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HomeMy WebLinkAbout03-09-12PETITION 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 Informa ion Name: Dorothy A. Adomaitis File No: 21 - ~ ~ (,, ', C.t a/k/a: a/k/a: (Assigned by Register) a/k/a: Social Security No: 180-16-1377 Date of Death: 02/09/2012 Age at Death: 88 Decedent was domiciled at death in Cumberland County, PA _ (State) with his/her last principal residence at 909 Williams Grove Road, Mechanicsburg 17055 Upper Allen Township Street address, Post Office and Zip Code Cumberland City, Township or Borough County Decedent died at Manor Care, Carlisle 17015 Carlisle 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 $ !f not domiciled in Pennsylvania ................ Personal property in Pennsylvania $ 88,000.00 Ifnot domiciled in Pennsylvania ................ Personal property in County $ Value of real estate in Pennsylvania ................................................................... $ ~ 0.00 TOTAL ESTIMATED VALUE $ 88,000.00 Real estate in Pennsylvania situated at None (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code _ City, Township or Borough County ® A. 1etition for Probate and Grant of ptt T ctwmonr~ Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 08/18/2005 thereto dated and Codicil(s) 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(8), 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 Gran of ptt rc of Administration (If applicable) c. t. a., d.b.n., d.b.n.c.t.a., pedentelite, durante absentia. durante minoritafe If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above ~nd comol tP list f h irc, Except as follows: Decedent was not a party to 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 haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): ~. Form RW-02 rev. 10-1>-201 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2 Qath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s) Printed Name David N. Kurth Petitioner(s) Printed Address 909 Williams Grove Road Mechanicsburg, PA 17055 The Petiticner(s} above-named stivear(s) or affirm(s) the statements in foregoing Petition are true and c rr t to the best of the knowledge and . belief of Petitioner(s) and that, as Personal Representative(s) of th dent, ~Uo er s wil I `~~~~ administer the estate accordi to I Sworn to or affirmed and subscribed before ~- Date me this ~~ day of /~ ~ Cl _ ~ ~ _ i ' ~~•..p, yl n /, t ~ r~. ._~ Date By. ~11_:.iL-~-.-L~. t ~ 1T Date For the Register Date BOND Required? ~ YES ~ NO FEES: II Letters .......................................... $ _ ~ l~' . C~,~i ( `~ )Short Certificate(s)....,.... '~ ,"~ ~ ~~' ( )Renunciation(s) .............. ( )Codicil(s) ........................ ( )Affidavit(s) ...................... Bond ............................................ Commission ................................. Other ~l~l~ ~~~.~* Automation Fee ............................ °' j ~- JCS Fee ....................................... .~. > • ` j ~'' TOTAL ........................................ $ .