HomeMy WebLinkAbout07-20-11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of ~ ,Deceased ESTATE NO: D ,
a/k/a:
a/k/a:
a/k/a: SS NO: _ 5~'~Cy
Petitioner(s) who is/are yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
a~p~licable:
~"A. Probate and Grant of Letters Testamentary or ? Administration c.t.a., or d.b.n.c.t.a. com lete Part C also
( P )
and aver that Petitioner(s) is/are entitled to the aforementioned Letters under
the last Will of the above-named Decedent, dated _ u/~ j; ~ and codicil(s) dated JU%~?-
(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
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 part to a pendin~~divoree
proceeding wherein grounds for divorce had been established as provided in Pa. C.S.A. § 3323(g~ept as foftiiws: -
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Name Address R' to D ' ent
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USE ADDITIONAL SHEETS IF NECESSARY d
f....
THIS SECTION MUST BE COMPLETED:
Decedent was domiciled at death in Cumberla County, Pennsylvania, wit his/her t family or principal residence
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then CD z- years of age, died a y~ ~ , Z l~) ~ at _ ~nU(G~ ~b'~~- _
(Mont ,Day, Year of death) (City and State where death occurred)
Estimated value of decedent's property at death:
~ domiciled in PA All personal property $ ~ ~ ~ L,!
_If not domiciled in PA Personal property in Pennsylvania $
_If not domiciled in PA Personal property in County $
_Value of Real Estate in Pennsylvania $
Total Estimated Value $ ~ (J
Location of Real Estate in Pennsylvania: (Provide full address if possible.) ~L~~t~ I G~~l ~~!'~U~(1r r ~C~
Signature(s) Name(s) & Mailing Address(es)
l~ e~c,.Lt ~vr~ j
1 a ~ i~ (7C~5 ~
Interim Form RW-02 revised by Cumberland County pending action by the Court _ Page 1 of 2
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OATH OF PERSONAL It~PRLSENTATIVE
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Commonwealth of Pennsylvania SS ~ ~rn r,~
County of Cumberland ~ _
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The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition due an
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correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) ofe
Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
t~
before xrtc' his ~ da of
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For the Register
DECREE OF PROBATE AND GRANT OF LETTERS
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Estate of ~ ~ Q' ~ ,Deceased File Number: -
AND NOW, this ~~~ay of ~ d ~ ~ , in consideration of the Petition on
the reverse side hereon, satisfactory proof h ing n presented before me, IT IS DECREED that Letters
Testamentary of Administration are hereby granted to:
(If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.)
t ~ d ~ ~ in
the above estate and that instruments(s) dated described in Lhe petition be
admitted to probate and filed of record as the last Will and odicil(s) of Decedent.
Glenda Farner Strasbaugh,
Register of Wills . -
FEES: f Signature of Counsel Required to Enter Appearance
Letters / ,~'"DC~
Will ~ Atty's Signature
C ~icil(s) G
Short Certificates PRINTED Name:
( )Renunciations....... Supreme Court ID No.:
Bond
Other Address:
Automation FEE.........
JCS FEE Phone:
Fax:
TOTAL $
Interim Form RW-02 revised by Cumberland County pending action by the Court Page 2 of 2
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LAST WILL AND TESTAMENT ~ ~
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BE IT REMEMBERED THAT
I, KATHLEEN M. SPONG, a resident of Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding do make, publish and declare this to be my
LAST WILL and TESTAMENT, hereby revoking any and all Wills and Codicils previously made
by me.
I
I declare that I am not married, my beloved husband, Steven L. Spong, having predeceased
me, and that Ihave two children, namely MICHELLE I. LOUSE and PETER J. BROWN.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary estate as
soon as practicable a$er my decease.
III
I direct that all taxes that maybe 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 the
expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real or personal, wherever situate,
including any property over which I may have a power of appointment to my children, MICHELLE
I. LOUSE and PETER J. BROWN, in equal shares, pursuant to the hereinafter instructions:
A. To my daughter, MICHELLE I. LOUSE, I leave her share of my estate to her
outright, per stirpes; and
B. To my son, PETER J. BROWN, who is physically disabled with severe impairments
consisting of paralysis, diabetes, and heart disease, shall be held in Trust with my daughter,
MICHELLE I. GOUSE, as Tnzstee, nevertheless, underthe following terms:
In providing for the establishment of this trust for the benefit of my said son, I am aware
of the special circumstances and disabilities affecting PETER J. BROWN; which may cause
or will cause him to be eligible for various local, state and Federal benefits and entitlements,
as well as possible assistance provided by various private agencies and organizations. The
primary purpose of this trust is to assure that PETER J. BROWN achieves his maximum
potential and leads as full, independent and normal life as possible. To that end it is my wish
that the Trustee view herself not only as trustee in the traditional sense, but also as protector,
guardian and advocate for my said son. Correspondingly, the Trustee shall expend the income
and principal of the trust in ways that best further these goals, and under the following terms
and conditions:
a. The Trustee, within her complete and unfettered discretion, shall apply the
income and principal of the trust in furtherance of the purposes of the trust as
set forth in paragraph 1 above and generally to enhance the life of my son,
PETER J. BROWN, if living, but only to the extent not provided for by
insurance or by Federal, state, local or any other assistance programs of any
nature whatsoever, including Supplemental Security Income benefits under the
Federal Income Maintenance Program as then existing. The Trustee shall have
full powers of choice and discretion over the expenditure of payments of the
trust. The Trustee shall provide trust payments of such an amount as not to
preclude payment of the maximum amounts of any Federal, state, local or
other assistance programs, as noted above. The income and principal of this
trust may therefore be used as judged necessary and appropriate as a
supplement to, but not to supplant, such Federal, state, local or other
assistance, and to the extent the income of this trust is not used, the Trustee
may accumulate the income and add it to the principal of the trust.
