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HomeMy WebLinkAbout01-14-05 Estate ofK~c...n2".c~ also known as PETITION FOR PROBATE and GRANT OF LETTERS VJ. c...~~ No. ;, i - 0 5 - 0040 To: Register of Wills for the\ \ Deceased. County of c..u ~ 'at<.(" CC\... in the Social Security No." ~(o ~ C)'3, . \4 \0 '-It Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who islare 18 years of age or older an the execut \\~ in the last will of the above decedent, dated \ \\ J./v.. . \ 0, and codicil(s) dated named ,~~OL- (state relevant circHmstances. e.g. renunciation, death of executor. etc.) peceden! was domiciled at death in c..\.)rn'oSl.r\~~ h I.,. last family or prinfipal residence at \ \ \ c., DV0"1- Ee."," ~ \'^> , (A.ln--. -:> County t !'en Cu......V'J lvania" with C,C. (list street, number, Twp. or Boro.) Decedent. thcn._: lb year~ of age, died C)<2,.c...~ ~.;;t.y , 1!ll.).O(l't> at \\J~ S{>-..(" \ 'r \-\;::,<;.f',-\r^ C,..~ \-'n.)J.. UJ.JY>~\"" c...ou~ ~ Except as 'follows, decedent did not marry, was not divorced ~nd did not have a child born or a opted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death o"ued property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ SUO, CX'D. D0 $ 0 ~ 8 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters -+ ':\' theron. " 'or u c " i13 "~ ",. ~ -g.g d"';: 3~ "~ 30 ;; c '" Vi ').;.::(r~..<9 C!&d].n-eh) \..\~~(~J' b. Oe<:..k~ ~" ~C~I~;,~;:\~~O\\ c~ r-:' :,) -, '-'..;.'; :Cl -., OATH OF PERSONAL REPRESENTATIVE COMMONWEAL:rH OF PENNSYLVANIA } ss COUNTY OF Ll\lY\8f~U\NI) .1'I'j The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition areN true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. ~,,_LL/ /{) C6~)'L€A./ en C ~ " - " ~ ~ Sworn to or affir,m ,ed andSU'bS',cribed { before me this )t-/u, day of -;; . ~ ,~ .ill/nAb.> <2"-111:,_. 'cu.-jJtl~U"!' ( f-'J Ijt/(f L ( .- I,il>-~ ex ter , ,), =j'.(CI,/ No c2l - 0 5 ~ () D 1 c) . Estate oft<, \C\:-\ f\ \L.D \j'.) . ~I....I::'~ ~~:.JJ f'. R- , Deceased DECREE OF PROBATE AND GRANT OF LETTERS ,;Le05 - ,'4 AND NOW Vr:\:hl \ i Ki< 'j )Q, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, lT IS DECREED that the instrument(s) daten lr . I C/. 0 .:L described therein be admitted to probate and filed of record as the last will of KI Ci-\H~I),bJ, t. kI-!KUCR and Letters \ [;:0 T 1\ VI "\ ( N ( /tI< 'I are hereby granted to (\',TRfdl RFT D. C LFC KNt/1.( FEES Probate, Letters, Etc. ......... $-.1 i n.OD htl j lCtUYll'LAl ~ 1-<-':<-.L b.RL~ ii," "-/~~,'"' Register of wms F' tl V I r I J"t {(~!,( '. , ~~f,t}-" f\ \, {\ s... \<-\--0 cc4 \..1...\ <; lD "".:, \ ) Short Certificates( S) . . . . . . . . .. $ '\l\~L ReHtlw.,~c1L~un .11............... $ SCVQ AF $ TOTAL _ $ .:;<c.(C \S CO 15nC \ ATTORNEY (Sup. CLl,D. No.) L. ~~(\J>S <:.-~ \-c.cs;-Q...r... \\0... LC)u.....-s.'- ~-\-. '?'-J.G:::>)L \\~J \-l<C0I.~Q0~Di\ESS "A \1 \()'(; - \~I -. \1 -~~'t;- \ I~ \ PHONE Filed ................................... /J ....;}~-' Uwn.-. I~ 51a-1~r- ;'/tid ;:lHCT' 2-Y ff ""Hi !,"- h)LLOWS: ;vt' ~ -..... ....-... /~/ '/:.v:.~7Z-. /) 143RIlV2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS c,} CERTIFICATE OF DEATH ~,AME OF DECEDENT {F"51. Middle, lost) I. Richard AGE (Lasl Birthday) SEX STATEFILENLJMBER $OCIAL SECURITY NUMBER 8e. East pennsboro KIND OF BUSINESSIINDUSTRY )0/1,/ 3.726 o .. OAT OF DEATH (MOnm, Day, Y8~f) >C(rl1b'lI J/fJot"l IV. Cleckner "" " Momhs DaV5 "0= r , " Minutes 2. Male F AIH HOSPITAl ,npotieo,1II 7.Harrisbur" 6. FACILlTY~ME(llnotinSliluliu".g'veslfeetandf1urTlb8r) BIRTHPLACE (Cilyand Slale or Foreign Country) ~ coni n '" " ERiOulp,~"",D 00,,-0 R."dencoD ~s~:~.