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HomeMy WebLinkAbout07-20-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Ruth H. Simons a/k/a: a/k/a: a/k/a: SS NO: 135-16-2383 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ 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 3/29/2010 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(8): ^ 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 e.t.a. or d.b.n.c.t.a., enter date of W it l 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(8), except as follows:- Nom Address ,_ _, Re~9)ionship to Deeed - - S ~7 ,-n n c" ~,, r ~~~ si ~'"'~ r V ~7 TJ ri-~ c_`? r r'-~ ~_ ~~', ~~ ,? [.~sE ADDITIOVAI, sneeTS IF tiECrsSARY `.~ ~ ~ = ;,ter, THIS SECTION MUST BE COMPLETED: v ~ c..~ `'~ ~ Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 100 Media Road Carlisle PA 17013 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 89 years of age, died 7/12/2011 (Month, Day, Yeaz 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 Deceased ESTATE NO: 21- ~~ ' ~ (~ ~~ Total Estimated Value $ 470,000.00 $ 470,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) NONE. LIVED WITH DAUGHTER. Signature(s) Name(s) & Mailing Address(es) ~ ~-- John P. Thompson 7565 Morningstar Avenue Harrisburg, PA 17112-4205 100 Media Road, Carlisle, PA 17013 (City and State where death occurred) All personal property Personal property in Pennsylvania Personal property in County Interim Form RW-02 revised 12?6.10 by Cumberland County pending action by the Court rage i or OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland 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 before me this ,~l day of ~1~~~ ,~-c~1__ For the Register ~ ~ y ,~ ~J ~, `~._ ~~ ~ C7 _ .. r~ ' ._l7 r , , _ 7 ©-T'1 = ~; - r-, ° _ ~ _- ~. DECREE OF PROBATE AND GRANT OF LETTERS Estate of H. Simons ,Deceased File Number: 21-~-~ AND NOW, this ~~ day of ~tk.El ~ , ~-f> (i _, in consideration of the Petition on the reverse side hereon, satisfactory proo avin een 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.) John P. Thompson in the above estate and that instruments(s) dated 3/29/2010 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. l,~,r c- Glenda Farner Strasbaugh, ~r ~ ~~1-. Register of Wills ~~ FEES: Letters ....................$ 410.00 Will ........................ 15.00 Codicil(s) ................. (6) Short Certificates 24.00 ( )Renunciations....... Bond ............................ Other ..... .......... .. ........... . Inheritance Tax Return .. .......... ~K~6 ry Invento ..................; .... ~-}~~6-~ Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ `~"~~ Signature of Counsel Required to Enter Appearance Atty's Signature PRINTED Name: Melbnie Walz Scarin Supreme Court ID No.: 88347 Address: Scaringi & Scaringi, P.C. 14 S. 2nd Street, Newport, PA 17074 Pllorie: 717-567-0380 or717-657-7770 FaX: 717-567-0379 or717-657-7797 Interim Form KW-02 revised 12.36.10 by Cumberland County pending action by the Court Page 3 of3 105.505 RE\ ~UVn7; LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, b6,00 P 17669216 Certification Number d _ _ This is to cer[iy~v ;hat the ini~ormation here gi~~en is correctly copied trltm an originai C>rrtii~cate of Death duly filed with mr_ as Local Registrar. The ot:ginal certificate wdl 1-~e forwarded to the State Vital Records Oftice fns permanent filing*. ~~L~~S~~-_1_~~ .zo~l Local R ~yistrar Date [sued n. P-~ ~~ G ~ ..._.. rn ~ p. ~ ~ ~- ~ - ~ m ~ N o ' r,~~ ` _ ~ c~ ~~ . - _~ C"~ ~ z„ _ ~O .~ - -tom ~-~ ~ ~ ~ ~ ~ ~ ty~ D - ~ Gn Q "T~ C.