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Home My WebLink About03-24-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s)named below,who is/are 18 years of age ar 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 ��1� ` 0�� Name: Raymond S. Winters File No• a1k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 3/8/14 Age at death• 90 Decedent was domiciled at death in Cumberland County, PE1 (State)with his/her last principal residence at 145 Fairview Drive 17013 Carlisle Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 601 Hawthorne Drive 16648 Hollidaysburg Blair PA Street address,Post Otfice and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: If domiciled in Pennsylvania................................AI I personal property $ 70,000.00 If not domici[ed in Pennsylvania.............................Personal property in Pennsylvania $ IfnotdomiciledinPennsylvania.............................Personal property inCounty $ Valueof real estate in Pennsylvania.............................................................. $ TOTAL ESTIMATED VALUE.... $ 70,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County N C::� � A. Petition for Probate and Grant of Letters Testamentarv � � "� {''z � . Petitioner(s)aver(s)he/she/they is/aze the Executor(s)named in the last Will ofthe Decedent,dated 12/28/� �� J ��('�1 thereto dated �QTI� �� t'z"kJ� � State relevant circumstances(eg.renunciation,deatlr oJexecutor,etc.) f � � ...�"... ��,� iTt ,�' � C Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorc�'j a pe�i�tli ing,�-y p divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did�t ' ild�ii or� --�ry "t7 adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. p � � � � � � � NO EXCEPTIONS ❑EXCEPTIONS :,,� .�_� �y� � A„ -� '"� � � � �p ❑ B. Petition for Grant of Letters of Administration(ifapplicable) 3a p "� c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,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. ❑ NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper seazch has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heir�attach additional sheets,rf necessary): �- Name Relationship Address � Form RW-01 rev.10/1//10!! Page 1 of 2 Oath of Personal Representative O�cial Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } I Petitioner(s)Printed Name Petitioner(s)Printed Address 145 Fairview Drive Ba Winters Carlisle _ PA 17013 2148 Westward Place Karen Winters Martinez CA 94553 � The Petitioner(s)above-named sweaz(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 affrmed an ubscr'bed be re � �i(,�d— �—��/�jL �� Date me t ��iay of �� ,�/ Date 3-Z�-f " 1`� sy: �% l�: Date For the Register Date � BOND Required: ❑ YES NO To the Register of WiUs: � � � �;7 FEES: Please enter my appeararC4� my sig re b@Ib� • p,^� rn � � � Letters................. . ..... $ � �-vv � Attorney Signature: � � � � � ( 3 )Short Certificates(s) .. . ... !S��U r" D r" � --i C7 � � �'r'i t3i ( )Renunciation(s).. . ...... . '� � � ( )Codicil(s) . . . . . ..... . ... � ` [� � ( )Affidavit(s).. . . . .... . . . . � 'T� � � � Bond . ......... . . ... . . . Printed Name: Seth T.�o��'be�_�__� C'7 .... . .. Commission ... . ......... . . ..... Supreme Court 't� �'"r 1"'� ' Other ,,,, , , , ,, ID Number: 20304C�" �_�•� ' I �5.od �wy� �5, Firm Name: Martson Law Offices . ....... �!J` Address: 10 East High Street """ "' Carlisle PA 17013 "'•••• • • Phone: (717)243-3341 •�•• • • ••• Faac: �717)243-1850 Automation Fee . .. ..... .. . .... . . �3•`�— Email: smosebey�a,martsonlaw.com JCS Fee ... ....... .. ...... . .... TOTAL ......... ....... . ... . .$ DECREE OF THE REGISTER Estate of Raymond S.Winters File No: 0 �I��' ��'Y�� a/k/a: AND NOW, 'Y l , L2V!� , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary ___ are hereby granted to Barry Winters and Karen Winters __ in the above estate and(if applicable)that the instrument(s)dated 12/28/10 described in the Petition be admitted to probate and filed of recor as the last Will(and Codicil(s))of Decedent. � � egister of Wills Form RW-02 rev.10/11/2011 Page 2 0 LAST WILL AND TESTAMENT N 0 OF � s � rn RAYMOND S.WINTERS � „°-z, � � o rn = �, � cn � :v �, r- � --+ Q r � rn -� � a I,Raymond S. Winters, a resident of Carlisle, Pennsylvania declare this t��e{$i� �� Last Will and revoke all former Wills and Codicils. � c� C, -v -,�t -n oc � � "� � t��: : � N r m ARTICLE I ��„ � o c�n � Identification of Familv At the present time I am unmarried. In making this Will I have in mind my children,Judy Kocon, born 1942,Barry Winters,born 1948, and Karen Winters, born 1955, but does not include any children hereafter born to or adopted by me. Any reference to a "child of mine"or "my children"shall include the persons named or referred to in this Article. ARTICLE II Disposition of Remains I direct that my remains be buried in the family plot next to my wife,Rhea. I would like a simple ceremony,officiated by the pastor of First Assembly of God Church in Shippensburg, PA. I wish to be buried in a suit with no tie. I authorize my Executor to carry out these directions and wishes, particularly those for the disposition of my remains. ARTICLE III Appointment of Fiduciaries A. Appointment of Personal Representative. I appoint my daughter,Karen Winters and my son,Barry Winters as Co-Executors of my estate,but if either is or becomes unable or unwilling to serve,the other may serve as sole Executor. B. Bond; Court Supervision. My Executar shall have the right to serve without bond and to administer and settle my estate without the intervention ar supervision of any court, except to the extent required by law. Nothing herein shall prev�nt my Executor from seeking the assistance of the court in any situation where my Executor deems it appropriate. Will of Raymond S.Winters Page 1 of 6 Initials��ate:-1E7 !��--'�� ARTICLE IV Disnosition of Residue A. Provision for Descendants. I give all of the rest and residue of my estate, wherever located(hereafter referred to in this Article as "residue"),to my descendants if they survive me per stirpes. 1. Provision for Others. If I am not survived by any of my descendants, I give the entire residue to my heirs. ARTICLE V Altemative Methods of Distribution A. Purpose of Article. Recognizing that under certain circumstances the terms of this Will may direct that property be distributed outright to a person who is under age twenty-one(21)or under a legal disability;I make the following provisions to facilitate the distribution of property to such persons. B. Alternative Methods. Whenever the terms of this Will direct my personal representative(referred to in this Article as the "fiduciary")to distribute property outright to a person who is then under age twenty-one(21) ar under a legal disability,the fiduciary may retain pursuant to Paragraph C. of this Article or distribute all or any portion of that property in any one or more of the following ways: 1. Delivery directly to the beneficiary; 2. Delivery to the parent or stepparent of the beneficiary; 3. Delivery to the guardian of the beneficiary's person or property; 4. Delivery to any Custodian for the beneficiary under the Uniform Gifts to Minors Act; 5. Delivery to any then existing trust created for the beneficiary; 6. Deposit in a financial institution in an account established in the name of the beneficiary alone pursuant to the laws of the State of Pennsylvania; 7. Storage of any tangible personal property in safekeeping with the costs of storage to be borne by the beneficiary;or 8. Sale of any tangible personal property and delivery of the proceeds in any manner permitted by this Article. Will of Raymond S.Winters Page 2 of 6 Initials��Date: l� o2��lb Provided the fiduciary acts in good faith, upon delivery of any property in accordance with the provisions of this Article,the fiduciary shall be discharged from all responsibilities in connection with the property. C. DiscreNonary Trust. Any property not distributed as provided in Paragraph B. of this Article shall be retained by the fiduciary in trust for the beneficiary on the following terms and conditions: During any period in which the beneficiary is under a legal disability or under twenty-one(21)years of age,the fiduciary shall pay to ar apply for the benefit of the beneficiary so much of the income and principal of the trust as the fiduciary, in its sole and absolute discretion, determines is advisable for the beneficiaty's