~ i 0 s,7R ,co (:OUNTY OF DEATH 11. Attorne 11b. Law DECEDENTS MAILING ADDRESS ISlreel, CilyfTown, Slate, lip CQde) 1119 Country Club Road 16. Camp Hill, PA 17011 FAHlER'S NAME(First,M,ddla, LaSl) 18. Amos C] eckner INFORMANT'S NAME (Type/Print) ~Oa. Mrs. Mar -aret METHOD OF DISPOSITION Burial DCtemallOn Olher(Specity) FU ER SERVI , AS DECEDENT EVER IN US ARMED FORCES7 Yes !Et""No 0 ". MARITALSTATUS_Marned Never Married, IMdowed DovotcedlSpecify) 14.Married RACE-Amencanlnd>an, Black '"",'''te ei (Specify) HI. White SURW/iN(;SPOUSIo 111""f.,","0 ",.'0." ''''''<1 .. Cumberland DECEDENT'S USUAL OCCUPATION (~'r::;ri~:{,i:"J/:"~'::.:i,:J,'t u/L / /OS/.J;';(; / e p DECEDENT'S ACTUAL RESIDENCE (See1n.lnxtion. (}(lotne"'de) Ha_SUlle PA 0,0 aeceaenl live'na IOwn.h'p? 17",~s,deceden'I,ved'n East Pennc;h(l'ro h...p 17b. counl"Cumberlnnd 17d. 0 ~~h~e~I~~I'I'I~'~~ 01 clly-,'bo,,-, MOTHER'S NAME (First. Mlddie Ma,den Surname) od-l " P INFORMANT'S MAILING ADDRESS (Sireet, CllylTown, State, l,p Code) 2Ob. 11 Road 'p, 17011 PLACE OF DISPOSITlON- Nameol Cemetel)', Cremalol)' LOCATION" CllyfTown, Slale, lip C()(j~ ofOlherPlaceCrJ?mr.\tlf'D Socip.ty 0 21c Penns lvnni? 21d. H.prrisbur> PA NAME AND ADDRESS OF FACiliTY Auer MemoriEl} Home & Cr~'r,c.ticn 22c Servicf's (nc. Harri"on 1 liCENSE NUMBER DATE SIGNED !Month_Day, Year) 22a. ompleleitems23a_conly....hencertltying phYSlClilr> 's rwl availabJe at lime 01 death lo cert'fycau.eofdeath l\ems24-26 must be completed by pe,-sonwhopronouncesaeath TotI1ebeslofmy~nowledge, death OCCUlTeJ althe lime, dat~ and place slated (S'gnalureandTitle) 23a. TIME OF DEA1H C '.~O J " 23b 23c WAS CASE REFERRED TO A MEOlc,o,L EXAMINER ICORONEfP 16 Yes~ I NoD 27_ PART I: En'er1t>o di..u.., mjun.. Q' OQnlplic-io'""," ...h'<h c.u.ed 1\led...... Q nu' on,...... ,node or d~il\g, .uch n <..d,.c '" (.'P".''''Y ''''''. ,hoc~ Qf h..rtl..t"". Li.t o"'~ ono c.u.. 0" ..co hno IMMEDiATECAUSf.iFinal ~Isease or condlllon fesullinginde~th)_ : App(O"male . Interval between : onset and aeath PART II, OlMr slgmficant condllions co[1I"~ullng lo ~~aih ~ur nol'~sultlng III the unde'11,n9 cau~e gi,en In PART, SeQuentlaltyli,ICOf)(j,tions ,fany, leaQ,ng to Immediate cau,e Enter UNDERLYING CAUSE {D,sease or Inful)' Ihalln,haledevenls (esulling On dealtl) LAST I: DUE TOIOfl A$ACONSEQLJENCEOFj WAS AN AUTOPSY VIol::RE AUTOPSY FiNDiNGS MANNER OF DEATH PERFORMED? AVAILABLE PRIORTD ITY' 0 COMPlfTION OF CAUSE tJatural HomLode OFfJEAlIi? 0 0 Aq,llent f-'en~"'~ Invesrr~aliQ{] Ye.0'NoO Ye.O '"1lY SUicide 0 COlJtdnotbe:Jelermln"d 0 DATEOFINJL;RY IMo"',O.j,v"." TIME Of' INJURY INJURY Ar WORK"' DESCRIBE HOW INJURY OC.C.URR~LJ 28a 28b CERTIFIER (CtLecl<. only one) .f~ ~~~F~~?or:;t:1!,TJ~~~s~~l1cg~:&i~J~u,;: I';; fl:'ea\r'a~~~I~r~~3rrK~~~i~fa~~ h:t~r~dr,,~un_Ce<i, d~~thacl~ .~.~.plete~ l\er""3) " '" PLACE or INJURv bu;ICloOQ",c{5"eo'M 3Ge. '" M Ye.D NoD 30e 30<1 LOCATIOI, IStr~el, C,tyITol'on, Sla'~i -Al nome, (Jrm, 'i'e~t, factory, olfree Co ~I\ f/\ 'PRONOUNCING AND CERTIFYING PHYStCIAN iPhys,c,an both pronoul1cmg ~ealh afl<.l celllty'flQ \0 Cause of ~eathi To tile bnl 01 my ~nowl..d\le, dUlh occurred ~I th.. lima, date, and ~Iace, anQ du.. 10 the caun'(,l and manner u .Ialed, 'MEDICAL EXAMINER/CORONER On Ihe bul. 01 eumlnallon and/or lllve.tlgatioll, ill my opinion, death occurred at Ihe lime, dal~, and place, and due 10 Ihe cause'(al and m"llfTeru,IBfed '" REGISTRAR'S SIG I. " .1._:.t,:--7L:'1'~~ i I.A/I~ /111 </ , LAST WILL AND TESTAMENT OF RICHARD W. CLECKNER I, RICHARD W. CLECKNER, of East Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. ITEM I: I hereby direct that all my funeral expenses and estate and inheritance taxes be paid by my Executrix or Executor as soon after my death as may be found convenient. ITEM II: I give and bequeath all my tangible personal property, together with all policies of insurance thereon, including but not limited to, any and all automobiles, furniture, furnishings, china, silverware, jewelry, ornaments, works