HomeMy WebLinkAbout04-30-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 yeazs of age or older, apply(ies) for I,etters 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 I
Name• Madelyn A. Kauffman File No: ��� '!�� ���
a/k/a. (Assigned by Register)
a/k/a:
a/k/a; Social Security No:
Date of Death• March 4,2015 Age at death: ��
Decedent was domiciled at death in Cumberland County, Pennsylvania (Srare)with his/her last
principal residence at 18 Dulles Drive West, 17011 East Pennsboro Cumberland
Street address,Post Office and Zip Code CiTy,Township or Borough Counly
Decedent died at Manor Care Camp Hill, 17011 Camp Hill Cumberland PA
Street address,Post Office and Zip Code City,Township or Borongh County State
Estimate of value of decedent's property at death:
If doneieiled in Pennsylvania............................ All personal property $ 500.00
If not domdciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not doneiciled in Pennsylvania. ....................... Personal pmperty in County $
ValueofsealestateinPennsylvania---••-------------------••------••---........... .---�•--- $ ' �
TOTAL ESTIMATF.D VALUE. ... $ •
Reat estate in Pennsylvania situated at: 18 Dull2s Drive West, 17011 East Pennsboro Cumberland
(Attach additional sheeu,if necessary.) Street address,Post Office and Zip Code City,Township or Boroagh Coanty
Q 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,aac�-� �anuary 17,2015 and Codicil(s)
thereto dated N��'�
John Danie as renounc is r�g o serve as execu or. _
State relevant circumstances(eg.rennnciation,death nf e,reeutor,dc)
Except as follows:after the execution of the inshument(s)offered for probate Decedent did not inarry,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 bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapaciGited person.
Q NO EXCEPTIONS �EXCEPTIONS
� B. Petition for Grant of Letters of Administration (Ifappl��able) _
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente liie,durante absenria,durante minoritate
If Administration,c.Ga.or db.n.c.�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�,�rowids 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 W ill and was survi v ed by the following spouse(if any)and heirs(attach
additional sheets,ifnecessary):
Name Relationshi Address
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Form RW-02 rev.10/ll/2011
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Oath of Personai Representative °�'�U�On1y
COMMONVf/EALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUmb2flafld }
Petitioner(s)Priated Name Petitioner(s)Printed Address
Peggy S.Daniel 324 S.Smedley Street,Philade�hia,PA 19103
I��C.I� n��(I��A�f�(i
The Petitioner(s)aboWe-named swear(s)ar affum(s)the statemen in the foregoing Petition are true and cornect to the best of the Imowledge and belief
of Petitioner(s)and that,as Peisonal Representative(s)of the ent,the ' er(s)will weil and truly adminisker the estate accord"mg to law.
Swom to or afftrmed d subscribed before " Date �""�l"���D(�J
me ay of �PS � - �'�'�� Date
� : Date
For the Register ,/� _ Date
BOND Require • YES To the Regrster oj Wi11s:
FEES' Please enter my appcarance by my signature below: �
Letters---•••----••--••-••--- S •� AttomeySignature_ n � �
( )Short Certificate(s)------ ' � � � �?
( � )Renunciation(s)......... � �'� -o �J C�
� )Codicii(s)_ ..._..-----• ��: t— 4�1—�-F"r
Affidavit s -' ..:' �,T� � ".�
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Bond---••-•-•------••-•----- PrintedName: � '-., � C,
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Commission. ................. Supreme Court T .''> c�
O, oth'�er ------ ID Number: '� ,� � ,"°�`
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_ __.___ 1� Address: 8
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Automation Fee- ------•--•--•- ___��Z� Fa�c_
JCS Fee. .................... —�.�,�-�— Email:
TOTAL- ---••..............• $ 1 l7-7V
DECREE OF THE REGISTER
Estate of Madelyn A. Kauffman File No: t�� �f-> �V7 / �
a/k/a:
AND NOW, "t� UT � 2015 ,in consideration of the foregoing Petition,
satisfactory proof having been present before me,IT IS DECREED that Letters Test�mentary
are hereby granted to Peggy S.Daniel
in the above estate and(if applicable)that
the instrument(s)dated �anulry 17,2015
described in the Perition be admitted to probate and filed of e �as the last Will(anc�Codicil(s))of Decedent.
