HomeMy WebLinkAbout03-13-13PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF ~~,n der/Q~r d COUNTY, PENNSYLVANIA
Petitioner(s) named below, who isilr~ 18 years of age or older. apply(ies) for Letters as specified belo~~. and in
support thereof aver(s) the following an~i respectfully requests j the grant of Letters in the appropriate form:
Decedent's Information
Name: - ry1• /~ /~l. L/JlSe
a/k/a:
a/k/a:
a/k/a:
Date of Death: d?/~P ~-D/3
Decedent was domiciled at death ink /S~v/'~~~ County,
principal residence at _ ~o~;j"Wes /c Gr ,D r. /110~~.~., ... ~ ~
Street address, Post Offi1ce Snd Zip Code
Decedent died at ~a ~~ .S~.r~ J y s,D
Street address, Post Office and Zip C
Estimate of value of decedent's property at death:
File No•
(Assigned by Register)
21 13 o3oa.
Social Security No: ~D~ 'O 3 ~O/7~
Age at death: 9 3
City,
City, Township or Borough
' (Scare) with his/her last
' ~ - ,~~ d
or Bor~o/ugh ! Country
County State
If domiciled in Pennsylvania ............................ All personal property $
If not domiciled in Pennsy!vania... ...................... Personal property in Pennsylvania $
If not domiciled in Pennsy!vania ........................ Personal property in County $
Value of real estate in Pennsylvania ......................................................... $
TOTAL ESTIMATED VALUE.... $ / 9(s . Gtr1
Real estate in Pennsylvania situated at:
(Attach additional sheets, ifnecessary.)
Street address, Post Office and Zip Code City, Township or Borough County
~A. Petition for Probate and Grant of Letters Testamentary /~
Petitioner(s) aver(s) helshe/they is/are the Executor(s) named in the last Will of the Decedent, dated _ UeC. o?.~ ~~ and Codicil(s)
thereto dated
State relevant circumstances (e.g. renunciation, death ojexect~tar, 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 (If applicable)
c.t.u., d.b.n., d.b.n.c.ta., pendente lite, durunte absentiu, durante minoritate
If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a parry to a pending divorce proceeding wherein the grounds f~iivorce had be~~stablished~ defined
in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated sow c~ ~ rr1
^ NO EXCEPTIONS ^ EXCEPTIONS Cp ~ ~ ~
Petitioner(s), after a proper search has/have ascertained that Decedent left no W ill and was survived by tC~t'olwi~pou~f any}a~d 1~s (attach
uclditionul sheets, if necessary): ~ ~ W ~ l h~
~ ~
Name Relationshi ~A~'reT9 ~' `~
Y
,..~..r
G~
C_..... nrwin~ ......,,.,,. n___ t _C~1
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
} ss:
COUNTY OF }
Officia~Use Only
.~~ ° `'`.' rn
m ~ c, ~ 07
.~ '
Petitioner(s) Printed Name Petitioner(s) Prin r ss ~'
uw ~l
- .:~ -~
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are tnie and correct to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Decedent, the Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subs~ri ed before Date /
me this thday o ~ , i2D/~ Date
By: Date
For a egister Date
BOND Required: Q YES Q NO
FEES:
Lett r ...................... $ ` ~ ~
( )Short Certificate(s)...... U
( )Renunciation(s)......... ~
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ................. .
~ -DQ
fq•Lr .......
.....y
Automation Fee ...............
JCS Fee . .................... ~
TOTAL ..................... $ '"'~UO__
To the Register of Wills:
Please enter my appearance by my signature below:
Attorney Signature:
Printed Name:
Supreme Court
ID Number:
Firm Name:
Address:
~~ ~~
DECREE OF THE REGISTER
Estate of ~ ~ ~ , j' File No: ~~~ :L
~-
a/k/a:
AND NOW, /(,/~ ~~~ ~ , in consi do of the fore oing Petition,
satisfactory proof having been presented before me, IT IS DECREED ~at Le,~te~s ~
the instrument(s) dated J ~(r e /'Y~ .b~'~~ ~~ ~ y ~ (a
described in the Petition be admitted to probate and filed of record ~ the last Will (end Codicil(s)) of D~c dent.
