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Home My WebLink About06-10-13 - - -- __ _ _ .�,� PETITION FOR GRANT OF LETTERS REGISTER OF W ILLS OF C u m b e r 1 a n d COIJNTY, PENNSYLV ANIA 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 request(s}the grant of Letters in the appropriate farm: Decedent's Information ` t Name: M i c h a e 1 T •_ R u p e r t File No: �U 3 - ��[� �a: J_ _ (Assigned by Register) a/k/a --_ �a: Social Security No: Date of Death: 5/5/2 013 Age at death: 7 2 _ Decedent was domiciled at death in C u m b e r 1 a n d County, P A — (State) with his/her last principal residence at 12 Cherish Drive 17D11 East Pennsboro rownsniR Cumberland _ Street address,Post Office and Zip Code City,Township or Borough Counry Decedentdiedat 120 S • Filbert St 17055 Mechanicsburg Cumberland PA Street address,Post Office and Zip Code City,Township or Borough Counry State Estimate of value of decedent's propeny at death: !f domiciled in Pennsy[vania................................All personal property $ 5�0�� • 0� lfnot domiciled in Pennsy[vania.............................Persona]property in Pennsylvania $ Ifnot domiciled in Pennsy(vania.............................Personal property in Counry $ — Value of real estate in Pennsy[vania........................... ........................... $ TOTAL ESTIMATED VALUE.... $ 5� 000 • 00 Real estate in Pennsylvania situated at: � (Atmch addrtional sheets,if nece.csary.) Street address,Post OfTice and Zip Code City,Tawnship or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/aze the Executor(s)named in the last Will of the Decedent,dated 5/3/2 011 and Codicil(s) thereto dated __�_ � State relevant circumstances(e.g.renunciatian,death of executor,etc.) Except as follows:afrer 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 bom 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(lfapplicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentra,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and comnlete list of heirs. Except as follows: Decedent was not a party to a pendin$divorce proceeding 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 incapacitated person. 0 NO EXCEPTIONS ❑EXCEPTIONS � � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follo�g�puse(if an�and I�eiTs�tach addrtional sheets, if necessar��J: � �7 E?' Cy 'L' � � � Name Relationship n�?SSr ►--' r,y m ---- — � � � .a . j� Q �7 -- --�) � _„°[ � � f._a i .. � ,...... -.. � � � a �� T'orm RW-02 rev. lOi11-2011 Page 1 Of 2 ._ .. ._. _ . .. . . _. - . .. ._ ._ ._ .._ _ _ _ . . ._ . .. _ ._ .,A..q .. __ . Oath of Personal Representative Ot�icial Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTYOF Cumberland _ } �: ; ,.•r Petitioner(s)Printed Name Petitioner(s)Prin e re s '�' 12 Cherish Drive '�13 JUN 10 �� j Patricia M . Branaff Cam Hill ��F ��011 CLERK v�= ORPNANS' COURT 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 PeNtioner(s)and that,as Personal Representative(s)of the Dece t,the Petitioner(s)will well and truly administer the estate according to law. � � Sworn to o affirmed and_subscribed befor�li�2 — �._..�D --p70/�,'� — Date me t �s day o �ua✓ / _ pate _ By — Date For the Register Date BOND Reqaired: i� YES � NO To the Register of Wilds: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . . $ �Vv Attorney Signature: ( )Short Certificates(s) . . . . . . _�_�__ ( )Renunciation(s) . . . . . . . . . . ( )Codicil(s) . . . . . . . . . . . . . . ` ( )Affidavit(s). . . . . . . . . . . . . _ Bond Printed Name: D a V 1 . S t o n e , E S U 1 r 2 Commission . . . . . . . . . . . . . . . . . . . . Supreme Court �qer , . , , , , , , , IDNumber: 39785 .�"'� (� - �n��,,�� " � ' : : ; � FirmName: StOn2 LaFaver & Shekletski r��m-�--- � � ' � � � Address: 414 B r i d e S t r e e t . . . . . . . . . �- P • 0 • BoxgE � � � � � � � � � - New Cumberland PA 17070 ' � � � � � � � � � Phone: ?17-774-7435 -� � � � � � � � � Fax: 717-774-3869 AutomationFee . . . . . . . . . . . . . . . . . .�— —�___ Ema;�: dstoneastonelaw• net JCS Fee . . . . . . . . . . . . . . . . . . . . . . . �_5 ToTnr. . . . . . . . . . . . . . . . . . . . . . .$ _1�3�6d DECREE OF THE REGISTER EstateofMiChael T • Rupert FileNo: ��-(J� ��Y a/k/a: AND NOW, �,(,�� , Z_��_ , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters T e s t a m e n t a r y __ are hereby granted to P a t r i e i a M • B r a n o f f _ � in the above estate and(if applicable)that the instrument(s)dated 5/3/2 011 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Register of Wills� �� Fbrm RW-02 rev. ]0�7l-201! � ge 2 Of 2 _ . _ _ _ _ _A^., - H105.805 REV(9/11) _ _ _ � �; ,.