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Home My WebLink About04-23-14 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 requests the grant of Letters in the appropriate form: Charles E.Gutshall DecedenYs Information %� Name: Franklin H.Mohney File No: 21-14 - U ✓I� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 03/01/2014 Age at Death: 93 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 2958 Lincoln Street,Camp Hill 17011 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hospital Camp Hili Cumberland PA Streel address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: If domiciled in Pennsylvania...................... All personal property $ 150,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 450,000.00 TOTAL ESTIMATED VALUE $ 600,000.00 Real estate in Pennsylvania situated at 2958 Lincoln Street,Camp Hill 17011 Camp HiII Cumberland (Attach additional sheets,i/necessary.) Vacant Land Jefferson Slreet address,Post Office and Zip Code City,Township or Borough Counry � A. Petition for Probate�nd Grant of Letters Testamentarv Petitioner(s)aver(s)that he/she/they islare the Executor(s)named in the Last Will of the Decedent,dated 02/11/2002 and Codicil(s) thereto dated State relevant circumstances(e.g.,renunciation,deafh 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 chdd born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS � EXCEPTIONS ❑ B. pp+�+ion for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durente minoritate If Administration,c.t.a or d.b.n.c.t.a.,enter date of�:'ill in Gection A above and comolete list of heir�. Except as follows:Decedent was not a party to.pending divorce proceedin wherein the grounds for divorce h�d been estab�d as def�d in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever a�udicated an incapacitated person. s �.7 � CR1 G7 C7 �NO EXCEPTIONS � EXCEPTIONS � � � �' � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the fotf�wia�sp�use�ny)��irs(attach additional sheets,if necessary): � � � N � tr7 r� � �� W :'vs C7 .�� Lry °_a Name Relationship Address °� C, ' "a `�n "�z �'? � �� !.-.+ —�! � "D � � O Form RW-02 rev.10-11-2011 Copyrighl(c)2011 form soflware only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Charles E.Gutshall 215 Northgate Drive Camp Hill,PA 17011 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�/D�dent, Petitioner�well and truly administer the estate according to law. Sworn to or aff med an subscribed before �� S _ oa�e me i r�ay of Date Date By: L � For the Register Date rV To the Register of Wills: 6"> ° �'I BOND Required? � YES NO —� � rn Please enter my appearance by my sign r�elow: FEES: � 1�1 �, m � � �? p Letters.......................................... $ v. AttorneySignature: rrr � n �7 Cn �7 ( )ShortCertificate(s)......... 2,�',E'[�� /� Q��1 � �'' � N �-� t� ' (ti2/V `t �. ( � )Renunciation(s).............. y'"' � .`�" �'`� � Q .�.� -�,.. � )Codicil(s)........................ ��r � , , � � c� Affidavit s Printed Name: Michaei ngs ,. � � � ( ) ( )...................... Bond............................................. `7 � F..a "° � Supreme Court : X7 �-- � Commission.................................. ID Number: 41263 --� N � � Other � (a � �`� Y� � � " � - Firm Name: Banps Law Office,LLC ��,�� ` Address: 429 South 18th Street �� 1 L/� —�� f�LC'��_ Camp Hill,PA 17011 Phone: 717I730-7310 Automation Fee............................ � Fax: 717/730-7374 JCSFee....................................... , � TOTAL......................................... $ E-mail: mikebangs@verizon.net DECREE OF THE REGISTER Date of Death: 03/01/2014 Social Security No: Estate of Franklin H Mohney File No: 21-14--�,�y-'�7 a/k/a: �l }' i ��'� ,in consideration of the foregoing Petition, AND NOW, � satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Charles E.Gutshall in the above estate and(if applicable)that the instrument(s)dated 0�/11/2002 described in the Petition be admitted to probate and filed of record as th las ill(and C d' il(s))of edent. t�t � � - � �.��, �V � ster of Wills " Copyright(c)2011 form software only The Lackner Group,Inc.i ( �� Page 2 of 2 �� ,� i � + ,.,�„�. ��,,�. � �.�.«�..��..�.,,,�.,� `.��.'—" Last Will of FRANKLIN H. MOHNEY I, FRANKLIN H. MOHNEY, the Testator, a resident of Cumberland County, Pennsylvania, declare that this is m_y Last Will. I hereby revoke all m_y previous wills and codicils. • �.., � � �' s � � 0 �T� � � (-"� � Cx� � `v - - Articl ��' _ " � `�� e One :z; ,-- ..; ;� _ ' �.rp N t,., ,�at C;-� _'` W •`� � ' , Introductory Provisions t:_�`� �_; '�`' -� `;; � ,:-:� c.-> 'rt 3 �r ; « � M, c`� _ ,� - rn � � N � t,`a, f�> � � . C� Section 1. Marital Status I am currently married to MAZIE B. MOHNEY, and all references to my Spouse in this will are to MAZIE B.MOHNEY. Section 2. Children All references to "my children", subject to the exclusion of any child under subsequent provisions of this Section 2, are to all of the children so identified in this Sectioli 2, but only to those children and any children born to or adonted by me subsequent to the exec��tion of this; my Last Will. a. The names and birth dates of my children are: I�Tame Birth Date cHA1u,ES E.GuTS�LL January O1, 1959 Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives � .r I appoint the following to be my Personal Representative(s) in the order of priority in which their names appear: MAZiE 8.1�10HNEY;THEN -�� ROBERT L.MOHNEY;THEN 2, � CHARLES E.GUTSHALL � !