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HomeMy WebLinkAbout07-16-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Ct`4�Iv. �C-C.LAh� COUNTY,PENNSYLVANIA Petitioner(s) named 6elow, who is/are 18 yeazs 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 form: Decedent's Information -7 Name: 3. �. oi4E�°if 1MR�i�k FileNo: zI �I3- �� l �P a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: ( ��- � ��� Date of Death: (a - �.y - 13 Age at death: S� `� Decedent was domIciled at death in �l,- n+ (3ErtL�K� County, � 1-� (Srare)with his/her last principalresidenceat fc.'?i NV�C-�1 � GiP-�=�E )uCCIkPcl+.�GS13c,-lL�- �� � 7�`0'� Street address,Post Office and Zip Code � City,Township or Borough� U�PL-p- 6��6 NCounty �WP Decedent died at ��hn � Street address,Post Olfice and Zip Code Ci�y,Township or Borough County State Estimate of value of decedenPs property at death: If damiciled in Pennsylvania................ ............ All personal property $ � �Q�_ ljnot domici[ed in Pennsylvania. ......... .. ............ Personal property in Pennsylvania $ !f not domiciled in Pennsylvania. .................. ..... Personal properiy in County $ Value ojrea(estate in Pennsy[vania......................................... ................ $ .—o — TOTAL ESTIMATED VALUE. ... $ �y b o 9 Real estate in Pennsylvania simated at: h� �H E � � (Annch additiona!sheets,ijnecessary.) Streel uddress,Post Office and Zip Code City,Township or Boraugh Cnunty '�A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of die Decedent,dared �- a7- a°d° and Codicil(s) thereto dated 7' a�f—1�1. State relevant circums[ances(e.g.renunciatian,death ofececutov,efc.) . Exceptasfollows: aftertheexecutionoftheinstrument(s)offeredforpmbateDecedentdidnotmarry,wasnotdivorced,wasnotapaAytoapending 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 vicfim of a killi�g nor ever adjudicated an incapacitated person. �NOBXCEPTIONS ❑EXCEPTIONS r� ° � Ca 'U 1�Y co m �., . ❑ B. Petition for Grant of Letters of Administration (If applicable) '-� � � �' o c.t.u.,d.b.n.,d.b.n.c.e.a.,penden[elt� uqtB absAntiu,dtF{�n�'ji tinoritute If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above a�d[cS�l�list��n,f het s.� N Except as follows: Decedenl was not a parry to a pending divorce proceeding wherein the gtounds foY,'i��vor8e i a beea�stab�eiT�s defined in 23 Pa.C.S. §3323(g)and was nei[her[he victim of a killing nor ever adjudicated an incapaci[a[ed per�n� Q �. � '�'t -�e — �NO EXCEPTIONS �EXCEPTIONS_ O � � �—' r h � T---^�-- Pecitioner(s),after a proper searchhaslhave asceetained thatDecedent left no W ill andwas survivedby the fvlUowing spouse�'tfjany)@yd�r5(attuch additionul sheets,iJ'nereasory): m N � Name Relationshi Address FormRW-02 rev.10/!I/1011 Page 1 of2 Oath of Personal Representative ��+cial Usc Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTYOF CV+M�S��L�1LC-il } Petitioner(s)Printed Name Peti[ioner(s)Printed Address . ., VEk°KoH Fc2�"C'IH .J �� :tin.Mti�C =�2 .�JII.LS ca�G' "7:J � ` The Peticioner(s)above-named swear(s)o�a�rm(s)the statements in the foregopi Petition are true and wrrect ro thebest of the knowledge and belief of Petitioner(s)and tl�at,as Personal Representative(s)of the ecedent,the P ttio er(s)will well and truly administer the estate according to law. Swom to or aff rmed a[+ subscribed be£ore Dace �—��.-�3 By � ��Ou` day of ,� Date � � Date Forihe Register Date �.:> � m c o m � BOND Required:QYES �70 TotheRegisterofWi[fs: �pJ :U G � O FEES: Please enter my appearancep7 ��gnature bel�$:a tn� m �� Letters . . . . . . . . . . . . . . . . . . . . . . $�.VV Attorney Signature: � n Z � CIS �J O ( (N ) Short Certificate(s).. . . . . �j_(7,C�0 � � 7c O o ( t )Renunciation(s)... . . . . . . K��D � n o � � � � _ ( )Codicil(s). . . . . . . ..... . .-�i c � �. � c7 ( )Affidavit(s).. . . . . . . . . . . : 77 �� r I'�7 Bond.. . . . . . . . . . . . . . . . . . . . . . . PrinledName: "a � p N � Commission. . . . . . . . . . . . . . . .. . Supreme Court—� N Othet ID Number. ��. ....... I s,cx� . . . . . . . . ��i,(� Firm Name: � . . . .. . . . � Address: . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . 'j.