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HomeMy WebLinkAbout05-02-12PETITION 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: Carol M. Durkish a/k/a: a/k/a: a/k/a: Date of Death: 1 012 512 01 1 Decedent was domiciled at death in Cumberland County, (State) with his/herlast principal residence at 3C Roulnd Ridge Road, Mechanicsburg 17055 Upper Allen Cumberland BtreeE ed ass, Poat OKce and Zip Code City,'rownship or Borough County Decedent died at Holy Spirit...Hospital Camp HIII Cumberland PA BVeet address, Poat Once and Zip Code City, Township or Borough County State Estimate of value of decedent's properly at death: If domielled In Pennsylvania ...................... All personal property $ 10.500.00 If not tlomlclled In Pennsylvania ................ Personal property in Pennsylvania $ lfno[domieiled In Pennsylvania ................ Personal property in County $ Value of real estate In Pennsylvanla ................................................................... $ Real estate in Pennsylvania situated at (Attach addilionar sheets, i/necessary ) File No: 21'~~ - //y (Assigned by Register) Soc(al Security No: Age at Death: 71 TOTAL ESTIMATED VALUE $ 10,500.00 Street address, Poat GBIw and Zip Code City, Township or Elorough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 0712712004 and Codicil(s) thereto dated 03/07/2008 State relevant oirwmatancee (e.g., lanunNadon, daeth araxacuror, efcJ 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(g), 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 Grant of Letters of Administration (If applicable) c. t.a., d.b.n., d.b.n.c.fa., pedenfe life. tlurdnfe absentia. durente minoritate If Administration, c.ta or d.b.n.c.t.a., enter date of W III In Section A shove and eomoleta list of hairs. Except as follows: Decedem was not a party to pending divorce proceedin 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 incapaatateli person. ® NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the followi spouse (if airy; and heirs~atfach additional sheets, if necessary): ~ ~ O ...; -LI -•~ ,.-, ~ ~ ~ ~?' i,..~ Name Relationship Address 'n ~ _ - - ___ l_C/7 ~. N =.. ~U-n _, __ N ~i Form RW02 rev. 10-1 f-2011 Copyright (c) 2011 roan so/lware only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative ; @rfw~lu only ~,. ~, COMMONWEALTH OF PENNSYLVANIA } r[~ hL=ia..-_~ - I'_; j } SS: COUNTY OF Cumberland } Petitioner(s) Printed Name Petitioner(s) Printed Address Jeffrey V. Darkish 77 Frost Lane ll 1 CLERK ~~ Di sburg, PA 7079 ORPHAN`S COURT David Padden 3425 Simpson Ferry Road ,.. Camp HIII, PA 17011 The Petitioner(s) above-named swear(s) or arm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge antl belief of Petitioner(s) and that, as Personal Representative(s) ecedent, R'e\OtlonJar(s) will well and troy administer the estate according to law. Sworn to or affirmed an bscribed before~,2 k'~' " c'~'r't'~~ Date S- z ' I Z- me this ~ y of +:~L / pats •~ 2 ~ ~ Z By: v pate For the giatar pale BOND Required? ^ YES ~ NO FEES: Letters .......................................... $ ~_ ( ~ )Short Certificate(s)......... ~ 7cJ- ( )Renunciation(s) .............. ( 1 )Codicil(s) ........................ r(,g ( )Affidavit)'s)_ .................... Bond ............................................. Commission .................................. Other ~y)-, ~I ~.~ Automation Fee ............................ JCS Fee ....................................... ~`~-~~ a^ TOTAL ......................................... $ /~/a. J` ~- To the Reg/star of lM!!s: Please enter my appearance by my signature below: Attorney Signature: c=-.