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HomeMy WebLinkAbout06-09-14 Reset PETITION FOR GR.ANT OF LETTERS REGISTER OF WILLS OF Cumberland COiJNTY,PENNSYLVANIA Petitioner(s) named below, who �s/are 18 years of age or 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 J �/ /_ Name: Phvliss C. Mengle File No: ��� J�`)(f1{� a/k/a; (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: OS/30/2014 Age at death: 83 Decedent was domiciled at death in Cumberland County, pennsylvania (Srare)with�fher last principal residence at 92 Skvline Drive MechanicsburQ PA 17050 Silver Sprine Townshin Cumberland Street address,Post OfCce and Zip Code City,Township or Borough County Decedent died at 84 Skvline Drive Mechanicsbur� 17050 Silver Snrin�Townshin Cumberland Pennsvlvania Street address,Post OfCce and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: lfdomici[ed in Pennsy[vania........ ................. ... All personal property $ 2�,���.�� /f not domiciled in Pennsylvania. ......... ...... ........ Personal property in Pennsylvania $ /f not domiciled in Pennsylvania. .. .... ............. .... Personal property in County $ Va[ue of real estate in Pennsylvania.............. ............... ...................... ...... $ 1 00�,nn0_nn TOTAL ESTIMATED VALUE. ... $ ' 120�00 0.00 Real estate in Pennsylvania situated at: 92 Skyline Drive, Mechanicsburg, PA 17050, Si1veY Spring Twp. , (Attach additional sheers,if necessary.) Street address,Post Office and Zip Code City,Township or Borough Cumb e rla,rid County � A. Petition for Probate and Grant of Letters TestamentarV Petitioner(s)aver(s)I��/they�[S�ire the Executor(s)named in the last Wi►1 of the Decedent,dated December 30,2013 and Codicil(s) thereto dated None State relevant circumstances(e.g.renunciation,death 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 child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS Q EXCEPTIONS � B. Petition for Grant of Letters of Administration (Ifapplicable) 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. � � Q NO EXCEPTIONS Q EXCEPTIONS � s � m � c� Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follo��use(if ar�nd}��e�,s�Ctach additional sheets,if necessary): s�t -- !'v� � `��} s-'� . '� ,^�a. i.__. ._.'� ... ` _ '.`_.' � °+ °",,,7 Name Relationshi Address �, . . ' ;:'.`� �-, � � `.,� �� -�-� _:� c�: `� e� , � C.� i" rs1 .:-� � � �'1 Form RW-02 rev. ioiuizou Page 1 of 2 Oath of Personal Representative Official Usc Only COMMONWEALTH OF PENNSYLVANIA } } SS: �� rv COUNTY OF Cumberland } �' ° ..._.. � +..�'! Petitioner(s)Printed Name P,etitioner(s)Printed Addre`� -t; � `'_ C"� �a Mark R.Men le 76 Sk line Drive Mechanicsbur PA 17050 7 ' r��- ' t",� ,- i.�� : _,, r�;, David C.Men le 84 Sk line Drive,Mechanicsbur ,PA 17050 ° � �� � '��> =;� � ' � .. c J ._-- C'� __.r � �'�-.. t'Y'1 3 �+ F--�+ G�i C:� 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 l��vledge an$�belief of Petitioner(s)and that,as Personal Representative(s)of th cedent,the etitioner s)will well and truly administer the estate according to law. Sworn affirmed and s ibed before dc,w� C Date 6�`� `/� me thi �hday of Jun ' , 2014 Date (�-Q� I � $y; / Date r t{e Register Date BOND Required: Q YES Q NO To the Register of WiUs: FEES' Please enter my appearance by my signature below: � �0 Letters. . . . . . . . . . . . . . . . . . . . . . $ 4r Attorney Signature: ( � )Short Certificate(s). . . . . . ( ) Renunciation(s).. . . . . . . . �� ( )Codicit(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Keith O. Brenneman,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court th r. . . . . . . . . ID Number: 47077 ► . . . . . . . � • . . . . . . . . . Firm Name: Snelbaker&Brenneman,P.C. `. . . . . . . . , ` Address: 44 West Main Street __ . . . . . . . . Mechanic�hurg, PA 17055 . . . . . . . Phone: 717-697-8528 Automation Fee. . . . . . . . . . . . . . . • Fax: 717-697-7681 JCS Fee. . . . . . . . . . . . . . . . . . . . . � � Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ .9-6�—' �� .5v DECREE OF THE REGISTER Estate of Phvliss C.MenQle File No: ��'��')!J(O a/k/a: AND NOW, �Q� 2014 , in consideration of the foregoing Petition, satisfactory proof ha ng been presented before me,IT IS DECREED that Letters Testamentarv are hereby granted to Mark R. Mengle and David C.Mengle in the above estate and(if applicable)that the instrument(s)dated December 30 2013 described in the Petition be admitted to probate and filed of re d as th 1 Will(an odicil(s))of