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HomeMy WebLinkAbout11-10-11n -~ Y ' ,. ~ ~;~ ~, .7-~'jj ~- T..~ ~ .._, (-" C _., PETITION FOR GRANT OF LETTERS ~'= `r' REGISTER OF WILLS OF ~ ~~ 6' - ` ~~~(/~ ~C(,~(~ COITNTY, PENNSY~t~AN~A ~- "' ~_ . -'; ~;~ a~ ~ ;-,-, Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as s~'ecified bel 'i'N, and inT' ~. . support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's I formatio - Name: C ~ l ~ I }~l l~~ ~' 1 a/k/a: a/k/a: a/k/a: Date of Death: it -,~n - Decedent was domiciled at death in principal residence at ~U~ [}}'j-~ File No• ~~ _ I ~ _ ~ ~ I (Assigned by Register) =~~y~ Social Security No: I~~ '" ~~~ L/L(./ . Age ~ eath County, C{ (Stare) w~h„~lis/her last Street address, Posl/Offce and Zip Code ~ ~ f[ity, Township o, orough Coulyty Decedent died at . 1L j t~~. z~Sf St ~ ~~/l ~ C%~ ~~'~~ /~/>~ Street res ,Post OfTice and p Code C ty, Tow shi or Bor County State Estimate of value of decedent's property at death: ~. ( If domiciled in Pennsylvania ............................ All personal property $ ~~/~ If not domiciled in Pennsy!vania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsy!vania ........................ Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ ~ ( • t Real estate in Pennsylvania situated at: ~ ~ (Attach additional sheets, ijnecessary.) Street address, Post Oftice and Zip Code City, Township or Borough County A. Petition for Probate and Grant of Letters Testamentary ~ ~~ Z, y~/ Petitioner(s) aver(~~l~ they is/are the Executor(s) named in the last Will of the Decedent, dated ~i' and Codicil(s) thereto dated State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ®NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d. b. n., d. b. n. c. t. u., pendente lite, durante absentia, durante minoritate If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no W it l and was survived by the following spouse (if any) and heirs (attach additional sheets, if'necessury): Name Relationshi Address /' / Val,' ~~ ~ vVt ~1 f 'i I l(..1~ C' . l Form RW-02 rev.10/11/2011 Page 1 of 2 Oath of Personal Representative offt~s i u5~ oniy ~~: _, . O -,. , . COMMONWEALTH OF PENNSYLVANIA 77 ~ '~-~-~ ~, ~ COUNTY OF } `~ cn ~~ r"? _- .; __. _" ." ~ Petitioner(s) Printed Name Petitioner(s) Printed Address _ ~~3 v - ~ '~~ a ~~ ~ GC The Petitioner(s) above-named swear(s) or affirm(s) 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-D,e~cedent, the Petitioner(s) will well and tntly administer the estate accJordin to law. Sworn to r aff rmed a.n bscribed b ore t~/ \ ~~ Date %`/ 'U ~ ( me lay of Date $y, Date o the Register Date BONDRequired:^YES ~O FEES: Lett ................... $ ~O .. ~ ( )Short Certificate(s)..... . ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . th r• ........ ? .:::::: a ........ Automation Fee .............. . JCS Fee . .................... TOTAL ..................... $ File No• ~~'' / } / ~' DECREE OF THE REGISTER Estate of a/k/a: ll~ l yli nl1/^ To the Register of Wi![s: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Supreme Court ID Number: Firm Name: Address: Phone: Fax: Email: AND NOW, y Y ~ ire m h ~ ~' l ~ 2 ~ ~ , in consideraf on of the foregoing Petition, satisfactory proof having been presented before me, IT IS DEC ED that Letters •C /~ C /'1 ~7d ~(, are hereby granted to ~l ~~'-Gt rK~ F in the above estate and (if applicable) that the instrument(s) dated _ described in the Petition be to probate and filed of record as the last of Wills Form RYV-02 rev. tnittizntt (and Cphdi~cil(s j) of Deceden~ti ~; ~`~ ~~~ Page 2 y ~:~ ~ LAST WILL AND TESTAMENT ~;~ ~- ~ ,~ ~; ~, ~- .-~ _z, ~=~ u .~ ~ _. OF ~~ CJ {~~ ,., 1 ~~ ~ i..~ ~'7 Q ANNABELLE GINGRICH ~ ~±~' ~'} I, ANNABELLE GINGRICH, of Hampden Township, Cumberland County, Pennsylvania, being of sound mind and disposing memory, though I realize the uncertainty of this life, I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: § 1.1 I bequeath all my tangible personal property in accordance with the terms of a personal property memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. § 1.2 I bequeath such property not disposed of by such memorandum, or all of such property if no such memorandum is located or received, to be distributed as follows: (a) all furniture to my daughter and son-in-law, Dinah Rae Markley and Thomas W. Markley, of Hampden Township, or the survivor of them; (b) all the rest of such property shall be sold and the proceeds shall pass as a part of my residuary estate. § 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.4 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Two: Residue: §2.1 I bequeath and devise all the residue of my estate, of whatever nature and 1 wherever situated, including any properly over which I have a power of appointment, to be divided and distributed as follows: §2.1.1 Twenty-Five percent (25%) to my daughter, Diane Rebecca Hostetler, of Temple Hills, MD, per stirpes; and §2.1.2 Seventy-Five percent (75%) to my daughter, Dinah Rae Markley, of Camp Hill, PA, per stirpes. Article Three: Provision for Debts and Expenses: § 3.