HomeMy WebLinkAbout04-03-12IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
. ~~ ~~
ESTATE OF SHIRLEY A. SANDERSON
PETITION UNDER SECTION 3102 OF THE PROBATE,
ESTATES AND FIDUCIARIES CODE FOR
SETTLEMENT OF SMALL ESTATE
TO THE HONORABLE JUDGES OF SAID COURT:
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Stephen E. Sanderson, your petitioner, files this, his Petition for Settlement of a Small Estate
under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code and in support
thereof avers that:
Your petitioner, Stephen E. Sanderson, is a competent adult residing at 266 Chestnut
Street, Cross Fork, PA 17729, Potter County, Pennsylvania, and is the widower of the above
decedent.
2. Shirley A. Sanderson, wife of the petitioner, died testate on September 22, 2011 at
the age of 67 years, but prior thereto lived and was domiciled with at 16 Park Street, Mt. Holly
Springs, Cumberland County, Pennsylvania. She died with a will but no letters testamentary have
been issued. A true and correct copy of the Will is attached hereto as Exhibit "A".
Shirley A. Sanderson had no probate estate when she died other than bank accounts
with M & T Bank totaling $7,352.44. All other assets were owned as tenants by entireties with
petitioner or were able to be transferred outside of the jurisdiction of the Court.
4. By virtue of the language of the Last Will and Testament, the sole heir and his
relationship to the decedent is Stephen E. Sanderson, the surviving spouse of the decedent, whose
residual share in the estate has vested in him due to the fact that he has survived the decedent by
more than thirty days.
5. Your petitioner made payments on behalf of the decedent's estate in the amount of
$3,120.28, including payment to the funeral home for death certificates (all other burial and funeral
services were pre-paid during the lifetime of the decedent) from his own separate funds, which
would be reimbursed as part of the distribution requested herein.
Your petitioner avers that there are no outstanding creditors of the decedent and no
claims unpaid known to your petitioner.
WHEREFORE, your petitioner prays that an order be made authorizing distribution of the
sum of $7,352.44 to Stephen E. Sanderson pursuant to Section 3102 of the Probate, Estates and
Fiduciaries Code, along with any additional relief this Honorable Court may deem appropriate and
lust.
Respectfully submitted,
WOLF & WOLF, Attorneys at Law
,~~,
Dated: Apri13, 2012 By: ~~
Nath ~. Wolf, Esquire
10 West High Street
Carlisle, PA 17013
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for Petitioner
LAST WILL AND TESTAMENT
OF
SHIRLEY A. SANDERSON
1, SHIRLEY A. SANDERSON, having my legal residence at 16 Park Street, Mount Holly
Springs, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament,
revoking all other Wills and Codicils heretofore made by me.
ARTICLE ONE
1 declare that I am married to STEPHEN E. SANDERSON (my "spouse'').
ARTICLE TWO
I have three children whose names and birth dates are as follows:
NAMES BIRTH DATES
LANCE E. CORNMAN February 24, 1964
LISA A. CORNMAN July 14, 1965
LYNETTE K. CORNMAN October 12, 1968
Any references in this document to my descendants are to these children and their
descendants.
ARTICLE THREE
I direct the payment from my estate of the expenses of my last illness and funeral as soon
after my death as conveniently may be done.
ARTICLE FOUR
I intend to leave a memorandum which will direct the distribution of certain items of
tangible personal property, and I request that my wishes as set forth in said memorandwn be
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followed. to the extent that my tangible personal property is not disposed of by memorandum. I
gi~~e all of the tangible personal property that I own at my death, including any household furniture
and furnishings, automobiles, books, pictures, jewelry, art objects. hobby equipment and
collections, wearing apparel, and other articles of personal and household use, equipment and
ornament, and all insurance thereon to my spouse, provided he survives me by thirty (30) days. If
my spouse fails to survive me by thirty (30) days, all such items shall pass with the residue of my
estate.
