HomeMy WebLinkAbout07-10-14 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)thl
following and respectfully requests the grant of Letters in the appropriate form:
Thomas R.Witman
Decedent's Information
Name: Evelyn L Witman File No: 21 -14 — 643
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 06126/2014 Age at Death: 85
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 402 Wren Court,Mechanicsburg 17050 Mechanicsburg Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 959 South Mountain Road Dillsburg York PA
Street address,Post Once 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 $ 350,000.00
If not domiciled in Pennsylvania................. Personal property in Pennsylvania $
If not domiciled in Pennsylvania................. Personal property in County $
Value of real estate in Pennsylvania........... $
TOTAL ESTIMATED VALUE$ 350,000.00
Real estate in Pennsylvania situated at
(Attach additional sheets,If necessary.)
Street address:PosLORice and Zip Code City,Township or Borough County
Q A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they istare the Executor(s)named in the Last Will of the Decedent,dated 12/03/2013 and Codicil(s)
thereto dated
(State relevant clmumstances,e.g.,renuncation,death of executor,etc.)
Except as follows:after the execution of the instruments)offered for probate,Decedent did not marry,was not divorced,was not a pa a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(8),and tlid not have achild -r:- -.i
adopted and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. M :T3 r�
❑
X NO EXCEPTIONS❑ EXCEPTIONS W"ZOi r C:: (Z-.)
❑B. Petition for Grant of Letters of Administration (Ifappliwble)
c..a.; . .n.;TSn.cTa-.;peclente ite; ura$(eessen ra;cruninte moron a e:_;
If Administration,e.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. n C
Except as follows:Decedent was not a party to pending divorce proceedingg wherein the grounds for divorce had been established as d .
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever atlj -udicated an incapacitated person. i�r
❑
X NO EXCEPTIONS❑ EXCEPTIONS CD
Petitioner(s),after a proper search has/have ascertained that Dect,UaA left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
Name Relationship Address
Form RW-02 rev 10.11-2o11 Copyright(c)2011 form software only The Lackner Group.Inc. Page 1 of 2
Oath of Personal Representative OfGda:Use Onty
COMMONWEALTH OF PENNSYLVANIA }
COUNTYOF Cumberland } SS:
}
Petitioner(s)Printed Name Petitioner(s)Printed Address
Thomas R.Witman 959 South Mountain Road
Dillsburg,PA 17019
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoingg 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,Felt:oner(s)will well and truly administer the estate according to law.
Sworn to or ffirmed and sub cribed before h`O-OA e`W-�+w^'� Date 1
methis l�dayof ,� Date
By: Date
For the Register
Dale
BOND Required? Yes ® No To the Register of Wills:
FEES 2��r� Please enter my appearance by my signature below:
Letters............................................ $ 3� Attorney Signature:
( (0 )Short Certificale(s)..........
I )Renunciation(s)............... /M•
1 n
(_)Codicil(s)......................... r-
(_)Affidavit(s)....................... Printed Name: Debra K Wallet
r.�
Bond.............................................. r er. =G
Supreme Court -'— --s
Commission................................... ID Number: 23989
Other 6
I V)%to Finn Name: Law Offices of Debra K.W@6=1 3 r
Address: 24 North 32nd Street < -M
D F C/J
GR
Camp Hill,PA 17011
Phone: 7171737-1300
Automation Fee............................. C] Fax: 717!761-5319
JCSFee......................................... �-
TOTAL........................................... $ E-mail: walletdab@aol.com
DECREE OF THE REGISTER
Date of Death: 0612612014
Social Security No:
Estate of Evelyn L Witman File No: 21 -14 43
a/k/a:
AND NOW, ( ,in consideration of the foregoing Petition,
satisfactory proof having been presented defore me,IT IS DECREED that Letters Testamentary
are hereby granted to Thomas R.Witman
in the above estate and(if applicable)that the instrument(s)dated 1 210 312 01 3
described in the Petition be admitted to probate and filed of record as a last Will(a Cod.cil s))of Decedent.
k—Register of Will
Copyright(c)2011 fort,software only 7rhe Latlmer Inc. Page 2 of 2
RF RDEC' OFFICE OF
FtEG'SsL
'11 5
2014 JUL_ 10 PM 3: '49
Drip{ Mg '1 Tp-WILL AND TESTAMENT
O ]F
]EVIELYN L. WITMAN
I; EVELYN L. WITMAN, of Mechanicsburg, Cumberland County, Pennsylvania,
being of sound and disposing mind, memory, and understanding, do hereby make, publish, and
declare this to be my Last Will and Testament and hereby revoke all other Wills and Codicils
that I have made, including the Will dated September 5, 2011 I acknowledge here the
existence of a separate mist agreement entitled "The Evelyn L. Witman Revocable Trust"
which is in no way revoked by this, my Last Will and Testament, but which may be hereafter
Lrevoked or amended.
FIRST: All of my Estate, of whatever nature and wherever situate, I give,
devise, and bequeath, in two equal shares, to those of my sons who shall survive me by thirty
(30) days: THOMAS R. WITMAN, of Dillsburg, Pennsylvania; and TERRY LEE MELLICK,
of Carlisle, Pennsylvania. Should either of my sons fail to survive me by thirty (30) days, but
be represented by children then living, these children shall take,per stirpes, the share to which
my son would have been entitled if then living. In the event that either of my sons fail to
survive me by thirty (30) days and fail to have living children, then I give, devise, and
bequeath that son's share to his lawfully wedded wife, so long as my son and his wife were
living together as husband and wife at the time of my son's death.