° H105-143REV 1112008 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS NPE / PRN4! IN PERMANENT CERTIFICATE OF DEATH BLACK INK (See Instructions and examples on reverse) STATE FILE NUMBER w °w 0 0 1. Name d Decetlera (First, mitlde, last, suniz) 2. Sex 3. Social Semrily NixMix 4. Date d Death (Modh, tlay, year) Ruth Hoffman Simons female 135 -16 _ 2383 July 12, 2011 s. Age Ida ~Y) UMer 1 year antler 1 say 6. Dace a arm (MOdh, tlay, rear) 7. Bidpcece (City and dace a bregn coudry) 8a. Place a Deem (Check ody ore) Nwww Days haws tenures Other: $9 Yrs July 2, 1922 Livingstown, NJ ^lrpaaed ^ER/ouipaned ^DOA ^NUrsvq Rome ~]Resimnce ^pMr-Spedty: Bb. Coady d Deem &. City. 6oro, Twp. of beam ea. Fadkty Name In rid ilatipr9on, {jve stred and ra,nber) 9. Waa Decedent d H'spadc origin? I.l No ^ Yes ' 10. Race: American Mdian. aack. WIMe, ek. Cumberland Carlisle 100 Media Road (nyea,apedtycrmarl, 1~ ( white Akxican, PUeno Rkan, do.) 11. Decden's lhual lion Kn0 d work tl «le mcet d lice. Do not scece refired 12. Was Decedent ever n ale 13. Decedent's Eduptbn ISpedry onty tkghesl grede cong ldetl) 14. Mancel SceNS: Married Never Horned, 75. Surviving Spo use (If wife, give maiden rerre) K,Id d Work Kind d arsiwss I IMugry U.S. Armed Forces? Elemedary /Secondary (a12) Coaege (1d «St) waowed, D"'°'°eo IspadM Teacher Education ^vea Ira 4 widowed I6. DecetlenPo Haling Atltlress (Sired, pY / cewn, dace, zip cetle) PA ~ ~m std ~ 100 Media Road Lf ve Ac1u91 F1e deMg 17a Seale 17c. ^ res. Decetlml Lived in Twp. PA 17013 Carlisle T~„„,~? Im ~n Cumberland 17d.[~ No. DecedentLWetlwilNn Carlisle , AduelLkruSd city/Dam 18. Famer's Name (First, midde, last, sulfa) 19. MOmer's Name (Fuel, middle, maitlen sumerce) Harry Simmons Hoffman Lillian Ross 20a. InlonrenYS Name (Type / Prid) 20D. Inforrmd's Atltlresa (Stied, ciy /loan. code) Car~i•s~le PA 17013 d a Rd 100 M Barbara Baer , e . , 21a. Memod d Diapositun [~ Cramatiari ^ Dornlian 21 b. Date d D'aposngn (Mash, day. Year) 21 c. Place d DisposDOn (Name d cemetery, «emel«Y «omer place) 21d. Loratgn (C9y /town. sate, zip code) ^ pr ~ p Remoyal"°msreta ' ~rexamn.°on"camm"itliorke°pgYaa^rro July 13, 2011 Hoover Funeral Homes Crematory Harrisburg, PA 17112 22a.sigreareaF («ac6gaesuch) 2ffi.licemeNlnmer z2c.NameandAdmassaFadity Hoover Funeral Homes & Crematory Inc. - FD 011921 L 6011 Linglestown Rd., Harrisburg, PA 17112 Camplece llwrs 23o-c ady when 23a. To the bell d occured d me Ilene. oats arld pDce . (Signature arA tale) 23D. Liceree N«Mer 23c. Signed Monm, day, Y~r) phyaidan'e rid avaiaDce at tirrw d deem b ~ (~~ ~ 2 ~ ~,.5 t' wrMr caueedaeam. J L hems 24-26 must Da pnplelad DJ person 24. Tare d Deem 25. ce Dpd Momh, my, year) 26. Was Case Rekrred W Madipl Examiner / Caarer br a Reawn Otl1er man Cremation « Donation? who panaunces deem. ` M, '? I Z I I ^ Yes CAUSE OF DEATH (sea Instnw•tlons and axampbs) r Appmxkmle iAerval: Pan II: Enter rdher ' ~ 28. Did Td>ecco Use COnlnblAE b Deem? p«n 27. Pan I: Enter ire Blain d evens - drxeses, iyuries, «prryiwliaw - mat drectly cased me deem. W NOT encer Ierrnkal events such as cardiac artesL r Oriel b Deem do rid resAing F the underlying cause given in Pan I. ^ Vas ^ Probeb7 respiretory artasL a verllncular NbrNletion wimad showirg me etkdogy. list oMy ore pose on each Ire. ~ ~ ^ Unkrrom TEr~A 99Ece (Finel)drsease« ~ ~`~ r deem -~ a. 29. II Fermle: ^ Duero (« es a coaxseguerce d): i y~ r Segen6ely II51 mrl6gons. tl arty. D. L ~!J r Nd pregrem witltin past year ^ Pregrent at time d deem lea6na W hs~RLYHG CAUSE a Due b (« as a conseprenca oft: i Eller me ^ Nd pregtnry. bN pregrnnl wdhin 42 days re~Yrg ~m)LAST~ c. ~ adaam Due to (« as a consequence on: r ^ Nd preplanl, M Pra9rnnl r3 days to 1 year d. i bel«e Oeam ^ Unknown n pregreM wahm die past year JOe. Was en Autopsy 30b. Were AubpsY Faxfirgs 31. d Deem 32a. Date d Iryury IMarm, day, Ycer) 32b. Des«de How Irpury Omned . 