HomeMy WebLinkAbout07-19-12PETITION 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
tollowing and respectfully requests the grant of Letters in the appropriate form:
David Scott Witmer
Decedent's Information ~'~ Tb b -
Name: Essie J. Witmer File No: 21
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 0 711 2 /2 01 2 Age at Death: 69
Deceden[was domiciled at death in Cumberland County, pp (State) with his/her last
principal residence at 289 Fairview Street, Carlisle 77013 South Middleton Cumberland
Street atltlress, Post Office antl Zip Code City, Township or Borough County
Decedent died at 289 Fairview Street, Carlisle 17073 South Middleton Cumberland PA
Street atltlress, Post Office antl Zip Cotle City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ...................... All personal property $ 700.000.00
Ifnot domiciled in Pennsylvania ................ Personal property in Pennsylvania $
Hnot domiciled in Pennsylvania ................ Personal property in County $
Value of real estate in Pennsylvania ................................................................... $ 170,000.00
TOTAL ESTIMATED VALUE $ 270,000.00
Real estate in Pennsylvania situatatl at
(Attach adtlilronal sheets, i/necessary)
Street atltlress, POSt Office and Zip Cotle City, Township or Borough County
® A. Petition for Probate and Grant of Letters Tesf?mentarv
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 07/09/2012 and Codicil(s)
thereto dated
State relevant arcumatances (e.g., renunnahon, death o/executor, etc.)
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 (It applicable)
c.t.a., d.b.n., d.b.n.c. t.a., pedente life, tlurante absentia. tluranfe minorifate
If Administration, c.ta or d.b.n.c.t.a., enter date of Will in Section A above and omolete li=t of h it=.
Except as follows: Decedent was not a party to pending divorce proceedingg 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 atliudicated an incapacitated person.
^ NO EXCEPTIONS ^ EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following ouse (if any),~nd heirs (attach
additional streets, if necessary): o
Ha ~
Name Relationship Address '. r- ~? O
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland } ~.Ga~(~~~?~ , ~ y
REG,r,,,-:~ , ', ,~IIl~ i c
a1~ lt.;. •. .' ,t~a~~
Petitioner(s) Printed Name Petitioner(s) Printed Address G
David Scott Witmer 435 Walnut Bottom Road
Carlisle, PA 17013 ~l r.
RPH~N'S CJURT
The Petitioner(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 ce etiti r(s) will well and truly administer the estate according to law.
Sworn to or affirmed a d subscribed before ~ ~ Date '7~ l `1 ^ ZCr 7
me thi da o ~ Date
By: Date
th rster
Date
BOND Required? ^ YES
FEES:
Letters ..........................................
( 4 )Short Certificate(s).........
( )Renunciation(s) ..............
( )Codicil(s) ........................
( )Affidavit(s) ......................
Bond .............................................
Commission ..................................
f NO
$ I~
•16.00
To the Register of Wills:
Please enter my appearence by my signature below
Other
Automation Fee ............................ ~
JCS Fee ....................................... ~ _,S(
TOTAL ......................................... $ 46'C~
3C ~•'~
AttorneySignature:
Printed Name ry L. J mes Esq.
Supreme Co
ID Number: 7752
Firm Name: James, Smith, Dietterick 8 Connelly, LLP
Address: 134 Sipe Avenue
Hummelstown, PA 17036
Phone: 7171533-3280
Fax: 7171533-2795
E-mail: glj@Jsdc.com
~ DECREE OF THE REGISTER
Date of Death: 07N 212012
Social Security No: 161.3 - 8
Estate of Essie J. Witmer File No: 21 O
a/k/a:
AND NOW, , in consideration of the foregoing Petition,
satisfactory proof havin ee resented before me, IT IS DECREED that Letters Testamentary
are hereby granted to id Scott Witmer
in the above estate and (if applicable) that the instrument(s) dated 0710912012
described in the Petition be admitted to probate and filed of record as the ill (andjCodicjl(s f Decedent.
Copyright (c) 2011 form software only Tha Lacer er Group,
ISTRAR'S CERTIFICATION OF DEATH
RF-~~~~~Ift~Gr is illegal to duplicate this copy by Photostat or photograph.
Fce for this certificatgL~$6.~I~ ~ ~ ~~ ~~; ~g
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pRPHAr;'S CDURT
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Certification Number
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This is to certify that the information here given is
correctly copied fmm an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be li>rwarded to the State Viral
Records Oflice for permanent filing.
~~',~. ~~~j,\„~,,E,,,,~- JILL 1 3/2012
Local RLegistrar ~ Date Issued
OF PENNSYLVgNIq • pEPARTMENT OF HEg3TH VITAL RECORpi
GERTIFIGOTE ~F ~EATN
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EV pT 143
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LAST WILL AND TESTAMENT
OF
ESSIE J. WITMER
I, ESSIE J. WITMER, having my legal residence at 289 Fairview Street, Carlisle,
Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament, revoking
all other wills and codicils heretotbre made by me.
ro~
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ARTICLE ONE ~
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I declaze that I am not married. ~ ~ n ,
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ARTICLE TWO `~i~
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I have one child whose name and birth date aze as follows: m
Name Birth Date
DAVID SCOTT WITMER October 30, 1972
Any references in this Will to my descendants aze to my child and his descendants acid to
any other children subsequently born to or adopted by me.
