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HomeMy WebLinkAbout04-05-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of DAVID L GEARHART also known as Deceased File Number ~ ~ ~ ~ (~ `-' t ~~ Social Security Number ~nh-s~-~ 938 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / aze the FXFC:I~TOR named in the last Will of the Decedent dated ~ /3/9n97 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 exec for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a parry to a pending of death wherein Bounds for divorce had been established as provided in 23 PA C.S. section 3323 (g): B. Grsnt of Letters of Administration (IJapplicable, enter: c.r.a.; d.b.n.c.t.a.; pendente life; durance absentia; _:~~ r-rt ~ C,-' ttI>Fbt(s) e~3at t~ the tie r: '_ 3r .. f~ 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. 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 C- llti~3ERLAND County, Pennsylvania, with his /her last principal residence at ~_~~ E'9•^•OD~ ~°IVE MECHANICSBURG PA 17050 (List street address, town/city, township, county, state, zip code) Decedent, then 69 years of age, died on x/26/2011 at Willow Valley Lancaster Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: Personal property in Pennsylvania Personal property in County g 20.000.00 a Wherefore, Petitioner(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 the undersimed: Signature Typed or printed name and residence TROY B. LONG 503 9TH STREET RT R YAL PA 17 8 Page 1 of 2 Form RW-01 rev. 10.13.06 (COMPLETE INALL CASES:) Attach addltlona! sheets ijneeessary. Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF CUMBERLAN 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. Sworn to or affumed and~subscribed ° ~ ~~' ,~ Signature of Personal Re~ nta~ before me the day of Signa[ure of Personal Representative Signature of Personal Representative File Number: ~ / ~ . /U(/ D Estate of DAVID L GFARHART Deceased ~ ~ Cll -..; iW j - X , ~ _~= ~=~i ~ _. -n /~ ~' ` ~i tC` Social SecuritylNumber: 206-32-1238 Date of Death: 2[26/2011 AND NOW, Io1_ ~h 1) 6~ / , in consideration of the foregoing Petition, satisfacto having been presented before me, IT IS DECREED that Letters rY proof are hereby granted to TROY B LONG in the above estate and that the instrument(s) dated JANUARY 3. 2007 described in the Petition be admitted to probate and filed - FEES Letters ............................. $~ Short Certificate(s) ......r!~.. $ Renuncia/tion`(s) ..•....... lNi. ..... $ .... $ .... $ .... $ .... $ .... $ .... $ .... $ TOTAL ........................... $ ' the lash Will (ancjfiodicil(s)) of Attorney Signature: Attorney Name: DONIS H ZAGURSKIF Supreme Court LD. No.: X82 Address: ~ 17 MAIN STREET P O BOX O MIFFLIN PA 17058 Telephone: 717-436717-436-8~4 Form RW-02 rev. 10.13.06 Page 2 of 2 i- y3~ 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 17296452 Certification Number ~~ y ~~ -v n ~a m~C7 ~ r ~ c~?,;-a cn ~= vi x ~ ~ ~;,; ~ O ~ _ =-' ._ xrosetl aev e~ mg~~N COMNONMIEALTX OF PEINaBYLVANIA .DEPARTMENT OF HEALTH .VITAL RECORDS aaa~ ~ CERTIFICATE OF DEATH (Sw InaVlw;SOnr uw nrnpyr on rwaaq 6f.TF CY F MtlY _ ._._~. 01 a.r h ar-1- 3 8 aMa. i+rM wrre U~arl ao. arson aMale a ~~~.- .ors al'"1 a01 ~, arrrar a. rown rr. 69 Yn March 2, 19~I Oliver PA ~ a. _ ^oarw ^Ea~ w ory r oxen r. ar, eor, ny, r orn oa roetMwroPm oraaba ae+rnrrenerp a wr owsr r ^ aoa ~ ~. ^ Harr..' rrrm.rrnbrr, sore wr..rc ~ West ~~~' ~P. eRae Glen at Willav Vall Pra.aya~~ aa`na '~+ _ ey wren n.r nrn, rn) to e+. waaou.r r..a 91°ruraa,y~Iwawr ea wr~ ~ b a. ea oresr. 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Yal (,~,,(cn ~/ s A- w, ll~a.a. ~ . ~A- nr~y This is to certify that the information here given is correctly copied from an original Certificate of Deatt duly filed with me as Local Registrar. The origina: certificate will be forwarded to the State Vita] Records Office for permanent filing. / ~~ Local Registrar Date Issued U oiprronMrrh_0567564 ~ -_ /I ~~j °~a~, i},!III Q ~~~t AFRI~-5 ~--~ ~,~:: ~:. ~~, LAST WILL AND TESTAMENT couRT J ~ ~; DAVID L. GEARHART, of the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being of sound and disposing mind, memory. and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give