HomeMy WebLinkAbout05-04-11PETITION FOR PROBATE AND GRANT OF' LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of VIRGINIA H. RUTH File Number ~ ~ ~ ~~ ~ ~ ~ ~~
also known as
,Deceased Social Security Number
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 INDIVIDUALS named in the
last Will of the Decedent dated 7/24/1989 and codicil(s) dated N/A
(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 execution of the instrument(s) offered
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g):
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante ~xbsentia; 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 in Section A above and complete list of heirs.); and ~~as not a party to a pending divorce
proceeding at the time of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g):
Name Relationshi Residence r
C"j c;~
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ~ = ~-=
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her .last principal residence `'~ O
17 TRINE AVENUE Mt Holly Springs PA 17065 ~~~
(List street address, town/city, township, county, state, zip code)
Decedent, then 89 years of age, died on 4/24/2011 at CARLISLE REGIONAL MEDICAL CENTER
CARLISLE PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 20,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 120,000.00
17 TRINE AVENUE, CUMBERLAND COUNTY, PA
situated asfollows: --
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
~` SUSAN R. FAHNESTOCK 111 WEST PINE ST.
'~~• •~"~ '~~ - MT. HOLLY SPRINGS PA 17065
n ~ JACQUELINE R. OGDEN 1336 S. MOUNTAINVIEW DR
oC~.cs~, ze~. ~ :-.X. \ lc~ ~t1 a _~ COTTONWOOD _ AZ 86326
Page 1 of 2
Form RW-02 rev. 10.13.06
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.
Sworn to or affirmed and subscribed
Signature of
before me tl'-;~ th day of
~~ ~~ ~ rgna e o
• ,J
For the Register Signature of Personal Representative
~_ ._
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----
File Number: 2 ~" ~~ ' ~5 ~~ :~ ~ ~ .~° i~ ~ ~ .
Estate of VIRGINIA H. RUTH , Dec ~ `~-;; _,~ -: ~?
_ ~ = :=~-,
Social Security Number: 183-12-1273 Date of Death: 4/24/2(111 -v~ "~ ~.~ C~7
~:
AND NOW, ~'~ r~ ~ , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters ~~C~ ~ ~"' !'~n~ ^
are hereby granted to
above estate
and that the instrument(s) dated 7 - ~ ~ ~ ~~~ --.•
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s;)) of Decedent. '
FEES
Letters .............................
Short Certificate(s) • • • • • •
Renunciation(s) ••••••••••••••••
1C~ ....
~ t-~ln'ZC~.-h'rm ....
TOTAL .........................
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Represpn{s~ive SU N R. F~
sonal Represen~tie-e--~ JACQUELINE R. OGDEN
Re ister of Wills ~~r : ~(~,.~
~~
Attorne Si ature: ~ ~
Y ~
Attorney Name: ROGER N[ORGENTHAL, ,ESOL'IP.E
Supreme Court I.D. No.: 17143
Address: 4431 N. FRONT ST., 3RD FLOOR
HARRISBURG
PA 17110
Telephone: 717-234-2401
Form RW-02 rev. 10.13.06 Page 2 of ~,
s.
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~ttsY 3~ii1 ttnD (GPs
OF
VIRGINIA H. RUTH
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I, VIRGINIA H. RUTH, 17 Trine Avenue, Mt. Holly Springs,
Cumberland County, Pennsylvania, declare this instrument to be my
Last Will and Testament, in manner and form following:
1. I hereby expressly revoke all Wills and Codicils
heretofore made by me.
2. I hereby direct my Executor to pay all Amy just debts,
funeral and administrative expenses out of my estate, as soon as
practicable after my death.
3. I direct that all taxes that may be assessed in
consequence of my death of whatever nature and by whatever
jurisdiction imposed shall be paid out of my estate as a part of
the administration of my estate.
4. I give and bequeath such of my personal property as may
be listed ors ar. unsigned ~nemoranr~um ?~ept wi~:h nay Will to the
,, persons named thereon. In the event that no such memorandum is
i
F
F found with my Will, it shall be conclusively pres~.~med that none
was prepared and all my personal property shall be considered a
part of the remainder of my estate.
1
5. Should my husband, James L. Ruth, survive me for a
period of thirty days following my death, I devise and bequeath
the remainder of my estate to James L. Ruth.
