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HomeMy WebLinkAbout04-05-2005 PETITION FOR PROBATE and GRANT OF LETTERS (;LslIN 6,f-L.Q/ YtMtBI/)/f 1 Estate of (;te## ~. YlJA!fi'IJ>A ~ No. cd I - () S - 031 also known as 6a-NN bA-l.EN VIM/Bl>A To: Register of Wills for the . Deceased. County of C (J. m l!JETl.LA.lvD in the Social Security No. 0l1.3-~O-57S~ Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut,..,j( in the last will of the above decedent, dated ()U. 2 Z and codicil(s) dated .:T",ly I? ZeJDZ- named , 19Zi...- (state relevant circnmstances, e.g. renunciation, death of executor, etc.) Decendent, then at IIIY(- /J;qno 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: 51 years of age, died hi fU"cJ, '} , W..;?aJS , Decendent 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 situated as follows: /., ~de>.DO $ $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters fe.db/Junfu.!} (testamentary; administration c. La.; administration d.b.n.c. La.) theron. ~ '" ~ llJ U I: llJ "O~ .- '" "'~ llJ .... cl:llJ I: "00 r;::o;:: cO'-=: 3~ llJ,- 30 <;j I: bO Vi ( ~F~~c...- e", V~ PNYu. E. Y,~Jp/~A /.P'f /Jt(l &rl11/d Ifd'. lfJecluuJiMJ,fu:!, /J/I /7crs;' [' I (.;.~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 1- ss COUNTY OF CUmB~~~D J The petitioner(s) above-named swear(s) or affirm(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 truly administer th~ estate according to law. Sworn to subscribed { J( ~~ ~ \t ~ '-~ ... . ~ day oi.. PHYLlYS IF. h~EJ/:)A ~. ) ~ [ ~ (r:.,~ egister ~ Estate of No. d/~ OS--6JI7 C/e-nY1 &- Vol) e: ~-6-- , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~?>~ (:;+h l~ in consideration of the petition on I the reverse side hereof, satisfactory proof having bjen ~resented before mj / IT IS DECREED that the instrument(s) dated JQJJ..~ q f 4- 7 '9 / 0 ~ described therein be admitted to probate an filed ~f r cord as the last will bf I and Letters are hereby granted to FEES Probate, Letters, Etc. ......... S Short Certificates( ).......... S Renunciation ................ S S TOTAL _ $ hu L 9t::V, R,,",~ "woo r- ~ &~E~:ifL ATTORNEY (Sup. Ct. I.D. No.) Sg-S"/3 ~ (!/oRSer Rtf; ~dblia~t1~ /If /7rJjr ADDRESS 7/7-7~6-~ZtJt PHONE Filed that site. ~t.e-IVAI G- V'ClA/'EIZ>.I!- to the best of he-r knowledge and belief. Sworn to Ot affirmed and subscribed before ;";/~~!"'( ~~ me this I -in day of I orne) ilti t::- X&;J;r: /60'/ /VdNA"i:/< 1:~;":"cIw1;CS;"'J' ~ I /"S-~ ,~ ~_ (r:( A---- . egister 7A~ REGISTER OF WILLS OF COUNTY OATH OF SUBSCRIBING WITNESS codicil (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that present and saw the testat , sign the same and that signed as a witness at the request of testat_ in h presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this day of 19_ (Name) (Address) Register (Name) (Address) REGISTER OF WILLS OF C!1l//1~/hljtJ COUNT};' OATH OF NON-SUBSCRIBING WITNESS PHYl.l.IS ~. Y?JAlel b A (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that :she familiar with the signature of ~ , ~ codicil testat--D.C-- of ~ll~ of tb.~ ~1.lb~crigiag witfle~se~ to) the will presented herewith and aJodicil believes the signature on the will is in the handwriting of (Name) (Address) C,) REGISTER OF WILLS OF CLrm/'3E7eLAA/D COUNTY OATH OF SUBSCRIBING WITNESS el/~~LI!3 e: .3/y"/CZLJS 7fT ~ codicil (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that /IE present and saw bt.E/VA/ &. f/tP#G7.PA the testator , sign the same and that he signed as a witness at the request of testat~ in his. presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). t1Nffi P4led~ CJlIu"/es e. Sh,eld{~e) b C/okser /?cI., /J1e'dtV1lcs6U7/ /7,,( (Address) / .7~.s.s Sworn to or affirmed and subscribed before S+ me this YJ day of f.-~ J . Cf;t ~-=t Hl J.: r ...,,~- / 0.VW'-- C. .-9.t; LA- Re~ster \1 ~ (Name) (Address) REGISTER OF WILLS OF COUNTY' OATH OF NON-SUBSCRIBING WITNESS (.J...) testat_ of (one of the subscribing witnesses to) the that presented herewith and codicil believes the signature on the will is in the handwriting of to the best of knowledge and belief. Sworn to or affirmed and subscribed before me this day of 19_ i Name) (Address) !?e~ister ; Name} Address) CODICIL TO LAST WILL AND TESTAMENT OF GLENN G. VONEIDA I, GLENN G. VONEIDA currently of, Lower Allen Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this Codicil to my Last Will and Testament dated the 22nd day of October, 1998. I revoke the residuary distribution in Item FOURTH of my said Will, and substitute in its place the following: FOURTH: I give and devise the residue of my estate, real and personal, to my Trustee hereinafter named, IN TRUST, as