of art, books, pictures and wearing apparel, but excluding cash on hand and tangible evidences of intangible personal property, to my wife, MARGARET D. CLECKNER, if she survives me. ITEM III: I give, devise and bequeath unto my wife, MARGARET D. CLECKNER, if she survives me, the smallest fractional share of my estate required to reduce to a minimum or to zero the Federal Estate Tax liability of my estate after taking into account all other items includable in my gross estate for Federal Estate Tax purposes whether or not such items pass under this Will. In computing the share of my estate to which my wife shall be entitled under this Item of my Will, the final determination in the Federal Estate Tax proceedings of my estate shall control, and only such assets as qualify for the marital deduction shall be allocated to the fractional share of my estate passing to my wife under this Item. It is hereby declared to be a primary objective of this will to reduce to a minimum or to zero the Federal Estate Tax liability of my estate, and my personal representative is accordingly hereby granted full power to take whatever measures and to make whatever appropriate adjustments may at any time be required by the Internal Revenue Code, the Federal Estate Tax regulations or decisional law to clearly qualify the assets passing under this Item of my Will for the marital deduction. ITEM IV: If I am survived by my wife, MARGARET D. CLECKNER, I give, devise and bequeath all the rest, residue and remainder of my estate unto MARGARET D. CLECKNER and RICHARD W. CLECKNER, JR., in trust, for the benefit of my wife, MARGARET D. CLECKNER, and said Trustees shall hold, invest, manage and otherwise administer said property for the following uses and purposes: A. To pay the net income therefrom to my wife, MARGARET D. CLECKNER, during her lifetime, said payments to be made at least annually and more frequently if my wife shall at any time request the Trustees in writing for more frequent payments of income. B. In addition to her right to the income from this residuary trust, my wife shall also have the power to invade the principal of this residuary trust in her sole and absolute - 2 - discretion, provided that such invasions of the principal of this residuary trust shall not exceed Five Thousand Dollars ($5,000.00) annually or five percent (5%) of the principal annually, on a non-cumulative basis, whichever of the two sums just mentioned is the greater. C. During the lifetime of my wife, the other Trustee, in his sole discretion (without the participation of my wife as a Trustee), may invade the principal of this residuary trust whenever in his judgment such invasions are reasonably necessary for the support, maintenance, and medical care of my wife. D. Upon the death of my wife, the trust shall terminate and the remaining Trustee shall distribute the principal and all accumulated income to my son, RICHARD W. CLECKNER, JR., free of trust. If my said son is not living at the time for distribution to him under this ITEM IV, the Trustee shall distribute the principal and all accumulated income to the following beneficiaries, free of trust, in the percentages stated: (1) To MARY K. CLECKNER - Forty-five percent (45% ) (2) To WENDY HEINZ - Twenty percent (20% ) (3) To SANDRA SPIEWAK - Twenty percent (20%) (4) To WILLIAM BARNES - Five percent (5%) (5) To DAVID S. DEIBLER - Five percent (5%) (6) To JEFFREY K. DEIBLER - Five percent (5%) - 3 - If any of these beneficiaries is not living at the time for distribution hereunder, his or her share shall be distributed pro rata among my surviving beneficiaries. E. In the event there is a vacancy in the office of Trustee of the Trust created hereunder, I appoint Ann E. Rhoads to