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HomeMy WebLinkAbout04-22-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF C U M 6 G(L L A--o .D 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 Name: ( (,pa "( lc� OI—TO File No: J a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: FC 6(ZL21 a 0[S Age at death: Decedent was domiciled at death in Cy M 8 E rZ L It N D County, hEN 0S`(LV R 0(A (state)with his/hff last principal residence at 550 0 O L-0 Q Q C 4 A$10 L f ld iiJ O a M*Uc q! 9 a c— Cu/Ag r2LAf)-D Street address,Post Office and Zip Code City,Township or Borough Co%nty Decedent died at 666 0� b Qf o6 ��`` S SC e t ►Mp HILL CO M8alO lln P 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 $ 3q—t , 0()o If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ p If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania.............................. ... ............... . ........ $ 1 61000 TOTAL�ESTIMATED VALUE. ... $ S Z I i 000,U o Real estate in Pennsylvania situated at: 5750 04-D Q 2CH-0" cam'1 J E : W O 1-Ili L E-V S 66 Q CU M64Z*D (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 c� Petitioner(s)aver(s) a/she/they i /are the Executor(s)named in the last Will of the Decedent,dated .l =k Q'Codicil(s) thereto dated ::0 -mss State relevant circumstances(e.g.renunciation,death of executor,etcJ - 1�1 r�I ,> R" �j l'V X13 C 7 Except as follows: after the execution ofthe instrument(s)offered for probate Decedent did not marry,was fi6t d'vor"-dd,wgbnot aha@trt y o a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §332 (gy"n 1 dict have a-abild born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. .y ,.ri c> CO r- ril (INO EXCEPTIONS O EXCEPTIONS ® 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 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. ONO EXCEPTIONS Q 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 � L � ARrjo-r tau �v E Sed cic '7 c� (6kST �Nnrs�2e t COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF Petitioner(s)Printed Name Petitioner(s)Printed Address C 4L ell)4c-_ SN-OCE `0(2-W�_: Coma C-06)LA A 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 truly administer the estate according to law. Sworn to or affirmed and subscribed":before a Date <1 1 met is 21St day of ,SDI S Date By: Date or the Regi "(,{rte Date on zi BOND Required:O YES ONO To the Register of Wills: � O � M FEES: Please enter my appearance by my si a below Cn �/ /-/j Letters. . . . . . . . . . . . . . . . . . . . . . $ —'1 V v Attorney Sign re: M N4 ) Short Certificate(s).. . . . . ( O )Renunciation(s).. . . . . . . . C c ( O )Codicil(s). . . . . . . . . . . . . ( O )Affidavit(s).. . . . . . . . . . . N1 ,u, CO r_ rn Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: L �Q Commission. . . . . . . . . . . . . . .. . . Supreme Court g Other OJVwI . . . . 3 0 ID Number: CJ 11, - . . . . . . . . 1:5 . . . . . . . . Firm Name: . . . . . . . . Address: W40UT S _-)0(L A ( f l� 3 . . . . . . Phone: � -4 -ILt - 0-4950 Automation Fee. . . . . . . . . . . . . . . 5 Fax: t v N E JCS Fee. . . . . . . . . . . . . . . . . . . . . 3�966 Email: Pt C4 (AA-(GS Q(dP) d00-C0Pt'1 . TOTAL. . . . . . . . . . . . . . . . . . . . . $ S:JU. 5" 0 DECREE OF THE REGISTER Estate of File No: a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters ` are hereby granted to d in the above estate and'(if a icable)that the instrument(s) dated 12 - t - I gC17 r •. described in the Petition be admitted to probate and filed of record as the last Will(and Codiril(s))of Decedent. Register of Wills �, r a RECORD-ED OFFICE OF, LAST WILL AND TESTAMENT REGISTER O FIM L L S, OF GILBERT E. OTTO 7015 PPR 22 F-0 8 31 CLFI'i OF IDENTITY 0 R P HI A N,S' CIO U, i. 1, Gilbert E. Otto, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other and former Wills and Codicils to Wills heretofore made by me. My child is Cheryl A. Otto. PERSONAL AND HOUSEHOLD`~EFFECTS It is my intent that all my pe"rsbnal Ynd=liousehold effects-were transferred to my Living Trust as a resultofthe—"ASSIGNMENYOF FURNITURE, FURNISHINGS AND PERSONAL EFFECTS" signed this date. If<ther_e`is anyfquestion regarding they whership or disposition of these assets, it i.i my,desire thaf�such as�ts',pourrinto the Living Trust m,accordance with the provisions of the_section titled Residue of'Estate RESIDUE OF ESTATE �- - .W� I give, devise and bequeath,all th est,-residue and remainder of my property of every kind and description(including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this UUill; to.the°Ira"stee`under that certain Trust executed by me, which is known as "The Otto Trust, dated December 17, 1997, Gilbert E. Otto, Trustor and/or Trustee." The Trustee shall add the property bequeathed and devised by this Item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of my death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described hereinabove, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms, trusts and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, Otto Last Will and Testament ©Copyright The Estate Plan®1997 All Rights Reserved. Page 1 hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. PRIVACY OF TRUST No Clerk of Court, Commissioner of Accounts, or other party (except my Executor, Personal Representative, or other Fiduciary of my Estate, and a Beneficiary of my Estate or Guardian or Fiduciary of such Beneficiary), dealing with a Trustee in relation to The Otto Trust, dated December 17, 1997, Gilbert E. Otto, Trustor and/or Trustee, will be obligated or privileged to see that the terms of the Trust have been complied with, to inquire into the authority, necessity or expediency of any act of a Trustee, or to inquire into any of the termsfof the Trust, except when permitted by the Trustee. rl�f r EXECUTOR I hereby nominate and appoint Cheryl A. Ottoa"sxecutor of this my Last Will and Testament to serve without bond. In the te/vent th6 