HomeMy WebLinkAbout05-25-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Richard P. Waldron
also known as
COUNTY, PENNSYLVANIA
File Number 21 - ~ ~~ -' ~ ~ ~,~
~eceasea Social Security Number 218-30-6489
William J. Sullivan and Edward C. Malesic
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE `A' or `8' BELOW:)
QX 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 12/19/2006 and codicil(s) dated
(State relevant circumstances, e. g., renunciation, death of executor, etc.)
After the execution of the documents offered for probate: Decedent did not mar ;was not divorced; was not a parry 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 adopted; was not the victim of
a killing; and was never adjudicated an incapacitated person, except as follows:
B. Grant of Letters of Administration
app rca e, en er: c..a.; .n.c..a.; pe en e r e; uran e a sen ra; uran a mrnorr a e
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 kllling; was never
adjudicated an incapacitated person; and was not a parry to a pending divorce proceeding wherein grounds for divorce had been establlshed as
provided In 23 Pa. C.S.A. § 3323 (g), except as follows:
Name Relationshi Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~-'' ',•,n
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at `""
310 Hertzler Drive, Upper Allen Township, Mechanicsburg, PA 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 76 years of age, died on 05/14/2011 at Carolyn Croxton Slane Hospice, Susquehanna Township, Dauphin Co.
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $
(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:
OD. o o .~ ~ 6
Il /OI1/1.:
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
William J. Sullivan Saint Joseph Parish
~ P.O. Box 2012
Mechanicsburg, PA 17055
C. Malesic Holy Infant Parish
~ ~ P.O. Box 398
s~ York Haven, PA 17370-0398
Form -0 Rev. 12-26-2010 (interim form, pending action by the Court) 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 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 affinnzd and subscribed
before me this c-~~ r~ ,3 __ day of
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~~
For the Register
Edward C. Malesic
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File Number: 21 ~~
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Estate of Richard P. Waldron , Decea~t
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Social Security Number: 218-30-6489 Date of Death: 05/14/2011
AND NOW, O ~'~..~-~ ~~~ c-'~~~_, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to William J. Sullivan and Edward C. Malesic
in the above estate
and that the instrument(s) dated 12/1912006
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES '
$ ~ ~ rya ~c~Y~ ..,..
Letters ............................................ '-1 1 ~.,1 ~ ~
Register of Wills ~~ ~ 11 , f / ,n ~.~^ '/'ti
Short Certificate(s) ........................ $ ,~~` . ~~ x t~~c. ~ ~ Y~ J
Renunciation(s) ............................. $ Attorney Signature:
~,(~ b ~ ( $ ~ `7 (,~~~ Attorney Name: Terr e J Kerwin
• Supreme Court I.D. No.: 29922
$ Address:
$ Telephone:
TOTAL .................................... $ ~-~ 1 ~ ~~
Form RW-OZ Rev. 10-13-2006
Kerwin & Kerwin, LLP
27 North Front Street
Harrisburg, PA 17101
717/238-4765
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEA'TI~
WARNING: It is illegal to duplicate this copy by photostat or photograph..
Fee for this certificate, $6.00
P 17297572__
Certification Number
"]['his is to certify that the inft:~rmation here given is
correctly copied fir(>m an original Certificate of Death
dryly filed with me as Local Regiistrar. The original
certificate swill he f~)rt~~arded to the State Vital
Records Office for pern~(anenit filing-
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Lr~cal Registr~ ~,' Issued
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H1o5.143 REV 7701006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TMPER`M~EMMTI" CERTIFICATE OF DEATH
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M~ D~ F{gya Aanartse Hospital: OMer: p'7
76 Yrs. December 7, 1934 Philadelphia, PA ^ I~etient ^ ER I oupakent ^ DOA ^ Nursing Home ^ Residence nJ oMer ~ Specify.
Bet. County d DeaM 8e. C'sy, f3oro, Twp. d DeaM Bd. Faeiry Name (M rat instlltAlort, giw street and rasnb«) 9. Wes Decedent d Hiepurie Origin? [~ No ^ Yes 10. Race: American Indian, Blade. While, etc.