~ t (~ - 'J C~ Firm Name: Bogar & Hipp Law Offices Address: One West Main Street Shiremanstown, PA 17011 Phone: (717) 737-8761 Fax: - E-mail: jbogar@bogarlaw.com DECREE OF THE REGISTER Date of Death: 02/09/2012 Social Security No: 180-16-1377 Estate of Dorothy A. Adomaitis a/k/a: File No: 21 -_ } ~ ~ C~j k B- satisfactory proof having been presented before me, IT IS DECREED that Letters , in consideration of the foregoing Petition, Testamentary are hereby granted to David N. Kurth in the above estate and (if applicable) that the instrument(s) dated 08/18/2005 described in the Petition be admitted to probate and filed of record as the last Will and Codicil ( )) of Decedentf ~% I . ~, Form RW-02 rev. ~oilv2o~i Register of Wills Copyright (c) 2011 form software only The L~ckner~iou,6, triC~ (~ ~ ~ ~' ~~~~ ~ ~ ~~ ~ ~ I~ ~ C~ `~- ~ ('age 2 of 2 To the Register of Wills: n~c~ nay a l"'Ci,~~r, - icia~~JseOntyt ~, ~• ~ ~ a t, v~Ef'S~ n~ below: Attorney Sign re: --t a,t' L Printed Name: James D. og r Supreme Court ID Number: 19475 Ir ;,e ;;Hr~ ~-1, _ _ ~.~~~;:AL REC~ISTRAR'c ~~~~~~~~~~~~~~ ~~ s"a~ r,~~~ IN~'~F~NWG: It ~s illegal to dupCiarat~'~E"1- /1:,¢r,~ t;y ;.~F1cY~a ,tit (l k- ~l~~c~{,. - . Fce Fv/r ths> t~ertif~ic,uc~ `,r I''+ '~~ ~ ~~~' ~!+ a~ ~~~ ~r . . - --- -- ` ~ u r~ ~. C'~;-Ilfu-~C~ul rll~l~ /Print In ~ COMMONWEALTH OF PENNSYLVANIA • DEPgpTMENT OF HGITH • VITAL RECORDS enl ~k'"k CERTIFICATE OF DEATH 1. Decedents Legal Name (First, Mlddk, Lart, Sufgxl S DOLOt}1 A. 1. Sex 3. Social Security Number Y Adanaitis Fanale 180 - 16 - 1 $a. Age-fart Birthday (Yrs) Sb. Under l Year Sc. Under 10 6. Dah of Birth (MO/Day/Yearl (Spell Monthl ) 1 lace,( Months DaYS Noun Minutes E I1' 11ddE 88 ea. Re.ld..,..fx...__"---'--- _. August 20, 1923 Th RI»I,.,r,._r. 909 Williams Grove Road ^Yei ~Np ^Unknown -~~~~_~~~~~-~~~~•~""rre ar rxam L ^ DWOrced ^ Never MaMed 2 aetedent Ilyed In Upper Allen twv eepeaent Ihud wlmm nmlta of dtv/born 1. Survhdng Spouse's Name (N wNe, give name prior to fin. i»...i.__r 19x I l ' _..._e_„.......,,,,~,~, uasr TjarbaZ'a Naaak . n orment sN me ()dVld KUrt}I 19~nektionshi to Decedent 19c Informant's Mailing Address(Street d N C - In -Law en umber, Ury, State, Eip COdel 909 Williams a o ................................................. 1 If peach Occurred Ina Hospital: ~~~~~sul nWHent 1 [ 1C5 l1Lg UD, ^ Emergenry Room/Ou[Wtient ^ OeW on Anw .. . .If Oea[h Oaumed Somewhere Other Thana HOSpmal: ~~~~~~ I~HOSpkeF~ 111 ac ry De l ~ tl ~~~~ ~~~~~~ "' a c ents Nome g Nunine Home/LOry-Term Care Fxiliry 15b. Fatlihy NSme (1/not lnstltrMpn ~ Other (Specify) e Ive street: dn b ^ , um er; 1110.v to 'r - c ~ ISC. CiI aTOwn, sate, and 2lP Cade ]sd ~ f ~ 1 . - ; S 6x. Method of Dlapwitlon . pnn ° Dean ;`Y- P hZ 1-76 I ~ 1 a ^ Bunal Cremation lBb. Date of pis ~ position ^ Removal from State 36c. Plxe of Oifposltbn (N f ^ ppn,tl anlr(sPttlryl ame o cemetery, crematory, or oMer place) 16tl Location of Dlsppsltlon (Dry or Tewn, State, and ZIPj 13 2012 1Ta S Rollin er CreEElatOr y Mt. Holly Sprin s PA 17 . of Fu Ice c r Person In Charge p(Inittmenf lTb. llcenxe Number g , 065 c 12c. NameaM Complete Address of Wnttal Faclliry Malpezzi Elul l ~ - 019889 era Home 8 Marke u lg.Decetlen['sEducation-fhecktheb th t Plaza Wa Mec icsb PA 17055 cx atbes[describesth ~° bteneat degreewleyeloPochod rompleted acme uml of s m e I9. Decedent of His m e kr p p ea ^ e[h grade or kss . bp, Mat beat tlapr a minem,h what ef w e tt meattetlem the ett eeent cPaett enlm~~fpr nerselim b I $ ^NOdlpbma, 9th~t2th grade e s panish/HlspanlUlatlno. Check [he'NO' WWhlte ~Hlgh uhoolgraduate or GEDCOmpleted ^Korean boa l/decedent is not5 p, panish/His Mc/latlno. ^BlxkorpMCan pmerlcan ^Vktnamese ~NO not S Same college crcdlt, but rw tle gree , panlshMlspanic/Latlno ^pmerlcan lndlan or Alaska Native ^pther pslan ^Yes Mezica M i ^ Auocla[e degree (e.g. M, As) , n, ex can pmerlcan, Chicano ^ pslan Irbian ^Yes ^ Native Hawallan Puerto Ri ^ Bachelors degree le.g. Bp, pB, BSI , can ^ Chinese ^ Guam ^Y i ^ Master's degree (e{. MA, M5, MErg, MEd, MSW, McAI an es, Cuban an pr Chamorro ^ F Ilplrso ^ Samoan ^Yes oth S ^ Dxtorate (e.g. ph0, EdD) or Professional degree , er panish/HiSpank/Latino ^lapanese ^ Other Paclfc Islander e.. MD OD$ DVM LLB 10 ISp«Ihl ^ Other ($peciry) 31. Decedent's Single Rxe Self-Designation -Check ONIY ONF to indicate what the decedent conzltl<red himself or herself to b ~Whlte __ 2 ' ^lapanese ^ Black or girlcan pme l e. ^$amoan za. Decedent s Usual Occu Wtlon-Intllcate type of wort r can ^ Korean ^ 4mertcan Intllan pr glaska N ti ^ Other Pa[IRC ISlantler tl°ne dudng most of working Ide. DO NOT USE RETIRED. a ve ^ ylltnameu ^ Asian Intllan ^ Don't Know/Not Sure PUT'CIlaSlnf A t ^ Other pslan ^ Chinese ^ Refused J gen ^ Na[Ne Hawallan ^FUiPm° ^oMer (Spttilyl z2b. Kind of Business/Industry ITE _ ^wamamanttcnamp.rp Manufacturing MB E3a-23d MUST BE COMPLETED BY PERSON WNO PRONOUNCES OR 13x. Date Pronounced Dead IMo Day rl z36. Signature of Person O CERTIFIES DEATH ^ ~ cY, CI ronoursp Death (Only when appllcablel I ~ 13c. License Number z3d. Dates ed (M /Day/yrl z9. Time o/Oeath _--_ _. "`~> may. ~ .~~ ' r~ r/ 2piz f> ' 7 5- r`/a' 1 S~ ZS. Was etlical Fxamineror Coroner fom ttetl2 ^ Yes ^ No 1b D SE OF DEATH A C I . i e an I. Enter the chain of t --dHea:<s, blpnea, pr cpmplkxlpna-t ha APProximate N :used the death DO N respiratory arrcs[, or vermicular Rbdllatlon without showin . i OT enter term Hal events such as cartliac arrest Interval: [he e - I g do ogy. DO NOT ABBREVIgTE E . nter only one cause online. Add addrtlonal lines if necessary Onu[to Death IMMEDIATE GUSE ---------_.-> ,. (~f-c]-e. Fi l J --'~ ~ ~ ` (~ ` ( ~ 'GC ` ( na disease or contlltbn resulting In death) ' Due to (or a saconsequence oil: -- --_-_~ b Se9uentlally Ilat condhlons, D If any, leading [o Ne cause ue tp (or as a tonaepuence o/l: -- . I"sled on Ilne a. Enter the c ~ _ UNDERLYING GUSF ~ u Idlsease or lnlury hat pue [o (or as a consepuenc e°r1 -- ~ F 'nit aced Me even resulting d. in tleathl lASt V . pue to (or :saw - nse9uence o/l. 16. Part IL Enter other skndicant diG [ Ibu ^ t `- th b ut not resul[in g in the underlVinB cause Blven In Pan I 2T W i . as an auto vac verkrmeaP ^ Yn ^ No m zA. Were autoPry fndings avalla n 19. If Female: ° plate the cause of deaf to c c ^ Not weenant within past year 30. qd tobacco Use Contribute to peathl 31. Manner of Death ^ Ves ^ ryp ^ P.egnant at time of deaM ^ Ves ^ Probably " :coral ^ Homldde ^ Notpregnant, but pregnant within nl days of death ~ R ^ Unknown ^ pccldent ^ pendlssg Investigation ^ Not pregnant, bsst pregnant 93 dari [p 1 year before death 32 Da[c of In u (M I ^ Sulfide ^ Could not be de[emnined ^ Unknown 1/ pregnant within the past year . ry a/DaY/Yrl (Spell Monthl ma mlpn uctumee: O Yes ^ pafsen/ e~ra[or I] P<deslrlan NO ^ e ^ other (spedryl is Certifier lChttk only one): ~'t.ertlNinl OhVSician - To the best of my mowletlge, death occurred due [o the cause(s) and manner stated ^ Ororounttng 6 Certdyiry physldan ~ To Me best of my krwwledge, tleaM occurred at the time, date, and place, and due t° the cause(s) and manner Hated ^ MetllcH Examiner/Coroner ~ O e basis of euminatlan, and/w inves[igatlon, In mY opinion, death occurred at the time, date, antl Dlace, and due t° Me causelsl and manner stated Signature of certlRer: Z~ iltle of rertiper ro. N,me pemeff and zip rspn c ~ - ~~ Liam! Npmbtt: ~~(O-FL S - ~ ~ II ompemng car,se p/DOth Otem zsl 39c2a asiQed °Zay/rl - t Registrar i dstrlct Nvmber e r 91. Reglstar S gna[ure / r~ 1 ~ + ~ - a1. Registrar Flle Dah (MO Day rl . Ame~amints + c :,~ f j Cj {r C~ G7 i ~ ~ t ~-1 / l ~~ W ,... - i O ~ ~ ^{ ` 7 G~ ~n ~ L~ _ Disposition Permit No. 0729324 HI05-193 - - - - _ REV DT/1p11 c':~ LAST WILL AND TESTAMENT :~~, -.