first named-E ecutor shall-predecease me, or is unable or unwilling to act as my Executor for anyreason what er,�theri,andFin that eyent�I hereby:nominate and appoint Robert A. Silks,to„serve wittiout bond as+Executor_(CozExecutors if more,than-onesperson). When more than one person s-named with others toTact as Co-Executors and')one of the named persons is unable or unwilling person o sere-o corrtinue to serve, and no additional persons are named hereln�to take thelplace--of`such-declining or retiring Executor, I hereby direct that the remainingnamed-Co (s)s ah ll cont un a to serve as Co-Executors (or if one only remains, Executor) hereof without the approval of any court. Symbol of Excellence& Whenever the word "Executor” or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, Otto Last Will and Testament ©Copyright The Estate Plan®1997 All Rights Reserved. Page 2 convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind or partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for //i—�— the consequences of any tax decision or election, or of any investmrent�or administrative decision, that my Executor believes has had the effect, directly or indir&tlgopreferring one beneficiary or group of beneficiaries over others. In determining the feder�a at d income tax liabilities of my estate, my Executor shall have discretion to select the va uation:=d'ate and to determine whether any or all of the allowable administration expenses in my�estateshall be used as federal estate tax deductions or as federal income tax deductions. - COL OSSARY OF TERMS- ' For the purp s�s this `y,Wi hl112 �;�m�aristhe la "� l blood_desce nts in the first degree of the parent designated--and issue"-and ''descend_ants'.meant-helawful blood descendants in any degree of the ancesdesignated; provided; however, that if a person has been adopted, that person shall be onsidered_a child of such-adop ing parent and such adopted child and his issue shall be considered<as%sue f adopting p rent or parents and of anyone who is by blood or adoption an ancestor o`f�therad6pting paf nt=or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall'vi°nclucle the lawfixI)Obod'{descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein, and I have also intentionally omitted any and all persons and entities from this, my Last Will and Testament, who are not persons or entities specifically named in The Otto Trust, dated December 17, 1997. It is myintention that any and all persons and entities, whether or not named in this Will or said Trust, shall have an interest in my estate and property, including the said Trust, if and only to the extent that I have provided for them in this Will and in the said Trust. If any person or entity shall challenge this Will or any term or condition hereof, or of the Living Trust to which I have herein made reference, or any term or condition thereof, then, to that person or entity I give and bequeath the sum of one dollar($1.00) only in lieu and in place of any other benefit, grant, Otto Last Will and Testament ©Copyright The Estate Plan®1997 All Rights Reserved. Page 3 bequest or interest which that person or interest may have in my general and Probate Estate or the Living Trust and its Estate. I specifically disinherit any person or persons claiming an interest in my estate through this, my Last Will and Testament, or through the previously named Trust, as my child, the issue of my body, who are born more than nine and one-half months after my death. SIMULTANEOUS DEATH If any beneficiary should not survive me for sixty(60) days,Rthewiit shall be conclusively resumed for the purposes of this m Will that said beneficiary redebeased me. p p p Y rY-p. ... �- rr " f a alar -� IN WITNESS WHEREOF, I have hereunto set,,&.' and=declared this to be my Last Will and Testament this 17th day of December, Gil eri K'Otto--/ SIGNED, SEAL_ED;_PUBLISHED,1nd_DECLARED by_the_above_testator as and for his last will, in the presence of us, who thereupon at his requestjn his presence and in die presence of each other, have hereunto subscribed o`ur names aswitnesses: . residing at 246 Oak Grove Court Witness E,YM , C '_',,-C6 �C-Meehanicsburg, Pennsylvania residing at 246 Oak Grove Court Witness Mechanicsburg, Pennsylvania residing at Q01L OAK ,wre- Goof Witness ec! NIeS�u� NNS dA,diA Otto Last Will and Testament ©Copyright The Estate Plan®1997 All Rights Reserved. Page 4 SELF-PROOF OF WILL ( COMMONWEALTH OF PENNSYLVANIA ss. ( 0 ,.,% au 1 ( COUNTY OFHN We Gilbert E. Otto, ^4A�t eR, ArwH* "J&A4z R A ;rades and FAdl a 4WSV,! , the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly, and that he executed it as his free and voluntary act for,the`purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of each witness's knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint:or und_ue'influence. y . _ /dIberirt. Otto Witness 0 _ }6_ -� Witness - Witness SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me, by Gilbert E. Otto, the Testator, and subscribed and sworn to before me by lni�� 'R AUP , /&i nRx, 13 ,g;,.eA and 6,c e � .✓s /. , witnesses, this 17th day of December, 1997. NOTARY SEAL NOTARY PUBIAC WE0m sioi -Expires: Otto Last Will and Testament ©Copyright The Estate Plan®1997 All Rights Reserved. Page 5 CERTIFICATE OF ACKNOWLEDGMENT ( COMMONWEALTH OF PENNSYLVANIA ss. ( C"Mav-r. j ( COUNTY OF-BA On this 17th day of December, 1997, before me, " - ° (here insert name of notary) a Notary Public, personally appeared bdbert E. Otto, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument sworn to and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument theperson, or the entity upon behalf of which the person acted, executed the instrument; WITNESS myhand and official seal. �l "_ -=- Signature: _ - g c - .(Seal Si - - -- - _ Dateliiy commission/expires'; IFl fel J Otto Last Will and Testament ©Copyright The Estate Plan®1997 All Rights Reserved. Page 6