HomeMy WebLinkAbout01-19-11~ .~
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Cecilia W. Proctor File Number // I ' 11 ~ Q,C~ 6 d
also known as 2G 1 r q /'1 ~a Gf1r
Deceased Social Security Number 193-30-~ 151
Eric S. Proctor '~
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 Executor ' named in the
last Will of the Decedent dated 3/9/07. and codicil(s) dated i~
(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 instrume~(s) off~d
or probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~ r~; l~ c. 7
~ - - :z7
_~ ~ r r;
B. Grant of Letters of Administration `~ ~ ~
(If applicable, enter: c. t. a.; d. b.n.c.t.a.; pendente liter durante absentia; dur ate) -V _r..
' ^ "n '~" --
Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following if any) aplbheirs~~f TT
Administration, c. t. a. or d. b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ ~ ~ ~~
Name Relationshi Reside c
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal reSi$ence at
4905 E. Trindle Road. Hampden Township. Mechanicsbure. Cumberland County. PA 17050
(List street address, town/city, township, county, state, zip code)
Decedent, then 80 years of age, died on 12/28/2010 at Cazolyn Croxton Slane Residenc~, Susquehanna Township
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ' 1,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $ 'I
Value of real estate in Pennsylvania , f,~ $
situated as follows: ~' `" ~ ' /t O~Q
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Le~ters in the appropriate form to
the undersigned:
i- L_i __
Form RW-02 rev. 10.13.06 Page 1 Of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF ~j~.~/~'N.GY/).~GQ/YY1IJ
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, Pe6tioner(s~ will well and truly
administer the estate according to law. ~ ~
Swom to or affirmed and subscribed
1~-
before me the ~~ day of
For the Register
Signature of Personal
Signature of Personal Representative
Signature of Personal Representative
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File Number: ~-
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Estate of Cecilia W. Proctor ' De ~
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Social Security Number: ~ I ~ `~ `~ ~ ~ ~ Date of Death: Z Zo/0' ~-.~ `
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AND NOW, ~ , in consideration of the foregoing Peti6 ort, satisfa~tdry proof
having been presented be ore me I D CREED tH'at Letters ~'
~ "
are hereby granted to
. _
iin, the~above estate
and that the instrument(s) dated O7
_ --
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decede nt.
FEES
' .d0
Letters ............... $ Register Ills
~~ ,:-
Short Certificate(s) .$...... $ 32.x° Attomey Signature: ~
Renunciation(s) .......... $ a
'
,
~ f I I Ben
amin J. Butler
Attorney Name: J
~
$ ~
~~ S • • • $ 23•~ Supreme Court LD. No.: 81948 '~i
~t-FomA~on ... $ S. oo
Address: 500 N. Third Street
$
... $ P.O. Box 1004 I
$
$ Harrisburg, PA 1710-10 04
... ~T ~
' ' ' $ Telephone: 717-236-1485 ~
... $
TOTAL .............. $ 5.50 ~ 'i
Form RW-01 rev. 10.3.06 Page 2 of 2
105.gp5 REV (Ol/07)
21-11-c~'~'
LOCAL REGISTRAR'S CERTIFICATION OF DE~b-TH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 17046289
Certification Number
This is to certify t~4at the information here given is
correctly copied'frdrru an original Certificate of Death
duly filed with mej as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for (permanent filing.
JAN 0 ] 1011
Local Registrar ', Date Issued
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a nEV ttneob COIAMONMIEALTN OF PENNBYLVMNA • DEPARTMENT OF HEALTH • VRAL RECORDS ~ C7"y ~:n p
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CERTIFICATE OF DEATH ~'"`
(SM NaUUetlons ~rtd ~ on fNtMIN) .,.,z ~. ~ w.r~wa ~
t.n.n.do,raatlgr.nrs~.rt•+0 ter ssxwaeaq~tw,rar e. a Irr.v«n
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CLERK OF
LAST WILL AND TESTAMEN~I~RPHAIv'~ u~J~T
~v1EEr LA.~D ~,O.I, PA
OF
CECILIA W. PROCTOR
I, CECILIA W. PROCTOR, now of Lower Allen Township, Cumberland County,
Pennsylvania, do hereby declare this to be my Last Will and Testament and hereby revoke all
prior Wills and Codicils made by me.
