HomeMy WebLinkAbout12-02-11r--~
PETITION FOR GRANT OF LETTERS ~ ~, ~?
.~.
REGISTER OF WILLS OF ~ ~
Cumberland , r ~ ~..~
COUN
TY, PENNSYL~?~ ~
Petitioner(s) named below, who is/are 18 years of age or older, apply ies fo s'f ~ rJ
support thereof aver(s) khe followin and ( ) r L
Name: Charles
a/k/a:
a/k/a:
a/k/a:
Date of Death:
g respectfully request(s) the grant of Letters in the appropria ~elovw `'
iformat on ,, „ftrtd in„ ~:
~`~ `,=t
-t r::? ~ _
E. Stoo •~ ~~, ~
File ~ '1 Ga c~
(Assigned by Registoer~-) I
Decedent was domic
principal residence at
Decedent died at Ho-~5~
Street add
Estimate of value of decedent's
Ifdomictled in Pennsylva
If not domiciled in Penns
Ifnot domiciled in Penns)
Value of real estate in Pet
Real estate in Pennsylvania
(Attach additional sheers, ifne
® A. Petition for
Petitioner(s) aver(s)
thereto dated (nn r
25 2011 Social Security 1Vo: 204.28.1039
at death in Cumberland Age at death: 73
Meadow Lane Cam County,
Hill PA 17011 Ham sh______-_ (Stare) with his/her last
'address, Post Office and Zip Code
City, Township or Borough Cumberland
t Hos ital 503 N. 21st Street Cam Hill 17011 county
ss, Post Office and Zip Code East Pennsboro To
City, Township or Borough wnshl Cumberland PA
roperty at death: County State
'a•• • • • • • • • • ..................All personal property
Dania...... $
• • ' ' • • • • • • ..Personal property in Pennsylvania 1 000.00
Dania ........ .......... .. Personal roe $
sy/vania ............. P P rty in County $ (10n
........................ non
TOTAL ESTI117ATED VALUE. • , • $_ inn non nn
d at: 826 Meadow Lane Cam Hill 17011 -----.~~1 000 00
Street address, Post Office and Zip Code HaTTI en 'TOwnshi
City, Towushi Cumberland
p or Borough County
e and Grant ..f r e~...__ ..,
is/are the Executor(s) named in the las nWill of the Decedent, dated March 24, 2006
- and Codicil(s)
State relevaer ~;.....~_.__
Except as follows: after the ex ution ofthe ins _........~, ~~x renuactadon, death ojexeeutor, ere.)
divorce proceeding wherein t e o trument(s) offered for probate Decedent did not
~tTY, was not divorced, was not a party to a pending
adopted; and Decedent was n ither the victim of a killing nor ever adjudicated an~nn ar acitated C'S.
® NO EXCEPTIONS § 3:323(8), and did not have a child born or
XCEPTIONS P Person.
^ B• Petition f,,,. n___. ..,
-- »^,.^^a,aaratlOn (Ifapplicable)
c.t.a., d.b.n., d.b.n.c.t.a„ pendente lit durante absentia, durante minoritate
If Administration, c.r! t~ or db.n.c.~a., enter date of Will in Section A above and c
Except as follows: Decedent om lete list of heirs.
in 23 Pa. C.S. as not a party to a pending divorce proceeding wherein the
§ 3323(8) and w neither the victim of a killing nor ever adjudicated an incapacitated person•
Founds for divorce had been established as defined
® NO EXCEPTIONS ~ E CEpTTONS
Petitioner(s), after a proper searc has/have ascertained that Decedent left no Will and was survived by the fol lowi
additional sheets, ifnecessary):
ng spouse (ifany) and heirs (attach
Name
Relationshi
~~ Address
Farm RW-01 rev. /0////10//
Page 1 of 2
bath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } SS:
}
The Petitioner(s) above-nay
of Petitioner(s) and that, as
Sworn to os~ffirmed t
me this day of
By:
For the Register
BOND Required: ®yE
FEES:
t"~^ r ~ . ;..„
~t
t Official Use O
_ t_
~t~~ ~~
swear(s) or affirm(s) the statements in the foregoing petition are true and correct to the best of the knowledge and belief
>onal Representative(s) of the De dent, the Petit~er(s) will well and truly administer the estate according to law.
subscribed before
c.