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Register of Wii s ��� - / �
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Form RW-02 ree IO/IIf2011 � Page 2 0
LAST WILL AND TESTAMENT
OF
MADELYN A KAUFFMAN
I, Madelyn A Kauffinan, a resident of Camp Hill, Pennsylvania declare this to be
my Last Will and revoke all former Wills and Codicils.
ARTICLE I
Identification of Familv,
At the present time I am widowed and have no children. In rnaking this Will, I do
not have in mind to provide for any children hereafter born to or adapted by me.
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ARTICLE II E-,
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DjSposition of Remains � o � {A.�", �
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I direct that my remains be buried. I authorize my Executor to carr�Q�t�es� Y-j �
directions and wishes,particularly those for the disposition of my remains.� . � � ' .., c-,
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ARTICLE TII r-, � o
Appointment of Fiduciaries ' � �
A. Appointment of Personal Representative. I appoint my sister, Peggy S.
Daniel and my brother-in-law, John Daniel as Co-Executors of my estate,but if either is or
becomes unable or unwilling to serve,the other may serve as sole Executor.
B. Bond; 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 here'rn shall prevent my
Executor from seeking the assistance of the court in any situation where my Executor
deems it appropriate.
ARTICLE IV
D_'isposition of Residue
1. 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 sister, Peggy S.
Daniel. If my sister,Peggy S. Daniel does not survive me then I give all of the residue to
my niece, Kathleen F Daniel. If I am not survived by any party named in this provision,I
give the entire residue to my heirs.
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 followin�provisions to facilitate the
distribution of property to such persons.
B. 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 fiduciary
may retain pursuant to Paragraph C. of this Article or distribute all or any portion of that
properiy 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
8. Sale of any tangible personal property and delivery of the proceeds
in any manner pernutted by this Article.
Provided the fiduciary acts in good faith,upon delivery of a�1y 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 (21)years of age,the fiduciary sha11 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 beneficiary is neither
under a legal disability nor under age twenty-one (21),the fiduciary sha11 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 sha11 have a11 of the powers and duties granted to or i�nposed upon personal
representatives serving with non-intervention powers pursuant to tlle 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 in my ta}�able estate, and any adjusted ta7�able gifts, whether passing under or
outside of this Will, shall be paid from the principal of my residuary esta.te 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 sha11 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 IRC §§ 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 every noun and
pronoun shall have a meaning that includes the masculine, femi�line and neuter genders.
B. Survival. To "survive" me, as that term is used in this Will, a person must
continue to live for thirty (30)da.ys after my death.
C. Descendants. The "descendants" of an individual include only the
following:
1. All such individual's biological descendants, except any person not
born in lawful wedlock and his descendants, �uiless the biological
parent who would otherwise cause him or her to be a descendant has
acknowledged paternity or maternity in legitiination 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" sha11 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. T'hey 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 detertnines, in good faith,that the person is incapable of managing her
property or of caring for herself, or both, or is in need of protection or assistance by reason
of physical injury or illness,mental iliness,developmental disabilin�, 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 sha11
remain so vested until my personal representa.tive distributes or sells that property,at which
time title sha11 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
ma.nner 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.
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" sha11 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 ha�e executed the entire instrument by signing this page on the �7 day of
�u�, N,� , 20�5, at ����'�ak� , Pennsylvania.
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Madel�A Kauffinan �� �
Attestation and Statement of Witnesses
Each of us declares under penalty of perjury under tlle laws of Pennsylvania that
Madelyn A Kauffinan, the Testator, signed this instrument as her Last Will in our presence,
a11 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.
G%. /� . _
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[Wimess Signature] [Witness Signature]
�/�iU ���N►�L /rla ,' �r," �I?a�l �e
[Print Name] [Print N�
Residing at zi2� . -�'i� ����� Residing at �'7, f�z.s� �oo�er �T�e�.f
�/G,q. �,4- �/� /�"I�c�ah�cs �,v y /��l /7053
SELF-PROVING AFFIDAVIT
STATE OF PENNSYLVANIA }
} ss.
