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
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(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
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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'
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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
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$ 5.00
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Regisler of Wills ~ ~ _ \
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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.]
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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.
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Fee for this certificate. $2.00
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS
TYPElPRINT
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PERIIlANEHT
BLACK1HK
CERTIFICATE OF DEATH
BIRTHPLACE (Cilyand
Slaleor Foreign Counlry)
srAT~ fllEliuMaER
SOCIALSECURIT'fNUMBER
DATE OF OEATH (Mo/'lil1,Day,VeaJ)
NAME OF OECEOENT (fin!, Middle, Lnl)
11a. Honanaker 1;b, Own Hane
OECEDENrS MAiliNG ADDRESS (SlInl. City/Towo, Stale, Zip COOa) DECEOENrs
100 Mt. Allen Drive ~~~~tJNCI:
Mechanicsburg, PA 17055 ~~;I~';~".Jc;;)ns
AS DECEDENT EVER IN
U.S. ARMED FORCES'/
Ye.O NOm
12. 13
17a, Slale Pennsv I vania
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Cumberland
8cEast Pennsooro
KIND OF BUSINESS/INDUSTRY
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FACILllYNAME(lrnot;n.l~ution,Q;vestreel""dflUmDer)
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COUNTY OF DEATH
87 Vr.
DECEDENT'S USUAL OCCUPATION
(~~~~"1,t'1,,'::."~~~,:::r
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White
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FATHER'S NAME (Fifst, Mi<1dle, Lasl)
18 Nonnan C~ Watkins
INFORMANrs NAME (TypelPnnt)
20. thia P ~ CIl in er
METHOD OF DISPOSITION
&lrial IX! ClemaHon Owmo.al kom Sl~le 0
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Cumber land
MARITALSTATUS-Maniad,
Never Married,WKJowed.
Diwrcecl{Spadfy)
1. Widowed
1Tc_129 Yes, decedenl Ii\tedi" Upper
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SURVIVING SPOUSE
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SEE OR PERSON ACTING AS SUCH LICENSE NUMBER
22b. PO - 14889
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($iynal"'".ndTHle)
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MOTHER'S NAME (Firs!, Middle, Meiden Sumame)
19, Mildred Moore
INFORMANT'S MAiliNG ADDRESS (SlIaet, Cily/Town, Slete, Zip Code)
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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
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PA 17 11
DATE SIGNED
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WAS CASE REFERRED TO A MEDICAL EXAMINER ICORONE~
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DATE PRONOONCED DEAD (Monil1,Day, Year)
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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
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Nalu,al 0"
AcdoJ"m 0
Suicide 0
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CERTIFIER (Cl>eck.,nly one)
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REGIST~'S IIGNATURE AND NUMBER
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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
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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