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HomeMy WebLinkAbout11-26-13 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: May Kitzmiller Riddlesberger File No: ,,[1 - 13- ►a --� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 11/19/13 Age at death: 100 Decedent was domiciled at death in Cumberland County,PA (state)with his/her last principal residence at 637 Yorkshire Drive Carlisle Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 637 Yorkshire Drive Carlisle 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 $ If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 279,000.00 TOTAL ESTIMATED VALUE. ... $ 4_24. . . Real estate in Pennsylvania situated at: 637 Yorkshire Drive Carlisle 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 01/06/2011 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor% c.) I � c�..> r't1 G7 Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry, s a-Pt divorce4;ryas n i qty to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.Sr§13 i(d and4 not%i v child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated persR. Tr r` N rn rrt r- 2M M ®NO EXCEPTIONS ®EXCEPTIONS s' C/-) _ ® B. Petition for Grant of Letters of Administration (If applicable) - - w c.t.a.,d.b.n.,d.b.n.c.t.a.,pendeftt?liT�_duranteFabsentiZt,4Ante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above alM complete--Wt o6ei-s. .° i..., 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. ®NO EXCEPTIONS O EXCEPTIONS Petitioner(s),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 sheets,if necessary): Name Relationship Address Form RW-02 rev.10/11/2011 Page 1 of 2 , , � Oath of Personal Representative o����u8�o,�y . _ COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF C�erland } Petitioner(s)Printe:d Name . - Petitioner(s)Printed Address John He Riddlesber er 1 Tower Ro M�Holl S rin s PA I 7065 James A.Smil ,Asst.Vice President, 1 W.Hi Street,Carlisle,PA 17013 Manufacturers and Traders Trust Co The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition ara true and con�ect to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of t,the Peti' n ell and truly administer tlie estate acco ' to 1aw. Swom to orTM rmed and subscribed before Date a 20/3 me tlus�day of. o�1'S Date_ l/Z�' Zo/3 ay' _ � Date :.Fer the�sgisk�r. �:�°.:;;�::,-;;.��., . Date �:.��` � .�:.:. ';;;,,:;;�;,-y;,.�� • ,•, li�tVT3�teqnired:�YES Q NO To the Reg�ster of Witlls:. FEES: Please enter my appearance by my signatnre below: . Lctters.... ....... ........... $ � Att rney Signature: � ( �P )Short Certificate(s). .... 'p ( )Renunciation(s)........ -- ( )Codicil(s). ............ ^ � )Affidavit(s)............ � �, �� Bond.... .�................... —""' Printed Name: Mark A.M `,.�.' � #r1 Commission. . . �-- Snpreme Court �p � . � � � . Other�1 ....•....... ID Number: 78931 � � � � _�r1 v�:�'�'t'�1'1-1 ....... �S' � �, r- � � i r�h.fiQ.ti � � ..... �S Firm Name: Mateya La � � %'� Q • •• ••••• Address: � .•�.� ....... � � . .... � ,C �,,...i, .,_,,, ........ . � t..�. , 717-241-650� C.� �' .� .. ... Phone: , � Automation Fee. .............. '.�.OD Fax: 717-241-3099 JCS Fee. .................... Emsil: mam Q a PvAlaw .nm . . TOTAL. . ................. � . DECREE OF THE REGISTER Estate of_Mav Kitzmiller Riddlesberger File r1o: �l+/� �✓/[� a/k/a: aNn�vow, cemb e�'- , �� ��o�� derat�oa of the foregouig Pet�t�on, satisfactory proof having been presented before me,IT IS that Le rs ! � G are hereby granted to e ' � --� in the above te and(if pplicable)that tfie instrument(s)dat described in the Petition be admitted to obate and filed of reco d as the last ill(and Codicil(s -o Decedent. Register of Wills . • L.� Fornt RW-02 rev.10/Il%1011 f Z H105.805 REV(9/11) LAST WILL AND TESTAMENWD O F F 10,E 0 E REGISTER OF W7iLLS OF 1 013 NOU 26 19i 1 11 32 MAY K. RIDDLESBERGEWC L E R K 0 F ORPHANS' COURT CUMBERLAND CO., Pia I, MAY K. RIDDLESBERGER, of 637 Yorkshire Drive, Carlisle, Cumberland County, Pennsylvania,make this my will. I revoke any other wills or codicils to wills made by me. ARTICLE;I. DISTRIBUTION OF 1MY ES T A T 1" A. I give the following specific bequests to be distributed as follows: 1. I give to Roberta Fornwalt, presently residing in Mt. Holly Springs, Pennsylvania, the sum of Twenty-Five Thousand Dollars ($25,000.00); 2. 1 give to Michael Riddlesberger,presently residing in Everett, Washington,the sum of Ten Thousand Dollars ($10,000.00); 3. 1 give to Millicent J. Wilhelm, presently residing in Cincinnati, Ohio, the sum of Ten Thousand Dollars ($10,000.00); 4. 1 give to Mary Riddlesberger,presently residing in Davenport, Florida,the sum. of Ten Thousand Dollars ($10,000.00); 5. 1 give to Cathy Riddlesberger, presently residing in Davenport, Florida, the sum of Ten Thousand Dollars ($10,000.00); 6. 