~, ~ ~ ~_~ y.µ ,. ~ ` ~ =' ~,~~ . . ::7 ~ ~ T DOROTHY A . ADOMAI T I S ;-~ ,~ :.~ _n - - r c. ~ - _ ~,=; c,.. '~ I, DOROTHY A. ADOMAITIS, of Mechanicsburg, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shax-es, to my grandchildren, CHRISTOPHER D. KURTH, MICHAEL D. KURTH, and DONNA L. KEARNEY, provided that should any of my grandchildlren predecease me, I give and bequeath such grandchild's share unto his or hear issue per' stirpes by representation, and if there be a failure o:f same, then to my surviving grandchildren. SECOND: Should any of my great-grandchildren not have t attained t=he age of eighteen (18) years at the time for dis- tribution to him or her, I give, devise and bequeath the share of each such great-grandchild to my hereinafter named Trustee or Trt,1ctePS IT; SEPTPA'rR m rTnT^ +--. i_ ~ n-~.~~.u iR.JJ i..7, ~v ~lOiu, Illallcdge, 1nV2St and rein- vest the shares so received, and to use and apply from time to time such portion of income and principal for the said great=- grandchild.'s education (including college, trade school or other similar training or education), support and welfare as my Tx-ustee or Trustees, in their- sole discretion, deem advisable. My -~ Trustee or Trustees may make the payments for the support and maintenance of my great-grandchildren directly to said grand'.chil- dren or to their Guardian or Guardians. Any payments made by my Trustee or Trustees pursuant hereto shall be made without further responsibility to the said grandchildren, their Guardian or Guardians, or to any person taking care of my grandchildren. The Trustee or Trustees, in exercising their discretionary authority with respect to the payment of income or principal of the within Trust to my grandchildren, shall take into consideration any income or other resources available to my grandchildren from sources outside this Trust. In addition, my hereinafter named Trustee or Trustees shall have the right, in their sole dscre- tion, to purchase and pay for out of the principal, as we1:1 as income, ~;uch insurance policies as will provide for the grand- child's medical care. Any income or principal not so applied shall be dis- tributed to each great-grandchild when he or she attains tYie age of eighteen (18) years. In the event any of my great- grandchildren die prior to the termination of this Trust established herein for their benefit, the interest of said great- grandchild in said Trust shall cease with any income and principal being divided evenly between or among that deceased great-grandchild's brothers or sisters or the separate Trusts established hereunder for their benefit and, in the absence of any brothers or sisters, or any Trust established hereunder for their benefit, to my other great-grandchildren, or the Trusts ~' established hereunder for their benefit, in equal shares. THIRD: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- _~ ty, exercisable without court approval and effective until actual ~:; distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or ersonal P property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give 2 legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any princip7_e of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- aries in crash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect: or improve any property held under my will, and f_or investment. purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) t.o the extent the plan or the law permits them to do so, and to exercise any other :rights which they may have under the plan, in whatever manner they consider advisable. 