ITEM I. I direct that all of my just debts and funeral expenses, including the cost
of my gravemarker, if any, shall be paid from my residuary estate as soon as practical after my
decease as a part of the administrative expenses of my estate.
ITEM II. I direct that my burial be in the plot next to my mother'si grave in Holy
Cross Cemetery, Harrisburg, Pennsylvania.
ITEM III. I direct my personal representative to acquire four (4) grrave sites at
the Holy Cross Cemetery, Harrisburg, Pennsylvania, of the use of my children andl grandson,
KENNETH B. SCHMIDT. If four (4) plots adjacent to each other are not availablle at that
cemetery, I direct that the plots be acquired at the Gate of Heaven Cemetery, Mechanicsburg,
Pennsylvania.
ITEM IV. I give my two paintings by Samuel D. Thomas, formerliy of
Blossburg, Pennsylvania, to him if he is living and, if not, to his then living heirs at law.
ITEM V. I give to my granddaughter, CASSONDRA NICOLE PROCTOR, my
Grandmother Wert's gold filigree band ring with ruby, sapphire and diamond. If she is not
sixteen (16) years of age at the time of distribution of the ring to her, the same shall be
distributed to and held for her until she attains age sixteen (16) by her parents.
ITEM VI. I give my household goods and personal effects to my spn and
daughter-in-law, ERIC and LISA PROCTOR, and my daughter, DIANE J. SCHM~IDT, to be
C~~,%C;~Ci~.J `lJ ~ CJi
Cecilia W. Proctor
divided and distributed as they determine, except that my friends, DEBRA WHITl~OYER and
CORY WILKERSON, shall have the choice of such items as they desire as keepsiakes of me.
ITEM VII. I give my cat(s) to my friend, DEBRA WHITMOYEI~.
ITEM VIII. I give to each of the following of my grandchildren t~c sum of Five
Thousand ($5,000.00) Dollars: CASSONDRA NICOLE PROCTOR, COLLIN P~OCTOR and
ABIGAIL PROCTOR.
ITEM IX. I give the sum of Fifty Thousand ($50,000.00) Dollars Ito my son,
ERIC S. PROCTOR, as Trustee, in trust for my grandson, KENNETH B. SCHMI~IT, under the
following provisions:
A. Trustee shall pay or apply so much of the income and so much 'pf the principal
thereof, as in Trustee's sole discretion, is necessary for his maintenance and support and for his
medical, dental, hospital and nursing expenses. In determining whether to make payments or
applications under this paragraph, Trustee shall consider such other resources and Ilipublic benefits
as may be available to him, including public assistance, SSI or other benefits that dray federal,
state, county or other governmental or private agency would provide in absence o~ distribution
from this trust. No distribution from the trust shall be made to him if such distribution would
result in him losing or keep him from becoming eligible for such benefits.
B. All principal and income from this trust for KENNETH B.' S'CHMIDT,
shall be free from his debts, contracts, alienations and anticipations, and the same hall not be
liable for any levy, attachment, execution or sequestration while in his hands or inthe hands of
the Trustee. Should any funds which Trustee determines to pay to him be subject la any levy,
attachment, execution or sequestration in his hands, Trustee shall make no payrrner~t$ to him but
shall apply such funds for his benefit without making payment to him. In the event a
determination is made by any appropriate authority that the trust funds are liable to levy,
attachment, execution or sequestration while in the hands of the beneficiary or the (Trustee for
obligations of the beneficiary, or on the death of KENNETH B. SCHMIDT, this T~utst shall
terniinate and the remaining principal and any undistributed income thereof shall lie' paid to the
residuary beneficiaries under Item X hereof. ',
Cecilia W. Proctor
C. The Fifty Thousand ($50,000.00) Dollars given to Trustee pursuant to this
paragraph shall be reduced by the amount the trust receives outside of my probate estate from
any life insurance policy or annuity of which the trustee is the beneficiary.