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Carol Croxton Slane HO 1Ce Mexican, Puerto Rran, etc.) White
17. Decsdenrs usual IOnd d w«k e ons nine d tile. Do not atau refired 12. Was Deaderd ever in Me 73. Decsdenra Education (Spedly arty ligtresl grads conpleMd) 74. Marital Statue: Monied, Never Married. 15. Survrnng Spouse (Ir wife, gNe maiden name)
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78. FeMefs Name (First, midde, lest, stAfiz) 79. MoMera NarM (Fret, ntidde, maiden sumente)
Patrick M. Waldron erite R an
20e. Inbrmanra Noma (type / Pdrd) 20b. Inlorrtrem's Mang Address (Street, pN / bvm, state, zip code)
Doroth A. Plover 98 Oneida Road Hill PA 17011
21a. McMod d Disposition r ^ cremation ^ Donatbn 21 b. Date d Dlepoeition (MmM, dry, year) 21c. Plana d Disposition (Name d cemakiry, crema7ory «oMer place) 21 d. Location (City/town, stela. zip code)
• ~ eraw ^ "°'"°"a"'«" ~1e ,,, Exams cerortarr ^ yeg^ No
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Y i Gate Of Heaven Comet Mechanics PA
22a. ~ d (« psreon acOrg as such) 22b. License Number 22c. Noma and Address d Fedtiy 8 Market Plaza Way
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230. Dde Signed (Moreh, day
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~~V~R~~~ R~C~AR~ ~o V' `Y A~~~~l "!
I, REVEREND RICHARD P. WALDRON, of Mechanicsburg, County of Cumberland,
Commonwealth of Pennsylvania, declare this to be my Last Will and revoke any Will or Codicil
previously made by me.
IT- Upon my demise, I direct my body be laid to rest in the Priests' Circle of Gate of
Heaven Cemetery, Mechanicsburg, Pennsylvania. I direct that all arrangements for my funeral and burial
be made by my Co-Executors, hereinafter named, after consultation with my family.
ITEM 2: I direct my Co-Executors, as part of my funeral expenses, arrange to have Two
Hundred (200) Masses offered for my soul and my intentions.
IT_ I direct that all my just debts and funeral expenses be paid as soon as practical
after my death.
IT_ 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 from my residuary estate as a part of
:he expense of the administration of my Estate.
IT_ I give, devise and bequeath to REVEREND WILLIAM J. SULLIVAN, of
Zohrerstown, Pennsylvania all my books and personal belongings of a priestly nature other than those
fisted on my Distribution of Tangible Personal Property kept with this Will.
IT_ I give, devise and bequeath my chalice to the Parish of St. Elizabeth Ann Seton.
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Pagelof9
ITEM 7: All my remaining personal effects, clothing, furniture, furnishings, jewelry,
automobiles, other tangible personal property of every kind I give in accordance with a document entitled
Distribution of Tangible Personal Property which accompanies my Will. To the extent that such
memorandum fails to dispose of all personal property or if the memorandum is not in existence at my
death, then I give these items to my sisters, PATRICIA M. BOYLE of 7262 Ridgeway Drive, Manassas,
Virginia and DOROTHY A. PLEVER of 98 Oneida Road, Camp Hill, Pennsylvania, share and share
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alike.
ITEM 8: I give, devise and bequeath the sum of TEN THOUSAND DOLLARS
($10,000.00) to each of my following nieces and nephews, provided that he or she shall survive my death
by thirty (30) days:
a. SUZANNE TONETTI of West Chester, Pennsylvania;
b. DAVID BOYLE of Woodbridge, Virginia;
c. JULIE HOLSTEIN of Ashburn, Virginia;
d. KRISTEN MORROW of Camp Hill, Pennsylvania;
e. MATTHEW PLEVER of Camp Hill, Pennsylvania; and
f. ANDREW PLEVER of Camp Hill, Pennsylvania.
ITEM 9: All the rest, remainder and residue of my estate of every nature and wherever
situate, together with all insurance thereon, I give, devise and bequeath in the following shares:
a. Fifty Percent (50%) to my sister, PATRICIA M. BOYLE of 7262 Ridgeway Drive,
Manassas, Virginia, so long as she shall survive me by thirty (30) days. Should she fail to survive me by
hirty (30) days, but is survived by issue then living, said issue shall then take, per stirpes, the share to
vhich my sister would have been entitled if then living on the thirty-first (31St) day after my death.
Page 2 of 9
b. Fifty Percent (50%) to my sister, DOROTHY A. PLEVER of 98 Oneida Road, Camp
a
Hill, Cumberland County, Pennsylvania, so long as she shall survive me by thirty (30) days. Should she
fail to survive me by thirty (30) days, but is survived by issue then living, said issue shall then take, per
stirpes, the share to which my sister would have been entitled if then living on the thirty-five (31St) da
Y
after my death.
