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HomeMy WebLinkAbout01-28-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of ELIZABETH W. PENNINGTON NO."';; 1- 0 S- - c;ogq also known as MILDRED ELIZABETH PENNINGTON. a/k/a MILDRED E. PENNINGTON , Deceased Social Security No. 203-07-6646 Petitioner,..tIois18yearsofageorolder,appliesfor. (COMPLETE "A" OR "B" BELOW:) CYNTHIA CLIPPINGER IZl A. Probate and Grant of Letters and avers that Petitioner is the executrix named in the Last Will of the Decedent. dated June 2. 2000 and codicil dated None Staterglevantdrcumstances, e.g., renunciation, death Of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated inoompetent: NO EXCEPTIONS D B. Grant of Letters of Administration (d.b.n,c,l.a.: pendente me: durante absentia: durante mlnorltate) PeUtioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs. ') , r Name Relationship Residence '.'" , I ,--~) , . .' c . . . , (COMPLETE IN ALL CASES:) Attach additional sheets If necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at Messiah Villaae. 100 Mt. Allen Drive. Uooer Allen Townshio. Mechanicsbura. PA (liSlstreel.numberandmul'llcipal~y) Decedent, then RYears of age, died Januarv 16. 2005, at Holv Soirit Hosoital. East Pennsboro Townshio (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property ...........................................................................................$ 180000.00 (If not domiciled in PAl Personal property in Pennsylvania......................................................................$ N/A (If not domiciled in PAl Personal property in County................................................................................$ N/A Value of real estate in Pennsylvania ............................................................................................................................$ 705.000.00 TotaL............ .................................................................................... ................. $ 885 000.00 Real Estate situated as follows: 2421 Mt. Allen Drive UDDer Allen Townshio Mechanicsbura PA 17055 and vacant lot on south side of Mt. Allen Drive Uooer Allen Townshio Mechanicsbura PA 17055 Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Typed or printed name and residence Cynthia Clippinger, 16 Mumma Avenue, Mechanicsburg, PA 17055 Form RW.1 Page 1 of2 (Dauphin County) - Rev_ 9192 547909.1 Oath of Personal Representative Commonwealth of Pennsylvania County of The Petitioner(s) allove-named swear(s) and affirm(s) that 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, Petitioner(s) will well and truly administer the estate according to law. Swom to and affirmed and subscribed before me this () "1 -+ k day of {Jr' ffi11 h'i 20p- . l r.vr- J7 A A- C . j! 4'l'lJjtJ c., l(!//]uL~) ! ('(} ~J;*.1PA) (J " No. d 1- OS'" -oo'eA Estate of 1::11 z. '" TI'. 't.l . ~q-"''';'~1''''-t\ Go""..... l"\..\A,.~ e:''''Z.,,'o..~1I'.... ..,;.\~'"' ~ Social Security No:;JDa -~, -~u. ~l.o Date of Death: AND NOW, ,2005 ,in consideration of the Petition on the reverse side hereon, satisfactory roof having been presented before me, IT IS DECREED that Letters a Testamentary 0 of Administration Deceased. ~. \(k-<<-\~ Pc.M.1\~+fT' ;"". ~ are hereby granted to ~~~().~ e.4p~1f\rr '''''' ""..""""""",,,,,....."', ,=., m'''''''",' in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters,,, ,,," .,. ,,,.,,.,,. ,,,.,, Short Certificate(s)"."",.. Renunciation.."..,. ".'''' '" Affidavit ( )"",,,,,.,,.,,,, ~.w1.l\.. Codicil.."."..,,,.....,,....,,. JCP Fee"""""..""..."", Inventory",,, "......,. ,,,.,,., OtherM~ TOTAL..",.....",,,, FOIm RW-l Page 2 of 2 (Dauphin CoUflty) - Rev, 9192 FDnn RW-12 (Dauphin County. Filev. W921 $ IDID .ti..J $3[).tD $ $ $ \ 5oC> $ $ \D.D[,) $ $ 5.00 $ID~O .()() ., ,~~n ~~~r-.