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HomeMy WebLinkAbout06-13-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Winifred A. Christine ,Deceased ESTATE NO: 2 I'' ~~ a/k/a: a/k/a: a/k/a: SS NO: Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: D A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete 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 2~~ 2~1999 and codicil(s) dated (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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(g): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. 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 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 had been established as provided in 23 Pa. C.S.A. § 3323(g), except as follows: Name Address Rela ' hi to Dece ._. Q ~~ ~ ~ ~~ -~ ~~~~~ C a USE AUD[TIUNAL SHEETS IF NECESSARY ' ~ W THIS SECTION MUST BE COMPLETED: --t •• Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or pncipal residence At 1067 Allendale Road, Apt. C, Mechanicsburg, PA 17055 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 84 years of age, died 3/26/2011 at (Month, Day, Year of death) Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA _If not domiciled in PA _Value of Real Estate in Pennsylvania Harrisburg, PA (City and State where death occurred) All personal property $ 5,000.00 Personal property in Pennsylvania $ Personal property in County $ Total Estimated Value $ 5,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signature(s) Name(s) & Mailing Address(es) ~~ r r"t <" ~ ~~ ~ 7 ~= ~ J _ r ~ r-~-~ i..` . "rt ~./) ~ - t^'~--. Jean Long, 303 South Filbert Street, Mechanicsburg, PA 17055 Ronald Hertzler, 101 S. Norway St., Mechanicsburg, PA 17055 Interim Form RW-02 revised 12.26.10 by Cumberland County nendine action by the Court Paee l of 2 r-.~~ © OATH OF PERSONAL REPRESENTATIVE ~ ~ ~ ~'T7 . ~ ? r..... ~ '~". r ,. C: 0' 1 t' i' ~ Commonwealth of Pennsylvania ~~, ~~ ~ SS "~ ~ ;~ ~~: County of Cumberland '"~}~ F~ ~ ~ -~ ~'--' ~~~ m w ~ ~ ~:~ ~: The Petitioner(s) herein named swear or affirm 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 r~ ~_ be a me this ~.J ~~ da of ~/~/ rt~ or the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of Winifred A. Christine ,Deceased File Number: 21-_ - .. AND NOW, this ~ day of ~a ` ~ , in consideration of the Petition on the reverse side hereon, satisfactory proo having been presented before me, IT IS DECREED that Letters x Testamentary of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) Jean Long and Ronald Hertzler in the above estate and that instruments(s) dated 2/12/1999 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. w A Glenda Farner St Register of Wills FEES: Signature of Counsel Required to Enter Appearance Letters.......... $ ~Q• @~ Will ....................... ~~ . u v Co icil(s) ............... ( )Short Certificates . 0 ~ ( )Renunciations....... Bond ............................ Other ............................. Automation FEE......... 5.00 JCS FEE ................... 2350 V r `~~ TOTAL ................ $ ~"' Atty's Signature PRINTED Name: Br a ~. Griffie, Es uire Supreme Court ID No.: 34349 Address: 200 North Hanover Street Carlisle, PA 17013 Phone: 717-243-5551 Fax: 717-243-5063 interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 i 1T.~resY ~iU ttnil C~trstrcment OF WINIFRED ARLENE CHRISTINE ;'+.a S -~ ~ ~+~~ n " - ~..... f ! 1 ti. J ~ ^ ~ ~ tJ~ 4J _~^'-= ~~~ ~ r'~ (";ti Ct~ 1 `~' ~ ~~ ~` ,,,,. ~ ~ . C~ ~ I, WINIFRED ARLENE CHRISTINE, of 68 North 9th Street, Lemoyne, !, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and i understanding, do make, publish and declare this to be my Last Will and Testament, I~'~ hereby revoking and making void all previous Wills and Codicils heretofore made by me. `~ i FIRST I order and direct my Executor hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my Executor need not ~ accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. It is my desire that my bodily remains be cremated and not interred, with my ashes being disposed of in a manner deemed appropriate by my Executor, taking into account any written instructions I may leave for such purpose. It is further my specific instruction that there be no memorial service, viewing or wake for me following my death, GRIFFIE & ASSOCIATES ATTORNEYS-AT-LAW 200 NORTH HANOVER STREET NORTH MAIN STREET CARLISLE, PENNSYLVANIA 17013 CHAMBERSBURG, PENNSYLVANIA 17201 but that there only be a private service after my cremation for three of my children, namely, JEAN LONG, of Mechanicsburg, Pennsylvania; RONALD HERTZLER, of Mechanicsburg, Pennsylvania; and GERALD E. CHRISTINE, JR., of Dayton, Ohio. SECOND I give, devise and bequeath my entire estate of whatsoever nature and wheresoever situate, together with all insurance proceeds thereon, in equal shares to three (3) of my five (5) children, namely, JEAN LONG, of Mechanicsburg, Pennsylvania; RONALD HERTZLER, of Mechanicsburg, Pennsylvania; and GERALD E. CHRISTINE, JR., of