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HomeMy WebLinkAbout11-12-13 � rsesei 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: k*Xq- l t7(fJ &-Ar'rt C,K File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: `` Date of Death:November 2.2013 Age at death:65 Decedent was domiciled at death in Cumberland County,Pennsylvania (State) with his/her last principal residence at 304 Monroe Street, 17055 Monroe Townshir Cumberland Street address,Post Office and"Zip Code City,Township or Borough County Decedent died at 304 Monroe Street, 17055 Monroe Town hire 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 $ 0 i d Q(j r D If not domiciled in Pennsylvania. . . . . . . . . .. . . . . . . . . . . . . . Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . . . . . . . . . . . . .. . ... . . . . . Personal property in County $ Value of real estate in Pennsylvania.. . .. . . . . . ... . . .. . . . . . . . . .. .. . . . ... . . . . . . . . . . . .. . . . .. . .. . $ l 10 ) Poo- tab TOTAL ESTIMATED VALUE. .. . $ 1-2-01' a061? ox Real estate in Pennsylvania situated at:304 Monroe Street, 17055 Monroe Township Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated July 7,2005 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 adopt and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO and 0 EXCEPTIONS S. Petition for Grant of Letters of Administration (If applicable) c.i.a.,d.b.n.,d.b.n.c.t.a.,pendente lire,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 established as defined in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS Q EXCEPTIONS :, Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the fo;Ew�spouse Laany)M Qs(attach additional sheets, if necessary): :;7 rn 'v C= Name Relationship A*dr-ss 'M f--► t't Ca `tt tt �► C) Forn,Rw-o2 rev. 101112011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } E O P RE s.t 1 Petitioner(s)Printed Name Petiti i� �1�A resa i. N/ Maril nn.I. Will fts,aka Marilyn J. ill its, 107 Fast Allen Street, Mechanicsbra N 1105 a t. ILI aka Maril n.l. Will`tts M t i OF ORPHANS' COURT el-IMBERLAND C4., 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 Decedent,the Petitioner(s)will well-and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date /� �D� �I 3 the this May of Date By: Date For the Register Date BOND Required: Q YES '19-NO To the Register of Wills: FEES: —� Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ t)i) Attorney Signature: ( —7 ) Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . �. Codicil(s). . . . . . . . . . . . . L ( ) Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Andrew C. Sheely,Esquire . Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . W ID Number: 62469 1 h h.trw_Ye tL 1-n . . . kt . Firm Name: Andrew C. Sheely,Attorney at Law . . . . I . . . Address: 127 South Market Street . • • • . . . . P.O. Box 95 • • • • • • • • Mechanicsburg,PA 17055 . . . . . . Phone: 717--697-7050 Automation Fee. . . . . . . . . . . . . . . Fax: 717-697-7065 JCS Fee. . . . . . . . . . . . . . . . . . . . . 2, b Email: .andrewc.sheely @ verizon.net TOTAL. . . . . . . . . . . . . . . . . . . . . $_ DECREE OF THE REGISTER Estate of Di 4n l-1°e, File No: a/k/a: AND NOW, NJVErn , 0�1 , ��1 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Marilynn J. WillAs,aka Marilyn J.Willits,aka Marilyn J.Will¢tts ' in the above estate and(if applicable)that the instrument(s) dated July 7,2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codi il(s))of Decedent. Register of Willsp Forni RW-O2 rev. 1011112011 6 1 I l Page 2 of 2 MOMS REV(4/11) REC0R0 0 01.F[CE OF REG,1533TER OF 4`llLLS 1013 1:1r'u 12 Nil 1 :Llk WILL AND TESTAMENT CLERIC OF OF DIANNE E. BARRICK 4F�-�i���S' COIF�T CJVMl)FaR4e"%N9.0%arUdk, domiciled and resident at 304 Monroe Street. Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, declare that this document is my Will and revoke all my previous Wills and Codicils. I. IDENTfFICATIONS AND DEFINITIONS I am single and have no children. II. PAYMENT OF EXPENSES, DEBTS, AND TAXES I direct my Executrice to pay medical, funeral, and administrative expenses and all taxes payable by reason of my death, before any division of my estate. If there be no cemetery lot available for my internment, owned by me at the time of my death, I authorize my Executor to purchase such cemetery lot in Cumberland County with a contract for perpetual care, using therefor funds from my estate, and I authorize my Executor to cause title to or ownership of such lot so purchased to be vested in such person as my Executor shall designate. Further, in this connection, I authorize my Executor to expend