3 i FOURTH: I nominate and appoint my son-in-law, DAVID N. KURTH, as Trustee of the hereinabove described Trusts. In the event of the death, resignation or inability to serve for any reason whatsoever of the said DAVID N. KURTH, I nominate a:nd appoint, my granddaughter, DONNA L. KEARNEY, as Trustee of the hereinabove described Trusts. In the event of the death, :resig- nation or- inability to serve for any reason whatsoever of the said DONNA L. KEARNEY, I nominate and appoint, my grandson,, CHRISTOPHER D. KURTH, as Trustee of the hereinabove descrik~ed Trusts. In the event of the death, resignation or inability to serve for' any reason whatsoever of the said CHRISTOPHER D. KURTH, I nominate and appoint, my grandson, MICHAEL D. KURTH, as 'T'rustee of the hereinabove described Trusts. I direct that my Trustee or Trustees shall serve without bond and shall receive fair anal reasonable compensation. FIFTH: I direct that all inheritance, estate, trans- fer, succa_ssion and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to propert=y passing under this Will, shall be paid out of t:he principal of my residuary estate. SIXTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. \ SEVENTH: I: nominate and appoint my son-in-law, DAVID ~_ .. N. KURTH, :Executor of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said DAVID N. KURTH, I nominate and appoint my grandson, CHRISTOPHER D. KURTH, Executor of this, my 4 Last Will and Testament. I direct that my Executor or Executors, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this f~' day of ;- „~, ~ ( SEAL ) DOROTHY ADOMAITIS Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence ~of each other, have hereunto subscribed our names as attesting witnesses. Address Address 5 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND CO~Ty pENNSYLVANIA ~ c ...: ` ? _~ ~ -- `~ r- Estate of DOROTHY A. ADOMAITIS _, Deceased James D_I3ogar and Beth B. Lengel (Print Name~sJ , (each) a subscribing witness to the ~ Will 0 Codicil(s) presented herewith, (each) bein dul g y qualified according to law, depose(s) and say(s) that she / he /they was !were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. '~ , ,~ _.._ ~/ t '' ~~,5~~ t ~ ,;, ~ (Signature) James D z' -- ~ ''~~~ ~ (Signature) ~'~ Beth B. Len eI One West Main Street (stree:Aadress~ ----- One West Main Street (StreetAddressJ ~-- Shiremanstown, PA 17011 (City, State, ZipJ Executed in Registerr's Office Sworn to or affirmed. and subscribed before me this __ day of Deputy for Register of Wills Shiremanstown, PA 1701 1 (City, State, Zrp) Executed out of Register's Office Sworn to or affirmed and subscribed before me this 5 ~ day of ~~~ Notary My Co (Signature administer NOTE: To be taken by Officez authorized to administer oaths. Please have present the original or co py of instrument(s) at time of notarization. ~~~ ~~~~ aai fission Expires: L.. Seal of Notary or other official qualified to s. Show date of expiration of Notary's Commission.) Form RW-03 rev. 10.13.06