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Home My WebLink About08-14-13 Reset 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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: GERTRUDE R.FARNER MCKILLIP File No: ��°��"��ij a/k/a: GERTRUDE R.MCKILLIP (Assigned by Register) a1k/a: ��a: Social Security No: Date of Death: JULY 26,2013 Age at death: 93 Decedent was domiciled at death in CUMBERLAND County, pF.NNSYi.VANTA (Stare)with his/her last principal residence at 325 Weslev Drive 17055 LOWER ALLEN TOWNSHIP CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at HOLY SPIRIT HOSPITAL CAMP HILL CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 1,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsy[vania. ....................... Personal property in County $ Value of rea[estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 1,000.00 Real estate in Pennsylvania situated at: Not Applicable (Attach additional sheets,if necessary.) Street address,Post Of�ce and Zip Code City,Township or Borough County � 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 the Decedent,dated May 5,2005 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,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 ado ed;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.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,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 party to a pending divorce proceeding wherein the grounds for divorce had been e�ablish��iefined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated perso� v� y� �� NO EXCEPTIONS �EXCEPTIONS � �' � �,1 ':�� (`� . �r� ,+.1J (,.�� ..,.�'� Petitioner(s),after a proper search has/have ascertained that llecedent left no Will and was survived by the follo�ng��o�l3e(if an� and'�,�it-�'(t�ttach additional sheets, if necessary): � �,�. � � �;,v; �`� � wti� .y... ,��.,e .'� Name Relationshi Addr�ss " ''�" �' '} ••�'# � � �;: �""a � � "t �_._, ....µ r� >� : �a � �� Form RW-02 rev. 1 D/I1/2011 Page 1 of 2 Oath of Personal Representative Official Use Only �--=� COMMONWEALTH OF PENNSYLVANIA } � ,__,.. w� � } S S: � � `...' �`� t-�t> COUNTY OF MONTGOMERY � =�'� `` ��' � } � c-__- �,,.. . � .. ,�,�; a�� Petitioner(s)Printed Name Petitioner(s)Printed Add�ss -- t��"�: ' ` -_- � ��= � w a SANDRA M.BARRON 46 ST.ANDREWS BOULEVARD LIMERICK P 19�68'` -�� t._.. � ...�s : � �. �:�'N t�`1 �► � 'Y"1 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 Petitioner(s)and that,as Personal Representative(s)of the Dec ent,the Petitioner( will well and truly administer the estate according to law. Sworn to or affirmed an ubscribed before Date �'�" �3 me th�� da. of � � Date By: Date For the Regi.�ter Date BOND Required: Q �'ES � NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ `�o Attorney Signature: ( ��„),Short Certificate(s). . . . . . `� ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: SUSAN DEANE HUNTER,ESQUIRE Commission. . . . . . . . . . . . . . . . . . Supreme Court Ot r . . . . . . . ID Number: 69369 . . . . . . . . �G/d . . . . . . . . Firm Name: Reardon&Associates,LLC . . . . . . . . �`� Address: 985 Old Eagle School Road,Suite S l 6 . . . . . . . . Wa�ne,PA 19087 . . . . . . . Phone: 610.687.3942 Automation Fee. . . . . . . . . . . . . . . • QiO Fax: 610.687.5817 JCS Fee. . . . . . . . . . . . . . . . . . . . . �3•�� Email: ('.arev�i�RearclnnT,aw_cnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ �66 � /�3� DECREE OF THE REGISTER Estate of GERTRUDE R.FARNER MCKILLIP File No: ��' (��a ��CJ a/k/a: AND NOW, , D , in consideration of the foregoing Petition, satisfactory proof having n presented before me,IT IS C_RE�D that L tters ��/17�?��/� are hereby granted to Q/�1� . � f' /7 /' ' in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to obate nd filed of record as the last Will (and Codicil(s)) of Decedent. egister of Wills � ` / Form RW-Ol rev.10/II/2011 Page 2 of Oath of Personal Representative � O�cial Ust�Qnly� � C � �'P� � � � �.�:., t�'� ,� COMMONWEALTH OF PENNSYLVANIA ``� ��-� °""' -� } � �`t"� G`� :.,!'� .�::3 } S S: � ::�: �"' .,.._� t�:� COUNTY OF CUMBERLAND } � �� °y' ��` r ;�� fi °� r..� -,� e::� .�. ,� �� . ;�; c.x Petitioner(s)Printed Name Petitioner(s)Printed A r�s� r'.'