�r If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: FRANKLIN H.MOHNEY LNING TRUST, `j' dated FE� � � 2002 and any amendments thereto. I executed said revocable living trust prior to the execution of this Last Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of n�y property to my Personal Representative under this will as Trustee who shall hold, administea� and distribute my property as a testamentary trust the provisions of which are identical to tho�e of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Ariy additional to the federal estate tax for any "excess retireme�it accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living tnzst, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. linless specificaliy pro�idzd otherwise in my Trus"t, a1i deain iaxes incurreu 'oy reasori oi asse�� being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person(and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will, on F�� 2��2 . � FRANKLIN H.MOHNEY _ _ _ ATTESTATION CLAUSE On this �1T��, FRANKLIN H. MOHNEY, Testator, personally Published and Declared the foregoing instrument, as and for his Last Will and Testament, in the presence of each of us and all of us together, who, at his request, in his presence, and in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time he executed the foregoing instrument he was of sound mind and memory, of lawful age, and did so execute it as his own free act and deed and not under the constraint or undue influence of any person. 1 ��. ` � /G.� � itness � , � � � ��' � ,��'�. Street Address � �� G�d' 'ty, State, Zip � �� , �„ Witness ��s� ��t Street Address ,�G��-u, i'z ��4-�t7C�� City, State, � COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN We, FRANKLIN H. MOHNEY,�.��S'C?.Yl 1/I . � IC�-1�'(�(� �� and �Q��'l�i�C� �l� ''��1�- , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument,being duly first sworn, do hereby declare to the undersigned authority that we were present and saw the Testator si�:n and execute the foregoing instrument as his Last Will; that the Testator signed it willingly, or directed another to sign it far the Testator, that it was executed as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testator signed the Last Will as a witness; and that to the best of our knowledge the Testator was at the tim f sound mind and memory, of lawful age, and under no constraint or undue influence. . !/� F IN H. MOHNEY � �V�? �� Wi ness ` ,,�r�� Witness SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by , F IN H. MOHNEY, the Testator, and �� (_�.t�) �(�. ��"�and � ��(�_ , the witnesses, on this FE � � 20nz otary Public .,.�,.�....,,�.��u.� (SEAL) raot��,��;,��,t �,�. Linda L.Fet4oel��,rtc'tury PuM=��' Derry�dv��p.,�'��h�n C��a;�4y - ,Mv,��4r.rv.�,�'�'R3:� 'i (J�y Gomr�,:s.M tc�n i:x}'.v,.._,..�-........w..�,.....�. RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA N G► � n. ..i� � � G O � n � Estate of Franklin H. Mohney � � eas�i°� � S � .._{ C7 .7 y�, f" N �'► i'�7 r'— � tr1 W ;� CJ' �` C:� :�:i �� CC_� ..,,. �,.., "T'i �7 �j �p � � -ty � O ^r7 � � � c= ""' rrn . �0 N r i, � � 0 Robert L. Mohney in my capacity/re�itionship a�p nn a e brother of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Charles E. Gutshall � _ ,, _ , `� 1 (Date) (sign ture) Robert L. oh �/ 110 Vista Hermosa Circle Apt. 202B (Street Add2ss) Sarasota, FL 34242 (City,State,Zip) Executed 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 da party executing this renunciation and certified Y that he or she executed the ren ciation for the of , . purpos s tat d within on � day of � �� r j Deputy for Register of Wilis otary Pubii � My Commiss n Expires: (Signature and seal of Notary or other official qualified lo administer oaths. Show date of expiration of Notary's commission.) � .��°'_.�_'.:.._.....�_±rr^ �'r-ta N"s Y',V:;t�iiA tv 'ti�:`±.�',,,'.'iG.i SE41. 4'G'��r.GO�K. �;_'�a,t{�, �t�ry Pub#!Q �Ls�;�-ve;,�ftsr,�otvr?,s::i7a�Cu��ortsatfl Gact� iv�y G.�r�:mtasian�x{�+re�1l+lo�r 1Q,Y�)6 Form RW-OB Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA �� No. 2014- 00397 PA No. 21- 14- 0397 Es ta te Of: FRANKLIN H MOHNEY lFirst Middle,LasU La te Of: CUMBE LAND COUNTY Deceased Social Securi ty No: WHEREAS, on the 24th day of April 2014 an instrument dated February llth 2002 was admitted to probate as the last will of FRANKLIN H MOHNEY (First,Middle,LasU Iate of CAMP HILL BOROUGH, CUMBERLAND County, who died on the lst day of March 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: CHARLES E GUTSHALL who has duly qualified as EXECUTOR(R/Xl and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set rny hand and affixed the seal of my office on the 24th day of April 20�4. f ' y ; � '� � (�f '��`� �, , �;�r ;)��; � �, t { �; `-= + Regis�er of, ills '�,t , ' � ;i ,, � � � , , _� � �, ��.�� : i ' �� :� �.��.� \• � Depui4 ty,.--�! i , f �- �.�,.,,,,,,n.�.� rTT nrnn�r�c ➢R(ITTF' APPFAR (FIRST. MIDDLE, LAST)