HomeMy WebLinkAbout06-19-15 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
Name: Joann R. Stoner File No: I tQ
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: June 6, 2015 Age at death: 85
Decedent was domiciled at death in Cumberland County, PA (state)with his/her last
principal residence at 7053 Wertzville Road, Mechanicsburg, PA 17050 Silver Sprina Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Holy Spirit Hospital, Camp Hill, PA 17011 East Pennsboro 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: p�
If domiciled in Pennsylvania...... ...................... All personal property $ 3
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. ... $
Real estate in Pennsylvania situated at:
(Attach additional sheets,ifnecessary.) 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 25, 2014 and Codicil(s)
thereto dated
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 marry,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 born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
M NO EXCEPTIONS ❑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 ❑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
Form RW-02 rev. 10/1112011 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
Barbara S. Dean 410 Mumper Lane, Dillsburg, PA 17019
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 Dece ent,t Petitioners) Il w 1]and truly administer the estate accor ing tojaw._
Sworn ctQ., ,
o- affirmed an subscribed before Z `-1 Date l J
me this H 1"' day or7Q, ,c�)QVS Date
By: Date
For the Register Date
BOND Required:Q YES [Z]NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ a Attorney Signature:
( ) Short Certificate(s). . . . . . 3a
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Brian C. Linsenbach
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 87360
CJS
Firm Name: Stone, Duncan &Lin nb�c#�PC- --i
. . . . . . . . Address: 3 N. Baltimore Streeter Y s,
. . . . . . . . Dillsburg, PA 17019 -7
. . . . . . Phone: (717)432-2089 <D c.0 r= rn
Automation Fee. . . . . . . . . . . . . . . Fax: (717)432-0158
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: brian@stoneduncan.coffl cry
TOTAL. . . . . . . . . . . . . . . . . . . . .
DECREE OF THE REGISTER
Estate of Joann R. Stoner File No: c 15—U9 I
a/k/a: tt \\ C�
AND NOW, Vt� I 1 fi� ,�J�� ,in consideration of the for going Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters
are hereby granted to Barbara S. Dean
in the above estate and(if applicable)that
the instrument(s)dated August 25, 2014
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent.
MgjziKer�ofWill
Form RW-02 rev.10/11/2011 K� (Page 2 of 2
RECORDED OFFICE OF
REGISTER OF WILLS
?015 JUN JLN 'g 'W, 1LL AND TESTAMENT
CLERK OF OF
ORPHANS' COURT
CUMBERLAND CO., PA
JOANN R. STONER
I, JOANN R. STONER, currently residing at 7053 Wertzville Road, Mechanicsburg, Cumberland
County, Pennsylvania, 17050, do hereby declare this to be my Last Will and Testament, revoking all
other Wills and Codicils heretofore made by me. I declare that I am a widow and that I have three (3)
children, Barbara S. Dean, Sandra L. Walton, and Stephen R. Stoner.
ITEM ONE: i direct that all my valid debts and the expenses of my last illness and
funeral be paid from my estate as soon as practicable after my death.
ITEM TWO: I give, bequeath, and devise all of the rest, residue, and remainder of
the property that I own at the time of my death, both real and personal, of every kind and description,
wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary
estate") to my beneficiaries as follows:
A. To my child, BARBARA S. DEAN, I give ONE THIRD (1/3) of my residuary estate. In the
event Barbara S. Dean fails to survive me, this gift shall lapse and I give this distribution to
my son-in-law, MARSHALL H. DEAN, III and the then-living issue of Barbara S. Dean in
equal shares, per stirpes. In the event Barbara S. Dean and Marshall H. Dean, III divorce,
then I want him treated as if he predeceased me.
B. To my child, SANDRA L. WALTON, I give ONE THIRD (1/3) of my residuary estate. In
the event Sandra L. Walton fails to survive me, this gift shall lapse and I give this distribution
to my son-in-law, ROGER B. WALTON, and the then-living issue of Sandra L. Walton in
equal shares, per stirpes. In the event Sandra L. Walton and Roger B. Walton divorce, then I
want him treated as if he predeceased me.