D: In the event ERIC S. PROCTOR fails to, resigns or is unable tq serve as
Trustee, I appoint my son, GREGORY S. SCHMIDT, as Trustee/Successor Tnist~e, as the case
may be. The serving trustee may appoint his successor.
ITEM X. I give and devise all of the rest, residue and remainder ojf my estate of
every nature and wherever situate in equal shares, share and share alike, unto my ~Hildren,
GREGORY S. SCHMIDT, DIANE J. SCHMIDT and ERIC S. PROCTOR, or the survivor(s) of
them.
ITEM XI. If any income or principal shall be payable to any person who shall be
under the age of twenty-one (21) or who shall be incapacitated for any reason, rny', personal
representative, as trustee, or such person designated in writing by my personal rep~~sentative as
successor trustee, shall hold such income and principal for such beneficiary until t~~ age of
twenty-one (21) or during incapacity (whichever event occurs first) and shall b~ e~txtled to apply
such income and principal to the health, maintenance, support and education of such person after
considering other resources available to such person for those needs without the appointment of
any guardian or committee or any authority of court, and shall be entitled to makel,direct
application hereunder or to make application by payment thereof to the parent or ether person in
charge of such person, or to his or her guardian or to a custodian under the Unifor~nl Transfers to
Minors Act. Any remaining income and principal to which such person shall be e~bitled shall be
paid and distributed to such person upon attaining the age of twenty-one (21) or u~an the
termination of incapacity.
ITEM XII. I appoint my son, ERIC S. PROCTOR, Executor of this' my Last
Will and Testament. Should he fail to qualify or cease to act in such capacity, I th~ra appoint my
son, GREGORY S. SCHMIDT, Contingent Executor of this my Last Will and Te~t~ment. No
bond shall be required by my personal representative in any jurisdiction.
Cecilia W. Proctor
ITEM XIII. In addition to the powers given by law to my personajl representa-
tive(s) and trustee(s) [hereinafter fiduciaries] in the administration of my estate and of any
trust(s) created herein, they shall have the following discretionary powers applicable to all real
and personal property held by them, including property held for minors, effective jwithout court
order until actual distribution.
A. To retain any property owned by me at my death and to invest Amy funds held
by them in any stocks, bonds, notes or other securities or property, real or persorla~, including
common trust funds, mutual funds and money market deposit accounts operated off- offered by
my corporate trustee, if any, or any affiliate of it.
B. To sell or otherwise dispose of any property, real or personal; a~ any time
forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on
such terms as they see fit, and no one dealing with the fiduciaries shall be bound t~ fee to the
application of any monies paid. ',
C. To manage, operate, repair, improve, mortgage or lease for arty ~drm [even if
beyond the duration of the trust(s)] any real estate at any time held or owned by th~rnn as
fiduciaries.
D. To hold investments in the name of a nominee and exercise and dispose of
warrants.
E. To engage in litigation and compromise, arbitrate or abandon cl
property.
F. To conduct any business in which I am engaged or in which I
at the time of my death for such period as the fiduciaries deem advisable, with tl+~e
and
an interest
to
borrow money and to pledge the assets of the business and to do all other acts whi~ly I, in my
lifetime, could have done, or to delegate such powers to a partner, manager or einp~lcDyee without
liability for any loss occurring therein.
G. To allocate items of receipt or disbursement between principail and income as
the fiduciaries deem equitable regardless of the character given such items by laity; tb distribute
in cash or kind or partly in each at valuations fixed by the fiduciaries. ~i
Cecilia W. Proctor
4
__ _ _ - _ _ _ _ _ _ __ _~-- - _ ~ I i - - __
H. To borrow money, including the right to borrow from any corporate trustee, if
any, and to mortgage or pledge as security or to hold its own stock if a corporate tnzstee.
I. To join in any merger, reorganization, voting trust plan or other concerted
action of security holders, and to delegate discretionary duties with respect theret~.'.
