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Home My WebLink About06-06-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~'LVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LE'T'TERS Estate of Benjamin Otto ,Deceased ESTATE 1'10: 21-,.~(, ~ ~ -~ ['~~ ~ a/k/a: Benjamin ]. Otto a/k/a: a/k/a: SS NO:~ 165-38-,2 j335 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' ~11~1D "C" as applicable: D A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b. .c.t.a. (complet Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary under the last Will of the above-named Decedent, dated 8/22/1983 and codici (s) dated , (State relevant circumstances, e.g. renunciation, death of executor, a c.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or dopted after exec tion of the instruments offered for probate; was not the victim of a killing, was never adjudicated an inca acitated person,; a d was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce h d been establish d as defined in 23 Pa. C.S.A. § 3323(g): ^ B. Grant of Letters of Administration ~u appucao~e, enter a.u.n., pendent lite, durante absedtia, durante minor C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was II urvived 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 ection A and c heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was of a party to ; proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A § 3323(g), exc Mete list of nding divorce as follows: Name Address Relation h to lied ~ . ; ~ f .. ~. a. ~-*~J ' , .. 7 (w ." USE ADDITIONAL SHEETS IF NECESSARY ~ ~ ~._~, THIS SECTION MUST BE COMPLETED: - ,µ,__ Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her la t famil ~ rl i al re~fdenc~" j~ Y ~'P ~ P ~ `,~,,~ At 213 S. Second Street Wormle sbur Wormle sbur Boro Penns Ivania 17043 c •- (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 62 years of age, died 5/14/2011 at Wo mleysburg, PAS (Month, Day, Year of death) (City and State wh re death occurred) Estimated value of decedent's property at death: _If domiciled in PA All personal property ~ $ 1361, 0.00 _If not domiciled in PA Personal property in Pennsylvania ~! $ _If not domiciled in PA Personal property in County I $ _Value of Real Estate in Pennsylvania 'I $ 100 0.00 Total Estimated Value $ 236 0 0.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 213 5. Second Street, Wprmleysburg, {? 17043 Signature(s) Name(s) & Mailing Add ess(es) ~,', ~ PNC Bank, National Associatiofi successor to C~ B Bank, N.A. \l ~ 4~~~p~ ~ ~ 4242 Carlisle Pike, Camp Hill, A 17011 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court ', Page 1 of 2 - - - i - - - ~ ~ OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland : The Petitioner(s) herein named swear or affirm that the statements in the foreg' ing Petition ~r~ true and correct to the best of the knowledge and belief of Petitioner(s) and that, as pers~pnal re resenta ive s of t Decedent, Petitioner(s) will well and truly administer the estate according to lajw. p O he Swain to or affirmed and subscribed ~ ~~'' ~~ ~ ~~ ~ti. before me this ~ da of ~ ` ~ Rt~~~ ~~~~ ~ ~ s For the Register DECREE OF PROBATE AND GRANT OF LETTERS :tea c_.. aC ~, _t7 c~ , Estate of ~,j -~ °;~~~ 'Q ~ ^~C_1 ~ ~ ~} ~ ~ 1 t~ ,Deceased File Number: 21- ^ -~' y"~'= - z"~ U - :. ~-- AND NOW, this ~ p~ day of ~ the reverse side hereon, satisfactory proof avmg been resented before m n consideration t~s 't e Petit on `"~' p e, IT IS DECREED :hat Letters ~C Testamentary of Administration are hereby granted tl~l: ~/ (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) 1~--- . the above estate and that instruments(s) dated admitted to probate and filed of record as the last Wi 1 and _1 ~i ~~ described in the petition be odicil(s) of Decedent. in ,~ Glenda Farner Strasbaugh, Register of Wills ~~'~ k~PaU~~~l ~ ~ . FEES: Letters .................... $ Will ....................... ~ Codicil(s) .............. . (~) Short Certificates ( )Renunciations....... Bond ............................ Other ............................ ................................. ................................. Automation FEE......... 5.00 JCS FEE .................. 23.50 TOTAL ................ $ ~ ~~ • Signature of Couns >Ir to Enter Atty's rtcliv i ~ tv e!. Patricia Carey Zucker Suprem C rt ID No.: 37334 Address: 635 N. 12th 101 Lemoyne, PA 17043-12 Phone: (717) 724-9821 FaX: (717) 724-9826 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 WILL I, BENJAMIN OTTO, of 210 Senate Avenue, Apts. 421, Camp ,,Hill, Cumberland County, Pennsylvania, declare this Ito be my last will and revoke any will previously made by me. ITEM I. I direct that all my just debts ar~~ funeral expenses, including the cost of a suitable gravemarker and per- petual care for my burial plot, shall be paid from t~e assets of my estate as soon as practicable after my decease . ITEM II. I give all the residue of my estate, real and personal, in equal shares to my children, JASON E. O~TO and JEREMY W. OTTO, provided `that the share of any child ;who prede- ceases me shall be added to the share for my other c~~i ld. In the event that both of my children predecease me, or in the event that both of my children die before reaching the age !of twenty- five (25) years, then and in that event, I give all the residue of my estate, real and personal, to my sister, SANDRA J. FERRAR. If either of my children, JASON. E.; OTTO or JEREMY W. OTTO, are under twent five 25 Y- ( ) years of a~e at the time of my death, such child's share of my estate shall be distributed to my trustee and administered as followsx A. If my children elect to pursue; a higher education, then and in that event, my trustee may utilize the income from the individual child's trust to pay up to one-half (~) of the expenses incident to such higher educations including room and board; tuition; books and supplies incident Ito schooling; and other expenses incident to schooling. ~` r•,~ ~~.. Page 1 of 5 Pages. Y ~` ~=, ~ .. r'~'-f ~ cn ~~ ~:.~:~ c~-~ Q^ `~`n ~ ~ •• _' ' ~ r` r -- . ' ~~ _ ~~~ ' B. In the event that the income ...from the a trust is not sufficient to cover one-half (~) of the expenses outlined in ITEM II A. above, then and in that event the trustee may invade the principal of the trust in order to pa~ the above expenses. C. The principal of the trust (ar~d any income "not used to meet expenses set for th in ITEM II A, abc>ve) is also available to cover one-half (~) of the costs of any ~mergency or medical expenses incurred by my children. Payment o~ these expenses and the determination of emergency medical :~upplies rests in the discretion of my trustee. D. The balance of such incom ' ~ e •r principal shall be held as a separate trust for the beneficiar and sub- ject to my trustee's power to pay to, or to apply for the benefit of , the beneficiary, both income or principal of such` trust, shall--together with any net income therefrom--be kep invested and paid, as the case may be, to the beneficiary when. he reaches twenty-five (25) years of age; and E. If either of my children whose' share of my restate is held in trust hereunder shall die before ruching his twenty-fifth birthday, such share shall be added to tt~e share for my other child . ITEM III. No interest in income or principa~ shall be assignable by, or available to anyone having a claim g ainst a beneficiary before actual payment to the beneficiary, ITEM IV. All federal, state, and other death taxes payable on the property forming my gross estate for ta'~x purposes, 0 9 E Page 2 of 5 Pages. } i ` ' ' 'whether or not it passes under this will, shall be p id out of 'the principal of my residuary estate just as if the ~' were m ~~ y debts, and none of those taxes shall be charged agax st an y beneficiary. ITEM V. I authorize my executor: ~. A. to retain and to invest in a11. forms of real and personal property, regardless of (i) any li itations ~ imposed by law on investments by executor or trustee ,x (i i) any principle of law concerning delegation of investment 'res on- p sibility by executor or trustee, or (iii) any princip~'~~le of law concerning investment diversification; B. to compromise claims and to ablandon any 'property which, in my executor's opinion, is of little or no value; to borrow from, and to sell property to others, and to led e P g property as security for repayment of any fund borrowed; C. to sell at public or private sale, to exchange or to lease for any period of time any real ~c~r personal property, and to give options for sales or leases; D. to join in any merger, reorgan~'zation, voting-trust plan or other concerted action of securii~'y holders and to delegate discretionary duties with respect thereto; E. to use administrative or otherexpenses of my estate as income tax or estate tax deduct ions and t' value m y estate for tax purposes by any optional method permitt,d by the law in force when I die, without requiring adjustments' between income and principal for any resulting effect on incomes or estate taxes and; Page 3 of 5 Pages. II ~ , • ~' I ' F. to distribute IN KIND and to allocate spe- cific assets among the beneficiaries in such ro o r t. 'o n s A p ~- a s my executor may think best, so long as the total marketl'v alue of any beneficiary's share is not effected by such allocati n. These authorities shall extend to all real and personal property at any time held by my executor and shall c~bntinue in full force until the actual distribution of all such property. i All powers, authorities, and discretion granted by t~~is will shall be in addition to those granted by law and shal~'l be exe r- cisable without leave of court. ITEM VI . I appoint my CCNB BANK, N.A. , New LCumberland, Pennsylvania, executor and trustee under this will. ITEM VII. In the event that ABIGAIL R. OTTO~' the mo ~ ther of my sons, JASON E. OTTO and JEREMY W. OTTO, does no desire to serve as guardian of the person of my minor children ~~ or at the time of my death is unable to act as guardian of the ~ er :~ son of my minor children, then and in tha t event, I appoint my ,sister, SANDRA J. FERRAR, guardian of the person of my minor ~ hildren. a ITEM VIII. I appoint CCNB BANK, N.A., New Cumberland, 'Pennsylvania, guardian of the estate over any ro ert t P P y" hat may pass to my minor children with respect to which property I am authorized to appoint a guardian and have not otherwis' s peci fi- cally done so. Such guardian shall have the same management dowers as those granted my executor , may pay or apply principal as well as income for the minor's welfare, comfort, support or education without court a royal PP , (and if it, in its sole discre~~ ion, Page 4 of 5 Pages. determines that it is impractical to administer any ;fund, it ma Y ,,deposit such fund in one or more savings accounts ins the mi o n is name, payable to him or her at majority. The guardi n shall have no further responsibility for any funds so paid, a i pp ed or deposited . ) ITEM IX. I direct that any fiduciary actin ~ hereund g er shall not be required to enter bond or other securit in an y court or jurisdiction in which said fiduciary may be called upon to act. IN WITNESS WHEREOF, I have hereunto set my h, ~ nd and seal to this, my last will, this o~~ da of ~~ y ~~t.~%~tl~~ , 19 8 3 . ..~"~"° c..c,`'s-`c-~ NJ AM OTT 0 J (SEAL ) a SIGNED, SEALED, PUBLISHED, and DECLARED by t ''e abov e testator, as and for his last will, in the presence of us, who thereupon at his request, in his presence and in the resence of each other, have hereunto subscribed our names as witn esses. r~ Page 5 of 5 Pages . COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHI N We, BENJAMIN OTTO, and the testator and w tnesses, respectively, whose names are signed to the attach ed or foregoing instrument, being first dul y sworn do hereby declare to the undersigned authority that the testator si ned 9 and executed the instrument as his last will and that he ha d signed wi'I11i ngly and that he executed it as his free and voluntar y act for the pur- poses therein expressed, and that each of the witn esss, in the presence and hearing of the testator, signed the w' ill '. as witness and that to the best of our knowledge, the to s to for w,~ s a t th a t time eighteen years of age or older, of so u nd mind anc under no constraint or undue influence. ,.. sl ENJAMI O'I'TO fitness ~- Witness SUBSCRIBED, sworn to and acknowledged befor e me by ENJAMIN OTTO, the testator, and subscribed and sworn t:p before e by and Ze witnesses, on the o~a day ~ ~ , 198 3. ~k+'K~ ~ B m t~ LOUISE M. ~tE~3?, ~~p~6sY ? LDC HARRIS9URG, tiAUPt~I~ Cfl TY MY CAMPS°SSI(3~1 F~PIl~ES ,l~UC, g, 1956 l~a~rabar. Pee~3~s~lv~~tia Asst~cP~4Pas~ of PUr9t~tldi~