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Four: Appointment of Fiduciaries: §4.1 I appoint my daughter, Dinah Rae Markley, as Executrix of this Will. If Dinah Rae Markley is unable or unwilling to serve or continue to serve, for any reason whatsoever, I appoint my son-in-law, Thomas W. Markley, as first, contingent Executor of this Will. If Thomas W. Markley is unable or unwilling to serve or continue to serve, for any reason whatsoever, I appoint my granddaughter, Emese R. Nicholson, of Enola, PA, as second, contingent Executrix of this Will. All references herein to the "Executor" shall mean my originally appointed Executrix, or contingent Executor or Executrix, as the case may be. Article Five: Powers of Fiduciaries: §5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §5.2 Any such fiduciary shall have the following powers, in addition to those given by law: §5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §5.2.3 To borrow money from any person including any fiduciary acting 2 hereunder, and to mortgage or pledge any real or personal property; §5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; §5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; §5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; §5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; and §5.2.8 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. Article Six: Provision for Taxes: §6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor as follows: §6.1.1 Death taxes due on the value of items of Tangible Personal Property bequeathed pursuant to Article One shall be paid out of the principal of the residual portion of my estate disposed of by Article Two of this Will. §6.1.2 Death taxes, if any, due on the value of assets such as life insurance policies, my IRAs or Annuities shall be paid out of the proceeds of those assets on a prorate basis before distribution of the balance of the accounts is made to the beneficiaries named in the life insurance policies, IRAs or Annuities. §6.1.3 Any other death taxes due on all other assets shall be paid by the Executor out of the principal of the residual portion of my estate disposed of by Article Two of this Will. 3 Article Seven: Miscellaneous Provisions: §7.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. §7.2 Whenever the Fiduciary is to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Fiduciary's sole discretion exercised in good faith), the Fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Fiduciary (including the Fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. §7.3 Except as otherwise may be provided in this Will, until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. §7.4 If any beneficiary hereunder should die within thirty (30) days after me or within thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. IN WITNESS WHEREOF, I, ANNABELLE GINGRICH, have hereunto set my 4 hand and seal to this, my last Will, typewritten on six (6) sheets of paper, including the self-proving n attestation clause and signatures of witnesses, this ~`~' _ day of ~`a ~~.~~ , 2004. ,, - ~ (SEAL) ANNABELLE GTN RICH Signed, sealed, published and declared by the above named ANNABELLE GINGRICH as and for her last Will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~~~~-,~ Residing at ,-.~- ~~ Residing at r ~-~---- ~ i~~ Residing at ~/af? p ~~i t ~ /~/ 7 p/ ~ lds~'' Q~~Sv~c~'~1 ~~~e~t~~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. We, ANNABELLE GINGRICH, the testatrix, and ~~LI ~ a,C~c~N ~~/N~rc Y~c~e ~U ~. ~ ~ ~~ JT~/an -r ,and ~ ^' ~ f n ~ 'T ~ ,the witnesses, 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; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each 5 subscribing witness in the hearing and sight of the testatrix signed the Will as a witness and that to the best of his or her knowledge the testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ANNABELLE GI CH fitness ~~. Witness Witness Subscribed, sworn to and acknowledged before me by ANNABELLE GINGRICH, the testatrix, and subscribed and sworn to before me by ~L~ ~~/.~r~Ti~ l~~`iv~.~e v,<~~ ,fU ~, ~ f*l. f-T~,~aR T and -r. ~~~Lr ~~ ~ r ~~ the witnesses, this Z ~? ~' day of n~ /t c ~a , 2004. Not Public My Commission expires: SEAL' ~ MONWEALTH OF PENNSYLVANIA Notarial Seal Wtus E. ICsrte, Notary Public F~IM 80r0. CtanberlanC County My ~ ExpirBS Nov. 15, 2007 Member, PenflSyNe'nis Association Of Notaries 6