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 memorandum be
followed. To the extent that my tangible personal property is not disposed of by memorandum, 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 eyuipment and collections,
wearing appazel, and other articles of personal and household use, equipment and ornament, and all
insurance thereon shall be distributed with the residue of my estate.
ARTICLE FIVE
My Executor shall make the following specific distributions as soon as practical following
my death:
A. Ten Thousand ($10,000.00) Dollars to my friend, SUE FRY. If SUE FRY is
deceased, this specific distribution shall lapse and be distributed with the residue of my estate.
B. Forty Thousand ($40,000.00) Dollars to my grandson, BENJAMIN M. WITHER.
If BENJAMIN M. WITHER is deceased, this specific distribution shall lapse and be distributed
with the residue of my estate.
ARTICLE SIX
I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, to my child, DAVID SCOTT WITHER, provided he survives me by thirty (30) days. If he
fails to survive me by thirty (30) days, his shaze shall be distributed to his descendants, per stirpes,
provided they survive me by thirty (30) days.
2
ARTICLE SEVEN
If at any time there is no beneficiary entitled to receive all or any part of my estate, my estate
shall be distributed one-half to those persons who would inherit it had I died intestate owning such
property and one-half to those persons who would inherit it had my deceased spouse, GEORGE
WITMER, died intestate owning such property, as determined and in the proportions provided by
the laws of Pennsylvania then in effect.
ARTICLE EIGHT
If any portion of my estate is distributable to a beneficiary who is then under the age of 25
yeazs, my Executor may distribute that beneficiary's shaze, without fwther responsibility, either
directly to that beneficiary, to a qualified individual (including himself or herself) or trust company
designated by my Executor as custodian for that beneficiary under an applicable Uniform 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 dischazge my Executor.
ARTICLE NINE
No beneficiary or remainderman under this Will or any codicil hereto or any trust created
hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or
any codicil hereto 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.
3
ARTICLE TEN
A. Restrictions on Use of Qualified Retirement Plans.
Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or
Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be
disqualified 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 Qualified Retirement Plan or
IRA assets.
B. Restrictions on Certain Payments from Qualified Retirement Plans.
The "designation date" shall mean September 30 of the calendar year following the
calendar year in which my death occurs, or such other date as shall be established by Treasury
Regulations or other tax law authority as the final date for determining whether my estate meets
the requirements for treatment of my oldest beneficiary as if he or she had been named directly
as beneficiary of any qualified retirement plan payable to my estate.
Notwithstanding any other provision of my will or state law to the contrary, on or after
the "designation date" no distribution to or for the benefit of my estate, any charity or any other
non-individual beneficiary shall be made from any qualified retirement benefit payable to a trust
created under my will. It is my intent that all such qualified retirement benefits held by or
payable to my estate on or after the designation date be distributed to or held for only individual
beneficiaries, within the meaning of Section 401(a)(9) of the Internal Revenue Code of 1986, as
amended and supplemented (the "Internal Revenue Code").
4
Accordingly I direct that qualified retirement benefits not be used or applied on or
after the designation date for payment of my debts, taxes, expenses of administration or
other claims against my estate or for payment of estate, inheritance or similar transfer
taxes due on account of my death (other than those directly attributable to and the legal
obligation of a particular Qualified Retirement Plan). This paragraph shall not apply to
any bequest or expense that is specifically directed to be funded with qualified retirement
benefits.
C. Minimum Required Distribution
In administering any trust or custodial account created under my Will that becomes the
beneficiary of death benefits under any qualified retirement plan, the minimum required
distribution for each qualified retirement plan for any year is the greater of (1) the value of the
qualified retirement plan determined as of the preceding year-end, divided by the applicable
distribution period; and (2) the amount that my trustee or custodian is required to withdraw under
the laws then applicable to the trust to avoid penalty.
If I die before my required beginning date with respect to the qualified retirement plan,
the applicable distribution period means the life expectancy of the beneficiary. If I die on or
after my required beginning date with respect to a qualified retirement plan, the applicable
distribution period means the life expectancy of the beneficiary, or (if longer) my remaining life
expectancy.
Notwithstanding the foregoing, if I die on or after my required beginning date with
respect to a qualified retirement plan, the minimum required beginning date with respect to a
qualified retirement plan, the minimum required distribution for the year of my death means (a)
5
the amount that was required to be distributed to me with respect to the qualified retirement plan
during the year, minus (b) amounts actually distributed to me with respect to the qualified
retirement plan during the yeaz.
"Life expectancy," "required beginning date" and other similar terns used in this
subsection, is to be determined in accordance with Section 401(a)(9) of the Internal Revenue
Code.
