HomeMy WebLinkAbout03-28-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate a/Charles E. Rabenstine
Also known as
No. d)-Do- OJTl
To: Register of Wills for the County of
Cumberland County in the
Commonwealth of Pennsylvania
, deceased
Social Security No. 193-18-5030
The petition ofthe undersigned respectfully represents that:
Your petitioner, who is 18 years of age or older an the executrix named in the last Will of the above
decedent, dated March 16,2000 and codicil(s) dated N/A
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or
principal residence at 12 Moore Circle, Carlisle, South Middleton Township, Pennsylvania.
Decedent, then 81 years of age, died March 15,2005, at 12 Moore Circle, Carlisle, PA 17013.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
Situate as follows:
$490.000.00
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters testamentary thereon.
'A~r;'~
Donna J. Houser .
1314 Georgetown Circle. Carlisle. PAl 70 \.:3
OATH OF PERSONAL REPRESENTATIVE
1 ':
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
"
Sworn to or affi~f\.d !lnd subscribed
Before me this~'OaY of March
*fl' .
l- :..< N(IJ b"'" \.'b~rlO.D\-..-QJ...~----'
y.,- ~. ;.;: Register ()
~~
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are tr11e1and
correct to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) b1'the
above decedent petitioner(s) will well and ttuly administer the estate according to law.
'<~ <2. x:~~
Donna J. Houser '"
1314 Georgetown Circle. Carlisle. PAl 70 13
No.s2J - os -;>,\
Estate of Charles E. Rabenstine, Deceased
DEGREE OF PROBATE AND GRANT OF LETTERS
AND NOW, Marc1G!::L, 2005, in consideration of the petition on the reverse side hereof, satisfactory
proof having been presented before me,
IT IS DECREED that the instrument(s) dated March 16, 2000 described therein be admitted to probate and
filed of record as the last will of Charles E. Rabenstine and Letters Testamentary are hereby granted to Donna
J. Houser.
~A1rJ(A":jOJtfLQA \~M~' ,() L
Registe 1 7M\~
T I . Andrews, Esquire 15641 ~\
est Pomfret Street
Carlisle, PA 17013
717-243-0123
~ _ _F~E~ . ,_ 15.00
Probate, Letters, Etc... ...... ....$ 41000
Short Certificates 60)... ...... ...$ 40.00
tl ',' '1~$,dY)
. \(1 P $ In . (Ii)
TOTAL $ Y'i?ll .00
Filed... ..,3..:-.~~. .~, ().~. ...............
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This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
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P 11330537
No.
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Local Registrar
MAR 1 7 2005
Date
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
TYPEIl'RfNT
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PERMANENT
IlLI.CKINK
ro"'ME OF OECEDENT (Fnl. Middle, Le.t)
1. Charles Edward Rabenstine
AGE (Last B!rthda)')
SEX SOCI...LSECURfTYNUMBER
2.Male 3.193
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F"'THER'SNAME(FIm,~lddl..Lest)
18. Charles Edward Rabenstine
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LAST WILL AND TESTAMENT
OF
CHARLES E. RABEN STINE
I, CHARLES E. RABENSTINE, of Carlisle, Pennsylvania, having and possessing a sound
,
and disposing mind, memory and understanding, do hereby make, declare and publish this as and
"
for my last Will and Testament, hereby revoking and making void all former Wills and writings in
the nature thereof by me at any time heretofore made.
FIRST: I order and direct all my just debts and funeral expenses, together with all de~th taxes,
State and Federal, shall be paid from my residuary estate, as soon as practicable after my decease,
as a part of the expense of the administration of my said estate. ~ ,
SECOND: I devise and bequeath all the rest, residue and remainder of my estate, whether
real, personal or mixed, of whatsoever kind and wheresoever situate, as follows:
a) Seven (7%) percent thereof to my grandson, Brian K. Houser.
b) Seven (7%) percent thereof to my granddaughter, Michelle R. Malm.
c) Five (5%) percent thereof to my great-grandson, James Q. Maim, subject to the trust
provisions hereinafter set forth in Paragraph Third.
d) Five (5%) percent thereof to my great-grandson, Charles K. Malm, subject to the trust
provisions hereinafter set forth in Paragraph Third.
e) Five (5%) percent thereof to my great-granddaughter, Megan H. Maim, subject to the
trust provisions hereinafter set forth in Paragraph Third,
t) The remaining balance of my estate to my daughter, Donna 1. Houser. In the event my
daughter, Donna 1. Houser, predeceases me, I devise and bequeath her share to her issue, per
stirpes, who survive me.
