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HomeMy WebLinkAbout03-18-15 Reset PETITION FOR GRANT OF LETTERS REGiSTER OF WILLS OF Ci1MBERLANo COUNTY,PENNSYLVANIA Peti[ioner(s) named below, who ie/ace 18 years of age or older, apply(ies) For Lettecs as speci6ed below, and in support thereof aver(s)Me following and respectfully request(s)the gtant of Letters in the appropriate fortn: Decedent's Information Neme: KENNE11i H. ERNEST File No: �'���� � � ��� ' a/g/a; (Assigoed by Regis[er) a/k/a: yk/y; Social Security No: Date of Death:OCTOBER 3 2014 Age at dea[h:82 Decedeut was domiciled a[death iu Cumbedand Counry,p „�a�i�ao�_Ism�e1 with his/hec last principal residence a[ 677 Stat R d Le PA 17403 Lemovne Cumbedand me.�.am�..,eo.rom��.sa zip coa. c�ry,rowo.mp o.eo.o�an c000ry Decedent died atM C H Itl�S s 100 W t0 e Str t D II t PA 17313 York PA Srceet vddre�e,Past O111ae�nd Z�p Code CIty,iowoeblp or BomugE Caunty Slate Estimare of value of deceden[s pmperty at death: Ifdo�niuiledinPennsylvonia_ ....... ...... . ...... ...... Allpersonalpmperty $ Ifna(domiciledinPennsYlvania. . . . . ..... . . ..... . ...... PersonalpmperryinPennsylvania 8 ljnotdomicAsdinPennsylvanio. . . ..... . ...... . ..... . PersonalpmpertyinCounty 8 Value ofred esfah in PmnsYlvania .... . .. . . ..... . . . ..... . .... . .... $ TOTAL ESTINATED VALUE. ... $ 0 00 Real estate in Pennsylvania simared ae.677$tat R ad L ti PA 17403 Lemovne PA (AnucNaddltlonalsAeetr.�ne�es,varyJ 4kee[adtlrea;PortOfficemdZipCode City,TowmM1iporBovaugh County ❑ A. Petltion tor Proba[e and Greut of Letters Testamentarv Pebnoneqa)aver(s)he/she:they ie/ore the Enuumr(s)named in the last Will of the Oecedwt dared Ap[il 8,2013 and Codfcl(s) therero dahd Shhreleveot cirvom�hneu(g.renunciauon,dmM l�«�mq Acl ezcep[es follows:aHer�he execunon oftha fnshumem(s)offereA foe pmbateDecedentdfd mtmarty,wes not divomrA,was mtepa�ty m apending divorce proceeding wberew We growds for divorce had been eslablished as defined in 2J Pa.C.S. §}7Z3(g),and did vot have a child bom or adop[ed;and Dereden[was neither N<victim of a killing nor ever adjudicated an incapacitated per.cnn. O NO EXCEPTIONS Q E%CEPTIONS 0 B. PeH[ion for Graut of Letters of AdminiatraHon ([fepplicable) aea.,d.b.n..d b.aam_,penQente lire.drZ�ante absenlim9pianre mipgnm(e It Admiois[ration,ct¢ or db.n.uto., enter date of WiR io SecNon A above and com�ilet8list of h�'rs. - Excep[as follows: Decedent was m�a party m a pending divorcc proceeding wherein�he grounds Por divorcc hed been esteblishcd az�deEved io 23 Pa QS§3323(gJ a�d was�cithev[he victim ofe killing�orevev edjudiaamd an io<epacitared person. � . : .� �. C> Q NOEXCEPTIONS Q EXCEPT[OC1S . Petitioner(s),afle�a propersesrch hes/heveescercaiued[hat�aedwt left no W ill and was survive46y Nefollowivg spo�se(ifen�and hei�vfanach adCitional sheea.q necueary): Name RelaHonehi Addrevs FRANCES M. ERNEST Wife 677 Sfate Aoad,Lemoyne,PA 17403 �� ' Fo.maw-oz .e�. ion�zmt Page L of2 Oath of Personal Representative oR��ai u��ooiy CO�IMONWEALTH OFPENNSYLVANIA f � �/ } 55: COONTY OP�O ✓� � Peti[ioneqs)Pvinted Name Petltioncr(s)Pnnted Address LAIJRA M. KLMEDMST R95 Woodbe Road York PA 17403 The PetiNoneqs)abovo-uamed ewear(s)o�affirtn(s)the starememe iv We foregoing Petition are true and cortec�m thebest of�he knowledge aod belief oP PefiNooer(s)and that,es Pe�soval Repmerntanve(s�of�he Decedw�,the Pe[itiouer(s)will well and huly admivirn�the esle[e acco�ding[o law. Swomtooraffim�edandsubsciedbefore . � ii,i.i� Ji/!�V ��P�,��� � Dam3-/U ��S methis ��o dayof� � d0/5 / �� Da�e Hy �' uate leMIR ReB�sle� Date """6BMMIiFSIEIAI EYf41lF6 FIRST MONDAY IN JANUARY 2016 c� � !�1 `-; 80ND Required: Q VES Q NO To ths RegistnojWi/!r. `- � � FEES: ' — Plense enter my appearance by my sigu�tme below:='�; Letlers . .. . . . . ..... . . . . . . . . . . $ ��'.