~~~_ Date Z ~/ ~~
---______ Date
-~_ Date
~_ Date
NO
To the Register of Wills:
Please enter my appearance b m
Y y signature below:
Letters ... .
( )Short Certificate(s)..... $
( )Renunciation(s)..... .
( )Codicil(s)........ .
( ) Affidavits}...... .
Bond........ I ....
Commission ...... . . . .... ~....
Other
-.~....
. ~ ...
• ...
.... ...
Automation Fee....... .
JCS Fee. ....
TOTAL ................. ..
.......... ~L .. $_ 0 00
Estate of
a/k/a:
AND NOW, 1 ) y /
satisfactory proof hav~tng``'-berme-n`
the instrument(s) dated _
described in the Petition be
Form RW-01 rev. IO/1 //10//
I Attorney Signature:
Printed Name: Stanle A. Smith, Esquire
Supreme Court
ID Number: 33782
Firm Name: Rhoads & Sinon LLP
Address: ~e So ,th ~~-~-
et 4rn~arP 1 h Floor
Hatrisbur PA 1 71 08-1 1 46
Phone: 717-233-5731
Fax: 717-260-4428
Email: -
DECREE OF THE REGISTER
File No: _____G~~ / _ I / ~ l~~
-~_, to considerat' n of the ore oin Petition
.se t d before me, IT IS DECREED that Le e c' g g ,
are hereby granted to
in the above`estate and (if applicable) that
ed to pro ate and filed of record as the la~t Will (and~odicil(s)~ of Decent.
~~ t
of Wills
Page 2 of 2
,wrv//
LOCAL REGISTRAR'S CERTIFICATION
Wi4RNING: It is illegal to duplicate this copy b OF DEATH
y photostat or photograph.
Fee for this certificate, $6.00
P 18~~37369
Certification Number
H,pf113 qEy ,1kpp5
TYPEpI
atAa, WK
,. Name a Deuaara p're, miw°. yet «4)
Dr, (~arles E,
S Ape heM ~) UMx 1
73 "~
Yrs.
ae Casey d DWh
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teaui~ dWart
,6. DaoederN'a ° , St
MeigAddnee f3tr«t cey/
826 Meadow Lam
Hill PA 170
1d feeelc Nmr (F«t aYdAa. 4t slfal
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2,e. Mellyda Diepoeeari
^ pl~i.~ ^ grnwrh,nsyr
`~ 2334Yeed F+neral
1/-ia~~
This is to certify that the information here giver
correctly copied from an original Certificate of De.
duly filed with me as Local Registrar. The origin
certificate will be forwarded to the State Vi
Records Office for permanent tiling.
Local Registrar ~~ ~~ ~~
~=`' Date Issued
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COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH .VITAL RECORDS
CERTIFICATE OF DEATH
(See inatruetlona and examples on inverse)
`S 2 ~ STATE FILE NUMBER
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LAST WILL AND TESTAMENT
OF ~ t,..,
r~~ ~I
CHARLES E. STOOPS =~~ ~ ~ ~ .j ' `--
?. c.. 1 +
,'a ~ t j '
I, CHARLES E. STOOPS, of Camp Hill, Pennsylvania, bein of sod _~ ~? ry
g nd and , ; `.~ ~`
disposing mind d memory, do make, publish and declare this to be my Last Will and
Testament,
hereby revoking 11 Wills and Codicils by me at any time previously made.
I the widower of Sandra A. Stoops. I have two children, Charles E. Stoops, II
and Vicki L. C'a~lb '
household
appliances,
collections,
1 ~ TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my
to and furnishings, automobiles, books, pictures, jewelry, china, crystal,
items of hardware
re, wearing apparel, articles of household or personal. use or adornment,
boats and recreational equipment and vehicles, computers (including all
d software used with or for my computers), together with all policies of
insurance thereon, t my son, CHARLES E. STOOPS, II, if he survives me. If m
y son does not
survive me, such
estate.