1 give to William Scott Riddlesberger, presently residing in Derwood, Maryland,the sum of Ten Thousand Dollars ($10,000.00); 7. 1 give to Lisa A. Walck,presently residing in Boiling Springs,Pennsylvania, Page 1 of 8 M• M.K.R, the sum of Ten Thousand Dollars ($10,000.00); 8. I give to Susan Riddlesberger Price, presently residing in Carlisle, Pennsylvania, the sum of Ten Thousand Dollars ($10,000.00); and 9. 1 give to Jay Riddlesberger,presently residing in San Francisco, California,the sum of Ten Thousand Dollars ($10,000.00). B. I give the residue of my estate in four shares, as nearly equal as possible at the absolute discretion of my Executor: One share to SAMUEL RIDDLESBERGER, One share to JOHN H. RIDDLESBERGER, One share to M.M. RIDDLESBERGER, JR., AND, One share to be evenly divided,at the absolute discretion of my Executor,between William Scot Riddlesberger, Susan Riddlesberger Price, and Lisa A. Walck, all shares per stirpes. C. Whenever property is to be distributed to the descendants of a person (the "ancestor"), such property shall be divided into equal shares, one share for each then living descendant in the first generation below the ancestor in which at least one descendant is living,and one share for each deceased descendant in such generation who has a descendant then living. Each share created for a living descendant shall be distributed to such descendant.Each share created for a deceased descendant shall be divided and distributed according to the directions in the two preceding sentences until no property remains undistributed. D. A person who has a relationship by or through legal adoption shall take under this will as if the person had the relationship by or through birth, except that a person adopted after reaching age twenty-one and descendants of such a person shall not so take. E. Any beneficiary or the legal representative of any deceased beneficiary shall have the right,within the time prescribed by law,to disclaim any benefit or power under my will and the Page 2 of 8 M, K R, M.K.R, interest so disclaimed shall be distributed as if such beneficiary predeceased me. F. Gifts of specific items of property mentioned in this will or any separate writing that is binding upon my Executor shall fail to the extent that I, or any duly authorized agent of mine, dispose of such property prior to my death. My Executor shall not substitute cash or any other assets for any such property. ARTICLE II.PROVISIONS FOR INTERESTS VESTING IN BENEFICIARIES UNDER AGE TWENTY-FIVE Notwithstanding the foregoing provisions, whenever any interest in my estate vests absolutely in a beneficiary under age twenty-five, my Trustee shall retain the interest upon a separate trust or together in one trust with other beneficiaries, as my Trustee decides at his or her discretion, and pay to each beneficiary as much of the net income or principal according to the following: A. My trustee may distribute to and among my issue,or any of them from time to time, all or any portion of the net income and such portions of the principal as my Trustee,in his absolute discretion,may deem advisable. Such distributions of income and principal may be made in such proportions among my issue as my Trustee, in his absolute discretion, may deem advisable, without regard to equality, and the pattern of any distribution of income or principal need not be followed at the time of any other such distribution. Any of the net income not distributed by my Trustee in accordance with the foregoing provisions in any calendar year shall be accumulated and added to the principal of this trust. Page 3 of 8 M.K.R, B. If a beneficiary dies before reaching the age of twenty-five years,his or her interest shall constitute a part of the beneficiary's estate. C. This trust shall terminate upon the earlier to occur of the following events: (1) At such time as all of my living beneficiaries shall have attained the age of twenty-five years; or (2) At such time as there is no beneficiary of mine then living. Upon termination of this trust in accordance with the provisions of subparagraph C hereof, or if either of the events specified in subparagraph C has theretofore occurred, the balance of the principal then remaining shall be distributed to my issue,per stirpes. ARTICLE III. PAYMENT OF EXPENSES AND OTHER CHARGES I direct my funeral expenses, including any and all costs associated therewith, to be paid from my estate. The estate, inheritance and similar taxes assessable on my death and passing under this will shall also be paid as a cost of administering my estate and my Executor shall not request any beneficiary to pay any part of such tax. ARTICLE IV. MISCELLANEOUS PROVISIONS A. Spendthrift Trust. To the .extent permitted by law, neither the principal nor income of any trust shall be liable for the debts of any beneficiary or,except to the extent otherwise specifically