ARTICLE FIVE
I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate to my spouse, STEPHEN E. SANDERSON, provided he survives me by thirty (30) days.
If my spouse fails to survive me by thirty (30) days, I give the rest, residue and remainder of my
estate, in equal shares, to my children, LANCE E. CORNMAN, LISA A. CORNMAN and
L~~ETTE K. CORNMAN, provided they survive me by thirty (30) days. If any of my children
fails to survive me by thirty (30) days, his or her share shall be distributed to his or her
descendants, per stirpes.
ARTICLE SIX
If any portion of my estate is distributable to a beneficiary who is then under the age oI~ 2~
years, my Executor may distribute that beneficiary's share, without further responsibility, either
directly to that beneliciary, to a qualified individual or trust company designated by my Executor as
custodian for that beneficiary under an applicable IJnifonn Transfers to Minors Act or similar law.
or to the individual having personal custody of that beneficiary (whether or not court-appointed).
and the receipt of the distributee shall discharge my Executor.
ARTICLE SEVEN
If at anv time there is no beneficiary entitled to receive all or any part of my estate under
the preceding Articles, all of the remaining portion of my estate shall then be distributed one-half
to those persons who would be my heirs at law and one-half to those persons who would be my
spouse's heirs at law had my spouse and I died intestate with each of us owning one-half of our
estate.
ARTICLE EIGHT
No beneficiary or remainderman under this Will or any codicil hereto or any mist created
hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or
any trust created hereunder in any manner, nor shall any interest of any beneficiary or
remainderman be subject to claims of his or her creditors or liable to attachment. execution or other
process of law.
ARTICLE NINE
Should the payment of expenses, claims and taxes from any Qualified Retirement Pla~~ or
Individual Retirement Account (`IRA") assets which comprise my estate cause my estate to be
disdualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent
practicable, no expenses, claims and taxes shall be paid from such Quali~tied Retirement Plan or
IR1~ assets.
ARTICLE TEN
I appoint my spouse. STEPHEN E. SANDERSON, as Executor of nw Will. If he is unable
or ~_inwillin~~ to serve, I appoint my brother. JAMES YEMZOW, as Execumr or nay Will. If he 'is
unable or umvilling to serve, I appoint my daughter, LISA A. CORNMAN, as E~:ecutor of my Will.
I give to my Executor, in addition to and not in limitation of the powers given by law or bti~ other
provisions oI~ this Will, the following powers with respect to settlement of my estate to be exercised
from tune to time in the discretion of my Executor, without further order or license of the Register
of'vVills or of any court:
1. ~I~o retain any property, pending distribution hereunder, to invest in or purchase any
property without restriction to legal investments for fiduciaries, to distribute property in kind, to
compronse claims, and to sell any property at public or private sale;
2. To borrow money from any person including any fiduciary acting hereunder, and to
mortgage or pledge any real or personal property;
3. To engage in litigation and compromise, arbitrate or abandon claims;
4. To make distributions in cash, or in kind at current values, or partly in each,
allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to
make reasonable determinations of current values;
5. To make elections, decisions, concessions and settlements in connection with all
income, estate, inheritance, gift or other tax returns and the payment of such taxes. without
obligation to adjust the distributive share of income or principal of any person affected thereby;
6. To invest and reinvest in every kind of property and investment ti~-Mich persons of
prudence. discretion and intelligence acquire for their own accounts;
7. I~o manage, control, repair and improve all real property;
3. 7~o procure and carry at the expense of the estate insurance of the kinds, forms and
amounts deemed advisable by the Executor to protect the Executor and the estate against anv
hazard;
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9. ~l o pay all taxes, assessments, fees of the Executor and all other- expenses inci_~rred
in the collection. care, administration and protection ofthe estate;
10. "I~o exercise such powers, herein conferred, after the tenllination of the trust estate
until final distribution of the estate assets; and
l 1. To do all the acts, to take all the proceedings, and to exercise all the rights, polvers
and privileges which an absolute owner of the property would have, subject always to the dischar~~e
of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the
general or implied powers of the Executor; the Executor shall have all additional powers that may
now or hereafter be conferred on them by law or that may be necessary to enable the Executor to
administer the estate in accordance with the provisions of this Will, subject to any limitations
specified in this Will.
