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HomeMy WebLinkAbout03-30-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of ROBERT A. WHITEHEAD No. {)., 1- 05 - d'?(.~ al$o knD'Wn os To: Register of Wills for the o Deceased. County of CUMBERLAND in the Social Security No. 278-16-3609 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut RIX named in the last will of the above decedent, dated MAY 12. 2004 and codicil(s) dated JANUARY 4. 2005 (state relevant circumstances. e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with h IS last family or principal residence at 1514 BRANDT AVENUE. BOROUGH OF NEW CUMBERLAND. CUMBERLAND COUNTY (list street, number and municipality) Decedent, then 84 years of age, died 3/19/2005 at 1514 BRANDT AVENUE. BOROUGH OF NEW CUMBERLAND. CUMBERLAND COUNTY Except as follows, decedent did nol many, 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: NONE Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) PCfBOnal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ $ $ $ 100.000.00 0.00 0.00 0.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters TESTAMENTARY thereon. (testamentary; administration e.t.a.; administration d.h.D.c.la.) 1514 BRANDT AVENUE NEW CUMBERLAND PA 17070 i c -8 ~-; 'OJ i.g -;;-'fi I~ a ;;; OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND SS The petitioner(s) above-named swear(s) or affmn(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 represen- tative(s) of the above decedent petitioner(s) will well and ly administer the e,sFte '}Ccording to law. Sworn to or affirmefll'Pd subscribed {- ~ .~, ~ before me this .~~ day oL & l-m~5I5. ~ I ~A<t~~~ No. ;)/- OS--d ~3 Estate of ROBERT A. WHITEHEAD , Deceased DECREE OF PROBATE AND GRANT OF LETTERS ANDNOW fY\QAc h .;2q ..Q{lr\C::; ,inconsiderationofthepetitionon the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instnunent(s) dsted MAY 12. 2004 AND JANUARY 4. 2005 described therein be sdmitted to probate and filed of record as the last will of ROBERT A. WHITEHEAD and Letters TES'rAMENTARY are hereby granted to BARBARA E. WHITEHEAD, EXECUTRIX ~G \ 15.ci0 ~;;..~~. $dl~;~ Short Certificates ( ).. . . . . $ ,;>0 . 0 U &.~~.~00iu~.~. . . . . $ \5.0., ,\(I P $ to .00 I TOTAL_$ ?,;:)5.d\) Filed. . . . . .~ . ?-?\). .0. c;-, . . . . . . . . A TfORNEY (Sup. Ct. I.D. No.) 414 BRIDGE STREET NEW CUMBERLAND PA 17070 ADDRESS 717-774-7432 PHONE \111\';:<'0) RFV 1M'; Tlis is 10 certifv thai the information here given is correctly copied from an original certificate of death duly filed with me as I."cal Registrar~ The original certificate will be forwarded to the State Vilal Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. P 11335981 No. 111'tl~~l"'Urpl;:'..__ "'~""~ '0" ...l~ . .. ."~'\. l~~. ~\ ~=- ..-' .,....~ ~c:. ... .. .' l:Z~ !u{f'~. )~~ ... ' , ~ ~ * '[. .,.,' .~! * ~ \. * ~..' /~l .\..~~~,l ,..!l1\ffNI ~~~'i,,' ''-';'''''',###IIJIIIIIIJ ~!Jl~# Fee for this certificate, $6,00 Local Registrar MAR 2 2 ZQ05 Dale ,-. c"',) CD 'jl5.tORe'l.ve1 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH NAME OF DECEDENT (Finl~ Middlo, Lull 1. 0 e t AGE (ust BirlIlclay) SEX SOCIAL SECURITY NUMBER "",,0 ~-1Zf ::,,,,0 RACE - Americliln Indian, Bleck, Whlla, 01 . (Specifyj MOl'llhs 2. Ma e 3.278 BIRTHPLACE (CiIY ond P F AT Slal",Ol Forellln Counl/y) ... PAl.: andergrift, PA l"P"IHlnJD ERIO~"rolD T ... FACILITY NAME (If not instilution. gi'llt streel and nllmber) 6 2005 ,. 84 COUNTY Of OEA T\-o\ Yo. MARITAL STATUS - Monied. We'llll M.med. W~, Dlvorced(SpIldfy) 11.. Exec. Administrator 11tJackson DECEDENT'S MAILING I\DDRESS iStre",t, ClIyITO'Nfl, SIale. lip Code) anufactu DECEDENT'S ACTUAL RESIDENCE (See~ onolhef'ldll) 1514 Brandt Avenue AS OECEOENT EVER IN DECEDENT'S EDUCATION U.S.