Decedent. e ' r of Wills � Form RW-02 rev. 10/l1/201/ � 2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00566 PA No. 21- 14- 0566 Es ta te Of: PHYLISS C MENGLE lFirst,Middle,Lastl La t e Of: SlL VER SPR/NG TO WNSHIP CUMBERLAND COUNTY Deceased Social Securi ty No: WHEREAS, on the 9th day of June 2014 an instrument dated December 30th 2013 was admitted to probate as the last will of PHYLISS C MENGLE /First,Middle,LasU late of S/LVER SPR/NG TOWNSH/P, CUMBERLAND County, who died on the 30th day of May 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, here�by certify that I have this day granted Letters TESTAMENTARY to: MARK R MENGLE and DAV/D C MENGLE who have duly qualified as EXECUTOR(R/X) and have agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY CDURT HOUSE, CARL/SLE, PENNSYLVAN/A. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal o� � o�fi ce on the 9th da y of June 2014. cci -� n, c., -� „� . ,, p� ,._,- � ., �� L"�� "° _,:: 1� �. • � ; � �, � egister of Wi � .., ( k fi� ��', , '� v (.�� s',' :_ �.} , !'1.. . d � y� s f �'.4 ./ Depu U C'.:,' j Cj'� 4� �F �.�.s-�' � �� � �� t.. , a ,� c:;.; o c� .��._ �, � c� **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) , , �, � � ' � � ' � � -� � Ca i�3 C7 � :'.`J '� � :.''y C� LAST WILL AND TESTAMENT �`�' � � � � �:�� , ;- ,.:.; - ;., . _ � . ��na . _ _. .� _ ,.. . . __� I, PHYLISS C. MENGLE, of the Township of Silver Spring, Co�anty`��C�berlan�if and :._' c� cn c-- � Commonwealth of Pennsylvania, being of sound and disposing mind, �mory an�.,, �„ �, . � �, understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. � ,��J FIRST. I order and direct that all my just debts, funeral expenses and taxes related to my r. �` death be paid by my Executors or Executor, as the case may be, hereinafter named, as soon as _ t� �� �` conveniently may be done after my decease. �� � �`" SECOND. I hereby authorize, empower and direct my daughter, namely, CLAUDIA M. �� CLYMER, in her sole discretion, to distribute my jewelry, clothing and household goods in an � ( equitable manner among my children and grandchildren. Any of said items not so distributed ti --� shall be disposed of by my Executors or Executor, as the case may be, hereinafter named. � t THIRD. � � A. Definition of"Home Site". My personal residence is located in Silver Spring ��. v Township, Cumberland County, Pennsylvania, and is known and numbered as 92 Skyline Drive, and also known as of the date hereof as Cumberland County Real Estate tax assessment tax parcel number 38-07-0459-003, which consists of a tract of land containing approximately thirteen (13) acres improved with my dwelling house and other improvements and is referred to hereinbelow as my "Home Site". B. Instructions and Conditions. Promptly after my death, I order and direct my Executors or Executor, as the case may be, to engage a professional appraiser who is a full member of the Appraisal Institute (known as an "MAP' appraiser)to determine the fair market value of said Home Site. I order and direct that the Home Site shall be offered for sale to my son, namely, MARK R. MENGLE, for the price equal to the appraised value established as aforesaid. LAW OFFICES SNELBAKER 8C My said son shall have sixty (60) calendar days following receipt of a true copy of the BRENNEMAN, P.C. foregoing report of appraisal to signify his interest in purchasing said premises and to enter into a binding contract to so acquire the premises no later than the final settlement of my Estate. If the said MARK R. MENGLE should elect not to purchase said Home Site or fail for any reason to exercise such election, then and in that event, I order and direct that my grandson, namely, TIMOTHY CLYMER, shall have the same right as MARK R. MENGLE to acquire said real estate on the same terms and conditions. If both the said MARK R. MENGLE and TIMOTHY CLYMER should elect not to purchase said Home Site, I order and direct my Executors or Executor, as the case may be, to offer to CLAUDIA M. CLYMER, JOHN RICKARDS and DAVID C. MENGLE, .