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HomeMy WebLinkAbout08-16-12IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARY E. BITTER ORPHANS' COURT DIVISION NO.21-11-0476 PETITION TO ALLOW DISBURSEMENT OF BEQUEST TO MINOR BENEFICIARIES AND NOW, this day of August, 2012, comes the Petitioner, Patricia A. Sheriff, Executrix of the Estate of Mary E. Ritter, by her attorney Anthony L . DeLuca ~._, , , ~ ~, Esquire and avers the following: © ~- r.._ "_.a `.~~. ~ U:., .. ='=~ d_~ Petitioner is Patricia A. Sheriff, an adult individual who resides at 67 t t N ~I G ~ ~ ' _, ~ , . ~ _ ,, , ~f J Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. ~ ~~ ,_,; 2. Mary E. Ritter died on Apri12, 2011 and her Last Will and Testament was filed in the Office of the Register of Wills, in and for Cumberland County, Pennsylvania to Number 21-11-0476 on April 13, 2011. A copy of the Last Will and Testament of Mary E. Ritter, is attached, hereto, marked as Exhibit "A", and incorporated herein by reference. 3. Item 6 of the Will appoints the Petitioner, Patricia A. Sheriff, daughter of the decedent as the Executrix of her Last Will and Testament. 4. Item 3B. provided a bequest of two thousand dollars ($2,000.00) to each of her great grandchildre who were living at the time of her death. ;h 5. Two (2) of the decedent's great grandchildren are minors. They are Matthew D. Lemmon, age 15, born on September 26, 1996 who currently resides with his mother, Cheryl L. Zwigart, at 3723 Brisban Street, Harrisburg, Pennsylvania 17111 and Jillian R. Grimes, age 7, born on March, 13, 2006 who currently resides with her mother, Julie A. Grimes, at 100 Yate Street, Mt. Holly Springs, Pennsylvania 17065. 6. The Administration of the Estate is complete except for the disbursement of the bequests to Matthew D. Lemmon and Jillian R. Grimes. 7. The Petitioner desires to honor the bequests of two thousand dollars ($2,000.00) to each of the above great grandchildren by opening a Certificate of Deposit in that minor's name at a local bank and directing that neither the minor nor any other person be authorized to access the account until said minor child attains the age of eighteen (18) years. 8. At the time that each of the said minor children attains the age of eighteen (18) years, that child shall be entitled to redeem the full amount of the Certificate of Deposit and request that the bank issue a check in the full amount of the Certificate of Deposit to him or her. WHEREFORE, Petitioner respectfully requests that the Petitioner, Patricia A. Sheriff, Executrix of the Estate of Mary E. Ritter be authorized to select a local bank for the purpose of opening two (2) separate Certificates of Deposit in the amounts of two thousand dollars ($2,000.00) each; that all interest accrue to each account; that each account remain open until each minor child attains eighteen (18) years of age; and upon said child attaining eighteen (18) years of age the bank shall release all funds in that Certificate of Deposit to that child. Respectfully Submitted, ~'" ~ y C ,~ < <, Anthony L. DeLu ,Esquire ~ '~ 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6855 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition to Allow Disbursement of Bequest to Minor Beneficiaries are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~ ~.,~.--_.~- ~?'~ off'©/~ ~~c C-c: ;,.~ rATRICIA A. SHERIFF LAST WILL AND TESTAMENT OF MARY E. BITTER I, MARY E. BITTER, a resident of Silver Springs Township, Cumberland County, Pennsylvania being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ITEM 1: I direct that all my just debts, the expenses of my last illness and funeral expenses be paid as soon after my decease as the same can conveniently be done. ITEM 2: I direct that there shall be paid out of my residuary estate all estate, inheritance and like taxes together with any interest or penalty thereon imposed b the Y government of the United States, or any state or territory thereof, or by any foreign government or political subdivision thereof, in respect to all property required to be included in my gross estate for estate, inheritance or like tax purposes by any of such governments, whether the property passes under this Will or otherwise, excluding, however, any property over which I have a taxable power of appointment, provided, however, that no residuary beneficiary shall by reason of this provision be denied the benefit of any deduction, credit, favorable rate of tax or other benef t which bylaw enures to such beneficiary. ;c? ITEM 3: To the individuals listed below, I bequeath the followin ;~v ;~ 7 ~rr g I T ~~. r-- '~~, ~~ m ,_~~,~ '~~, L'~:,~ w MARY E~ BITTER ~ .