HomeMy WebLinkAbout10-04-13 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF ___CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s)named below,who islare 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:
Michael J.Wilt
Decedent's Information + rr ,,11C I J
Name: Faye K.Derry File No: 21-13 — !n D
a/k/a:
(Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 09/18/2013 Age at Death: 77
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 119 Oriole Drive,Carlisle 17013 North Middleton Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Carlisle Regional Medical Center,Carlisle,PA 17015 South Middleton Cumertand PA
Street address,Post Office and Zip Code City.Township or Borough County state
Estimate of value of decedent's property at death:
Hdoratcfied in Pennsylvania............__..... All personal property $ 130 000.00
If not domiciled in Pennsylvania...........,.. Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ '
TOTAL ESTIMATED VALUE $ 130,000.00
Real estate in Pennsylvania situated at
(Attach additional sheets,if necessary)
Street address,Past Office and Zip Code City,Township or Borough County
®A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 05/05/2005 and Codicii(s)
thereto dated
State relevant circumstances fe.g.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instruments)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
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
®NO EXCEPTIONS Q EXCEPTIONS
❑
B. Petition for Grant of Letters of Administration (it applicable)
c ta.,dbm.,d.bm.c.t.a.,pedonfe life,dumnte absentia.duranfe minodtate
If Administration,c.t a or d.b.n.c.4a.,enter date of Will In Section A above and complete list of heirs.
Except as follows:Decedent was not a party to pending divorce proceedin 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.
NO EXCEPTIONS Q EXCEPTIONS
Petitioner(si,after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional Aegis,if necessary): cl.� o :21
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RECORP,D O PICK OF
Oath of Personal Representative R EQ I S TE R D0 f'U,ILLS
COMMONWEALTH OF PENNSYLVANIA }
} SS: '[li3 JOT `! PM 1 33
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioners)Printed Address CLERX 01'
Michael J.Witt Box u3 ORPHANS' COURT
L
Name as listed in Will: Michael J.Wilt andisburg,PA 17040 CUMBERLAND CO., PA
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 ecgden PeI,% s)w I i�a d truly administer the estate according to aw.
Sworn to o affirmed and su scribed before �� ._._._..� Date
met is day of Date
By; Data
or me Register Date
BOND Required? ❑ YES ❑x NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters.......................................... $ 260.00 Attom Signatur .
{ 8 )Short Gerfificate(s)......... 40.00
(
)Renunciation(s)..............
( )Godieil(s)........................
( )Affidavit(s)...................... Printed fee D.Hughes Esq.
Bond............................................. Supreme C
ND u Commission...............................
58884
Other Will 15.00
PA Inheritance Tax Return 15.00 Firm Name: Salzmann Hughes,P.C.
Inventory 15.00 Address: 354 Alexander Spring Road,Suite 1
JCP 23.50
Automation fee 5.00
Carlisle,PA 17015
Phone: 717-249.6333
Automation Fee...... ...............
Fax: 717-249-7334
JCSFee.......................................
TOTAL............. .................... $ 373.50 E-mail: jhughes @salzmannhughes.com
DECREE OF THE REGISTER
Date of Death: 0911812013
Social Security No:
Estate of Faye K.Demy File No: 21-13
a+kta:
AND NOW, ,�U 1,� ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Michael J.Wilt
in the above estate and(if applicable)that the instrument(s)dated 05/051'2005
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
We$ster of Wills
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t�WY
LAST WILL AND TESTAMENT
I, FAYE K. DEMY, of Hampden Township, Cumberland County, Pennsylvania, being
of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to
be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me.
ONE. I direct my Executor or Executrix, as the case may be, to pay all of my
debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore,
I direct that all state, inheritance, succession and other death taxes imposed or payable by reason
of my death and interest and penalties thereon with respect to all property composing of my
gross estate for death tax purposes, whether or not such property passes under this Will, shall be
paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist
in my estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable
beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate.
