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HomeMy WebLinkAbout05-20-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Madeline G. Foltz, Deceased Late of the Township of North Middleton, Cumberland County, PA File Number 21-11- Uy d o Social Security Number 1 i'7-24-6577 Petitioner, who is 18 years of age or older, applies for: Probate and Grant of Letters Testamentary and aver that Petitioner is the Executor named in the last Will of the Decedent dated March 12, 2011. Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorc;e had been established as defined in 23 Pa.C.S. § 3323(g) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with her last principal residence at Sarah A. Todd Memorial Home, 1000 West South Street, Carlisle, PA 17013. Decedent, then 78 years of age, died on April 24, 2011, at Sarah A. Todd Memorial Home, 100b West South Street, Carlisle, PA 17013. 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: 1910 Sterretts Gap Avenue, Carlisle, PA 17013 $ 3,500.00 $90,000.00 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: Signatur Typed or printed name and. residence Robert Foltz 1900 Douglas Drive Carlisle, PA 17013 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) The Petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioners and that, as personal repr. esentatives of the above Decedent, Petitioners will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this ~d ~~ day of Ro ert F It Z~ 2011 t For the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of Madeline G. Foltz, Deceased File Number 21-11- ~6~~ AND NOW v~U , 2011, in consideration of the foregoing Petition, satisfactory proof having been resented before me, IT IS DECREED that Letters Testamentary are hereby granted to Robert Foltz in the above estate and that the instrument dated March 12, 2011, described in the Petition be admitted to probate and filed of record as the last Will of Dece ent. FEES V ~ Register o ills Letters ............. .. $ Short Certificate(s) ... ~ .. $ ~~~a Re u ciation(s) ........... $ ~~ ... $ V ~urv ... $ ;d~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .......... $ • ~~ ~^ Attorney Signature: - Attorney Name: Way e F. Shade, Esquire Supreme Court ID No.: 157 ]~ 2 Address: 53 West Pomfret Street Carlisle, PA 17013 Telephone: 717-243-0220 LAST WILL AND TESTAMENT OF MADELINE G. FOLTZ I, Madeline G. Foltz, of 1910 Sterrets Gap Road, Carlisle, Cumberland County, Pennsylvania, being of sound mind, make this my will. I revoke any other wills or codicils to wills made by me. ARTICLE I. DISTRIBUTION OF MY ESTATE A. I give my tangible personal property to my son, Robert Foltz. Tangible personal property includes stamp or coin collections but does not include other :money or stock certificates or other evidences of intangible rights or interests. Tangible personal property does not include any property that is held primarily for investment purposes or used in connection with any business in which I may be engaged or in which I may have any interest at the time of my death. B. I give the residue of my estate to my granddaughter, Marcy J. Foltz, a minor. It is my intention that my granddaughter Marcy J. Foltz inherit the entire residue of my estate, including my residence. ARTICLE II. PAYMENT OF EXPENSES AND OTHER CHARGES I desire a modest Christian burial. I direct my Executor to pay for my burial expenses (including the cost of a monument or marker). The estate, inheritance and similar taxes assessable on my death (including only taxes on assets passing under this will) shall also be paid as a cost of administering my estate and my Executor shall not request any beneficiary to pay any such tax. ARTICLE III. MISCELLANEOUS PROVISIONS Matters of Interpretation. For simplicity, I have expressed pronouns and other terms in one number and gender, but where appropriate to the context these terms shall be deemed to include the other number and genders. The bold headings are for convenience and shall not affect interpretation. ARTICLE V. APPOINTMENT OF FIDUCIARIES AND POWERS A. I name my son, Robert Foltz, to be my Executor. It is my desire for the Executor to be remunerated according to local custom. In the event that the said Robert Foltz is unable or unwilling to serve, I name Mark A. Mateya, presently of Carlisle, PA., to serve as Executor. If Page 1 of 4 M.G.F. i administration of my estate or any trust springing here from should be necessary in any jurisdiction where my Executor or my Trustee is unable to qualify, or if my Executor or my Trustee deems it necessary for any other reason, I give to my Executor and my Trustee the power to designate any individual or corporation with trust powers to serve with my Executor or my Trustee or in my Executor's or my Trustee's stead. I request that no security be required of any Executor or Trustee, including an Executor or Trustee named pursuant to the preceding sentence. References in my will to my "Executor" and my "Trustee" are to the one or ones acting at the time, except where otherwise specifically provided. B. Any individual who serves as Executor or Trustee shall be entitled to receive reasonable compensation for his or her services and, whether or not such individual receives compensation, shall be entitled to be reimbursed for expenses incurred for such services. C. I grant my Executor and my Trustee the powers set forth in 20 Pa.C.S. §§ 3311-3332 and 20 Pa.C.S. §§ 7771-7780 respectively. In addition, my Trustee may merge any trust under this will with any trust having the same trustee and substantially the same dispositive provisions. If at any time after my death the size of any trust under this will is so small that, in the opinion of my Trustee, the trust is uneconomical to administer, my Trustee may terminate the trust and distribute the assets to the person or persons authorized to receive the trust income in such shares as my Trustee may deem appropriate. No Trustee who is also an income beneficiary of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executrix and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of my Executrix and my Trustee. D. It is my desire that my Executrix or alternate Executrix, herein above named, consult with Mateya Law Firm in the handling of my estate, they being familiar with my affairs. ARTICLE VI. DEFINITIONS The following definitions shall be applicable to all of the provisions of my Will except where otherwise specifically stated: 1. The use of the masculine shall include the feminine or neuter and the use of the singular shall include the plural, and vice versa. 2. The term "estate," where appropriate, shall include any trust hereunder. Page 2 of 4 M.G.F.. 3. The term "minor" shall mean an individual who has not attained the age of twenty- one years. Executed this ~~ ~ day of 2011. J u-~1 .~ _ ALA Ma i G. Foltz '~ Signed, sealed, published, and declared for and as his Last Will and Testament by the testator in our presence, we all being present at the same time; and we, in his presence and at his request and in the presence of each other, have subscribed our names as witnesses whereof, all on the date last above written. ,~~~ ~~ OF ~'~ • ClcccJ~c,~. ~1,~ ~.h,E'~.~ OF a`~ ~ 7 ~/ ,215 r~ ~ • ~i~.~.Q 1 t Page 3 of 4 M.G.F.. COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY to wit: Before me, the undersigned authority, on this date personally appeared Madeline G. Foltz, and ~ • ~IE 1 A ,and ~T ~, y J~_~,E,C ~. F~, known to me to be the testator and witne ses, respectively, whose names are signed to the foregoing instrument and, all of these persons being by me first duly sworn, Madeline G. Foltz, the testatrix, declared to me and to the witnesses in my presence that said instrument is her Last Will and Testament and that she had willingly signed and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed, that said witnesses stated before :me that the foregoing Will was executed and acknowledged by the testator as his Last Will and Testament in the presence of said witnesses who in her presence and at her request and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said Will and that the testatrix, at the time of the execution of said Will, was over the age of eighteen years and of sound and disposing mind and memory. Sworn and acknowledged before me by MADELINE G. FOLTZ, the testatrix, ATE ~ ,witness, and rn A,~ y JAl ~ ~.~ ~~ witness, this ~_ day of , 2011. A E I G. FOLT;? _._ Jt Witness ~- Witness Notary Public My commission expires: Page 4 of 4 ,_ COMMONWEALTH OF PENNS1rLVANUI Notarial Seal Frances A.. Aumlller, Notary Publk South Middleton i~wp., Cumberland County My Commission Expires March 16, 2014 Member, Pennsylvania Association of Notaries M.G.F..