HomeMy WebLinkAbout03-25-15 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 n
Name: CLAIR E. GOCHENAUER File No: 21 — �5 - 2-I
a/k/a: CLAIR EUGENE GOCHENAUER (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: FEBRUARY 27, 2015 Age at death: 62
Decedent was domiciled at death in CUMBERLAND County, PA (State)with his/her last
principal residence at
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 212 MCALLISTER CH RD, CARLISLE, PA W. PENNSBORO CUMBERLAND PA
Street address,Post Office and Zip Code 17015 City,Township or Borough County State
Estimate of value of decedents property at death:
If domiciled in Pennsylvania............................ All personal property $ 75000.00
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania......................................................... $ 100000.00
TOTAL ESTIMATED VALUE. ... $ 175,000.00
Real estate in Pennsylvania situated at: 212 MCALLISTER CH RD, CARLISLE, PA 1 W. PENNSBORO CUMBERLAbI
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code 17015 City,Township or Borough County
0 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 02/19/2014 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 [Z]EXCEPTIONS TAMMY JEAN DORSEY CORRECT NAME NOT TAMMY JEAN DORSET
❑ B. Petition for Grant of Letters of Administration (if applicable)
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 diy5ce had been esiiablished a4efined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.:= `� r-1 c
C7)
❑NO EXCEPTIONS ❑EXCEPTIONS X` i
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survivedby the followinig5pouse(ifpuy)and lieirs(attach
additional sheets,if necessary): _ ..
q
Name Relationship Address
Form RW-02 rev.10/11/2011 Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
TAMMY JEAN DORSEY: 212 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015
The Petitioner(s)above-Hamed swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioners)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn_ to or affirmed and subscribed before Q Q&Dnn':j.4_ Date 3
" "
Me t day of_ —�. Date
By; Date
For the Register { Date
o.
BOND Required:❑YES D-NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
Letters. . . . . . . . . . . . . . . :. . . . . . $ 210 Attorney Signature:
( 1�• )Short Certificate(s).. . . . . LQ
( )Renunciation(s).. . . . . . ..
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . .. . . . .. .. . . . . . . . . . . . . Printed Name: WILLIAM A. DUNCAN
Commission. . . . .. . . . . . ... . . . . . Supreme Court
Other . . . . . . . . 1D Number: 22080
W1 t( . :. . . . . .
1 . .`. . . .. . 'S Firm Name: DUNCAN & HARTMAN PC .�
( (_Al2)0k'� . . . .. . 1 Address: 1 IRVINE ROW ,.,
f-
. . . . . .. . CARLISLE, PA 17013 ti_
= C-)
—1
Phone: 717-249-7780 -- r-�
Automation Fee. .. . . . . . ... . . . . . Fax: 717-249-7800 i J
JCS Fee. . . .. . . . . . . . . . .i. . . . . . Email: bill(C_duncanhartmanlaw.comr y
TOTAL. . . .. . . . . . . . . . :. . . . . . $ ' i
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r-i
DECREE OF THE REGISTER cr> c�
Estate of CLAIR E. GOCHENAUER File No:
a/k/a: CLAIR EUGENE GOCHEN,A^UER
AND NOW, --� ,cr \Q ,-;1 in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED�tters TESTAMENTARY
are hereby granted to TAMMY JEAN DORSEY A/K/A TAMMY JEAN DORSET
in the above estate and(if applicable)that
the instrument(s) dated FEBRUARY 27, 2014
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent.
f Register of Wills
Form RW-02 rev. 10/11/2011 r (�Page 2 of 2
LAST WILL AND TESTAMENT
OF
CLAIR E.GOCHENAUER
I, Clair E. Gochenauer,a resident of Carlisle,Pennsylvania declare thi§to be my
Last Will and revoke all former Wills and Codicils.
7
ARTICLE I
Identification of Family -"
At the present time I am unmarried and have no children. In making'tliis'Mil,} T i
do not have in mind to provide for any children hereafter horn to or adopted,by'.me. F----
ARTICLE H
Disposition of Remains
I direct that my remains be cremated. My ashes are buried trundle springs
cemetary. I authorize my Executor to carry out these directions and Wishes,particularly
those for the disposition of my remains.
ARTICLE III,
Appointment of Fiduciaries
A. Appointment of Personal Representative. I appoint my friend,Tammy
Jean Dorset, as Executor of my estate.
B. Bondi; Court Supervision. My Executor shall have the right to serve
without bond and to administer and settle my estate Without the intervention or
supervision of any court,except to the extent required by law. Nothing herein shall
prevent my Executor from seeking the assistance of the court in any situation Where my
Executor deems it appropriate.
ARTICLE IV
Disposition of Residue
I. Provision for Others. I give all of the rest and residue of my
estate,wherever located(hereafter referred to.in this Article as "residue"),to my friend,
Tammy Jean Horsey. If I am not survived by any party named in this provision,I give
the entire residue to my heirs.