Dayton, Ohio; providing they survive me by sixty (60) days, per stirpes. I have specifically not provided for any distribution to my daughters, SUSAN YINGER, of Etters, Pennsylvania, nor BARBARA BEAVER, of Carlisle, Pennsylvania, not out of want of affection, but because I have provided for them as I desire during my lifetime. It is further my desire that my ExecutorlExecutrix, after consultation with any heir or heirs of mine who survive me, and in his, her or its own discretion, choose such articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other tangible evidences of intangible personal property) as he, she or it believes will be useful to such heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal shares as determined by the further exercise of his, her or its discretion, provided no other heir objects to the distribution. All tangible personal property not so distributed is to be sold, either publicly or privately, by my GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 14 NORTH MAIN STREET SUITE 550 200 NORTH HANOVER STREET CHAMBERSBURG, PA 17201 CARLISLE, PA 17013 ~, ~. .~ +~ Executor/Executrix, adding the proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my estate debts, taking into account the tangible personal property otherwise provided to them. THIRD Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under 21 years of age or, in the judgment of my Executor/Executrix, mentally disabled, shall be held in a separate trust by my Executor/Executrix as trustee until such beneficiary reaches 21 years of age or during such period of disability. During the term of any trust created pursuant to this Paragraph, the _ ~ '~ Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate} of each such beneficiary until he or she attains 21 years of age, or until. all such amounts are paid out of trust. I direct that no Trustee shall be required to give or post bond for the faithful performance of the Trustee's duties in this or any other jurisdiction. FOURTH I grant my Executor/Executrix the following powers in addition to and not in limitation of such powers as my Executor/Executrix shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 14 NORTH MAIN STREET SUITE 550 200 NORTH HANOVER STREET CHAMBERSBURG, PA 17201 CARLISLE, PA 17013 r investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my Executor/Executrix the broadest investment powers possible, providing such investments do not unnecessarily prevent the _ ~ ~! prompt settlement of my estate. (fj To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my Executor/Executrix shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as ~' „ security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 14 NORTI-f MAIN STREET SUITE 550 200 NORTH HANOVER STREET CHAMBERSBURG, PA 17201 CARLISLE, PA 17013 (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. FIFTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Executor/Executrix for the liability of such beneficiary. SIXTH I nominate, constitute and appoint my son, RONALD HERTZLER, and daughter, JEAN LONG, or their survivor, as Co-Executors of this my Last Will and Testament. I direct that my Executor/Executrix shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. GRIFFIE & ASSOCIATES ATTORNEYS AT LAW ~: 14 NORTH MAIN STREET SUITE 550 200 NORTH HANOVER STREET CHAMBERSBURG, PA 17201 CARLISLE, PA 17013 .SEVENTH I hereby declare it to be my expressed desire that my Executor/Executrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~ ~~ ~'~~ day of __~J~ - , , f , 1999. ~5~1.~Y i WITNESS: ~,, J~ l: ~. ~--~ ~ i .._-- ,_ ~~ ~I r °r~ W INIF: D ARLENE CHRISTINE GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 14 NORTH MAIN STREET SUfTE 550 CHAMBERSBURG, PA 17201 200 NORTH HANOVER STREET CARLISLE, PA 17013 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND I, WINIFRED ARLENE CHRISTINE, the 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 and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. '. G~ WINIF ARLENE CHRISTINE Sworn or affirmed and acknowledged before me by WINIFRED ARLENE r'' CHRISTINE the Testatrix this ~ ~" _ day of j~,~~~~ ~ , 1999. ~,,,._ r Notarial Seal Rob1n J. Qoshom, Notary PuW-~ Carlisle Boro, Cumberland Cou My Commlaslon Expires April 17, 1~gg GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG, PA 17201 200 NORTH HANOVER STREET CARLISLE, PA 17013 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND WE, and T ~~~ f~Y'K ~ ,~ ~ C~h'r ,the . ~ witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and 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 therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. 1r.. ~ ) Fj . e+r^un A /~~~ Sworn or affirmed and subscribe e me by ~,t~~a -~-~„ and ,(, ~ this /~ ~-- day of , 1999. 6 Notary Pub Rabin J. 6~ost~ioan, Notary Public ~ Carllelr 80r~, Cumberit~nd COUnty My Cgmml~tlon Explr~a~ April 17,1999 GRIFFIE & ASSOCIATES ATTORNEYS AT LAW fi~r~ 14 NORTH MAIN STREET SUITE 550 200 NORTH HANOVER STREET CHAMBERSBURG, PA 17201 CARLISLE, PA 17013