funds from my estate, in such amount as my Executor shall consider necessary and desirable, for the purchase, erection and inscription of a suitable marker for my grave. My Executor shall not attempt to have any part of such taxes apportioned among the recipients of property includible in determining the amount of such taxes. Proceeds on insurance on my life up to the maximum allowable as an exemption from Pennsylvania Inheritance Tax and distributions from pension and profit sharing plans exempt from federal estate tax, all of which are payable to my Trustee or any beneficiary (�I, (other than my estate), shall not be used to pay debts, taxes, expenses of administration or other charges against my estates. III. SPECIFIC BEQUEST I give my Teddy Bear Collection to Amanda Mannke. I give my Clown Collection to Logan Mannke. IV. MOTHER SURVIVING If my mother, Shirley Earnest survives me, I dispose of my property as follows: Tangible Personal Property: I give all my remaining tangible personal property to my mother. If my mother does not desire the personal property, I give any items my mother does not desire to my friend Marilyn J. Willits. Investment Accounts: I have several investment accounts; however two are specially designated as Account A and Account L. These accounts are presently managed by Masland & Barrick Financial Services and held in an AIM Investment funds. If Amanada Mannke has not reached the age of twenty five (25) then the Account A shall be placed in with my Trustee hereinafter named, the balance of such property, to be held, administered and distributed as provided in the article of this Will entitled TRUST FOR AMANDA AND LOGAN. Likewise if Logan Mannke has not reached the age of twenty-five (25) Account L shall be placed with my Trustee hereinafter named, the balance of such property, to be held, administered and distributed as provided in the article of this Will entitled TRUST FOR AMANDA AND LOGAN. If Amanda has reached the age of twenty-five (25), then the balance in Account A shall be given to her and if Logan has reached the age of twenty-five (25), then the balance in Account L shall be given to him. Residue: I give all other property which I own or over which I have a testamentary power of appointment, to and for the benefit of my mother. V. MOTHER FAILING TO SURVIVE If my mother does not survive me, I leave all my property, personal and real, as follows: Investment Accounts: I have several investment accounts; however, two are specially designated as Account A and Account L. These accounts are presently managed by Masland & Barrick Financial Services and held in an AIM Investment funds. If Amanada Mannke has not reached the age of twenty five (25) then the Account A shall be placed in with my Trustee hereinafter named, the balance of such property, to be held, administered and distributed as provided in the article of this Will entitled TRUST FOR AMANDA AND LOGAN. Likewise if Logan Mannke has not reached the age of twenty-five (25) Account L shall be placed with my Trustee hereinafter named, the balance of such property, to be held, administered and distributed as provided in the article of this Will entitled TRUST FOR AMANDA AND LOGAN. If Amanda has reached the age of twenty-five (25), then the balance in Account A shall be given to her and if Logan has reached the age of twenty- five (25), then the balance in Account L shall be given to him. Residue: I give all other property which I own or over which I have a testamentary power of appointment, to and for the benefit of My friend, Marilyn J. Willits. If she and my mother should fail to survive me, then I give my estate in equal shares to: 1. My cousin, Vickie Steedle of Phoenix, MD, and 2. My cousin, Linda Burns of Studio City, CA, or the survivor. VI. TRUST FOR AMANDA AND LOGAN This trust is established for the benefit of Amanda and Logan Mannke who have not attained the age of twenty-five (25) years and who do not have a parent who received either a part of the residue at my death under Article IV or a portion of the corpus of this trust subsequently at age twenty-five (25) years. Income: The net income shall be accumulated and thereafter treated as corpus. Corpus: From the corpus of the trust, the Trustee shall p a Y from time to time or for the benefit of such one or more beneficiaries such variable amounts (even to the exhaustion of the trust) as are appropriate, in the discretion of the Trustee, for support and care where the beneficiary is not self-supporting through no fault of his own, for education (defined as four years of college, or equivalent preparation in