follows: (a) The net income therefrom shall be paid to my spouse, PHYLLIS E. VONEIDA, for life. (b) Upon death of my spouse, or in the event my spouse predeceases me, my estate shall be distributed as follows: (i) All the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, shall be divided and distributed as follows: (A.) Fifty (50%) per cent thereof to my daughter, KAREN R. DREESE. In the event, however, that she has predeceased me or has died during the term of the aforesaid trust, then her share shall be divided equally between my two (2) granddaughters named below. (B.) Twenty (20%) per cent thereof to my granddaughter, TAMMIE E. DREESE, PM' stirpes. (C.) Twenty (20%) per cent thereof to my granddaughter, KELLY S. COOK, per stirpes. D.) Ten (10%) per cent thereof to my great grandson ALEXANDER CRAIG COOK, PM~. In the event that he is under the age of twenty two (22) years at the time of his lo') inheritance, this share shall be held in trust for his benefit. This share shall be invested in good and safe investments such as high-grade corporate or government bonds, preferred stocks with priorities CODICIL TO LAST WILL AND TESTAMENT OF GLENN G. VONEIDA I, GLENN G. VONEIDA currently of, Lower Allen Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this Codicil to my Last Will and Testament dated the 22nd day of October, 1998. I revoke the residuary distribution in Item FOURTH of my said Will, and substitute in its place the following: FOURTH: I give and devise the residue of my estate, real and personal, to my Trustee hereinafter named, IN TRUST, as follows: (a) The net income therefrom shall be paid to my spouse, PHYLLIS E. VONEIDA, for life. (b) Upon death of my spouse, or in the event my spouse predeceases me, my estate shall be distributed as follows: (i) All the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, shall be divided and distributed as follows: (A.) Fifty (50%) per cent thereof to my daughter, KAREN R. DREESE. In the event, however, that she has predeceased me or has died during the term of the aforesaid trust, then her share shall be divided equally between my two (2) granddaughters named below. (B.) Twenty (20%) per cent thereof to my granddaughter, TAMMIE E. DREESE, lll<I' ~. (C.) Twenty (20%) per cent thereofto my granddaughter, KELLY S. COOK, per stirpes. D.) Ten (10%) per cent thereof to my great grandson ALEXANDER CRAIG COOK; lll<I stirpes. In the event that he is under the age of twenty two (22) years at the time of his inheritance, this share shall be held in trust for his benefit. This share shall be invested in good and safe investments such as high-grade corporate or government bonds, preferred stocks with priorities (J) .. be given distribution of income as Trustee, in her sole and absolute discretion, deems best. However, in such case, he shall not be entitled to any part of the principal until he reaches the age of twenty two (22) years. Upon his attaining the age of twenty two (22) years, any then remaining balance of principal and any accumulated income thereon shall be distributed to him outright and free of trust. I hereby nominate, constitute and appoint my granddaughter, KELLY S. COOK as Trustee. In the even that she is unable or unwilling to serve in such capacity, I appoint my daughter, KAREN R. DREESE to act in her place and stead. IN WITNESS WHEREOF, I hereunto set my hand and seal this Iq~ day of Ii 11, A.D. 2002. ~' -J-fe,PM ,.!)~#Jli (SEAL) Signed, sealed, published and declared by the above-named GLENN G. VONEIDA, as and for a Codicil to his Last Will and Testament dated October 22, 1998, in the presence of us, who, at his request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~E~~ ~r!.~ LAST WILL AND TESTAMENT OF GLENN G. VONEIDA I, GLENN G. VONEIDA, of the Township of Lower Allen, Cumberland County, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills and codicils. FIRST: shall be paid from my estate. The expenses of my last illness and funeral SECOND: I hereby give and bequeath, absolutely and in fee simple, to my spouse, PHYLLIS E. VONEIDA, all my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment, provided that if my spouse dies before the thirtieth (30th) day following the day of my death, this gift shall lapse or be divested and I make said bequest to our daughter and granddaughters, per stirpes, living at the time of my death, to be divided among them as they shall agree. If they cannot agree for any reason, then these items shall be sold at public auction, our issue being permitted to bid upon such items without specific permission of the court even though they might be a fiduciary at the time. My Executor