No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary
hereunder shall have any liability for any mistake or et-ror of judgment made in good faith.
My Executor shall receive reasonable compensation for services performed as deterlnincd
by the court in which this Will is admitted to probate.
ARTICLE ELEVEN
l realize that Executors are given discretion by law to make various elegy„bons ~~-hich affect
the income and estate taxes payable by estates and beneficiaries, as well as th~° relative shams of
beneficiaries. such as taking administration expenses as deductions for either e~sate or income tax
purposes. selectin~~ options for the payment of employee death benefits. electi~~~~ to take a qua'~ifi~d
terminable interest as part of the marital deduction. selecting alternate valuatior~_ dates. postponin~,t
the payment of taxes. tiling joint income tax or gift tax returns and redeemin~~ corporate stock. "l~h~
decisions made b~ my fiduciaries in any of these matters shall be binding upon, and not subject to
q~_iestion by, any affected persons. I rely upon my fiduciaries to take into consideration the total
income and estate taxes payable by reason of their decisions including tho~~e payable b~~ nr,
survivors, and they are authorized in their discretion, but not required. to make acjustments bet~.~°een
income and principal as a result thereof.
ARTICLF. TWELVE
I direct that all estate, inheritance and other taxes in the nature thereof, together with am
interest and penalties thereon, becoming payable because of my death with respect to the property
constitutin~~ my gross estate for death tax purposes, whether or not such propert~~ passes under this
~~'ill, shall be paid from the principal of my residuary estate, and no person receiving or having a
beneficial interest in any such property, whether under this Will or otherwise. shall at any time be
required to contribute to or refiuld any part thereof; provided, however, that this direction shall not
apply to the taxes on any property included in my estate solely because of a powez~ of
appointment ihereover which I possess but have not exercised or on and- qualified terminable
interest or to anti generation-skipping transfer taxes.
ARTICLE THIRTEEN
h~ the event that my spouse and I die simultaneously, or that the order o~ ~~ur deaths is
uncertain, m~~ spouse shall be deemed to hati~e predeceased me.
[SIGNATURI APPEARS ON FOELO`~'1NG PAGI;~
f
IN ~~ I hNI~SS WIIEREOF, I have at ` ~ ~-,__ , Pennsylvania. .his day. ~>
;t ~ ~. ~ ~ ?006, set n1~~ hand and seal to this Will, consisting of seven (?) ,~a~~es.
SHIRLLY A. ~ANDERSOI~
SIGNED, SF,ALED, PUBLISHED and DECLARED by SHIRLEY A. SA1~IDERSON, the
above named Testatrix, as and for her Last Will and Testament, in the presence of us, who; at her
request and in her presence, and in the presence of each other, have hereunto subscribed our nines
as ~~witnesses.
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,~1CKN0~~'LEDGEi~IIN f
CO'vIM(~N~~'E.~L I I I OF PENNSYI,VANI;~
SS:
~'()~ `N"l Y C)( DAUPHIN
~~'e. SI-IIRLEY A. SANDERSON, i ;; ., ~_~ anil
. "hestatrix and witnesses, respectively, ~t~hose names are si~~ned tc~ thL
attached and Foregoing instrument, being first dul}~ sworn.. do hereby declare to the undersi~7ned
authority that the Testatrix signed and executed the instrument as her last v, it ~ and that she had
signed willingly, and that she executed it as her free and voluntary act for the purpose therein
expressed, and that each of the witnesses, in the presence and hearing of the ~I~~~statrix, signed the
Wi~1 as witnesses and that to the best of his/her I:nowledge the Testatrix was at that time eighteen
years of age or older, of sound mind and under no constraint or undue influence.
