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HomeMy WebLinkAbout06-23-14 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 21 ��� Name: KATHRYN R. STAUB File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 7CTNE 6,2014 Age at death: 98 Decedent was domiciled at death in Cumberland County, penr,�yi�ania (Srare)with his/her last principal residence at 14 Hemlock Drive,Mechanicsbur�,Upper Allen Townshin,Cumberland Countv,Pennsvlvania Street address,Post Office and Zip Code City,Township or Borough County Decedent died at The Woods at Cedar Run 824 Lisburn Road,Camp Hill,Pennsylvania Street address,Post Of6ce 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 $ 75,000.00 If not domici[ed in Pennsy[vania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsy[vania........ .. ....................... .. ...................... $ TOTAL ESTIMATED VALUE. ... $ 75 000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary.) Street address,Post Oftice and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated May 8, 1997 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 (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. �NO EXCEPTIONS �EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if an}�.�d heirs(attach additional sheets, if necessary): � ° � rn ��.. Name Relationshi Address � � ���'- a r� � �...� _ r.., _ t-7 ' � :.__' N :� �_ � �+'i �_ _ �� �' C� y fr �_ C7 ,_,; � -r7 G`J C� -T1 G"� • -�—� O fj O � � Form RW-02 rev. �oir�izon Page 1 of 2 Oath of Personal Representative o.��la�use oniy� ;� � ,.�, rn COMMONWEALTH OF PENNSYLVANIA } "� � � �� � ,-� ,-� � ) �7 } SS: _ i r� r r $... � � r_� COUNTY OF } - _r° ;- W .y C� . : �:.,_ :..; z �� Petitioner(s)Printed Name Petitioner(s)Printed Address �'' �:`� �:� ' Marlene A.Rhine 14 Hemlock Drive Mechanicsbur PA 17055 � y� ~'' r== C� --i J L.� Cn O 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 Peti'oner(s)will well and trul administer the estate according to law. Sworn t af�fi ed a subscribed before � �,,����, ���Date me th' r day of ,�� Date � By' ' Date or h Register Date BOND Required: � YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 135.00 Attorney Signature: ( 5) Short Certificate(s). . . . . . 25.00 ( ) Renunciation(s).. . . . . . . . ����� � ��� ( ) Codicil(s). . . . . . . . . . . . . ( ) Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Sharon R.Paxton,Esq. Commission. . . . . . . . . . . . . . . . . . Supreme Court Other Inh.Tax Return . . . . . . . . 15.00 ID Number: 58852 Inventory . . . . . . . . 15.00 Will . . . . . . . . 15.00 Firm Name: McNees Wallace&Nurick LLC . . . . . . . . Address: 100 pine Street . . . . . . . . Pn Box 1 l66 . . . . . . . . HarrisburQ,PA 17108-1166 . . . . . . . Phone: 717-237-5393 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717-260-1735 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: �naxtnn mwn_cnm TOTAL. . . . . . . . . . . . . . . . . . . . . � 233.50 DECREE OF THE REGISTER Estate of KATHRYN R. STAUB File No: �!— /% "�7 / a/k/a: AND NOW, � ,4"�!�, in consideration of the foregoing Petition, satisfactory proof ving been presented before me,IT IS DECREED that Letters Testamentarv are hereby granted to Marlene A.Rhine in the above estate and(if applicable)that the instrument(s)dated Mav 8, 1997 described in the Petition be admitted to probate and filed of rec d as the last Will (a odicil(s))of Decedent. egi er of Wills Form RW-02 rev. l0/l1/101/ e 2 of 2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ;, No. 2014- 00594 PA No. 21- 14- 0594 Estate Of: KATHRYN R STAUB lFirst,Middle,LastJ La te Of: UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Soci al Securi ty No: WHEREAS, on the 23rd day of June 2014 an instrument dated May 8th 1997 was admitted to probate as the last will of KA THRYN R STA UB (First,Middle,CasU late of UPPERALLEN TOWNSH/P, CUMBERLAND County, who died on the 6th day of June 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, hereby certify that I have this day granted Letters TESTAMENTARY to: MARLENE A RHINE who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 23rd day of June 2014. c,l ....� i �- o c� ,--, �; � L - � � ~ �.� � � ` "" ` ' ' " • � r"� "^ � Register of Wills t� =" �— i��. � �� � �-- '' � LJ `^� C'� '`� _ (...y i , ( . . -��� ��- ;t �-��. ��__ � � C� r,, � �. .. _ Deputy L.LS f_, Ca= f �� � �fJ, -�' ��''/� , C,.) �. � t�.. f-f, � C:,r _.,,� � •-� �__ � � � � .°; �� c�'� C_:> � **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) � , , , , c� � f__ � � � ' _.> C? � f,7 fTt t,�r � c- �__' c.> P'� -n WILL -`? *�. r� ` .`,y :.'^J . �� � �`i !xY OF : - `., r,�;� `��� �. ' ' +�.:, �,�a KATHRYN R. S TAUB �"� �> �`� � ` �� � ,�__ �. :� -�'t - ':,'" F-'� - C`� -t.J --1 � +�A� fYy [""' '`'' �.%z tl3 O I, KATHRYI� R.. STAUB, presently of Cumberland County, Pennsylvania, y -ri declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Personaltv. 