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HomeMy WebLinkAbout05-03-11J PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of _ also known as Kenneth E. Stoner COUNTY, PENNSYLVANIA File Number 211-11 '°°- G).~~3 1 ,Deceased Social Security Numkier 162-22-4205 Bonnie L. Hockley and Kenneth E. Stoner Jr. _ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `8' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the last Will of the Decedent, dated Od/15/2002 and codicil(s) dated _ Rncp~ M StnnPr hac rann~incaei _ State relevant circumstances, e. g., renunciation, death of executor, 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 born or ~~dopted was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: None ^ B. Grant of Letters of Administration (If applicable, enter: c. t. a.; d. b. n. c.t.a.; pedente liter durante absentia; durante minoritate) 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 incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce haci been established as provided in 23 Pa. C.S.A. § 3323 (g), except as follows: Name Relationship Residence ~: t r j 7 w . r-- '~ ~~ ,~ ~ +, :.J ~,, _ _._ ~-- ._ - ..~ . _i ,- _ ~ : t~7 ,_,,,~ `..~ ~ ) "i ~ ~ . ~ '~ - ~. i (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. =-`'i ~ ~ =+ %=r''-~ ~~ . , i. _.._ , Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last princip~'residence a;t,~ ~-`~ O ~°•. 11 Whitmer Road. Shippensbura. Southampton Township, Cumberland Countv, PA 172'57 (List street address, town/city, township, county, state, zip code) Decedent, then 83 years of age, died on 01/23/2011 at Manor Care, Chambersburg, PA 17201 Decedent at death owned property with estimated values as follows (If domiciled in PA} All personal property $ _ 29,205.00 (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: 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 undersigned: Signature Typed or printed name and residence ~ Bonnie L. Hockley 25 Annendale Drive ~ ,,,-~ _. Carlisle, PA 17013 Kenneth E. Stoner Jr. 914 Cockilin Street /' _ C ~' Mechanicsburg, PA 17055 Form RW-OZ Rev. 12-26-2006 (interim form, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. Page 1 of 2 i ~ i 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 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. or ffirmed and subscribed ~C ~~'~~~'"`y ~G~~+ Sworn tc a ~,~ Signature of Personal Repre entative g nnie H kley r'^ before me this ~~~ ~ day of ~..,~ " ~ . , ~ ~,r-~ ~ {,,,L ~~~ ~ Signature of Personal Represen ative Kenneth E. Stone~lr. - ~---t- `- .' ~f: "'c"' Signature of Personal Representative 1=or-the Register n ~C7 ~_ rri --w: -~ ,r- :! ~ ^..;" ~ 1 ~~ - " i 3 File Number: 21-11 - (, ~ 3 ~~ _t~ __I ~,~A} r> ;..f,; ; -r ~", Estate of Kenneth E. Stoner Social Security Number: 162-22-4205 Date of Death: 01/23/2011 Att AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary _ are hereby granted to Bonnie L. Hockley and Kenneth E. Stoner Jr. _ in the above estate and that the instrument(s) dated 04/15/2002 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................................... `7 (~-'~ Q ~ $ Short Certificate(s)................ $ 1:~ Q ~ Renunciation(s) ............... ~.......... ~ C) $ t~ ~~i /' (~~-.^' /j/~f j $ ~ r~~ $ $ $ $ TOTAL ................................... $ ~: ,_. $ r ~ Att Deceased Shippensburg, PA 17257 Telephone: 717/532-7388 Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Supreme Court I.D. No.: 01624 Weigle & Associates, P.C. Address: 126 East King Street _ _ ..-- ~ ,~ ~ ~~ ~ t ° C / `a ~~~ / .~° LC~C:AL REGIST'RAR'S ~ER~"11='! 'I~I'~ I~` I ~~~~~ ~{V~~NINfa~ It ~~ Illeg~4 to dupl'i~~t~~ than ~:(~j I~pyf ~~~~r~i~~m~~~; ~ ~~;1~~(~~~° F~<~:r ia(~ this ~~i:•riil-~~~.fti:~. 