shall represent any minor child in any division of such property and shall deliver to the person standing in the place of a parent to such minor, without bond, such portion of the minor's share as my Executor, after considering the minor's wishes, deems appropriate and shall sell the balance and pay the proceeds to my Trustees to be retained for the minor under Item SEVENTH hereof. THIRD: The gift to my spouse in this Item is intended to give my estate the marital deduction effective under the Internal Revenue Code to reduce Feder~l, If my spouse, PHYLLIS E. VONEIDA, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by the aggregate marital deduction allowable for Federal estate tax purposes for other property or interests that pass or shall have passed to my spouse otherwise than under this clause and that qualify for the said marital deduction; and further reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the unified credit and any other credits available to my estate, will result in no Federal estate tax, and pay the net income therefrom not less frequently than quarterly to my spouse for life. My spouse shall have power to appoint all or any part or parts of the principal of this Trust (Marital Deduction Trust) to herself or a class composed of our issue, to wit: our daughter and granddaughters. This power shall be exercised by her alone and in all events by specific reference thereto in her Will, or by delivery at any time or times during her lifetime of a written direction to my Trustees who shall thereupon make payment as she directs. My Trustee shall pay to her personal representatives from any unappointed principal the difference between all taxes, interest and penalties which they must pay by reason of her death and those which would be payable by them if such unappointed principal were not taxable in her estate and shall add the balance of such unappointed principal to my residuary Trust. FOURTH: I give and devise the residue of my estate, real and personal, to my Trustee hereinafter named, IN TRUST, as follows: (a) The net income therefrom shall be paid to my spouse, PHYLLIS E. VONEIDA, for life (b) Upon the death of my spouse, or in the event my spouse predeceases me, my estate shall be distributed as follows: (i) All the rest, residue and remainder of my estate, real, personal and mixed, " then her share shall be divided equally between my two (2) granddaughters named below. B.) Twenty-two and one-half (22 1/2%) per cent thereof to my granddaughter, TAMMIE DREESE, per stirpes. C.) Twenty-two and one-half (22 1/2%) per cent thereof to my granddaughter, KELLY COOK, per stirpes. FIFTH: Trustee may use principal of the trust under Item FOURTH and FIFTH hereof only for the benefit of my spouse. Trustee may use principal from both trust as that Trustee deems necessary: (a) To meet the expense of any accident, illness or other emergency befalling her; (b) For maintenance, and support; (c) To pay funeral expenses, including the cost of a grave marker and perpetual care of the grave. Notwithstanding the foregoing, the power to consume, invade or appropriate property for the benefit of my spouse shall be limited by ascertainable standard relating to health, education, support or maintenance within the meaning of subparagraph (a) of Section 2041 (b)( 1) of the Internal Revenue Code of 1954 or any similar provision which may be in effect at the time of my death so that such power will not constitute a general power of appointment. SIXTH: I hereby nominate, constitute and appoint my hereinafter named Trustee, Guardian of any property which passes otherwise than under this will to a minor and with respect to which I am authorized to appoint a Guardian and have otherwise not SEVENTH: No provision of this Will is intended to exercise any power of appointment, including any power of appointment granted to me by my spouse's estate planning or other documents. EIGHTH: All taxes, interest and penalties thereon payable by reason of my death with respect to property comprising my gross estate, whether or not passing under this Will, shall be paid from the principal of my residuary estate under Item FIFTH provided however, that funds of my Trust created herein may be used to pay taxes, interest and penalties attributed to such trust assets. NINTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. TENTH: In addition to powers given them by law, my Executor and Trustee and their successors and any guardian acting hereunder shall have the following discretionary powers applicable to all real and personal property held by them, effective without court order and until actual