ITEM 10: Should any issue of my sister, PATRICIA M. BOYLE be entitled to a share of
my estate not have attained the age of twenty-five (25) years at the time of distribution to him or her, I
devise and bequeath the share of such beneficiary to my sister, PATRICIA M. BOYLE of Manassas,
Virginia, as Trustee (I appoint my sister, DOROTHY A. PLEVER of Camp Hill, Pennsylvania, as first
alternate Trustee and VERY REVEREND EDWARD C. MALESIC of York Haven, Pennsylvania, as
second alternate Trustee), to be held in separate trusts, to hold, manage, invest and reinvest the share so
received, in accumulation of income thereon, and to use and apply the income and principal, or so much
thereof as, in Trustee discretion, may be necessary or appropriate for such beneficiary's maintenance,
support, and education (including college education, both graduate and undergraduate;- without regard to
his or her parents' ability to provide for such maintenance, support or education, or to make payment for
these purposes, without further responsibility, to such beneficiary's parents or to any person taking care of
>uch beneficiary. Any principal or income not so applied shall be distributed to such beneficiary
absolutely when he or she attains the age of twenty-five (25) years. If he or she dies before attaining the
ige twenty-five (25), the Trust shall terminate and such share shall be distributed to his or her personal
epresentative. Should the principal of any trust herein provided for be or become too small in the
rir
trustee's discretion so as to make establishment or continuance of the trust inadvisable, the trustee or my
personal representative may, without court approval, make immediate distribution of the then-remaining
principal and any accumulated or undistributed income outright to the person or persons and in the
Page 3 of 9
T_
proportions they are then entitled to income. Upon such termination, the rights of all persons who might
otherwise have an interest as succeeding income beneficiary or in remainder shall cease.
ITEM 11: Should any issue of my sister, DOROTHY A. PLEVER be entitled to a share of
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my estate not have attained the age of twenty-five (25) years at the time of distribution to him or her, I
devise and bequeath the share of such beneficiary to my sister, DOROTHY A. PLEVER of Camp Hill,
Pennsylvania, as Trustee (I appoint my sister, PATRICIA M. BOYLE of Manassa, Virginia, as first
alternate Trustee and VERY REVEREND EDWARD C. MALESIC, of York Haven, Pennsylvania, as
second alternate Trustee), to be held in separate trusts, to hold, manage, invest and reinvest the share so
received, in accumulation of income thereon, and to use and apply the income and principal, or so much
thereof as, in Trustee discretion, may be necessary or appropriate for such beneficiary's maintenance,
support, and education (including college education, both graduate and undergraduate j without regard to
his or her parents' ability to provide for such maintenance, support or education, or to make payment for
these purposes, without further responsibility, to such beneficiary's parents or to any person taking care of
such beneficiary. Any principal or income not so applied shall be distributed to such beneficiary
absolutely when he or she attains the age of twenty-five (25) years. If he or she dies before attaining the
age twenty-five (25), the Trust shall terminate and such share shall be distributed to his or her personal
representative. Should the principal of any trust herein provided for be or become too small in the
trustee's discretion so as to make establishment or continuance of the trust inadvisable, the trustee or my
personal representative may, without court approval, make immediate distribution of the then-remaining
principal and any accumulated or undistributed income outright to the person or persons and in the
proportions they are then entitled to income. Upon such termination, the rights of all persons who might
otherwise have an interest as succeeding income beneficiary or in remainder shall cease.
Page 4 of 9
ITEM 12: My co-executors, trustee or their successors shall have the following powers in
addition to those given by law to be exercised by them in their absolute discretion, which powers shall be
applicable to all property held by them, effective without the order of any court and until the actual
distribution of all such property:
a• To retain any investments at discretion including stock of any corporate fiduciary
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Thereunder or of a holding company controlling it;
b. To invest and reinvest in the co-executor's or trustee's discretion as permitted under Act
28 of 1999, as amended, the "Prudent Investor Act," with the specific right to invest in stocks, bonds and
real estate, including non-income producing residential real estate for the occupancy of any present
income beneficiary or beneficiaries, and in such diversified, proprietary money market and mutual funds,
including such mutual funds of any corporate fiduciary hereunder or those of any successor or affil'
sated
corporation or a holding company controlling it, as my co-executors or trustee deem appropriate;
c. To sell, to grant options for the sale of, or otherwise convert any real or personal property
or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such
terms as he may think proper, and to execute and deliver good and sufficient conveyances, assignments
end transfers thereof without liability of any purchaser to see to the application of the purchase money;
d • To borrow money and to secure the repayment thereof by mortgage of real or personal
property, pledge of investments or otherwise, without liability on the part of the lenders to see to the
application thereof;
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e. To compromise claims by or against my estate or any trust created hereunder;