~\- Regisler of Wills ~ ~ _ \ ~ Attorney: Stanley A. Smith I.D, No: 33782 Address: Rhoads & Sinon LLP. PO Box 1146 1 South Market Square. HarrisburQ, PA 17108-1146 Telephone: 717-233-5731 time of notarization. COMMONWEALTH OF PENNSYLVANIA Notanal Seal Yvonne R. Durham, Notary Public City of Hamsburg, Dauphm County My CommiSSion Expires Aug. 20, 2005 Member, Pennsylvama Assoc ofNotanes 547913.] \"'\ 1'hi, i, to certify that the information hcre given is correctly copied from an original certificate of death d.~ly' filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records OffIce for permanent flhng. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. II""'''"'"'~~~~~;'; ",""ic~\.\" Of Pli........ l'~~'t~"\ t~ ~~. ~" g~. -'ri. ~i ~ ~I -,~j~:: Ii:i \*~~....~..~"*t ;.* --.' ~l '\.~ ___ ~l "_ 'fh, .-~\ ~\: "", '~'~I./" fNT \\ ",1'" 1;//""/1111#111 (~I _)"z,tAt4 /-f Local . t:.~ I '9tulj Regisrar Fee for this certificate. $2.00 P 11108723 Cl ' J Il'L1~O ~ ~te :fOIl ~- H105.143 Rev. 2JB1 Q. I -oS- - 008'9 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS TYPElPRINT " PERIIlANEHT BLACK1HK CERTIFICATE OF DEATH BIRTHPLACE (Cilyand Slaleor Foreign Counlry) srAT~ fllEliuMaER SOCIALSECURIT'fNUMBER DATE OF OEATH (Mo/'lil1,Day,VeaJ) NAME OF OECEOENT (fin!, Middle, Lnl) 11a. Honanaker 1;b, Own Hane OECEDENrS MAiliNG ADDRESS (SlInl. City/Towo, Stale, Zip COOa) DECEOENrs 100 Mt. Allen Drive ~~~~tJNCI: Mechanicsburg, PA 17055 ~~;I~';~".Jc;;)ns AS DECEDENT EVER IN U.S. ARMED FORCES'/ Ye.O NOm 12. 13 17a, Slale Pennsv I vania , . c< " " Cumberland 8cEast Pennsooro KIND OF BUSINESS/INDUSTRY =~Mf.L~ 7.Minersville PA b. FACILllYNAME(lrnot;n.l~ution,Q;vestreel""dflUmDer) ~Jt"" t l'oo>p' ca \ ERJO"'PO".OIO ,~o ~;:~Iv) 0 RACE-Ame<icafllndiafl,Blecl<,Wllite.et (SpeCIfy) , COUNTY OF DEATH 87 Vr. DECEDENT'S USUAL OCCUPATION (~~~~"1,t'1,,'::."~~~,:::r .. White " FATHER'S NAME (Fifst, Mi<1dle, Lasl) 18 Nonnan C~ Watkins INFORMANrs NAME (TypelPnnt) 20. thia P ~ CIl in er METHOD OF DISPOSITION &lrial IX! ClemaHon Owmo.al kom Sl~le 0 "'". Cumber land MARITALSTATUS-Maniad, Never Married,WKJowed. Diwrcecl{Spadfy) 1. Widowed 1Tc_129 Yes, decedenl Ii\tedi" Upper 11<1. 0 ~~~:.~!\:~: or SURVIVING SPOUSE I~w,l., g". m.".. ""mal Hb.Countv ". de""dent IIWllne IOWflship1 Allen ~" cdyllM'o ~ , ~ , < o 21b,Janu 19 2005 SEE OR PERSON ACTING AS SUCH LICENSE NUMBER 22b. PO - 14889 Tolh.Deslofmykl>Ol<l'ledlll',dealhoCCllrredatil1etim...dale~ndpleco.tal..d. ($iynal"'".ndTHle) ". TlMEOFDEATli MOTHER'S NAME (Firs!, Middle, Meiden Sumame) 19, Mildred Moore INFORMANT'S MAiliNG ADDRESS (SlIaet, Cily/Town, Slete, Zip Code) '" PlACE OF DlSPOSITION- N.me or Cemetery, Crematory LOCA iON Cily/Town, Stale, Zip Cooe orOlherPI"ce 21c.Rollin Green Cemete NAME AND ADDRESS Of FACILITY 22c, Mal zzi LICENSE NUMBER '" Hill PA 17 11 DATE SIGNED (MOOil1,D.y.Yea,) G ( C S L t 21. PART I: fC.'.'...diHo...,inlu.......o..pll<.lIo""w.,<.......d..."..Ih,Don.'.o'..(I-..mod..r....'..,."<h.....d.. ~1.lonlJo...U"Hon..chlln. ........Iot)'."...,......o.....>tr.Il".. 23b. 23c. WAS CASE REFERRED TO A MEDICAL EXAMINER ICORONE~ 211. Ye.O Nol.::::J ;Au>roximata PART II: Oil1....ign;rlCenlcond~lonscon'rib"hnglcdeeth,bul :inlervalbelween nol res"lling In lhe undetlying cau.a gi"""ln PART I : onset and deatli " 'ff:40 DATE PRONOONCED DEAD (Monil1,Day, Year) ( " " OuETO(OllfoSACONSEQUENCEOF) SeCjuenti~1iy Ii.lcondllioo. iany,leadlrlgiOimrnediale . cause EmarUNDERlYLNG CAUSE (Oisuse or lnjury iI1etinlli.teda"""I$ Jesuking ondaail1) LAST !: OuE TO 1011 foS ACONSEOOENCE OF) OUI' TO{OR~S~CONSEOOENCl; OF) WERE AUTOPSY FINDINGS AV~L"'BLEPRIORTO COMPLETION OF CAUSE OF DEATH? MANNER OF OEATH DATE OF INJURY IMo,"'O.,.V..'1 TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED "00 Nalu,al 0" AcdoJ"m 0 Suicide 0 Homickle o o o ~~~CE Of INJURY .";"';O~ .1,. (S..."I,) ... YesO NOD veoO Pe"d,nglllve.ugallon CoulojnolbaoJule,n,incu G '0,,';; Ye~D Nog- '" At tluma, re(m,.treet. tactory. offica '" LOCATION (S....al,Clty/Town. Slalo) 21. 28b. CERTIFIER (Cl>eck.,nly one) .l~~T:F~~tGor~~\I;~~.ifg7..~';:~c:g:,tt~J':iu.:: t"c: g,e.~~n.'.':~':~(:r~~3~~~~ii:a~.n:t~r..r:e~.~~.~~.~ .~~~~~~ .~'.'~ .~~;~\~,~.I~.~.I.t~.'~ .