b. The Trustee is empowered to collect and expend on behalf of my said son,
PETER J. BROWN, all governmental financial assistance benefits to which he
is other wise entitled; provided that such funds shall not be co-mingled with the
other funds of this trust.
c. In the exercise of the Trustee's discretion to expend income and principal for
PETER J. BROWN, the Trustee is directed that consideration should be even to
any Letters of Instruction which I may, from time to time, direct to the Trustee.
Such Letters of Instruction, if any, shall be interpreted based on the express
purposes stated herein, and shall not be interpreted to expand the powers and
limitations ofthe Trustee hereof.
d. In the exercise of discretion with respect to income and principal distributions
for PETER J. BROWN, if any, the Trustee shall bear in mind my express desire
to preserve, to the greatest extent possible, this trust's assets for the eventual
distribution to the beneficiaries named hereinafter, whether outright or in trust.
The foregoing sentence is in no way intended to limit the sole and absolute
discretion of the Trustee with respect to such distributions or to give any
remainderman any right to challenge any distribution made by the Trustee in the
proper exercise of such discretion. Rather, said sentence is intended to aid the
Trustee and any Court or administrative agency in properly interpreting my
intent in establishing this trust, namely, that the needs of my son, PETER J.
BROWN, be provided for only to the extent that governmental benefits and
entitlements and other resources are either unavailable, inadequate, or have been
exhausted.
e. If any governmental agency determines that this Trust is an "available resource"
to be utilized and exhausted to pay for services for PETER J. BROWN,
othen~vise provided by public funding, then the Trustee may, at her complete
discretion, elect to terminate this trust, in which case the total assets may be
distributed in accordance with Paragraph 6 below as if my said son, PETER J.
BROWN, was then deceased.
f. Upon the death of my said son, PETER J. BROWN, or in the event he should
predecease me, the principal of this trust as then constituted, together with any
accrued and undistributed income thereon, shall be distributed in the following
manner: my daughter, MICHELLE I. GOUSE, is to receive this entire amount.
V
I nominate, constitute and appoint my daughter, MICHELLE I. GOUSE, as Executrix of
this LAST WILL, to serve without bond
IN WITNESS WHEREOF, I, KATHLEEN M. SPONG, have set my hand to this LAST
WILL this 21St day of June, ~
KATHLEEN M. SPONG
We, R. Mark Thomas and Jessica Leigh Wray, hereby acknowledge and attest that we
witnessed the above named KATHLEEN M. SPONG place her mark on the signature line
declaring this to be her last Will and Testament, and in the presence of us, who, at her request and
in her presence, and in the presence of each other hereunto subscribe our names as witnesses.
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, KATHLEEN M. SPONG, Testatrix, whose narr~e is signed to the attached orforegoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my LAST WILL; that I signed it as my free and voluntary act for the
purposes therein expressed.
THLEEN M. SPONG
Sworn or affirmed to and acknowledged before me by KATHLEEN M. SPONG,
Testatrix, this 21St day of June,
V ~~/V
NOTARIAL SEAL otary Public
JOETTE L MCGOWEN
Notary Public
MECHANICSBURG BORO, CUMBERLAND CNTY
My Commission Expires Jul
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, R. Mark Thomas and Jessica Leigh Wray, the witnesses whose names are signed to
the attached or foregoing instrument being duly qualified according to law, do depose and say that
we were present and saw Testatrix sign, who was unable to sign her name, place her mark for the
purpose of executing the instrument as her LAST WILL; that KATHLEEN M. SPONG signed
willingly and that she executed it as her free and voluntary act for the purposes therein expressed;
that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the
best of our knowledge, the Testatrix was at the time 18 years of age or more, of sound mind and
under no constraint or undue influence.
~w~°
Sworn or affirmed to and acknowledged before me by R. Mark Thomas and
~~ss~`~,4. /~ ,this 21St dayof June, 2011.
NOTARIAL SEAL
JOETTE L MCGOWEN
Notary Public
CUMBERLAND CNN
MECHpNiCSBURG BORO,
My Commission Expires Jul T, 2014