HomeMy WebLinkAbout06-21-13 . _ . _ _ _ .w.+_ _
PETITION 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
following and respectfully requests the grant of Letters in the appropriate form:
Holly L.Nitchman
Decedent's Information ,�
Name: Ruth I.Cornman File No: 21 r I�(,�--��
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: O6H012013 Age at Death: 90
Decedent was domiciled at death in Cumberland County, pq (State)with his/her I��t
principal residence at Church of God Home,Carlisle 17013 Carlisle Cumberland
Street address,Post Office and Zip Code City,Township or Borough CouMy
Decedent died at Church of God Home,Carlisle 1T013 Carlisle Cumberland PA
Streel address,Post Office and Zip Code City,Township or Borough Counry State
Estimate of value of decedenYs property at death:
If domiciled in Pennsy/vania...................... All personal property $ 187,0OO.�Q
lfnotdomiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domicfled in Pennsylvania...:::.........: Personal property in Caunty $ �
Value of real estate in Pennsylvania................................................................... $
TOTAL ESTIMATED VALUE E 187,0OO.�Q
Real estate in Pennsylvania situated at
(ARach additional sheets,iI necessary.) ���
Street address,Post Office and Zip Code Ciry,Township or Borough Counry
�A. Petition for Probate and Grant of Let� rs Te�tament?rv
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 11/1712009 and Codicil(��
thereto dated
State relevant circumstances(e.g.,renunciation,death olexecuto�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 pen�i�g
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 Admini tration (If applicable) n �, � �
c.t.a.,d.b.n.,d.b.n.c.t.a.,pede�lif urente a centia. nlE�r�inoritat '
If Administration,c.t.a ord.b.n.c.f.a.,enter date of Will in Section A above and comnlete li t of heirs.� "� � z ,jy �
Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce�d�eqrresta�ed�d�ed
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated persori"' Z �
D, � F--+ �; �'j
�NO EXCEPTIONS � EXCEPTIONS Z � � �
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the f�o r�i g�ous anyj�n eirs(att�Ch
additional sheets,if necessary): p C � �
. � c� r`-- rn
—! r
Name Relationship Address b' -� '
Form RW-02 rev.10-11-2011 Copyright(c)2011 form sokware only The Lackner Group,Inc. Page 1 ofl 2
_ _ _
. _. _. _ __ . . . . . . i_u.._...�_..
Oath of Personal Representative OfficialUseOnly
COMMONWEALTH OF PENNSYLVANiA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Holly L.Nitchman 78 Dewalt St.
Mechanicsburg,PA 17050
i
�
�
�
,�
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 '.
bet�ei of h'etitioner(s)and that,as Personal Representative(s)o he ece nt,P er(s� 'I weli nd truly administer the estate accordin to la .
Sworn to or irmed and bscribed before ` oace �
me thi �� of � Date
ay: oa�a
For the Reg;ster Date
'.�, � ii
[30ND Required? � YES a NO To the Registe�of Wills: C w �i � i
FEES: Please enter my appearanc�y signata[e bel�r:
� � �Letters.......................................... $ 260.00 Attorney Sig ture: rn = n �g :_-
( 6 )Short Certificate(s)......... 30.00 � D N ;.,3 r'�
( )Renunciation(s).............. 2" � "" ��
( )Codicil(s)........................ C3 � Q -� �1 -'�:�
��
( )Affidavit(s)...................... Printed Name: Linda J.OI�SnC06qr; � ��: � f '
-�- E +;�
Bond............................................. Supreme Court • 7J C.� re-- �-`'s�l
Commission.................................. ID Number: 92858 -v -"� p
Other C]
Inheritance Tax 15.00
Firm Name: Hazen Elder Law
Inventory 15.00 Address: 2000 Linglestown Road
� -46�9�-
� , � +� � Suite 202
Harrisburg,PA 17110
Phone: 717-540-4332
Automation Fee............................ 5.00 Fax: 717-540-4313
JCSFee....................................... 23.50 ,
TOTAL......................................... $ 3(0��5 .a6&�-• E-mail: lolsen@hazeneiderlaw.com �
DECREE OF THE REGISTER
Date of Death: O6l10/2013 ' �
Social Security No:
Estate of Ruth i.Comman File No: 21 --/3""�(c 1� ��
alkla:
AND NOW, � �' L tJl P , a �/� , in consideration of the foregoing Petition, ' �
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary f
are hereby granted to Holly L.Nitchman �
in the above estate and(if applicable)that the instrument(s)dated 11/17l2009 l
described in the Petition be admitted to probate and filed of record as t I t Will( nd Codici of Decedent. '
� i � l� � ,�•
Reqister of Wills 11/ � � �
Copyright(c)2011 form software on e Gr (l.1�''/��� �/ " age 2 of 2 i
r
i
� � ��
._.__.�.,�..... ,,,.,, ,��
Fl��
LAST WILL AND TESTAMENT
OF
r'�.
