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HomeMy WebLinkAbout01-11-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof avers} the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: John E. Miller File No: -s~ - L~ d ~ ~' a!k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 01/03/2012 Age at death: 86 Decedent was domiciled at death in Cumberland County, pennsvlvania (staref with his/her last principal residence at 325 Weslev Drive, Apt. 325, Mechanicsburg, PA 17055 Lower Allen Townshiy, Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Bethany Village, 325 Weslev Drive, Mechanicsburg, PA 17055 Lower Allen Township Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................All personal property $ 900,000.00 If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania . ....................... Personal property in County $ I~alue of real estate in Pennsylvania ......................................................... $ O.Op TOTAL ESTIMATED VALUE.... $ 900.000.00 Rea] estate in Pennsylvania situated at: None (Rttach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated January 24, 2008 and Codicil(s) thereto dated None 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 bom 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. a., pendente lite, durante absentia, durante minoritate If Administration, c.t.tz 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 de£med 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 haslhave ascertained that Decedent left no Will and was survived by the following spouse (ifany) and heirs (attach additional sheets, if necessary): Name Relationshi Address ~~ ..~ ,~. -'~_ ~ n ~_.. %ti . . _Tl ='.~ . ,-. ~ ._. ~ C`-' _._s~ Form RW-02 rev. 10/11/2011 Page l of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } } SS: } Oltic~~ t3sa ©nly - ~ t i ~- . ~~ t., - Petitioner(s) Printed Name Petitioner(s) Printed Address ^ ~ / (° " C. Edward Ro ers Jr. ~(~1{{^.~(ry~,} 200 Westview Drive Mechanicsbur PA 17055 ,~ a The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to e best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedegt, the~titioner(s) ufjll well and tr~ul~y~a,,d~ ~ ister the estate according to law. Sworn to or affirmed and subscribed before ~~ ~'-~=`F~ - ~ ~ Date 1 / 11 /2012 met 11 pday Qof 3anuary 2012 Date By" ~A ~ A -~---+t:, ~~ ~ ~~, Date For the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters ...................... $~SL~_ ( ~ ~) Short Certificate(s)...... ~~. ( )Renunciation(s)........ . ( )Codicil(s) . ........... . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other .. . (~,,~ l I ~ ........ I '~5 - UG Automation Fee . .............. c JCS Fee . .................... .. G TOTAL ... .................. $'713 ~(~~A~fTO Attorney Siggature Printed Name: Richard C. Snelbaker Supreme Court ID Number: 06355 Firm Name: Snelbaker & Brenneman, P.C. Address: 44 West Main Street Mechanicsburg, PA 17055 Phone: 717-697-8528 Fax: 717-697-7681 Email: DECREE OF THE REGISTER Estate of John E. Miller File No: ,~ ~ - ~~ - C'C? ~, a/k/a: AND NOW, January 11, 2012 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to C. Edward Ropers, Jr. in the above estate and (if applicable) that the instrument(s) dated January 24, 2008 described in the Petition be admitted to probate and filed of record as the last Will (andCodicil(s)) of Decedent. ~~ ~ C` Register of Wills Form RW-O2 rev. 10/11/2011 Page 2 of 2 ffiOS.fl05 REV (01/071 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permap~nt filing. P 18037213 ~ ~ 1~~~~ Certification Number ).oa•r.ax INnMrwm•o[PA~rr.~FO~ e~ ~ Date Issued """'""" CERTIFICATE OF DEATH 1_ ~> ~ .: S' t~ `~ v ~J._.: C.~ ~~ `ai~ .~ ~,~, ~- = ~. L W Y ..s.._ -. ~ ~ u •: s a r _ ~.. .3.Dw.EUNY Ie/al NNa lfkx Mledk, lasl,iAh) 3.Sm 3.ladrl Searkr ltumEer .. Date dDeam lMaDWnr)11tv/Mal John F~win Miller 1 1 - 16 - 7 L.Apwx/ktkdar Msl se.lxrart lrax Sc uM.r1 6.MV ankm lMPAwn«rl D'aM awakl rW wuprfaNEn CnxuTl )a. ~ klantlrs IMTa Nays MNu1n 1 3rcJ t'H r 86 November 5 1925 ».YmE+ae lcoPnrrl Oa in r. EeWUiu lsnteafarel/n raranrrl b.EeWence RNeet erM t4nnCe.-tndrde AM Nn.I sc DEl DaeeMit ENabaTOrrM~bl lvania ~3rn,axaM~Naw l.a+er Allen ,,.,, e. EnnnNe ECaaNyl 325 Wesl Drive .325 GUnberla[rl r.Ewd.ro~aP~ael 17 ^Na,aoNan lte.e rash WEk,a rarNao L Ewrtn U/ArnW Fowl S0. Man ta Axus xTxn xDxm ^Merrkd wlaewee Il.1arMNt9PamYNwre NtrMe,/M name Erlor ntMStnunWI 6[rn ^Ne ^Unbwwn ODl rorue ^tarWr Mertbe ^uirnareri Ix. land) runre (tax, Mddte, Vet 3nltbl 13. 