32c. Place d mryry Fbme, Farm. Sired. Faclay, Percermed? 0.vaeade Prior to Campcetim ,-,/~ ^ ~~ Olfice BiWdkig, etc. (Spedlyl of cause d Deem? wrd II~~II ^ Yes ^ Ves ^ No ^ Acddent ^ Pendrg Nrvesligation 32tl. Time d k4aY 32e. Injury at Work? 321. If Trenspacelgn Injury (SPedM 32g. Location of Inpxy (Slreel, coy /town. stale) ^ Suidde ^ Could Nd be Detendnetl ^ Ves ^ No ^ Driver / Operacer ^ Passenger ^Perleshian M Omer ~ Spedly 33a. CerOaer (Bieck od'/ met 33b. Sgretur Title • CertllYm9 phyabim (Physiraen cenitym9 pose of Beam when another physiden has pronounced Beam and mnpleted nem 23) . ~\ To the he,t d ny lamwkdge, Beam occurred due b the ewae(at arM ma«rer ae stelea_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ V~~ • Prorwurrdng all cernlykg phyeklen (Physkaan Oodl prap«xirg deem entl cennYce9 ro came d death) d ^ 33c. rise 33d. Dale Signed (Monm, day, year) To me Deald my krlowledge,apmoccurre at ma dme,date, and place, artl dos rothe prrae(,)aM mannern,mled------------------ • Y dkel Examtir l Cor nar L ~ i r e o On me baa(e d examinarpn end / « investlgalbn, m my opinion, dram occurred at the time, Brie, entl place, and tlue to the ewe(s) and manner as shied- ^ / ~_ N Atlaess o~f Pe~^ Who ~ 'oi~atad Cause d De T /Print o(~ ~~ ~ ~ Y ~ e ~ ' ~ / x r S, ~ ~ s Sigel Dimrkl r ~ Y>. Regstrar u I e~loZl oL l~l ~'I l G~ ~-21 - QCa~ 3fi. Dale Filed (MOnm, day. year) -- o N ~ /~ Y!4 L' ' / - J ~r - • . . ~ t A o , _ ~.. e.an '; p ~ 0640675 Dispositpn Permit No. ~~ ('--~' carin~i `~ ...~ ~d (" (~~ caringi, r.c. A Full Service Law Firm ?000 Linglestown Road Suite 106 Harrisburg, PA 17110 717-657-7770 717-657-7797 (fax) ] 4 S. 2nd Street Newport, PA 17074 717-567-0380 717-567-0379 (Fax) ~,, ::__ ~o .~. r~~~~-- O~ "17 C. _ ~,.~..^ I_Z_~'~~ `.... '= Cr3 ~ G r ~~ ~1/S ~; ~ SL~10 ~ 7Z21T . . . ~.:, ~; I, RUTH H. SIMONS, of Cumberland County, Pennsylvania, born July 2, 1922, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. FIRST: I direct payment of the expenses of my last illness, funeral and burial costs, and administration expenses from my Estate, be paid by my Estate, as an expenses of my Estate, as soon after my death as conveniently may be done. SECOND: 1 direct that all estate, inheritance, legacy, succession or transfer taxes, including any interest and penalties thereon, imposed by any law with respect to all property taxable under such law by reason of my death, whether or not such property passes under this my Last Will and Testament and whether such taxes be payable by my estate or by any recipient of any such property, shall be paid by my Executor out of the principal of my residuary estate before distributions are made to any beneficiary (even a charity beneficiary), with no right of reimbursement from any recipient of any such property. THIRD: I give and bequeath my tangible personal property, including but not limited to clothing and wearing apparel, jewelry, books, pictures, paintings, silver, china, crystal, furniture and furnishings, yard tools, household tools, vehicles, and the :~_~ ~7 ;-rt 1'-7 j t~ j j ~ ~ _ _ _., _.r. i ~~ . - -~.: --.. <..