�� , -� MARIE C.DODSON 1736 MCCLURES GAP ROAD CARLISLE P�l �15-772 � .'w�' r�� -� � v� ,� 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 Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will 11 and truly administer the estate accordi to 1 w. Sworn to or firmed d bscribe before � �. Date J'� me this d y�o , Date By� Date F t Register Date OND Required: � YES Q NO To the Register of Wil[s: F S: Please enter my appearance by my signature below: Letter . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( `�) hort Certificate(s). . . . . . ( )R unciation(s).. . . . . . . . ( )Co il(s). . . . . . . . . . . . . ( )Affida �t(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . Printed Name: SUSAN DEANE HUNTER,ESQUIRE Commission. . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . ID Number: 69369 . . . . . Firm Name: Reardon&Associates,LLC ' . . . . . Address: 985 Old Eagle Scho�l Road,S»itP 51 f� ' . . . . . . Wa,�e,PA 190R7 • • . . • • • • , Phone: 610.687.3942 Automation Fee. . . . . . . . . . . . . . . �°�, Fax: 610.68�.5817 JCS Fee. . . . . . . . . . . . . . . . . . . . . `� Email: 17(',are��17Rearr�nnT,aw c�m TOTAL. . . . . . . . . . . . . . . . . . . . . $ .00 � DECR� OF THE REGISTER � 4 Estate of GERTRUDE R.FARNER MCKILLIP �`� File No: a/k/a: �`�,. — �� . 4. AND NOW, `;.,� ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECR�D that Letters are hereby granted to �` �, in the above estate and(if applicable)that the instrument(s)dated �� described in the Petition be admitted to probate and filed of record as the last Wi (and Codicil(s))of Decedent. �``. �� Register of Wills Form RW-02 rev. 10/11/2011 Page 2 of 2 � H105.805 REV(9/11) � i � � ,�, �� ;� � , . � �, r � C-�..'+ � �.�.,� � � � � C� � �} : � � (,'� C-a �"� :dl::! j._„ � j'""` F--a i"�'� �'y°i LAST WILL AND TESTAMENT ;�,. -�-- �,.,; ,,..,� � :�� ;� OF � � � �, =�` � c.y d:.::� C".:� f--, —.;i �-�'1 GERTRUDE R. MCHILLIP c7 � •.�,°, :� � -�-� � ��: � ` � �...� :�. c':a `..�,7 '^-,� �...'.� p"..,` � �- C!'i +.a� c� � � a I, GERTRUDE R. MCKILLIP, having my legal residence at 1007 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament,revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE I declare that I am married to LAWSON L. MCKILLIP (my"spouse"). ARTICLE TWO I have two children whose names and birth dates are as follows: NAMES BIRTH DATES VICKIE L. WII.,SON March 6, 1954 MARIE C. HOCKENBERRY April 8, 1957 My spouse has three children whose names and birth dates are as follows: NAMES BIlZTH DATES ANGELA D.MCKILLIl' January 6, 1955 MICHAEL L. MCKILLIP Ju1y ?5, 19�9 SANDRA M. BARRON April 1, 1964 For purposes of this Will, all of my children and my spouse's children shall be considered my descendants. ARTICLE THREE I direct the payment from my estate of the expenses of my last illness and funeral as soon after my death as conveniently may be done. � , , ARTICLE FOUR I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, I give all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon to my spouse, provided he survives me by thirty (30) days. If my spouse fails to survive me by thirty (30) days, I give all such items to my children and my spouse's children, provided they survive me by thirty (30) days, to be divided among them as they are able to agree. If my children and my spouse's children fail to survive me by thirty(30) days, or are unable to agree as to the distribution, all such items shall be sold and the proceeds distributed with the residue of my estate. ARTICLE FIVE I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate to my spouse, LAWSON L. MCKILLIP,provided he survives me by thirty(30) days. If my spouse fails to survive me by thirty (30 j days, l give the rest, residue anci remaincier of my estate in equal shares to my children and my spouse's children, SANDRA M. BARRON, ANGELA D. MCKILLIP, MICHAEL L. MCKILLIP, MARIE C. HOCKENBERRY and VICKIE L. WILSON, provided they survive me by thirty(30)days. A. The shares for SANDRA M. BARRON, MICHAEL L. MCKILLIP, MARIE C. HOCKENBERRY and VICKIE L. WILSON, shall be distributed to each of them outright, free of 2 , � trust. If any beneficiary fails to survive me by thirty (30) days, his or her shaxe shall be distributed to his or her issue, per stirpes. If a beneficiary has no issue, his or her share shall be distributed, in equal shares, to my surviving children and my spouse's surviving children, or their issue, per stirpes. B. The share for ANGELA D. MCKILLIP shall