Will of Clair E.Gochenauer Page I of 5 Initials:%,, �5) . Date: 9-lmb7
ARTICLE V
Alternative Methods of Distribution
.A. Purpose of Article. Recognizing that under certain circumstances the
terms of this Will may direct that property be distributed outright to a person.who is
under age twenty-one (21.) or under a legal disability;I make the following provisions to
facilitate the distribution of property to such persons.
D. Alternative Methods. Whenever the terms of this Will direct my
personal representative (referred to in this Article as the "fiduciary")to distribute
property outright to a person who is then under age twenty-one(21) or under a legal
disability,the f duciary may retain pursuant.to Paragraph C.of this Article or distribute
all or any portion of that property in any one or more of the following ways:
1. Delivery directly to the beneficiary;
2. Delivery to the parent or stepparent of the beneficiary;
3. Delivery to the guardian of the beneficiary's person or property;
4. Delivery to any'Custodian for the beneficiary under the Uniform.
Gifts to Minors Act;
5. Delivery to any then existing trust created for the beneficiary;
6. Deposit in a financial institution in an account established in the
name of the beneficiary alone pursuant to the laws of the State of
Pennsylvania;
7. Storage of any tangible personal property in safekeeping with the
costs of storage to be borne by the beneficiary;or
S. Sale of any tangible personal property and delivery of the proceeds
in any manner permitted by this Article.
Provided the fiduciary acts in good faith,upon delivery of any property in
accordance with the provisions of this Article, the fiduciary shall be discharged from all
responsibilities in connection with the property.
C. Discretionary Trust. Any property not distributed as provided in
Paragraph B.of this Article shall be retained by the fiduciary in trust for the beneficiary
on the following terms and conditions: During any period.in which the beneficiary is
under a legal disability or under twenty-one (2.1)years of age,the fiduciary shall pay to
or apply for the benefit of the beneficiary so much of the income and principal of the trust
as the fiduciary, in its sole and absolute discretion,determines is advisable for the
beneficiary's health, support,education and general welfare. At such time as the
Will of Clair E.Gochenauer Page 2 of 5 Initials:L(,p Date: 2 9
beneficiary is neither under a legal disability not under age twenty-one(21),the fiduciary
shall distribute any remaining trust assets to the beneficiary- If the beneficiary dies
before all of the trust assets have been distributed,the fiduciary shall distribute any
remaining trust assets to the beneficiary's estate.
ARTICLE VI
Administrative Provisions
A. Powers and Duties of Personal Representative. My personal
representative shall have all of the powers and duties granted to or imposed upon
personal representatives serving with non-intervention powers pursuant to the.laws of the
State of Pennsylvania.
B. Debts and Expenses. All expenses of administration chargeable to
principal,the expenses of the disposition of my remains, and all my legitimate debts,if
and when paid, shall be paid from the principal of my residuary estate. No debt need be
paid prior to its.maturity in due course and except as otherwise provided in this Will no
interest in any property passing under this Will need be exonerated.
C. Taxes. All estate, inheritance or other similar death taxes,together with
any interest or penalties thereon,arising by reason of my death with respect to any
property includable i.n:my taxable estate,and any adjusted taxable gifts,whether passing
under or outside of this Will,shall be paid from the principal of my:residuary estate
without reimbursement from the recipients or beneficiaries of such property,provided,
however,that in the event any proceeds of insurance upon my life or any property over.
which I held a power of appointment are included in my estate for purposes of
determining the federal estate tax liability of my estate,then the residue of my estate shall
be entitled to receive from the recipients of any such proceeds or property the portion.of
such federal estate tax liability attributable to such proceeds or property determined in.
accordance with I.RC §§ 2206 and 2207.
ARTICLE VII
Miscellaneous
A. Number and Gender. Unless the context indicates a contrary intent,the
plural and singular forms of words shall each include the other,and everynoun and
pronoun shall have a meaning that includes the masculine,feminine and neuter genders.
R. Survival. To"survive" me,as that term is used in this Will,a person must
continue to live for thirty(30)days after my death.
C. Descendants. The "descendants" of an individual include only the
following:
Will of Clair E.Gochenauer Page 3 of 5 Initials: ` �j Date: a `)
1. All such individual's biological descendants,except any person not
born in lawful wedlock and his descendants,unless the biological
parent who would otherwise cause him or her to be a descendant
has acknowledged paternity or maternity in legitimation
proceedings, or in an unambiguous signed writing identifying such
person by name, or by raising such person in the same household;
and
2. Persons adopted by such individual or one of his or her
descendants, and their descendants.
If the parent,who would cause a person to be a descendant as defined above,is replaced
in an.adoption proceeding, such person.shall remain a descendant unless such parent
voluntarily consents to the relinquishment of his or her status as parent in connection with
such adoption proceedings.
D. Heirs. The term "heirs"shall mean those persons entitled to inherit under
the then-applicable laws of the State of Pennsylvania governing the descent of an
intestate's separate estate. They shall inherit in their statutory proportions.