health, support, education and general welfare. At such time as the beneficiary is neither under a legal disability nor under age twenty-one (21),the fiduciary shall distribute any remaining trust assets to the beneficiary. If the beneficiary dies before all of the trust assets have been distributed,the fiduciary shall distribute any remaining trust assets to the beneficiary's estate. ARTICLE VI Administrative Provisions A. Powers and Duties of Personal Representative. My personal representative shall have all of the powers and duties granted to or imposed upon personal representatives serving with non-intervention powers pursuant to the laws of the State of Pennsylvania. B. Debts and Expenses. All expenses of administration chargeable to principal,the expenses of the disposition of my remains, and all my legitimate debts, if and when paid, shall be paid from the principal of my residuary estate. No debt need be paid prior to its maturity in due course and except as otherwise provided in this Will no interest in any property passing under this Will need be exonerated. C. Taxes. All estate, inheritance or other similar death taYes,together with any interest or penalties thereon,arising by reason of my death with respect to any property includable in my taxable estate, and any adjusted taxable gifts,whether passing under or outside of this Will, shall be paid from the principal of my residuary estate without reimbursement from the recipients or beneficiaries of such property,provided, however,that in the event any proceeds of insurance upon my life or any property over which I held a power of appointment are included in my estate for purposes of determining the federal estate tax liability of my estate,then the residue of my estate shall be entitled to receive from the recipients of any such proceeds or property the portion of such federal estate taaL liability attributable to such proceeds or property determined in accordance with IRC §§ 2206 and 2207. Will of Raymond S.Winters Page 3 of 6 Initials:�� Date:� � / ARTICLE VII Miscellaneous A. Number and Gender. Unless the context indicates a contrary intent,the plural and singular forms of words shall each include the other, and every noun and pronoun shall have a meaning that includes the masculine, feminine and neuter genders. B. Survival. To "survive"me, as that term is used in this Will, a person must continue to live for thirty(30)days after my death. C. Descendants. The "descendants"of an individual include only the following: 1. All such individual's biological descendants, except any person not born in lawful wedlock and his descendants,unless the biological parent who would otherwise cause him or her to be a descendant has acknowledged paternity or maternity in legitimation proceedings, or in an unambiguous signed writing identifying such person by name, or by raising such person in the same household; and 2. Persons adopted by such individual or one of his or her descendants, and their descendants. If the parent,who would cause a person to be a descendant as defined above, is replaced in an adoption proceeding, such person shall remain a descendant unless such parent voluntarily consents to the relinquishment of his or her status as parent in connection with such adoption proceedings. D. Heirs. The term "heirs" shall mean those persons entitled to inherit under the then-applicable laws of the State of Pennsylvania governing the descent of an intestate's separate estate. T'hey shall inherit in their statutory proportions. E. Exclusion of Pretermitted Heirs. Other than as set forth in this Will, I make no provision for any child of mine or descendant of a deceased child of mine. I specifically make no provision for any person(whether now living or herea$er born), other than a child named or referred to in Article I or a descendant of mine as defined in this Will,who may be entitled to claim an interest in my estate under the laws of the State of Pennsylvania. F. Legal Disability. A person is under a legal disability if my personal representative determines, in good faith,that the person is incapable of managing his property or of caring for himself, or both, or is in need of protection ar assistance by reason of physical injury or illness, mental illness, developmental disability, senility, alcoholism, excessive use of drugs, or other physical or mental incapacity. Will of Raymond S.Winters Page 4 of 6 Initials:n__sZ.