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Home My WebLink About03-24-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of JUDITH LIPTON File Number ~ 1 - i ~ _ ~p~ also lrnown as Deceased Social Security Number 086-42-1150 STACEY H. POPKO Petitioner(s), who is/aze 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 last Will of the Decedent dated 1 /27/2011 named in the and codicil(s) dated N/A ILYSE D. LIPTON CO-EXECUTOR NAMED IN THE WILL HAS RENOUNCED HER. RIGHT TO SERVE AS A rn_ connnuea on a Separate Page (State relevant circumstances, e.g., renunciation, death of executer, 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: ~ ~ d 1vtDVCe ~ a~F ~ ~e ~ w « y ottti, ,r ivo,~ B. Grant of Letters of Administration Uac( e"` 2s'Fa6 'sl^t as aEf~^e~l~ ~~ a, C„~,,Q, (1f applicable, enter: c.t.a.; d.b.n.c.r.a.; pendente lire; duranie absentia; durante minoritate) 33.3(9) PetiUOner(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. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at 'RUFFLE GLEN RC~AI~ nnFr~uennr^cni ids on ,~r,~., ,.,, .,_._ ___._._ street address, town/city, township, county, state, zip code) Decedent, then 62 years of age, died on 3/14/2011 at HOLY SPIRIT HOSPITAL CAMP HILL PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 400 000 00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ .Value of rent estate in Pennsylvania $ 850 000.00 5 TRUFFLE GLEN ROAD, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the gant of Letters in the appropriau w the undersigned: ,~ v: z~ w~0 ~~ r,~ J ~p ~c~ ~`~ zQ w~~ ~~v~ r. c ~.. ~~ ~~ ~% N ~~ ~ v (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Form RW-02 rev. 10.13.06 p; 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 b 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 and subscribed before me the ___L day of r th Register ~; ..,~ a ,~ ~~N z~ Signature ofPersonadRe a ntat a STACEY H. POPKO ~" ~., ., ~' i~~ ~ ~ ~`,;J zz d , . . Signature of Personal Representative ~ ~ ~ V ~ a " C x .= ~~N G Signature of Personal Representative File Number: _ o~ ~ - ~ ~ - J` 1~ Estate of JUDITH LIPTON ,Deceased Social Secau~ryit-y~Number: 086-42-1150 Date of Death: 3/14/2011 AND NOW, l/~~CliL~1 ~~ , 2011 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to STACEY H. POPKO in the above estate and that the instrument(s) dated 1./27/2011 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................. $ 760.00 Short Certificate(s) ~ 40.00 ' Renunciation(s) ................ $ 5.00 JCS .... $ 23.50 WILL ,,,, $ 15.00 AUTOMATION ,.,, g 5.00 .... $ TOTAL ......................... .... $ .... $ .... $ .... $ .... $ .... ~ 848.50 Attorney Signature: Supreme Court I.D. No.: 06363 Address: WIX WENGER &WEIDNER PO BOX 845 HARRISBURG PA 17108 Telephone: (71 71 234-41 82 Form RW-02 rev. 10.13.06 Page 2 of 2 Attorney Name: DEAN A. WEIDNER ESQ 105.805 REV (01/07) fit- i~- 3GZ 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 17296605 Certification Number This is to certify that the information here given i~ correctly copied 1~rom an original Certiticate of Deatt duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office fur permanent filing. 3 ~ !i _ Local Registrar Date [slued ~3a p wC p V ,^ ~x~ v ~fG Qw ~zz -~~~ ~~ N C ~ ~ a ~. H,OL119 REY 11fL009 TYPE / PRII7T ar PERLWIERT auac NNC !; ,~ .g 8 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) ~r,r< <„ ~ ,,,,,,,,-„ ,. Ryna a Dacetlenl pint mNOa, br. edbc) -- z. 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Remo erd M«aetd Peman Who CaryNled CaurdDrtli lNem 27)Type/Font 3s. tsgnmrvr ' lflUlNfi%'--J> L . ~LlA/~'/GIG N1?U I~jl~l/ICI DayPre,(wm. r,Y•M ~' j /®g~.otrr~-f~E2 Si ~ ~ aeroauonPematRo.~6 /~~9 LEMOYNF ~ ~~i4 • / "70 ~' 3 RIsCORDEiD OFFICE OF RI?GISTRFR OF WILLS 2011 MAR 24 CLI?RK OI: ORPf~1NS COURT CUMBIRI,AND COURT, P;A LAST WILL AND TESTAMENT OF JUDITH LIPTON I, Judith Lifton, of Silver Springs Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking all other Wills and Codicils by me at any time previously made. Cremation ITEM I: It is my desire that my body be cremated and the expense therefrom be paid out of my estate as a funeral expense. It is my desire that my ashes be divided into two parts, and that one such part be given to my daughter, Stacey H. Popko of Canonsburg, Pennsylvania; one such part be given to my daughter, Ilyse D. Lifton of Portland, Oregon. Provision for Taxes ITEM II: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will that is not specifically devised or bequeathed as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. Dispositive Provisions ITEM III: In appreciation for their many kindnesses and help, I hereby make the following specific bequests: Page 1 of 10 (a) The sum of One Hundred Thousand Dollars ($100,000.00) to Iris Garman of Duncannon, Pennsylvania. (b) The sum of One Hundred Thousand Dollars ($100,000.00) to Bozana Laganin of Camp Hill, Pennsylvania. It is my desire that Bozana Laganin use this bequest for her retirement and not spend the money on her children. In addition, it is my intention and direction that Bozana Laganin