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HomeMy WebLinkAbout03-26-15 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 z �( Name: Sally Rigby File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: August 16, 2013 Age at death: 83 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 219 N. Locust Point Rd Mechanicsburg, PA 170E Silver Spring Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 219 N. Locust Piont Rd., Mechanicsburg PA Silver Sprinq Township Cumberland PA Street address,Post Office 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 $ 300,000.00 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. . .. $ 300,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County 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 August 30, 2005 and Codicil(s) thereto dated c State relevant circumstances(e.g.renunciation,death ofexecutor,etc.) tt C) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,wasmbt a paq to a p�fidimg divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did_nbt hav zhild born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS ❑EXCEPTIONS �T ❑✓ B. Petition for Grant of Letters of Administration (If applicable) c.t.a ata.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante mit drifgte If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heiW Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑✓ NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Charles D. Rigby, Sr. Husband Deceased (DOD 09/10/1982) Charles D. Rigby, Jr. Son 219 N. Locust Point Road, Mechanicsburg, PA 17050 Susan Conrad Daughter 12 Sunnybrook Drive, Doylestown, PA 18901 Craig Rigby Son 89 Linda Drive, Lot#19, Mechanicsburg, PA 17050 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 Kenneth D. Rigby 26 Kensington Square, Mechanicsburg, PA 17050 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing 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,the Petitioner(s)will well and V1 administer the estate according to law. Sworn to or affirmed and subscribed before r Date I me thisabh day off"QJn ,-D015 Date BDate For the Register Date BOND Required:❑YES 7]NO To the Register of Wills: FEES' Please enter my appearance by my signature below: Letters. . .. . . . . . . . . . . . . . . . . . . $ 3 1 D Attorney Signature ( 5 )Short Certificate(s). . . . . . ;'-G / ( 3 )Renunciation(s).. . . . . . . . t / ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . .. . . . . . . . . . . . . . . . Printed Name: Steven P. Miner, Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other\lI . . . . . . . . ��j ID Number: 38901 \1r1VP.►rt"Ct�1�l.a . . . . . . . . t5 inV1-TOK YPTU.VYI . . . . . . I S Firm Name: Daley Zucker Meilton&Miner, LLC ,.. . ` . . . . . , . . Address: 635 N. 12th Street, Suite 101 . . . . Lemoyne PA 17043 . . . . . . . Phone: (717)724-9821 Automation Fee. . . . . . . . . . . . . . . S Fax: (717)724-9826 JCS Fee. . . . . . . . . . . . . . . . . . . . . 3'�.5c> Email: sminer(a)dzmmlaw.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ LABS-S DECREE OF THE REGISTER Estate of R\aN File No: a/k/a: . AND NOW, n consi er_ation of the foregoing Petition, ; List of Heirs,.Con't. f Name Relationship Address ..-Kenneth D. Rigby Son 26 Kensington Square, Mechanicsburg, PA 17050 ✓O � b r 13 RENUNCIATION E_. ORP#"i A E 4 REGISTER OF WILLS :C i.l P1 1"L,`° CUMBERLAND COUNTY, PENNSYLVANIA Estate of Sally Rigby ,Deceased 1, Charles D. Rigby, Jr. , in my capacity/relationship as (Print Name) ,..Son and named Executor of the above Decedent, hereby renounce the right to ,;administer the Estate of the Decedent and respectfully request that Letters be issued to Kenneth D. Rigby (Date) (Signature) 219 N. Locust Point Road (Street Address) Mechanicsburg,PA 17050 (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation-and certified of that he or she executed the renunoiatign for the r purposes stated within on this Q 3 day of PAarcAr% , aG 167 M Deputy for Register of Wills Notary Piubl' My Commission Exp es:Apr,i a3,aois (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration ofNotary's Commission.) Form RW-06 rev.10.13.06 Aftlk C COUR'�IEY��Ju�Notary r N� ? i MRR 26 PM 1113 RENUNCIATION 0 P,n} REGISTER Of WILLS " }f CUMBERLAND COUNTY,P.CNNSYLVANIA Estate of Sally Rigby ,Deceased 1, Craig Rigby , in my capacity/relationship as (Print Nacre) • Son of the above Decedent,hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to i Kenneth D. Rigby (gate) (Signature) 89 Linda Drive,Lot#19 (Street it ddressJ Mechanicsburg,PA 17050 (Crtj�.Stare,'Lip) Executed in Register's©ffice Execute(1 out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day patty executing this renunciation and certified of that he or she,executed the renunciation for the purposes steLted within on this ';L V day of PA*, .Deputy for Register of Wills Notary PubIjV My Commission EXAS:es:A(V., (Signature and Seal oi'Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) CQ�IkPolOQV1fliE+1►�YR�pEhON 7 drur RiV lI6 rrr.10.13.06 COURTNEY M.NOTARIAL MA,Notaryr put& III of LCmayne,Cumbel^lard 8 r RM 11 14 nis el "'F RENUNCIATION ORPHAN"' REGISTER OF WILLS CUMBERLAND —COUNTY, PENNSYLVANIA Estate of–Sally Rigby Deceased 1, Susan Coluad in any capacity/relationship as (Print Name) Daup-liter and named alternative Executrix of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Kenneth D.Rigby 114 (Dote) (Sig"ai, 12 Sunnybrook Drive (Streei Address) Dot4esto n,PA 18901 Zip) Executed in-Register's Office Executed out of Register's Office 'Sworn to or affli ed and subscribed Before the undersigned personally appeared the is nl%—(A-� day party executing this renunciation and certified bf this f Wfie mr,e f 0 r that he or she executed the renunciation for the purposes stated within on this day of Q� Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration ofNoterys Commission.) ,ro,nn RW-06 rev.10,13.06 471'vt- ? i5 23 M 1 WILL Q P," = OF SALL Y RIGBY I, SALLY RIGBY, currently of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, hereby revoking any and all prior Wills and Codicils made by me. I. I direct that all my just debts and funeral expenses be paid from the assets of my estate as soon as practicable after my demise. II. I direct that all estate and inheritance taxes that