��L� Attomey 3fgnatu�e: �" � � �. q , • ( l, ) Sho�tCerhFoate(s). . . . . . �� .nj,. y)� � ' ( ) Rcnunciat�an(sl -. . . . . ._ � r i i / �. '�:� T ( ) Codicil(s). . . . . . . � ( )Affidavit(s)_ .. . . . . . . . . ro , :i Bond.. . . . . . . . . . . . . . . . . . . . . . . Priohtl Name: Charles J. Hobbs Esquire � Commission. . . . . . . . . . . . . . . . . . Supreme Court W � Other . . . . . . . . ID Number. 209321 �,N1�� .._ 16 iJZ: T•'1�1}(i\ n l . . . . . -�-�- .� Flrm Name: Hobbs&Hunter,LLC. _��,�� --_ �� Address: 257Fac[MarketSh t . . . . . . 2ndFlnn . . . . . . . . York PA 17403 . . . � . . Phane: 717-7Y3-2398 Automahov Fee. . . . . . . . '� Fax� 717 BBS-0819 1CS Fee t J Email: chnnn�r�nrk aap_ ttyrnry TOTAL . . . . . . . . . . . $ DF,CREE OF THE REGISTER Estate of KENNETH H.ERNEST File No: T�- ��J �L�.��Cf a/k/a: ANDNOW, �"�� ��� ��HL�� , �,�j , iuconsiderntionofiheforegoingPetitioq satisfactory proof having been presented before me, IT IS DECREED that Let[ers /Y)'I.Q/� ltLYc are hereby granted to �it l�:1 l'� r�� �� I �'l �( �����-� in the above estate and(if applicable)[hat the inshument(s)dated � (�4'i '7 .�,/ 3 dese�bed m the Pennon be admltted to pro6ate and 5led of te ocd as the last Will(and Codicil(s))of Decedent. � � �� �� � �' ti� g�sr��ofwiu�a� .- �' ," lLbti�y/Z�"l� ` lk��i�h Fo,m Rw-o� .�. ro�iao�t ,�e 2 of 2 ,� �, : , � � _„ —' � c� � _ i �-, � � , LAST WILL AND TESTAMENT OF KENNETH H.ERNEST [, KENNETH H. ERNEST, now of 677 Statc Street, Lemoyne, Cumbedand County. Pemsylvania, 17043,do publish and declaze this to be my Last Will and Testament,hercby revoking aIl other prior wills and codicils madc by me. FIRST: Fa�w Bacl�round and Appointment of Ezecutor. (A) Family nnd BacicPround Information. I am married ro FRANCES M. ERNEST. Our daughter, CATHERINE M. ERNEST MILLER, has predeceased me. FRANCES M. ERNEST will be ceferred to as "my wife" or "my spouse." (B) A000intment af Ezecutor. I appoint as my Executrix unde�this Will,thc following named person to serve without bond and without being required to account tu any Court: Ezecutria: My granddaughter, LAiJRA M.HI.INEDINST. SECOND: Funeral and Last Illness Ezoenses: Taaes. (A) Eaoenses of Funeral and Last Illness. Notwithstanding that my wife,FRANCES M.ERNEST,survives me,I direet my Execuloc to pay my funeral expenses aud the expenses of my last illness from my estate. (B) Taaes. I direct my Executorto pay any and all estate,inheritance,successioq legacy, transfer and other death taYes or duties,by whatever name catled,including any and all interest and penalties thereon, imposed under the laws of anyjurisdiction by reason of my death, upon or with mspect to any a�d alI property included in my gross estate for the purpose of sueh taxes, whether suchpropertypassesunderoroutsideoflhisWill,outofmyresid�aryestate,withoulbeing rorated .����'�.1 C �N � � LAST WILL AND TESTAMENT OF KENNETH H. ERNEST PAGE2 or apportioned among or charged against the respec[ivc devises,legatees,beneficiaries,transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them. The Executor shall not be entiHed ro reimbursement for any portion of any such tares from any such person. TIIIRD: TanQible Pereonal Prapertv. Except for those items excluded below and those items enamerated in the Lette�of Instruction,I bequeath ro my wife,FRANCES M.ERNEST, all tangible personal property, including but not limiced to clothing jewelry, heidooms, furniture, personal effects, motor vehicles, and all other similax artieles, which [ owq and the ins�rance thereon, if my spouse survives me by sixty(60)days. Tangible pecsonal properry shall not include: (1) any and all property used by me in a�y business, (2) cash on hand oc on deposit in banks, (3) stoek or securities, (4) any type of evidenee of indebcedness, and (5) any life, health or accident insurance policies. If my wife,FRANCES M.ERNEST,does