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`~''ESTATRIX
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WITNESS "'
WITNESS
~~CICNO~~'LEDGEVIENT
(~tj~IMO~`~'i::~Ul'II OF P1N\SYI,VANIA
SS
C~~ )U?~T`f OI-~ D.~UPH1N
On this, ~ before me a notary public, the ~indersigned of]icer_
pc;rsonally appeared EDWARD P. SEEBER, Supreme Court Identification Nun~_ber 76084, hnol~~~
to me (or satisfactorily proven) to be a member of the bar of the hit~h~~st court of said
Commonwealth in which execution of the Will took place and certified that i1e ~~~as personally
present ~i~hen the foregoing acknowledgement and affidavit were signed by the Testatrix and
~~~itnesses.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
,~
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NOTARY PUBLIC
~:<~i~r~lc~~r~~~r..v;rt1 oF~ P}~.N~s~~~.~~.~~~>.~~
CO~'Nl'~' C)1
~Trc~~
Stephen }~:. Sanderson, being duly sworn according to la~~, deposes and saes hat the facts
contained in the foregoing Petition arc true and correct to the best of his/her knowledge,
information and belief. ,~
:,
Sw~>rn to and subscribed
13etorc me this ~3 day of ~Cl~ _, 2012
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.~J'ta Pu >
Notarial Seal ____
Terry W, Gerhart, Notary f~ublfc
Eulaiia Twp., Potter County
'~ My Commission Expiros Jan, 13, 2014
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(coo inetructinnc and examoles on reverse) ~r.rr_ ~„ ~ ~,~ ~r,,a
fll 2- Sex 3. Soeiel Secudty Number 4 Date el Death I onth, tlay, year'
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t-Name e-Decedent'First, middle, last s
_~r~ 1 RL~~ ~ S(1ND~-I~SON ~ 207_ 34 _ 7225 (;~I Z 2 2 ~' ! )
Age (LZSI Bidhdey?
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6. Date of Bldh (MOnlh, tla ea 7. Binh lace C antl stale or fore n aunt
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8a. Place of Death Cneck onl °
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. Mortns Oays Hour Mlnutas Hospital: Oth
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H Bu Cty Bor T Bd. Fae'lity Name (If not Inst'Wt on g've street and number) 9. Wes Dacetlant of H' p O Igln' ~ Ne ^ Yes 1C R A e ma Indan, Black. Whde, etc.
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Bb. County of Deat (If y oedfy Cub ISP rM1d
Cumberland So. Middleton Carlisle Re Tonal Med MeC P0P"°R White
11. Decedent's Usual Ocrv anon (Kintl el wWk done dur n mas' Of workn IHe. De not stale retired 12. Was Decetlenl ever n the 13- Decedents Edueallon (Speedy only highest grade compleletl) 14 Mom I S t '. M toed. N M «iad, 15- 3arvrving Spou Ilf 'te. give mn den name;
Wldo ed D cad (Sa rf, "
Kind o' Work Kind of Business/ Industry U.S. Armed Forces? 1
yI Elementary Secondary (0-12) College (1-4 or Sa)
Sanderso
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Waitre~g, Food Service .
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^Yast'INd 12 rs.