�„ ..,�-,r c � �;; 3' O �� rnca '` � �'.' p7r � � �`?' C, m y c� __- c� �.. � �i �-- —.�i c:�� . r-- � � �-� �,��r �� v� �� . � . �; �, :-, LAST WILL AND TESTAMENT �' �"� <� =�' —� OF ` , �:' � � t;: MICHAEL T. RUPERT `.W, -� ' � � �� .,. �.V' V.� f',.7 _1� "�: I,Michael T. Rupert, a resident of Camp Hill, Pennsylvania declare this to be rny Last Will and revoke all former Wills and Codicils. ARTICLE I Identification of Familv At the present time I am unmarried. In making this Will I have in mind my one child,Bonnie L. Hott,born 1968, but does not include any children hereafter born to or adopted by me. Any reference to a "child of mine" or "my children" shall include the persons named or referred to in this Article. A. Disinheritance Provision. I, intentionally and with full knowledge of the consequences, disinherit and omit any provision in my Will for the following child: my daughter, Bonnie L. Hott. Further, I intend that this disinheritance specifically defeat the application of any statutory heirship interest or any reference to child, children, descendants, heirs, or issue, in this Will, with respect to this child. ARTICLE II Aanointment of Fiduciaries A. Appointment of Personal Representative. I appoint my friend,Patricia M. Branoff, as Executor of my estate. If Patricia M. Branoff is or becomes nnable or unwilling to serve, I appoint my brother,Barry Rupert as alternate Executor. B. Bond; Court Supervision. My Executor shall have the right to serve without bond and to administer and settle my estate without the intervention or supervision of any court, except to the e�ent required by law. Nothing herein sha11 prevent my Executor from seeking the assistance of the court in any situation where my Executor deems it appropriate. ARTICLE III Disnosition of Residue l. Provision for Others. I give a11 of the rest and residue of my estate, wherever located(hereafter referred to in this Article as "residue"),to my friend, Patricia M. Branoff. If I am not survived by any party named in this provision, I give the entire residue to Barry Rupert. Will of Michael T.Rupert Page 1 of 5 Initial��i� �3 ate:__/�� - _ ��._- . _ �.,.,, . „ � : ARTICLE N Alternative Methods of Distribution A. Purpose of Article. Recognizing that under certain circumstances the terms of this Will may direct that properly be distributed outright to a person who is under age twenty-one (21) or under a legal disability; I make the following provisions to facilitate the distribution of property to such persons. B. Alternative Methods. Whenever the terms of this Will direct my personal representative(referred to in this Article as the "fiduciary")to distribute property outright to a person who is then under age twenty-one (21) or under a legal disability,the fiduciary may retain pwsuant to Pazagraph C. of this Article ar distribute all or any portion of that property in any one or more of the following ways: 1. Delivery directly to the beneficiary; 2. Delivery to the pazent or stepparent of the beneficiary; 3. Delivery to the guardian of the beneficiary's person or property; 4. Delivery to any Custodian for the beneficiary under the Unifarm Gifts to Minors Act; 5. Delivery to any then existing trust created for the beneficiary; 6. Depasit in a financial institution in an account established in the name of the beneficiary alone pursuant to the laws of the 5tate of Pennsylvania; 7. Storage of any tangible personal property in safekeeping with the costs of storage to be borne by the beneficiary; ar 8. Sale af any ta.ngible personal property and delivery of the proceeds in any manner permitted by this Article. Provided the fiduciary acts in good faith, upon delivery of any property in accordance with the provisions of this Article,the fiduciary shall be discharged from all responsibilities in connectian with the property. C. Discretionary Trust. Any property not distributed as provided in Paragraph B. of this Article shall be retained by the fiduciary in trust for the beneficiary on the following terms and conditions: During any period in which the beneficiary is under a legal disability or under twenty-one(21)years of age,the fiduciary