not survive me,I bequeath such tangible persona] property to my granddaughter,LAURA M.HI.INEDINST,per stirpes. If there is any disagreement astodist�ibution,IdirectmyExecutortomakesuchdistributioa ThedecisionofmyExeeutorshal] be final and binding. Any items not seleeted or aoy i[ems which my Exeeumr considers unsuitable fo�my child�en may be distributed or sold i�the sole dise�etion of my F.xecutoc and,if sold. the�et proceeds therefrom shall be added to the residue of my estate. Any s�ch article allocated to a mino� may,as my Executoc deems advisable,either be delivered to the minor or to any person to safeguard on behalf of the minor. Notwithstanding any other provisions io this Article THIRD, i may leave a separate, da[ed and unsig�ed Lettec of Instructioq which I shall place with my Will, containing directions as to[hc ultima[e disposi[ion of ceRain of the property bequeathed under[his Article"CfIIRD,and such Letter of Instruction shall detertnine the distribution of such items. FOURTH: Residuarv Gifts. (A) If my wife,FRANCES M.ERNEST, survives me, [give, devise and bequeath all Ihe rest, residue and remainder of my estate, of every kind and character, real, personal and mixed, tarigible and intangible, and wherever siwated, including any lapsed o�renounced legacies,devises oc residuary bequests(and i�cluding any proper[y over which I may have a Powe�ofAppointment), `�f�- ���✓ -� LAST WILL AND TESTAMENT OF KENNETH H. ERNEST PAGE3 to my wife, FRANCES M. ERNEST. (B) If my wife,FRANCES M.ERNEST,does notsurvive me, 1 give,devisc and bequeath all the rest, residue and remaiude� of my estate, of every kind and cha�acter, real, personal and mixed, tangible and intangible, and whecever situated, including any lapsed o� rcnounced legacies or devises (a�d including any property over which I may have a power of appointment), to my granddaughter. (C) DistribuHons Durin¢ Administration. Prior to final distribution oCmy estate, the Executor, in his discretion, may make partial distributions m one or more beneficiaries oc Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist contemporaneously. A distribution may be made subject to a�y indcbtedness or liabiliry of my estate. FIPTH: Soendthrift Provieion. No beneficiary shall have the power to anticipate, encumbee or transfer his or hec intemst in the estate in any manner other than by the valid exercise of a power of appointmenL No part of the estate shall be liable lor or charged with any debts, cont�acts, liabilities oc tons of a beneficiary or subject to seizu�e or othe�process by any creditor of' a beneficiary. SIXTH: Pawers of Ezecutor. In addition to [he powers and duties as may have been gcanted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exerciseexelusive management and control ofthe Estate and shall be vested with the following speci5c powers and discretion, in addition to the powecs as may be generally co�ferzed fcom time to time upon him by law: (A) [n the ma�agemeo[, cacc a�d disposilion of the Es[ate, the Executor shall have the power to do al] things and to exewte such deeds and instruments as may be deemed necessary or prope�, including the following powers,all of which may be exercised without order of or report to any Court: (1) To sell,exchange or otherwise dispose of any proper[y, real, personal or mixed, a[any time held oc acquired here�nder,a[public or private sale,for cash or on terms,without advertisement, induding the right to lease for any term notwithstanding the period of thc %�."ity C L- "-�'�v ;, � LAST WILL AND TESTAMENT OF KENNETH H. ERNEST PAGE 4 Estate, and to gcant optio�s, including any option for a period beyond the duration of the Estate. (2) "fo invest all monies in such stocks,bonds, sccurities, mortgages, notes, choses i� action, real estate or improveme�ts thereon,and any o[her property as the Executor may deem