HomeMy WebLinkAbout09-24-13 PETITION FOR GRANT OF'LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANLA
Petitioner(s) named below, who is/are lEl years of age or older, apply(ies) for Letters as spec;ified below, and in
support thereof aver(s) the following and respectfully request(s) the grant uf Letters in the appropriate form:
DecedenYs Information / (�,
� Name: Linda Kay Momsse� File No: �13._ I `�� lJ
�a. (Assigned by Register)
a/k/z:
a�k/a: Social Security No:
Date of Death: AuQUSt !3,2013 Age at death: 66
Decedent N�as domiciled at death in Cumberland Count}, pennsyivania ls�are) with his/her last
pnncipal residence at 6'0 Allenview Dnve Mechanicsbure PA 17055 U�ner Allen Townshin Cumberland CounN
Street address,Pos[Office aod Zip Code City,Township or Baraugh County
Decedent died at 630 A1lenview Drive Mechanicsbure PA 17055 Upner Allen Townshio Cnmberland Countv PA
Street address,Post O�ce and Zip Code . City,Township or Borough County State
Eslimate of vaiue of decedenPs property at death:
If domiciled in Penrssylvania.. . . . .. .. . .. .. . . ..�. . . . . . ... . Nl peisonal pmperry S 178,OOO.DO
If not domiciled in Pennsylvania. .. . .. .. .. . . .. . . . . . .. .. . Persooat pmperry in Pennsylvania $__
If not domlciled in Pennsylvarsia. . . .. . . . .. . . .. . .. . . .. . . . Pe[sonal property in Counry S_
L'aLue of real ut¢te in Pennsylvania.. . . .. .. . . .. . .. .. . .. . . . . . . . . ... . . . . . . . . . . . . .... . . . . . . . . . . $_ 1 50.000 00
TOTAL ES'fi]vIATED VALUE. . . . 5 328 000 00
Real esn[e in Pennsvtvania simated at: 630 Allenview Drive Mechanicsbura PA 17055� lipper A11er.Township Cumberland
!Anach addinona!sheers, Jnecessary.) Sheet address,Post Office and Zip Code City,Tawnship ar Borough CounTy
� A. Petition for Probate and Grant of Letters Testamentary `� :
`-
Peritioner(s)aver(s)ee/she/they is/are t6e Execumr(s)named in the last Will of the Decedent,dated A��st�};200`i � and Codicil(s)
thereto dated N/A �
Shte relevant circumstances(�g.renunciutlon,dea[h of¢ecu[or,ete) ��T .
Sxcep:as follows: aftert6e execution ofthe inshument(s)offeeed forprobate Decedent did no[marry,was not c6vorced,aias not-a partyto apending
diwrce proceeding wherein the�ounds for diwrce had been established as defined in Z3 °a. C.S. § 3323(g),8nd did not have a cuild bom or
adopted;nod Decedent was neither the vicrim of a killing nor ever adjudicated an incapaciffi[ed person. �� . �
I .� � �
Q NO EXCEPTIONS �EXCEPTiONS_ _ ' _���
�
0 B. Petifion for Graut of Letters of Administration (Ifappticabie). �
c.t.a., d.b.n., d b.n.c.t.a.,pendente IiA:, durante absentia, durante minantate
If Administration, c.t.a. or db.n.c.t.a., enter date of Will in Secfion A above and complete list of heirs.
Except as t'ollows: Decedent was oo:a party to 3 pending divorce proceeding wberein tbe erounds for civorce had be.eo.estabiis6ed as defined
in 23 Pa. C.S. § 3323(g)and was neither tbe victim of a killing nor ever adjudicatec4 ac incapacitated person. .
Q NO EXCEPTIONS � EXCEPTIONS_
Peritioner(s),afrer a proper seazch hasmave ascertained that Decedent left no Will and was survivedbythe folloo✓ing spoues(fany)and heus(attach
nddiaonai sheers, if necssarv): �
�_ Name Relationshi Address -
Fo,m xw-0z �e�-_�oiuizotr Page 1 of 2
. s
Oath of Personal Representaiave ar,C�si v�o�aY
COMM4NWEALTH OF PENNSYLVANiA } �
} SS:
COUNTY OF Ct7MBERLAND }
Peritioaer(s)Prmmd Name petitiona{s) " red Address � �
Tamm L. Sta f 634 Al3enview Drive Mechanicsbur 17QS5
The Petitionc�(s)abova-named swesijs)or affixm(s)[he statements in t6e fo�cgoiag Petition ere tzua � �correct m�e best offfie lmowladge and bellef
of PceGanet{s}a�i;het,as Pa�onat Represenmtive{s}of the 4ccetdea1t,ihe Paitianec{s}w�i ' ly iha estste eccarding to taw. .
