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HomeMy WebLinkAbout06-18-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY PENNSY Reset LVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as s ecified support thereof aver(s) the following and respectful) re uest s the rant of Letters in the a y q (~ g p below, and in Decedent's Information ppropriate form: Name: So hia Jean Knosk a/k/a: a/k/a: a/k/a: Date of Death: Apri126 2012 Decedent was domiciled at death in Cumberland principal residence at l ~ f ;ra,~oi r,_:.._ __._ Street address, Post Office and Zip Code Decedent died at Harr;~h,,,-~ un~~:..., r_ . __ File No: ~~~ - ~ ,~ _ (Jl~,~~7 (Assigned bytg°Qd by Register) Social Security No: 154-01-1890 Age at death: 92 County, pq len Tn.xi.,oh... ~.___, _ (State) with his/her last City, Township or Borough Street address, Post Office and Zip Code~,~uu, J[reetS Harrlsbur Dau hin Coun PA Estimate of value of decedent's roe City, Township or Borough P p rty at death: County Ifdomieiled in Pennsylvania.... . Ifnotdomiciledin Pennsylvania ........................ Persona] nropeoperty Ifnot domiciled in Pennsylvania.......... , P P rty in Pennsylvania $ 8 500.00 Value ofreal estate in Pennsylvania .......... . .. . ...::::: Personal property in County $ TOTAL ESTIMATED VALUE.. , . $- 1 ~ 5 (l0~ ~~ Real estate in Pennsylvania situated at: 16 Citadel Drive Cam Hill 17011 Lower Allen Townshi Cumberland Count13 00 00 (Attach additional sheets, ijnecessary.) Street address, Post Office and Zip Code County State City, Township or Borough A. Petition for Probate and Grant of Letters Testamentar county Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated A ril 26, 2011 thereto dated P and Codicil(s) State relevant circumstances (eg, renunciation, death ofexecutor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not m divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. 3323 adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated P nas not divorced, was not a party to apending § (g), and did not have a child bom or NO EXCEPTIONS Q EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) If Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section Atabove andlcom rlete absentia, durante minoritate Except as follows: Decedent was not a P g P e list of heirs. in 23 Pa. C.S. § 3323 Pazh' to a endin di~orce roceeding wherein the grounds for divorce had been established as defined (g) a/ndgwas neither the victim of a killin nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS E ) EXCFPTinwro Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the followine SnnneP rr.,..... __ ~ , additional sheets, ifnecessary): Form RW-02 rev, 10// //2p1 ~ Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } S5: COUNTY OF Cumberland } Official Use Only For the Register ~ Date Date BOND Required: ~ YES ~NO FEES: Letters. ,,.,,...._.. (tj )Short Certificate(s)..... . ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other ~"'III ....... $-1s1~~ ~. ~~) 1~~~ Automation Fee ............... ,~ JCS Fee . .................... ~' TOTAL ..................... $ .303 ~ . To the Register of Wills: Please enter my appearance by my Attorney Signature: ~ ~ - a ... C7~`:. pc ~7 Pri dName:-"James A Miller pre~`o~urt N~ umber; 61352 Firm Name: MILLER LIPSITT LLC ~-- r-r-T C-': w• ~ ,~.~ J '~ c Z7 00 r*,"r 'Q ` -, ,= N Address: 4 South 17th 4treet Camn Hill PA 1701 1 Phone: 717 737 6400 Fax: 717 737 5355 Email: ia~tZaa-t_lau~ rnm DECREE OF THE REGISTER Estate of Sophia Jean ICnoskv File No: a/k/a: ~ l - / ~ - ro AND NOW, I- ~Fi ~ ~~ ` `~_, in consideration of the fore oing Petition, satisfactory proof having be re nted before me, IT IS DECREED that Letters ~ ~~~.~, are hereby granted to .-1~'1 O')(~ , ~j . K- ~`~L~~~ _~" in the above es ate and (if applicable) that the instrument(s) dated ; described in the Petition be dmitted to probate and filed of record as the last Will (and C`odicil(s)) of Decede 'Register of Wills ~ r ~~~ ., ~I~ Form RW-02 rev. /0/I!