best, without regard to any law now or hereafter enforced limiting imcstments of fiduciaries. (3) To retain for i�vestment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporatc stock or other security and to agree to o�take any other aetion in regard to a�y ceorganization,merger,consolidatioq liquidation, bankruptcy or other procedute or proeeedings affeeting any stock, bond, note o� other security. (5) To use attorneys, real estate brokers, accountants a�d other agents, if such cmployment is deemed necessary or desirable,and to pay reasonable compensation For their services. (6) To compromise,settle or adjust any claim or demand by or agai�st the Estate and m agree to any cescission or modifieation of any contract or agreement alPeeting the Estate. ('n To renew any indebtedness,as well as to borrow money,and to secure the same by mortgaging, pledging or conveying any property of the Esta[c, including the power to borrow at a reasonable rate of interes[. (8) To retaio and cazry on any business in which the Escate may acquiro an interest, to acquice additional interest in any sueh business,to ag�ee to the liquidation in kind of any corpo�ation in which the Estate may have a�intecest and to carry on the business thereof, m join with other owners in adopting any form of management for any business or property in which the Estate may have an inteeest,to become or remain a partne�,general o�limiled, in cegard to any such business o� property and to hold the stoek or other seeurities us an investment, and to employ agents and confer on Ihem authocity to manage and operate the business,property or corporation,without liability foc the aets of such ageut o�for any loss, � � f ���� ���1 LAST WILL AND TESTAMENT OF KENNETH H. ERNEST PAGES liabiliry or indebtedness of such business if the management is sciccted or retained with reasonable care. (9) "�o�egister any stock, bond or other security in the name of a nominee, without the additio�of words indicating that such security is held in a fiduciary capacity,but accurate records shall be maintained showing that such seco�ity is a Pstate asset and the Exccoror shal] be responsible for the acts of such nominee. (B) Whenever the Executor is dicected to distribute any Eslate assets in fee simple to a person who is then under twenty-one(2t)years ofage,the Execumr shall bc authorized to hold such pmperty in Trust for such pecson until he/she becomes twenry-one (21) years of age, and in the meantime shall use such part ofthe income and the prineipal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming hvenry-one (2l) years of age, the property then remaining in tmst shall be distributed to the pe�sonal representative of such person's estate. (C) In makiug distribations from the Estate lo o� fo� the benefit of any minor or other pexson under a legal disability,the Executoc need not require the appoiniment of a guardian,but shall be authorized to pay or deliver the same to the custodian of such persoq to pay or delive�the same to such person without the intervention ofa guazdiaq ro pay or deliver the same to a legal gua�dian of such person if one has already been appointed, or[o use the same for the benetit of such person. (D) In the disbucsement of the F,state and any division ioto separace trusts or shares,the Executor shall be autho�ized to make the distribution and division in money or in kind, or both, regacdless of[he basis foc income tax purposes- oCany property distributed or divided in kind, and the distribution and division made and the values established by the Execuloc shall be binding and conclusive on all perso�s taking hereunder. The Exeeuto� may in making sueh distribution or divis-ion allot undivided interests in the same property to several trusts or shares. (E) The Executo�shall have discretion to determine whether items should be ehacged or