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HomeMy WebLinkAbout01-21-15 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL R. WANVIG, Deceased ORPHANS' COURT DIVISION NO. PETITION TO PROBATE PHOTOCOPY OF WILL AND NOW, this c+L day of 9 , 2015, comes Daley Zucker Meilton & Miner, LLC and Patricia Carey Zucker, squire on behalf of the Estate of Paul R. Wanvig and Carsanna Buckley, Petitioner, and petitions this Honorable Court for probate of a photocopy of the Last Will of Paul R. Wanvig: 1. On December 1, 2014, Paul R. Wanvig passed from this life leaving a Last Will dated August 17, 2011. 2. In his Last Will, Paul R. Wanvig named Carsanna Buckley Executrix of his estate. 3. After extensive searching of the home of the deceased, Paul R. Wanvig, as well as searching his safe deposit box located at the PNC Bank at 1400 Camp Hill Shopping Mall, 32°d Street and Route 15, Camp Hill, Pennsylvania 17011, the original Will signed by Mr. Wanvig on August 17, 2011 has not been found. 4. The law firm of Daley Zucker Meilton & Miner, LLC prepared the Last Will executed by Paul R. Wanvig on August 17, 2011 and has not prepared any later Will. (A copy of the Will is attached hereto as Exhibit"A"). 5. On January 8, 2015, notice was provided to all members of the Cumberland County Bar Association of Paul R. Wanvig's death and requested contact if a Will was prepared for him subsequent to August 17, 2011. 6. No subsequent Will was located. cam ? H' r rrt G 7. Undersigned counsel, who was a witness to the Last Will of Paul R. Wanvig, attests to his signature on the Last Will dated August 17, 2011. (Copy of signed Affidavit attached hereto as Exhibit"B") 8. Petitioner Carsanna Buckley was appointed Power of Attorney by Paul R. Wanvig on March 30, 2011, and she had recently begun to handle his financial matters at the time of his death. 9. The University of Notre Dame in Notre Dame, Indiana 46556 and Hillsdale College in Hillsdale, Michigan 49242 are the beneficiaries named in the Last Will of Paul R. Wanvig dated August 17, 2011. 10. At the time of his death, Mr. Wanvig had no known intestate heirs. He was widowed with no children. His parents are long deceased. He had one (1) sister who passed away approximately forty (40)years ago who was unmarried with no children. WHEREFORE, Petitioner request that this Honorable Court probate the photocopy of the Last Will of Paul R. Wanvig and appoint Carsanna Buckley, Executrix. Respectfully submitted, DALEY ZUCKER MEILTON & MINER, LLC Dated: qin. �0 2m16' 'cia Carey Zuck , Esquir Attorney I.D.No. 3 334 635 N. 12t" Street, uite 1 Lemoyne, PA 170 (717) 724-9821 pzuckergdzmmlaw.com VERIFICATION I, Carsanna Buckley, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. Date: Carsanna Buckley EXHIBIT "A" LAST WILL GP PAUL.. R. WANVIG I, Paul R. Wanvig, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will. I revoke all other wills and codicils that I may have previously made. ARTICLE I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executrix from the principal of my residuary estate as soon as practicable after my death. ARTICLE II All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against -the principal of my residuary estate without reimbursement. from any person. This provision is not a waiver of any right which my Executrix has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Page 1 of 5 ARTICLE III I give, devise and bequeath all of my property,real, personal, and mixed, as follows: A. Fifty percent (50%) to the UNIVERSITY OF NOTRE DAME, Notre Dame, Indiana, for maintenance of the buildings and grounds. B. Fifty percent (50%) to HILLSDALE COLLEGE, 33 E. College Street, Hillsdale, Michigan,to be used for a charitable purpose in the discretion of Hillsdale College. ARTICLE IV In addition to the powers conferred by law, I authorize my Executrix, in her absolute discretion: A. to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein; B. to manage real estate; C. to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification; D. to exercise any option or right arising from the ownership of investments; E. to compromise claims without court approval and without consent of any beneficiary; F. to file any federal income tax return for any year for which I have not filed such return prior to my death; Page 2 of 5 G. to make distributions in cash or in kind, or in both, and to determine.the value of any such property; H. to employ any attorney, investment advisor, or other agent deemed necessary by my Executrix and to pay from my estate reasonable compensation for all their services; and I. to conduct along with or with others, any business in which I am engaged or have an interest in at the time of my death. ARTICLE V I nominate, constitute, and appoint .Carsanna Buckley, of 161 Toad-Hollow Road, Liverpool, Pennsylvania, Executrix of my Last Will and Testament. In the event of her renunciation, death, resignation, or inability to act for any reason whatsoever as my Executrix, I nominate, constitute, and appoint Dennis Buckley, of 161 Toad Hollow Road, Liverpool, Pennsylvania, to act as my Executor. I hereby relieve my Executrix or Executor, whether original, substitute, or successor, from the necessity of posting security in connection with her or his duties as such in any jurisdiction in which she or he may be called upon to act so far as I am able by law to do so. My 'Executrix or Executor shall receive reasonable compensation for services rendered to my Estate. IN WITNESS WHEREOF, I, Paul R. Wanvig, hereby set my hand to this,my Last Will, on this 11 day of 20�� , at Lemoyne, Pennsylvania. Paul R. Wanvig, Testator Page 3 of 5 In our presence,-the above-named Testator signed this and declared this to be -his Last Will, and now, at his request, in his presence, and in the presence of each other, we sign as witnesses. . N Address: I, Paul R. Wanvig, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and volunt t fo7theose herein expressed. Paul R. Wanvig, Testator COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the /71'� day of U vs , 2011 , before me, the undersigned officer, personally appeared Paul R. Wanvi , known to me (or satisfactorily proven) to be the. person whose name is subscribed to the within instrument, and acknowledged that he executed -the same for the purposes therein. IN WITNESS WHEREOF;I.hereunto set my hand and public official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Notary Public SUSAN M.HUDSON,Notary Public Borough of Lemoyne,Cumberland County My Commission Expires October 12,2014' Page 4 of 5 We, the undersigned witnesses who signed the foregoing instrument,.being duly qualified, according to law, depose and state that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his flee and voluntary act for the purposes therein expressed; that each of us, in his sight and hearing signed the Will as witnesses, and that to the best of our.knowledge, he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. S S WITNESS COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND i On this, the / day f 14 5 , 20 11 , before me, the undersigned officer, personally appeared �tl ZrrcKer' and Mj-/p S known to me ((or satisfactorily proven) to' be he persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein. IN WITNESS WHEREOF, I hereunto set my hand and public official seal. COMMONWEALTH OF PENNSYLVANIA Notary Public NOTARIAL SEAL SUSAN M.HUDSON,Notary Public Borough of Lemoyne,Cumberland County My Commission.kpires October 12,2014- Page 5 of 5 E X I B I T "B " IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL R. WANVIG, Deceased ORPHANS' COURT DIVISION NO. AFFIDAVIT 1, Patricia Carey Zucker, Esquire, an adult individual being duly sworn according to law, hereby state and affirm as follows: 1. Paul R. Wanvig signed his Last Will on August 17, 2011; and 2. I witnessed the signing of the Last Will of Paul R. Wanvig on August 17, 2011 and my signatures as a witness on pages 4 and 5 of the Last Will of Paul R. Wanvig are my signatures. cia Carey Zuck , Esqui COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the Qeday of Wonow-V 2015, before me, the undersigned officer, personally appeared Patricia Carey Zucker, Asquire, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she signed same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: y f aZ3/`$ Notary Publi E1'� JURiNq Aft Bo�dug 2B