C �...,� � i�'!
RUTH I. CORNMAN
� � � �? ca
-rs c
� � � z �,� �
� D � N ;ij ++'7
T�, Z � ~ "" �=
I,RUTH I.CORNMAN,now domiciled in Cumberland Count��r�ylv�a,�l�e this
� o -� �,.� _.
to be my Last Will. I revoke all other Wills and Codicils that I may ha��vious�'y ma�e.�'
a `.r' `'' °
0
Article I
My just debts and expenses of my last illness, funeral,and administration of my estate shall
be paid by my Executor from the principal of my residuary estate as soon as practicable after my
death.
Article II
All inheritance,estate,and succession taxes(including interest and penalties thereon,but not
�
including any generation skipping tax) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement from any
person. This provision is not a waiver of any right which my Executor has to claim reimbursement
for any such taxes which become payable as the result of any property over which I have the power
of appointment.
Article III
I give, devise and bequeath my tangible persor�al property in accordance with any
memorandum I have handwritten or signed, located with my will or with my valuable papers and
. _ _ ,� .
r��
found within 30 days of the probate of my will. Gifts may only be to persons who survive me or to �
;
organizations which exist at my death, and if there is a conflict, the memorandum having the latest a
�
date shall govern. To the extent no such memorandum is found, or all of my tangible personal G
d
property is not disposed of pursuant thereto, my tangible personal property shall be added to my
residuary estate and pass under Article V hereof. '
Article IV
I give,devise and bequeath any interest I may own at the time of my death in an undeveloped
tract located in Silver Spring Township,Cumberland County,Pennsylvania,more fully described on '
Exhibit"A"attached hereto, to my granddaughter, SHELBY L.NITCHMAN, if she survives m '
Y
death by thirty (30) days. If she fails to so survive my death, I give, devise and bequeath this
property to my daughter, HOLLY L.NITCHMAN. This property shall be held for the benefit of
SHELBY L. NITCHMAN by HOLLY L. NITCHMAN until such time as SHELBY L.
NITCHMAN reaches twenty-two (22) years of age. When SHELBY L. NITCHMAN reaches
twenty-two (22) years of age, the property shall be distributed outright to her. '
Article V
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath as follows:
A• TWENTY-NINE (29%) PERCENT of my residuary estate to my daughter,
HOLLY L.NITCHMAN, of Cumberland County, Pennsylvania,per stirpes; '
B• TWENTY-NINE(29%)PERCENT ofmyresiduary estate to mydaughter,LINDA
S. SHAFFER, of Perry County, Pennsylvania,per stirpes; and
C• FORTY-TWO (42%) PERCENT of my residuary estate to be divided and
_2_ '
. . - - 9
„ ,,� _
distributed equally between my grandchildren: ALISA J. ELICKER, DANYLLE S. FRY and
SHELBY L. NITCHMAN,per stirpes.
Article VI
If a beneficiary under this Will has not attained the age of twenty-eight(28)years,the share
of the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to
the following terms:
A. To expend and apply so much of the net income and so much of the principal of the
Trust as the Trustee shall consider advisable for the health, education, support and maintenance of
the beneficiary until the beneficiary attains the age of twenty-eight (28) years.
B. Upon attaining the age of twenty-two (22), one-third (1/3) of the principal and
accumulated income of the beneficiary's share shall be distributed outright to the beneficiary.
C. Upon attaining the age of twenty-five(25),one-half(1/2)of the remaining principal
and accumulated income of the beneficiary's remaining share shall be distributed outright to the
beneficiary.