16. Oeceeents Marling Address (SlreeL city /town. state. zip code; Decedents Dld Decedent
P A Live Ina 17c
Decedent .wed m TwP
^ Yes
1 6 Park Street ,
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Actual Residence 17a. State
C'uml-,Prl antl rdwnamp? nd ®Ne.Decndamlvadwurln Mt.Holly Springs ci Ord
Mt. Ho3-ly Sprin s PA 17065 ,Tb.c°anly
Aet°aIL'mitae
te. Eames Name IFlrs~ midme, last, a°eix7 ts. nwamers Name IRtrat, mitldle, maitlen surname)
Antonette Voytkowski
Kola Yemzow
20a I f -mart s (vane yp 1 Print) 20b 1 f mrant s Mailing Adtlress Street sty /town state zIp erode)
n x 27 ros Fork PA 17729
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tiull 21b-Data of Disposition (Month, tlay, vearl 21c PI t D'sposil nn (Name of cemetery, cmmatorv o~olher plecel 21d 1. t (CiN/!own 'ale. z,0 code;
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C pe.e dams 23a c only when cedllying 23a. To [he best of my kph death occurred at the tme, tla end staled. (Sig afar ntl title) ~ , ^ 23b License Number 23c- Dale Blgned ( nt
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pny net avalan e at' me m loam to jr> , ~.-- - ~ ~ ~ ~ ~ 3 ~-'+ ~ d ~ Z2-- ~ ~ ~
carry . se of tleau- L~~~
ye r) 28- Was CBSe Relerretl Ie Med xaminer I Coroner fa e Raasor Other Than Cremat on pr Donat pn?
Dale Pronounced Dead Month day
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tams 24-28 must be armpleled b 24. ime of Death
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les) r Appror mate Interval'. Pan I. Enter other son 1 dt n ~ t t'ng to tleath, 28. Did Todacco Use Contr bate to Death?
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CAUSE OF DEA
uries or compfcalions ~ Ihat dlreetly caused the daatn- DO NOT enter term net events such as tartlet arrest Onset to Deefh Oui not result g' Ih tle'+yi. g - given in Pzd I. ^ y s ^ Probably
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Item 21 Pan nter 1
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resoi aory arrest, or ventricular fibrillation wilhou; showing Ne etiology. Ust only one cause on each line. ^ N° ^ Unkr own
IMMEDIATE CAUSE 'Final disease p~ r 25- It Fem
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Not ~ure9nant. ou'. o~agnam within 42 days
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Sequennatl bsI condn~nns, d any, ~~-t
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leasing o IXe ceuae toted pn Imo a.
Due a. roe as a coma°pence op: pf neao-
Enlar the UNDERLYING CAUSE ~.
- r mtury 'hat nihated the L. Na pregnant. bpi pregnan:43 days to 1 year
enis ~asuNi.'tg n ,eah) LAST. "JUe Ie (o' as a conseque .ce ol) beta's tleath
- ^ Unxn wn n nrecnert wamr Ise peat year
d.
W s en Autopsy
30a Wa A ~t p F d' gs
30b 31 Manner of Death 32a. Date of Injury (MOnm, day, year) 32b-Descr be How Injury Occurred 32c. Place f I I ry. me ~ Street, Factory,
OHIC 9 I g, ic. (SO ryl
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Pedormad^ .
Ave'lable Pr or to ComWeticn ~ Natural ^ Homctle
~ 01 of Death? Invest'
aiion
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c d 32d. Time of Inlury 32e. Injury at Work? 321.11 Transppdal on -story (SpecryyJ 32g ' - n of mjury (E. t. i!y! town, state;
^ 'ee ^"•~NC ^ Yes ^ Nc g
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c ^ Yes ^ No ^ Driver/Operator ^ Passenger ^ Pedesihan
^ Suicide ^ Could Not be Determinetl M. ^ Other- Specify:
Cedllior (checx Qtly one) 3
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• Certifying physician (Physiaan cediNing cause of death when another physician has pronounced tleath antl campleled Item 23)
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To[he best of my knowledge, death occurred doe tothe ceuse(s)antl manner as statetl_________________________________
siaan both oronouncing tleath and caditying to cause of tleath)
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Pronouncing and cert
To the best of my knowledge, death occurretl at the time, date, and place, antl due to the cause(s) antl manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~
.
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Medical ExaminarlCOroner
On the bas~.s of exeminadon and I or Investigation, in my opinion, death occurred at the time, tlate, and place, and tlue to the cause(s) and manner as stated- 3
4. Name and Address of Person W pletetl Cause ~~' Death (Item 2') Type' Print
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