be distributed to my Trustee, hereinafter named, for the benefit of ANGELA D. MCKILLIP. Subject to the provisions of Article � Ten, my Trustee shall pay to, or apply for the benefit of such beneficiary, the entire net income of such beneficiary's trust share in monthly or other convenient installments agreed upon by such beneficiary and my Trustee,but mot less often than annually. Subj ect to the provisions of Article Ten, my Trustee shall pay to, or apply for the benefit of such beneficiary, so much of the principal from such beneficiary's trust share as my Trustee deems advisable for such beneficiary's health,education,maintenance or support. If such beneficiary fails to survive me by thirty (30) days, her share shall be distributed, in : equal shares, to my surviving children and my spouse's surviving children, or their issue, per stirpes. ARTICLE SIX If any portion of my estate is distributable to a beneficiary who is then under the age of 25 yeaxs, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary,to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, 3 or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE SEVEN If at any time there is no beneficiary entitled to receive all or any part of my estate under the preceding Articles, all of the remaining portion of my estate shall then be distributed one-half to those persons who would be my heirs at law and one-ha�f to those persons who would be my spouse's heirs at law had my spouse and I died intestate with each of us owning one-half of my estate. ARTICLE EIGHT No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subj ect to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE NINE Should the payment of expenses, claims a.�d taxes from any Qualifi�d Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or IR.A assets. 4 ARTICLE TEN It is my intention that the assets of my Estate supplement but not supplant, impair or diminish any then existing forms of support or benefit which a beneficiary is receiving or becomes eligible to receive. For purposes of this Section, the term "support" means food, clothing or shelter. The terms of my Last will and Testament shall be read and interpreted to prevent any action by my Executor which would supplant, impair, diminish or otherwise interfere with, limit or reduce the beneficiary's receipt of, or eligibility for any form of government or private benefits. Any power of distribution (whether or not exercised), granted my Executor pursuant to the terms of my Will, that would result in the loss, diminishment or ineligibility for government or private benefits, is hereby revoked; and, only such powers as will not result in ineligibility for such benefits, or loss, diminishment or impairment, thereof, shall remain exercisable by my Executor. Subj ect to the preceding provisions of this Section, that prohibit my Executor from making any distribution which would supplant, impair or diminish government or private benefits, or cause the beneficiary to be ineligible for such benefits, as determined in my Executor's sole and absolute discretion, m� Executor ma;� �istribute s�ch amounts of the beneficiary's estate share for the Special Needs of the beneficiary. My Executor may act arbitrarily and without regard to any statutes or other rules of law in refusing to disburse estate assets. No distributions may be made to the beneficiary. Any distributions made shall be made to the goods or services provider. 5 . If my Executor deems it necessary to terminate the beneficiary's share of my Estate to avoid impairing or diminishing the beneficiary's receipt of government or private benefits, or becoming ineligible for such benefits, my Executor, in my Executor's sole and absolute discretion, shall terminate the beneficiary's share of my Estate. If my Executor terminates the beneficiary's share of my Estate, the assets of the beneficiary's share of my Estate shall be held, administered and distributed pursuant to the following provisions of this Section as though the : beneficiary had died. I request, but do not require, that the remainder beneficiaries consider the purposes of the beneficiary's share of my Estate in expending the property they receive. ARTICLE ELEVEN I appoint my spouse's daughter, SANDRA M. BARRON, and my daughter, MARIE C. HOCKENBERRY, as Co-Trustees of any trust shares created under