--~ Printed Name: Edward P Seeber Supreme Court 75084 ID Number: Firm Name: James. Smith, Dietteriek 8 Connelly, LLP Address: Suite C-400 553 Gettysburg Pike Mechaniuburg, PA 17055 Phone: 717-533-328(1 Fax: E-mail: eps~Jsdc.com DECREE OF THE REGISTER Date crf Death: 10125/2071 SOCial Security No: 202.30-7061 Estate of Carol M, Darkish File No: 21 I ~ ~ L ~r a/k/a: AND NOW, 2 , in consideration of the foregoing Petition, satisfactory proof hav' g b n presented before me, I7 IS DECREED that Letters Testamentary are hereby granied to affray V. Darkish and David Padden_ _ _ in the above estate and (if applicable) that the instrument(s) dated 0712712004 03/0712008_ described in the Pettion be admitted to probate and filed of record as tp4y~t Wilq(and CgdigA{s)) of Decedent. Register of Wills ~ ~^1 nn~^ / / Copyright (c) 2011 form software only The Lackner Group, Inc /~ ~Il Cf l l ~('A -( kPage :m, vo, altc anon. LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. F'ee for this certificate, $b.l)U P 1764~i712 _ Certification Number This is to certify that the information here given is correctly copied ti~om an original Certificate of Death duly filed with me us Local Registrar. The original certificate will be forwarded to the State Vital LL77I%%//Records Ofl~ice for permanent filing. I/~ G /1Adn`_~n.a.~~tdi~~~~ ll//~D/~~. Local Registrar ~., Date Issued n ,•,J 'i ~~ 'R rxi i ~'o T _ ,~~~ -•¢ r ~~ rc7 m I D~~ n; JC7~ x 70-n -~ ~ ~ ~] _ ~ ~ •• D t\Y `AG T9 xta;tq flEV vmp COMNONWEAL7H OF PENNSYLVANIA • DEPARTMENT OF NFALTI • VRAL RECORDS 1VPE I nIM! w a~wrHewn CERTIFICATE OF DEATH lSea Instrlxctlona antl sx•molxro on roverae) a ~~ ~I k I.xmdowemXlEm.nbd.,xq glmq z. sb xs®IECaw xmror amwd wam plmUn M. xri Carol M. IT~rkish faclale 202 - 30 - 7061 Oct• 25 2011 aw S.MM1b mnMl Ikbrt Uq'I. S,MN9M 1 rL Shbw 4. udOSW PgIX 73 """° °ryi "°"m ~" 12/22/1939 Nanticoke, PA "°°"°I- °~ x/wg HM ^ xwame Q Oxw - m+h Y2 (~ngxn.+ ~ Efl (WQ•wl ^ DCP ^ O. LnsMdC.M Pc Px, Eaa,nPdaan ~E~. PVa:NreMnlMm,IW.WMY,ac. B1 Fm9gNm IXMYWpMn.Wsmw WrsnOU1 9WU 0ealbdd Hw^a Elr9^+~.p xa ^YS 16 Clmberland Fast Pennsboro 11 Holy Spirit Hospital Iwawm~.m ~„,<I whi'~te Ilgmn+uma a+Pnmre rrma w.mmlam Iz w~awxq.w mu. Ea ozadEeL [muum (spgry a+MM acw~•az+WM I~zama slwwrrma.Www•aee. Is.ww+a Swa+ln.ne.tla mamniw.l tld WM pMd Im]uY/ 1 4 II.S. NmN'ro O E i QsnyAxlY/SCgMMY 1w1Yl Cex.9.lld a~5+) WWNeE, PAte](SptlYYI ~L. ~ ~ ( i ~ IX.OWeMSN•Fybnw11i4ssl.otYlbn, mY.ipm]•1 yay ~ y x ,a PA IY+ssCn sin 11e ®5'u OxgnI LNNIn Ifrvbt• Lllen ry l) SV 3-C Round Ridge Road , , y fly . , t b T°'^gM1pz ne.^w m~uwawwi gland MechatLicsbu PA 17055 ~(~ ~ +>e.cawry Iq.FMery NnwlFM.nNL. W,eM) 19. WM•xmnmxL nYts.rxansuwre) t.Ylarles Lu.zenskL 4.IkmaM'n NC+e Tryr IPIYE) tS. IMmnwnYMSiq Mfw(.SYrt9A'Idn.am. yrmea Jeffrey V. Darkish 17 Frost i 1 zls wmma gywma. ^Cimayma ^owmeal zlPObaomaaaeva luann nw.WM n.. Pmp WUgmmr(WnawaMy.awaWaWrawl xm. Laeam l0ry(mxn,an.mame•1 ~nisl ~ "aro'axmnga. ~a mwmq Nov. 2n 2011 to of Heaven Cemetery Mechanicsburg PA ^ / ^Y.O~ , aFm.a - w... roP•mz^+wq+F.~ zz^.u..•x"^^+ xxc. w~.. rm.mwaP.a~v 8 Market Plaza Way - ~ FD 011667 L Mal zzi Funeral Mechanics PA 17055 a1Y lYiY~4<ml/ WIxPq IIiiON•Mdnf/tr~s•w?~aVNwViMtlMMiGYYp LI•a WYY.S'~F'xWMbl x$Lbiml xum[a~ 9[. mb S4~M IWM.ffI.FM agnlanbMwaw•mmuawmb uxlwlms aUSN. 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M1M1mM PwYtY Pbnm^Wal^ ac«wam•nP fi1xMW ^xmtb Y OY ~» Orm~m ^pstlyp I]P6yYP ImfIYtmW 9LI.TMdIRUry 96.IRWYWUIR 3M.Xi~• Pm iiIM~H (-~{w~'/ ^ ~ ^ S'bJ. W11M diA.'Y SXM~dYI wn.NYl .. ° ^sdnX. ^mwxdmmmnw.n ^Y..Ow Pgwpm wwnw mMrawm. x aw-samY >a. c.w ldga mwa.( mwntMMWx^WmJ Xwn Yal dEUmWn WIU MWnAw a Pn XI a°~ a m xa symme rm.damn., p • a 4i m'w M'O m• P MMaT 1' arnww.ammo,.uwpl.m~w~wruxr_________________________________~ mm•wdmEa..l.eq. , • PrwwmNgaamMybp PnYaa+n lPnvmdnodn wabmagaw rmmMS4gmuw damnl ~.~ ~,~ Tan.erawxw.W+mnaw+..r.zww..m,wdw,.abrmnaawfdwww..wme_-------------- • amw awwlc aw pD Q~ ~O -- w anm.nra..