f To allocate and distribute different kinds or disproportionate shares of property or
ndivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each;
~~u
Page 5 of 9
g. To register investments in the name of a nominee or to hold the same unregistered in such
form that he will pass by delivery;
h. To join in any recapitalization, merger, reorganization or voting trust plan affecting
investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and
generally to exercise all rights of security holders;
i. To manage, operate, repair, alter or improve real estate or other property, and to lease real
estate and other property upon such terms and for such period as my co-executors or trustee deem
advisable even for more than five (5) years and beyond the duration of any trust;
4
j. To deduct administration expenses upon either the federal estate tax return or fiduciary
income tax return with or without adjustment as between principal and income, as my corporate or
disinterested co-executors shall determine;
k. To associate with them in the absence of a corporate fiduciary, an accountant, custodian
and investment advisor, and other agents and to compensate them from principal or income or both, as my
co-executors or trustee shall determine, such compensation to be a reduction of the compensation of my
tors or trustee;
1. To associate with them at any time, in their absolute discretion and of their choice, a
corporate fiduciary which shall have the same powers as my executor or trustee, such designation by my
co-executors or trustee and acceptance by a corporate fiduciary to be in writing;
m. To combine, without prior court approval, any trust herein with any other trust with
~bstantially similar provisions, although such other trust may have been created by separate instruments
id by different persons, and, if necessary to protect different future interests, to value the assets at the
ne of such combination and to record the proportionate interest of each separate trust in the combined
nd; provided however, that no such combination shall be permitted if the effect of such combination
Page 6 of 9
would be (1) to violate the applicable rule against perpetuities; (2) to disqualify any interest in one or
more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable; or
~(3) to cause the loss of the exempt status of one or more of such trusts from the imposition of the
~ generation-skipping tax;
n. To exercise any stock options which he may receive; to borrow such funds from any
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!source as my co-executors or trustee may deem necessary for the exercise of such options; and to pledge
assets as my co-executors or trustee deems appropriate for this purpose;
o. No trustee shall be required to qualify before, be appointed by, or, in the absence of a
breach of trust, account to any court (and failure to account alone shall not be considered such a breach);
(nor shall trustee be required to obtain the order or approval of any court in the exercise of any power or
decision granted hereunder;
p. To allocate any generation-skipping transfer tax exemption from the federal generation-
skipping transfer tax to any property to which I am deemed the transferor under the provisions of Section
2652(a) of the Internal Revenue Code of 1986 and its successors, including any property transferred under
my will and any property not in my probate estate and any property transferred by me during life as to
which no allocation was made prior to my death, to the extent necessary to cause the inclusion ratios
applicable to such transfers to be zero;
q. To disclaim any interest in property without court approval; and
r. To do all other acts and things necessary or appropriate in the management,
administration and distribution of my estate or trust.
ITEM 13: Until distributed, no gift or beneficial interest shall be subject to anticipation or
voluntary or involuntary alienation.
Page 7 of 9
ITEM 14: I appoint REVEREND WILLIAM J. SULLIVAN of Rohrerstown, Pennsylvania
and VERY REVEREND EDWARD C. MALESIC of York Haven, Pennsylvania, Co-Executors, of this
my Last Will. In the event Reverend William J. Sullivan and Very Reverend Edward C. Malesic,
.predecease me, fail to qualify or cease to act as Co-Executors, I appoint REVEREND MICHAEL E.
MESSNER of Abottstown, Pennsylvania, alternate Executor of this my Last Will.
ITEM 15: I direct that my personal representatives, trustee, or their successor, shall not be
required to give bond for the faithful 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 (g day of ,~.~L'.e;m.~'~U" , 2006.
~. , .G
RE REND RICHARD P. WALDRON
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
lereunto subscribed our names as attesting witnesses.
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residing at ~~ t'~,~ r 7 ~ ~ ~ _ ~ ~ t ,
residing at l0 Y - ' ~~ ~ ~~~
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Page 8 of 9
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
and
ss:
We, REVEREND RICHARD P. WALDRON, _ ~. /~u, ~i~/ ~u ~ ~,-S
~, ~ I ;;~~ ,
~' ""'~`' ~- `~~''~ ,the Testator and the witnesse
s 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 that
he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein
expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as
witness and that to the best of his or her knowledge, the Testator was at the time eighteen (18) years of
elder, of sound mind and under no constraint or undue influence.
~~~~~~~~
REVEREND RICHARD P. WALDRON
_~. i
Witness
~'~
Witness
Subscribed, sworn and acknowled ed before me ~ sa ~
g ~A~c ~ L'.~y ,v L by
REVEREND RICHARD P. WALDRON, the Testator, and subscribed and sworn to before me by
T ~A-~~A9/t::~ ~ and /~;~~~ ~(~ 1~~- ,the witnesses, this
~~day of , 2006.
-~
ota ublic (SEAL)
COMMONWEALTH OF PENNSYLVANIA
Page 9 of 9 USA MARIE~OYNELNOTARY PUBtiC
NAMPDEN TWP., CUMBERLAND COUNTY
MY COMMISSION EXPIRES JUNE 10 2008