provided,to alienation or anticipation by a beneficiary. B. Matters of Interpretation. For simplicity, I have expressed pronouns and other terms in one number and gender,but where appropriate to the context these terms shall be deemed Page 4 of 8 n,.k R. M.K.R, to include the other number and genders. The bold headings are for convenience and shall not affect interpretation. ARTICLE V. APPOINTMENT OF FIDUCIARIES AND POWERS A. I name my son John H. Riddlesberger and Manufacturers and Traders Trust Company or their successor or assigns, to be my Co-Executors (hereinafter "Co-Executors"). If administration of my estate or trust should be necessary in any jurisdiction where my Co-Executors are unable to qualify, or if my Co-Executors deem it necessary for any other reason, I give to my Co-Executors the power to designate any individual or corporation with trust powers to serve with my Co-Executors stead. I request that no security be required of any Co-Executors, including a Co-Executor named pursuant to the preceding sentence. References in my will to my "Co-Executors" are to the one or ones acting at the time, except where otherwise specifically provided. B. Any corporate Executor or Trustee shall receive for its services the compensation for which it is willing to undertake similar services for others at the time such services are rendered, as evidenced by its published fee schedule in effect from time to time. Any individual who serves as Executor or Trustee shall be entitled to receive reasonable compensation for his or her services and, whether or not such individual receives compensation, shall be entitled to be reimbursed for expenses incurred for such services. C. I grant my Co-Executors the powers set forth in 20 Pa.C.S. §§ 3311-3332 and 20 Pa.C.S. §§ 7771-7780 respectively. In addition, my Trustee may merge any trust under this will with any trust having the same trustee and substantially the same dispositive provisions. If at any Page 5 of 8 M. K,Pt. M.K.R, time after my death the size of any trust under this will is so small that, in the opinion of my Trustee,the trust is uneconomical to administer,my Trustee may terminate the trust and distribute the assets to the person or persons authorized to receive the trust income in such shares as my Trustee may deem appropriate.No Trustee who is also an income beneficiary of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executor and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of my Executor and my Trustee. D. I request that my Co-Executors confer with Mark A. Mateya, Esquire, in the handling of my estate,he being familiar with my affairs. ARTICLE VI. DEFINITIONS 1. The use of the masculine shall include the feminine or neuter and the use of the singular shall include the plural, and vice versa. THIS SPACE INTENTIONALLY LEFT BLANK Page 6 of 8 `f� ;� M.K.R, 2. The term"estate,"where appropriate, shall include any trust hereunder. Executed this day of 2011. 1�10LI.- MayX Riddlesberge , Signed, sealed,published, and declared for and as her last will and testament by the testatrix in our presence,we all being present at the same time; and we,in her presence and at her request and in the presence of each other, have subscribed our names as witnesses whereof, all on the date last above written. OF AW . OF 5sw_ A. Carlrs1( P 1-7 013 Page 7 of 8 R, M.K.R, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND, to wit: Before me, the undersigned authority, on this date personally appeared MAY K. RIDDLESBERGER,and Mark A. Mateya, Esquire and CaaA,A S N-e!�Iy:�j , known to me to be the testatrix and witnesses, respectively, whose names are signed to the foregoing instrument and, all of these persons being by me first duly sworn, May K. Riddlesberger, the testatrix, declared to me and to the witnesses in my presence that said instrument is her last will and testament and that she had willingly signed and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed, that said witnesses stated before me that the foregoing will was executed and acknowledged by the testatrix as her last will and testament in the presence of said witnesses who in her presence and at her request and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said will and that the testatrix, at the time of the execution of said will, was over the age of eighteen years and of sound and disposing mind and memory. Sworn and acknowledged before me by May K. Riddlesberger, the testatrix, Mark A. Mateya,Esquire,witness,and 9,owxb- 4, &Pe-jr u , witness,this day of Qa�� 52011. May K. ddlesberger 1 Witness A Witness Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A.Aumiller,Notary Public South Middleton Twp.,Cumberiand county My Commission Expires March 16,2014 My commission expires: Member,Pennsylvania Association of Notaries Page 8 of 8 �`'} � ', M.K.R,