4~~, i)~ P 1727685 co v_~ ~ ,~ u_, _.. _~ ,_-_. a..- .. `--~ C J H105-143 REV 11k0a6,- T ' ~ ... t_~ ~+ ~~ t J'f TYPE / PRIN~dH-1 -~ PERMANE ' ~ BLACK I T ~. ` ! L1._1 ,.`_ _ -- ! -)- J `^~ ( . ('' i / r~ ~r . U~1 i_ L w 0 w w 0 0 w Z ,. , t.:.v ~~~ f., .. ''} , ''',~~'~'~ l~^, _.. _. .,, COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples en revercel t (Firstle, last, suffix) (~- ,~__ eth ~... Stonez( 4~9~ 2. Sex 3. Social Security Number , ` r'LC Vm 4. Date of Death (Month, day, year) 7 Male 162 -22 - 4205 January 23, 2011 5. Age (Last Birthday) Under 1 ar Under 1 da 6. Date of Birth Month, da , ar 7. Birth C end state or lorei count 6a. Place o1 Death Check on one Months Deys Hours Minuses 83 _ Hospital: Other: vrs. 9-26-27 New Franklin, PA ^Inpatient ^ERIOutpatient ^DOA ~NurshgHorne ^Residence ^Other-S ci pe ty: Bb. County of Death 8c. City, Boro, Twp. of Death Bd. Facility Name (If rwt insdtutbn ~ , give street end number) 9. Was Decedent o1 Hispanic Origin? ~] No ^Yes 10. Race: American Ind6an, Black, While, etc. Cumberland S . Middletown Twp. ManorCare (If yes, specity Cuban, 13P~h1 Mexican, Puerto Rican, etc.) tilhite 11. Decedent's Usual Occu ation Kind of work done Burin most of work' Me. Do not stale retired 12. Wes Decedent ever in the 13. Decedent's Educatbn (Specity onty highest grade com leted) 14 Mantel St t M rr d N M Kind of Work Construction Supervisor KindolBusiness/Industry Boyd Diller Coinstruct U.S. Armed Forces? ~ Elementary / Serrondary (0-12) 8 ea p College (1.4 or 5+) . a us: a ever e , arried, Widowed, Dnrortxrd (Specify) 15.:iuruwing Spouse (If wtle, give maiden name) . YeS ^ ~ y rs married Rosey M. Bowerm,aster 16.Decedent's Mailing Address (Street, city /town, state, zip code) 1 1 Decedent's Act al R id 7 pp~ Did Decedent Southampto T ~ Whi tmer Road u es ence 1 a. State n W Live in a 17c. Yes, Decedent LNed in-_ P • T,,~, T Shippensburg, PA 17257 17b.Counry ownship? Cumberland 17d.^No,DecedemLivedwithin Actual Limits of _ CNy! Boro 16. Father's Name (First, middle, last, suffix) _ 19. Mother's Name (first, middle, maiden surname) Cyrus P. Stoner Lela V. Miller 20a. Informant's Name (Type /Print) 20b. Informant's Meiling Address (Street, city /town, stale, zip code) Kenneth E. Stoner, Jr. 914 Cocklin St., Mechanicsburg, PA 17055 21 a. Met{h/od of Disposition ~ ^ Cremation ^ Donation ~ ~B d l ^ R l f 21b. Date of Disposition (Month, day, year) 21c. Place of Disposition (Name of cemetery, crematory or other place) _ 21d. Location (Cityltown, state, zip code) CLf u e emova rom State r WasCremationorponationAuthorized ^ Other - i! r by Medical Examiner/Coroner? ^Yes^ No • 1_28_11 Parklawns Memorial Gardens Chafflbersburg, PA 17201 -a. Signature o~ prep,LjQensee or person acting as such) 22b. License Number ( ~ 22c. Name and Address of Facility - i J FD-012984-L Fo elsan er-Bricker Funeral Home Inc. Shi ensburcT, PA 17 Complete items 23a-c only when certiying 23a T the s m knowled e he tim t d d l d i . y g , e, e an a p ace stale . (S gnature and title) 23b. license Number 2 .Date Signed (Month, day, year's physican is not available at time of death to /~v certify cause o1 death. r~.t•-- ," YJ ~ 5~ ~ q ~ C / - ~Q ~~ ~ / ,/ Items 24-26 must be completed by person 24. Ti of De 25. Data anted Dead (Month, da ~ who pronounces death 5 y, year) 26. Wes Case Refened to Medical Examiner l Coroner a Reason Other an Cremation or Donation? 