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CMNIn (Olaf vir dMl: O cnrW~ PerNaan- Ta the kert a my fie, axn aaeM drN n me ouWq ane mnwr xavd / CArNtIx/ aMktan-Ta U1e e.xa mr knoNedp. wrtk aswedet rke Wrr, eErc, all Piece, ane aue to the cweelsl eon mama x.tea r qW.xmminxlonwyorW..aw.'b^ xmeWne,a„e..w ~ ~ ~ ~, ~ M(~ urta .n voM.NUmwrs} q~33 :w a ,Erca«~wta: ~W ` / TY 3 J ' k E ~e ""n 9< ~sl/neal ~( p ~91 ~ S 7•} QKNI CV I?A f9ri) ~r 1Mvkn 3 N , 1 3 1L Ea. Eels Nurnker el. Aa/t a 1. Ilrylrtrar f N 41 r r) a i-~ i ~, (c, t ~ I.cd e3. AmeMmenrs X693564 Nlos-3,3 DnoosNlon rxmn res. EEV o)/x9u LAST WILL AND TESTAMENT I, JOHN E. MILLER, of the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my Executor, Executrices or Executrix, as the case may be, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I order and direct that all income, inheritance, estate and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. THIRD. I order and direct that all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, be distributed and disposed of as follows: A. I give, devise and bequeath twenty per centum (20%) of my net residuary estate unto my Trustee or Trustees, as the case may be, IN TRUST, NEVERTHELESS, as a Special Supplemental Care Trust for the benefit of my mother-in-law, namely, JOSEPHINE M. WOLF, if she survives me, on the following terms: L~ ~ ~r -- ~ .., _L. __ L1'- + - , LAW OFFICES SNELBAKER EC BRENNEMAN, F.C. (1) INTENT ~. :_~_. ~4- It is my intention by this trust to create a purely discretionary ~~~-''=== supplemental care fund for the benefit of JOSEPHINE M. WOLF and not to r; tIJ~ ' ~..i ~-~', displace financial assistance that may otherwise be available to her. Illustrative of c~ ~~~ ~ c.: the kinds of supplemental, non-support disbursements that would be appropriate for my Trustee to make from this trust for JOSEPHINE M. WOLF include: sophisticated medical or dental or diagnostic work or treatment for which there are not funds otherwise available, including plastic surgery or other non-necessary medical procedures; private rehabilitative training; dental care; recreation and i, transportation; differentials in cost between housing and shelter for shared and private rooms in institutional settings; supplemental nursing care and similar care that assistance programs may not otherwise provide; telephone and television service, companions for travel, reading, driving and cultural experiences and payments to bring her siblings or others for visitation in the event my Trustee deems that appropriate and reasonable. It is important that JOSEPHINE M. WOLF maintain a high level of human dignity and that her care be humane. If this trust were to be eroded by creditors, subjected to liens or encumbrances, ar cause assistance benefits to be unavailable or terminated, it is likely that the trust corpus would be deleted prior to her death, especially if the cost of care for her would be high. In such event there would be no coverage for emergencies or supplementation to basis needs. The trust provisions contained in this instrument should be interpreted by my Trustee in light of these concerns and this intent. (2) OPERATION OF TRUST My Trustee shall pay or apply for the benefit of my mother- in-law for her lifetime such amounts from the principal or income, or both, of this trust up to the whole thereof, as the Trustee, in the trustee's sole and absolute discretion, may from time to time deem necessary or advisable for the satisfaction of JOSEPHINE M. WOLF'S special non-support needs, if any. Any income not distributed shall be added annually to principal. As used in this instrument, "special non-support needs" refers to the requisites for maintaining my mother-in- laws good health, safety and welfare when, in the discretion of the Trustee, such requisites are not being provided by any public agency, office or department of state where she lives or of the United States, or are not otherwise being provided by other sources of income available to her. Special non-support needs shall include but shall not be limited to the list of suggested non-support items set out in this article. LAw o~icEs SNELBAKER SC BRENNEMAN. P.c. In the event that she is unable to maintain and support herself independently, the Trustee may, in the exercise of the Trustee's best judgment and -2- fiduciary duty, seek support and .maintenance for her from all available public and private sources. The Trustee shall take into consideration the applicable resources and limitations of any public assistance program for which she is eligible. In carrying out the provisions of this trust, my Trustee shall be mindful of the probable future needs of my mother-in-law, but not of the trust remainder beneficiaries. No part of the corpus of the trust created hereby shall be used to supplant LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. or replace public assistance benefits of any county, state, federal or other governmental agency that has a legal responsibility to serve persons with disabilities that are the same or similar to those which JOSEPHINE M. WOLF may be experiencing. For purposes of determining my mother-in-law's public assistance eligibility, no part of the principal or undistributed income of the trust shall be considered available to her. In the event that the Trustee is required to release principal or income of the trust to or on behalf of JOSEPHINE M. WOLF to pay for benefits or services which such public assistance is otherwise authorized to provide were it not for the existence of this trust, or in the event the Trustee is requested to petition the court or any other administrative agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request. My Trustee is authorized, in the Trustee's discretion, to take whatever administrative or