2.
property, real, persl
all property over wl
exercise in favor of
Page 1 of 6 Pages
594902.1
shall be sold and the proceeds thereof shall pass as a part of my residuary
RESIDUE. I give, devise and bequeath all the rest and residue of my
al and mixed, not disposed of in the preceding portions of this Will, includin
g
h I hold a power of appointment (which powers of appointment I hereby
y estate), to the then Trustee of "The Charles E. Stoops Revocable Trust"
created by a Declaration of Trust dated October 13, 1999, which was amended and resta
ted m its
entirety by instrument dated the same date as this Will, to be held, administered and dis ose
p d of
pursuant to the t~rms of such Trust as in effect at my death. If the Charles E. Stoops Revocable
Trust is not in a istence at my death or is declared to be invalid in whole or in part, then I
give,
devise and bequ ath my said residuary estate to my son, CHARLES E. STOOPS, II if he
survives
me, or if he does not survive me, to his issue, per stirpes, living at my death or if he has no issu
e
then living, to su h charitable organizations as maybe selected by my Executor kee in i
p g n mind
my charitable int rests as described in the Charles E. Stoops Revocable Trust.
3.
estate shall be sub
receiver in bankrul
thereof. My Execu
SPENDTHRIFT PROVISION. No interest in income or principal of my
ect to attachment, levy or seizure by any creditor, spouse, assignee or trustee or
~tcy of any beneficiary of my estate prior to the beneficiary's actual receipt
for shall pay over the net income and the principal to the beneficiaries herein
designated, as their interests may appear, without regard to any attempted antici ation
p (except as
maybe specifically provided herein), pledging or assignment by any beneficiary of m esta
y to and
without regard to y claim thereto or attempted le
vy, attachment, seizure or other process against
said beneficiary.
4.
same time as I or
SURVIVAL PRESLTMpTIONS. Any person who shall have died at the
er such circumstances that it is difficult or impossible to determine who shall
have died first, shall a deemed to have predeceased me.
5• FIDUCIARY PpWERS. In the settlement of my estate, my Executor shall
possess, among other, the following powers, exercisable without
pnor court approval, but m all
Page 2 of 6 Pages
cases to be exercised for the best interests of the beneficiaries:
pia) To retain any investments I may have at my death so long as my
Executor may deem it advisable to my estate so to do, including securities owne
issued orh underwritten by arty corporate Executor or any of its affiliates. d,
O To vary investments, when deemed desirable by the Executor, and to
invest in very kind of property and type of investment includin
issued or derwritten by any corporate Executor or any of its affiliatels,itor as ton~~
which su h Executor or its affiliate acts as investment advisor, as the Executor shall
deem wis .
(c In order to effect a division of the principal of my estate or for an
other p ose, including any final distribution of my estate, my Executor is y
authorize to make said divisions or distributions of the personalty and realt aril
or wholly n kind. If such division or distribution is made in kind, said assets shally
be divided or distributed at their respective values on the date or dates of their
division or distribution. In makin an
Executors all divide or distribut s aid s sets ~n a manner v~,hich W111 d' my
any unreali ed appreciation among the beneficiaries. fairly allocate
~d) To sell either at public or private sale and upon suc;h terms and
conditions s my Executor may deem advantageous to my estate, any or all real or
personal est to or interest therein owned by my estate severally or in conjunction
with other persons or acquired after my death by my Executor, and to consummat
said sale or ales by sufficient deeds or other instruments to the purchaser or e
purchasers, onveying a fee simple title, free and clear of all trust and without
obligation o liability of the purchaser or purchasers to see to the application of th
purchase mo ey or to make inquiry into the validity of said sale or sales; also, to e
make, execu e, acknowledge and deliver any and all deeds, assignments, o tions or
other writing which maybe necessary or desirable m c P
;powers conf rred upon my Executor in this paragraph ore ewherein thistWill.
fie) To mortgage real estate and to make leases of real estate for any
term.
indebtedness f mine o~ of m ne tatom any party including my Executor, to pa
other taxes. y e, expenses of administration, Df;ath Taxes or
fig) To pay all costs, expenses, legally enforceable debts, funeral
expenses and cll arges in connection with the administration of my estate.