Witness:
~JJL ~*AL-__(SEAL)
Charles . Rabenstine
THIRD: In the event any of my great-grandchildren, Megan H. Maim, James Q. Maim, or
Charles K. Malm, have not reached their twenty-first (21 "') birthday at the time of my death, I
direct that the distributive share of each such great-grandchild shall be distributed unto Donna J.
Houser, and in the event she fails to qualifY or ceases to act, then unto M. Kenneth Houser, and in
the event he fails to qualifY or ceases to act, then unto Michelle R. Maim, IN TRUST,
nevertheless for the following uses and purposes, and subject to the following terms and
conditions:
1. The Trustee shall pay to or expend and apply for the benefit of my beneficiary, so much of
the income and principal as Trustee, in their sole discretion, deems necessary for the proper
support, maintenance, welfare and education of my beneficiary, and any such distribution shall be
made only from the part of the trust property designated as being for the beneficiary benefited.
Any income not distributed shall be added to principal.
2. The Trustee shall pay over to each such beneficiary the then remaining balance of his or her
part when he or she attains the age of twenty-one (21) years.
3. No part of the income or principal of the property held under this trust shall be subject to
attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy
of any beneficiary prior to his or her actual receipt thereof The Trustee shall pay over the net
income and the principal to the parties herein designated, as their interests may appear, without
regard to any attempted anticipation, pledging or assignment by any beneficiary under a Trust,
and without regard to any claim thereto or attempted levy, attachment, seizure or other process
against said beneficiary.
4. I direct that the Trustee shall invest and reinvest the corpus of this trust in such investments
as shall constitute legal investments for Trustees under the laws of the Commonwealth of
Pennsylvania.
5. To sell, either at a public or private sale and upon such terms and conditions as the Trustee
may deem advantageous to the Trust, any or all real or personal estate or interest therein owned
~-~~~/ -~~_.(SEAL)
Charles E. Rabenstine
"
by the Trust severally or in conjunction with other persons, and to consummate said sale or sale
by sufficient deed 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 the Trustee in this paragraph or elsewhere in this instrument.
6. To lease the real estate which may extend beyond the terms of the Trust hereunder.
7. To pay all costs, taxes, expenses and charges in connection with the administration of the
Trust, including a reasonable compensation to agents.
8. To do all other acts in their judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the Trust.
FOURTH: I nominate, constitute and appoint Donna J. Houser as Executrix of this my
last Will and Testament, and in the event she fails to qualifY or ceases to act, then I nominate,
constitute and appoint M. Kenneth Houser as Executor of this my last Will and Testament, and in
the event he fails to qualifY or ceases to act, then I nominate, constitute and appoint Michelle R.
Maim as Executrix of this my last Will and Testament; and I direct that they shall not have to file
bond in order to qualifY as Executors in this my said estate.
IN WITNESS WHEREOF, I, Charles E. Rabenstine, the Testator, have to this my last
Will and Testament, subscribed my name and affixed my seal this 16th day of March, 2000. This
Will being written upon three typewritten sheets of paper and attached under one cover, the
preceding of which pages are identified by my signature.
~ d' cff g~ AL_~SEAL)
Charles E. Rabenstine
Signed, sealed, published and declared by the above named Charles E. Rabenstine, the
Testator, as and for his last Will and Testament, in the presence of us, who, at his request and in
his presence d in the presence of each other, have hereunto subscribed our names as witnesses
thereto ,If};; 17,/7 '7' /. ./ ~ .
~'tnt"/I/ Q . Witnes~
.~ ___&.t~~?~'J7.&r-
A dress Addr s
COMMONWEALTH OF PENNSYLVANIA:
: SS:
COUNTY OF ADAMS
We, Charles E. Rabenstine,
)of1'r e ileA;;
,!JC;:Vft/ ..1/ ~nze.s- , and
, the Testator, and the witnesses respectively, whose names are
signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that the testator signed and executed the instrument as his last Will and that
he had signed willingly and that he executed it as his free and voluntary act for the purposes
therein expressed, and that each of the witnesses in the presence and hearing of the Testator,
signed the Will as witness and that to the best of their knowledge the Testator was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
~ ..d.. ~ ~g A~_~ (SEAL)
~les E. Rabe:tine,
~
,J)1lI11<,1 7),f d '
Witness
Subscribed, sworn to and acknowledged before me by Charles E. Rabenstine, the Testator,
and jSCribed and swo~ to before me by, .2)avrC! K Ja "'Vs and
(J T~t' /leT/;'7 , witnesses this /6 "t"-day of /ndAC!A ,2000.
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Not Public
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N()(n;i,,(! ,:;0&1
Mary R. H~;;l\.':r ;\j(:t::crv Pt~brc
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