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HomeMy WebLinkAbout04-23-15 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: Allen Z.Roth Decedent's Information p Name: Arlene Z.Roth File No: 21 C� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 04/09/2015 Age at Death: 93 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 2100 Bent Creek Blvd,Mechanicsburg 17050 Silver Spring Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 2100 Bent Creek Blvd,Mechanicsburg 17050 Silver Spring 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 $ 500 00 Q O O If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ Q� TOTAL ESTIMATED VALUE $ 0Q ©QJ 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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 03/17/2003 and Codicil(s) thereto dated Decedent's husband. G Book Roth predeceased on 07/28/2008 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 mar wa t divorced,vvry not a p to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§332 and did nolTave a7tlil , 'orn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 3t o (Tt Cj ®NO EXCEPTIONS ❑ EXCEPTIONS CJ '-v -r� CD, ❑ B. Petition for Grant of Letters of Administration (If applicable) r— -r m rn r-11 c.t.a.,d.b.n.,d.b.n.c.t.a.,pedb telite,durante absentia:tlbra a 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 heir c-n "[7 0 Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce hgd]b€isli estished<asMfined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person'. rV n NO EXCEPTIONS E] EXCEPTIONS 69 �? Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spodW(if any)a'rR heirs(attach additional sheets,if necessary): Name Relationship Address Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. 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 Allen Z.Roth 30 Sheeley Lane Boiling Springs,PA 17007 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,,P,etitione r( w I well and truly administer the estate accordin to law Sworn to fill ed a ubscrib d before Date L-1 Z 3 l S' me thi ay of t Date I By. A Date Fo h Date BOND Required? YES NO To the Register of Wills: �. FEES: r., Please enter my appearance by my ature belo� I 1/" Letters.......................................... $ `� ��. Attorne Signa r ( )Short Certificate(s)......... __j ( )Renunciation(s).............. rn N r1 M rM ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Ivo V.Otto III _r] Bond............................................. Supreme Court Commission.. ........... . ................. ID Number: 27763 a I V r M' Other W Firm Name: Martson Law Offices ( ' Address: 10 East High Street Carlisle,PA 17013 Phone: 717-243-3341 Automation Fee............................ Fax: 717-243-1850 JCSFee....................................... S TOTAL......................................... $ � E-mail: lotto@martsonlaw.com DECREE OF THE REGISTER Date of Death: 04/09/2015 Social Security No: Estate of Arlene Z.Roth File No: 21 )Z57- t!/ a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been p esented before me, IT IS DECREED that Letters Testamentary are hereby granted to Allen Z.Roth in the above estate and(if applicable)that the instrument(s)dated 03/17/2003 described in the Petition be admitted to probate and filed of record as a 't Will(and Co ic'(s))of edent. egi ter of Wills AJ/jp Copy ht(c)2 11 form software only The Lackner Group,Inc. r 4 Y �2 of 2 P:\PI LES\DA7 AhLE\Eaatc Planning\5965-1—will LAST WILL AND TESTAMENT I, ARLENE Z. ROTH, of Carlisle Borough, Cumberland County, Pennsylvania,being of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils made by me ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all death taxes shall be paid to the extent possible from the assets held or passing under ITEM SEVEN hereof as soon as practicable after my decease and as part of the administration ofmy estate. ITEM TWO If myliusband,G.BOOK ROTH,is living thirty(30)days after my death,I give a certain life insurance policy in the principal amount of Fifty Thousand Dollars ($50,000.00) issued by Continental American Life Insurance Company, Wilmington, Delaware, Policy No. 337008, unto my children, WILLIAM B. ROTH, ALLEN Z. ROTH, CONSTANCE H. HENRY and DEAN G. ROTH, in equal shares, absolutely. ITEM THREE If my said spouse, G. BOOK ROTH,does not so survive me,then I give the sum of Thirty- five Thousand Dollars($35,000.00),to The First Church of the Brethren,CarlislA PennsylX"-' ,ander ,Z) rn the sum of Five Thousand Dollars($5,000.00)to the Children's Aid Society ofdl�First( txircl9, 12 the Brethren;provided,however,that the foregoing bequests shall be reduced FJOTat;P-to tie ext.*tg- that such bequests, in the aggregate, exceed five percent(5%) of my gross esdk� We, p ITEM FOUR o --- rV r' m I bequeath any automobiles or motor vehicles I may own at my death,in�y-piersonal effects,c rn such household goods if any as may be my individual property and not the property,of my spouse t or owned jointly by me with my spouse, and other tangible personal property of like nature (not including cash or securities),together with any existing insurance thereon,to my spouse,G.BOOK ROTH, providing he survives me by thirty(30) days. Should my spouse predecease me or die on or before the thirtieth day following my death, I bequeath such tangible personal property and insurance thereon to such of my children as are living on the thirty-first day after my death, to be divided between or among them with due regard for their personal preferences in as nearly equal �J .,f, [Initials] Page 1 of 7 Pages shares as practical and as they shall mutually agree. I direct that any of the foregoing articles not selected by such children or about which there is no agreement shall be sold at public or private sale by my personal representative,and I further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. ITEM FIVE If my spouse, G. BOOK ROTH,is living thirty(30)days after my death,then I give,devise and bequeath all of my estate,both real and personal property, unto my said spouse, absolutely. If my said spouse does not so survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate,both real and personal property,unto my Trustees to be held or distributed by such Trustees under ITEM SEVEN hereof. ITEM SIX In the event my said spouse shall disclaim all or any portion of any devise or bequest made to