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HomeMy WebLinkAbout06-19-14 Reset 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 request(s)the grant of Letters in the appropriate form: Decedent's Information ,I QJ- Name: Donald D Wagner Sr _ File No: �� " I`1 ' ^�0 l� a/k/a: Don Wa ner (Assigned by Register) a/k/a: ��a: Social Security No: Date of Death: 1/5/2014 Age at death: 86 Decedent was domiciled at death in Cumberland County, pA (srare)with his/her last principal residence at 108 Stra er Dr Carlisle 17015 South Middleton Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 108 Stra er Dr Carlisle 17015 South Middleton Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania........ ................. ... All personal property $ 153,000.00 If not domiciled in Pennsy[vania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ...... ................. Personal property in County $ Value of real estate in Pennsylvania........ ..................... ...................... ...... $ TOTAL ESTIMATED VALUE. . .. $ 153,000.00 Real estate in Pennsylvania situated at: (Attach addirional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated March 28,2000 and Codicil(s) thereto dated 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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS � B. Petition for Grant of Letters of Administration (I£applicable) 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 bee�ablish�edp�defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated pers� � ,.�, � ,, c.� �NO EXCEPTIONS � EXCEPTIONS ," � G .� ��� Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived by the fo1lo,Wi�ig s�se('f�a y)and he�ir�(attach additionalsheets,ifnecessary): ~ '~'" Ct� �-� .._ = , - _ _ Name Relationshi Advii�ess,� � '`�i ~"� G'� �J '�"! _ _... <L7 �.._ ;,.''.y C7 F� �'"_' �1 � "".� � � C� �' Form RW-02 rev. JO/l1/20/l Page 1 of 2 Oath of Personal Representative o�-,��a�use oniy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Ma Wa ner Gronkiewicz 1209 Stratford Dr. Carlisle PA 17013 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 the Decedent,the Petitio er(s)will well and truly administer the estate according to law. Sworn t r affirmed and subscribed before /// � Date �` /% /�`' me �S � ,� Date By; Date For the Register Date N � '"'C � j-g� ° � � � l7 BOND Required: Q YES �O To the Register of Wills: � =� � ? r:,> FEES' Please enter my appearance by my si na�u�,e�belo�t =4Y . � �� - ... ; , Letters. . . . . . . . . . . . . . . . . . . . . . $ ��('� Attorney Si nature: „ � � � � -=� ( � )Short Certificate(s).. . . . . �3(�?,- �' ,�w� ��' �'��' ( )Renunciation(s).. . . . . . . . `� ,='' � `� �.�.� . <�� '�-� ����3 � �;.� ( )Codicil(s). . . . . . . . . . . . . �� G� :;r.: _ ( )Affidavit(s).. . . . . . . . . . . ` --! ~ y..�-_ �'7 Bond.. . . . . . . . . . . . . . . . . . . . . . . Printe ame: John C Oszustowic��,, F._..► �y O Commission. . . . . . . . . . . . . . . . . . Supreme Court � T� Other . . . . . . . . ID Number: 37076 �� � . . . . . . . . ^ •� � C( . . . . �'�- � Firm Name: Law Office of John C Oszustowicz � . . . . . . . (�.Ql` Address: 104 S Hanover St � . . . . . . . . C'arlisle,PA 1701'i . . . . . . . Phone: 717-243-7437 Automation Fee. . . . . . . . . . . . . . . , d Fax: 717-258-8379 JCS Fee. . . . . . . . . . . . . . . . . . . . . , Email: 3 hnn carliclez al w_cnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ �/n.�.` $.9�- DECREE OF THE REGISTER Estate of Donald D.WaQner,Sr. File No: ��—� f� ' �Q l�' a1k/a: AND NOW, C��� C ,�, in consid ration of th foregoing Petition, satisfactory proof having been resented before me,IT IS DECREED that Letters are hereby granted to , � in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of rec rd as the last Will and Codicil(s))of Decedent. ,��'� ;� . �'� 2 Register of Wills� j�Q h �I ���r��,.y� � Form RW-02 rev.10/II/201/ Page 2 of 2 , � . � , • LAST WILL AND TE STAMF�TT � f:,;,� � �� �� � c,, �, ,; �� � _ :'� OF ;,, �, � � w� . ' ; , _� c� c:� �, �.� _'O =;1 —�'t 7 C7 _1 � -*;; -T1 DONALD D. WAGNER, Sl�.