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HomeMy WebLinkAbout02-09-12In Re: Restatement and Amendment of Funded and Revocable Trust of May 30, 1996 of Charlotte M. Conley, Deceased, Late of Lower Allen Township, Cumberland County, Pennsylvania, and the last Restatement and Amendment thereof having taken place on September 21, 2000. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.21-11-0820 ORPHANS' COURT DIVISION / REGISTER OF WILLS DISCLAIMER IN ACCORDANCE WITH 20 Pa. C.S.A. § 6201 ~_ ~ r ~ rn ~ r,,^; « ~ A y~~ W ~~ ~ a ~ c ~ ~ ~, r- ~; c~ 1. Charlotte M. Conley, departed this earthly life on July 12, 2011, at the Holy Spirit Hospital, in East Pennsboro Township, Cumberland County, Pennsylvania. Decedent resided at Bethany Village in Lower Allen Township, Cumberland County, Pennsylvania and had a mailing address at the time of 5225 Wilson Lane, AL206, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Decedent was never married and was survived by a brother and a sister. The brother is Earl Conley, currently of 5225 Wilson Lane, Apartment 4106, Mechanicsburg, PA 17055-6670. The sister, Virginia L. Raudabaugh, who makes this instant Disclaimer, has a current address of 28 Nottingham Drive, Mechanicsburg, PA 17050. 3. Decedent's probate estate was minimal and consisted of various assets having a total value of approximately Five Thousand Four Hundred and No/100ths ($5,400.00) Dollars. 4. Decedent's estate also consisted of significant non-probate assets. More specifically these assets consisted of various stocks, bonds, mutual funds, and money market funds held in the above-referenced and captioned Funded Revocable Trust Agreement. The date of death value of these assets was approximately Nine Hundred Four Thousand and No/100ths ($904,000.00) Dollars. 5. The combined probate and non-probate estate is subject to the payment of inheritance taxes, costs, fees, expenses and debts. The said estate is well more than sufficient to bear the payment of the same with no danger of insolvency. 6. The said Virginia L. Raudabaugh, sister of decedent, is not indigent, necessitous nor impoverished and has sufficient means and property of her own to comfortably maintain herself in the style to which she is accustomed. ~6Lw- 7. Letters Testamentary were duly and properly granted to PNC BANK, N.A. by the Register of Wills in and for Cumberland County on the 25~` day of July 2011. 8. Under the terms of decedent's duly probated Last Will and Testament dated the 21~` day of September 2000 (true and correct copy of which is attached hereto and made a part hereof), most particularly in Item THIRD of the said Will, decedent gives, devises, and bequeaths all the rest, residue and remainder of her estate, real, personal, and mixed, whatsoever and wheresoever situate to the said PNC Bank, N.A. as her duly appointed Trustee under the aforesaid Funded Revocable Trust Agreement of May 30, 1996 and the last Restatement and Amendment thereto of September 21, 2000. Said probate estate is to be added to the principal held in said Trust. 9. ITEM SECOND (B) 6.) b.) of said Funded Revocable Trust Agreement of May 30, 1996 and the last Restatement and Amendment thereto of September 21, 2000 (a true and correct copy of the said Trust is attached hereto and made a part hereof) provides that one-half (~fz) of the residuary portion of said Trust is to go to the said Virginia L. Raudabaugh. It further provides that in the event she had predeceased her sister, the decedent herein, then Virginia L. Raudabaugh's share was to be equally divided and distributed amongst her three (3) children, to wit: Melvin Raudabaugh, Richard (Rick) Raudabaugh, and Stephanie Schwartz, now by more recent marriage known as Stephanie Madden. 10. The afore-named three (3) children have all survived both the said decedent and their said mother, Virginia L. Raudabaugh, and continue to so survive as of this date. 11. All of the afore-named three (3) children are compos mentis individuals in excess of twenty-one (21) years of age. 12. Virginia L. Raudabaugh, has accepted no benefits from the aforesaid one-half (lfi) residuary interest, has exercised no dominion over the same, and, in the event there have been or are any automatic credits made to her benefit in said Trust account, she has or shall disgorge all of the same back into the said Trust from whence they came, to the favor of her said three (3) children. 13. Virginia L. Raudabaugh, in her capacity as decedent's surviving sister, and in her capacity as a residuary beneficiary, provided for in decedent's aforesaid residuary disposition in her aforesaid Trust, desires to disclaim any and all of the above referred to residuary share. The operation of this disclaimer will deem her to be legally dead for the purposes of the distribution provided for in the said residuary portion of the said Trust and will result in the distribution of the balance of the same remaining after the payment of all death taxes, costs, fees, expenses and debts, as well as specific bequests unto her said three (3) children, the said alternate beneficiaries of the said Trust. NOW THEREFORE, intending to be legally bound hereby, I, Virginia L. Raudabaugh, the surviving sister and residuary beneficiary as above set forth more fully at large, do hereby disclaim any and all interest in and to the aforesaid one-half (~fi) interest as such residuary beneficiary and any fruits 2 thereof, to which I would otherwise have been entitled under the laws of the Commonwealth of Pennsylvania. I have hereunto set my hand and seal this "Z "~ day of ~=ti~.aa. , 2012. ~` a ,~ Witness ~ L. R UDABAUGH Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the 2"=~ day of /`~u~+, , 2012, before me, the undersigned officer, personally appeared VIRGINIA L. RAUDABAGH, who being duly sworn according to law, deposes and says that the foregoing Disclaimer is her act and deed and that she desires the same to be recorded as such. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year aforesaid. ~.~ Notary Publi My commission expires: (SEAL) COMMCNW~AL~"M ~~` PENNSYLVANIA Notarial Seal Roger F3, Irwin, Notary Public Carlisle Boro, Curnbertand County My Commission Expiees Oct. 3, 2012 Member, PennsYluania Association of Notaries 3