credited to i�come or principal or alloeated between ineome and prineipal as the Execuror may deem equitable and faic u�der aIl circumstanees, includi�g the power to amortize or fail to umortize any part or all of a�y prcmium o�discount,to treat any part or all of the profit cesulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or %C '/�'� � G '�' . � LAST WILL AND TESTAMENT OF KENNETH H.ERNEST PAGE6 apportion the same between income and principal,to apporiion the sales price of any asset between income and principal, to treat any divide�d or other distribution of any imestment as income or principal, o� apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and �o provide or fail to provide a reasonable reserve against depcecia[ion or obsolescence on a�y assets subject to depreciation or obsoleseence,all as the Executor may reasonably deem equitable a�d just under all the circumstances. (F� If at any time the mtal fair market value of the assets of a�y tmst established or to be established heceunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less than the minimum annual fee set forth in the Trustee's regularly published fee schedule theq in effect, the Trusteo in its discretion shall be authorized to terminate such tmst or to decide no[to establish such trust,and in sueh event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled m the incomc of such wst If Ihe amount of income to be reeeived by such persons is to be determined in the discretion of the Trustee, then the Tmstee shall distributc the properry among sueh of the persons m whom the Tmstee is autho�ized to distribute income, and in such proportions, as the Tmstee in its disecetion shall determine. (G) Onless the context cleazly states otherwise,when the authoriry and power under this W ill is vested in nvo (2) or mo�e Executors, the authority and powers aze ro be held joi�tly by the Execoro�s. AmajoriryoftheExecutorsmayexeroiseanyauthorityorpowergrantedunderthisWill or granted by law, and may act under this W'ill. Any attempt by one such Executor to act under this Will on othec than ministerial acts shall be void. The action of one such Executor unde� this Will may be validated by a subsequent ratification of the act by a majority oCthe Executors. SEVENTfi: Riehta and Liabilitiea of Ezecutor. No bond or other security shall be required of any Hsewtoc This instrument always shall be construed in favor of the validiTy of any act or omission by any Execumr,and any Exeeutor shall not be liable for any act or omission exeept in the case of gross negligenee, bad faith or fraud. Specifically, in assessing the prop�iety of any investment of the estate, the overall pe�formance of thc cntire estate shall be taken into account. Each Lxecutor sha�l be entitled ro receive reasonable compeosation for services actually rendered to my estate, in an amoant the Executor normalty and customarily charges for pe�forming similar services during the time which he/she performs the services. lc -�1 ! G� / CJ� �f LAST WILL AND TESTANIENT OF KENNETH H.ERNEST PAGE 7 EIGHTH: Taz ElecHans. In determining the estate, inheritance and incomc tax liability �elating to my Estate,the Executor's decision as ro all available tax elections shall be conclusive on all concemed. If the Execumr joins with my spouse i� filiog income taY �etums,or consenting for gift ta�c purposes to having gifts made by either of us during my life considered as having been made one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and without �egard to whether a Federal estate tax remm is actually fited, my Executor shall alloca[e so much of the Cederal Generation Skipping Transfer(GST)exemption amount as will fully exempt any generation skipping tra�sfer which may occur under this Will. NINTH: Definitions and General Provisions. (A) Survival. Any beneficiary, including my spouse, who