeMartyn in our view and presence to be his Will and was signed and subscribed by the said Kenneth J DeMartyn in our view and presence and at his request and in the view and presence of Kenneth J DeMartyn and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Kenneth J DeMartyn on this Wednesday, March 31, 2010 __~. Witness Signatur ~ Witness Signature Print Name: Courtney A Burbank Address: _765 Poplar Church Rd Print Name: Shawndel Staruh City, State Zip: Camp Hill PA 17011 Address: 765 Poplar Church Rd Phone: - City, State Zip: Camp Hill PA 17011 717 737 6400 Phone: 717 737 6400 Signed by Testator, KJD• ~ ~ -5- MILLER LIPSITT LLC Attorneys at Law Commonwealth of Pennsylvania: Ss: County of Cumberland: I, Kenneth J DeMartyn, the testator 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 that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Kenneth J DeMartyn, the testator, this Wednesday, March 31, 2010. Kenneth J artyn Testato Signature of officer or attorney Seal and official capa ' of officer 17rof or state of admission ~w~.r.r ~y~ Commonwealth of Pennsylvania: Ss: County of Cumberland: We, Courtney A Burbank and Shawndel Staruh, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed before me by Courtney A Burbank and Shawndel Staruh, witnesses, this Wednesday, March 31, 2010. Courtney A ---~~~ Burbank ~~ Shawndel Staruh Signature of officer or attorney Seal and official capac" officer m or state of admissio nev ~~~ ~~o 20 Pa.C.S.A. § 3132.1 Pennsylvania Self Authenticating Affidavit Signed by Testator, KJD• `~.-V -6- ~s e~ ;~i O t~, a; > OATH OF SUBSCRIBING WITNESS(ES) ~ ~ ~+ . ~,, ,..., REGISTER OF WILLS ~' ~ " ~ ` ~»- Cumberland ~ COUNTY, PENNSYLVANIA ~ =~ ~~ Estate of Kenneth J DeMartyn Deceased Courtney A Burbank and Shawndel Starch (Print Name/s) , (each) a subscribing witness to the ~ Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, deposes and say(s) that she / he /they was /were present and saw the above Testator /Testatrix si n the s and that she J he /they signed the same and that she / he /the si g ame y gned as a witness at the request of the Testator /Testatrix in her /his presence and in the esence of each other. (Signature) 4 ~ Cititit//~~~j~~ ~~~~~~/ . ! I / /~~ (Signature) %~J ' (StreetAddress) (Street Address) try, sta , ztp) ~i!l ~,~ /7C~1/ (City, State, Zip) Executed in Register's Offace Sworn to or affirmed and subscribed before me this day of Executed out of Register's Offce Sworn to or affirmed and subscribed before me this ~ ~ day z_. Deputy for Register of Wills N Myr~ommission Expires: gnature 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 or freR~tWBi~s„~NIA Form RW-03 rev. 10.13.06 ~t~ ~~ NO~ry PAC i1lPrIM1WDt07Mp, CuntbeAalul CarNr can.~wnoA ao, zo~a