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Home My WebLink About01-13-12PETITION 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 aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Decedent's Information Name: Matilda M. Luther a/k/a: a/k/a: a,'k/a: Matilda Minnich Luther Date of Death: 11/14/2011 Decedent was domiciled at death in Cumberland County, File No: 21-12 - ~~~1 (Assigned by Register) Social Security No: 184-05-5178 Age at Death: 94 PA (State) with his/her last principal residence at 100 Mt. Allen Drive, Mechanicsburg 17055 Upper Allen Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Messiah Village Upper 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 $ 5.000.00 Ifnot domiciled in Pennsylvania ................ Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania ................ Personal property in County $ Value ofreal estate in Pennsylvania ................................................................... $ 20,000.00 ^ TOTAL ESTIMATED VALUE $ 25,000.00 Real estate in Pennsylvania situated at 1/28 interest in Parcel No. 38-08-0569-016 Silver Spring Township Cumberland Cty (Attach additional sheets, i/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) that helshelthey is/are the Executor(s) named in the Last Will o(the Decedent, dated 08!30/2004 and Codicil(s) thereto dated State relevant circumstances (e.g., renunciation, deaQh o/executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate, Decede t did not mar was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined i~ 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 Inca acitated person. ® NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.J d.b.n., d.b.n.c.t.a., pedentelite, durance absentia. durente minoritate If Administration, c.ta or d.b.n.c.ta., Except as follows: Decedent was not a party to pending divorce proceedin wherein t e 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 ad9udicated a incapacitated person. ® NO EXCEPTIONS ^ EXCEPTIONS i Petitioner(s), after a proper search has/have ascertained that Decedent left no Will andwas survived by the follow' spouse (if art~+) and heirs (attach additional sheets, if necessary): ~ ,__,Tt _: ~ _- Name Relationship ~~- Address ~ ~- r" - . ..-i ~..J -T~ ~ - _"i .. r--'-_ .a:r L~ ~` ~' Form RW-O2 rev. 10.11-2011 Copyright (c) 2011 forth software only The Lackner Group, Inc. Page 1 of 2 .1,.. Oath of Personal Representative ~~' offici2l sto y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } ; r• i ~ , ; Petitioner(s) Printed Name Petitioner(s) Printed Address Lois Ann Norris 6 Gunpowder Road ^; I' ~'r ~ Mechanicsburg, PA 17050 ~~~~~ ~ ~ ~~. f ~ ~'; ~ s. n,_ '~y 7-7725 •: i ~- Susan E Lederer 5011 Locust Lane Harrisburg, PA 17109 717/652-7323 ~~~~~~~t a~w~-~~d~~~~~ swcar~s/ or amrmtsl me s>:a[ements 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, P ' ioneri(s) w'll wel nd truly administer the estate according to law. ..... Sworn to or affirmed and ubscribed before Date /- I~ -/ me this ~ day of ~~ f ~ Date 1 By: Date For the Register Date BOND Required? ~ YES ~ NO FEES: Letters ...................................... .... $ ( t )Short Certificate(s)...... ... _ ~ ., ( - )Renunciation(s) .......... .... 5 ( )Codicil(s) ..................... ... ( )Affidavit(s) ................... ... Bond ......................................... .... Commission .............................. .... Other ~ '~ ~ ~ ~ Automation Fee ......................... ... JCS Fee .................................... ... TOTAL ...................................... ... $ 1 1 ~ . ~ To the Register of Wl/s: riease enter my appearance by my signature below: ttorney Signa ure: Print Named Amy . Moya Supreme Court ID Number: 91402 Firm Name: Address: 5011 Locust Lane Harrisburg, PA 17109 Phone: 717!652-7323 Fax: E-mail: Amyt~Lederertaw.com DECREE OF THE REGISTER Date of Death: 11/14/2011 Social Security No: 184-05-5178 Estate of Matilda M. Luther File No: 21-12 -[~ 1 a/k/a: Matilda Minnich Luther AND NOW, 1 ~-- _ , in consideration of the foregoing Petition, satisfactory proof vi bee prese ed before me, IT IS DECREED that Letters Testalnentarv are hereby granted to Lois n Norris and Susan E Lederer in the above estate and (if applicable) that the instrument(s) dated ~ ~ 08!30!2004 described in the Petition be admitted to probate and filed of record th I _st V~ill (an opicil(s)) of De ent R~glster of W Its ~ ~~ ~ ~~ Form RW-02 reg. 1al~rzotl Copyright (c) 2011 form so r only The Lackner Group, Inc. Page 2 of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat olr photograph. Fee aor this certificate, $6.00 P 17646130 Certification Number 1 »~ - - ~ (.. - _" - _- - .,.. lC_,_; Tt _ .. -°~-- - r~ ~. 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 permanent fili(~g. l~t~:~. ~ .- ~a~',.. 1I ~ !~ ~ ~ f Local Registrar Date Issued N10Sts3 REV naaatl COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE) PRINT IN Pauc.NwN"T CERTIFICATE OF DEATH (See inetructinnw wnd erwrYrnlnr nn ,.ww,wea ~~ `~ rvUMtlGX 1. Nara. a Dsdars tFa0. mma, 4et alb) x. Sec a ~. Ssnrrsy Numoer ~. Dar d Darn Iwmn, my. ran Female 1''84 - 05 -51 78 November 1 4, 201 1 5. Me Itaa BOaiaaYl Ungar 1 year UMa 1 & Dab d Birtlr (horse, 7. Bseplacs (~ arN eww a M. Pbd t>osb ICOerk oml rwrw 0•ra rrdm satyr lldaset ~, Otlrr. 94 YR March 6, 191 7 New Kingston PA ^,np, ^ER,owp.a.n ^DOe ~~+apngtlona pRsatlr,d ^py,ar_yyedp, Bb C . raery d OeaN &. City. Bono. 7wp. d OeaN EG Fa e Oy Nsriw iq nol iruld fio a, P +f traat aM msr4sr) '. 9. Was DsuOaN d FGgonc Onpn7 ~lo ^ Yes 10. Raa: Mwricsn n6sM1 BYd YMN etc ~^ (( ~~ . 