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HomeMy WebLinkAbout04-27-05 Estate of Robert L. Deardorf, Deceased Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS No. d/ - OS- ().391 Social Security No. 207-07-6137 Petitioner(s), who is/are 18 years of age or older apply(ies) for: COMPLETE "A" OR "B" BELOW:) cgJ A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated November 5, 2001 and codicils dated NONE State relevant circumstances, e.g., renunciation, death of executor, etc. No Changes Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: No exceptions o B. Grant of Letters of Administration (c.!.a., d.b.n.c.!.a.: pendente lite; durante absentia; durante minoritate) Petitioners after a proper search have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I .. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 812 Market Street, Lemoyne Borough, Pennsylvania 17043 (list street, number and municipality) Decedent, then 90 years of age, died April 18, 2005, at Manor Care Nursing Home, 1700 Market Street, Camp Hill, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property .................................................................. $ (If not domiciled in PAl Personal property in Pennsylvania ............................................ $ (If not domiciled in PAl Personal property in County ...................................................... $ Value of real estate in Pennsylvania ................................................................................................... $ Total..................................................................................................................................... $ Real Estate situated as follows: 812 Market Street. Lemovne Borouah, Pennsvlvania 17043 415,000.00 65,000.00 480 000 00 Wherefore, Petitioners respectfully request the probate of the last Will and Codicils presented with this Petition and the rant of letters in the a ro riate form to the undersi ned: Signature Typed or printed name and residence Donald R. Shover, Jr., 1063 Pebble Court, Me icsburg, PA 17050 Darrell Williams, 10 Claystone Road,York, PA17404 r l Form RW-1 Page 1 of 2 (Dauphin County _ Rev. 9/92) Commonwealth of Pennsylvania County of Oath of Personal Representative The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the bes.t of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. .~ du-nU4' ~. ~~, r),. Donald R. Shover, Jr. ""~ "1.. );:s-co....x-...Ri l ':>~ Darrell Williams Sworn to and affirmed and subscribed . S~" before me this l day of ~'<."\L ,20~ <::.~~~~~\ ~,,,,"",,..., ~~ , ~ "", <.;)"-~ Estate of Robert L. Deardorf, Deceased also known as Social Security No.: 207-07-6137 DECREE OF REGISTER No. Date of Death April 18, 2005 AND NOW, April , 2005, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters IZJ Testamentary 0 of Administration (c.ta.; d.b.n.c.t.; pendente lite; durante absentia; durante minoritate) are hereby granted to Donald R. Shover, Jr. and Darrell Williams in the above estate and that the instrument, if any, dated \~~\j. 'S e,}.~~" described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................. Short Certificate(s) ...~......... Renunciation ........................ Affidavit ( )......................... Extra Pages ( ) .................. Codioil...~~~\...................... JCP Fee ............................... Inventory & Tax Forms ........ Other ..~~.':<:\~9~.\" L....... TOTAL.................... $ $ $ $ $ $ $ $ $ $ i..\\~ i..1..l ~ \S '\~ Attorney: I.D. No.: Carl G. Wass, Esquire 07268 3631 North Front Street Harrisburg, PA 17110 717-232-7661 s \.\ 10 I.l, S:~ Address: Telephone: DATE FILED: L/2..\\~<"'5.> ~\'4--~ \) ~.\' . s. \'n~\\el .