3 ~ . f D v ~ - M. ~ ! ^Yes ©No ~ U CAUSE OF DEATH (See Instruetlons examples) r Approximate interval: Item 27. Pan I: Enter the chain of events -diseases, injudes, or complicetbns -Mat diredty caused the deaf . DO NOT enter terminal events such as cardiac arrest, i Onset to Death res irato ar tr t l fib ill tw hh Part II: Enter other liimifirant conditions contdbutino to ds~, 28. Did Tobacco Use Contribute to [kith? but not resuking in the undertying cause given in Fart I. ^Yes ^ Probabl p ry res , or ven wu ar r n w a out showing the etidogy. List ony one cause on each line. ~ r y ^ No ['Unknown IMMEDIATE CAUSE (Final disease or ~ ~ condition resuting in death) ``__ ~ ~ ~ ! , ~ ~ .... ' / r ~ ~ ~ Ij 29. It Female: _~ _S Due to (or as a co ~ quence oQ: ~ , ^ Nol pregnant within past year SeGuentially list conditions, 4 any, b l di t th ~ ^ Pregnant at time of death ea ngg o e cause listed on kne a. Enter the UNDERLYING CAUSE Due to (or as a consequence of): ~ - ^ Not pregnant, but pregnant w8hin 42 days (disease or injury that initiated the c • r o` death events resulting in death) LAST. Due to (or as a consequence aQ: r r -- ^ Not pregnant, but pregnant X13 days to 1 year d. i r before death - ^ Unknown it pregnant within Ilhe past year 30a. Was en Autopsy Penormed? 30b. Were Autopsy Findings Available Prior to Completion 31. Manner of Death ~~ 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occurred 32c. Place of Injury: F1ome, Farm, Street, Factory, of Cause of Death? rr~~ L7Nalural ^ Homicide Office Buildin et 9, c• (~~ty) ^ Yes No ^ Yes ^ No ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at Work? 32f. If Transportation Injury (Specity) 32g. Location of injury (Street, city /town, slate) ^ Suicide ^ Could Not be Determined ^Yes ^ No ^ Driver/ Operator ^ Passenger ^ Pedestrian M ^ Other • Specity: 33a. Cenifier (check only one) 33b. Si nalum and Ile ~nilier ~ • Certifying physlclan (Physician certifying cause nt death when another physician has prorwunced death end completed Item 23) ~,-- ; .~i ~•-~-~ ..... fi~_ ~,..~ I ~ ~ To the best of my knowledge, death occurred due to the cause(s) and manner as stated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ t .._.. 3 _ - -- • Pronouncing and certltyfng phyaiclan (Physician both pronouncing death and cenitying to cause o1 death) 33c. License.Nurfjb er Y - _ 33d. Dale Signed (Month, day, year) To the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and manner es steted_ • Medical Examiner/Coroner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ - V `~/T f ~l ~ ( s ~ ~ i V ~ ( ~ , /; / y C T On the basis of examination end / r Investigation, In my opinion, death occurred et the time, date, end place, and due to the cause(s) end manner as steted_ ^ 34. Name and Address of Person W Com~leted Caus of Death (Item 27) Type /Print Registrar's Signature end I ~ 1 , ~! 36. le Filed (Month, day, year) s ~ ~ - ~. ~ s•~ I / I / I ~. ._ v ~J~4J (~ ri Dispositbrt Permit No. a I ` ~ ~I ?ti' C., ' ~"~ LAST WILL AND TESTAMENT n~ --. c~ ~ ... , ; ; ~' ' ~, KNOW ALL MEN BY THESE PRESENTS, that I, KENNETH E. STONE~a <~~ C ~~ ~~ .~~` ~~~ ."' ~ _ ._ CJ ~ Pennsylvania, being of sound and disposing mind memory and understar~in , g, do make, publish and declare this my Last Will and Testament, hereby revoking all prior wills and codicils by me at any time heretofore made. FIRST: I direct the payment of all my legal debts, funeral expenses including my grave marker and all expenses of my last illness, state, federal estate and inheritance taxes and administration costs shall be paid as soon as may be conveniently done following my decease leaving all specific bequests free of tax to the legatee. SECOND: I give, devise and bequeath all my property be it real, mixed or personal, to my wife, Rosey M. Stoner. THIRD: If my wife should predecease me or if we should die in a common disaster, then in either of those said events, I give, devise and bequeath all of my property, be it real, mixed or personal, as follows: a. I give and bequeath my 300 Savage Rifle