�D Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . ,�-3„rjl� Email: TOTAL. . . . . . . . . . . . . . . .. . .. . $ Y_i 73:'� DECREE OF THE REGISTER Estate of y . �y,�� ` "II��'h � _ File No: o�{�I �." O� / �n a/k/a: AND NOW, � �Ci� ���Q_''� ,�, in consideration of the foregoing Petition, satisfacfory proof having been presented b fore me,IT IS pECREED that Letters 1' areherebygrantedto �"(1()1'� �(�Qt��Ifl, � Y'. in the above eshate and(if applicable) that the instrument(s)dated - �—(7[� described in the Petifion be admitted to probate and filed of record as the last Will (and Codicil(s )of Decedent. �Q a C��� 1 �Q ftegister of Wil�s p�- 1�,Q�,��� � ,�� �I Fo��,aw-nz ,��. miiuzo�� Page 2 of 2 N o � �--. c `"' m s^ ,�.� � ca o m -� � �, � m = c� '� _.y � � a r" r� m r'+� nz � c, � � v, RENUNCIATION � � � =� � � �, � �; � � � r_ � c� / REGISTER OF WILLS Y A � v: � � C�acr'�aer�a K� COIJNTY, PENNSYLVANIA �' Estate of 3. KD 1Je r� � r'to-'vi ,Deceased I, �✓� �n�'e 67/(crr �'� , in my capacityJrelationship a5 (PrinlNameJ � � l.v�'�e of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to (1L/r'r>on 1�ctv���'zi T�r - �,,�,/ � viah.�e. � � Y��^ l�n,i , 9 �an�cr n 7�� �ao i 3 CQ� ���� �4�-��� �oa�e� �s�gnar�e� ��S �es�i�ti ��'v�e ' (Str¢etAddrersJ � �e�h-¢n .��GS �u �F� t7DS"S� (City,Smte,Zrp) Executed in Register's Office Executed out ofRegtster's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the be£o me t is �' day party executing this renunciation and certified of C.�, / that he or she executed Yhe renunciation for the j) purposes stated within on this day - of , � ��v � Deputy for Register o lls Notary Public My Commission Expires: (Signature and Seal of Notary or other o�cial qualified to admi�isteroa[hs. Showdateofexpi2tionofNotary'sCommission.) Form RW-06 rev. 16.13.06 _ ,, . . � � � . � , - �.,� 4J rn n. 67.� � � p m -.- c, :— �n �i � n� r F,_, -a � zm mr.; �° � � °' .-v.� r� LAST WILL AND TESTAMENT OF � � J C") � -7 -rj-i � !? C� - � "l J. ROBERT MARTIN � :a ''-a � =7 .. r_.. r- r+7 _ , i� �,. r_7 ;/1 O '��. w � I, J. ROBERT MARTIN, of Cumberland County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me . FIRST: I am married to Eva Marie Martin, with whom I have a Pre-Nuptial Agreement dated June 23 , 1998 . I refer to her in this Will as my wife. I have three children: John R. Martin, Jr. (born January 10, 1948) ; D. Scott Martin (born September 13 , 1951) ; and David P. Martin (born January 4 , 1963) . These chil- dren are described in this Will as "my children, �� cr as "a child of mine . �� Any person born to or adopted by a child of mine is described in this Will as "my issue . �� Provided, however, no adopted person shall benefit hereunder unless the order or decree of adoption is entered before such adopted person attains the age of twenty-one (21) years . SECOND: I give to my wife my interest in all tangible personal property that I own individually or own jointly with her whether as joint tenants or as tenants by the entireties, to- gether with all casualty insurance coverage thereon. However, should my wife predecease me, I give my individually owned tangible personal property and all casualty insurance coverage thereon to such of my children who are living at my death to be GL'�. -1- divided equitably among or between them as they may determine, or, if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. I have complete confidence that my wife, my children or my Executor will honor the Pre-Nuptial Agreement and any written instructions that I may leave with regard to tangible personal property, provided that said written instructions are not more restrictive to my wife than the Pre-Nuptial Agreement . Any such property not distrib- uted hereunder shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. THIRD: I am the owner of rights under certain retirement funds, which I plan to direct in whole or in part to my wife, to my children, to my issue and to one or more educational and charitable institutions . I recognize that I am not obligated to direct retirement funds to my wife, but intend to do so in recognition of the happiness that our marriage has brought to me . I also plan to direct life insurance proceeds to my children. FOURTH: I allocate the rest, residue and remainder of my estate as follows : (a) To my son, David P, Martin, Sixty Thousand Dollars ($60, 000) , with confidence that he will divide it equally among