judicial steps may be necessary to continue the public assistance program eligibility of JOSEPHINE M. WOLF, including obtaining instructions from a court of competent jurisdiction ruling that the trust corpus is not available to the beneficiary for such eligibility purposes. Further, my Trustee should cooperate with the beneficiary's conservator, guardian or legal representative to seek support and maintenance for the beneficiary from all available resources, including but not limited to, the Supplemental Social Security Income Program (SSI); the Medicaid Program; and any other similar or successor programs; and from any private support sources,. Any expense of the Trustee, including reasonable attorney fees, shall be a proper charge to the trust. -3- (3) SPENDTHRIFT PROVISIONS No interest in the principal or income of this trust shall be ~I anticipated, assigned or encumbered or shall be subject to any creditor or to any legal process prior to the actual receipt by the beneficiary. Furthermore, because this trust is to be conserved and maintained for the special non-support needs of JOSEPHINE M. WOLF throughout her life, no part of the corpus hereof, neither principal nor undistributed income, shall be construed as part of JOSEPHINE M. WOLF'S estate or be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care by any public entity, office, department, or agency of any state or the United States or any governmental agency. Under no circumstances can the beneficiary compel a distribution. (4) TRUSTEE AUTHORITY TO TERMINATE TRUST Notwithstanding anything to the contrary contained in this trust, in the event that the trust has the effect of rendering JOSEPHINE M. WOLF ineligible for any program of public benefit, the Trustee is authorized, but not required, to terminate this trust. In determining whether the existence of the trust has the effect of rendering JOSEPHINE M. WOLF ineligible for any program of public benefit, my Trustee is granted full and complete discretion to initiate either administrative or judicial proceedings, or both, for the purpose of determining eligibility. All costs relating thereto, including reasonable attorney fees, shall be a proper charge to the trust. In the event of voluntary termination, the undistributed balance of the trust shall be distributed to the beneficiaries named in paragraph 8. hereinbelow. (5) VOLUNTARY CARE It is my wish that subsequent to the termination of the trust for the LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. benefit of JOSEPHINE M. WOLF, if the remainder beneficiaries are living and distribution has been made outright to them, if JOSEPHINE M. WOLF is still living because there has been a voluntary termination of the trust in accordance -4- with the provisions of this article, that such contingent beneficiaries will conserve, manage and distribute the proceeds of the former trust for the benefit of JOSEPHINE M. WOLF to insure that she receives sufficient funds for her basic living and supplemental needs when public assistance benefits are unavailable or insufficient. (6) TRUSTEE'S POWERS Subject to the requirement that my Trustee be prudent, my Trustee shall have full power and authority to manage and control the trust estate and to sell, exchange, lease, rent, assign, transfer and otherwise dispose of any or part thereof upon such terms and conditions as my Trustee may, in my Trustee's discretion, deem proper. My Trustee may invest or reinvest all or any part of the trust estate in such common or preferred stocks, bonds, debentures, mortgages, deeds, deeds of trust, notes and other securities, investments of property, including common trust funds, which my Trustee, in my Trustee's absolute discretion, may select or determine. It is my express intention that the Trustee ~ ~i shall have full power to invest and reinvest the trust funds as I might do if living, without being restricted to forms of investments which Trustees may be otherwise permitted by law to make, and without any requirements as to diversification of investments. My Trustee may continue to hold in the form in which received, any securities or any property which I might own at the time of my death or which my Trustee may at any time acquire hereunder; and may invest any part of the trust funds in property located within or outside of the Commonwealth of Pennsylvania. My Trustee is further authorized to invest in life, annuity, accident, sickness, including disability, and medical insurance on behalf of and for the benefit of the trust beneficiaries. My Trustee shall not be obligated to undertake litigation for LAw o~~~ES collection of any benefits or assets payable by reason of my death including, but SNELBAKER 8C BRENNEMAN, P.c. not limited to, such benefits under life insurance policies, employee benefits plans or other contracts, plans or arrangements providing for payment or transfer at -5- death which are payable to my Trustee unless my Trustee is indemnified to my Trustee's satisfaction against any liability and the expense of such litigation. Payment to my Trustee and the receipt of or release by my Trustee shall fully discharge any payor, and