to Kenneth E. Stoner, .Jr.;my 243 Remington Rifle to Bonnie Hockley; my 284 Savage Rifle to Ronnie E. Stoner and my 44 magnum Smith and Wesson to Wayne P. Stoner. b. I give and bequeath 4/5 of my estate to my children Bonnie L. Hockley, Kenneth E. Stoner, Jr., Ronnie E. Stoner and Wayne P. Stoner, in equal shares, share and share alike, per stirpes. c. I give, devise and bequeath 1/5 of my estate to Kenneth E. Stoner, Jr. and Bonnie L. Hockley, in trust, nevertheless to invest and reinvest the same for the benefit of my daughter, Connie Marie Stoner, witr~ the following rights and duties: 1. No principal payments from the said trust shall be made to Connie Marie Stoner nor shall any principle be expended for her benefit or distributed for any purpose except as herein provided. 2. No payments from income shall be made from this trust until the trustee shall have taken into consideration all of my daughter's available assets and sources of income including the entitlement to benefits and services from local, state, fecleral or private agencies or sources. 3. During the life of my daughter, Connie Marie Stoner, no portion of this trust, either principle or income, shall be subject to anticipation, pledge, assignment or obligation of my daughter nor be subject to any reimbursement, execution, attachrr~ent, or other claims of creditors or of anyone who may be obligated for her support, including any government, governmental agency or private agency which has provided benefits or services to my daughter. 4. During the life of my daughter, Connie Marie Stoner, after the considerations as set forth herein, my trustee may expend for my daughter, for her health and medical care, support and maintenance and reasonable comfort so much of the income of the trust as my trustee shall determine. My trustee may also expend from the trust assets all expenses necessary to rnaintain my real estate, including the payment of taxes, for so long as my daughter, Connie Marie Stoner, resides there. My trustee shall have sole and absolute discretion in determining whether such expenditure for my daughter is to be made. It is my desire that the trustee provide such resources and experiences as will contribute to and make my daughter's life as pleasant, comfortable and happy as is feasible. Nothing herein shall preclude the trustee from purchasing those services and items which promote my daughter's happiness, welfare and development, including, but not limited to, vacation and recreation trips away from places of residence, expenses for traveling companions if requested or necessary, entertainment expenses, supplemental medical and dental expenses, transportation costs, telephone and television services. I~t is my intention that this trust be a supplement needs trust (andl not a support trust) for the supplemental and special needs of my daughter. 5. During the life of my daughter, Connie Marie Stoner, all payments from this trust which go to her benefit, shall be direct payments to the person or entities supplying goods or sE~rvices to her. 6. Should the existence of this trust disqualify my daughter, Connie Marie Stoner from eligibility for any substantial governmental or private aid or benefits or services, then this trust may, in the sole discretion of the trustee, be terminated and the then-remaining principal and any accumulated and undistributed income be distributed to the beneficiary named hereinafter. It is my intention in creating this trust to provide a supplement for the comfort and happiness of my daughtE~r,. Connie Marie Stoner, without interfering with, reducing or disqualifying her from aid, benefits or services she would otherwise be entitled to and to maximize the ultimate distributive shares for my remainder beneficiaries. I do herby specially waive, renounce and disclaim any rights which I, my heirs and assigns, and any other person or entity may otherwise have to seek invasion of the assets of this trust pursuant to any statute or rule of law of any jurisdiction. My trustee shall if any change in law has altered the requirements of a "special needs" trust place within the trust established such language and conditions that allow the trust to continue without disqualifying my daughter. 