be retained by my estate to upkeep my residence for at least one year following my death. Bozana Laganin shall be paid an amount equivalent to her annual salary, tc be paid in bi-weekly installments or in such other installments or lump sum as my Executor shall, in its sole discretion, deem advisable taking into account the liquid assets of my estate and the needs of Bozana Laganin, regardless of whether my estate retains ownership of the house and if there are actual services for her to perform. (c) The sum of Fifty Thousand Dollars ($50,000.00) to Karen Butt of Monroe Township, Pennsylvania. In the event Karen Butt does not survive me, I give and bequeath said amount to her husband, Brian Butt. (d) My 1987 Mercedes 560 SEL to Chong Hui Knab of Mechanicsburg, Pennsylvania. Unless provided to the contrary, in the event a beneficiary under this Item III shall predecease me, said beneficiary's gift shall lapse and the bequest shall be included with and distributed as part of my residual estate. ITEM IV: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel, and all other like articles of household or personal use and adornment to my daughters, Stacey H. Popko and Ilyse D. Lifton, or, if only one of them survives me, to the survivor, to be divided between them in as nearly equal shares as practicable and as they may agree. If they are unable to agree, my Executor shall make such decision as to distribution. ITEM V: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, in equal shares to my daughters, Stacey H. Popko and Ilyse D. Lifton, or, if only one of them survives me, to the survivor. Page 2 of 10 ITEM VI: In the event both of my said daughters do not survive me, then I give, devise and bequeath unto my Trustee, hereinafter named, all the rest, residue and remainder of my property, real, personal and mixed, not disposed of by the preceding portions of this Will, to be held IN TRUST NEVERTHELESS, for the benefit of my grandson, Benjamin Popko of Pittsburgh, Pennsylvania, for the following uses and purposes: (a) My Trustee shall have, hold, manage, invest and reinvest the principal and income of the trust and shall, if my grandson has not attained thirty-five (35) years of age, accumulate the income. (b) Upon my grandson's attaining the age of thirty-five (35) years, he shall, upon written request, be paid all of the remaining assets of the trust. (c) In the event my grandson dies before final distribution of the trust assets, then the trust shall terminate and the then remaining trust assets shall be distributed equally between the French government for the benefit of the Versailles estate and the U.S. National Taxpayers Union. (d) Notwithstanding the foregoing, any trust created hereunder shall automatically terminate and the principal and income be distributed twenty-one (21) years from the death of the last surviving beneficiary living at the time of my death. (e) Except as otherwise may be provided, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by a beneficiary hereunder, the principal sums thus held in trust for any beneficiary, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities, or torts of such beneficiary now or hereafter made, contracted, incurred, or committed, including, without limitation, attachment, levy, and seizure by any creditor, spouse, assignee, trustee, or receiver in bankruptcy, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign, anticipate, or encumber all or any part of the principal sums of such beneficiary's interest therein, or the income thereof. Page 3 of 10 Appointment of Fiduciaries ITEM VII: I hereby nominate, constitute and appoint my daughters, Stacey H. Popko and Ilyse D. Lifton, or the survivor of them, to be my Co-Executors (herein collectively referred to as "Executor"). In the event of the death, resignation, refusal or inability of both daughters to serve as Executor, I nominate, constitute and appoint Iris Garman to serve as Executor in their place. ITEM VIII: I hereby authorize and direct Dean A. Weidner, Esquire, having an office in Harrisburg, Pennsylvania, to select a bank with its principal office in Europe, preferably Switzerland, which is rated AA by Standard & Poor's rating service, or the equivalent by another rating service, to serve as Trustee. Dean A. Weidner shall have the full right, power, and authority to terminate any bank serving as Trustee, and to designate a new bank as successor trustee, consistent with the guidelines I have established. In the event Dean A. Weidner is unable or unwilling to select a Trustee, I hereby authorize and direct Steven C. Wilds, Esquire, having an office in Harrisburg, Pennsylvania, to select the Trustee, having the same powers and authority as if originally so appointed. ITEM IX: If at any time any minor child or mentally incapacitated person shall be entitled to receive any assets hereunder, my Trustee shall act as Guardian of the assets payable to such person and shall have full authority to use such assets in any manner as such Guardian shall deem advisable for the best interests of such person, including