•mamanrelwlmagma,m,,y wal.na.na...n.amu.n.•,w...aPr...~e m,.mm•wrin.miwmv. n•r_ O aa.w..aro.Im..aP.~ew waconp.wuwdo..nllrmznrw.(Fmm ^ L 1 ' ` nsa+w•wmoex ~I ~ Iv11 I IcT ~umrleefwm 3Ew dFVN .u.~ . 2~ ~c~ ~J f'> /o ' c.r.ra-+tw- 8 ~. I .F my riiL- ~C ST `~ I U O uwaxm~Px~wxw.7SS3~1,'G_3 ~.a.~/oyi/FI /'.4/!"Y3 CODICIL TO LAST WILL AND TESTAMENT OF CAROL M. DURHISH I, CAROL M. DURKISH, having my legal residence in Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declaze this to be a Codicil to my Last Will and Testament dated July 27, 2004, hereby amending my said Last Will and Testament as hereinafter provided but in no other way, made pursuant thereto, provide as follows: FIRST: I do hereby revoke in its entirety ARTICLE TWO, Section 1. and replace it with the following: ARTICLE TWO Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the; order of priority in which theirc names appeaz: JEFFERY V. DURKISH and DAVID PADDEN OF PADDEN ASSOCIATES; then JASON M. DURKISH SECOND: I hereby ratify, confirm and republish my said Last Will and Test~t as s4;; ~~c> zc~~ rv ~O~ =: ~~- _.. ~~ r-~ ~ _y .. n n~ -o ,~? . ,--, '__ TI L~ 1 IN WITNESS WHEREOF, I have hereunto set my hand and seal tlris day of March, 2008. Q~~ CAROL M. D ISH SIGNED, 5EALED, PUBLISHED and DECLARED by CAROL M. DURKISH, the above- named Testatrix a$ and for a Codicil to her Last Will and Testament dated July 27, 2004, in the presence of us, who, at her request, in her presence, and in the presence of'each other, have hereunto subscribed our named as witnesses thereto. ~- ~!tz11~.1~c~~ Residence /7~ Residence ~~~ 2 ~~ %"7QoP~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, CAROL M. DURKISH, the Testatrix whose name is signed to the attached or foregoing instnuent, have been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. ~,~~~ %~ r CAROL M. DURKI Sworn to or affirmed and acknowledged before me by CAROL M. DURKISH, Testatrix, this day of March, 2008. No ] blic Cheryl L. Baker, N tlo~ty, p~ L Y Comm s TWP.. Cum6etlantl County M sion & thar o~___`-~ ~'~S Jam' 13, 2011 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, /~Gu/sE ~1 ~~6 and ~ ' 'C~ ~~' iLc~<L ,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 a Codicil to her Last Will and Testament; that the Testatrix signed willingly and executed it as her free and voluntary ttct for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Codicil as a witness; and that to the best of their knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. itness ~~~ itness Sworn to cpr affirmed and subscribed to before me by ~,U/.fE /~ Goe/~ and j1Q5~j~%C~Q ~ /( p~~%/J~J~ ,witnesses, on this ! 7 "3ay of March, 2008, No lic COMMONWEALTH OF P~NNSYLVANIq Notarial Seal Cheryl L. Bakor, No4vy Pubs^ Lower Allen TK'P., CurnbeAeno CourtYy MYCommisaion ~!+Ha Jan. 13.2017 Member, Penn`'" `~°-- Yh'ania t.:, :xfation o! Notaries Last Will of CAROL M. DURKISH I, CAROL M. DURKISH, the Testatrix, a resident of Cumberland County, Pennsylvania, declare that this is my Last Will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am. currently married to VINCENT B. DURKISH, and all reference:; to my Spouse in this will are to VINCENT B. DURKISH. Section 2. Children All references xo "my children", subject to the exclusion of any child under subsequent provisions of thi~ Section 2, are to all of the children so identified in this Section 2, but only to those children add any children born to or adopted by me subsequent to the execution of this, my Last. Will. a. My Children The names and birth date of my children are: Names Birth Dates n JEFFREY V. DURKISH April 16, :1965 ?~ ~F: ~-, , ~~ ~ JASON M. DURKISH March 10, 1969 ~ ~ ; ~<<> >, ~ _{~ .~. ~ , -i n ~'~ f~.7 ~ J(~ .