2 bequeath such items of my tangible personal property as are specifically itemized on the list, if ar_y, in my handwriting, signed and dated by me at the end thereof, and attached to this, my Will, to � the person(s) named thereon to receive such items. I bequeath all of my remaining tangible personal property not used in business or for the production of income, including without limitation, furniture, furnishings, clothing, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, to my daughter, Marlene A. Rhine. 2 . Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, to my daughter, Marlene A. Rhine. 3. Spendthrift Clause. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his or her said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability a..rises from his or her debts, contracts, torts, or other engagements of any type. _ _ _ 4. Facilitv of Pavment for Minors or Incapacitated Persons. Any amounts or assets which are payable or distributable to a minor or incapacitated person hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incapacitated person, to the person with whom such minor or incapacitated person resides, to a trust existing primarily or exclusively for the benefit of such minor or incapacitated person, or directly to such minor or incapacitated person, or may be applied for the use or benefit of such minor or incapacitated person. 5. Powers. In addition to such othe.r powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent of any court, but subject to any applicable requirements of ordinary due care: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and the stock of any corporate fiduciary, if ever any, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. �C� `I'O S211r COI1V°1.'� °:vr+�7�:?y°� puT��tlOi1� y^iV2 0�3i.1OI15 i.0 buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder, and to receive property encumbered by debts and mortgages and to take subject to and/or assume same. - 2 - (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) Without limitation of powers elsewhere granted herein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any sucYi property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, accountants and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of my estate, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depcs�tory, �rustee o•r �therwise, and to pay out of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with the estates of my daughter and her husband or any trust established by me, my daughter, or my daughter's husband, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, - 3 - including, without limitation, election to deduct expenses in computing one tax or another and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 6. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes; shal]. be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration; provided, however, that my executor(s) may in the discretion of my executor(s) request that any portion or all of said taxes (i.e. , any or all taxes to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. 7. Fiduciaries. I appoint my daughter, Marlene A. Rhine, as Executrix hereunder. If my daughter should be unable or unwilling to serve or to complete the administration of my estate, then my son-in-law, Maurice S. Rhine, shall serve in her place. My fiduciaries shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary, if ever any. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of their duties hereunder. 8. Interpretation. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine and neuter - 4 - . , . , genders, and vice versa, and the singular shall include the plural and the plural the singular. IN WITNESS WHEREOF, I, KATHRYN R. STAUB, herewith set my hand to this, my last Will, typewritten on six (6) sheets of paper including the self-proving l attestation clause and signatures of witnesses, this day of , 1997. �l G�.2%f L`?�/'�'Z� �. � S EAL) KATHRYN . STAUB Witnessed: ''`-��,'�'t/'�? I` ' �'�' X- l U� residing at C22LC>?'��e.' ' /`l- . Q,J1R�. residing at C�TC.�CShO \Q - 5 - .� , , , . COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF �A�-1 P (�} 1 N . KATHRYN R. STAUB (the testatrix) , S���J R_ QRXT�l�l and �ps��,IJ �, �F��,�vj (the witnesses) , whose names are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as her last will in the presence of the witnesses 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 witness and that to the best of his knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: TESTATRIX: -�/���'�� �) ��'x 1 CJ� KATHRYN STA WI NESS: � Subscribed and sworn to before me by KATHRYN R. STAUB, the testatrix, and subscribed and sworn before me by �.�{�{�� � , �(�y;�UIJ and `�AR�.�J �. ����RTy , the witnesses, this � day of rn�Vj , 1997. Not r ublic ` ' NOTARIAL SEAL CAROL A.KOPPENHAVER,Notary Public (SEAL) Harrisburg,PA Dauphm County My Commission Exp�res March 6,2000 _._.__.--- - 6 -