proper support, maintenance, medical, hospital, nursing and nursing home care, high school, college, university, post-graduate or other education, without securing court order. ITEM X: My Executor, Trustee, and Guardian are specifically relieved from the duty or obligation of filing any bond or other security. Trustee Provisions ITEM XI: Any trustee may resign at any time without court approval by a separate acknowledged instrument delivered to each adult beneficiary and to Dean A. Weidner, Esquire, or his successor, such resignation to be effective upon a successor corporate trustee being appointed. If there are no adult beneficiaries, the instrument of resignation shall be delivered to the parent or legal guardian of each minor beneficiary and to Dean A. Weidner, Esquire, or his successor. Page 4 of 10 ITEM XII: A Trustee shall be released from its administration of the trust, based upon the Trustee's statement of account (which need not be in the form required by Court), to be presented to each adult beneficiary and Dean A. Weidner, Esquire, or his successor, or if no adult beneficiaries, by the parent or legal guardian of each minor beneficiary and to Dean A. Weidner, or his successor. A release shall discharge each Trustee from any accountability and liability to the trust, the beneficiaries of the trust, or to any other persons interested or claiming to be interested in the trust as to all matters embraced in the release or in the account, if any, with the same effect as if an account of the Trustee for the period concerned had been judicially settled and allowed in a proceeding to which such other persons were parties. Powers of Fiduciaries ITEM XIII: In the settlement of my Estate and during the continued existence of the foregoing trusts, my Executor and Trustee of each trust shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investment I may have at my death, so long as my Executor or Trustee may deem it advisable to my Estate or trusts to do so. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, money markets, real estate mortgages or other securities, other than options or futures, and in such other real or personal property as my Executor or Trustee shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my Estate or a trust or for any other purpose, including any final distribution of my Estate or any trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date(s) of their division or distribution. (d) To sell, either at public or private sale, and upon such terms and conditions as my Executor or Trustee may deem advantageous to my Estate or trusts, any or all real or personal estate or interest therein owned by my Estate or trusts, severally or in conjunction with other persons, or acquired after my death by my Executor or Page 5 of 10 Trustee, and to consummate said sale(s) by sufficient deeds or other instruments to the purchaser(s) conveying a fee simple title, free and clear of all trust, and without obligation or liability of the purchaser(s) to see to the application of the purchase money or to make inquiry into the validity of said sale(s); also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings that may be necessary or desirable to effect any of the bequests or devises made in my Will or in carrying out any of the powers conferred upon my Executor or Trustee in this Item XIII(d) or elsewhere in my Will. (e) To mortgage real estate and to make leases of real estate. (f) To borrow money from any party to pay indebtedness of mine or of my Estate or trusts, expenses of administration, or inheritance, legacy, estate and other taxes. (g) To pay all costs, taxes, expenses and charges, except as herein noted, in connection with the administration of my Estate or a trust. My Executor shall pay expenses of my last illness and funeral expenses. (h) To vote any shares of stock that form a part of my Estate or a trust and otherwise to exercise all the powers incident to the ownership of such stock. (i) To assign to and hold in a trust an undivided portion of any asset. Q) In the discretion of my Trustee, if the size of any trust herein established shall become so small that it is impractical or uneconomical to continue said trust, my Trustee may distribute all accumulated income and principal to the then beneficiaries in proportion to their interests. (k) The right and discretion to elect the most appropriate settlement options for any pension plans, individual retirement accounts or other employee benefit options payable to my Estate or any trust, assuming such election shall be in accordance with procedures established by the plan's administrative committee or administrator, as the case may be. Page 6 of 10 (I) The right to engage accountants, attorneys, appraisers and other agents, as deemed necessary by my Executor or Trustee, to render advice to and/or to represent my Executor or Trustee, as my Executor or Trustee deem necessary or appropriate to the administration and preservation of my Estate or the assets of any trust. (m) To do all other acts that, in the judgment of my Executor or