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HomeMy WebLinkAbout03-22-12 (3)IN RE: ESTATE OF CARL R. MEREDITH, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION `~_ ^~ ~,? ESTATE NO. 2010-006I~ ~~Y `" > m w .~ ci»; ~. DISCLAIMER OF INTERESTS PURSUANT ?~=' '' ~-'~ _ ~-__:', _.; =ri Lca _ rn TO 20 Pa C.S. §6201 et seq. ~.n---, ~,., ~--, LOURENE D. MEREDITH, surviving wife of CARL A. MEREDITH, Deceased hereby states as follows: 1. Carl A. Meredith (hereinafter called "Decedent") died on June 9, 2010, leaving a Last Will and Testament dated February 1, 2006, which was duly admitted to probate by the Register of Wills of Cumberland County, Pennsylvania. A true copy of said Will is attached hereto marked I"Exhibit A". 2. At the time of Decedent's death, I, Lourene D. Meredith, was married to Decedent, said marriage having occurred on September 29, 2007. 3. Decedent's Will aforesaid was executed prior to our marriage, thereby implementing the provisions of 20 Pa. C.S. §2507(3) which is quoted as follows: "(3) Marriage - If the testator marries after making a Will, the surviving spouse shall receive the share of the estate to which he would have been entitled had the testator died intestate, unless the Will shall give him a greater share or unless it appears from the Will that the Will was made in contemplation of marriage to the surviving spouse". 4. The Will contains no provisions to benefit Lourene D. Meredith and the Will contains no indication that it was made in contemplation of marriage to Lourene D. Meredith. Therefore, I, Lourene D. Meredith, would be entitled to the share of a surviving spouse under the intestate law, LAW OFFICES SNELBAKER & to wit: 20 Pa. C.S. §2102. BRENNEMAN, P.C. 5. The Decedent was survived by four children (issue) to wit: Tonya L. Meredith Motter, vlichael A. Meredith, Jody A. Wheeler and Steven M. Meredith, none of whom are issue of D. Meredith. Therefore, the provisions of 20 Pa. C.S. §2102(4) are applicable which are quoted as Mows: "The intestate share of a decedent's surviving spouse is: (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate (emphasis added)". 6. 20 Pa. C.S. §3121 provides that if a decedent is survived by a spouse who shares the same as the decedent, such spouse is entitled to the family exemption in the amount of ,500.00. Decedent and I shared the same household at the time of Decedent's death. Therefore, I, Lourene D. Meredith, would be entitled to the family exemption of $3,500.00. 7. I, Lourene D. Meredith, hereby irrevocably and unconditionally disclaim all my interests in 's estate, to wit: one-half of the Decedent's estate and the family exemption of 3,500.00. 8. I, Lourene D. Meredith, intend to deliver this disclaimer to the Executors under the Will of arl R. Meredith and, if necessary, to file it with the Clerk of the Orphans' Court Division of the ourt of Common Pleas of Cumberland County, Pennsylvania, pursuant to 20 Pa. C.S. §6204. IN WITNESS WHEREOF, the undersigned has signed this document this 29t~' day of March, 011, intending thereby to legally bind herself, her heirs and assigns. ,ter-sJ'u ~ l_~~___-~~8t~o- Lourene D. Meredith LAW OFFICES SNELBAKER SC BRENNEMAN, F.C. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. On this the 29`" day of March, 2011, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared LOURENE D. MEREDITH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ~~~~ Notary Public Cp~pNWEAL~'H OF PENNSYLVANIA Notarial Seal Sandra K Stglwers, Notary P~lic erg Bono, Cumberiard C,ourrlY apy ~rnssion Expr~ Nov. 22, 2011 ku.r i?Pn~s,•s~,•"?>,ta ~=:„-,w-i;~pgn~ (~ NgtariEf LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. LAST WILL AND TESTAMENT I, CARL A. MEREDITH, of the Township of South Middleton, County of Cumberland, Commonwealth of Pelu~sylvania, being of sound and disposing mind, memory and standing, do make, publish and declare this as and for my Last Will and Testament, hereby Icing aa~d making void all'forlner wills and codicils 1?y me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my ecutors, Executor or Executrix, as the case may be, hereinafter nanled, as soon as conveniently be done after my decease. SECOND. 1 give, devise and bequeath alI the rest, residue and remainder of my Estate, personal and mixed, whatsoever and wheresoever situated, in equal shares unto my four ldren, namely, TONYA L. MEREDITH MOTTER, MICHAEL A. MEREDITH, JODY A . and STEVEN M. MEREDITH, share and share alike, absolutely and in fee simple If any of my said children should predecease nle and leave lawful issue to survive him, or them, I order and direct that the foregoing share attributable to any such deceased child shall be distributed unto his, her or their lawful issue per stirpes by representation and not per capita. LASTLY. I nominate, constitute and appoint my two children, namely, JODY A. WHEELER and STEVEN M. MEREDITH, to be the Executor of this my Last Will and Testament, to serve ti~~ithout bond or other security as a condition of qualification heretulder. If either of said persons should fail to qualify as my personal representative or cease so to serve. 1 order and direct that the person so qualifying or remaining shall serve as sole Executor or Executrix, as the case may be. IN WITNESS WHEREOF, I, CARL A. MEREDITH, have hereunto set my hand and LAW OFFICES SNELBAKER & 3ENNEMAN, P.C. seal tC tilts my Last `vTlli alld T`:'StaliieIlt, Lvlliill CCrISIStS Cf tW~l (7j t3'p e:~rTltt£dl pages tG eacl-I of which I have affixed my signatl.>re this 15~day of February, A.D., Two Thousand Six (2006). _ !~ (SEAL) CARL A. MEREDITH EXH,~BI'~ A me preceatng instrument, consisting or tms anu une utiiei rypcwiiucii t,a~~, ca~:ii Lentified by the signature of the Testator, was on the date thereof signed, sealed, published and °clared by CARL A. MEREDITH, the Testator therein named, as and for his Last Will and estament, in the presence of us, who, at his request, in his presence and in the presence of each Cher, have subscribed our names as witnesse reto. MMONViTEALTH OF PENNSYLVANIA} OF CUMBERLAND SS. We, CARL, A. MEREDITH, 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 si~nied willingly, and that he executed it as his fi-ee and voluntary act for the purposes thereil~ expo°essed, and that each of the wi~tnesseS, 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 tiii~e eighteen years of age or older, of sound mind and under no constraint or undue influence. T stator ~~~rtness `~Ti, css Subscribed, sworn to and acknowledged before me by CARL A. MEREDITH, the Testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANE J. GOONEY, the witnesses, this j ~ t day of February, 2006. COM1vI0NWEALI`H OF PENNSYLVANt ~ Notarial Seal _AW OFFICES Susan L. Matrazi, Notary Public _ sss"` NELBAKER & Mechanicsburg Born, Cumberland County Notary Public ~ :NNEMAN, P.C. My Commission Expires Nov. 24, 2007 Member, Pennsylvania Association Of Notaries -2- EXHIBIT A,