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Home My WebLink About05-28-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-15-397 C-3 "v ESTATE OF DONALD F. PRATT '� r r —zj �7 PETITION UNDER SECTION 3102 OF THE PROBATE, ESTATES AND FIDUCIARIES a �' CODE FOR THE SETTLEMENT OF A SMALL ESTATE f 'T TO THE HONORABLE JUDGES OF SAID COURT: 1. Your Petitioner, Kathy Maurice, Co-Executrix, resides at 597 West First meet,' Boiling Springs, Cumberland County, Pennsylvania 17007.. 2. Your Petitioner, Grovene K. Starner, Co-Executrix, resides at 111 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Prior to his death, the Petitioner, Kathy Maurice, assisted the decedent with his taking care of his finances. 4. The decedent, Donald F. Pratt, died on January 26, 2015, a resident of Cumberland Crossings Retirement Community, One Longsdorf Way, Carlisle, Cumberland County, Pennsylvania 17015. 5. No estate has been opened with the Register of Wills in connection with this matter. 6. The Petitioners have filed a Pennsylvania Inheritance Tax Return on April 9, 2015. Petitioners to the date hereof, have not received approval from the Department of Revenue. 7. Since the time of filing of the inheritance tax return, the Petitioner, Kathy Maurice has received three (3) checks made payable to the Decedent, however, the Petitioner is unable to negotiate said checks in the total amount of$171.10. 8. No creditors are known to exist in this estate aside from the ones listed on the inheritance tax return. 9. At the time of his death, the decedent' had the following two assets: A. PNC Bank Performance Checking Account# xx-xxxx-0981 $3,525.53 B. PNC Bank Standard Checking Account# xx-xxxx-2883 25.00 Total: $3,550.53 10. The Decedent's Last Will and Testament provided that his two nieces, Heidi Maurice Sowers and Brooke Maurice receive the sum of$5,000.00. The total assets of the decedent's estate at the time of his death are not sufficient to make such bequeath. 11. Undersigned counsel proposes to divide equally between Heidi Maurice Sowers and Brooke Maurice the total amount of assets of the decedent. WHEREFORE, Your Petitioners pray that an Order be made authorizing distribution of the decedents assets and allowing for the negotiation of checks as set forth herein. Respectfully submitted, BARIC SCHERER LLC i r David A. Baric, Esquire ID # 44853 19 West South Street Carlisle, PA 17103 (717) 249-6873 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Kat Maurice VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Grovene K. Starner CONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that they are adults; that the statements made in the Petition filed by David A. Baric, Esquire are true and correct to the best of their knowledge, information and belief; that they concur and consent to the proposed distribution. ITNESS: DATE eidi A Sowers CONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that they are adults; that the statements made in the Petition filed by David A. Baric, Esquire are true and correct to the best of their knowledge, information and belief; that they concur and consent to the proposed distribution. WITNESS: 61cokk Moa LRIC_0 DATE Brooke Maurice LAST WILL AND TESTAMENT OF DONALD PRATT 1, Donald Pratt, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. FIRST I direct the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SECOND I may identify, in a subsequent writing, the disposition of certain items of property and it is my direction to my Executors to follow those instructions. Additionally, my heirs may select items of personal property which my Executor(s) shall value and charge against the heir's share of the estate. 1 give the sum of$5,000 to Heidi Maurice Sowers and a like amount to Brooke Maurice. THIRD All the rest, residue and remainder of my estate, real, personal or mixed wherever situate, I give, devise and bequeath, in equal shares, unto my neice Kathy Maurice and my sister Grovene K. Starner, should they survive me by a period of thirty (30) days. Should my sister predecease me or fail to survive me by thirty (30) days, then I give, devise and bequeath her share to Kathy Maurice. Should Kathy Maurice predecease me or fail to survive me by thirty (30) days, then I give, devise and bequeath her share to her children. Provided that with respect to an heir, if they have not reached age thirty (30) poor to my death, I give, devise and bequeath their share of my estate to Glenn Maurice as Trustee, under the following conditions: A) My Trustee shall hold the principal of the Trust for each heir in a separate trust under the following provisions: 1. My Trustee shall pay to or for the benefit of my heir the net income from his trust in quarter-annual installments during his life, together with so much principal as my Trustee, from time to time, shall deem advisable for his health, maintenance, support and complete education. 2. Notwithstanding the foregoing provisions, after attainment of twenty- five (25) years the heir may withdraw one-half (1/2) of the principal of his trust valued as of said birthday and after attaining age thirty (30) years the heir sh ithdraw the remainder of said principal and undistributed income. 4. 3. Upon the death of of an heir prior to the termination of his trust, my Trustee shall distribute the remaining principal as the heir shall appoint by specific reference to this power in his will, or if such power is not exercised in full, the unappointed principal shall be distributed to his issue, per stirpes, or in default of such issue, as otherwise provided by law. FOURTH I nominate, constitute and appoint , Kathy Maurice and Grovene K. V Starner, as Co- Executors of this my Last Will and Testament. I relieve my personal representative from the necessity of posting security in connection with his or her duties as such in any jurisdiction in which he or she may be called upon to act insofar as I am able by law to do so. FIFTH In addition to the powers conferred by law, I authorize my Co-Executors in their absolute discretion: A. To retain in the form received, and to sell either at public or private i sale any real or personal property. B. To manage real estate. C. To invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification. D. To exercise any option or rights arising from ownership of investments. E. To compromise claims without court approval, and without the consent of any beneficiary. SIXTH This Will shall be interpreted pursuant to the laws of the Commonwealth of Pennsylvania where it was prepared and executed. 1N WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of four (4) typewritten pages, the first three (3) pages of which bear my signature in the margin for the purpose of identification, this the 19th day of February, 2002. LO reqE (SEAL) Donald Pratt Signed, sealed, published and declared by the above named testator Donald Pratt , as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ADDRESS QA 1-1 a 3 9V'ADDRESS. 5! !v. �N't2ino .SE. Jqi. 4r i��gss .y G::P4 r TCG '— � I I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND C,l'L1� /i�t j � We, Donald Pratt, and , the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument of his Last Will, and that he signed willingly and that he executed 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 witnesses, and that to the best of their knowledge, the testator was at the time eighteen (9 8) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this Iq day of , 2002. 9 ! 7 1 1 i