Register of Wills
Form RW-02 rev. 10/11/2011 ~ Palo
H105.805 REV (9/Il)
~
21 l3 -o3oa-
RENUNCIATION ~,
c ~,
~~
REGISTER OF WILLS m ~ ~
r COUNTY, PENNSYL~~
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Estate of
Deceased
nn / ~ //
I, ~/O/'IQ /G~ ~' - /~l'L~/, /C ~° ~ , in my capacity/relationship as
(Print Name)
~J'rD~'~c°_ /~' of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
(Date)
(Signature)
~~,~~1~i1'~~~
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirme~and subscribed
befor me this ~ day
of
Deputy for Register of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of ,
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
~ s~
...~~~.r -•y~
C~5 C,~
"~'t
Form RW-06 rev. 10.13.06
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rn
LAST WILL
OF
EMILY M. WISE
Donn L. Snyder, Esquire
BOSWELL, SNYDER, TINTNER & PICCOLA
315 North Front Street
Harrisburg, Pennsylvania 17101
TABLE OF CONTENTS
LAST WILL AND TESTAMENT
OF
EMILY M. WISE
Introductory Clause ............................................ 1
ITEM I
Direction to Pay Debts ......................................... 1
ITEM II
Direction to Pay All Taxes from Residuary Estate ..................... 1
ITEM III
Cash Legacy ................................................. 1
ITEM IV
Cash Legacy ................................................. 1
ITEM V
Cash Legacy ................................................. 2
ITEM VI
Cash Legacy ................................................. 2
ITEM VII
Outright Gift of Residuary ....................................... 2
ITEM VIII
Naming the Personal Representative, Personal Representative Succession,
Personal Representative's Fees and Other Matters ................ 2
(1) Naming an Individual Personal Representative ................... 2
(2) Naming Individual Successor or Substitute Personal Representative ... 2
(3) Fee Schedule for Individual Personal Representative .............. 3
ITEM IX
Definition of Personal Representative .............................. 2
ITEM X
Powers for Personal Representative ................................ 3
ITEM XI
Provision for Personal Representative to Act as Trustee for Beneficiary
Under Age Twenty-One ................................... 3
ITEM XII
Discretion Granted to Personal Representative in Reference to Tax
Matters ................................................ 4
ITEM XIII
Definition of Words Relating to the Internal Revenue Code .............. 4
ITEM XIV
Statement by Testatrix of Intent Not to Exercise Power of Appointment ..... 5
Testimonium Clause ........................................... 5
Attestation Clause ............................................. 5
11
LAST WILL AND TESTAMENT
OF
EMILY M. WISE
Introductory Clause. I, Emily M. Wise, a resident of and domiciled in the City of
Harrisburg, County of Dauphin and Commonwealth of Pennsylvania, do hereby make,
publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils at any time heretofore made by me.
ITEM I
Direction to Pay Debts. I direct that all my legally enforceable debts, secured and
unsecured, be paid as soon as practicable after my death.
ITEM II
Direction to Pay All Taxes from Residuary Estate. I direct that all estate,
inheritance, succession, death or similar taxes (except generation-skipping transfer taxes)
assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest
or devise contained in this my Last Will (which term wherever used herein shall include any
Codicil hereto), or on any insurance upon my life or on any property held jointly by me with
another or on any transfer made by me during my lifetime or on any other property or
interests in property included in my estate for such tax purposes be paid out of my residuary
estate and shall not be charged to or against any recipient, beneficiary, transferee or owner
of any such property or interests in property included in my estate for such tax purposes.
TTF M TTT
Cash Leg_acX. I give and bequeath to William Morris Markley of Camp Hill,
Pennsylvania, if he shall survive me, the sum of Five Thousand Dollars and No Cents
($5,000.00) .
ITEM IV
Cash LegacX. I give and bequeath to Michelle Suzanne Markley, of Camp Hill,
Pennsylvania, if she shall survive me, the sum of Five Thousand Dollars and No Cents
($5,000.00) .
1
TTF M V
Cash LegacX. I give and bequeath to Peter Michael Markley, of New Cumberland,
Pennsylvania, if he shall survive me, the sum of Five Thousand Dollars and No Cents
($5,000.00). If he shall not survive me, then I give and bequeath such sum to Melissa
Markley, his wife, of New Cumberland, Pennsylvania, per stirpes.