C. To my child, STEPHEN R. STONER, I give ONE THIRD (1/3) of my residuary estate. In
the event Stephen R. Stoner fails to survive me, this gift shall lapse and I give this
distribution to the then-living issue of Stephen R. Stoner in equal shares, per stirpes. I have
not provided a distribution for my daughter-in-law, BRENDA J. STONER, not for any lack
of love or affection,but for reasons that are good and sufficient to me.
ITEM THREE: Should any beneficiary of mine be under the age of twenty-five (25)
years, my Trustee hereinafter named shall hold such beneficiary's share of my estate, as Trustee, IN
TRUST and shall invest, reinvest and distribute the principal and net income of such beneficiary's share
as follows:
A. Until such beneficiary attains the age of twenty-five (25)years,my Trustee, in my Trustee's sole
but reasonable discretion, may pay or apply the income and any or all of the principal of such
beneficiary's share for the health, maintenance, support and education of such beneficiary
considering all other sources of income available to such beneficiary and known to my Trustee.
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Upon such beneficiary attaining the age of twenty-five (25) years, my Trustee shall distribute
the balance of the principal and accumulated income, if any, of each such beneficiary's share to
such beneficiary.-
B.
eneficiary:B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or become too
small to warrant placing or continuing of such fund in trust or should its administration be or
become impractical for any other reason, my Trustee, in the exercise of their sole discretion,
may pay such share absolutely to the person maintaining such beneficiary or may place such
shares in the beneficiary's name in an interest-bearing deposit in any bank, bank and trust
company or national banking association of his choosing,payable to the beneficiary at majority,
or if said beneficiary has reached his or her majority,then to him or her directly.
C. All shares of principal and income hereby given shall be free from anticipation, assignment,
pledge or obligation of my beneficiary(s), and shall not be subject to any execution or
attachment.
ITEM FOUR: I appoint my child, BARBARA S. DEAN, Personal Representative of
this my Will. In the event Barbara S. Dean is unable or unwilling to act or continue to act as my
Personal Representative, I appoint my son-in-law, ROGER B. WALTON, Personal Representative of
this my Will. In the event Roger B. Walton is unable or unwilling to act or continue to act as my
Personal Representative, I appoint my child, STEPHEN R. STONER, Personal Representative of this
my Will. I appoint my duly appointed Personal Representative(s) in the order named, Trustee of the
Trust(s) created under Item Three, above.
ITEM FIVE: No bond shall be required of any fiduciary hereunder in any jurisdiction.
No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith.
ITEM SIX: I authorize my Personal Representative(s) and Trustee(s)to exercise the
following powers in addition to those given by law,to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate,without regard to any principle of
diversification,risk or productivity;
B. To invest in all forms of property without restriction to investments authorized for any type of
fiduciary;
C. To compromise any claim or controversy;
D. To loan money to or buy property from my estate;
E. To borrow money from any person, including any Executor or Trustee, and to mortgage or
pledge any real or personal property;
F. To sell at public or private sale, to exchange or to lease for any period of time, any real or
personal property, and to give options for sales, exchanges or leases, all for such prices and
upon such terms and conditions as they deem proper;
G. To allocate receipts and expenses to principal or income or partly to each as they deem proper;
H. To repair,alter or improve any real or personal property;
I. To distribute in cash or in kind or partly in each at valuations fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the protection
of the principal;
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K. To subscribe for or to exercise options for stocks,bonds or other investments;to join in any plan
of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to
deposit securities thereunder, and to generally exercise all the rights of security holders or
employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass by
delivery;
A To add to the principal of any trust created by this instrument any real or personal property
received from any person by Deed, Will or in any other manner;
N. To exercise all power, authority and discretion given by this instrument after the termination of
any trust created herein until the same is fully distributed;
O. To use their sole discretion in deciding whether stock dividends on stock they hold in trust
should be apportioned to principal or income, except stock dividends of regulated investment
companies which shall be added to principal;
P. To commingle the assets of any trust estate created by this Will in any one or more common
funds for greater convenience and flexibility;
Q. To employ agents, accountants, engineers and such other persons, professional or otherwise, as
may be necessary for the proper administration of this estate or trust and to pay their