� � � � � -� � �, a � �, � I, DONALD D. WAGNER, SR., of Baltimore City, of the State of Maryland, being �f sound and disposing mind, memory and understanding, do hereby make, nublisn and declare this instrument as and for my Last Will and Testament, hereby revoking any and all Wills, Codicils and any other testamentary disposition that may have been heretofore made by me. FIRST AND PRINCIPALLY: I commit my soul unto the Hands of the Almighty God and my body to the earth to be decently buried in accordance with the rites of my Religion. Z w�Sl� SECOND: I direct my Personal Representative, hereinafter named, to pay all my just �7' '�� debts and funeral expenses, which funeral expenses, including the cost of a suitable monument shall be in such amount as my Personal Representative may consider proper, and without regard to any statutory limitation thereon or necessity to apply to any Court for approval. THIRD: I hereby give, devise and bequeath all of my estate and property, whether real, mixed or personal, to which I am now entitled and to which I may ever become entitled, to my beloved Daughter, MARY WAGNER GRONKIEWICZ, absolutely. I do not intend that my other children, namely: DONALD D. WAGNER, JR. or DAVID A. WAGNER, take any share under this my Last Will and Testament if their sister survives me; however, it is my hope that their sister will allow them use of my property as conveyed to her, as her discretion permits. I\WPD0051WW.4�W�gne.9r..DambD.d Wi�tiGedNPleedi�\Wi110)0200.doc � FOURTH: If my beloved Daughter, MARY WAGNER GRONKIEWICZ, shall predecease me, or if my said Daughter and I shall die simultaneously, or if my Daughter shall die within thirty(30) days after the day of my death, then, I give, devise and bequeath: (a) one-half (1/2) of my Estate to MARY WAGNER GRONKIEWICZ'S Children, equally, to share and share alike, and (b) one-half (1/2) of my Estate to DONALD D. WAGNER, JIL'S children, equally, to share and share alike. FIFTH: In the event that any of my Legatees through MARY WAGNER GRONKIEWICZ and/or any of my Legatees through DONALD D. WAGNER, JR., have not attained the age of 18 years at the time distribution of my Estate, then I give, devise and bequeath the share or shares of my Legatees through MARY WAGNER GRONKIEWICZ, under the age Q'�� of eighteen (18) years unto my son-in-law, BRUCE GRONKIEWICZ, as Trustee, in trust for the � � following uses and trust purposes, and I give, devise and bequeath the share or shares of my � Legatees through DONALD D. WAGNER, JR., who are under the age of eighteen (18) years unto DONALD D. WAGNER, JR., as Trustee for the following uses and trust purposes, and that is to say: Each respective Trustee is hereby authorized and empowered to pay over and expend for the benefit of any of my Legatees under the age of eighteen (18) years, until each of said Legatees shall reach the age of eighteen (18) years, such sum or sums of money out of the income and/or principal of each of my respective Trust Estate as his sole and absolute discretion may deem necessary or advisable for the maintenance, support, health, general welfare and education, provided, however, that the said payments of principal shall be treated as advancements and shall diminish the share of each Trust Property of said Legatees under the age of eighteen(18). I.\WPDOCSW W.4�W�gner,Br.,DauldD.d Wwfred O�Ple�dirigs\Wi11030200.doc r� L Each of my respective Trustees shall take, have, receive and hold all of the property in each of my Trust Estates to invest and reinvest the same, change the investments from time to time, collect the rents and revenues, incomes and profits therefrom, and after payment of all proper charges and expenses incident to the said Trust, dispose of the net income therefrom and principal thereof as provided herein above. My Trustees shall further have the power to borrow money and to sell at public or private sale or sales, lease(whether or not the duration of such lease shall extend beyond the duration of the Trust), hypothecate, pledge, mortgage, improve, subdivide, grant, assign, convey, bargain, transfer, exchange and in any other manner, conditionally or absolutely, to dispose of all or any part of the Trust Estate whenever and as often as the Trustees may deem it advisable to so do, without obligation on the part of the purchaser of purchasers, or any other person dealing with the Trustees to see to the application of the purchase money or other S ,.l consideration passing to the Trustees. Said Trustees shall also be authorized and empowered to \Y � execute, acknowledge and transfer