6. Should my husband, James L. Ruth, predecease me or die
on or before the thirtieth day following my death, I devise and
bequeath the remainder of my estate to my issue living on the
thirty-first day following my death, per stirpes.
7. I nominate and appoint CCNB Bank, N.A., Mt. Holly
Springs, Pennsylvania, Trustee of the share of any beneficiary
who may be under the age of twenty years. The in~~ome and/or
principal of said trust may be accumulated or expended for the
maintenance, education and support of such benefi~~iary as my
Trustee in its sole discretion may determine; and my Trustee, in
the expenditure of income and/or principal for su~~h purposes,
may, at its discretion, apply the same directly w:~thout the
intervention of a guardian or pay the same to any person having
the care or control of said beneficiary or with whom the
beneficiary resides, without duty on the part of i~he Trustee to
supervise or inquire into the application of the ~Eunds by any
person to whom any payment is so made. The balance o= such
income and/or principal shall be paid to such benE~ficiary upon
reaching the age of twenty years or to such beneficiary's estate
in the event of death prior thereto.
2
S. I nominate and appoint my husband, James L. Ruth, ,as
Executor of this my Last Will and Testament; and as substitute
Executrices I nominate and appoint my daughters, Susan R.
Fahnestock and Jacqueline R. Maddox.
9. I direct that my Executor and Trustee, as well as their
successors, shall not be required to give bond for the
performance of their duties in any jurisdiction.
10. In addition to the powers above provided for and those
given by law, my personal representative and Trustee, without any
order of court and in their sole discretion, may:
A. Retain any property owned by me at my death and
any form of life insurance, annuity or endowment policies;
and in so doing they may act without restriction to so-
called legal investments and without responsibility for
diversification.
B. Repair, alter, improve or lease, for any period
of time, any property, and give options for leases.
C. Sell at public or private sale, for cash or
credit, with or without security, exchange ~cr partition
property and give options for sales or exchanges.
D. Borrow money from any person, including my
Executor or Trustee, and mortgage or pledge any property.
E. Compromise claims.
F. Pay premiums oii any life insurance, annuit~r or
endowment policies which may have been retained or
purchased herein; and exercise any right, option or
privilege thereunder.
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G. Vary or retain investments, when deemed ,
desirable by Trustee, and invest in such bonds, stocks
(including bank stock of the CCNB Bank, N.A.), notes, real
estate mortgages or securities, common or diversified trust
funds, or in such other property, real or personal, as
Trustee shall deem wise, without being restricted to so-
called "legal investments."
H. Place and carry any asset of the trust in the
name of a nominee.
I. Make distribution in cash or in kind or partly
in each.
J. Terminate said trust prior to the time
designated herein, if, in the opinion of Trustee, the said
trust res, together with accumulated interest, has
diminished to the point that it is no longer economical or
feasible to continue said trust.
K. In the event that CCNB Bank, N..A., shall serve
as Trustee, I direct that it shall be compensated for the
services which it renders in accordance with its prevailing
schedule of fees in effect during the time when said
services are rendered.
IN WITNESS WHEREOF, I have hereunto set my :hand and seal
this Z- ~~ day of , 1989 .
~~~~` ~ ( SEAL )
Virginia H. Ruth
WITNESS:
V~
~ ~,,,, / ~~ °' " Y~"z I `C{r: ~ ~ `. \ Tom,/' L ~ J~.
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND :
I, Virginia H. Ruth, Testatrix, 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; that I signed it
willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by
Virginia H. Ruth, Testatrix, this °Z ~u day of ~ , 1989 .
Testatrix
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--__.__
NQTARIAL ;iEAI.
MERLENE MARHEYKA. Natzry Public
Carlisle. CumbeNand County. Pa.
MY COmmiasion Expires 6,/7190
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND :
We, Roger M. Morctenthal and Janice E. Hertzler , 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 Testatrix, Virginia H. Ruth,
sign and execute the instrument as her Last Will; that she signed
willingly and that she executed it as her free and voluntary act
for the purposes therein 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 the Testatrix was at that
time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Sworn or affirmed to and subscribed to before me by
Roger M. Morgenthal and Janice E. Hertzler ,
witnesses, this ~ t~/,,~,~ day of , 1989 .
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NOTARIAL SEAL
MERLENE MARHEVKA. ~lotary "PuDii~' "
Carlisle. Cumberland County,. Pa.
My Commission Expires 6/~t/90
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