Page 3 of 6 Pages
(~) To vote any shares of stock which form a part of my estate or trust
and to o herwise exercise all the powers incident to the ownership of such stock and
to active y manage and operate any incorporated or unincorporated business,
includin any joint ventures and partnerships, and to incorporate any such
umncorp rated business, with all the rights and powers of any c-wner thereof.
~1 In the discretion of my Executor to unite with any other owners of
similar p perty in carrying out any plans for the reorganization of any co oratio
or comp y whose securities form a part of my estate. ~ n
~) To assign to and hold in my estate an undivided portion of any asset.
~k) To hold investments in the name of a nominee.
~1) To compromise controversies.
gym) To disclaim, in whole or in part, any and all interests in property
owned by eat the time of my death, including those passing to me by Will,
intestacy, c ntract, joint ownership, operation of law or otherwise.
fin) To designate one or more persons or a corporation to act as ancill
fiduciary in any jurisdiction in which ancillary administration may be necessa ~
such ancill fiduciary to serve without bond or security and to have all the ry,
powers, aut orities and discretions conferred hereunder.
~o) To employ and compensate from income or principal, in the
discretion o my Executor, investment and legal counsel, accountants, brokers
other special sts, and, whenever there shall be no corporate Executor in office a d
corporate cu todian, and to delegate to investment counsel discretion with respect
to the inves ent and reinvestment of any or all of the assets held hereunder.
6• EXCULPATORY CLAUSES. In the settlement of my estate:
~a) My Executor shall not be personally liable for any loss to my estate
or to any bene iciary of my estate resulting from an election made in good faith to
claim a deduc ion as an income tax deduction or as an estate tax deduction.
Tax, my Exec to shall not be a ersin my gross estate for the purposes of any Death
benefice o f P ovally liable for any loss to my estate or to any
~'Y y estate resulting from my Executor's decision made in good faith
to use a particu ar valuation date.
~~~
Page 4 of ~ Pages ~,
I
i
III
I
~• TAX CLAUSE. Except to the extent paid by the Trustee of the trust
described in Item 2 hereof, all inheritance, estate and similar taxes becomin due b
g y reason of my
death, except an taxes relating to generation skipping transfers imposed under Cha
ter 13 of
Subtitle B of the Internal Revenue Code, as amended ("Death Taxes" p
), whether such Death Taxes
shall be payable
of the property pG
estate. My Execu
paid by my Execu
passing under this
8.
twenty-one shall be
payable hereunder,
Custodian for such
~y my estate or by arty recipient of any property, shall be paid by my Executor out
.sing under ITEM 2 of this Will as an expense and cost of administration of m
Y
for shall have no duty or obligation to obtain reimbursement for any Death Taxes
tor, even though paid with respect to proceeds of insurance or other property not
Will.
CUSTODIAN OF ESTATES. If at any time any individual under the age of
;entitled to receive any assets free of trust by reason o:f my death, whether
by operation of law or otherwise, I appoint my Executor hereinafter named as
under the Pennsylvania Uniform Transfers to Minors Act.
9~ EXECUTOR APPOINTMENT. I hereb a oint m son CH
Y pp Y ~ ARLES E.
STOOPS, II, as Exe utor of this Will. If for any reason my son should fail or cea
se to act, I
appoint MICHAEL . MALPEZZI, of Mechanicsburg, Pennsylvania, as Executor
and if Michael
J. Malpezzi should ~ ~"
Pennsylvania, as
originally named
10
Executor shall qualify
or cease to act, I appoint STANLEY A. SMITH, Esquire, of Harrisburg,
tor. All references in this Will to my "Executor" shall refer to my
or to my successor Executor, as the case maybe.