~ www~. scaringilaw. co m like (not cash or securities), in equal shares, to my three children, namely: my son, SHAUBUT C. WALZ, III, born September 4, 1943, my daughter, BARBARA J. BAER, born August 19, 1945, and my daughter, BETSY L. THOMPSON, born November 10, 1946 (hereinafter collectively "my children"). My Executor shall have full authority to resolve any disputes or issues regarding ~-~' carin~i F~ (~ caringi,r.c. A Full Ser~nce Law Firm 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 717-657-7770 717-657-7797 (fax) 14 S. 2nd Street Newport, PA 17074 717-567-03H0 717-567-0379 (Fax) wwwscaringilaw.com the distribution of my tangible personal property. It is my desire that each of my children shall receive an equal portion of my sentimental tangible personal property, and that each of my children shall receive an equal portion of my non-sentimental tangible personal property (or its monetary equivalent if the non-sentimental assets are sold). FOURTH: I give, devise, and bequeath all the rest, residue and remainder of my estate, whatsoever and wherever situate, as follows: a. Seven percent (7%) to my step-grandson, J. SCOTT KEMPER, born November 26, 1958. b. Seven percent (7%) to my former son-in-law, HARRY J. BAER, born August 7, 1941. In the event that he predeceases me, then I give, devise, and bequeath his share of my estate in equal shares to his then-living children in equal shares. c. Seven percent (7%) to the Trinity United Methodist Church of Charlotte Harbor, Florida. d. I give, devise and bequeath all the rest, residue and remainder of my estate, whatsoever and wherever situate, in equal shares, to my three children, namely: SHAUBUT C. WALZ, III; BARBARA J. BAER; and BETSY L. THOMPSON. In the event that any of my children predeceases me, then I give, devise, and bequeath that child's share of my estate to his or her issue, per stirpes. FIFTH: I appoint my son-in-law, JOHN P. THOMPSON, born September 15, 1946, as Executor of this, my Last Will and Testament. He is to serve 2 as such without bond. In the event that my son-in-law, JOHN P. THOMPSON, is unable or unwilling to serve as Executor, I appoint my son, SHAUBUT C. WALZ, III, my daughter, BARBARA J. BAER, and my daughter, BETSY L. THOMPSON, or the survivors of the three, as the contingent co-Executors of this, my Last Will and Testament. They are to serve as such without bond. (-~~ carin~i ~ , '" ~~ ~„~ caringi, r.c. A Full Service Law Firm 2000 Linglestown Road Suite 106 Harrisburg. PA 17ll0 717-657-7770 717-657-7797 (fax) 14 S. 2nd Street Newport, PA 17074 717-567-0380 717-567-0379 (Fax) wwwscaringilaw.com SIXTH: In addition to and without limiting the powers conferred upon my Executor by statute, case law, and by provisions hereof, my Executor shall have the following rights and powers exercisable until final distribution of my Estate, without the need for court approval: 1. Accept and Retain Investments. To accept and retain any form of real or personal property received by transfer, devise, bequest, or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. 2. Invest and reinvest. To invest and reinvest in any form of real or personal property without limitation by any law applicable to investments by fiduciaries. 3. Compromise. To compromise claims and abandon any property that, in my Executor's opinion, is of little or no value. 4. Borrow. To borrow from anyone and pledge property as security for repayment of any funds borrowed. 5. Distributions. To make distributions in cash or in kind, or partly in each, and to allot different kinds of property to different shares without regard to differences in the income tax basis of such property. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. 6. Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. 7. Employment of Agents. To employ agents including attorneys, accountants, and others to perform professional or administrative functions and duties. 3 C (--~' carin~i ~~ F~ ~~ carin~i, r.c. A Full Service Law Firm 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 717-657-7770 717-657-7797 (fax) 14 S. 2nd Street Newport, PA 17074 717-567-0380 717-567-0379 (Fax) wwwscaringilaw.com 8. Voting rights. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder; and to exercise conversion, subscription, and other rights of whatever nature. 9. Title to property. To register or hold securities and/or other property in the name of a nominee or nominees, including that of a clearing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. 10. Sale, lease or other dealings with property. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of the assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period authorized by law; and to partition, subdivide, improve and impose any restrictions on real estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of such real estate. 11. Disclaim. To disclaim any interest in property which would devolve to me or to my estate by whatever means, including but not limited to the following means: as a beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee/beneficiary of an inter vivos transfer, as a beneficiary under an insurance policy, as a beneficiary under an individual retirement account or annuity, and as a beneficiary under any qualified or non-qualified retirement plan. 12. Death taxes. To exercise any options available in determining and paying income, gift and death taxes in my estate, and to allocate my generation skipping tax exemption. 4 SEVENTH: Except where the context indicates otherwise, words in the singular number shall include the plural, and vice versa, and words in the masculine gender shall include the feminine, and vice versa. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ a r~ ~--~~ carin~i ~~ ..~ £~ [,~ caringi, r.c. A Full Service Law Firm 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 717-657-7770 717-657-7797 (tax) 14 S. 2nd Street Newport, PA ]7074 717-567-0380 717-567-0379 (}'ax) day of ~y-~~, , 24_~ S ~ 1.C_~ (SEAL) RU H H. SIMONS The preceding instrument, consisting of this and four (4) other typewritten pages, and the self-proving page that follows, each identified in the margin thereof by the signature of the Testatrix, was on the date thereof signed, published and declared by her, the Testatrix therein named, who at her request, in her presence, and in the presence of each other have subscribed our names as witnesses hereto. (SEAL) ME NIE WALZ S NGI L. EMERSON wwwscaringilaw.com COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS: We, RUTH H. SIMONS, MELANIE WALZ SCARINGI and AMANDA L. e -.~. C_ f? (~,,, carin~i, r.c. A Full Service Law Firm ?000 Linglestown Road Suite ]06 Harrisburg, PA 17ll0 717-657-7770 717-657-7797 (fax) 14 S. 2nd Street Newport, PA 17071 717-567-0380 717-567-0379tFax) www~. scaringilaw.com EMERSON, the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. TESTATRIX: U~ ~ , _ RUTH H. SIMONS WITNESS: W L. EMERSON Subscribed, sworn to and acknowledged before me by RUTH H. SIMONS, the Testatrix, and subscribed and sworn to before me by MELANIE WALZ SCARINGI and AMANDA L. EMERSON, witnesses, this ~~ day of ~ Il-~c„rC L, , 20 C~_. SIGNED: _ j ~~~.. ~~ . / GU'7~ Notary Public My Commission Expires: ~~~ NOTARUIL SEAL pONNNIC M FORE wwo 1 Stl=WENANNA TWP, DAUPFNN COUNTY NIA Commissbn Expires Jun 2, 2012 6