any and all instruments in writing, and to do any and all matters � and things necessary, required or advisable to be done in connection with the performance of the Trustees' duties hereunder; it being my intention to give my Trustees the same powers that I had during my lifetime over said Estate. These respective Trust Estates shall cease as to each of my Legatees upon each of them reaching the age of eighteen (18) years and I direct that the Trust Property of each of my Legatees attaining the age of eighteen (18), as then constituted (including any accumulated, accrued and/or undistributed income therefrom) be distributed to them, free and clear of any Trust, absolutely. SIXTH: In the event that my grandchildren through my son DONALD D. WAGNER, JR., whom I have been given custody over through the Circuit Court for Baltimore City, namely: HENRY WAGNER and DONALD D. WAGNER, III, shall be under the age of I:\WPDOCSWQLti1W�pier.�.Dauld D.!WimGed OIPIeWe�ga\Wi11030200 doc � eighteen (18) years at the time of my death, then, in that event, I hereby nominate my daughter, MARY WAGNER GRONKIEWICZ, to be the guardian of my said GRANDCHILDREN. In the event that my daughter, MARY WAGNER GRONKIEWICZ, refuses to serve as guardian or is unable to serve for any reason, then in the alternative and in her place and stead, I hereby appoint my son-in-law, BRUCE GRONKIEWICZ, to be the guardian of my said GRANDCHILDREN. EIGHTH: I nominate and appoint my beloved daughter, MARY WAGNER GRONKIEWICZ, as my Personal Representative of this, my Last Will and Testament, to serve without bond insofar as permitted by law, and I authorize and empower my said Personal Representative, for any reason deemed proper and sufficient by her, and in her sole discretion, to S: sell any or all of my estate, real, mixed and/or personal, at either public or private sale or sales, � without the necessity for prior application to or subsequent approval of the Orphan's Court or any � /� other Court for so doing, and without the necessity for any purchaser or purchasers to see the x application of the purchase money. In the event that my beloved daughter, MARY WAGNER GRONKIEWICZ, refuses to serve or is unable for any reason as my Personal Representative of this Last Will and Testament; then I hereby appoint my beloved son-in-law, BRUCE GRONKIEWICZ, to act as my Personal Representative in her place and stead. IN TESTIMONY WHEREOF, I have hereunto set my name and affixed my seal i� this�� day of MARCH, 2000. � �c�1 ( C� �.--�SEAL) ONALD D. WAGNER, S SIGNED, SEALED, PUBLISHED and DECLARED, by the said, DONALD D. WAGNER, SR, the above named Testator, as and for his Last Will and Testament, in the presence I\WPDOCS1W➢d..4�Wegrier,&.,DaWdD.d Wi�ti&ed O�PIeWi�s\Wi11030200 doc A Y , � � � ' of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses; and we, the witnesses, do hereby attest that the Testator, at the time of this execution, is of sound and disposing mind, memory and understanding WITNESSES: �'� a G �' � � 5 � .��u:v� ti Name Address �� �� (1� � � � �d � ` � ', �l ��c� � �.s'���%��-� N� � Address ---�/q�-�s�-'°," -r � �Z/�/� I\WPDOCSVlY1.11W�gna.9.Darld D.d Wrtufrcd OWIeMirys\Wi11030200 Eoc S OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS Cumberland COUNTY, PENNSYLVANIA Estate of Donald D. Wagner, Sr. ,Deceased 7 l t1�'t �Cf�'I 2 �P� ri/vt cu� and \���C�1/��e�'^ �r� 2 M;1�e/ (each)being duly qualified according to law, depose(s) and say(s)that she/he/they was/were well- acquainted with Donald D. Wagner, Sr. and am/are familiar with the handwriting and signature of the decedent, and that the signature of Donald D. Wa�ner, Sr. to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Donald D. Wagner, Sr. is in his/her own proper handwriting. �� . � (�.n �,.�-Q--� (Si ature) (Signature) �(�Q �c,,�t on �d�'2���r L\�U �'�.t v�5�uC9--� Q c� (Street Address) (Street Address) �w.��►`sl� �i� !�a �3 CQ-r��s� , C�i� �� d15 (Ciry,State,Zip) (Ciry,State,ZiP) rv Executed in Register's Office c-> � _„� .-u �� --� °�:-' rn Sworn to or affirmed and subscribed r;.� � c �,''.� ���.', t` � ':�? r.., � ;:� before me this_��� day � ��-�. � -- �. .� of �-( .�.,t�E , 0� -u� -� �° � . �� ��_� � � -� ; :�; =e' � "' -� , , �;.:� _ <=� . � �--+ r° r� —�-i t—` Deputy for Register of ls � � �'' � Form RW-04 rev.10.13.06