shall pay to or apply for the benefit of the beneficiary so much of the income and principal of the trust as the fiduciary, in its sole and absolute discretion, determines is advisable for the Wili of Michael T.Rupert Page 2 of 5 Initials��//y�Date: � 3' // . _ ��. - ,. • L beneficiary's health, support, education and general welfare. At such time as the beneficiary is neither under a legal disability nor under age twenty-one(21),the fiduciary shall distribute any remaining trust assets to the beneficiary. If the beneficiary dies before all of the trust assets have been distributed,the fiduciary shall distribute any remaining trust assets to the beneficiary's estate. ARTICLE V Administrative Provisions A. Powers and Duties of Personal Representative. My personal representative shall have all of the powers and duties granted to or imposed upon personal representatives serving with non-intervention powers pursuant to the laws of the State of Pennsylvania. B. Debts and E�penses. All expenses of administration chargeable to principal,the expenses of the disposition of my remains, and all my legitimate debts, if and when paid, shall be paid from the principal of my residuary estate. No debt need be paid prior to its maturity in due course and except as otherwise provided in this Will no interest in any property passing under this Will need be exonerated. C. Tazes. All estate, inheritance or other similar death taa�es,together with any interest or penalties therean, arising by reason of my death with respect to any property includable in my taxable estate, and any adjusted taxable gifts, whether passing under or outside of this Will, shall be paid from the principal of my residuary estate without reimbursement from the recipients or beneficiaries of such property,provided, however,that in the event any proceeds of insurance upon my life or any property over which I held a power of appointment are included in my estate for purposes of deternuning the federal estate tax liability of my estate,then the residue of my estate shall be entitled to receive from the recipients of any such proceeds or property the portion of such federal estate tax liability attributable ta such proceeds or property determined in accordance with IRC §§ 2206 and 2207. ARTICLE VI Miscellaneous A. Number and Gender. Unless the conteart indicates a contrary intent, the plural and singular forms of words shall each include the other, and every noun and pronoun shall have a meaning that includes the masculine, feminine and neuter genders. B. Survival. To "survive" me, as that term is used in this Will, a person must continue to live for thirty (30)days after my death. C. Descendants. The "descendants" of an individual include only the following: Will of Michael T.Rupert Page 3 of 5 Initials: G��/f! Date: S ,3 // oe�r , , �- 1. All such individual's biological descendants, except any person not bom in lawful wedlock and his descendants, unless the biological parent who would otherwise cause him or her to be a descendant has acknowledged patemity or maternity in legitimation proceedings, or in an unambiguous signed writing identifying such person by name, or by raising such person in the same household; and 2. Persons adopted by such individual or one of his or her descendants, and their descendants. If the parent,who would cause a person to be a descendant as defined above, is replaced in an adoption proceeding, such person shall remain a descendant unless such parent valuntarily consents to the relinquishment of his or her status as parent in connection with such adoption proceedings. D. Heirs. The term "heirs" sha11 mean those persons entitled to inherit under the then-applicable laws of the State of Pennsylvania governing the descent of an intestate's separate estate. They shall inherit in their statutory proportions. E. Exclusion of Pretermitted Heirs. Other than as set forth in this VJill, I make no provision for any child of mine or descendant of a deceased child of mine. I specifically make no provision for any person(whether now living or hereafter born), other than a child named or referred to in Article 1 or a descendant of mine as defined in this Will,who may be entitled to claim an interest in my estate under the laws of the State of Pennsylvania. F. Legal Disability. A person is under a legal disability if my personal representative determines, in good