Sworn to or gffirmad�nd subsc�ri,nb��ed before ,,---1( �'ir..,..,..., 1 pe� •- �,.. �
me�c/��'n b J.0 ,�E713 Dace
�y: �U Mt�Aa�� Dam
For Nu Re 'p fl}e
B4ND Required: Q YES � NO To tke Regtster of Wills:
FEES: Piease enter my appearan �. by my signature below: �
Letters . . . . . . . . . . . . . .. .. . ... . S__y� Attomey S' rc i
{ F� }5hort Certi6cate{s)..... .
( )Reaunciatioa(s).. . . . . . . . „�.�"
( ) Codicil(s). . . . . . . . ... . . . - ,/
{ )A�davit(S)... . . . . .. . .. f� �.. �
Boad... . . . . . . . . . . . .. .. . . . . . . /` Priated Name: Robert D. ��ociak � "�-.; �
_ - �; � rn
Commissi¢n. . . . . . . . . . . . . . . . . . .�'" Supreme Cuuri ; e ��- c7
;,.
OtLer . . . . . ., . � 'rj ID Number: 18042 � �,? :� .� ;J
. .R',_-�� . f`.�
i�"y Rs -;; _ " a
!7. , . . .. �C'j Firm I3ame: Kodak La� Offiees, r,,� ::��
. . . • . . Address: 407 N f` -r � ��7 '�-'y
� „ �
. . . . . . . . � ' �,. Ct'i '_... ,�.. rri
... �. � �
. . . .. ... Harris A 17108� c'���^T' .. _..
. . . . .. . . c� c?' -, — Y
Phone: 717-238-71 2 _..__!�.f�j_ tV�_:_P's.t
�
Automation Fee. . . . . . . . . . . .. . . Fax: 7I7- -7 8 � � Ct� �
ICS Fee. . . .. . .. . .. . . . .. . . .. . Emait: tD
TOTAL.. . . . . . . . . . . . . . . . . . . . S Y . � ,
DECREE QF THE REGI3TEI2
Eatate of Landa Kav Morrissev File 1Vo; � " dV��J— (��
a/kIz
AND NQR',�,m��" � , �.013 ,in co ideradon of the foregoing Petition,
sakisfacto .ry proof hawing een presented before me,IT IS 77ECREETI that I,etters o estamen
are}�ereby granted to Tammv L.Stapf
in the! bove estate and(if applicable)that
tha ins�unent(s) dated A 29 2005
descrbed in the Petition be adiaitted to probate and filed o£zecord as*he last Will (ap C 'cii{s)) of I?ecedent.
�
!
egistar of i �
t�
�a,m xw-oz .�,loi�lnoaa Page 2 0�""2
,�.,
LAST WILL AND TESTAMFNT
OF
� LINDA K. MORRISSEY
C-: I . . _ —
1, Linda K. Morrissey, of the "1'ownship of Swatara, the County of Dauphin, and the Commonwealth
ofPennsylvania, being ofsound and disposing mind,l�ereby make,publish and declare this my Last Will and
Testament, hereby revoking and making void all prior Wills and other testamentary writings at any time
heretofore made by me.
L [ direct my Executrix or alternate Executor, hereinafter named, to pay all of my just debts,
funeral and testamentary expenses as soon as conveniently can be done after my demise.
❑. I give, devise and beque�ath the sum of One Thousand ($1,000.00) Dollars to Dennis Petrina
of Swatara Township, Dauphin County, Pennsylvania; however, be it known that should this,my Last Will
and Testament,be contested by Dennis Petrina or any member ofhis family,then this devise and bequest shall
become null and void and he shall receive nothing.
III. I give,devise and bequeath the rest,residue and remainder of my state ofwhatsoever kind and
wheresoever situate, unto my daughter, Tammy L. Stapf, of[,ower Allen Township, Cumberland County,
Pennsylvania.
IV. Should my said daughter, Tammy L. Stapf, predecease me. or should she�die simultaneously
with me,or in a common disaster,it being my direction and intent that in lhe event of such simultaneous death
or common disaster no Uniform Act reg�u�ding such event shall apply and only the above stated provision of�
this Will shall apply, then I give, devise and bequeath the rest, residue and remainder of my estate of
whatsoever kiud and wheresoever situate, to my granddaughter, Sullivan Sta�f, IN TRIUST, nevertheless,
unless Sullivan Stapf has attained the age of thirty (30) years.
V. Should Tammy L. Stapf predecease me and her share shall be passed unto Sullivan Stapf,and
shall Sullivan Stapf not have attained the age of thirty (30) years, 1 nominate, constitutc and appoint
Community Banks of Harrisburg, Pennsylvania, as Trustee of the estate her�ein passed to the receiving
Sullivan Stapf who has not attained the age of thirty (30) years.