my spouse under the foregoing ITEM FIVE,then the amount otherwise payable shall be held by my Trustees under ITEM SEVEN hereof. For purposes of the Trust established under ITEM SEVEN hereof, my said spouse shall not be deemed to have predeceased me by virtue of my said spouse's exercise of the right to disclaim set forth herein. ITEM SEVEN RESIDUARY AND DISCLAIMER TRUST My Trustees shall hold the assets received under ITEMS FIVE and SIX hereof, if any, for the following purposes: A. My Trustees shall pay the net income, at least quarter-annually, to my spouse, G. BOOK ROTH, for life. In addition, my Trustees, in my Trustees' sole discretion, may invade the principal of the Trust for the proper and adequate support of my said spouse. B. My Trustees shall further pay to my said spouse, annually, such sum from the principal of the Trust as my said spouse may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the Trust hereunder. C. Upon the death of my said spouse, or upon my death if my spouse shall not survive me by thirty (30) days, my Trustees shall distribute the principal of the Trust to my children, [Im ials] Page 2 of 7 Pages WILLIAM B. ROTH, ALLEN Z. ROTH, CONSTANCE H. HENRY, DEAN G. ROTH, in equal shares, absolutely. D. In the event that any of my said children shall fail to survive my spouse and me,but shall leave issue surviving,then such deceased child's share shall be held by my Trustees and the net income therefrom shall be used for the support, maintenance and education of the issue of such deceased child. My Trustees shall use as much of the principal as it shall deem desirable for said purposes. My Trustees shall distribute absolutely the principal of such share of such deceased child to the issue of such deceased child per stirpes as each shall attain the age of twenty-five(25)years. In the event that any of my children shall fail to survive my spouse and me and not leave issue surviving, then such deceased child's share shall be added to the shares of my other children as if originally a part thereof. E. Notwithstanding any other provisions to the contrary, in no event shall any share be distributed to any beneficiary later than twenty(20) years after the later death of my spouse or me. ITEM EIGHT POWERS OF EXECUTOR AND TRUSTEES In addition to the powers conferred by case law,by statute, and by other provisions hereof, my Executor and Trustees and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution. A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks,bonds,common trust funds, securities, accounts,certificates of deposit(including,but not limited to,stocks,bonds, common trust funds,securities,accounts or certificates of deposit of the Trustees)or other property, real or personal, as in their discretion they shall deem proper,without regard to statutes limiting the property which a fiduciary may purchase; C. To sell,transfer,exchange or otherwise dispose of,any part of said property,for cash or on terms,publicly or privately,or to lease,even for a term exceeding five(5)years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the Page 3 of 7 Pages proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death,marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust,or the income therefrom,all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustees, in my Trustees's absolute discretion,may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder,to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner,in real estate or other property and to act as I could have done had I been living; [Initials] Page 4 of 7 Pages N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9)months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability,or to a person not adjudicated to be an incapacitated person,but who,by reason of illness or mental or physical disability is,in the opinion of the fiduciary(ies)hereunder,unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies)hereunder in his,her or their sole discretion in any of the following ways as he, she or they may deem best: 1. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies)hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application of payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trusteess consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. [Initials] Page 5 of 7 Pages ITEM NINE PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment,pledge, sale or transfer, nor shall any such interest,while in the possession of my Trustees,be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. ITEM TEN APPOINTMENT OF EXECUTOR AND TRUSTEES I nominate, constitute and appoint my spouse, G. BOOK.ROTH, as Executor of my estate. In the event that my said spouse shall predecease me or fail to act as Executor,then I appoint my son, ALLEN Z. ROTH as Executor of my estate. In the event my said son, ALLEN Z. ROTH, shall be unable or unwilling to so act, I appoint my daughter, CONSTANCE H. HENRY, as Executrix. I nominate, constitute and appoint my spouse, G. BOOK ROTH, and my son, ALLEN Z. ROTH, as co-Trustees of any trust created hereunder. ITEM ELEVEN WAIVER OF BOND I direct that neither my Executor nor my Trustees or their successors shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this /7#"-) day of • (SEAL) Arlene Z. Roth SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testatrix,as and for her Last Will and Testament,in the presence of us,who at her request,have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other. Page 6 of 7 Pages COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ) We, Arlene Z. Roth, Ivo V. Otto III, and Il r—' d��u'S , the Testatrix and the witnesses;respectively,whose names are signed to the foregoing instrument,being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last Will and that the Testatrix has signed willingly, and that the Testatrix 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 a witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Arlene . Ro , Testatrix Witness Witness Subscribed, sworn to and acknowledged before me by Arlene Z. Roth, the Testatrix, and subscribed and sworn to before me by Ivo V. Otto III and . �-irj-i he— T--� , the witnesses, this day of �` , —)0o-3 . Notary Public NOTARIAL SEAL VICTORIA L.OTTO NOTARY PUBLIC CARLISLE BOROCUMBERLAND COUNTY MY COMMISSION EXPIRES DEC.2 2006 Page 7 of 7 Pages