HomeMy WebLinkAbout01-25-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of J8V W. Foutaht File Number 21 •- r' I - / ~ /
also known as
,Deceased Social Security Number 199-38-0957
Garv OrndorfF
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 EX@CUtOr named in the
last Will of the Decedent, dated ng/2R/2007 and codicil(s) dated
State relevant arcumstences, e.g., renurxration, death o/ execuror, etc.
After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding
wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child bom or adopted; was not the victim of
a killing; and was never adjudicated an incapacitated person, except as follows:
^ B. Grant of Letters of Administration
(Ireppliceble, enter c.t.e.; d.b.n.c.f.a.; pedenfe Nte; durente absentia; durente minoritefe)
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 on Section A above and complete list of heirs); was not the victim of a killing; was never
adjudicated an incapactated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as
provided in 23 Pa. C.S.A. § 3323 (g), except as follows:
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
978 Park Place. Mechanicsburg. Monroe Township, Cumberland, PA 17055
(List street address, towNcity, township, county, state, zip code)
Decedent, then 68 years of age, died on 01/03/2011 at 978 Park Place Road, Mechanitn;burG. PA 17055
Decedent at death owned property wHh estimated values as follows:
(If domiciled in PA)
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania $ 355.000.00
situated as follows: 978 Park Place Road, Mechanicsburg, Pennsylvania 17055 and 6.41 acres of land located in Carroll Township, York
County, Pennsylvania
Me undersipned'oner(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
Si nature T pact or rinted name and residence
Gary Omdorff 2381 Hartford Drive
York, PA 17402
All personal property $ 325.000.00
Personal property in Pennsylvania $
Personal property in County $
Form RW-02 Rev. 12-28-2008 (intedm form, perMirg action by the Coud) Copyright (c) 2010 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
couNTY of Cumberland }
The Pettioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and cortect 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.
Sworn to or affirmed~fand~su7bscribed
fore me this G7 / /J/'day of
the Register
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File Number: 21 - ~~- Jb ~ O ~
Estate of Jay W. Fought , De ased c`'
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Social Security Number: 199-38-0957 Date of Death: 01/03/2011
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been press ed before m IT IS DECREED that Letters Testamentary
are hereby granted to Garv OrndorFf
in the above estate
and that the instrument(s) dated 09/26/2007
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES ~/~r ~
Letters .......................................... $
Short Certificate(s) ....................... $ ~ ~~ C.L~
Renunciation(s) ..................:......... $
~/I'`~ $ / 5. G~
~ $ ,~, s~
$
$
$
$
$
$
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TOTAL ................................... $ 5 / r
Signature of Personal Representative
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Supreme Court I.D. No
Bogar 8r Hipp Law Offices
Address: One West Main Street
Shiremanstown, PA 17011
Telephone: 717-737-8761
Form RW-0Z Rav. f0-13-2008 Copyright (c) 2008 forth software only The Lackner Group, Inc. Page 2 of 2
Attorney Signature:
Attorney Name: James D. BO a
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 17029630
Certification Number
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 tiling.
~'~ ~g , e~„ o l i 7 ~ ~f
Local Registrar Date Issued
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LAST WILL AND TESTAMENT
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_ u- O J OF
~~ w ~ ~ JAY W . FOIIGHT
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~P, JAY W. FOUGHT, of Mechanicsburg, Cumberland County,
Pennsylvania, make, publish and declare this as and for my Last
Will and Testament, hereby revoking all other Wills and Codicils
heretofore made~by me.
FI T: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, to my grandson,
SETH ORNDORFF, provided that should he predecease me, then to
GARY ORNDORFF, husband of my deceased daughter, ANGELA ORNDORFF.
SgCOND: Should SETH ORNDORFF not have attained the age
of twenty-five (25) years at the time for distribution to him, I
give, devise and bequeath his share to my hereinafter named
Trustee, IN TRUST, to hold, manage, invest and reinvest the share
so received, and to use .and apply from time to time such portion
of income and principal for SETH ORNDORFF'S education (including
ollege, trade school or other similar training or education),
support and welfare as my Trustee, in their sole discretion, deem
advisable. My Trustee may make the payments for the support and
~ maintenance of SETH ORNDORFF directly to SETH ORNDORFF or his
~ uardian or Guardians. Any payments made by my Trustee pursuant
hereto shall be made without further responsibility to SET
O ORFF, his Guardian or Guardians, or to any person taking care
o him. The Trustee, in exercising their discretionary authority
with respect to the payment of income or principal of the within
Trust to SETH ORNDORFF, shall take into consideration any income
or other resources available to him from sources outside this
Trust. In addition, my hereinafter named Trustee shall have the
right, in their sole discretion, to purchase and pay for out of
the principal, as well as income, such insurance policies as will
provide for SETH ORNDORFF'S medical care.