TTF M VT
Cash LegacX. I give and bequeath to Karen Maria Markley, of Camp Hill,
Pennsylvania, if she shall survive me, the sum of Five Thousand Dollars and No Cents
($5,000.00) .
ITEM VII
Outright Gift of ResiduarX. I give, devise and bequeath all the rest, residue and
remainder of my property of every kind and description (including lapsed legacies and
devises) wherever situate and whether acquired before or after the execution of this Will,
to Donald E. Markley and Ann E. Markley, or the survivor of them, per stirpes.
ITEM VIII
Naming the Personal Representative, Personal Representative Succession, Personal
Re,presentative's Fees and Other Matters. The provisions for naming the Personal
Representative, Personal Representative succession, Personal Representative's fees and
other matters are set forth below:
(1) Naming an Individual Personal Representative. Ihereby nominate, constitute,
and appoint as Personal Representative of this my Last Will and Testament Donald E.
Markley and direct that he shall serve without bond.
(2) Naming Individual Successor or Substitute Personal Representative. If my
individual Personal Representative should fail to qualify as Personal Representative
hereunder, or for any reason should cease to act in such capacity, the successor or substitute
Personal Representative who shall also serve without bond shall be Ann E. Markley.
(3) Fee Schedule for Individual Personal Representative. For its services as
Personal Representative, the individual Personal Representative shall receive reasonable
compensation for the services rendered and reimbursement for reasonable expenses.
2
TTF M TX
Definition of Personal Representative. Whenever the word "Personal Representative"
or any modifying or substituted pronoun therefor is used in this my Will, such words and
respective pronouns shall include both the singular and the plural, the masculine, feminine
and neuter gender thereof, and shall apply equally to the Personal Representative named
herein and to any successor or substitute Personal Representative acting hereunder, and
such successor or substitute Personal Representative shall possess all the rights, powers and
duties, authority and responsibility conferred upon the Personal Representative originally
named herein.
TTF M X
Powers for Personal Representative. Byway of illustration and not of limitation and
in addition to any inherent, implied or statutory powers granted to Personal Representatives
generally, my Personal Representative is specifically authorized and empowered with respect
to any property, real or personal, at any time held under any provision of this my Will: to
allot, allocate between principal and income, assign, borrow, buy, care for, collect,
compromise claims, contract with respect to, continue any business of mine, convey, convert,
deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine,
invest, lease, manage, mortgage, grant and exercise options with respect to, take possession
of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or
in kind or partly in each without regard to the income tax basis of such asset, and in general,
to exercise all the powers in the management of my Estate which any individual could
exercise in the management of similar property owned in his or her own right, upon such
terms and conditions as to my Personal Representative may seem best, and to execute and
deliver any and all instruments and to do all acts which my Personal Representative may
deem proper or necessary to carry out the purposes of this my Will, without being limited
in any way by the specific grants of power made, and without the necessity of a court order.
ITEM XI
Provision for Personal Representative to Act as Trustee for Beneficiary Under Ag_e
Twenty-One. If any share or property hereunder becomes distributable to a beneficiary who
has not attained the age of Twenty~ne (21) years or if any real property shall be devised
to a person who has not attained the age of Twenty-one (21) years at the date of my death,
then such share or property shall immediately vest in the beneficiary, but notwithstanding
the provisions herein, my Personal Representative acting as Trustee shall retain possession
of the share or property in trust for the beneficiary until the beneficiary attains the age of
Twenty-one (21), using so much of the net income and principal of the share or property
as my Personal Representative deems necessary to provide for the medical care, education,
support and maintenance in reasonable comfort of the beneficiary, taking into consideration
to the extent my Personal Representative deems advisable any other income or resources
of the beneficiary or his or her parents known to my Personal Representative. Any income
3
not so paid or applied shall be accumulated and added to principal. The beneficiary's share
or property shall be paid over, distributed and conveyed to the beneficiary upon attaining
age Twenty-one (21), or if he or she shall sooner die, to his or her personal representatives.
Whenever my Personal Representative determines it appropriate to pay any money for the
benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be
paid out by my Personal Representative in such of the following ways as my Personal
Representative deems best: (1) directly to the beneficiary; (2) to the legally appointed
guardian of the beneficiary; (3) to some relative or friend for the care, support and
education of the beneficiary; (4) by my Personal Representative using such amounts directly
for the beneficiary's care, support and education. My Personal Representative as trustee
shall have with respect to each share or property so retained all the powers and discretions
conferred upon it as Personal Representative.