act as successor Trustee. ITEM V: If my wife, MARGARET D. CLECKNER, does not survive me, I give, devise and bequeath my entire estate to my son, RICHARD W. CLECKNER, JR. If both my wife and my son do not survive me, I give, devise and bequeath my entire estate in equal shares to the following beneficiaries, free of trust, in the percentages stated: (1) To MARY K. CLECKNER - Forty-five percent (4S%) (2 ) To WENDY HEINZ - Twenty percent (20%) (3) To SANDRA SPIEWAK - Twenty percent (20%) (4) To WILLIAM BARNES - Five percent (S%) (S) To DAVID S. DEIBLER - Five percent (S%) ( 6) To JEFFREY K. DEIBLER - Five percent (S%) If any of these beneficiaries is not living at the time for distribution hereunder, his or her share shall be distributed pro rata among my surviving beneficiaries. ITEM VI: I hereby expressly authorize and empower my personal representatives and also Trustees of the trust herein created, in their sole and absolute discretion: A. To retain as part of my estate, or of the trust estate hereinbefore established, any property or investments - 4 - which I may have at the time of my death, whether authorized by law as proper investments for fiduciaries or not, it being my desire that the same may be held unless, in the judgment of my personal representative or Trustees, such property or investments are clearly not suitable investments. B. To invest, reinvest, alter, vary and change investments and reinvestments. and in so doing, my personal representatives and trustees may act without restriction to so-called legal investments and without responsibility for diversification. C. To sell, lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of, or grant options with respect to, any and all property at any time forming a part of my estate or of the trust estate, for such prices and upon such terms, credits and conditions as may be deemed advisable. Any lease made by my personal representative or by my Trustees may extend beyond the period fixed by statute for leases made by fiduciaries. D. To borrow money for any purpose connected with the protection. preservation or improvement of my general estate or of the trust estate whenever deemed advisable, and, as security, to mortgage or pledge any real estate or personal property of which I may die seized or possessed or forming a part of the trust estate, upon such terms and conditions as may be deemed advisable. E. To vote in person or by general or limited proxy with respect to any shares of stock or other securities held - 5 - by them; to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of any corporation in which my estate or the trust estate may have any interest, or to the sale, lease, pledge or mortgage of any property by or to any such corporation; and to make any payments and to take any steps which may be deemed necessary or proper to enable it to obtain the benefit of any such transaction. F. To hold investments in the name of a nominee. G. To complete, extend, modify or renew any loans, notes, bonds, mortgages, contracts or any other obligations which I may own or which I may be a party or which may be liens or charges against any of my property or against my estate, although I may not be liable thereon, in such manner as may be deemed advisable; to pay, compromise, compound, adjust, submit to arbitration, sell or release any claims or demands of my estate or the trust estates against others, or of others against my estate or the trust estate as may be deemed advisable, including the acceptance of deeds of real property in satisfaction of bonds and mortgages, and to make any payments in connection therewith which may be deemed advisable. H. To make distribution of my estate or of the principal of the trust estate in their discretion, in kind or in