D. Tax Elections.
In exercising any permitted elections regarding taxes, my Executor or custodian, as
applicable, may make such decisions as they deem to be appropriate in all the circumstances and
my Executor or custodian, as applicable, shall be under no duty to make any compensatory
adjustment as a consequence of any such election. My Executor or custodian, as applicable, may
also execute such joint tax returns and pay such taxes or interest and deal with any tax refunds,
interest, or credits as he, she or it shall deem necessary or advisable, whether in the interest of the
other joint tax payer or in the interest of my estate.
My Executor, in his, her or its sole discretion, may elect to have all, none, or part of the
property comprising my estate for federal estate tax purposes qualify for the federal estate tax
marital deduction as qualified terminable interest property under Section 2056(B)(7) of the
Internal Revenue Code (the "QTIP election") and for any state death tax mazital deduction under
the law of any state (the "state QTIP Election"). My Executor is not required to make the same
election for both federal estate tax purposes and for state death tax purposes. If my Executor
makes a partial QTIP election, my Executor shall divide the estate on the basis of the fair market
value of the assets of the trust at the time of the division.
6
ARTICLE ELEVEN
I appoint my child, DAVID SCOTT WITMER, as Executor of my Will. If he is unable or
unwilling to serve, I appoint my son's spouse, STEPHANIE A. WITMER, as Executor of my Will.
If she is unable or unwilling to serve, I appoint my brother-in-law, MICHAEL L. WITMER, as
Executor of my Will. I give to my Executor, in addition to and not in limitation of the powers given
by law or by other provisions of this Will, the following powers with respect to settlement of my
estate to be exercised from time to time in the discretion of my Executor, without further order or
license of the Register of Wills or of any court:
1. To 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
compromise 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, azbitrate or abandon claims;
4. To make distributions in cash, or in kind at current values, or partly in each,
allocating specific assets to particulaz distributees on a non-prorate 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 which persons of
prudence, discretion and intelligence acquire for their own accounts;
7
7. To manage, control, repair and improve all real property;
8. To 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 any
hazard;
9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in
the collection, care, administration and protection of the estate;
10. To exercise such powers, herein conferred, after the termination of the trust estate
until final distribution of the estate assets; and
11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers
and privileges which an absolute owner of the property would have, subject always to the discharge
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 error of judgment made in good faith.
My Executor shall receive reasonable compensation for services performed as determined
by the court in which this Will is admitted to probate.
ARTICLE TWELVE
I realize that Executors aze given discretion by law to make various elections which affect
the income and estate taxes payable by estates and beneficiaries, as we11 as the relative shares of
8
beneficiaries, such as taking administration expenses as deductions for either estate or income tax
purposes, selecting options for the payment of employee death benefits, electing to take a qualified
terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing
the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The
decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to
question 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 those payable by my
survivors, and they are authorized in their discretion, but not required, to make adjustments between
income and principal as a result thereof.
ARTICLE THIRTEEN
I direct that all estate, inheritance and other taxes in the nature thereof, together with any
interest and penalties thereon, becoming payable because of my death with respect to the property
constituting my gross estate for death tax purposes, whether or not such property passes under this
Will, 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 refund 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 power of appointment
thereover which 1 possess but have not exercised or on any qualified terminable interest or to any
generation-skipping transfer taxes.
[SIGNATURE APPEARS AS FOLLOWS]
9
IN WITNESS WHEREOF, I have at Carlisle, Pennsylvania, this C ~ of
2012, set my hand and seal to this my Last Will and Testament, consisting often
(10) pages.
ESSIE J. WITMER
SIGNED, SEALED, PUBLISHED and DECLARED by ESSIE J. WITMER, 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 names as
wi nesses. ~~ ~ ~ ~~
~_ Residence ~.~ca J 7 C+C.. .
1L~(~Y.l?~DK-v- Residence ~~CL,
10
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, ESSIE J. WITMER, ~•~~~~ ~~ and
~r}r{-IV )YI~~E~Zmor-T ,Testatrix and witnesses, respectively, whose names aze signed to
the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the Testatrix signed and executed the instrument as her Last Will 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 Testatrix, signed the
Will as witnesses and that to the best of his/her knowledge the Testatrix was at that time eighteen
yeazs of age or older, of sound mind and under no constraint or undue influence.
TESTATRIX
`~___«-`~I `~
WITNE S
Z~m~~~
WITNESS
Subscribed and sworn to and acknowledged before me_ by ESSIE ,J. WITMER, the Testatrix,
and subscribed and sworn to before me by ~7~/f~~n and
~T~ ~~ El~irty ~T ,witnesses, on this ~~~ 9 _
`ate ~~ .~~ ~~~
Notary Public
COMMONWEALTH OF' PENNSYLVANIA
Notarial Seal
Linda L. Fetterhoff, Nokary Public
Derry Twp., Dauphin County
MY Commis,ion Fxplres Nov. 8, 2015
MEMBER VENNSYl4AN~ gSW(7ATION OF NOTAR(E$