~ORCES? (SlI.cI onlyhighNlI'alM_Io~) Yes 1::::1 No 0 EI.rTlln~~~~)conda'Y (1-4'";,~~1 .e. White SURVIVING SPOuse: (ttWlr..Qi..mllldon_1 'b. Cumberland Ie. New Cumberland OECEDENT'S USUAL OCCUPATION KIND OF BUSINESS /INDUSTRY (of~ing~~~~~ ". ". 110;.0 Yes, deClKlenlflved in ". l1'.Slatll PA Did dllcedenl livelna Cumberland township? l1d,(3" ~~~~II=of MOTHER'S NAME (Fir&!., Middl<l., Maldllr. Surname) .e. INFORMANrS MAILING ADDRESS (Streel, CilyfTOWfI, SllIle. Zip Cod.l 20b. 1514 Brandt venu w PlACE OF DISpOSITION- Neme of Cemelllry, CrBmlllory or Other Place Cremation Society of 21.:. .., 1514 Brandt Avenue 11. New Cumberland PA 17070 FATHER'S NoAME (Fln.t, Milldlll-, Lu\) 11. James Whitehead INFORMANT' NAME (Type/Print) 20.. Barbara Whitehead METHOD OF DISPO$ITIO>> .0001lliooO BurlalD~n31l'1'hOv81lromStateO . 21L Olh8f(SpecIfy) 2tb. . SIGNATURE FFUNERAl..S RVI EL ORP ON ACTING AS SUCH 17b. Counl'l New r.l1mh*,,~l.1'1nA ""- pl8Ie 23a-<:oni'I...men phyalclllnls J'l(llav.mable 1iI1 lime ofdealh 10 C8rtify~liIlof<lultl. llemt.2..6m\AtbllCl;mJlklllllllJy pIlI5OIlwhOPfOllOlJncesd8,lh. 24. 21. PART I: E_...d.........,lnluri<l...'~'OOhl""c_O<Ilh.d..lII. Uot..nty_~lI......."hJln.. LOCATION. CityffOWll. S'-la, Zip Code 11d. NAME AND AD ESS OF fACILITY Auer Memorial Rome and 22c. 2&. :AflproJdmate 'lntorvalbelWMl1 :0IlseIand rlea\l1 00 nol .~1...1II. mod. 0' dying. ouch .. 0.....'" .., "'pI lory .,...~ .h....k or h..n'olI~,.. f. "" $equenlially~.l OOl1dilkln. l b,.. lfVlt,lealllngtolmmedlate r:eUN. Enter UNDERL Y1HG CAUSE (DiNpo or Injl)l)' lIIallniliatodevenbt rMultWllI Ol'l death) LAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AIo'A.llABLE PRIOR TO COMPlETION OF CAUSE OF DEATH? A"ld,"' MANNER OF DEATH @'" o o DI\ TE OF lHJURY (ldonlh,O.y......,) TIME OF INJURY INJURY AT WORK? DESCRlBE HOW INJURY OCCURRED. Nalural - P~IfW1)Sllglllion Couk1nGtblldlllalmioed o o o 30a. 3Gb. M. PLACE Of INJURY - Al homll, farm, slrlltlt, laGlory. oIfiCQ b~.~,\S_lt1i 30.. 'lIED.cAL EXAMINER/CORONER On ths buls Qf UIIIll\natlQn 8rllif0l" mv..\lgIUOl'l, In my opInIon, d..th oco;urred at thsUm., date, and plao;., and du. to lh. o;lII.l...(.jlnd manner...tll8d....................................................................,.......................................................................................0 ". IlEGIS ~'~"~ ~/""'v11 YllsD NoD 30c. YIlfD No YOSD N.l3" So_ 211. 21b. CERTIFIER (Chedr only OlIO) l~~~,GJ::.~~~~idcaJ~:,':IhIl::.~:~(:r~3r;c~~~a~I>:~~?,~~.~~.~.~~~.~.~~.~~~.~~~.~.I~~.~.~~.J.... 2&. .PRONOUNCING AND CERTIFYING PHYSlCIAN(PIWsician bo\tI PlOlloonr:lng dllaJh and ceriifylng to cause 01 death) Tou.. booa' of my knowledge, dsslh oo;curnd st Ihs tlms, dlts, snd plsn, and du' 10 ths r:eu...(s) snd manner.. slated, "" " LAST WILL AND TESTAMENT OF , ','J ROBERT A. WHITEHEAD r.,) (j",1 I, ROBERT A. WHITEHEAD, now of Mechanicsburg, Cumberland County, Pennsylvania, do hereby declare this to be my Last Will and Testament and hereby revoke all prior Wills and Codicils made by me. ITEM I. I direct that the expenses of my last illness and funeral be paid from my estate as soon as practical after my death. ITEM II. All inheritance, estate and succession taxes (including interest and penalties hereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointmcnt. ITEM III. I give my personal effects, personal property, household goods and automobiles in accordance with any memorandum which I have either handwritten or signed, located with my Will or with my documents and found within thirty (30) days of the probate of my Will, to those listed thereon who survive me or to such organizations which exist at my death. ITEM IV. I give to my son, ROBERT WHITEHEAD, JR., the sum ofTen Thousand ($10,000.00) Dollars. ITEM V. 1 give to my grandson, JASON WHITEHEAD, the sum ofTen Thousand ($10,000.00) Dollars. ITEM VI. I give to my grandson, JAMES GREGORY WHITEHEAD, the sum of Ten Thousand ($10,000.00) Dollars. ITEM VII. All of the rest, residue and remainder of my estate of every nature and wherever situate I give and devise in the following percentage shares: A. To my grandson, NATHAN J. GELFANT, 8.25%. B. To my granddaughter, HANNAH R. GELFANT, 8.25%. C. To my grandson, MATTHEW R. MAHONEY, 8.25%. D. To my grandson, RYAN M. MAHONEY, 8.25%. E. To my daughter, PATRICE A. GELFANT, 22.33%. F. To my daughter, BARBARA E. WHITEHEAD, 44.67%. If any of the above-named beneficiaries predecease me or die on or before the thirtieth (30th) day following my death, I give and devise such beneficiaries share to his or her issue who survive me, per stirpes, or, if such beneficiary has no issue, such share(s) shall be added pro rata to the other shares. It is my intention to divide all of my assets, including assets which pass by Will as part of my estate or outside of my estate, such as IRA's, annuities and life insurance proceeds, so that each beneficiary will receive the percentage set forth above from all of my assets, both probate and non-probate. During my lifetime, Ten Thousand ($10,000.00) Dollars has been given to my daughter, Patrice A. Gelfant, as an advance on her share which I direct be deducted tiRw"~ '-JJ 2 from her 22.33% share of my probate estate herein given to her. Similarly, in connection with certain planning done during the lifetime of my late wife, Irene M. Whitehead, transfers were made to my daughter, Barbara E. Whitehead, including but not limited to, from my wife's trust with Pennsylvania Trust Company, her AIM (lnvesco), Equitable Annuity and her being named as beneficiary on certain life insurance policies. I estimate these transfers, at the time such transfers were made, to be at least $75,000.00. All such transfers, whether enumerated herein or not, shall be determined by my personal representative and shall be charged against my daughter, Barbara E. Whitehead's share of my probate estate herein given to her. The amount charged against the share of my daughter, Patrice A. Gelfant, and my daughter, Barbara E. Whitehead, will be paid pro rata to the other beneficiaries herein named so that in the case of charges made against Barbara's share, 40.40% shall be paid to my daughter, Patrice A. Gelfant, and 14.9% shall be paid to each of my grandchildren above listed. In the case of the charge made against Patrice's share, 57.40% shall be paid to my daughter, Barbara E. Whitehead, and 10.65% shall be paid to each of my grandchildren above listed. ITEM VIII. If any income or principal shall be payable to any person who shall be under the age oftwenty-five (25) or who shall be incapacitated for any reason, my personal representative, as trustee, shall such income and principal for such beneficiary until the age of twenty-five (25) or during incapacity (whichever event occurs first) and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person after considering other resources available to such person for those needs without the appointment of any guardian or committee or any authority of court, and shall be entitled to !2ff) ~Qf Robert A. Whitehead 3 make direct application hereunder or to make application by payment thereof to the parent or other person in charge of such person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be paid and distributed to such person upon attaining the age of twenty-five (25) or upon the termination of incapacity. ITEM IX. I appoint my daughter, BARBARA E. WHITEHEAD, Executrix of this my Last Will and Testament. Should she fail to qualify or cease to act in such capacity, I then appoint my daughter, PATRICE A. GELFANT, Contingent Executrix of this my Last Will and