/2011 ~ Page 2 of 2 i uc rcmtoner~s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Dece nt t e Petitioner(s~ ' 1 wel and truly administer the estate according to law. Sworn to or ffirmed ° subscribed before me this l'~day Ck ~~~~ Date ~l (~~ BY~ ~C~ Sl ,t ~ Date ~~ ~~~~~~ ~IEf~I~ ~~®~I[~~ I, SOPHIA JEAN KNOSKY of the Township of Lower Allen, Cumberland Coun Pennsylvania, declare this to be my Last Will and revoke any will or codicil previously made b Ty ITEM 1_ Y me. Upon my demise, I direct that my body be interred in Resurrection Cemetery, 1116 Oak Grove Road, Harrisburg, Pennsylvania. ITEM 2: I direct that all my funeral expenses be paid as soon as practical after my death. ITEM 3: I direct that all taxes that may be assessed in copse uence o Q f my death, of ~ ~ ~v' whatever nature and by whatever jurisdiction imposed, shall be paid from each beneficiary's share at ' ~ the O ~ rate then assigned to that beneficiary and in no event shall the taxes owed by reason of my death be aid in a collective manner from the gross residue of m esta p z Y to since the beneficiaries of this estate are taxed at ~, w ~, different rates. Q ITEM 4: I give, devise and bequeath all the rest, residue and ~ remainder of my estate of every nature and wheresoever situate, together with insurance thereon, to my son, THOMAS D. KNOSKY, of 4 Lucie Street, Mechanicsburg, Pennsylvania, provided he survives my death by thi 30 days. m' ~ ~ h.~ {i J CJ.7 _ m y:.~.~. _.f ~ 0~ ~ C 1 ( R "'! •+ ) • r' Page 1 of 8 ~ ~ "' ~; ITEM 5: Should my son, THOMAS D. KNOSKY, predecease me or fail to survive my death by thirty (30) days, I give, devise and bequeath all the rest, residue and remainder of my estate of every nature and wheresoever situate, together with insurance thereon, to be divided as follows: A. One Third (1/3) to my grandson, TROY J. KNOSKY of 100 Iroquois Trail, York Haven, Pennsylvania, per stirpes; B. One Third (1/3) to my grandson, RICK K. KNOSKY of 952 Cloverleaf Road, York, Pennsylvania, per stirpes; and C. One Third (1/3) to my great grandson, HUNTER A. KNOSKY of 100 Iroquois Trail, York Haven, Pennsylvania, provided he survives my death by thirty (30) days. Should my great grandson, Hunter A. Knosky predecease me or fail to survive my death by thirty (30) days, I give, devise and bequeath his share to my son, TROY J. KNOSKY, per stirpes. ITEM 6: Should my great grandson, HUNTER A. KNOSKY be entitled to a share of my estate not have attained the age of twenty-five (25) years at the time of distribution to him I devise ~, and ~ bequeath the share of such beneficiary to my son, Thomas D.Knosky's wife, ELAINE M. KNOSKY of 4 O z Lucie Streei, iviechanicsbur Penns ivania ~ g~ y' ,provided she is married to my son, Thomas D. Knosky at the z w time of my death, as Trustee, to be held in trust, to hold, manage, invest and reinvest the share so ti received, in accumulation of income thereon, and to use and apply the income and rind a x p ipal, or so much ' ~ thereof as, in trustee's discretion, may be necessary or appropriate for such beneficiary's maintenance support, and education (including college education, both graduate and undergraduate) without regard to his parents' ability to provide for such maintenance, support or education, or to make payment for these purposes, without further responsibility, to such beneficiary's parents or to any person taking care of such ITEM 5: Should my son, THOMAS D. KNOSKY, predecease me or fail to survive my death by thirty (30) days, I give, devise and bequeath all the rest, residue and remainder of my estate of every nature and wheresoever situate, together with insurance thereon, to be divided as follows: ~,. One Third (1/3) to my grandson, TROY J. KNOSKY of 100 Iroquois Trail, York Haven, Pennsylvania, per stirpes; B. One Third (1/3) to my grandson, RICK K. KNOSKY of 952 Cloverleaf Road, York, Pennsylvania, per stirpes; and C, One Third (1/3) to my great grandson, HUNTER A. KNOSKY of 100 Iroquois Trail, York Haven, Pennsylvania, provided he survives my death by thirty (30) days. Should my great grandson, Hunter A. Knosky predecease me or fail to survive my death by thirty (30) days, I give, devise and bequeath his share to my son, TROY J. KNOSKY, per stirpes. ITEM 6: Should my great grandson, HUNTER A. KNOSKY be entitled to a share of my estate not have attained the age of twenty-five (25) years at the time of distribution to him, I devise and ~ is tom son, Thomas D.Knosky's wife, ELAINE M. KNOSKY of 4 ~ bequeath the share of such benefic ry y ~ rovided she is married to my son, Thomas D. Knosky at the z Lucie Street, Mechanicsburg, Pennsylvania, p time of my death, as Trustee, to be held in trust, to hold, manage, invest and reinvest the share so received, in accumulation of income thereon, and to use and apply the income and principal, or so much x a ~ thereof as, in trustee's discretion, may be necessary or appropriate for such beneficiary's maintenance, support, and education (including college education, both graduate and undergraduate) without regard to his parents' ability to provide for such maintenance, support or education, or to make payment for these purposes, without further responsibility, to such beneficiary's parents or to any person taking care of such Page2of8 beneficiary. Any principal or income not so applied shall be distributed to such beneficiary absolutely when he attains the age of twenty-five (25) years. If the beneficiary of this trust dies before attaining the age twenty-five (25), the Trust shall terminate and such share shall be distributed to his or her personal representative. Should the principal of any Trust herein provided for be or become too small in the trustee's discretion so as to make establishment or continuance of the trust inadvisable, the trustee's or my personal representative may, without court approval, make immediate distribution of the then-remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are then entitled to income. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income beneficiary or in remainder shall cease. In the event Elaine M. Knosky predeceases me or fails to qualify or ceases to act as Trustee or is not married to my son, Thomas D. Knosky at the time of my death, I appoint my grandson, TROY J. KNOSKY, as alternate Trustee herein per the terms and conditions of the Trust established herein. ITEM 7: I hereby acknowledge the existence of my granddaughter, TAMMY L. Penns lvania, and I intentionally, with full knowledge, hereby choose to exclude KNOSKY of Dillsburg, y her and all ofher descendants from any benefit under the terms of this Last Wiii. O ~, ITEM 8: My Executor, trustee or their successors shall have the following powers m w addition to those given by law to be exercised by them in their absolute discretion, which powers shall e Q ~~ d ~, applicable to all property held by them, effective without the order of any court and until the actual a ~ distribution of all such property: a, To retain any investments at discretion including stock of any corporate fiduciary hereunder or of a holding company controlling it; Page 3 of 8 b. To invest and reinvest in the executor's or trustee's discretion as permitted under Act 28 of 1999, as amended, the "Prudent Investor Act," with the specific right to invest in stocks, bonds and real estate, including non-income producing residential real estate for the occupancy of any present income beneficiary or beneficiaries, and in such diversified, proprietary money market and mutual funds, including such mutual funds of any corporate fiduciary hereunder or those of any successor or affiliated corporation or a holding company controlling it, as my executor and trustee deem appropriate; c. To sell, to grant options for the sale of, or otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof without liability of any purchaser to see to the application of the purchase money; d. To borrow money and to secure the repayment thereof by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof; e, To compromise claims by or against my estate or any trust created hereunder; ~ f. To allocate and distribute different kinds or disproportionate shares of property or `~ undivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each; ,z g. To register investments in the name of a nominee or to hold the same unregistered in such w '~ form that they will pass by delivery; d px„ h. To join in any recapitalization, merger, reorganization or voting trust plan affecting ~O investments; to deposit securities under agreement; to subscribe for stock and bond privileges; an generally to exercise all rights of security holders; Page4of8 i, To manage, operate, repair, alter or improve real estate or other property, and to lease real estate and other property upon such terms and for such period as my executor and trustee deem advisable even for more than five (5) years and beyond the duration of any trust; j. To deduct administration expenses upon either the federal estate tax return or fiduciary income tax return with or without adjustment as between principal and income, as my corporate or disinterested executor shall determine; k. To associate with them in the absence of a corporate fiduciary, an accountant, custodian and investment advisor, and other agents and to compensate them from principal or income or both, as my executor or trustee shall determine, such compensation to be a reduction of the compensation of my executor or trustee; 1, To associate with them at any time, in their absolute discretion and of their choice, a corporate fiduciary which shall have the same powers as my executor or trustee, such designation by my executor or trustees and acceptance by a corporate fiduciary to be in writing; m. To combine, without prior court approval, any trust herein with any other trust with substantially similar provisions, although such other trust may have been created by separate instruments and by different persons, and, if necessary to protect different future interests, to value the assets at the p time of such