SECOND: All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executor, even though vested and
distributable, shall not be subject to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation.
THIRD: All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out of and be charged generally
against the principal of my residuary estate, without apportionment or right of reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executor, of the non-probate assets such as an annuity or
mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executor, in the Executor's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
the non-probate assets.
FOURTH: In addition to all rights and powers conferred by law, I authorize and
empower my Executor and his successors, in his absolute discretion and without necessity of
obtaining court approval:
A. To buy investments at a premium or discount.
B. To hold property unregistered or in the name of a nominee.
C. To give proxies, both ministerial and discretionary.
D. To compromise claims.
E. To join any merger, consolidation, reorganization, voting trust
plan, or any other concerted action of security holders and to delegate discretionary duties with
respect thereto.
F. To lend to, and buy from, my estate.
G. To borrow and to pledge real and personal property as security therefore.
H. To sell at public or private sale for cash or credit or partly for each, to
exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
I. To exercise any option permitted by law which he believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
foregoing, power and authority to claim administration or other expenses either as income tax
deductions or inheritance or estate tax deductions, without regard to whether they were paid
from principal or income and without requiring adjustments between principal and income for
any resulting effect on income or estate taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiary or
class of beneficiaries hereunder at the expense of another; and to make such adjustments, if
any, between beneficiaries with respect thereto as he shall deem appropriate in view of the
nature of the transaction and the amounts involved.
J. To distribute in cash or in kind or partly in each.
K. To employ agents, legal counsel, brokers, and assistants, and to pay their
fees and expenses as he may deem necessary or advisable to carry out the provisions of this
Will or any Trust.
The powers granted hereunder shall be exercisable with respect to all real and personal
property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time, until the actual distribution of all property. All powers, authorities
and discretion granted here shall be in addition to those granted by law and shall be exercisable
without leave of court. However, nothing herein shall be interpreted or construed to
encourage, authorize, empower, or permit the Executor to act or cause anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
FIFTH: I nominate, constitute, and appoint my son, THOMAS R. WrFMAN, as
Executor of this, my Last Will and Testament. In the event of the renunciation, death,
resignation, or inability of my son to act for whatever reason in this capacity, then I nominate,
constitute, and appoint my other son, TERRY LEE MELLICK, as Executor of this, my Last
Will and Testament.
I direct that no representative named above shall be required to post security for the
faithful performance of his duties in any jurisdiction insofar as I am able by law to relieve him
of such obligation. Any of my representatives shall be entitled to reasonable compensation for
the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3ti01, day of
►�uceMbrr 2013, on this, the fourth of four typewritten pages. I have also signed the
left-hand margin of the first three of these pages for purposes of identification only.
EVELYN L. WI MAN
SIGNED, PUBLISHED, and DECLARED by the Testatrix, EVELYN L. WITMAN,
as 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 hereunto subscribed our names as witnesses.
Avw,4C. %.J.A*4— Ysb 4No ✓✓. to
htitA nab-� P4 INC$-
Q "� )" PA 17Os-O
ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
1, EVELYN L. WITMAN, Testatrix, whose name is signed to the attached instrument,
be having been duly qualified according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as
my free and voluntary act for the purposes therein expressed.
EVELYN L. WITMAN
Sworn or affirmed to and subscribed before me by EVELYN L. WITMAN, the
Testatrix, this _day of j"��g csrrn baf' 2013.
Notary PubIffc
COMMONWEALTH OF PENNSYLVANIA
Notartal Seal
Mary McGill,Notary Public
tamp HM BM,QM*&IaM GDUMY
tOMMW n M NOV.15,2OIS
Aeiw,weeinVANIA ASSoamoii of NOTARIES
Al~FIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and . J ISStk }—fit + s�l� Z the witnesses whose names
are signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testatrix, EVELYN L. WITMAN, sign and execute the
instrument as her Last Will and Testament; that she executed it as her free and voluntary act
for the.purposes therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that
time 18 years of age or older, of sound mind, and under no constraint or undue influence.
�n
Sworn or affirmed to and subscribed before me bya �� L 1([Lt� "°. and
JIX IS D, tiUrL617— witnesses, this 3 day of J�c�cerr,hoy— 2013.
C
Notary Pub�lic�
OOMMONWEALTH of PENNSYLVANIA
Notarial Seat
Mary MCGIk,Notary ft ft
CanT"M Bono,CumbertanM County
My COMMWM BNNeo Nov.15,2015
MMUM FENXMVMZA ASSMATION OF NOTARIES
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
No. 2014- 00643 PA No. 21- 14- 0643
Estate Of: EVELYNL WITMAN
(First,Middle,Last)
Late Of: MECHANICSBURG BOROUGH
CUMBERLAND COUNTY
0 Deceased
Social Security No:
WHEREAS, on the 10th day of July 2014 an instrument dated
December 3rd 2013 was admitted to probate as ,the last will of
EVELYN L WITMAN
(First Middle,Lasd
late of MECHANICSBURG BOROUGH, CUMBERLAND County,
who died on the 26th day of June 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA 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 TESTAMENTARYto:
THOMAS R WITMAN
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 10th day of July 2014.
J R gister of v E
Depyty'
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
z
A