dies within sixry (60) days afier my dcath shall be considered not to have suevived me. (B) Trast Eatate. "Trust Estate" means all assets, however and wherever acquired, including income, which may belong to a Trust at any given time. (C) Children. Execpt for discretionary distributions which may be made u�equally among a group of persons and distributions pursuant to a valid exercise of a Power of Appointment, in making a distribution to the children of any person,the property to be distributed shall be divided into as many shares as thece are living child�en of the person and deceased children of the person who left children who are themliving. Gach living child shall take one share and the share oCeach deceased child shall be divided among his then-living desecndants in the same manner. A posthumous child shall bo considered as living at the death of his paze�t. (D) Code. Unless othecwise stated, all reCerenees in my Will to section and chapter numbers are to those of[he Internal Rcvenue Code of 198C, as amended, or the cortesponding p�ovisions of any subsequent federal ta�c laws applicable to my estate. (E) Ot6erterma. Theuseofanygenderincludestheothergende�s,andtheuseofeithcr the singular or the plucal ineludes the othec. (F� Captions. The captions set forth in this Will a[[he beginning of Ihe vazious divisions .� �>e e_ L�`" ��. / Y� LAST WILL AND TESTAMENT OF KENNETH H. ERNEST PAGES hereof are fo�convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (G) Powera of Apoointment are Ezercised. By this Will I exercise any Power of Appuintment which I may possess at my death. IN WITNESS WHEREOF,I,KENNETH H.ERNEST�Ihe Testator,have to this my Last Will and Testament, typewritte�n oine (9) pages, including the Acknowledgment and Affidavit, set my hand and seal this .�' day of April, 2013. .�`�-`. '�"� ��°. ���- KENNETH H. ERNEST Signed, sealed, published and declazed by the abovonamed Testator, as and fo� his Last Will and Testament, in the presence of us, who have herewto subscribed our names at his request, as witnesses heretq in thc presence of the said Testator,and in the presence of caeh other. Each of us further declazes tha[he or she believes the Testatorto be of sound mind and memory. Thc preceding instrument consists of this and eight(8)other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. .�/ ��� - residing at / r�7vr p %�,� � .�i� , L/'��-�T ;� ;,r �>,-� (prs�t name> � (i(,�C (� � - {����C�"� residing at � C�J7�7c0 � �/ / J�.v,'�z Cl - f��c K��- (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND . The Testator and [he witnesses whose names are signed and subscribed to the attached or foregoing instrument,being first duly swom and qualified according ro law,do hereby acknowledge, depose and say to the unde�signed autho�ity, that the Testaror signed and execuced the instrument as his Last Will in the peesence of the wimesses; that he sig�ed it willingly or willingly directed another ro sign it for him; that he executed it as his free and volu�tary act for the purposes thcrein expressed; that each of the witnesses were present and saw the Testator sign and execute the instmment as his Last Will; that each subsc�ibing witness in the hearing and sigh[ of the Testamr sigued the will as witnesses; and that to the best of their knowledge the Testator was at that time eighteen years of age ox older, of sound mind and under no constraint o�undue influence. .�r-,`/f' �. .�-�...,, Testator �<� �� ��`_.. � 4✓imess 7 C�',4(,�- �� - (/1'CDC-�wL Witness Swom to or affianed subscribcd to, and acknowledged, before me by the abovc-named Testator and witnesses, this�-�day of April,2�i � ` -��� COMMONWEALTHOFPENNSYLVANIA Not ryPubliC fO°^'��a' � Commission Expires: j Ten L Walker,Notary PoOlic L, , smWneBwv,CumberlanEfnuiM1y '�`MyCanmLCYm6 Yeslan.20,7A35 xlMP'P I+'NN5Y1VMi�A0.5�ATI0NOFNQf�R1E5