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HomeMy WebLinkAbout01-25-11- - _ _ ~a PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Joan W. Wienczkowski also known as __ ,Deceased Social Security Number 211-22-6594 COUNTY, PENNSYLVANIA File Number) ~1-11-01 ID i 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 Pettioner(s) last Will of the Decedent, dated 10106/2AAd and codicil(s) dated State relevant dreumstances, e.g., renurrclaeion, deatn o-execuror, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child a killing; and was never adjudicated an incapacitated person, except as follows: ^ B. Grant of Letters of Administration (I/applicable, enter: c.t.a.; d.b.n.c.f.a.; pedente life; durente absentia; du Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the folic Administration, c.t.a. or d.b.n.c.t.a., enter date of Will on Section A above and compete list of heirs); was not the adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for c provided in 23 Pa. C.S.A. § 3323 (g), except as follows: named in the ~-~-- ~^ ~o~a pending divorce proceeding pr mdopted; was not the victim of ritata rw ) spouse (if any) and heirs (if lof a ki)))ng; was never ~e'had been established as Name Relationship Residence r Nathan R. Breach Grandson 121 Mountain R Shermans Dale = 090 ~- ~, ~?~+ Kim P. Breach Daughter-in-law 1704 Cornell Ro ~ ~ { .~~~ r,~ry„ Richard A. Breach Son 1704 Cornell Ro 'Q ~ ,,' (COMPLETE INALL CASES:) Attach additional sheets Hnecessary. ~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last prin 2100 Cedar Run Drive, Apt. 205.. Camp Hill, Lower Allen Township, Cumberland Coul ~' al Fe~idenceta(, ~.. nt~-, iPA 17011 ~"~ C'7 (List street address, town/r~ty, township, county, state, zip code) Decedent, then ~~ years of age, died on 01/1512011 at Holy Spirit Hospital, Camp Hill, PA ~ 17~11 Decedent at death owned property with estimated values as follows: !, (If domiciled in PA) All personal property $ 3 000.00 (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: NIA ~ Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the Brent the undersigned: ~ f L ors in the appropriate form to Si net e T ped or printed name a d idence Richard A. Breach 170 Ca C p rhell Road irl, PA 17011 ail Form RW-OY Rev. 12-28-2008 (interim form, pending action by the Court) Copyright (e) 2070 form aonuvare only The Lackner Group, Inc. is/are the Executor Pape 1 of 2 _ _ _ __ _ -T 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 rortect to the best of the knowledge and belief of Petitioner(s) and that, as personal represent~tjve(s) of the Decedent, Petitioner(s) will will and truly administer the estate according to law. ~~ ~ ,~ Swom to or affirmed and subscribed before me this" _ ~~,. day of / ,'ZDIo .~~~~ or the Register of Personal Richard A. N,_F File Number: 21-11-~//D Estate of Joan W. Wienczkowski Social Security Number: 211-22-6594 Date of Death: 01/15/2011 AND NOW, i~ ~' ~/ , in consideration of the fc having been presented before me, IT I D CREED tha Lef tters Testamentary are hereby granted to _ Richard A. Breach and that the instrument(s) dated 10/06/2004 described in the Petition be admitted to probate and filed of reconi as the last Will (and Codicil(s)) of Decedent. i - I FEES Letters .......................................... $ ~ w Re~ti Short Certificate(s) ....................... $ ~ (o ,~ Renunciation(s) ............................ $ Attorney Signature: ~I ~~ $ ~S,Q° Attorney Name: Supreme Court I.D. No.: $ S,oO $ Address: $ Telephone: TOTAL ................................... $ Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form aoRwere only The Lackner Group, Inc. ,~~De~eased `.~; ~':~ ~- `~ ~" 1 _.r-~ - "` ''~ - - `-r't ~~_ ~fl ~i Petition, satisfactory proof __J_ . ~. x~ rV T ~x i nJ c~ in the above estate . n ,moo ~ ~' Pege 2 of 2 __ _ _ _ _ _ __ _ -- Z I-l f-all o LOCAL REGISTRAR'S CERTIFICATION OF D~Q4TH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify at the information here given is correctly copied, fr m an original Certificate of Death duly filed with Ime as Local Registrar. The original certificate will ~' b forwarded to the State Vital Records Office ~or permanent filing. 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I, JOAN W. WIENCZKOWSKI, a resident of the Township of Lower Allen, County of Cumberland and Commonwealth of I hereby make, publish and declare this to be my Last Will and Testament, hereb; Wills and Codicils at any time heretofore made by me. I have one living child: RICHARD A. BREACH. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, unsecured, be paid as soon as practicable after my death. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all es succession, death or similar taxes assessed with respect to my estate herein disp part thereof, or on any bequest or devise contained in this my Last Will (which ~ used herein shall include any Codicil hereto), or on any insurance upon my life property held jointly by me with another or on any transfer made by me during ~ any other property or interests in property included in my estate for such tax pug out of my residuary estate and shall not be charged to or against any recipient, b transferee or owner of any such property or interests in property included in my tax purposes. ITEM III Bequest of Specific Items of Personal Effects. I give and bequeath to ] BREACH, KIM P. BREACH, AND NATHAN R. BREACH, equally, if they me, my wall-hung pendulum clock,. the encased United States flag, the hand-pai including, but not limited to the sandwich plate, serving tray, and vase, and the l figurines. If any of them shall not survive me, then I give and bequeath these pe the survivor of them, equally. Last Will and Testament of JOAN W. WIENCZKOWSKI Page 1 domiciled in s~ylvania, do yoking all and inheritance, of, or any wherever any etime or on be paid ,..., for such 6iARD A. l survive china, effects to I I __ 1 ITEM iV General Bequest of Personal and Household Effects With a Precatorjq Memorandum. I give and bequeath all my personal and household effects of e~e~y kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, automobiles, and other vehicles, and all policie f fire, burglary, property damage, and other insurance on or in connection with the use o this property, to my son if he shall survive me. If my son shall not survive me, the issue of m s n surviving me, shall take per stirpes the share my son would have taken had he survived m . f'my issue do not agree to the division of the property among themselves, my Personal Repres n five shall make such division among them, the decision of my Personal Representative to a 'n all respects binding upon my issue. I request that my Personal Representative, my son and y issue abide by any memorandum by me directing the disposition of this property or any part th neof. This request is precatory and not mandatory. If any beneficiary hereunder is a minor, m 'Personal Representative may distribute such minor's share to such minor or for such mino~'s use to any person with whom such minor is residing or who has the care or control of such i or without further responsibility and the receipt of the person to whom it is distributed shall b ~ complete discharge of my Personal Representative. The cost of packing and shipping suc p ciperty shall be charged against my estate as an expense of administration. ', ITEM V Outright Gift of Residuary. I give, devise and bequeath all the rest, res'd ~ and remainder of my property of every kind and description (including lapsed legaci s d devises) wherever situate and whether acquired before or after the execution of this Will o CHARD A. BREACH, per stirpes. ITEM VI Naming the Personal Representative, Personal Representative Succe si fit, Personal Representative's Fees and Other Matters. The provisions for naming the Pero 1 Representative, Personal Representative succession, Personal Representative's f es and other matters are set forth below: (1) Naming an Individual Personal Representative. I hereby nomi a e, constitute and appoint as Personal Representative of this my Last Will and Testament RIC A. BREACH and direct that he shall serve without bond. (2) Naming Individual Successor or Substitute Personal Represe to 'fie. If my individual Personal Representative should fail to qualify as Personal Representat'v hereunder, or for any reason should cease to act in such capacity, the successor or substitute P r$onal Representative who shall also serve without bond shall be NATHAN R. BREA Last Will and Testament of JOAN W. WIENCZKOWSKI Page 2 (3) Fee Schedule for Individual Personal Representative. For its ~e~vices as Personal Representative, the individual Personal Representative shall receive re~so~nable compensation for the services rendered and reimbursement for reasonable exper~se~. ITEM VII Definition of Personal Representative. Whenever the word "Personal a ~esentative" or any modifying or substituted pronoun therefor is used in this my Will, such r s and