cash, and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share. - 6 - I. To execute and deliver any and all instruments in writing which may be deemed advisable to carry out any of the foregoing powers. No party to any such instrument in writing signed by my personal representative or by my Trustees shall be obliged to inquire into its validity, or be bound to see to the application by my personal representative or by my Trustees of any money or other property paid or delivered to them pursuant to the terms of any such instrument. ITEM VII: All estate, inheritance, legacy, succession or transfer taxes (including any interest and penalties thereon) imposed by any domestic or foreign laws now or hereafter in force with respect to all property taxable under such laws by reason of my death, whether or not such property passes under this, my Will, and whether such taxes be payable by my estate or by any recipient of any such property, shall be paid by my personal representative or my Trustees, at such time or times as may be deemed advisable, out of my general estate as part of the expenses of the administra- tion thereof with no right of reimbursement from any recipient of any such property. ITEM VIII: No interest of any beneficiary under this will or any Codicil hereto or any beneficiary under any trust created under this Will shall be subject to assignment, anticipation, attachment or other voluntary or involuntary alienation, nor shall such interest of any beneficiary be subject in any way to the claims of creditors of the beneficiary. - 7 - ITEM IX: I nominate, constitute and appoint my wife, MARGARET D. CLECKNER, to be the Executrix of my estate, and if she is deceased or unable to serve, I appoint my son, RICHARD W. CLECKNER, JR., as Executor, and if my said son is deceased or unable to serve, I appoint Ann E. Rhoads as Executrix. No fiduciary named herein shall be required to post bond or other security in any Jurisdiction. ITEM X: In the event that my wife and I die in a common accident or under conditions making it impossible to tell which of us survived the other, my wife shall be deemed to have survived me if such presumption shall be advantageous in determining the tax liability of my estate. IN WITNESS WHEREOF, I have hereunto set my hand this, my Last Will and Testament, this IC{~day of and seal to )CW(~ ( 2002. c; c;-, iZi~ RICHARD W. CLECKNER ~- (SEAL) Signed, sealed, published and declared by RICHARD W. CLECKNER, the Testator, as and for his Last Will and Testament, in our presence, who, at his request, in his presence, and in the presence of each other, we believing him to be of sound, disposing mind and ave hereunto subscribed our names as witnesses. P~i ~.~ ;U. OF !vAA.-/ ~,IA /1D10 . . . j-/ / 7/;Y;; " /;:l/k~{f OF .L;~' ,,_"\ '-1,("/:r'/(..: --'l/.rr--I.." j ~n /--/ / /~ - 8 - COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, RICHARD W. CLECKNER, l/,}dc( //It:' /C/! "'_ O~/"7j5 ,)' e . SAc, /!l. and the Testator and 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 inscrument as his Last will and Testament and that he had signed willingly, 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 witnesses and that to the best of their knowledge, the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. 7 / '- X^.,. / t.A '/;!{' ~~..-....-- R"~ -~.../. J . / . / ./ ":-~ / //{2C,/)~'C< " Subscribed, sworn to and acknowledged before me by RICHARD W. CLECKNER, the Testator, and subscribed and sworn to before me by [;0/1/,/ ) j, 5).'01(0 and ///.,t:/.-<... 4;;,</(',7<:'" witnesses, this /9/7, day of:A'-,;-/c" ,2002. ,,I' / ~'>7./'~/ (I. Notary rublic / 7>/~, 4/' / , {/(..ny Notarial Seal Jenny A. Tobias, Nolary Public Hemsburg, Dauphin Ccunty My ;jN'1~l~S:_Ai('jf' Expires Feb.15. 2005 ------_..-";.,."~...............