D. Upon attaining the age of twenty-eight(28),the remaining principal and accumulated
income of the beneficiary's share shall be distributed outright to the beneficiary.
E. If the beneficiary dies before the entire principal of the Trust has been withdrawn,the
remaining principal and accumulated income shall be distributed by my Trustee to the beneficiary's
then-living descendants,per stirpes. If the beneficiary dies before the entire principal of the Trust
has been withdrawn leaving no surviving issue,the remaining principal and accumulated income of
any trust for the benefit of descendants of HOLLY L.NITCHMAN shall be distributed to HOLLY
L.NITCHMAN,per stirpes. The remaining principle and accumulated income of any trust for the
_3_
_ �r�r
benefit of descendants of LINDA S.SHAFFER shall be distributed to LINDA S.SHAFFER,per
stirpes.
F• No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner,
nor shall any interest be subject to claims of his or her creditors or liable to attachment,execution,or
other processes of law.
G. At the time any distribution or distributive share of Trust assets is to be made by the
Trustee, if a beneficiary of this Trust is disabled as defined in Section 1614(a)(3) of the Social
Security Act (as determined by the Social Security Administration or by any State-level disability
determination agency operating under the auspices of the Social Security Administration),and/or has
been determined by a nursing home or State agency to be medically eligible for nursing home care,
then said beneficiary shall cease to be a Trustee of this Trust or any Trust share hereunder and,
thereafter, the Trustee shall not make any distributions to said beneficiary that might decrease or
eliminate that beneficiary's eligibility for any public benefits based on need,such as,but not limited
to, Medicaid or Supplemental Security Income.
Article VII
In order to carry out the purposes of the Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will or by law,shall have the following powers over the
Trust estate, subject to any limitations specified elsewhere in this Will:
(a) to retain in the form received and/or to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
_4_
_ .. ..,�
(c) to invest and reinvest in all forms of property without being confined to legal '
Y
investments, and without regard to the principal of diversification, '
:
(d) to exercise any option or right arising from the ownership of investments,
�
(e) to compromise claims without court approval and without consent of any beneficiary,
(� to file fiduciary/income tax returns and pay the tax due for any year for which such a
return is required,
(g) to make distributions in cash or in kind,or in both,and to determine the value of any
such property,
(h) to employ any attorney, inveshnent advisor,or other agent deemed necessary by my
Executor; to pay from my estate reasonable compensation for all their services,
(i) to conduct alone or with others, any business in which I am engaged in or have an
interest in at the time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of fees
in effect while their services are performed.
Article VIII
I hereby appoint my daughter,HOLLY L.NITCHMAN,as Trustee of any Trust(s)created
in this Will. In the event of the renunciation,death,or inability to act, for any reason whatsoever of
HOLLY L. NITCHMAN, I nominate, constitute and appoint my granddaughter, ALISA J.
ELICKER, successar Trustee of any Trust(s) created in this WiIL
Article IX
I nominate,constitute,and appoint my daughter,HOLLY L.NITCHMAN,Executrix of my
Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason
_5_
;;�
. ..�� .
whatsoever of HOLLY L.NITCHMAN,I nominate,constitute and appoint my daughter,LINDA
S. SHAFFER as successor Executrix of my Last Will and Testament. In the event of the
renunciation,death,or inability to act,for any reason whatsoever of both HOLLY L.NITCHMAN
and LINDA S.SHAFFER, I nominate,constitute and appoint my granddaughters,DANYLLE S.
FRY and ALISA J.ELICKER,as successor Co-Executors of my Last Will and Testament. I direct
that my Executrix or Co-Executors be permitted to serve without bond. In addition to those powers
granted by law, I grant them power to distribute in cash or in kind,in like or in unlike shares,and to
file any qualified disclaimer I could have filed if living. My Executrix or Co-Executors shall receive
reasonable compensation for services rendered to my estate.