TTF M XTT
Discretion Granted to Personal Representative in Reference to Tax Matters. My
Personal Representative as the fiduciary of my estate shall have the discretion, but shall not
be required when allocating receipts of my estate between income and principal, to make
adjustments in the rights of any beneficiaries, or among the principal and income accounts
to compensate for the consequences of any tax decision or election, or of any investment or
administrative decision, that my Personal Representative believes has had the effect, directly
or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided,
however, my Personal Representative shall not exercise its discretion in a manner which
would cause the loss or reduction of the marital deduction as maybe herein provided. In
determining the state or federal estate and income tax liabilities of my estate, my Personal
Representative shall have discretion to select the valuation date and to determine whether
any or all of the allowable administration expenses in my estate shall be used as state or
federal estate tax deductions or as state or federal income tax deductions.
The term "per stirpes" as used herein has the identical meaning as the term "taking
by representation" as defined in the Pennsylvania Probate Code.
ITEM XIII
Definition of Words Relating to the Internal Revenue Code. As used herein, the
words "gross estate," "adjusted gross estate;' "taxable estate," "unified credit;' "state death tax
credit;' "maximum marital deduction;' "marital deduction;' "pass," and any other word or
words which from the context in which it or they are used refer to the Internal Revenue
Code shall have the same meaning as such words have for the purposes of applying the
Internal Revenue Code to my estate. For purposes of this Will, my "available generation-
skipping transfer exemption" means the generation~skipping transfer tax exemption provided
in section 2631 of the Internal Revenue Code of 1986, as amended, in effect at the time of
my death reduced by the aggregate of (1) the amount, if any, of my exemption allocated to
lifetime transfers of mine by me or by operation of law, and (2) the amount, if any, I have
4
specifically allocated to other property of my gross estate for federal estate tax purposes.
For purposes of this Will if at the time of my death I have made gifts with an inclusion ratio
of greater than zero for which the gift tax return due date has not expired (including
extensions) and I have not yet filed a return, it shall be deemed that my generation-skipping
transfer exemption has been allocated to these transfers to the extent necessary (and
possible) to exempt the transfer(s) from generation-skipping transfer tax. Reference to
sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the
Internal Revenue Code amended to the date of my death.
ITEM XIV
Statement by Testatrix of Intent Not to Exercise Power of Appointment. I hereby
refrain from exercising any power of appointment that I may have at the time of my death.
Testimonium Clause. IN WI~NESS WHEREOF, I have hereunto set my hand and
affixed my seal this ~ ay of ,~ g;f, , 1996.
' (SEAL)
EMILY WIS
Attestation Clause. The foregoing Will was this ~ ~' day of p ,1996, signed,
sealed, published and declared by the Testatrix as and for her ast Will and Testament in our
presence, and we, at her request and in her presence, and in the presence of each other, have
hereunto subscribed our names as witnesses on the above date.
of
ti, of
5
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
We, Emily M. Wise, and Donn L. Snyder and Sybil A. Miller ,
the Testatrix and the witnesses, respectively, whose names are signed to the attached or
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 (or willingly directed another to sign for her), and that she executed it as
her free and voluntary act for the purposes therein expressed, and that each of the witnesses,
in the presence and hearing of the Testatrix, and in the presence of each other, signed the
Will as witness and to the best of our knowledge the Testatrix was at that time eighteen
years of age or older, of sound mind, and under no constraint or undue influence.
S~' b ~
~7
EMIL M. S
Wi Hess, Donn L . S
Witnes~ Sybil A. Miller
Subscribed, sworn to, and acknowledged before me by Emily M. Wise, the Testatrix
and subscribed and sworn to before me by Donn z. SnV~Pr and
Sybil A. Miller ,witnesses, this 23rdday of Dece ,er , 1996.
r y ~.~ /~ (Seal)
N tart' Public for Penn vania
My Commission Expires:
NOTA9IAL ~EhL
Maronetta F.1~4i!ler, Notary Public
r.
Harrisirurg, PA DauRhin County
My ~io!°niri.,si!}a~1 Fx~ires Jan. i 0, ?G00