~. ~('~ r .~ _ _~~ _~_~ rte, '~~ .> ;- _~ry L•7 O LAST WILL AND TESTAMENT OF MARY E. BITTER A. To each of my grandchildren who is living at the time of my death, the sum of Two Thousand Dollars ($2,000.00); B. To each of my great grandchildren who is living at the time of my death, the sum of Two Thousand Dollars ($2,000.00); and C. To my step-great grandson, ALEX PEARCE, if he shall survive me, the sum of Five Hundred Dollars ($500.00). ITEM 4: I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and nature, and wheresoever situate at the time of my death, in equal shares, unto my children, ROBERT C. BITTER, PATRICIA A. SHERIFF, and LINDA K. BITTER, provided, however, that they survive me and are living sixty (60) days after the date of my death. ITEM 5: If and in the event that a child. of mine does not survive me and is not living sixty (60) days after the date of my death, then and in such event, I give, devise and bequeath the interest in my estate, which such deceased child would have received, if living, to the issue of said deceased child, per stirpes. ITEM 6: I hereby nominate, constitute and appoint my daughter, PATRICIA A. SHERIFF, Executrix of this my Last Will and Testament, with full power to do any and ~~ ~ MARY ~ . BITTER 2 LAST WII,L AND TESTAMENT OF MARY E. BITTER all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of her in this or any other jurisdiction for her performance of this office. If and in the event that my daughter, PATRICIA A. SHERIFF, does not survive me and is not living sixty (60) days after the date of my death, or does not complete her duties as Executrix, then and in such event, I hereby nominate, constitute and appoint ROBERT C. BITTER and LINDA K. BITTER, Co-Executors of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of them in this or any other jurisdiction for their performance of this office. ITEM 7: If any provision of this Will or of any Codicil hereto is held to be inoperative, invalid or illegal, it is my intention that all the remaining provisions. thereof shall continue to be fully operative and effective, so far as is possible and reasonable. IN WITNESS WHEREOF, I, MARY E. BITTER, the Testatrix, have to this my Last Will and Testament, typewritten on four (4) consecutively numbered pages, subscribed my name and affixed my seal this ~b ~'~day of March, 2003. ~//Ic;~ ~.' `~ , ~. SEAL) MARY .BITTER 3 LAST WILL AND TESTAMENT OF MARY E. BITTER Signed, sealed, published and declared by the above named MARY E. BITTER, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and of each other. _ ' ' ~~~siding at o~ . ~ ~ ' fi ~~ ,~~ -.« residing at r ? ~ c4~ 4 CODICIL TO LAST WILL AND TESTAMENT OF MARY E. BITTER 1, MARY E. BITTER, of Carlisle, Cumberland County, Pennsylvania, do make ubl' declare this to be the first Codicil to the Last Will and Testament executed b m ~ p ish and 2003, in the presence of Anthony L. DeLuca, Esquire and Marjorie A. DeLuc y eon March 18, a. FIRST: I revoke and annul the bequest of $SOO.UO made to my step-great grandson, AL PF,ARCE, in ITEM 3 C. of my said Will and in lieu and substitution thereof I be uea EX X250.00 tom q th the sum of y granddaughter, CHERYL L. ZWIGART, and $250.00 to my grandson, DAVID S. SHERIFF. In all other respects I ratify and confirm all of the provisions of my said Will dated Marc 18, 2003. h IN WITNESS WHEREOF, I, MARY E. BITTER, subscribe my name, this ~ ~ ~~ da of Apri12004. - y `7Y1 ,~,`~,~ MARY E. TER C~ . `;~ ...; ,; J ..z7 ' r ~:Y• ;_ ~= ' : r ~- <~ G CODICIL TO LAST WILL AND TESTAMENT OF MCI' E. BITTER The foregoing instrument, consisting of this and one preceding typewritten pa a was s' published and declared b M g igned, y ARY E. BITTER, the Testatrix, to be the first Codicil to her bast Will and Testament in our presence, and we at her request and in her presence and in the each other have hereunto subscribed our names as Witnesses thisaa~~ day of A ril 20 presence of p 04. residing at - 1s'~ P /~,t,rG .r• i•rr~r ~ ~• ~'~,~ ~. ~. ~~ _ ~ ~ i~~~ /~~ ~~-~2GyL~ • ~.=--__ residing at _ '- ~ ~cf~