this Will. If SANDRA M. BARRON cannot serve, I appoint my spouse's son, MICHAEL L. MCKILLIP, as Co-Trustee. If MARIE C. HOCKENBERRY cannot serve, I appoint my daughter, VICKIE L. WILSON, as Co- Trustee. If only one of the foregoing is able to serve,that one shall be authorized to serve alone. ARTICLE TWELVE I appoint my spouse, LAWSON L. MCKILLIP, as Executor of my Will. If he is unable or unwilling to serve, I appoint my spouse's daughter, SANDRA M. BARRON, and my daughter, MARIE C. HOCKENBERRY, as Co-Executors. If SANDRA M. BARRON cannot serve, I appoint my spouse's son, MICHAEL L. MCKILLIP, as Co-Executor. If MARIE C. HOCKENBERRY cannot serve, I appoint my daughter, VICKIE L. WILSON, as Co-Executor. If only one of the foregoing is able to serve, that one shall be authorized to serve alone. I give to my Executor and Trustee, in addition to and not in limitation of the powers given by law or by other 6 � , . , ; provisions of this Will, the following powers with respect to settlement of my estate to be exercised from time to time in the discretion of my Executor and Trustee, without further order or license of the Register of Wills or of any court: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; : 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other t� returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire tor their own accounts; 7. To manage, control,repair and improve all real property; 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor or Trustee to protect the Executor and Trustee and the estate against any hazard; 7 9. To pay all taxes, assessments, fees of the Executor and Trustee and all other expenses incurred in the collection, care, administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the estate assets; and 11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor or Trustee; the Executor and Trustee shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executor or Trustee to administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor and Trustee shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. ARTICLE THIRTEEN I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaxies, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing 8 the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion,but not required,to make adjustments between income and principal as a result thereof. ARTICLE FOURTEEN I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. ARTICLE FIFTEEN In the event that my spouse and I die simultaneously, or that the order of our deaths is uncertain,my spouse shall be deemed to have predeceased me. [SIGNATURE APPEARS ON FOLLOWING PAGE] 9 s�� IN WITNESS WHEREOF, I hav� at �1��- , r�nnsylvania, this day of , 2005, set my hand and seal to this Will, consisting of ten(10)pages. �,��:r �'1��;��'��'.,��-� GERTRUDE R. MCKILLIP SIGNED, SEALED, PUBLISHED and DECLARED by GERTRUDE R. MCKILLIP, the above named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. + Residence ��" � Residence � j ��.�3 10 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : We, GERTRUDE. MCKILLIP, �(��'��- '�, �- (� -� and -=. � . � Testatrix and witnesses, respectively, whose names are signed to the attached and 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, and that she executed it as her free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older,of sound mind and under no constraint or undue influence. � y �' . � �L�-�� i'i'�C` .,��C�C� TESTATRIX � �> WITNESS _ WITNESS . ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN : On this, MAY 5 ' 2��5 , before me a notary public, the undersigned officer, personally appeared GARY L. JAMES, Supreme Court Identification Number 27752,known to me (or satisfactorily proven) to be a member of the bar of the highest court of said Commonwealth in which execution of the Will took place and certified that he was personally present when the foregoing acknowledgement and affidavit were signed by the Testatrix and witnesses. IN WITNESS WHEREOF,I hereunto set my hand and official seal. . �p Ot • ��CE��D�l�-' � NOTARY PUBLIC �.(1�f^�b�b �+rk��`i?�f� � �� a��t�+;�iA �E., �.�..._......_..__,_�.._..._w._____...�_. . ... �,::�`�:�o��z"�::..�� L.�;�t��..Fs.ii�::r��_�� +�.��r�F��a� �:r�y'T�v�,,4�� c��1i��:��`��is�ty �r�y�orryrr� ��„F;� `�,��:��'.�3,ZQ�°� {V�P.fTSb£'y ��:•1��srsvr,E''U�, ,.i.'�.C�r'lt�S'C.;{N01af19S