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): ~ ~
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Name Relationship Address 'n ~ _ - -
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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
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
F'ee for this certificate, $b.l)U
P 1764~i712 _
Certification Number
This is to certify that the information here given is
correctly copied ti~om an original Certificate of Death
duly filed with me us Local Registrar. The original
certificate will be forwarded to the State Vital
LL77I%%//Records Ofl~ice for permanent filing. I/~ G
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Local Registrar ~., Date Issued
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CODICIL TO LAST WILL AND TESTAMENT
OF
CAROL M. DURHISH
I, CAROL M. DURKISH, having my legal residence in Cumberland County, Pennsylvania,
being of sound and disposing mind, memory and understanding, do hereby make, publish and declaze
this to be a Codicil to my Last Will and Testament dated July 27, 2004, hereby amending my said
Last Will and Testament as hereinafter provided but in no other way, made pursuant thereto, provide
as follows:
FIRST: I do hereby revoke in its entirety ARTICLE TWO, Section 1. and replace it
with the following:
ARTICLE TWO
Section 1. Nomination of My Personal Representatives
I appoint the following to be my Personal Representative(s) in the; order of priority in
which theirc names appeaz:
JEFFERY V. DURKISH and DAVID PADDEN
OF PADDEN ASSOCIATES; then
JASON M. DURKISH
SECOND: I hereby ratify, confirm and republish my said Last Will and Test~t as s4;;
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IN WITNESS WHEREOF, I have hereunto set my hand and seal tlris day of March,
2008.
Q~~
CAROL M. D ISH
SIGNED, 5EALED, PUBLISHED and DECLARED by CAROL M. DURKISH, the above-
named Testatrix a$ 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 ~
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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
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fuietr?bc+r. Pi:rma•, iv;;;d^t,.;:;;,ci:ati„r Jf Noiaries