WAIVER OF BOND• FIDUCIARY FEES. The Custodian and my
serve without the duty or obligation of filing any bond or other security.
Page 5 of 6 Pages
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, consisting of this and the preceding five (5) pages, this,?'~~' day of
~? ~ , 2006.
~`~~.°~ (SEAL)
Charles E. Stoops
published and d
presence of us, ~
hereunto set our
the executin„ ~h.
the undersigned, hereby certify that the foregoing V~'ill was si
red by the above-named Testator as and for his Last Will and~Tesdtamentain the
at his request and in his presence and in the presence of each other, have
ds and seals the day acid year above written, and we certify that at the time of
f,~ the said Testator was of sound and disposing mind and memory.
~-(SEAL) Residing at:_ /~3~ ~ 1~,~ /, _
~'~-~
~~0.~
(SEAL) Residing a
Page 6 of 6 Pages
COMMONWEALTH OF PENNSYLVANIA
CC-LJNTY OF DAUPHIN SS:
~Ve, CHARLES E. STOOPS
~•tLand
~ `~~ ~ ,the Testator and the Witnesses, respectively, whose names are
signed to the forgoing instrument, having been sworn, do hereby declare to the undersigned officer
that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and
Testament, that h signed voluntarily, that each of the witnesses, in the presence of the Testator and
of each other, sig~ed said Will as a witness and that to the best of the knowledge of each witness,
the Testator was a~t the time of sound mind and under no constraint or undue influence.
i ~ ~
~ul~scnbed and acknowledged before me by CHARLES E. STOOPS, the Testator,
and subscribed and sworn to before me by ._„~(
~-_ ^ .~__ and
~~"'°~` ~'-~ ,the witnesses_ r,,, th;~ a ci.. a,,....r r~ _. _ _ r .
2006.
I
--
I
Notary Pull'
My Commission Expires:
!, (SEAL)
COMlvi0 ~~EAi-TH OF PENNSYLVANIA
Notarial Seal
Cind L. Leitzel, Notaryn~~
1 City °~burg, Dau
MY ommission E-xpir~ ~. 2~
~e:_:,-.,`.n~. np.,.,~,~.l,r~nf~ Gam-
'~'rti2n of Notaries
Yvonne R. Durham
BROADS & S Ph (717) 231-6671
IKON LLP fx (717) 238-8623
ydurham@rhoads-sinon.com
FILE NO: 6913/UZ
December 1, 2011
Re: Estate of Charles E
Stoo n
~~
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.
s . ~-,
VIA FEDERAL
XPRESS ,;y 'Zw r~r~l
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Ms. Glenda Fanner Strasbaugh -, ~ ry
C..aC
-'
-`
Register of Wills ~ ~ ~? ~`
Cumberland Coun
~house ~= `'~ ~
One Courthouse S uare ~,,,:,
Carlisle, PA 17013 3387
Dear Ms. Fanner-S asbaugh:
We are sub fitting to you for probate the on
away November 2 , 2011, a resident of Cumberland 1Co11.~n of Charles E .Stoops who passed
documents: ty Enclosed are the following
1 • Origi al Will dated March 24, 2006.
2• Origi al Death Certificate.
3• Petitio for Probate and Grant of Letters. Please note that t
Execut r was taken by the Register of Wills of Dauphin County. he Oath of the
4• Estate formation Sheet.
5• Check ' the amount of $373.50 representin
Will $1 .00; cost of five (5) Short Certificate s$ 0 00; JCS andtautomatio 310.00;
$28.50.
n fee of
We have enclo
that you time-stamp t
envelope.
832630.1
One South Market Square,
a copy of Petition for Probate and Estate Information Sheet and ask
documents and return them to us in the enclosed self-addressed
12th Floor • P.O. Box 1146 •
------ Harrisburg, Pq 17108_1146 ph: 717 233.5731
www. rh dsao si n on. com -------------- --
_ December 1, 2011
Page 2
If you hive any questions or require additional information, lease
contact ow office. P do not hesitate to
Very truly yours,
Encloswes
BROADS & SINON LLP
Yv e R. Durham
P egal