�� severally, the same proposal to purchase the Home Site on the same terms and conditions u ' as previously proposed. In the event that two or more of the offerees express a desire to �. ��� purchase the Home Site on said terms, the Executors or Executor shall conduct a lottery � � as between or among said interested persons to select the purchaser (e.g. slips of paper � ` � containing the names of the interested persons deposited in a container and having a ��� disinterested person draw one slip from the container), which selection shall be final. �, �� If all of the above named persons should elect not to purchase said real estate or � fail for any reason to exercise such election, the affidavit of my Executors or Executor, as � � the case may be, explaining such matters and filed in the public office where this Will is � �`� probated shall be sufficient to extinguish the foregoing conditions and rights upon which � a purchaser for value may rely. FOURTH. I give and devise my unimproved triangularly shaped lot located on the west side of Skyline Drive, T-581, in Silver Spring Township, Cumberland County, Pennsylvania, also known as of the date hereof as Cumberland County Real Estate Tax Assessment tax parcel number 38-18-1336-003, unto my daughter, namely, CLAUDIA M. CLYMER, in fee simple. FIFTH. I give and devise my unimproved "lower land" located in Silver Spring Township, Cumberland County, Pennsylvania, also known as of the date hereof as Cumberland County Real Estate Tax Assessment tax parcel number 38-07-0459-023, unto my son, namely, LAW OFFICES SNELBAKER 8C BRENNEMAN, P.c. DAVID C. MENGLE, in fee simple. SIXTH. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situated, shall be distributed and disposed of in the following -2- manner: A. I give and bequeath a sum of money equal to two per centum (2%) of my residuary estate unto FIRST UNITED METHODIST CHURCH of Mechanicsburg, Pennsylvania, absolutely. B. I give, devise and bequeath fifteen per centum (15%) of my residuary estate unto my daughter, namely, CLAUDIA M. CLYMER, absolutely and in fee simple. C. I give, devise and bequeath seven and one-half per centum (7'/2 %) of my residuary estate unto each of GARTH A. RICKARDS and OLIVIA C. RICKARDS, the children of my late daughter, namely, JUDY M. RICKARDS, subject, however, to the following protective trust provisions for each beneficiary who is under the age of twenty-five (25) ' `�� years. I order and direct that the bequests be paid or delivered to JOHN RICKARDS, as c �� � Trustee, to be held in separate trusts until each beneficiary attains the age of twenty-five �. (25) years, at which time the respective trust shall be terminated and the full balance of the trust shall be paid and delivered unto each beneficiary absolutely. The investment �a r powers, limitations and the management directions contained in Item Seventh � �� hereinbelow are incorporated herein by reference thereto. �"' �.,% D. I give, devise and bequeath fifteen per centum (15%) of my residuary estate unto my son, namely, MARK R. MENGLE, absolutely and in fee simple. E. I give, devise and bequeath fifteen per centum (15%) of my residuary estate unto my son, namely, DAVID C. MENGLE, absolutely and in fee simple. F. I order and direct that a sum of money equal to thirty-eight per centum (38%) of my residuary estate shall be divided into fifteen (15) equal parts and distributed one (1) part each to my following named grandchildren and step-grandchildren, absolutely: TIMOTHY CLYMER,NATHANIEL CLYMER, ELLEN CLYMER, GARTH A. RICKARDS, OLIVIA C. RICKARDS, JAMISON MENGLE, KRISTOFER MENGLE, �nw o�icES ETHAN MENGLE, JENNA MENGLE, BENJAMIN WHITESEL MENGLE, CERA SNELBAKER EC BRENNEMAN, P.c. � MENGLE KNABY, FORREST LELAND MENGLE, MATTHEW ERIC WILKINS, ANDREW JORDAN WILKINS and JARED MICHAEL WILKINS, subject, -3- nevertheless, to the provisions of the protective trust as contained in item Fifth hereinbelow with respect to any beneficiary who has not attained the age of twenty-five (25) years at the time of distribution. If any of the above named persons in this Item Fourth should predecease me and leave issue to survive me, I order and direct that any distributive share or part hereinabove attributable to such predeceased person shall be distributed unto such person's issue per stirpes by representation and not per capita, subject, however, to the protective trust provisions of Item Seventh hereinbelow with respect to any beneficiary who has not attained the age of twenty-five (25) years at time of distribution. If any such predeceased person named in subparagraph F hereinabove should die without leaving issue, I order and direct that the bequest and distribution shall lapse and the subject ;� matter thereof shall be added to the distribution equally among the other beneficiaries named in �� �.