E. Exclusion of Pretermitted Heirs. Other than as set forth in this Will, I
make no provision for any child of mine or descendant of a deceased child of mine. I
specifically make no provision for any person (whether now living or hereafter born),
other than a child named or referred to in Article I or a descendant of.mine as defined in
this Will,who may be entitled to claim an interest in my estate under the laws of the State
of Pennsylvania.
F. Legal Disability. A person is under a legal disability if my personal
representative determines, in good faith,that the person is incapable of managing his
property or of caring for himself, or both,or is in need of protection or assistance by
reason of physical injury or illness,mental illness,developmental disability,senility,
alcoholism, excessive use of drugs, or other physical or mental.incapacity.
G. Title to Real Property. Upon my death,title to any real property passing
under this Will shall vest in my personal representative in his fiduciary capacity and shall
remain so vested until my personal representative distributes or sells that property,at
which time title shall vest in the distributee or purchaser.
H. Disclaimer. Except as may be otherwise specifically provided in this
Will, in the event that.any beneficiary disclaims an interest arising out of this Will or any
trust created herein it is my intention that the interest disclaimed shall be distributed in
the same manner and at the same time as.if the disclaiming beneficiary had died
immediately preceding the event pursuant to the laws of.the State of Pennsylvania.
I. Governing Law. The provisions of this Will shall be interpreted in
accordance with and in light of the laws of the State of Pennsylvania.
Will of Clair E.Gochenauer Page 4 of 5 Initials: Date:
J. Corporate Successors. Whenever a corporation or other business entity
is referred to herein,the reference shall .include any successor organization.
K. References to Statutes. In this Will, the abbreviation"IRC" shall refer to
the Internal Revenue Code of 1986 as amended.
I have initialed and dated for identification purposes all pages of this,my Last
Will, and have executed the entire instrument by signing this page on the_L'�day of
L ,20JI, at (taeJ �i ,Pennsylvania.
Clair E. Gochenauer
Attestation and Statement of Witnesses
Each of us declares under penalty of perjury under the laws of.Pennsylvania that
Clair E. Gochenauer,the Testator, signed this instrument as his Last Will.in our presence,
all of us being present at the same time, and we now, at the Testator's request, in the
Testator's presence, and in the presence of each other, sign below as the witnesses,
declaring that the Testator appears to be of sound mind and under no duress, fraud, or
undue influence.
[Witness Signature] [Witne signature]n
[Print Name] [Print Name]
Residing at 2S3 S4A,1�%-' fru ecr!/1oa7 Residing ata-S3
Will of Clair E.Gochenauer Page 5 of 5 Initials: hate: _
RL =6E
R.E.G!ST El C r Vi i L L S`
Fi�i 11 '�1
OATH OF SUB SCRIBIN'KA20 ESS(ES)
CLEF ., Jt
REGISTER OF WILL9RPHAWS' C --,' t
CUMBERLAND COIJNT'�,Wlgq §YLVANIA
Estate of CLAIR E. GOCHENAUER A/K/A CLAIR EUGENE GOCHENAUER Deceased
DARYL L. GOCHENAUER&JANET M. GREY , (each) a subscribing witness to
(Print Name/s)
the `✓ Will D Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s)that she/he/'they was/were present and saw the above Testator/Testatrix sign the same
and that she/he/they signed the same and that she/he/they signed as a witness at the request of
the Testator/Testatrix in her/his presence and in the presence of each other.
(Signatur (Signature)
253 Salem Church Road 253 Salem Church ad
(Street Address) (Street Address)
Mechanicsburg,PA 17050 Mechan' urg, PA 17050
(City,State,Zip) (City,St e,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or armed and subscribed Sworn to or affirmed and subscribed
before me this V' day before me this day
1
Au
,ZVJ of ,
' er Wills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization.
Form RW-03 rev. 10.13.06
R E COI�C�� CFFIC'E CF
REGISTit7 -F WILLS
OATH OF SUBSC1413,1� § (zES)
REGISTER O W LSCS•'\ OF
t�.
CUMBERLAND CCp, YEN SYLVANIA
A.
Estate of CLAIR E. GOCHENAUER A/K/A CLAIR EUGENE GOCHENAUER , Deceased
DLRYL L. GOCHENAUER&JANET M. GREY , (each) a subscribing witness to
(Print Name/s)
the 21 Will M Codicil(s) presented herewith, (each)being duly qualified according to law, depose(s) and
say(s) that she/he/,they was/were present and saw the above Testator/Testatrix sign the same
and that she/he/they signed the same and that she/he/they signed as a witness at the request of
the Testator/Testatrix in her/his presence and in the presence of each other.
M` /V
(S gnature) (Signature)
253 Salem Church Road 253 Salem Church Ro
(Street Address) (Street Address)
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050
(City,State,Zip) (City,State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed
before me this_ c�;� day before me this day
of I YC F of
�Offor
epister of Wills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization.
Form RW-03 rev.10.13.06