and bequeath my framed cloth quilt with "chicken scratch" stitching dated 1901 to my friend, namely, KELLY BAILEY (wife of Earnest F. Zimmerman), absolutely, if she survives me. THIRD. I order and direct my Executor, hereinafter named, to permit my daughter, namely, BARBARA ELLEN GEARHART to select items of my household goods which she may desire to possess for her personal use, which items I give and bequeath to her. The selection shall not be used to acquire personalty for liquidation purposes. After completion of my daughter's selection of household goods, I authorize TROY LONG to select items of household goods which he may desire to possess for his immediate family's personal use, which items I give and bequeath to him. I order and direct that my dining room suite and bedroom suite shall be considered separate units and shall not be divided into separate pieces of furniture. FOURTH. I give and bequeath to the SHEPHERDSTOWN UNITED METHODIST CHURCH a sum of money equal to five per centum (5%) of my net estate before payment of any taxes (e.g. Pennsylvania Inheritance Tax), said net estate to be computed based assets and deductions (other than any deduction allowed for this charitable bequest) as LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. reported to the Pennsylvania Department of Revenue for inheritance tax purposes. FIFTH. I give, devise and bequeath all the rest, residue and remainder of my Estate, real, and mixed, whatsoever and wheresoever situated, unto my Trustee hereinafter named, IN TRUST, NEVERTHELESS, to hold, manage, invest and reinvest for the benefit of my dagtghter, nataiely, BARBARA ELLEN GEARHART, on the following terms and conditions: A. I authorize and empower my Trustee in his sole and absolute discretion to use, expend, consume and apply such amounts of income and principal from time to time as may be necessary and proper for the support, care and comfort of my said daughter during her lifetime. In exercising said discretion, my Trustee shall take into consideration the extent of my daughter's ability to be gainfully employed and to support, care and maintain herself by her earnings, and shall have the right to refuse the use of said funds in the event that my daughter should willfully refuse to beself-sustaining. B. I designate this trust to be a spend-thrift trust. No portion of said trust, whether income or principal, shall be assignable by my said daughter or be available to anyone having a claim against her before actual payment to her. No part of the trust assets shall be subject to the claims of my daughter's creditors regardless of the type or nature of the claim. Under no circumstances can my daughter compel a distribution from the trust for any purpose. The Trustee's discretion is final as to all interested parties. The Trustee's absolute and independent judgment, rather than any other party's determination, is intended to be the criterion on which distributions are made. No court or any other person should substitute its or their judgment for the decisions made by the Trustee. C. I authorize and empower my said Trustee to invest the assets of said trust in any reasonable manner and not be limited or restricted to so-called "legal" or statutory investments for fiduciaries. D. I authorize and empower my Trustee to retain in kind any real estate forming a part of the trust estate occupied by my daughter and to permit her continued occupancy thereof without payment of rent or on such other terms and conditions which the Trustee shall determine in his discretion. E. Upon the death of my said daughter, the trust shall be terminated and the LAW OFFICES SNELBAKER BC BRENNEMAN. P.C then remaining balance thereof shall be distributed unto my nephew, namely, TROY LONG, absolutely and in fee simple, if he is then living. If my said nephew should not be living, then and in that event, I give, devise and bequeath said balance of the trust -2- unto JARED LONG, absolutely and in fee simple, subject, however, to the protective trust provisions contained in Item Seventh hereinbelow. SIXTH. If my daughter, namely, BARBARA ELLEN GEARHART, does not survive me, then and in such event, I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situated, unto