�; �� said subparagraph F. `�. �`" SEVENTH. If an beneficiar hereinabove exce t those named in ara ra h C. of Item C°- Y Y � P P g P N � '� Fourth above) has not attained the age of twenty-five (25) years at the time of distribution, I `�� order and direct that the distributive share of such person shall be paid over and delivered unto � my testamentary Trustees, named in Item Eighth hereinbelow, IN TRUST, NEVERTHELESS, ,,� r` to hold, manage, invest, accumulate income and reinvest said income and share until the � � � beneficiary attains the age of twenty-five (25) years, at which time said trust shall be terminated � �, � and the assets therein shall be transferred to the beneficiary absolutely. � I authorize and empower said Trustees to invest the assets of said trust in any reasonable manner and not be limited to the so-called "legal" or statutory investments for fiduciaries. I designate any trust created hereunder to be a spendthrift trust. The beneficiary shall have no right to invade, pledge, assign or otherwise dispose of the assets of said trust(including income) nor shall any creditor of a beneficiary have any right to seize, levy or execute upon said �.W o���ES assets by reason of any pledge, assignment or other transfer, voluntarily or involuntarily, made SNELBAKER 8C BRENNEMAN, P.c. by said beneficiary. I further authorize and empower my said Trustees to use, consume, expend, and apply from time to time such amounts of income and principal of and from said trust which in the -4- exercise of their sole discretion shall be determined to be reasonable and necessary for the beneficiary's education. The term "education" shall be construed and interpreted to mean college or other post-high school training which is intended to improve the beneficiary's productivity as an adult or enhance the quality of his or her life. In considering what is reasonable and necessary, my said Trustees shall take into consideration the primary responsibility of the beneficiary's surviving parent to provide such education. It is my will and intention that the foregoing discretionary provision for education shall be supplementary to the parent's primary responsibility. EIGHTH. I nominate, constitute and appoint my sons, namely, MARK R MENGLE and DAVID C. MENGLE, and my son-in-law, namely, JOHN RICKARDS, to be the Trustees of any trusts created pursuant to item Seventh hereinabove. If any such person should fail to qualify as such Trustee or cease so to serve, I order and direct that the ones so qualifying or remaining shall be the Trustees or Trustee, as the case may be, without substitution. LASTLY. I nominate, constitute and appoint my sons, namely, MARK R. MENGLE, and DAVID C. MENGLE, to be the Executors of this, my Last Will and Testament, to serve without bond or other security as a condition of qualification as such executor. If either of my sons should fail to qualify as my Executor or cease so to serve, I order and direct that the one so qualifying or remaining shall be the sole Executor hereof. IN WITNESS WHEREOF, I, PHYLISS C. MENGLE have hereunto set my hand and seal to this my Last Will and Testament, which consists of five (5)typewritten pages to which I have affixed my signature this 30th day of December, 2013. `�� _� � (SEAL) v •-�` � i` E�' ?���� Phyliss C. Mengle The preceding instrument, consisting of this and four(4) other typewritten pages, identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by PHYLISS C. MENGLE, the Testatrix therein named, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. � �..t'�� .�.C,ea 4'.��— -5- , � . COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) We, PHYLISS C. MENGLE, RICHARD C. SNELBAKER and KEITH O. BRENNEMAN, the Testatrix 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 Testatrix signed and executed the instrument as her Last Will and Testament and that she had signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as a witness and that to the best of his or her knowledge, the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. �� , ; , /� �'�--' �-���2��f,�i! l� �'� �ti'.-�i�r_,�.L___. �estatrix f _I� Witness ,������.�.�.....�..- Witness Subscribed, sworn to and acknowledged before me by PHYLISS C. MENGLE, the Testatrix, and subscribed and sworn to before me by RICHARD C. SNELBAKER and KEITH O. BRENNEMAN the witnesses, this 30`�'day of December, 2013. �1 iL�--, ` Notary Public LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L.Matrazi,Notary Public Mechaniaburg Bero,Cumberland County My Commission Fxpires Nov.24,2015 MEMBER,PENNSJLVANSf1 fiSSOCL4�TlON OF NOTARIES