combination and to record the proportionate interest of each separate trust in the combine fund; provided however, that no such combination shall be permitted if the effect of such combination w would be (1) to violate the applicable rule against perpetuities; (2) to disqualify any interest in one or Q ~ ox-a more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable; or ''~ O (3) to cause the loss of the exempt status of one or more of such trusts from the imposition oft e generation-skipping tax; Page 5 of 8 n. To exercise any stock options which they may receive; to borrow such funds from any source as my executor or trustees may deem necessary for the exercise of such options; and to pledge assets as my executor or trustee deems appropriate for this purpose; o, No trustee shall be required to qualify before, be appointed by, or, in the absence of a breach of trust, account to any court (and failure to account alone shall not be considered such a breach); nor shall trustee be required to obtain the order or approval of any court in the exercise of any power or decision granted hereunder; p. To allocate any generation-skipping transfer tax exemption from the federal generation- skipping transfer tax to any property to which I am deemed the transferor under the provisions of Section 2652(a) of the Internal Revenue Code of 1986 and its successors, including any property transferred under my will and any property not in my probate estate and any property transferred by me during life as to which no allocation was made prior to my death, to the extent necessary to cause the inclusion ratios applicable to such transfers to be zero; q. To disclaim any interest in property without court approval; and v re To do all other acts and things necessary or appropriate in the management, ~ ~ ~ administration and distribution of my estate or trus . Z, ITEM 9: In the event any legatee or devisee named in this will dies under such d w ~' circumstances that there is not sufficient evidence to determine absolutely whether such legatee or devisee Q x '~ a' survived me, I direct such legatee or devisee shall be presumed to have predeceased me and devise an O bequeath the gift in favor of that legatee or devisee to such persons and in such manner and in such proportions as set forth in this will for distribution if the legatee or devisee predeceased me. Page6of8 ITEM 10: Until distributed, no gift or beneficial interest shall be subject to anticipation or voluntary or involuntary alienation. ITEM 11; I appoint my son, THOMAS D. KNOSKY, as Executor of this my Last Will. Should my son, THOMAS D. KNOSKY, predecease me, fail to qualify or cease to act for any reason as m Executor, I appoint my son, Thomas D. Knosky's wife, ELAINE M• KNOSKY, as alternate Executrix y death. of this my Last Will, provided she is married to my son, Thomas D. Knosky at the time of my Should Elaine M. Knosky predecease me or fail to qualify or cease to act for any reason as my alternate Executrix, then I appoint my grandson, TROY J. KNOSKY, as my second alternate Executor. ITEM 12: I direct that my personal representative, trustee or their successors shall not be urisdiction. required to give bond for the faithful performance of their duties in any j IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and da of , 2011. Testament, this y SOPHIA JEAN KNOSKY 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. ~~~ ~ .--- residing at (~ ~ ~ Gv. L. ! .~~ ~ h 2s~1 1111 ~ c~~~' ~.,.-~ ~~- l7eST residing at Page7of8 COMMONWEALTH OF PENNSYLVANIA ~ ss: COUNTY OF CUMBERLAND ) yj e /u ~ ~~ byi~--; ~ and We, SOPHIA JEAN KNOSKY, ~ ~~ d G r~/t%, the Testatrix and the witnesses respectively, whose names are ed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the sign undersigned authority that the Testatrix signed and executed the instrument as her Last Wi11 and that she ose therein had signed willingly, and that she executed it as her free and voluntary act for the pure ex ressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the will as p ears of witness and that to the best of his or her lrnowledge, the Testatrix was at the time eighteen (l8) y older, of sound mind and under no constraint or undue influence. ~.~- ~ ~/~ SOPHI~A-) JEAN KNO> -SKY Wi ss r Wltn SS C ri` ~ by SOPHIA Subscribed, sworn and aclrnowledged before me JEAN KNOSKY, the Testatrix, and subscribed and sworn to before me by ~ , Sa ~~ ~ ~ C,c y-^~ the witnesses, this //Ll,,~Y1 ~ ~ //B,~in.e-/ and 6 day of ~ , 2011. Notary ublic SEAL) calm wwt~~t+~o~:rE~,N:r vRlr~~ ~.-~- MBTARIAI SEAL H.er-ry F. Coyne, Notary PitbliC Page 8 of 8 Hampden Townsn~p, Cumberiand'Caun(~y My Commission Expires June 17, 2Qt7