\0 ~'SS ~' 4}J.7/0'5' O~ ,t~Af) Form RW~1 Page 2 of 2 (Dauphin County - Rev. 9/92) ~ ~ c: tJ .._' CALDWELL & KEARNS A PROFESSIONAL CORPORATION ..JAMES R. CLIPPINGER CHARLES J. DE:HART, III JAMES D. CAMPBELL. JR. ..JAMES L. GOLDSMITH P. DANIEL ALTLAND JEFFREY T. McGUIRE- STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI DOUGLAS L. CASSEL ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS CARL G. WASS 3631 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17110-1533 THOMAS D. CALDWELL. ..JR. (1928- 20011 .ALSO A MEMBER OF NJ BAR April 25, 2005 717-232-7661 FAX: 717-232-2766 thefirm@caldwellkearns.com Cumberland County Attn: Roger Kelly I Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: ROBERT L. DEARDORF ESTATE Dear Mr. Kelly: I was in your office Monday morning, together with Donald R. Shover, Jr. and Darrell Williams, filing a Petition for Grant of Letters Testamentary in the above estate. Herewith is a check in the sum of $464.00, representing payment of the filing fee and associated costs for the issuance of those letters. We thank you for the kind cooperation you displayed at the time we met. Very truly yours, ~ Carl G. Wass CALDWELL & KEARNS CGW:ls Enclosure 87220 ,',I \",:"J 1 WILL OF ROBERT L. DEARDORF I, ROBERT L. DEARDORF, of the Borough of Lemoyne, Cumberland County, Pennsylvania, declare this to be my Will and revol~e all prior Wills and Codicils. FIRST: Tangible Personal Property. '-' I direct that my Executor shall, as promptly as possible after my death, arrange with a reputable auctioneer of his choice for the public sale of all tangible personal property owned by me at my death subject to the limitation that such sale shall not be conducted from my final place of residence or from any real property I may own at the time of my death, but instead it shall be conducted from the auction house of the auctioneer or such other similar location as may be determined by my Executor. The net proceeds from such sale and the insurance proceeds, if any, on such property shall be divided among the following persons in the following manner: '::::, \ ~ \ (a) Three percent to my nephew, MALCOLM G. WAKEFIELD, JR., and his wife, LUCILLE WAKEFIELD (or the survivor of them), of Hummelstown, Pennsylvania. (b) Three percent to my nephew, GEORGE R. SEVERINE, of Baltimore, Maryland. (c) Three percent to my nephew, DAVID N. SEVERINE, of Drexel Hill, Pennsylvania. (d) Three percent to my niece, PATRICIA McCONEGLY, and her husband, JOHN McCONEGLY, (or the survivor of them), of McMurray, Pennsylvania. (e) Three percent to my niece, LUCINDA WAKEFIELD, ofCamp,]--l\ll, Pennsylvania. c _..~ ~. ,-, F,IL WORK\WILLSIG 102201 G.WPD -- ~ v ( <: ~ l "'" ~ (f) Fifteen percent to my friend, DARRELL WILLIAMS, and his wife, LINDA WILLIAMS (or the survivor of them), of York, Pennsylvania. (g) Twenty-two percent to my friend, REV. RICHARD FEESER, and his wife, RUTH FEESER (or the survivor of them) of Penbrook, Pennsylvania. (h) Twenty percent to my church, CALVARY UNITED METHODIST CHURCH, 7th and Market Streets, Lemoyne, Pennsylvania, or its duly constituted successor, if any. (i) Eight percent to the ZEMBO TEMPLE, 2801 North Third Street, Harrisburg, Pennsylvania, for the specific benefit of any children's hospital or burn center regularly supported by the charitable efforts of the said ZEMBO TEMPLE. (j) Eight percent to the MASONIC HOMES, ElizabethtoWll, Pennsylvania. (k) Two percent to the PENNSYLVANIA CAPITAL REGION CHAPTER OF THE AMERICAN RED CROSS, 1804 North Sixth Street, Harrisburg, Pennsylvania. (1) Two percent to the SALVATION ARMY, INC. (m) Two percent to the AMERICAN HEART ASSOCIATION, PA AFFILIATE, CAPITAL REGION DIVISION, Worrnleysburg, Pennsylvania. (n) Two percent to the PENNSYLVANIA ASSOCIATION FOR THE BLIND, 2843 North Front Street, Harrisburg, Pennsylvania. (0) Two percent to BETHESDA MISSION, 611 Reily Street, Harrisburg, Pennsylvania. F,\LWORK\WILLS\G 10220 1G.WPD - 2 - "- \) \ \ '.J) ~ (p) Two percent to the AMERICAN CANCER SOCIETY, CUMBERLAND COUNTY UNIT, 117 North Hanover Street, Carlisle, Pennsylvania. Should any of the individual beneficiaries named in this Paragraph FIRST faJ to survive my death by thirty days, the gift to such beneficiary shall lapse, and such lapsed gift shall be divided pro rata among the remaining beneficiaries. Should both of any of the paired beneficiaries named in this Paragraph FIRST faJ to survive my death by thirty days, the gift to such pair shall lapse, and such lapsed gift shall be divided pro rata among the remaining beneficiaries. SECOND: Specific Gift of Real Estate. I give my real estate known and numbered as 812 Market Street, Lemoyne, Cumberland County, Pennsylvania, to my