Trustee, are necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. Miscellaneous Provisions ITEM XIV: Any person who shalt have died at the same time as me, or in a common disaster with me, or who shall fail to survive me by one hundred eighty (180) days, shall be deemed to have predeceased me. ITEM XV: A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. An individual fiduciary (or their agent(s), if any) shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. ITEM XVI: I have made no provision in my Will for my mother, Carole Kahan; my brother, Michael Kahan; my two nieces, Jennifer Kopman Henry and Lisa Kopman; and my sisters-in-law, Deborah Lifton Spencer and Anita Elson. In the event any of these individuals challenges the probate of my Will or any provision thereof and is not successful in a court of competent jurisdiction, then in such event, I direct and require that such individual forfeit that share to which he or she claims to be entitled to the fullest extent that the law of the jurisdiction in which I die domiciled permits a testator to provide for such a forfeiture, but, in all events, there shall be excluded from the share awarded to such excluded party the total additional cost incurred by my Executor in resisting such challenge. Page 7 of 10 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of this page, the next two pages, and the preceding six pages, this _~ day of January, 2011. ~~. r ith Li on l' SIGNED, SEALED, PUBLISHED AND DECLARED by the above- named Testator, Judith Lifton, as and for her Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. ~~ ' ~ ~ Address ~/O ~,~-~.,~ C~-r~sl~ ~70~3 Address o~q (.txjl~m ~'~ip~~, (~,a ~~rno ~I PA Igo( I Address Page 8 of 10 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN I, Judith Lifton, 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 Judith Lifton, the Testator, thi~~ day of January, 2011. n f; +! ~.~udith ~ifton, Testator ~`~ .,~ ~.- rn . .h~ t ry Public My Commission Expires: COMMONWE~-TH OF PENNSYLVANIA NOTARIAL-SEAL Lisa M. Sites, Notary Public City of Harrisbu:'g, Dauphin :runty ~~ ~~,~. ,,~~;ion ex fires A ri128, 2013 Page 9 of 10 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN We, ~~+~- No.,~i~-,~ ~r~~.~ ~ ~.`l~a~rc,~mn ,and 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 her Last Will; that the Testator signed willingly and executed it as her 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 to before me, p~~ Ho.a~~,~ ~r\\s.e ~ ;,w.~~arRSO-m ,and witnesses, this z7 day of January, 2011. ~, ~-_ ,,.-~ Witness Wit~ss Witness ~ l'k,~'~ ~ t ry Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEA_I. Lisa M. Sites, Notary Public City of Harrisburg, Daxplun d'~unty My ct~rr ,~i9.ion expires A ri"t 28, 2013 F:\dbw\Wills\Lifton\Judith -Will 2011.doc Page 10 of 10 a ~ - ~~ ~~a RENUNCIATION REGISTER Op' WILLS CUMBERLAdD COCJNTY, PENNSYLVANIA ~__~ ~N ~^ v-. avvv v ~-~ ~zz :,x ~~~ :;"N vxx Estate of •-UDITH LIPTON ,Deceased I, ILYSE D. LIPTON , in my capacity/relationship as (Prin! Narne) DAUGHTER of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to ~'g(;EY M. POPKO 3/~ ~~i (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills \\\~\~~~NB07ZA •~"~~ii~~~i Qv~~`p3 20 3p~~`s •'* . ?, ~ :~ •~ :~ ~,~,~ {Signature) I SE D. LIT N 1800 S. BRENTWOOD BLVD. #1025 (Srr•eer Address) ST. LOUIS MO 63144 (Cite. Score, 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 renunci tin for the purposes stated within on this day of , 2 1_~_ . s ~t) No .I' tic My Commission Expires: ~2se 3, °7°i3 _ ~Signattue and Seal of Notary or other official qualified to ~drninister oaths. Show date of expiration of Notary's Conunission.) Foru RW-06 rev. 10.13.06 WIX, WENGER &WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW STEVEN C. WILDS 508 NORTH SECOND STREET THERESA L. SHADE WIX " DAVID R. GETZ POST OFFICE BOX 845 STEPHEN J. DZURANIN HARRISBURG, PENNSYLVANIA 17108-0845 JEFFREY C. CLARK PETER G. HOWLAND -.__,_ (717) 234-4182 Also Member Massachusetts Bar FAX (717) 234-4224 www.wwwp~law.com March 23, 2011 Ms. Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Estate of Judith Lifton Our File No. 5254-15729 Dear Ms. Strasbaugh: THOMAS L. WENGER DEAN A. WEIDNER ROBERT C. SPITZER Of Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717)652-8455 We are returning to you for filing the paperwork necessary for probate of the Will on behalf of the above-captioned estate. Stacey Popko, the named executor, took her oath at your office on March 18, 2011. The documents were held pending receipt of the Renunciation of Ilyse D. Lifton (enclosed). Please process this paperwork and contact me with any questions you may have. 1 would like to stop by your office Friday morning (approx. 8:45 a.m.) to pick up the Short Certificates. Please notify me as soon as possible If for any reason the Short Certificates will not be ready for pick-up at that time. Thank you for your assistance in this matter. If you have any questions regarding the above, please call me. Sincerely, WIX, WENGER &WEIDNER B : c ~ ~ Y Denise B. Williamson Paralegal /dbw Enclosures