business, technical or trade training, professional or other degree programs) if the beneficiary strives therefor in good faith, and for extraordinary requirements occasioned by illness or other misfortune. Amounts of corpus so distributed shall not be taken into account in making division of the trust when a beneficiary attains the age for distribution to him provided in the next paragraphs. When each beneficiary attains the age of twenty-five (25) years, the Trustee shall pay to him the share to which he would be entitled if the then existing trust fund were distributed to my issue then living, per stirpes, on the hypothesis that my only issue then living are such beneficiary and all younger beneficiaries of this Trust. This trust shall terminate when the youngest beneficiary attains the age of twenty-five (25) years. If this last beneficiary dies before attaining that age, then upon his death Trustee shall distribute the fund to my issue, then living, per stirpes. If, at the end of my accounting period, the current market value of the corpus of the trust does not exceed five thousand ($5,000.00) dollars, the corpus shall forthwith be paid to the beneficiaries of the trust then living. VII. FIDUCIARIES Executrice: I nominate and appoint my mother Shirley Earnest as Executrice of this Will to serve without bond. If she does not survive me, I nominate and appoint my friend Marilyn J. Willitts as Executrice of this will to serve without bond. Trustee: I nominate Orrstown Bank, as Trustee. My Trustee shall not be required to file an inventory or accountings with the Clerk or the Court having jurisdiction over this Will. I direct that he receive as compensation for his services as Trustee such amounts as he customarily charges for similar services at the time those services are performed. Powers: I give my fiduciaries, including successor fiduciaries, all the powers contained in Chapter 71 of the Pennsylvania Probate, Estates and Fiduciaries Code at the time of the execution of this Will, and those powers are incorporated by reference. VIII. MISCELLANEOUS Survival Defined: No person shall be deemed to have survived me or to be living at my death if he/she shall die within thirty (30) days after my death. In testimony of which I now sign this Will, in the presence of witnesses whose names will appear below, and request that they witness my signature and attest to the execution of this Will, this 7`" day of July, 2005 at 1237 Holly Pike, Carlisle, Cumberland County, Pennsylvania. DIANNE E. BARRICK DIANNE E. BARRICK, in our presence, signed this instrument. Before she signed it, she declared to us that it was her Will and requested that we act as witnesses to its execution. We believe her to be of sound mind, possessing testamentary capacity, and not subject to undue influence, fraud, or coercion. We now, in her presence, and in the presency,of each other, si below as witnesses, all on this 7T" day of July, 2005, at 1237 Hot e, Carlisle, erland ounty, Pennsylvania. residing at 1237 Holly Pike, Carlisle, PA 17013. residing at 34 Summerfield Drive, Carlisle, PA 17013 COMMONWEALTH OF PE NSYLVANIA ss COUNTY OF CUMBERLAND We, Joseph D. Buckley and Cheryl L. Bennecoff, the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as her Last Will: that she signed willingly and for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by Joseph D. Buckley and Cheryl L. Bennecoff, witnesses, this 71h day of Jul 05. Notar blic 17 M�1sAt ' MAMI�KIM MICgt1► 11a1f��►hIMC �Can�MOn1�M.1�+Z3.� RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY.. PENNSYLVANIA w M rn Estate of DIANNE E. BARRICK M c-a o � T-4ceasea M N C7 ? -n -n L _ Shirley Earnest iHity t actM/rely lc5 ship as (PrintAame) p C �`' Ca E.xecutrice of the above Decedent4 'f-Q y ren unec td��•-- to 3'- N administer the Estate of the Decedent and respectfully request that Letters be issued to Marilynn J. Willets, aka Marilyn J. Willets, aka Marilyn J. Willetts Lo 47-0 (Dore') (Signanrrej Ll N l p/i•R,K DA I V-6 (Street Address) C4ftL'i s tF- PA 11015 E..recuted in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of that he or she executed the renunciat'o11 for the purposes stated within on this �_day of /VDVEM J3Eke , -at3 Deputy for Register of Wills N ry PL lie My Commission Expires: COMMONWEALTH OF PENNSYLVANIA (Signature and Scal of Notary or other official qualilie(l to Notarial Sear administer oaths. Show date of expiration ol'Notarp's Commission.) Judy L.Yaw,Notary Public [Mo:unt Hol ly Springs Boro,Cumberland county commission Expires May 16,2014 Member,Pennsylvania Association of Notaries h'nrrn RIV_06 rev. 10.13.00