his three children and use it at his discretion for college education or other training or care when each of his children � C -2- reaches college age . This gift shall be increased or decreased by cumulative increases or decreases in the Consumer Price Index for All Urban Consumers (CPI-U) published by the Bureau of Labor Statistics of the United SCates Department of Labor from November 1, 1999, to the beginning of the third full monCh prior to Che date of my death. Should said CPI-U cease to be published by the United States Department of Labor, Bureau of Labor Statistics, then the calculation shall be based on the closest successor index as identified by the United States Department of Labor. If no such successor index exists, the calculation shall be based on a cost of living index to be chosen by my ExecuCor. Should my son, David P. Martin, predecease me, leaving issue, this gift shall be made available to his issue, per stirpes , In default of said issue, this gift shall be and become null and void. (b? My Executor shall divide the balance of the rest, residue and remainder of my estate into as many equal shares as will allow my Executor to set apart one share for each child of mine who shall then be living and one share for the issue who shall then be living of each child of mine who predeceased me . Each share set apart for a child of mine shall be distributed to such child. Each share set apart for the issue then living of a deceased child of mine shall be distributed as follows : one-half -3- (1/2) of such share to the surviving spouse of my deceased child, if any, provided that such surviving spouse has not remarried; and the balance of such share remaining after any distribution to a surviving and unmarried spouse, to the issue of my deceased child per stirpes . FIFTH: If all the beneficiaries described in Item FOURTH above are deceased and no other disposition of the residue of my estate is directed by this Will , then and in that event only, I give, devise and begueath the rest, residue and remainder of my estate, real and personal, to Messiah Village Endowment Fund i45%) ; Messiah College (25%) ; and to Daystar U.S . (30%) , without restriction as to use . SIXTH: If any person under the age of twenty-one (21) years sha11 become entitled to any share hereunder, then such share shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Executor may distribute such benefi- ciary' s share to any adult person standing in loco parentis, or to a legal guardian of such beneficiary, or to a custodian (to be selected by my Executor) under the applicable Uniform Gifts to Minors Act , without requiring bond of such adult person, guardian or custodian. The receipt of such adult person, guardian or custodian shall constitute a full release of my Executor for any property so distributed. V Ih�RM -4- SEVENTH: If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or l died first, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. EIGHTH: (1) I name as my Executrix my wife, Eva Marie Martin, but if she is unable or unwilling to serve, I name as my Executor L. Nelson Wingert, CLU, 3901 Hartzdale Drive, Camp Hill, PA 17011-7843 , but if he is unable or unwilling to serve, I name as my Executor PNC Bank, Mechanicsburg, Cumberland County, Pennsylvania . I direct that my Executrix or Executor serve without bond in any jurisdiction in which called upon to act . (2) Except as otherwise provided herein, if PNC Bank should fail to qualify as my Executor hereunder, or for any reason should cease to act in such capacity, the successor or substitute Executor shall be some attorney or bank or trust company with trust powers, which successor or substitute Executor shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate and signed by or on behalf of my oldest child, or if he fails to act, by the court having jurisdiction over the probate of my estate . (3) For services as Executrix/Executor, my Executrix/ Executor shall receive reasonable compensation. -5_ A ��a� NINTH: (1) I give to any Executrix/Executor named in this Will or any Codicil hereto or to any successor or substitute Executor all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania, and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the comple- tion of the distribution