COUNTY OF (',kwt�P.�'���c� }
I,the undersigned, an officer authorized to administer oaths, certify that Madelyn A
Kauffman,the Testator, and �D k�n � �a ti�� �- , and
/Ylp��i�A�(ev� .�����e.._ ,the witnesses, whose names are signed to the attached
or foregoing instrument and whose signatures appear below,having appeared together
before me and having been first duly sworn, each then declared to me that: 1)the attached
or foregoing instrument is the last will of the Testator; 2)the Testator willingly and
voluntarily declared, signed and executed the will in the presence of the witnesses; 3)the
witnesses signed the will upon request by the Testator, in the presence and hearing of the
Testator, and in the presence of each other;4)to the best knowledge of each witness the
Testator was,at that time of the signing,of the age of majority (or otherwise legally
competent to make a will),of sound mind and memory, and under no constraint or undue
influence; and 5) each witness was and is competent and of the proper age to witness a will.
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��f l�ai� le yn A I�au�fma�n 4 � �� ��`.
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[Witness Signature] [WiU��ess Signature]
f U J�fcJ � .�1'�"/�/f�G' /�a��i �iG� ✓� � ��yle
[Print Name] (k'ri►it Name]
Residing at 32`� '•�� G� S/ Residing at 27, �asj �oo�e � -S�ie��`
ll�. ��1 !1C° /d7�c�ah;c.s,�u r�_ ��J � 70�5'
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Section for Notary Public:
Subscribed, sworn and acknowledged before me by the said Madelyn A Kauffinan,
Testa.tor, and by the said �o h h G• DA ti��� , and
rn,��1��,�rJ.�,�; Jo t���- ,witnesses,this �?day of Jd�u p��-( , 20 �S
COMMONWEALTH OF PENNSYLVANIA �,�'�
e
NOTARIAL SEAL "�,rhature otary
ROLAND L.DOYLE,JR.,Notary Public
Mechanicsburg Boro.,Cumbe�land County � � �,` � _
N�y Commission Expires December 31,2016 2��a`"� � �'
[Print or stamp name of Notary]
RENUNCIATION
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REGISTER OF WILLS � � � � �'
CUMBERLAND COUNTY, PENNSYLVANI�; � � w � �.
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Madelyn A.Kauffman � � Dec��'eased
Estate of �
I John Daniel , in my capacity/relationship as
�
executor under the Wi��'�atec��January 17,2015 of the above Decedent,hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to Peggy S. Daniel
(appointed as executor under paragraph A.of ARTICLE III of the Decedent's Will dated January 17,2015).
�..�� ��s' � k�
.��ti�,��
(Date) (Signature)
324 S. Smedlev Street
(Street Address)
Philadelphia,PA 19103
(City,State,Zip)
Executed in Register's Office Executed out of Register's Offtce
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
befo e me t is �� day party executing this renunciation and certified
of ,,�� that he or she executed the renunciation for the
purposes stated within on this day
of �
� I
Deputy for Regist o 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 CommissionJ
Form RW-06 rev.10.13.06
i.��• .
REGISTER OF WILLS Certificate of Grant of Letters
CUMBERLAND COUNTY, PENNSYLVANIA
�..�,'-�`.^.'„
No. 21-15-0497
PA No. 21-15-0497
� ESTATE OF Madelyn A. Kauffmau__
� Late Of: East Pennsboro Township, Cumberland County,
� Deceased
� Social Security No. __ __
.,-�,.�`�..t``�_
WHEREAS, on the 4th day of May, 2015,the instrument dated
January 17, 2015, was admitted to probate as the Last Will of�Madelyn A. Kauffman late
of East Pennsboro Township, who died on the 4th day of March, 2015, and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, Lisa M. Grayson, Esq., Register of Wills in and for the County of
Cumberland, in the Commonwealth of Pennsylvania, hereby certify that I have this day
granted Letters Testamentary to Peggy S. Daniel, a/k/a Peggy L. Daniel who duly
qualified as Executrix and who agreed to administer the estate according to law, all of
which fully appears of record in my office at Carlisle, Pennsvlvania.
iN TESTIMONY WHEREOF, I have hereunto set my hand and affised the seal of my office
the 4th day of May, 2015.
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**NOTE** ALL NAMES A130 VE APPEAR (FIR�S'1; �ILIDDLE, LAST)