VI. 7�hc 'Crustee hereinabove named shall:
(A) Hold,manage, invest and reinvest the trust fund for the benefit of said
Sullivan Stapf(hereinafter referred to as "the Beneficiary"l. ancM shall cotlect
the rents, interest, dividends and other income therefrom and after deducr.ion
of all proper charges and expenses shall, from time-to-time or at any time
during the minority of the beneficiary, pay or apply to or for t�e use of the
beneticiary all or so much of the net income theretrom and principal ther�eof,
induding, but not by way of limitation payments or applications for the
s��pport, maintenance and education of the beneficiary the Trustae, in its sole
discretion shall deem neeessary or advisable; such payments or applications
may be made by the Trustee directly or by paying such income or principal to
a guardian of the child's person with whom the beneficiary may reside at the
time of such payment,in every case withoutrequiring any bond_and the receipt
z
of such guardian of the person with whom the beneficiary may reside shall
constitute a full and complete discharge to the Trustee for ang payment so
made by it; and the "I'rustee shall, during the minority of thF beneficiary,
accumulate the surplus net income not so applied and the resultiug income
from such accumularions by investments as the Trustee is hereina.fter
authorized to make until the beneficiary shall attain the age of twenty-three
(23) years, whereupon the Trustee shall transfer, pay over and deliver tkirty
(30%) percent of the piincipal of the trust fimd as then constituted and any
accumulated income to the beneficiary absolutely; and, upon the beneficiary
attaining the age oftwenty-seven(27)years,the Trustee shall transfer,pay over
and deliver thirty (30%) percent of the principal of the trust fund as then
constituted and any accumulated income to the beneficiary absolute;and,upon
� the beneficiary attaining the age of thirty(30)years,the Trustee shall trans�(er,
pay over and deliver all the rest,residue and remainder of the h-ust fund as then
constituted and any accumulated income to the beneficiary absolute.
(B) In the event that any beneficiary shal I die prior to attainting the ag�e of
thirty (30) years, then upon such death the prinr.ipal of the trust fund as then
constituted and any accumulated income shall Ue transferred, Faid over and
� delivered by the"1'rustee to the executor or administrator of the beneficiar,y to
become and be disposed of as a part of her estate.
;
(C) The Trustee shall have,with respect to both principal and income of the
trust fund and any additions thereto, the following powers, authorities and
discretion without limitation by their specifications and until the actual
distribution thereof:
1. To retain any such property without regazd to the proportion
such properry or similar property held may bear to the �ntire
amount held, and whether or not the same is of the class in
which fiduciaries are authorized by law or any rule of court to
invest funds;
2. To sell any such property upon such terms and conditions as
may be deemed proper at either public or private sale,cither on
credit for such period of time as may be deemed proper �or for
cash, and with or without security and the purchaser of such
property shall have no obligation to see to the use or
application of the proceeds of sale; to exchange, lease.
sublease, mortgage, pledge or otherwise encwnber any such
property upon such terms and conditions as may be deemed
advisable;to grant options for any of the foregoing and to make
any lease, or sublease, including any oil, gas or mineral lease,
a
for such period of time and to include therein any covenants or
options for renewal as may be deemed proper without regard to
the duration of any trust and without approval of any coum,
3. "I'o invest and reinvest in and to acquire by exchange
property of any character, foreign or domestic, or interests or
participations therein, including by way of i Ilustration but not
ot limitations, real property, mortgages, bonds, notes,
debentures, certificates of deposit, capital, common� and
preferred stocks and shares or interests in investment trusts,
mutual funds or' common trust funds, without regard to the
proportion any such property or similar property held may bear
to the entire amount held and whether or not the same is af the
class in which fiduciaries are authorized by law or any rr�le oi'
court to invest funds;
4. To hold any personal property in any state; to register and
hold any property oPany kind, whether real or personal, at any
time held hereunder in the name ofa nominee or nominees;and
to take and keep any stocks, bonds or other sccurities
unre�istered or in such condition as to pass by delivery;
S
5. To employ in the exercise of absolute discretion investment
counsel, accountants, depositaries, custodians, brokers,
attomeys and agents, irrespective of whether any person so
employed shall be a fiduciary hereunder or a firm or
corporation in which a fiduciary hereunder shall have an
interest and to pay them the usual compensation for their
services out of the principal or income of the property° held
hereunder in addition to and without diminution oCor charging
the same against the commissions or compensation of any
tlduciary hereunder;and any fiduciary who shall be a partner in
any such firm shall nevertheless be cntitled to receive his share
as partner of the compensation paid to such firm.