may be assessed in consequence of my death, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration and all property includable in my taxable estate whether or not passing under this Will shall be free and clear.thereof. III. I bequeath any items of tangible personal property I may own at my death unto my son, Charles. If he predeceases me, this bequest shall lapse and pass as part of my residuary estate in Paragraph IV below. IV. All the rest, residue and remainder of my estate, of whatever nature and wherever situate, including property over which I hold a power of appointment, I devise and bequeath unto my four (4) children, namely, Craig, Kenneth, Susan and Charles, or their issue per stirpes. If any child predeceases me without issue, his or her share shall lapse an be added to the shares passing to my other children or their issue pre stirpes. . Provided, however, the share of my son, Craig Rigby, shall be held, IN TRUST, by my hereinafter-named Trustee, for Craig's sole benefit pursuant to the terms and conditions set forth below. V. In the event that any assets of my estate pass into a trust fund for the benefit of my son, Craig, as set forth above, said assets shall be held pursuant to the following specific terms and conditions: -1- A. To pay to or for his benefit such portion or portions of the income and/or principal, up to the whole thereof, of the property held in trust as my Trustee may, in his sole discretion, determine necessary for Craig's maintenance and support. B. Upon Craig's death, any funds then remaining, both principal and income, shall be distributed unto his issue per stirpes. If he is not survived by any issue, said funds shall be divided equally among my other three (3) children or their issue per stirpes. VI. In addition to such other powers and duties as may have been granted elsewhere herein, my fiduciaries hereunder shall have the following powers and duties: A. To invest any funds at any time held in trust, in any stocks, bonds, notes, mutual fund shares, or other securities or properties, real or personal, or in one or more common trust funds, or collective trust funds established by the Trustee, or in securities issued by the Trustee, notwithstanding that such investments may not be of the character allowed to fiduciaries by statute or general rules of law, it being my intention to give him the broadest investment powers possible, including the power to retain any property which is placed in trust hereunder. B. To retain or to lease, sell, exchange or otherwise dispose of any property, real or personal, at any time held by him, for cash or upon credit, in such manner and on such terms and conditions as he may deem best, and no person dealing with him shall be bound to see to the application of any moneys paid. C. To borrow or loan money for any purpose in connection with the administration of the property held by him upon such terms and with such security as he may determine necessary. D. To make any distribution hereunder in cash, in kind or partly in cash and partly in kind. E. In general, to exercise all powers in the management of property hereunder which an individual could exercise in the management of similar property owned in his own right upon such terms and conditions as he may deem best, and to execute and deliver all instruments and to do all acts which he may deem necessary or proper to carry out the purposes of the trust. VII. No interest of any beneficiary of my estate, either in income or principal, shall be subject to anticipation or to pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his interest, either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries hereunder for the liability of such beneficiary, whether such liability arises from his debts, contracts, torts or other engagements of any type. VIII. Any amounts which are payable to a beneficiary under this Will may, at the discretion of my fiduciaries hereunder, be paid to the guardian of the person and/or property of such beneficiary, to the person who has custody of such beneficiary, or directly to such beneficiary, or may be applied for the use or benefit of such beneficiary. The receipt of such guardian, custodian, or beneficiary or evidence of the application of such amounts, shall be a full and complete discharge of my fiduciaries hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. IX. I appoint my son, Charles D. Rigby, Jr., Executor of this my Will. In the event that he fails to qualify or ceases to act as Executor, I appoint my daughter, Susan Conrad, Executrix of this my Will. X. I appoint my son, Charles D. Rigby, Jr., as Trustee of any trusts created by this my Will. In the event that he fails to qualify or ceases to act as Trustee, I appoint my daughter, Susan Conrad, as Trustee in his place. In the event that she fails to qualify or ceases to act as Trustee, I appoint my son, Kenneth D. Rigby, as Trustee of any trusts created by this my Will. XI. I direct that no bond be required of my fiduciaries for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, SALLY, RIGBY, herewith set my hand to this my Last Will, typewritten on three (4) sheets of paper including the attestation clause and signatures of witnesses, this3o*1' day of August, 2005. (SEAL) SALLY RI Y -3- Signed by SALLY RIGBY, by her declared to be her Will in our presence, who have hereunto subscribed our names as witnesses in her presence and at her request, this 3 day of August, 2045. residing at - residing at -4- COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lj 4•f"No N WE, SALLY RIGBY, GERALD J. BRINSER and the testatrix and the witnesses, respectively, whosnames are signed to the attached or foregoing instrument, being first duly affirmed, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will and that she signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as witnesses and that to the best of our knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. SALLY RIG WI SS WITNE S Subscribed, sworn or affirmed and ackno ledged before by SAJ,LY RIGBY, testatrix, GERALD J. BRINSER and r,�li witnesses, this 3c, day of August, 2005. �Jl .SEAL) otary Public NOTARIAL SEAL WENDYL.CRAWFORD,NotaryPubgO Palmyra Boro.,Lebanon County Commission Expires Sept 10,2005 -5-