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I ~ I 1 I ~ i ,l I ~I c~ Fbd (wwm. ar, yr~?I . /CTO /Y1 x`- ~LQ/t ~,1L. GspoaOen Parmil Nw v O 7 J 7 V .D /~ivcxis-~-O 'll c.~. -1 . - - - - Last Will and Testament of Matilda M. Luther I, Matilda M. Luther, a resident of Cumberland C unty, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be~my Last Will and Testament. Article One Distribution of My Property Section 1.01 Pour-Over to My Living Trust All of my probate estate, excluding any property over hick I might have a power of appointment, and after payment of expenses and taxes hich arf; paid pursuant to this will, I give to the Trustee of the Matilda M. Luther Liv'ng Trust dated October 2, 1996 and any amendment thereto executed prior to this will, t be added to the property of that trust and direct that the Trustee administer the property a~ provided in the trust agreement and any amendments prior to my death. ', Section 1.02 Alternate Disposition If the trust referred to in Section 1.01 is not in effect ~ my death or if for any other reason the pour-over cannot be accomplished, I specific, ly and completely incorporate the terms of the trust into this will by reference. In such a situation, I direct my personal representative to establish a trust in accordance with the provisions of such trust and give the remainder of my estate, excluding any property over which I :might have a power of appointment, to the Trustee of said trust to be administered as provided in the trust agreement. ~_ C C~ CJ 1 (: -'-`=-111 ~ ~,_~ 'i'I C7 .~_+ ;:> p...,] _. ~ _. L..~ _ .._.,. ~~ ~._.J .~ t ". Page 1 of 9 Article Two Designation and Succession bf Fiduciaries Section 2.01 Personal Representative I nominate Patrick E. Bell and Lois Ann Norris a/k/a Lois M.:~lorris as my personal representative. If Patrick E. Bell and Lois Ann Norris a/k/a Lois M. Norris fails or ceases to act as my personal representative, Inominate the following as my successor personal representatives in the order named: In the event that Patrick E. Bell is unable to serve, Susan E. Lederer to serve in his place and stead; and In the event that Lois Ann Norris a/k/a Lois M. Norris is unable to serve, Jack Norris to serve in her place and stead Article Three Powers of Fiduciaries Section 3.01 Grant My personal representative may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my personal representative may exercise the following powers: hold, retain, invest, reinvest, sell, and manage real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. My personal representative may partition,, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan and contract. My personal representative may distribute the assets of my estate in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. My personal representative may hold in nominee form, continue businesses, carry out agreements, deal with itself, other fiduciaries and business organizations in which my personal representative may have an interest. It may establish reserves, release powers, and abandon, settle or contest claims. It may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Page 2 of 9 Section 3.02 Powers Granted by State Law In addition to all of the above powers, my personal representative may exercise all powers granted under applicable state law as set forth in Pennsylvania Probate, Estates and Fiduciaries Code, as amended after the date of my will. I incorporate such Code as it exists today by reference and make it a part of my will. Section 3.03 Distribution Alternatives My personal representative may make any payments under my will.: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under disability; To the beneficiary's guardian, conservator, or caregiver for the benefit of the beneficiazy; or By direct payment of the beneficiary's expenses. A receipt by the recipient for any such distribution, if such distribution is made in a manner consistent with the proper exercise of my fiduciazies' duties hereunder, shall fully discharge my fiduciaries. Article Four Administrative Provisions Section 4.01 Court Proceedings If any trust is established under my will that trust shall be administered in a timely and efficient manner consistent with its terms, free of active judicial intervention and without order, approval or other action by any court. It shall be subject only to the jurisdiction of a court being invoked by the trustees or other interested .parties oi• as otherwise provided by law. Section 4.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any bond is required by any law, statute, or rule of court, no sureties be required. Page 3 of 9 Section 4.03 Compensation Any fiduciary under this instrument shall be entitled to reasonable compensation commensurate with services actually performed and to be reimbursed for expenses properly incurred. Section 4.04 Ancillary Fiduciary In the event ancillary administration shall be required or desired and my domiciliary personal representative is unable or unwilling to act as an ancillary fiduciary, my domiciliary personal representative shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary personal representative may delegate to such ancillary fiduciary such powers granted to my original personal representative as my personal representative may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary personal representative. Article Five Tax Provisions Section 5.01 Death Taxes and Payment of Expenses The trustee of the trust referred to in this will is authorized