compensation from such funds; and
R. To disclaim all or any interest in a property passing to me or my estate.
ITEM SEVEN: I realize that Personal Representatives are given discretion by law to
make various elections which affect the income and estate taxes payable by estates and beneficiaries, as
well as the relative shares of beneficiaries, such as taking administration expenses as deductions for
either estate or income tax purposes, selecting options for the payment of employee death benefits,
electing to take a qualified terminable interest as part of the marital deduction, selecting alternate
valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and
redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be
binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take
into consideration the total income and estate taxes payable by reason of their decisions including those
payable by my survivors, and they are authorized in their discretion, but not required, to make
adjustments between income and principal as a result thereof.
ITEM EIGHT: I direct that all estate, inheritance and other taxes in the nature thereof,
together with any interest and penalties thereon, becoming payable because of my death with respect to
the property constituting my gross estate for death tax purposes, whether or not such property passes
under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no
person receiving or having a beneficial interest in any such property, whether under this my Last Will
and Testament or otherwise, shall at any time be required to contribute to or refund any part thereof;
PROVIDED, however, that this direction shall not apply to the taxes on any property included in my
estate solely because of a power of appointment thereover which I possess but have not exercised or on
any qualified terminable interest or to any generation- skipping transfer taxes.
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ITEM NINE: No gift or beneficial interest shall be subject to anticipation,
assignment, pledge, obligation, or alienation of my beneficiary(s), whether voluntary or involuntary, and
the income and principal thereof shall not be subject to any execution or attachment:
ITEM TEN: If any beneficiary, person or.entity in any manner, directly or indirectly,
contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries,
without probable cause, such beneficiary, person or entity shall pay all costs, including but not limited to
attorneys' fees, arising in connection with such contest, attack or objection incurred by my estate, such trust
or such fiduciary personally. In the event that such beneficiary, person or entity does not prevail in such
action; any share or interest in my estate or such trust which would otherwise pass to such beneficiary,
person, entity or remaindermen under this Will shall be revoked and the property consisting of such share
shall be disposed of in the manner provided herein as if that contesting person or entity had predeceased me
without surviving issue.
ITEM ELEVEN: Should any of the provisions of my Will be for any reason declared
invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions
shall be wholly disregarded in interpreting this Will.
ITEM TWELVE: This Will shall be construed, regulated and governed by and in
accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have at Mechanicsburg, Pennsylvania, on August 25, 2014, set my
hand and seal to this my Last Will and Testament consisting of four (4) pages plus any witness,
acknowledgement, affidavit and certification pages.
SEAL
J R. STO ER
SIGNED, SEALED, PUBLISHED AND DECLARED BY JOANN R. STONER, the above named
Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her
presence, and in the presence of each other,have hereunto subscribed our names as witnesses.
Wi ness Witne s
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Address Address
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SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
SS:
COUNTY OF CUMBERLAND
We, JOANN R. STONER, and
7�,SS l G(:, F G Oet , the Testatrix 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 Testatrix signed and executed the instrument as her
Last Will and Testament that she had 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 witness and that to-the best of
their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under
no constraints or undue influence.
J ANN R. STONER
C_V6
ITNESS
n 9-9 d\-L,
WITNESS
Subscribed, sworn to and acknowledged before me by JOANN R. STONER, the Testatrix
and the witnesses, on August 25, 2014.
Notary Public R 4 °**o=
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