�[ Date: � � /D G. Title to Real Property. Upon my death,title to any real property passing under this Will shall vest in my personal representative in his fiduciary capacity and shall remain so vested until my personal representative distributes or sells that property, at which time title shall vest in the distributee or purchaser. H. Disclaimer. Except as may be otherwise specifically provided in this Will, in the event that any beneficiary disclaims an interest arising out of this Will or any trust created herein it is my intention that the interest disclaimed shall be distributed in the same manner and at the same time as if the disclaiming beneficiary had died immediately preceding the event pursuant to the laws of the State of Pennsylvania. I. Governing Law. The provisions of this Will shall be interpreted in accordance with and in light of the laws of the State of Pennsylvania. J. Corporate Successors. Whenever a corporation or other business entity is referred to herein,the reference shall include any successor organization. K. References to Statutes. In this Will,the abbreviation "IRC" shall refer to the Internal Revenue Code of 1986 as amended. Will of Raymond S.Winters Page 5 of 6 Initials: 1`C��l Date:l 02 � /G I have initialed and dated for identification purposes all pages of this�,,,,,�}y Last Will, and have executed the entire inshument by signing this page on the,�/'8ay of ' v�C 20 Ib, at �Yl�.l, (� , Pennsylvania. Raymond S. Winters Attestation and Statement of Witnesses Each of us declares under penalty of perjury under the laws of Pennsylvania that Raymond S. Winters,the Testator, signed this instrument as his Last Will in our presence, all of us being present at the same time, and we now, at the Testator's request, in the Testator's presence, and in the presence of each other, sign below as the witnesses, declaring that the Testatar appears to be of sound mind and under no duress, fraud, or undue influence. ^ � C'�� [Witness S' ature] [Wimess Si nature] � E� h / � �,` I�� [Print Name] [Print Name] Residing at �i� �µ e�/� ��( Residing at C �� M+h!�j-Tr.� � � C�,- /,`r/� �� 7�� — ✓U�-1.51.� I—[ol � Will of Raymond S.Winters Page 6 of 6 Initials�l��J�y Date:�_s`y[a��'j SELF-PROVING AFFIDAVIT STATE OF PENNSYLVANIA } } ss. COLINTY OF �l,t,M,r3�.C..��l d } I,the undersigned, an officer authorized to administer oaths, certify that Raymond S. Winters,the Testator, and �� . "�,I� l.._�- "L� , and ��-�� A . N�I (.� the witnesses,whose names are signed to the attached or foregoing instrument and whose signatures appear below, having appeared together before me and having been first duly sworn, each then declared to me that: 1)the attached or foregoing instrument is the last will of the Testator;2)the Testator willingly and voluntarily declared, signed and executed the will in the presence of the witnesses; 3) the witnesses signed the will upon request by the Testator, in the presence and hearing of the Testator, and in the presence of each other;4)to the best knowledge of each witness the Testatar was, at that time of the signing, of the age of majority(or otherwise legally competent to make a will), of sound mind and memory, and under no constraint or undue influence;and 5) each witness was and is competent and of the proper age to witness a will. .� � Raymox�d S. Winters ��v(' 05 � : [Witness S nature] i ess ign ture] L./�I v`� � ��` ��r � � � [Print Name] [Print Name] Residing at �� y �r�e l� �� Residing at ��r�1,�� j� �C- �..9 Y��r /E `°� . y o l�(- ��'Ll_-1� ( -�- W I`i b I 3 Section for Notary Public: Subscribed, sworn and acknowledged before me by the said Raymond S. Winters,� T�estator, and by the said��U— �.., }�(�'1 L�iZ a d _ U�.1-�',1� �} . � � (� ,witnesses, thi� ay of�C�ly�.l�2,0 Ib. COMMONWEALTH OF PENNSYLVANIA c �/� NOTARIAL SEAL ' '�"r I � CAMELAJ.MANGES,Notary Public [Si e ofNotary) Boro M Carlisle,Cumberland County t My Commission Expires June 21,2014 �4'1�1 , C � �,� S� �� L� '�_��p••��.H J [Print or stamp name of Notary]