respective pronouns shall include both the singular and the plural, the masculine f rninine and neuter gender thereof, and shall apply equally to the Personal Representative na a !herein and to any successor or substitute Personal Representative acting hereunder, and suc u~cessor or substitute Personal Representative shall possess all the rights, powers and duties a thority and responsibility conferred upon the Personal Representative originally named here'n.l ITEM VIII Powers for Personal Representative. By way of illustration and not of li nation and in addition to any inherent, implied or statutory powers granted to Personal Repres n wives generally, my Personal Representative is specifically authorized and empowere 'th respect to any property, real or personal, at any time held under any provision of this my it : 'to allot, allocate between principal and income, assign, borrow, buy, care for, collect, co p dmise claims, contract with respect to, continue any business of mine, convey, convert, d a~ with, dispose of, enter into, exchange, hold, improve, incorporate any business of min , i west, lease, manage, mortgage, grant and exercise options with respect to, take possession o , p edge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in bind or partly in each without regard to the income tax basis of such asset, and in general, toe er ire all the powers in the management of my Estate which any individual could exercise in a management of similar property owned in his or her own right, upon such terms and conditio s s to my Personal Representative may seem best, and to execute and deliver any and all i s ents and to do all acts which my Personal Representative may deem proper or necessary t any out the purposes of this my Will, without being limited in any way by the specific grant o~power made, and without the necessity of a court order. ', ITEM IX Definitions of Family. The following definitions shall be used to define jth~ family: (1) Definition of Children. For purposes of this Will, "children" me s the lawful blood descendants in the first degree of the parent designated; and "issue" and " es endants" mean the lawful blood descendants in any degree of the ancestor designated. Th trans "child," "children," "issue," "descendant" and "descendants" or those terms preceded by a terms "living" or "then living" shall include the lawful blood descendant in the first de a of the parent designated even though such descendant is born after the death of such p e t. Last Will and Testament of JOAN W. WIENCZKOWSKI Page 3 __-_ ~_-.,. ~_ -- - u __ _~ J PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Self-Proving Affidavit We, JOAN W. WIENCZKOWSKI, and Jeffrey R. Boswell a Denise L. Foster ,the Testatrix and the witnesses, respectively, whose signed to the attached or foregoing instrument, being-.first duly sworn, do hereby undersigned authority that the Testatrix signed and executed the instrument as h that she had signed willingly (or willingly directed another to sign for her), and it as her free and voluntary act for the purposes therein expressed, and that each in the presence and hearing of the Testatrix, and in the presence of each other, s witness and to the best of our knowledge the Testatrix was at that time eighteen older, of sound mind, and under no constraint or undue influence. JOAN W. Subscribed, sworn to, and acknowledged before me by JOAN W. the Testatrix and subscribed and sworn to before me by Jeffrey R. Denise L. Foster ,witnesses, this 6th day of October, 2004. Notary Public for Pennsylvania My Commission Expires: G~nis L Last Will and Testament of JOAN W. WIENCZKOWSKI Page 5 ~i ~~ fines are ~~lare t~ the Est Will and the executed ze witnesses, d the Will as 's of age or and PubNc ~ Carriy to, Zorn (2) Definition of Per Stirpes. The term "per stirpes" as used herein ha the identical meaning as the term "taking by representation" as defined in the Pennsylvania Pi~o>~ate Code. Testimonium Clause. 1N WITNESS WHEREOF, I have hereunto set Yr1y Viand and affixed my seal this ~ day of October, 2004. JOAN W. WIENC OWSIKI Attestation Clause. The foregoing Will was this ~'r day of October, 0 4; signed, sealed, published and declared by the Testatrix as and for her Last Will and Test ent in our presence, and we, at her request and in her presence, and in the presence of each,o er, have hereunto subscribed our names as witnesses on the above date. .}I of of I Last Will and Testament of JOAN W. WIENCZKOWSKI Page 4 ~!,