no payor need inquire into or take notice of my Will to see to the application of such payment. My Trustee shall, in addition to the powers granted above, have all powers otherwise granted under the Pennsylvania Fiduciaries' Powers Act as amended after the date of my Will and after my death. My Trustee shall specifically have the powers to invest in non- income producing assets. (7) UNSUPERVISED ADMINISTRATION The trust created by this Will may be administered by my Trustee free from the control of any court that may otherwise have jurisdiction over my estate. (8) REMAINDER BENEFICIARIES UPON FAILURE OR TERMINATION OF TRUST WHETHER BY ACT OF TRUSTEE OR UPON DEATH OF JOSEPHINE M. WOLF If JOSEPHINE M. WOLF should predecease me, or at such time as the foregoing trust is terminated, whether by act of the Trustee pursuant to paragraph (4) above or upon the death of JOSEPHINE M. WOLF, I give, devise and bequeath the remaining net balance of the trust fund in equal shares unto PAMELA L. ROGERS, SHERRI L. PHILLIPS, RYAN WOLF, and STACEY GOSS, share and share alike, absolutely. (9) APPOINTMENT OF TRUSTEE(S) I nominate, constitute and appoint C. EDWARD ROGERS, JR., to LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. be the Trustee of the foregoing Special Supplemental Care Trust, but if for any reason he should fail to qualify as such Trustee or cease so to serve, then and in that event, I nominate, constitute and appoint PAMELA L. ROGERS and SHERRI L. PHILLIPS, to be the Trustees of said trust (or either of them if one should fail to qualify or cease so to serve) each and all to serve without bond or -6- other security as a condition of qualification hereunder. All references to "Trustee" in the foregoing trust provision shall be construed to include the plural "Trustees" in the event that co-trustees serve as the fiduciaries of the trust. B. I give, devise and bequeath ten per centum (10%) of my net residuary estate unto RICHARD A. WOLF. C. I give, devise and bequeath five per centum (5%j of my net residuary estate unto JANET STEVENSON. D. I give, devise and bequeath twenty-two and one-half per centum (22'/2 %) of my net residuary estate unto SHERRI L. PHILLIPS. E. I give, devise and bequeath twenty-two and one-half per centum (22'/2 %) of my net residuary estate unto PAMELA L. ROGERS. F. I give, devise and bequeath five per centum (5%) of my net residuary estate unto PINE STREET PRESBYTERIAN CHURCH in Harrisburg, PA. G. I give, devise and bequeath five per centum (5%) of my net residuary estate unto CENTRAL PENNSYLVANIA FOOD BANK in Harrisburg, PA. H. I give, devise and bequeath five per centum (5%) of my net residuary estate unto DOWNTOWN DAILY BREAD in Harrisburg, PA. I. I give, devise and bequeath five per centum (5°%) of my net residuary estate unto BETHESDA MISSION in Harrisburg, PA. FOURTH. If any individual beneficiary named hereinabove should predecease me, I order and direct that the issue of such deceased beneficiary shall be substituted for said beneficiary, said issue to receive the portion of my estate attributable to the deceased beneficiary per stirpes by representation and not per capita. LASTLY. I nominate, constitute and appoint C. EDWARD ROGERS, JR., to be the LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. Executor of this, my Last Will and Testament, but if for any reason he should fail to qualify as such Executor or cease so to serve, then and in that event, I nominate, constitute and appoint PAMELA L. ROGERS and SHERRI L. PHILLIPS (or either of them if one should fail to qualify or cease so to serve) to be the Executrices hereof, each and all to serve without bond or other security as a condition of qualification hereunder, to be the Executrix hereof, each and both to serve without bond or other security as a condition of qualification as my personal representative. IN WITNESS WHEREOF, I, JOHN E. MILLER, have hereunto set my hand and seal -7- to this, my Last Will and Testament which consists of eight (8) typewritten pages to each of which I have affixed my signature this 24`h day of January, Two Thousand Eight (2008). (SEAL) JOHN E. MILLER The preceding instrument, consisting of this and seven (7) other typewritten page, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by JOHN E. MILLER, the Testator therein named, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses hereto. ..~._- ~`~ ~- LAW OFFICES SNELBAKER 8C _ BRENNEMAN. P.C. _o ~ j . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. We, JOHN E. MILLER, RICHARD C. SNELBAKER and JANE J. GOONEY, the Testator 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 Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his or her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Testator Witness Witness Subscribed, sworn to and acknowledged before me by JOHN E. MILLER, the Testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANE J. GOONEY, witnesses this 24th day of January, 2008. Notary Public LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matraa, Notary Public Mechanicsburg Boro, Cumberland County My Commission E~ires Nov, 24, 2011 Member, Pennsylvania Association of Notaries