I
J. Should the principal of any trust herein provided for be or becor~~ too small in
trustee's opinion so as to make establishment or continuance of the trust inadvisat~l~, my
trustee(s) may make immediate distribution of the then remaining principal and a Y accumulated
or undistributed income outright to the person or persons and in the proportion th y, are then
entitled to income. Upon such termination, the rights of all beneficiary(ies) who r~aght otherwise
have an interest as succeeding income beneficiary(ies) or in remainder shall cease;
K. In general, to exercise all powers in the management of the ass$t$ of my estate
or the trust estate which any individual could exercise in the management of sirnil~r property
owned in his own right, upon such terms and conditions as the fiduciaries may de~r~ best, and to
execute and deliver all instruments and to do all acts which the fiduciaries may de~rn necessary
or proper to carry out the purposes of this will or any trust(s) created herein.
L. To apply income or principal to which any beneficiary is entitleld directly for
his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary
incapable of receiving the same by reason of age, illness, infirmity or incapacity, c~r'to pay the
same to such person or persons as the fiduciaries select to disburse it, whose reGei~t'shall be a
complete acquittance therefore without the intervention of any guardian.
I
M. To assume continuance of the status of any beneficiary with ~ei~erence to
death, marriage, divorce, illness, incapacity or other change in the absence of injfo~rraation
deemed reliable without liability for disbursements made on such assumptions.
N. All principal and income shall, until actual distribution to any b~itieficiary, be
free of the debts, contracts, alienations and anticipations of any beneficiary, and the'~same may
not be liable for any levy, attachment, execution or sequestration while in the hands of any
i
• ~ ~
Cecilia W. Proctor
5
~.
fiduciaries. Provided, however, any beneficiary may assign any part or all of the beneficiary's
interest in my estate or the trust(s) to any one or more of the beneficiaries or my descendants.
IN WITNESS WHEREOF, I have hereunto set my hand and seal his ~ day
of ®~~G~~- , 2007.
' , /i! ~
Cecilia W. Proctor
The preceding instrument, consisting of this and five other pages, identified by th signature of
the testatrix, was on the day and date thereof signed, published and declared by Cecilia W.
Proctor, the testatrix therein named, as and for her last Will, in the presence of ius who, at her
request, in her presence, and in the presence of each other, subscribed our names ~s witnesses
hereto.
~ ~ ~~~ /1~~~ -~~f~ /~
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~ 321 ~ ~ 7~in~~-~ cc~ ~~, P~
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF DAUPHIN
..
I, CECILIA W. PROCTOR, testatrix whose name is signed to the att~c~hed or
foregoing instrument, having been duly qualified according to law, do hereby ackno~l~dge that I
signed and executed the instrument as my last Will, that I signed it willingly, and tha I signed it as
my free and voluntary act for the purposes therein expressed. ',
w ~ c -~~~.
Cecilia W. Proctor
Sworn or affirmed to e~nd acknowledged before me, by Cecilia W. Prcjctor, testatrix,
this ~ day of ~~7~:~f/ 2007.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
TAMARA S. HAIR, Notary Public N ry Pub is '
Susquehanna Twp., Dauphin County
My Commission Expires Au ust 26, 2008 My Commission Expires:
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
. SS.
the witnesses whose names are signed to the atta ed or foregoing ins rument, being July qualified
according to law, do depose and say that we were present and saw testatrix sign and e~Cecute the
instrument as her last Will; that she signed willingly and that she executed it as her'fr~e and
voluntary act for the purposes therein expressed; that each of us in the hearing and dig t of the
testatrix signed the Will as witnesses; and that to the best of our knowledge the testatr as at that
time 18 or more years of age, of sound mind and under no constraint or u du i ulen ~/~
~(
Sworn to and subscribed before me this 9 day of Ct' ~a , 2007.
COMMONWEALTH OF PENNSYLVANIA ~~ ~~ OU(~ ~ ~ ~G
NOTARIAL SEAL Nota Public
TAMARA S. HAIR, Notary Public
M Susquehanna Twp., Dauphin County My Commission Expires:
y Commission Expires Au ust 26, 2008
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