~~J... " ~ z w o w ~ o " o ~ z .PRONOUNCIN~ANDCERTtFVINGPHVSICIAN(Phy.lc;anbotlipro"oondngdaallianucel1ltylnglocausootdoall\) To tM but or m~ knowladg., dutn occurr.d allli. tlm., data, an<l plac., .nd <lu. to tn. oausa.(a) and mann.r u slalad, .MEDICAL fl(AMINERlCORONER 00 Ill, bul, 01 ...amln,tlon andl...- klvosllllallorr, In my opinion, dutn occur..d.t tne Ilm_, dal_, ~"d plac., .nd du_ to tha UtlIU(") and "",nna,nltal"" ,.. REGIST~'S IIGNATURE AND NUMBER ". ';(:: ~.u.~" A'" ~l.IA) ..j.,/,,, ';~; ) HWR/12-1-99/tgs/275780/#4 LAST WILL AND TESTAMENT OF ELIZABETH W. PENNINGTON I, ELIZABETH W. PENNINGTON, of Upper Allen Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. ITEM I: I direct that the funeral expenses and administration expenses allowable as deductions in my estate for federal estate tax purposes and the entire federal estate tax and state inheritance and estate taxes, including interest and penalties thereon (~Death Taxes"), that are payable by reason of my death on all property taxable in my estate for purposes of Death Taxes shall be paid in full by The Elizabeth W. Pennington Revocable Trust, and the Executor shall notify the Trustee of the aforesaid Trust from time to time of the amount or amounts which said Trust is hereby required to pay; provided, however, that if any property held in any testamentary or inter vivos trust created by FRED A. PENNINGTON (~My Husband") is included in my estate for purposes of any Death Tax, then any Death Tax Page 1 of 8 pages attributable to the inclusion of any such trust property in my estate for the purpose of that Death Tax shall be paid out of the Residuary Trust, as provided in the Trust created by My Husband; and if such Death Taxes are nevertheless advanced by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will; provided, however, that I specifically decline to exercise any power of appointment given to me in any Will, Codicil, Agreement of Trust or other instrument executed by My Husband. ITEM III: I give and bequeath all of my household furniture and furnishings, automobiles, farm equipment, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment to my children then living in as nearly equal shares as they shall select under the supervision of my Executor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such Page 2 of 8 pages articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. ITEM IV: I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to the then Trustee of The Elizabeth W. Pennington Revocable Agreement of Trust dated September 28, 1982, as then amended, originally between me, as Settlor, and Fred A. Pennington, Jr., James R. Clippinger and Dauphin Deposit Bank and Trust Company, as Trustee. ITEM V: No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VI: Any person who shall have died at the same time as I or under such circumstances that it is difficult Page 3 of 8 pages or impossible to determine who shall have died first, shall be deemed to have predeceased me. ITEM VII: In the settlement of my estate, my Executor shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by my Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as my Executor shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my Page 4 of 8 pages death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To the extent not paid from the Elizabeth W. Pennington Revocable Agreement of Trust, as amended, referred to above, to pay all costs, Death Taxes or other taxes, expenses and charges in connection with the administration of my estate, and the expenses of my last illness and funeral expenses. Ih) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. Page 5 of 8 pages (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. ITEM VIII: In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction; nor, as a result of such election, shall any compensating adjustments be made between income and principal. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. (c) To divide any trust hereunder or my inter vivos trust created by me into two or more separate, but identical, trusts. To divide any such trust which would have a generation skipping transfer tax inclusion ratio other than one or zero, into two separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust is that fractional share of the total trust fund that has a generation skipping transfer tax Page 6 of 8 pages inclusion ratio of zero, and the nonexempt trust is the remaining fractional share of the trust, with a generation skipping transfer tax inclusion ratio of one. The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to such a trust, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and the Trustee shall maintain adequate accounting and records for both such trusts. My Executor shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (d) To allocate any of my exemption from federal generation skipping transfer tax under Section 2631 of the Code to any property regardless of whether or not the property with respect to which such election or allocation is made is part of my probate estate. Any such election or allocation shall be made in the sole discretion of my Executor and shall be binding upon all persons, including the then trustee of any inter vivos trust created by me or My Husband, and such Executor shall not be personally liable for exercising any such discretion in good faith. ITEM IX: I hereby appoint my daughter, CYNTHIA CLIPPINGER, as Executrix of this Will. If for any reason she should fail or cease to act, JAMES R. CLIPPINGER shall act as Executor. Page 7 of 8 pages ITEM X: My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to t:: Lv r preceding seven (7) pages, this 1 day of of this and the \\ I. ~ n ;a c.vz> ~==-___' 1999. this, my Last Will and Testament, consisting c-- C. ,j!~ eJ~ ELIZ BETH W. ,/ - p 's-~ ~NIN~ We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above- named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing ind and memory. (SEAL) J1-?3i ICEAL (SEAL) Page 8 of 8 pages Residing at:.-Rl~~~ M 111< _~~__ ~ Re siding at: _1~!fL~J;;i!!gt1.J::!3~[;f /' ____1J1i/.iJ.!l@__i?g__..L'Zq'~ / Residing at: COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF We, Elizabeth W. Pennington, and the Testatrix and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testatrix, in the presence of the Witnesses, signed said instrument as her Last Will and Testament, that she signed voluntarily, that each of the Witnesses, in the presence of the Testatrix and of each other, signed said Will as a Witness and that to the best of the knowledge of each Witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. Elizabeth W. Pennington Witness Witness Witness Subscribed and acknowledged before me by Elizabeth W. Pennington, the Testatrix, and subscribed and sworn to before me by and , the Witnesses, on this day of 1999. Notary Public My Commission Expires: (SEAL) Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Elizabeth W. Pennincrton No. OC (-uJ -Wb l also known as Mildred Elizabeth Pennin ton a/k/a Mildred E. Pennin ton Deceased Henry W Rhoads and Sherill T Mover each a subscribing witness to the ®will presented herewith, each being duly, qualified according to law depose and say that they were present and saw the above Testatrix sign the same and that they signed as a witness at the request of Testatrix in her presence and D in the presence of each other ^ in the presence of the other subscribing witness(es). 1 n .. .. J ....~ our wry rawi 814 McCormick Road Mechanicsburg, PA 17055 fs~rill T. Moyer {Signatui 1641 Clarks Valley Road Dauphin, PA 17018 Sworn to or affirmed and subscribed before me this day of 2005. Public Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) Farm RW-12 (Daiphin Cwily -Rev. 9R2) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Yvonne R. Durham, Notary Public City of Hamsburg, Dauphin County My Commission Expires Aug. 20, 2005 Member, Pennsylvania Assoc of Notaries NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of Instrument(s) at time of notarization. ,~:. 547913.1