distribution: ( except as more particularly stated and provided in Item FIFTH above): (a) To retain all property received by them including the stock of any corporate fiduciary acting hereunder, provided such property remains productive; (b) To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive (c) To join in any incorporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors; for these purposes without obligation to repudiate them in favor of a higher offer; (f) With respect to my residuary trust under Item FIFfH hereof, to allocate items of receipt or disbursement between income and principal as they deem equitable regardless of the character given such items by law; (g) To apply income or principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian; (h) To borrow money, including the right to borrow from any corporate fiduciary acting hereunder, and mortgage or pledge as security; (i) To hold investments in the name of a nominee; G) To distribute in cash or kind or partly in each at valuations fixed by them; (k) To assume continuance of the status of any beneficiary with reference to marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumption; (1) To elect to value my gross estate for Federal estate tax purposes as of the date of my death or as of the alternate valuation date as allowed for such purposes, and to claim as income tax deductions expenses that would otherwise qualify as estate tax deduction and other elections allowable under law; (m) Except to the extent necessary in order that the trust under Item FOURTH hereof qualify for the marital deduction allowable under the Internal Revenue Code, it shall not be necessary to segregate investments as belonging to a particular trust or share therein and all interests may be held in undivided form in a single fund from which proportionate distributions are made based on current reappraisals; (n) To merge any similar trust established by my spouse where the terms of the same are identical; (0) To make income or principal distributions during the course of administration of my estate or trust created hereunder; ~ included therein as compared to the taxes my estate would owe in the event said property were not taxable in my estate; and (q) To undertake any and all acts deemed necessary and proper by it for the proper and advantageous management of any trust and the settlement of my estate. ELEVENTH: In the event that for any reason whatsoever, any of my named beneficiaries should become a success or fiduciary, then No fiduciary who is a beneficiary of my residuary trust created in Item FIFfH hereof shall participate in the exercise of any discretionary power to use the principal thereof for the benefit of any person or to apportion or allocate items of charge or credit between principal and income of such trust. Additionally, no fiduciary named herein shall participate in any discretionary decision to invade or use the principal of any trust hereby created for hislher benefit or for the benefit of hislher issue and in addition no fiduciary named hereunder shall enter into any reciprocal arrangement with any other fiduciary to make such discretionary distributions. No fiduciary named herein shall have any power with regard to the administration of a trust created hereunder if such power would cause the trust to be includible in his or her estate for federal estate tax purposes. TWELFTH: Any person, other than my spouse, who shall have died within thirty (30) days of my death, shall be deemed to have predeceased me. If my spouse and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof, my spouse shall be deemed to have survived me. Any person (other than myself) who shall have died at the same time as any then recipient of income or in a common disaster with such beneficiary, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. THIRTEENTH: I appoint my spouse, PHYLLIS E. VONEIDA, as Executrix of and as Trustee under this my Will. In the event my said spouse cannot act or continue to act as Executrix and/or Trustee for any reason, I appoint my daughter, KAREN R. DREESE, to serve in her place and stead. In the event that she also cannot act or continue to IN WITNESS WHEREOF, I have hereunto set my hand and-seal\ this ) .2nJ day of I f9rt~.A .-,--1998, to this and the preceding .At-l; (~) pages, and I have also placed my initials on each preceding page for better identification and greater security. J1~ '"1 4 //~~I;4 GLENN G. V6NEIDA . (SEAL) II SIGNED, SEALED, PUBLISHED and DECLARED 9Y the above-named Testator, GLENN G. VaNEllA, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as ~?~~Ib- ~-t~~ ~ah+? ~Q~ witnesses.