7. Upon the death of my daughter, Connie Marie Stoner, or upon my death if Connie Marie Stoner should predecease me, this trust shall terminate and all principal and accumulated income shall be distributed to all my then remaining children in equal shares. FOURTH: I direct that my Executor may keep and maintain my principal residence if the said residence is used as a home for one of my children. SIXTH: I nominate and appoint Rosey M. Stoner as the Executrix. If she should be unable to serve or fail to serve I nominate and appoint Bonnie I'~. Hockley and Kenneth E. Stoner, Jr. as my Executors. No Executor shall be required to post bond. IN WITNESS WHEREOF, I, KENNETH E. STONER to this my Last Will and Testament set my hand and official seal, this 5~~~` day of April 2002. Kenneth E. Stoner Sworn to and subscribed, declared and Published by Kenneth E. Stoner, as His Last Will and Testament, and so Done in the presence of we the Witnesses, who sign at his request, And in his presence, and in the presence Of each other. i ~'~ ~~. ~~ ~ G~ a ~.i ~~ /` COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND I, KENNETH E. STONER, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed it willingly; and that I signed it as my free and voluntary act for the purpose therein expressed. 2 ~ Kenneth E. Stoner Sworn to and acknowledged, before me, By Kenneth E. Stoner, the Testator, This ~ ~~~~ day of April 2002. ~~ Notary Public Notarial Seat Dawn Marie Shoop, Notary Public ShlPpensburg Boro, Cumbertend County y Commission Expires Feb. s. 2tfU4 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND WE, ~~ ~~.~ ~~c~vey and S~cvc~~ Co~~v~~N ~-~~~s ,the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes tl'~erein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses, and that to the best of our knowledge and belief the TE~statrix was at the time at least eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. ~~ ;' ,,~ Sworn to and subscribed before me by, The witnesses, this i ~ ~ day of April 2002. ~-~ l ~ ~ '~ otary Public Notariai Seal Dawn Mafia oop~ Notary Public Shippensburg 8txos~ Cumberland My Commission Expires Feb. 5.2{4 ~, RENUNCIATION REGISTER OF WILLS OF CUMBERLAND Estate of Kenneth E. Stoner COUNTY, PENNSYLVANIA Deceased i~ Rosey M. Stoner in my capacity/rel2itionship as (Pant Name) spouse and Executrix named in the Will of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Bonnie L. Hockley and Kenneth E. Stoner, Jr --~, -- I ~ G c~ .. , w,: - . cr.- ~:~_ ~-- -, C- ~~ G J„ C~ ~~ t ~. _y __ a..L .._.. , ,_.. Executed in Register's Office Sworn to or affirmed and subscribed before me this day of . Deputy for Register of Wills NOTARIAL SE,AI_ Jerry A. Weigle, Notary I~ublic City of Shippensburq, Curni7erland County My Commission Expires O~~tober 7.2014 Form RW-O6 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. ,~ -.~-~-- ,~l. y,~~~.1 ~~/ (Sig~ture) Rosev M. Stoner 11 Whitmer Road (Street Address) Shippensburq, PA 17257 _ (Cdy, State, 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 ren ~~ ion for the purposes stat within on ay of ~ . /J /^~ ~ 9 ,Y n ,~i. '~~ ~/ j ~ 1 otary P blic My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of Pxniratinn ~f N.,r~~„~ ~„