~. "T; Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order of prioriTy in which their names appeaz: VINCENT B. DURKISH; THEN JASON M. DURHISH AND DAVID PADDEN OF PADDEN ASSOCIATES; THEN JEFFREY V. DURKISH If, for any reaso~i, the Personal Representative(s) named above aze unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives aze serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will,. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Conunonwealth Of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the po~.ver to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code', Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credlit Equivalent, my Personal Representative shall distribute such of my personal or household items to such pegsons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable liviing trust of which I am a Trustor known as the: CAROL M. DURKISH LIVING TRUST, dated November 3, 1998, and any amendments thereto. I executed said revocable living trust prior to the execution of this Last: Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. A#ry additional to the federal estate tax for any "excess retirement accumulation" urjder Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A or 2057; and a Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that thie Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pure~uant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust aze insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate b;y equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifics ly provided otherwise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such pYOperty. Section 3. Waiver of Right of Reimbursement Under Code Section 2207A I hereby waive my estate's right of reimbursement under Code Section, 2207A. Article Five General Provisions Section 1. No Contest Clause If anry person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and ~is or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. C'pptions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Sfrverability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect ahoy of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will, on ~~~ ~ 7 ZOQl1 ~~ ~~ ~ . ~~ CA130L M. DU CISH ATTESTATION CLAUSE On this ~~~ 2 7 1~~~1 ,CAROL M. DLJRItISH, Testatrix, personally Published and Declared the foregoing instrument, as and for her Last Will and Testament, in the presence of each of us and all of us together, who, at her request, in her presence, ~md in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time she executed the foregoing instrument she was of sound mind and memory, of lawful age, and did so execute it as her own free act and deed and not under the constraint or undue influence of any person. ~.iL~P1C ~ Witness Street Address ity, State, Zip Street Ad~ress COMMONWEALTH OF PENNSYLVANIA COI7NTY OF DAUPHIN We, CAROL M. DURKISH, \~ ~ 1~ 2 (% . ~ A I~~, ~~~_kS w-~e ~,.., and ~~ ~ f'Vl _ ~Ow.1X~C~~'L ,the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly first sworn, do hereby declare to the undersigned authority that we were present and saw the Testatrix sign and execute the foregoing instrument as her Last Will; that the Testatrix signed it willingly, or directed another to sign it for the Testatrix, that it was executed as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testatrix signed the Last Will as a witness; and that to the best of oiar knowledge the Testatrix was at the time of sound mind and memory, of lawful age, and unifier no constraint or undue SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by CAROL M. DtiJRKISH, the Testatrix, and~~~ul ~~r - ' and ~SCe4~1 ~ ' ~.~CL aLl~, the witnesses, on this J UL ~ ~~~^F 1L~/~.li f.RJ Notary Public .- __ Lk 3u L rek~oruoff N~33rg~ F fib iC j LWrry Tvn> ~#t~phin County ftly uxntnl. ~i E pire ~ Nov 8 200? fuietr?bc+r. Pi:rma•, iv;;;d^t,.;:;;,ci:ati„r Jf Noiaries