my nephew, namely, TROY LONG, absolutely and in fee simple, if he survives me. If my said nephew should not survive me, then and in that ultimate event, I give, devise and bequeath my said residuary estate JARED LONG, subject to the protective trust provisions in Item Seventh hereinbelow. SEVENTH. If any beneficiary named hereinabove has not attained the age of twenty-five (25) years at the time of distribution, I order and direct that the distributive share of each such person shall be paid over and delivered unto the beneficiary's surviving pazent, as my testamentary trustee, IN TRUST, NEVERTHELESS, to hold, manage, invest, accumulate income and reinvest for the benefit of said beneficiary and until said beneficiary attains the age of twenty-five (25) years, at which time said trust shall be terminated and the net proceeds thereof shall be paid over to the beneficiary absolutely. I authorize and empower my said Trustee to invest the assets of said trust in any reasonable manner and not be limited or restricted to so-called "legal" or statutory investments for fiduciaries. I designate any trust hereunder to be a spend-thrift trust. The beneficiary shall have no right to invade, pledge, assign or otherwise dispose of the assets of said trust (including income) nor shall any creditor of a beneficiary have any right to seize, levy or execute upon said assets by reason of any pledge, assignment or other transfer, voluntarily or involuntarily, made by said beneficiary. I further authorize and empower my said trustee to use, consume, expend, and apply from LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. time to time such amounts of income and principal of and from said trust which in the exercise of its sole discretion shall be determined to be reasonable and necessary for the beneficiary's education. The term "education" shall be construed and interpreted to mean college or other post- high school training which is intended to improve the beneficiary's productivity as an adult or enhance the quality of his or her life. In considering what is reasonable and necessary, my said Trustee will take into consideration the primary responsibility of the beneficiary's surviving -3- parent to provide such education. It is my will and intention that the foregoing discretionary for education shall be supplementary to the parent's primary responsibility. LASTLY. I nominate, constitute and appoint my nephew, namely, TROY LONG, to be Executor of this, my Last Will and Testament and the Trustee of the trust created hereby, but if for any reason he should not qualify as such Executor and/or Trustee or cease so to serve, then and in that event, I nominate, constitute and appoint ORRSTOWN BANK, of Shippensburg, or its successor by merger, consolidation or other reorganization, to be the hereof and/or Trustee hereunder, such and both to serve without bond or other security as a condition of qualification hereunder. 1N WITNESS WHEREOF, I, DAVID L. GEARHART, have hereunto set my hand and seal to this my Last Will and Testament, which consists of four (4) typewritten pages to each of which I have affixed my signature this 3`d day of January, A.D. Two Thousand Seven (2007). p (SEAL) DAVID L. T The preceding instrument, consisting of this and three (3) other typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by DAVID L. GEARHART, the Testator therein named, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses hereto. LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. -4- COMMONWEALTH OF PENNSYLVANIA) . SS. COUNTY OF CUMBERLAND ) We, DAVID L. GEARHART, RICHARD C. SNELBAKER and JANE J. GOONEY, the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his or her knowledge, the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ss Subscribed, sworn to and acknowledged before me by DAVID L. GEARHART, the Testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANE J. GOONEY, the witnesses, this 3rd day of January, 2007. WEALTH F PENN Y C~(~JIL~- COMMON O S LVANIA ~~,;~ ~~ Notary Public Sandra K. Showers, Not~y PubNc Mechanicsburg Born, CumbeAand County My Cartanistion Expires Nov. 22, 2007 Member, Pennsylvania Association Of~Notaries LAW OFFICES SNELBAKER & BRENNEMAN, F.C.