Any income or principal not so applied shall be dis-
tributed to SETH ORNDORFF when he attains the age of twenty-five
(25) years. In the event SETH ORNDORFF dies prior to the termi-
nation of this Trust established herein for his benefit, the
interest of said grandchild in said Trust shall cease with any
income and principal passing to GARY ORNDORFF as set forth
1
hereinabove.
THIRD: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any rear or persc~iiai Nl~r=~ ~s ~---- __ °_
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
egally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
~npose or extinguish restrictions on real estate.
(~) To compromise any claim or controversy and to
abandon any property which is of little or no value.
~.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
2
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
l~
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
FOIIATH: I nominate and appoint GARY ORNDORFF, as
Trustee of the hereinabove described Trusts. I direct that my
~rustee shall serve without bond and shall receive fair and
reasonable compensation.
FIFTH: I direct that all inheritance, estate, trans-
fer, succession and death taxes, of any kind whatsoever, which
may be payable by reason of my death, whether or not with respect
to property passing under this Will, shall be paid out of the
principal of my residuary estate.
IXTH: All interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
3
able, shall not be subject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liability of any
beneficiary, and furthermore, shall not be subject to pledge,
assignment, conveyance or anticipation.
SEVENTH: I nominate and appoint GARY ORNDORFF, Execu-
for of this, my Last Will and Testament. In the event of the
death, resignation or inability to serve for any reason whatso-
ever of the said GARY ORNDORFF, I nominate and appoint JAMES D.
BOGAR, Executor of this, my Last Will and Testament. I direct
that my Executor or Executors, and Trustee, as the case may be,
and their successors, shall not be required to post security or a
bond for the performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this ~}(p day of
2007.
~~.
~ ~~ (SEAL)
JAY W. UG T
Signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament in our
presence, who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
Address
Address
4
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OATH OF SUBSCRIBING WITNESS(ES) CLERK OF
ORPHAN'S COURT
REGISTER OF WILLS CUMBERI.~~JD CO., PA
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of JAY W FOUGHT ,Deceased
JAMES D. BOGAR
(each) a subscribing witness to
(Priru Name/sJ
the ®Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signed as a witness at the request of
the Testator /Testatrix in her /his
(Signature)
presence and in the presence of each other.
gnahrre)
1 West Main Str
(Street Address)
(City, State, ZipJ
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
day
of ,
Deputy for Register of Wills
(Street Address)
Shiremanstown, PA 17011
city, smte, zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this / ~'~ day
of Mutt ru , a0/ ~
Notary Public (/ (/
My Commission Expires: ~ 3-0~'~/,~
(Signature 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 [o administer oaths. Please have present the original or copy of instrument(s) at time of notari7a[ion.
Form RW-03 rev. 10.13.06
DIANE MDNiGOMER1ti NOTARY RIBLIC
SHIREMANSIOWN BORO, (XNAgER1AND C
MY COMMISSION EXPIRES AUGUST 3, 2013
%/- /o i
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j~F~,:ii::' _ ...v
OATH OF SUBSCRIBING WITNESS(ES) CLERK ~F
oR~~s cauRT
REGISTER OF WILLS CUMBF°L A+'~ ~~ .;0.. PA,
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of JAY W. FOUGHT
Deceased
BETH B. LENGEL (each) a subscribing witness to
(Print Names)
the ®Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signed as a witness at the request of
the Testator /Testatrix in her /his presence and in the presence of each other.
~~
(Signature) (S~gnahve)
(Sheer Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
Deputy for Register of Wills
day
112 Valley View Drive
(Street Address)
Mechanicsburg, PA 17050
(City. stare, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ~~-l tL day
of ~..1Qnt~a~rrJ v!!
` ~%~~
Notary Public
My Commission Expires: ~ 3 ~ t~
(Signature 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 wpy of instrument(s) at time of notarization.
Form RW-03 rev. 10.13.06
DIANE MONTGOMER>; NOTARY PUBLIC
SNIREMANSTOWN BORO, CUMBERLAND COU
MY COMMISSION EXPIRES AUGUST 3, 2013