TWO. My Executor or Executrix may, at his or her discretion, compromise
claims, borrow money, retain property for such length of time as he or she may deem proper;
lease and sell property for such prices, on such terms, at public or private sales, as he or she may
deem proper; and invest estate property and income without restriction to legal investments
unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell
any realty and/or personalty owned by me at my death and not specifically devised or
bequeathed herein, at'public or private sale or sales and to give good and sufficient deeds and/or
bills of sale therefor, in fee simple, as I could do if living. My '4xecutor dr;;ExecutVx is
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authorized and empowered to engage in any business in which I may bgengaged qU ny dea`tji, for
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such period of time after my death as seems expedient to said Executor--eff) cutrix. r n rm
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THREE. I give, devise and bequeath all of my estate of whatever nature and
wherever situate as follows:
A. Twenty percent (20%) thereof to MICHAEL J. WILT, per stirpes, which provides
that the child or children of any deceased beneficiary shall take the share their
parent would have taken if living;
B. Twenty percent (20%) thereof to DAVID A. WILT, per stirpes, which provides
that the child or children of any deceased beneficiary shall take the share their
parent would have taken if living;
C. Twenty percent (20%) thereof to TIMOTHY L. WILT, per stirpes, which
provides that the child or children of any deceased beneficiary shall take the share
their parent would have taken if living;
D. Twenty percent (20%) thereof to DIANA E. WILT, per stirpes, which provides
that the child or children of any deceased beneficiary shall take the share their
parent would have taken if living;
E. Ten percent (10%) thereof to the AMERICAN RED CROSS, for its general
charitable purposes; and
F. Ten percent (10%) thereof to the BETHESDA MISSION, Harrisburg,
Pennsylvania, or its successor, for its general charitable purposes.
FOUR. I hereby nominate and appoint MICHAEL J. WILT to be the Executor of
this my Last Will and Testament. In the event for whatever reason he is unable to serve as the
Executor of my estate, then in that event I hereby appoint DIANA E. WILT to be the substitute
Executrix of this my Last Will and Testament. In the event for whatever reason she is unable to
2
serve as the Executrix of my estate, then in that event I hereby appoint JAMES D. HUGHES to
be the substitute Executor of this my Last Will and Testament, whereby the said substitute
personal representatives shall have the same powers as are given to the original Executor
hereunder.
FIVE, If, under any of the provisions of this Will, any principal becomes vested
in a minor, my Executor or Executrix, as the case may be, including any administrator c.t.a,
shall have the discretion either to pay over such principal or any part thereof to any parent of
such minor, any guardian of the person or estate of such minor, or any person with whom such
minor resides, or to retain the same as trustee of a power in trust for the benefit of such minor
during his or her minority. Any of the principal thus retained, and any of the income therefrom,
including the whole thereof, may be paid to or applied for the benefit of such minor from time to
time in the discretion of the trustee of such power. When such minor reaches majority, the funds
so held shall be paid over to such person, or, if he or she shall sooner die, to his or her legal
representatives. In so holding any principal or income for any minor, the trustee of such power
shall have all the rights, powers, duties and discretion conferred or imposed upon my fiduciaries
acting under this Will. I further direct that no bond shall be required from any person receiving a
payment hereunder and receipt from such person shall be a full discharge to the trustee of such
i power who shall not be bound to see to the application or use of such payment. The trustee of
such power shall be entitled to commissions at the rates and in the manner payable to a
testamentary trustee.
SIX. No person(s) shall benefit hereunder unless such beneficiary shall survive
me by sixty(60)days.
SEVEN. No Executrix or Executor acting hereunder shall be required to post bond
or enter security in this or any other jurisdiction.
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EIGHT. No beneficiary may assign, anticipate or pledge its interest in any income
or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or
otherwise reach any such interest.
NINE. If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue pursuant to Paragraph Three hereof except that if such person or
institution is entitled to share in the said residue, that interest shall be distributed proportionately
to the other residuary distributees.
IN WITNESS WHEREOF, I have hereunto set my hand and sea] this day of May,
2005.
(SEAL)
FAY AK.K. DEMY
Signed, sealed, published and declared by the above-named person as and for a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and in the
presence of each other have hereunto set our names as bscribi wi esses.
7/
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ACKNOWLEDGMENT AND AFFIDAVIT
WE, FAYE K. DEMY, JAMES D. HUGHES and JENNIFER M. NEGLEY, the
testatrix and witnesses respectively, whose names are signed to the 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 herein expressed, and that each of the witnesses,
in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of
their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and
under no constraint or undue influence.
F 177
;JNIFE HUGHES
M.M.
COMMONWEALTH OF PENNSYLVANIA .
: SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by FAYE K. DEMY, the testatrix
herein and subscribed and swcXn to before me by JAMES D. HUG ES and JENNIFER M.
NEGLEY, witnesses, this day of May, 2005.
W ALTx OF PENNS XoYdry Public
Notarial Seal
Jacqueline L.Drewbaugh,Notary Public
South Middleton Twp.,Cumberland Cou
My Commission Expires Aug.14,200
Member,Pennsylvania Association of Notaries