(D) The beneficiary hereunder shall have no power to sell,alienate,assign,
mortgage,pledge,dispose of,hypothecate,transfer,appoint,or otYierwise effect
the Trust corpus and/or income therefrom. These provisions apply to both
voluntary and involuntary alienations by the beneficiary and/or his creditors,
as said alienations are strictly prohibited hereunder. The beneficiary herrein
named is not endowed with the power to dispose of and/or contract any Trust
property, real or otherwise, principal and/or the income generated thereby.
6
(E) This trust shall L�e construed,regulated a�nd governed in all respects as
lo administration and validity and affect by the laws ofthe Comrnonwealtlh of
Pennsylvania and its situs shall be Dauphin County, Pennsylvania.
V I1. Should there be any property of whatsoever kind and wheresoever situate�ofwhieh [have the
right to dispose at the time of my death, including but not ]imited to any special or general power of
appoinmient or both, I hereby appoint the same to my Executria:or alternate Executor set forth in Paragraph
VIII and IX hereof�.
V III. 1 nominate, constitute and appoint my daughter, Tammy Stapf, as Executirix of this, my Last
Will and Testament, and direct that she shall serve without bond.
IX. If the said I�ammy Stapf is for any reason unable or unwil ling to serve as Executrix of this,my
I,ast Will and Te�stament, [nominate,constitute and appoint Community Banks,�f Harrisburg, Pennsylvania.
as alternate Executor. Said Community Banks shall also serve without bond.
X. Said l xecutrix or alternate Executor shall have the power to discharge all�the debts, liens and
encumbrances upon my estate, as well as any taxes thereon, to pay�for the cost of the final disposition of my
rcmains and final illness, if any, to receive any and all commissions and other compensation for services
rendered by me during my lifetime and to perform any and all fiduciary duties authorized by statute. Further,
t direct my Executrix or alternate Executar to preserve my estate and any instructions pertaining to the
�
distribution of the same from any attachment or anticipation while in the hands of my said personal
representative, it being my express intent that all legacies shall be free fro�n any attachcnent ar anticipation
while in the hands of the accountant for my estate.
IN W[TNESS WHEREOF, I have to this, my Last Will and Testament,typewritten on nine(9)pages
of paper, set my hand and sea] at the end thereof this�`i�� day of��?L^�2005.
�'J���� � �SEAL)
Li da K. Morrisse �
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-�named �Cestah-ix, Linda K.
Morrissey.as and for her I,ast Will and Testament in the presence of us who, at her request. in his presence
and in the presence of each other,al l being present at tlie same rime,have hereunto set our Itands as witnesses.
� �-��a, '�—� (SEAL)
--���� �/�i���--
(SEAL)
x
COMMONWFAI:TH OP PENNSYLVANIA
SS:
COUNTY OP DAUPHIN
I,Linda K.Morrisssey,Testatrix whose name is signed to the attached orforegoing instrument,havine been duly qualified according
to law,do hereby ackno�vledge that I signed and executed the instrument as my Last Will and TestamenY,that I signed it willingly; and that
I signed it as my free and voluntary act for the purposes therein expressed.
% //n/
z_�sl��� �
�-- Lin a K. Morrissey �
Swom to and subscribed before me
this�day of ,�tGt'd1 ,2005.
� y
f
/��tr/i
. Public
' Cornmon�eakh Of Penn�vWanW
My Commission Expires �� �
9onrNe Jo hNAI.NofarY p�blk �
Gy'01 F�Ianyyy�G,py�in Counry
My Comrnb.7lm E�frea JWy 7.2007
Mwnbri.Pe�Maytvenia Assodation aNdaries
COMMONWEAL"I�H OF PENNSYL.VANIA .
SS:
COUN"1'Y OF DAUPHIN
WF., ��-�7C(X- �I�. fT'IS� and �fiCf4rt /3- J) )Ldiivri./I
the witnesses whose names are signed to the attached or foregoing instrument,being duly qualified according to law,do depose and say that
we were present and saw Linda K. Morrissey, Testatrix, sign and execute the instrument as her I.ast Will ancl TestamenT, that she signed
willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of
the Testatrix signed the W ill as witness,and that to die best of oor knowledge,the Testatrix was at that time I 8 or more years of age,of sound
mind and under no constraint or undue influence.
� -��,�
I ' ��/
Swom to and subscribed before me
i
i
this �J ��day of� > � '.C� ,2005.
/'� '
/ �,,(-�-�
� �-� l ��l/�'�T�PG�
� ry Public Caixrwnweakh Of Pen vanla
Nofa�lal Seal
My Commission [ixpires: gq��,b�p,ryay�,p��
(ZH Of HanN6u�g.Dauphki Camb
My ComMssim Expires July 7.2007
hiernber.Pew�sytvartia Assoclafion OlNofaries