Testament. No bond shall be required by my personal representative in any jurisdiction. ITEM X. In addition to the powers given by law to my personal representative(s) and trustee(s) [hereinafter fiduciaries] in the administration of my estate and of any trust(s) created herein, they shall have the following discretionary powers applicable to all real and personal property held by them, including property held for minors, effective without court order until actual distribution. A. To retain any property owned by me at my death and to invest any funds held by them in any stocks, bonds, notes or other securities or property, real or personal, including common trust funds, mutual funds and money market deposit accounts operated or offered by my corporate trustee, if any, or any affiliate of it. B. To sell or otherwise dispose of any property, real or personal, at any time forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the application of any monies paid. eMc!tf~kP 4 C. To manage, operate, repair, improve, mortgage or lease for any term [even if beyond the duration of the trust(s)] any real estate at any time held or owned by them as fiduciaries. D. To hold investments in the name of a nominee and exercise and dispose of warrants. E. To engage in litigation and compromise, arbitrate or abandon claims and property. F. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and to do all other acts which I, in my lifetime, could have done, or to delegate such powers to a partner, manager or employee without liability for any loss occurring therein. G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by law; to distribute in cash or kind or partly in each at valuations fixed by the fiduciaries H. To borrow money, including the right to borrow from any corporate trustee, if any, and to mortgage or pledge as security or to hold its own stock if a corporate trustee. 1. To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto. J. Should the principal of any trust herein provided for be or become too small in trustee's opinion so as to make establishment or continuance of the trust inadvisable, my i1~"ia~ Q 5 trustee(s) may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportion they are then entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise have an interest as succeeding income beneficiary(ies) or in remainder shall cease. K. In general, to exercise all powers in the management of the assets of my estate or the trust estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this will or any trust( s) created herein. L. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumptions. N. All principal and income shall, until actual distribution to any beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any I4tfukB Robert A. Whitehead 6 " '.' fiduciaries, Provided, however, any beneficiary may assign any part or all of the beneficiary's of interest in my estate or the trust(s) to anyone or more ofthe beneficiaries or my descenda~ IN WITNESS WHEREOF, I have hereunto set my hand and seal this a day m#jV , I ,2004. g~d/. cRZ- The preceding instrument, consisting of this and six other pages, identified by the signature of the testator, was on the day and date thereof signed, published and declared by Robert A. Whitehead, the testator therein named, as and for his last Will, in the presence of us, who, at his request, il1 . p~s~. "d ;0 <he p=""" pf ",h "'""', ~b~,;ocd pm p=,,"" w;,",,,,, hereto. IY: ~ COI1'f rtJl :;) ~ r) /1, 33~ r-€ h.~Jf-Jtr';b()lr ({ ~~ '~~/CL{~ 3{;~/ S7), ~~ >a~ 7 : " , ACKNOWLEDGMENT COMMONWEAL TH OF PENNSYLVANIA: : SS, COUNTY OF DAUPHIN I, ROBERT A. WHITEHEAD, testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last Will, that I signed it willingly, and that I signed it ~ my fre' "d yol~'", ,,' fo, ,", "'1'''"' ,""do ~d. . 