friend, REV. RICHARD FEESER, and his wife, RUTH FEESER (or the survivor of them) of Newport, Pennsylvania, provided they or either of them survive my death by thirty days, and in default thereof, this gift shall lapse and pass instead as a part of the residue of my estate. It is my specific direction that all costs and expenses associated with the gift of this real estate to Rev. Feeser and/or his wife shall be paid by my estate as a cost or expense of administration and that it shall not be necessary for Rev. Feeser and/or his wife to incur any cost or expense to receive this gift. THIRD: Residue. I give the residue of my estate to be divided among the following persons in the following manner: (a) Three percent to my nephew, MALCOLM G. WAKEFIELD, JR., and his wife, LUCILLE WAKEFIELD (or the survivor of them). F ,\L WORK\WILL8\G 10220 1 G. WPD - 3 - "- \J \ ~ I ~ (b) Three percent to my nephew, GEORGE R. SEVERINE. (c) Three percent to my nephew, DAVID N. SEVERINE. (d) Three percent to my niece, PATRICIA McCONEGLY, and her husband, JOHN McCONEGLY, (or the survivor of them). (e) Three percent to my niece, LUCINDA WAKEFIELD. (f) Fifteen percent to my friend, DARRELL WILLIAMS, and his wife, LINDA WILLIAMS (or the survivor of them). (g) Twenty-two percent to my friend, REV. RICHARD FEESER, and his wife, RUTH FEESER (or the survivor of them). (h) Twenty percent to my church, CALVARY UNITED METHODIST CHURCH, 7th and Market Streets, Lemoyne, Pennsylvania, or its duly constituted (i) Eight percent to the ZEMBO TEMPLE, 2801 North Third Street, Harrisburg, Pennsylvania, for the specific benefit of any children's hospital or bum center regularly supported by the charitable efforts of the said ZEMBO TEMPLE. (j) Eight percent to the MASONIC HOMES, Elizabethtown, Pennsylvania. (k) Two percent to the PENNSYLVANIA CAPITAL REGION CHAPTER OF THE AMERICAN RED CROSS, 1804 North Sixth Street, Harrisburg, Pennsylvania. (1) Two percent to the SALVATION ARMY, INC. F ,IL WORKlWILLSIG 10220 IG.WPD - 4 - '- ~ \ ( '~ , '" (m) Two percent to the AMERICAN HEART ASSOCIATION, PA AFFILIATE, CAPITAL REGION DIVISION, Wormleysburg, Pennsylvania. (n) Two percent to the PENNSYLVANIA ASSOCIATION FOR THE BLIND, 2843 North Front Street, Harrisburg, Pennsylvania. (0) Two percent to BETHESDA MISSION, 611 Reily Street, Harrisburg, Pennsylvania. (p) Two percent to the AMERICAN CANCER SOCIETY, CUMBERLAND COUNTY UNIT, 117 North Hanover Street, Carlisle, Pennsylvania. should any of the individual beneficiaries named in this Paragraph THIRD fail to survive my death by thirty days, the gift to such beneficiary shall lapse, and such lapsed gift shall be divided pro rata among the remaining beneficiaries. Should both of any of the paired beneficiaries named in this Paragraph THIRD fail to survive my death by thirty days, the gift to such pair shall lapse, and such lapsed gift shall be divided pro rata among the remaining beneficiaries. FOURTH: Spendthrift Provision. Until distributed, no gift or beneficial interest shall be subject to anticipation or to voluntary or involuntary alienation. FOURTH: Death Taxes. (a) All death taxes (and interest and penalties thereon) imposed upon any property whether or not passing under my will and upon proceeds of insurance on my life shall be paid out of my residuary estate. P,\L WORKlWILLS\G 10220 1 G.WPD - 5 - " '- v ( \ ( "'-.. '" FIFTH: ..Administrative Powers. My Executor shall have the following powers in addition to those conferred by law until all properly is distributed: (a) To retain any real or personal properly in the form received and to sell it at public or private sale. (b) To manage real estate. (c) To purchase all forms of properly without being confined to so-called legal investments and without regard for the principle of diversification. (d) To exercise any option or rights arising from ownership of investments. (e) To compromise claims without order of court or consent of any legatee. (f) To distribute in cash or in kind. (g) To employ accountants, agents, investment counsel, brokers, bank or trust company to perform services for and at the expense of my estate and to carry or register investments in the name of the nominee of such agent, broker, bank