to pay my funeral and burial expenses, claims against my estate, and expenses of estate administration. Accordingly, I direct my personal representative to consult with the trustee to determine the preferable source for payment of such amounts and which, if any, should be requested from the trust. I direct my personal representative to follow any instructions cont~~ined in the Matilda M. Luther Living Trust in making any tax election, including, but not limited to, the allocation of my GST Exemption. I direct that the taxes imposed by reason of my death upon property passing under and outside my will be apportioned and paid in the manner provided in the Matilda M. Luther Living Trust, and I incorporate: the tax apportionment provisions of the Matilda M. Luther Living Trust as part of my will. In no event shall any of such taxes be allocated to or paid from property which is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax charitable deductions. Page 4 of 9 Section 5.02 Tax and Administrative Elections My personal representative may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority specifically includes the power to select any alternate valuation date for death tax purposes and the power to determine whether any or all of the administration expenses of my estate are to be used as estate tax deductions or as income tax deductions, and no compensating adjustments need be made between income and principal as a result of such determinations unless my personal representative shall determine otherwise, in the discretion of my personal representative, or unless required by law. My personal representative shall not be liable to any beneficiary of my estate for tax consequences occasioned by reason of the exercise or non-exercisf; of any such elections or by reason of the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. Article Six General Provisions Section 6.01 Applicable Law The validity and construction of my will shall be determined by the laws of Pennsylvania. Section 6.02 Contest Provision If, after receiving a copy of this paragraph, any person shall in any manner, directly or indirectly, attempt to contest or oppose the validity of my will or my living trust, including any amendments thereto, or commences, continues or prosecutes any legal proceedings to set my will or living trust aside, then such person shall forfeit his or her share, cease to have any right or interest in my property, and shall for the purposes of my will be deemed to have predeceased me. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable deduction. Section 6.03 Construction Unless the context requires otherwise, words denoting the singul~~r may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender, if appropriate. Page 5 of 9 Section 6.04 Headings and Titles The headings and paragraph titles are for reference only. Section 6.05 Internal Revenue Code, IRC or Code References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal Revenue Code of the United States. References to specific sections of the Code shall be to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my will. Section 6.06 Other Definitions Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania Probate Code as amended after the date of my will and after my death. Section 6.07 Survivorship For purposes of this will, any beneficiary shall be deemed to have predeceased me if such beneficiary dies within 30 days after the date of my death. Section 6.08 Severability If any part of this instrument shall be adjudicated to be void or invalid, the remaining provisions not specifically so adjudicated shall remain in full force and effect. I, Matilda M. Lut er, having signed this Will in the presence of S~v-t~ A•'1Z~.:~S. and ! 'n who attested it at my request on this day, .4~~-~ 3 ~ , 2004 at Harrisburg, Pennsylvania, decl~~re this to be my Last Will and Testament. t~U~~ Matilda M. Luther, Testatrix Page 6 of 9 The above and foregoing Will of Matilda M. Luther was declared by Matilda M. Luther in our view and presence to be her Will and was signed and subscribed by the said Matilda M. Luther in our view and presence and at her request. and in the view and presence of Matilda M. Luther and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Matilda M. Luther on this day, .J~ ..~ s 3~ , 2004. /1-~- residing at ~~ ~; A.. r siding at ~~. ~~~ ~ ~R~~~ ~~ ~ c~ 7~ / 7~/~ 19 aFf~ rt ~t~-o oS-~ f~l '}~~ Page 7 of 9 PENNSYLVANIA SELF AUTHENTICATING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Matilda M. Luther, the testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expres$ed. Sworn to or affirmed and acknowledged before me by Matilda M. Luther, the testatrix, this day, ~ ~ ~-~+r 30 , 2004. ~~ Matilda M. Luther, Testatrix Notar Public COM NWEALTI-I OF PENNSYLVANIA Notarial Seal Am M. Mopa, Notary public Lower Paxton Twp., Da hin County MY mmission Expires Jan. 29 2068 Member, Pennsylvania Association of~Notar~s Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) We, 5 ~-~ ~ A .'2~-Y-ea~d ~~ i ~cny l .~ka?C~vn, 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 the testatrix sign and execute the instrument as her Last Will; that the testatrix signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the will as a witness; and. that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. G?' -- Witness Wit es ~' Not Public COM NWEALTH OF PENNSYLVANIA Notarial Seal Amy M. Moya, Notary Public Lower Paxton Twp., Daupphin Countyty My Commission Expires Ju-. 29, 206>i Member, Pennsylvania Association of Notaries Page 9 of 9