2t ~ obert ~itehead .;,p ~w~ affirmedJ)P}~d acknowledged before me, by Robert A. Whitehead, testator, this ~ day of / rf A'-,>r , 2004. ~X).;/d Notary Pubhc My Commissio Expires:NOTARIAL SEAL HOLLY S. KIRK. Notary Public Susquehanna Twp., Dauphin County My Commission Expires Feb. 15, 2007 AFFIDAVIT COMMONWEALTH OF PENNSYL VANIA: : SS. COUNTY OF DAUPHIN We, iChqrtL L fie. a-I'] ...xJond.ra... L Dt/nCr.4.Ji the witnesses whose names are signed to the at ched or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the. best of our knowled~,e testator was at that time 18 or more years of age, of sound mind and ~der no co tr' ~uence. ~~<.~ Sworn to and subscribed before me this ) 2 i1'\ day of mOj ~ ary PublkOTARIAL SEAL ~ HOLLY S. KIRK, Notary Public Sus'luehanna Twp., Dauphin Counl'J. lillY'CIOOimission Expires Fe~~.:!~ 2004. My Commission FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF ROBERT A. WHITEHEAD I, ROBERT A. WHITEHEAD, now of Mechanicsburg, Cumberland QQunty, Pennsylvania, do hereby make, publish and declare this to be the First Codicil to my Last Will and Testament dated May 12,2004. , ...:,<.: ITEM 1. The following paragraph is added to Item VII of the Will as the last paragraph of that Item: "In the event that the share that would pass to my daughter, Barbara E. Whitehead, or my daughter, Patrice A. Gelfant, from my probate estate is less than lifetime advances I have made to them, they shall not have any obligation to pay to my estate any part of the advances that are not paid in full by their respective share of my estate. No claim shall be made against them by my personal representative with respect to advances that are not covered in full by the bequests made to them under this Item VII." ITEM II. In all other respects, I hereby confirm and republish my Last Will and Testament dated May 12,2004. IN WITNESS WHEREOF, I hereby s~ hand to~irst Codicil to my Last Will and Testament dated May 12,2004 on this 'i day of , -J A N eJ "HI I' 2005; at Harrisburg, Pennsylvania. ~(/~( obert A. Whitehead ' ! The preceding instrument, consisting of this typewritten page and an acknowledgment page, identified by the signature of the testator, was on the day and date thereof signed, published and declared by Robert A. Whitehead, the testator therein named, as and for his First Codicil to his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of e h otAbscribed our names as witnesses hereto. . ~ / / I (,)~ ;}c; D Ar 33ficl ~p ~r! (V St3/)/ ~t g./ -:C'J,vu<<2,/,,}BI .^ /L~~ '>.?~~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF I, ROBERT A. WHITEHEAD, testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my First Codicil to my Last Will and Testament, that I signed it willingly, and that I signed it as my free and voluntary act for he purposes therein expressed. Robert A. Whitehead Sworn or afrqd to and acknowledged before me, by Robert A. Whitehead, testator, this y-rn day of Ct (l,UQ!j ,200*: 1005. ~y() KwI Notary PublIc My Commissi " . TARIAL SEAL , N > I HOLLY S. KIRK, . 0\3', . ,,~)'" , Susquehanna Twp.,. Doupl1l1> '"oumy , My Commission Expires Feb. 15, 2007 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF we,~lcho(c{ L. flQ~ GnclJ)undrcc13hJr:LW}jthewitnesses whose names are signed to the attached or for gomg mstrument, bemg duly qualified accordmg to law, do depose and say that we were present and saw testator sign and execute the instrument as his First Codicil to his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mi a d u tI ~.1Zc.straint or undue mfluence. a'~ ~ -2004Ztf)S . Sworn to and subscribed before me this L~ day OfC:; 0 fl.uory NOTARIAL SEAL S. KIRK, Notary Public ueque anna Twp., Dauphin County My Commission Expires Feb. 15, 2007 My Commission ExpIre :