faith,that the persan is incapable of managing his property or of caring for himself, or both,or is in need of protection or assistance by reason of physical injury or illness, mental illness, developrnental disability, senility, alcoholism, excessive use of drugs, or other physical or mental incapacity. G. Title to Real Property. Upon my death,title to any real property passing under this Will shall vest in my personal representative in his fiduciary capacity and shall rernain so vested until my personal representative distributes or sells that property, at which time title shall vest in the distributee or purchaser. H. Disclaimer. Except as may be otherwise specifically provided in this Will, in the event that any beneficiary disclaims an interest arising aut of this Wil1 or any trust created herein it is my intention that the interest disclaimed sha11 be distributed in the same manner and at the same time as if the disclaiming beneficiaty had died immediately preceding the event pursuant to the laws of the State of Pennsylvania. Will of Michael T.Rupert Page 4 of 5 Initials:/�Date: � 3 // - - . . _ �y_.,— _ . _ . T.,.� .. . t. I. Governing Law. The provisions of this Will shall be interpreted in accordance with and in light of the laws of the Sta.te of Pennsylvania. J. Corporate Successors. Whenever a corporation or other business entity is referred to herein,the reference shall include any successor organization. K. References to Statutes. In this Will, the abbreviation "IRC" shall refer to the Internal Revenue Code of 1986 as amended. I have initialed and dated for identification purposes all pages of this, my Last Will, and have executed the entire instrument by signing this page on the�day of , ZO�, at � �/ Pennsylvania. � ichael T. Rupe Attestation and Statement of Witnesses Each of us declares under penalty of perjury under the laws of Pennsylvania that Michael T. Rupert, the Testator, signed this instrument as his Last Will in our presence, all of us being present at the same time, and we now, at the Testator's request, in the Testator's presence, and in the presence of each other, sign below as the witnesses, declaring that the Testator appeazs to be of sound mind and under no duress, fraud, or undue influence. . . X ��-�- �, �Q,�� [Witness Signature] [Wimess Signature] ��r;�.�� nn. rav�o�� < t�:� �� -�,�•�� F� [Print Name] [Print Name] Residing at j� t> ��_ Residing atX � 0 Q�1 L Q�5� �2 ' C��•n :lt � ��a� , Will of Michael T.Rupert Page 5 of 5 Initials:�'�`'`_' Date: �, . � SELF-PROVING AFFIDAVIT STATE OF PENNSYLVANIA } } S5. COIJNTY OF ��m r1�k� } I,the undersigned, an�Q�cer authorized to administer oaths, certify that Michael T. Ru ert,the Tes tor, and I�� ;c�a� �/ ruacs�'�' , and E�„� F_ �-�r�m,A- c�witnesses, whose names are signed to the attached or foregaing instrument and whose signatures appear below, having appeared together before me and having been first duly sworn, each then declared to me that: ])the attached or foregoing instrument is the last will af the Testator; 2)the Testator willingly and voluntarily deciared, signed and executed the will in the presence of the witnesses; 3) the witnesses signed the will upon request by the Testator, in the presence and hearing of the Testator, and in the presence of each other; 4)to the best knowledge of each witness the Testator was, at that time of the signing, of the age of majority (or otherwise legally competent to make a will),of sound mind and memory, and under no constraint or undue influence; and 5)each witness was and is competent and of the proper age to witness a will. Michael T. R pert �' - - � ��.�.��:.. �' F I�..,..�.�.. [Wimess Signature] `/ [Witness Signature] ��-�� r� i�- yYl . C2.Y��)�UT— X ��t J�� L . �+yr�.,�.4 /��:n [Print Name] [Print Name] Residing at i � Residing at a C h�2�s k n:2 1 - o � C�,,,.��T��'� �-�o�� Section for Notary Public: Subscribed, sworn and acknowledged before me by the said Michael T. Rupert, Testator, and b the said�ir.�`�,` � /� �•r , and n x 1�EJ,�• [�, ,qr�,,�►�a lrr-n, witn s e�,�day of , 20�- �� [Signatu e of Notary] [Print or stamp name of Notary) ..�.��.�....... NO?NlltAl 8EAL ANMERE M.YM�LMER MoNry Pu6Ne lIILL lOROtf�il.C{�IIElIUNIC COUN�Y Mr Co�N�M�E�N�a 11�6.2015 :�+2 l�iY�A*l+'N ��A!l.ilNli ?al 3"t r iMYl11 ;,+tdu��ttoit :°l�.;;)J 3i`Ps:u��Mlt1;i.N�titlNt}E! i!!i*4MA �;:;;_ �' %�A�!91syX3+fpt2itlR�'x:U,a�'