Article X
In addition to the powers conferred by law,I authorize my Executrix or Co-Executors in their
absolute discretion:
(a) to retain in the form received and to sell either at public or private sale,any real estate
or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(fl to file any federal income tax return for any year for which I have not filed such return
prior to my death,
_6_
,.�,�,
(g) to make distributions in cash or in kind,or in both,and to determine the value of any
such property,
(h) to employ any attorney,investment advisor,or other agent deemed necessary by my
Executrix or Co-Executors;and to pay from my estate reasonable compensation for all their services,
(i) to conduct alone or with others, any business in which I am engaged, or have an
interest in at time of my death, and
(j} to receive reasonable compensation in accordance with the standard schedule of fees
in effect while their services axe performed.
IN WITNESS WHEREOF, I, RUTH I. CORNMAN, hereby set my hand to this my Last
Will and Testament, on����>�� , 2009, at Harrisburg, Pennsylvania.
, ,
- �
�;
R I. RNMAN
In our presence,the above-named RUTH I.CORNMAN signed this and dedared this to be
her Last Will and now at her request, in her presence, and in the presence of each other,we sign as
witnesses.
' Address
2000 Linslestown Rd. Suite 202 Harrisburg PA 17110
�% �� { �L _ � 2000 Linglestown Rd Suite 202 Harrisbur� PA 17114
�
_ _ _ _ _ �_��.�
_ �
1
EXHIBIT "A"
Pronertv Descriution
BEGINNING at an iron pin on the northern right-of-way line of the Trindle Road in line of
land of Ruth I. Cornman and her husband, Lee Cornman; thence along said land of the said Ruth I.
Cornman and her husband and the eastern side of Lot No. 3 on the aforementioned Dunkleberger
Estate Subdivision Plan,North 11 degrees 37 minutes 24 seconds West,a distance of 222 feet to an
iron pin in line of Lot No. 1 of the said Dunkleberger Estate Subdivision Plan;thence along said Lot
No. 1, North 87 degrees 42 minutes 37 seconds East, a distance of 200 feet to an iron pin; thence
along the same, South 11 degrees 37 minutes 24 seconds East, a distance of 222 feet to an iron pin +
on the northern right-of-way line of the Trindle Road;thence along said northern right-of-way line of
the Trindle Road, South 87 degrees 42 minutes 37 seconds West, a distance of 200 feet to an iron
pin, the place of BEGINNING
CONTAINING 1.0058 Acres and being Lot No. 2 as shown on said Dunkleberger Estate
Subdivision Plan.
_8_
�iu
.,��,, _ _
r,.:
� �
C7 w �7 �
OATH OF SUBSCRIBING WITNESS(�� � � ;
�
�' _ � � � �
REGISTER OF WILLS D z � � �` �
CUMBERLAND COUNTY, PENNSYLVAI�N � � �
�v ?'4
i,..� Q � � .r� � .
� � .'� �
w � 1...� ('~ m
• � � Q
� C.j'1 �
D � "�'1
Estate of RUTH L CORNMAN ,Deceased
Robert B. Rosenberger and Marielle F. Hazen , (each)a subscribing witness to
(Prina Namels)
the�Will �Codicil(s)presented herewith,(each)being duly qualified according to law,depose(s) and
say(s)that she/he f they was/were present and saw the above Testator/Testatrix sign the same
and that she/he/they signed the same and that she/he/they signed as a witness at the request of
the Testator/Testatrix in he /his presence and in the presence of each other.
��.
(Sig ature) (5ignat e)
2000 Linglesto n Road, S ' 202 2000 Linglestown Road, Suite 202
(Street Address) (Street Address) �
Harrisburg, PA 17110 Harrisburg, PA 17ll0
(Ciry,State.Zip) (City.State.Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed
before me this day before nne this ��� day
of , of , ao/.3 .
_ �i�Z�
Deputy for Register of Wills Notary ublic
My Commission Expires: I a~t T- �-v I(o
(Signatuir.an�'Seal of Notary or other official qualified to
�dmimister caths. Show date of expiration of Notary's CommissionJ
NOTE: To be taken by Officer authorized to administer oaths. Please have Yresent the onginal o�copy of instrument(s)at time of notarization.
COMMONWEAL7H OF PENNSYLVANIA
Notarial 5eal
Form RW-03 rev. /Q/3.06 Linda l.Olsen,NOtary PUWiC
Susquehanna Twp.,Dauphin County ;!
My Comml�lon Expires(kt.17,2016