or trust company. The expenses and charges for such services shall be charged against principal or income or partly against each as my Executor may determine. My Executor is expressly relieved of any liability or responsibJity whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, investment counsel, brokers, bank or trust company, so long as my Executor exercises due care in their selection. The fact that an Executor may be a member, shareholder or employee of any accounting, investment or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect F,\LWORK\WILLS\G 10220 I G.WPD - 6 - in any manner the amount of or the right of my Executor to receive commissions as a fiduciary. , ~ (h) With respect to the interest vesting in a benefiCiary who, in the opinion of my Executor, is incapacitated by reason of age (other than minority) or illness (mental or physical) when such interest vests in him or her: to hold the interest during his or her incapacity and to invest the interest and all accumulations thereon; to apply so much of the income and principal as my Executor deems advisable for such beneficiary's benefit for any reason without considering other funds available to him or her; and to deliver the balance of principal and income to the beneficiary at such time as he or he gains capacity. In addition, my Executor shall have the right at any time to pay the entire interest to the guardian of the estate of the incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian or such other person as may be selected by my Executor to receive a distribution under this subparagraph shall be a full and complete discharge to my Executor. '0 "-- SIXTH: Definitions. (a) The word "Executor" when used herein shall include all genders and the singular and plural as the context may require. "Executor" shall also include the term "Co- executor. " (b) Paragraph headings in this will are for reference only and shall not affect the meaning, construction or effect of this Will. SEVENTH: Power of Appointment. I decline to exercise any power of appointment given to me under any Will, Codicil or Deed of Trust. F,\L WORK\WILLS\G 10220 IG.WPD - 7 - EIGHTH: Executor. I appoint DONALD R. SHOVER, JR., of Mechanicsburg, Pennsylvania, and DARRELL WILLIAMS, Co-executors. If either of them fails to qualify or ceases to act for any reason, I direct that the survivor alone shall serve as Executor. My Executor shall not be required to post security in any jurisdiction. ~N WITNESS WHEREOF, I have hereunto set my hand this .5~ day of ~ .~, 2001. /~1. ROBERT 1. DEARDORF The preceding instrument, consisting of this and seven other typewritten pages, each identified by the signature of the testator, was on the date thereof signed, published, and declared by ROBERT 1. DEARDORF, the testator therein named, as and for his last will, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. ';;~GHN' III ~~dd~~ /' DIANE B. JENKINS F ,\L WORK\WILLS\G 10220 1 G.WPD - 8 - COMMONWEALTH OF PENNSYLVANIA ) ( SS.: ) COUNTY OF CUMBERLAND I, ROBERT 1. DEARDORF, being the testator whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the foregoing instrument as my last will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by the testator named abov - fj f Jz ~. . 200 NOT A RIAL SEAL 2-. ay 0 cr1/'e .ce1.., . Frances T. Vaughn, Notary Public -d HllIlpden Two., Cumberland County . / /A.41.. u4 J V~~ My Comml8l!on Explre~ Sept 15,2003 Notary Public COMMONWEALTH OF PENNSYLVANIA ) ( SS.: ) COUNTY OF CUMBERLAND WE, GEORGE A. VAUGHN, III, and DIANE B. JENKINS, the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his last will; that he signed it willingly; that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as witnesses; and that to the best of our knowledge, the testator was at the time eighteen or more years o.~r.age ~ ,aund mind, and und" no constraint or undue influence. _dJ~ EOR~UGHN, III &ku ~ d~K~ DIANE B. JENkINS Sworn or affirmed tO~lmd acknowledged before me this..5 'J~y of /( Iru-e.-JYi.-l"," 1 , 2001. 'J -haA-ieR4, 1 ~~~:L~ Notary public NOTARIAL SEAL Francss T. Vaughn, Notlry Public Hampdan Twp., Cumberland County My Commission Expires Sspt. 15,2003 P,\L WORK\WILLS\O 1022010. WPD