of my estate . I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. (2) My Executor is authorized and empowered to dis- claim any interest, in whole or in part, of which I, or my Executor, may be the beneficiary, devisee, or legatee, by execut- ing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect) . (3) My Executor is authorized and empowered to allo- cate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income . TENTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my � -6- gross estate for death tax purposes, whether or not such property passes under this Will , shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement . I authorize my Executor to pay all such taxes at such time or times as deemed advisable . IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this�-7� day of G� 2000 . y , , C� I�'V-Q!'� r (SEAL) J. OBERT MARTIN SIGNED, SEALED, PUBLISHED, and DECLARED by J. ROBERT MARTIN, as and for his Last Will and Testament, on the day and year last above written, in the presence of us, who, at his G � � � request, in his presence, and m ( (,iwVl � in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses : ��_�, �Jy/AA ^� -7- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANZA . COUNTY OF ��gg�,� • SS . WE, J. ROBERT MARTIN, dnd Wayne M. Pecht M }1P�P a �• oP , and Pa ri ia D Oly��n'k , the Testator 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 Testator signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed another to sign for him) , and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence . J ROBERT MARTIN, Te ator ai-�� witness �l�- G witness w `/. C____ Witness Subscribed, sworn to, and acknowledged before me by J. ROBERT MARTIN, the Testator, and subscribed and sworn to before me by Wavne M. Pecht , Michele A. Sin er — , and Patricia D. Olyarnik , witnesses, this 27th da ril �^ NOTAFIAL SEAL � 2 0 0 0 . CYNTHIA J.RULE,Notary PubNcty � M eCommissio��u r�esgJ�n 2�2004 Not ry Public -8- � �.: � o `-" � m' o � c, � c� -9 c ._ c> mxc� � cn � r n r F-, --1 O � Cn �'7 �'� �.7 b CODICIL c� � x c c c� c ° � -n -n c c '` � --- -°' I, J. ROBERT MARTIN, of Upper Allen Townshi � ~ W- � —� �-- t` m Pennsylvania, declare this to be the sole Codicil to my Last Will and Tes�ment d�ated Apri127, 2000. L I hereby revoke Paragraph EIGHTH of said Will, and in lieu thereof provide as follows: "EIGHTH I appoint my wife, Eva Martin, Executrix of this my WiIL In the event that she fails to qualify ar ceases to act as Executrix, I appoint, Vernon Martin, Jr., Executor of this my Will." II. In all other respects, I hereby rafify, confirm and republish my Last Will and Testament dated Apri127, 2000, together with this sole Codicil as and for my Last Will and Testament. IN WI'I'NESS WHEREOF, I have hereunto set my hand this 2�� day of ,Tu�� , 2012. � ��- SEAL) J. OBERT MARTIN Signed, published and declared on the date thereof by the above named J. ROBERT MARTIN, as and for the sole Codicil to his Last Will and Testament dated Apri127, 2000, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names hereto this2K'� day of Su Ly , Z� �Z . ��� � "" Residing at�,.,l.;,e�� � � Residing at � � -1- COMNIONWEALTH OF PENNSYLVANIA : COUNTYOF �1Y1(��G�I�ID . WE, J. ROBERT MARTIN, GERALD J. BRINSER and s h R'R o u � • �'N�L� the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly affirmed, do hereby declare to the undersigned authoriry that the testator signed and executed the instrument as the sole Codicil to his Last Will and Testament and that he signed willingly (or willingly directed another to sign for him), and that he exacuted it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presec�ce and hearing of the testator, signed the Codicil as witnesses and that to the best of our knowledge the testaCor was at that time eighteen years of age or older, of sound mind and under no constraint o'r undue influence. Q G� �� J. BERT MARTIN �����_� WITNESS � � � _��-� � IiY�� WITNESS Subscribed, swom or affirmed and acknowledged before me by J. ROBERT MARTIN, the testator, GERALD J. BRINSER and $ jZ R�2oKf $ - �iY� �� , wimesses, this���' day of ,;5�p�y , 2012. .� AL) tary Public COMMONWEALTHOFP NNSYWANIA NOTARIAL S L WEN�Y L.CRAWFORD,Notary Pubiic Palmyra Boro.,Lebanoh Councy mission Ex ires 3e temNer 16 ?A1� -2-