HomeMy WebLinkAbout8-28-15 IN RE: : IN THE COURT OF COMMON PI,F,AS
ESTATF,OF JOHN L. WISE, : COMBERLAND COUNTY, PENNSYLVANIA
DECEASED
: ORPHANS COURT DNISION
�
: N0.21-15-0396 � o " ,=' n
' �, � •� �
— - ' o
- c� .o
N _i r
q) "�
J
PETTION UNDER SECTION 3356 OF PROBATE, ESTATES A�UD ,-' _'
FIDUCIARIES CODE FOR ORDER OF COURT DIRECTING SA`�E O�'m
VEH[CLE TO EXECUTOR OF THE ESTATE oi `° �
TO THF. HONORABLE JUDGES OP SAID COURT:
Ke�neth G. Wise, Jr., F.xecumr of the Estate of John L. Wise, deceased, respectfully
represents that:
L JoLm L. Wisc died on March 31, 2015, a resident of Cumbedand County,
Pennsylvania.
2. Deeedent left a Last Will aud Testament dated February 18, 2015, which was duly
admitted ro proba[e by the Register of Wills of Cumberland at No. 21-15-0396-0204. Lettcrs
Testamentary were issued to Kenneth G. Wise, Jr. as the 8xecutor named in ITEM X of the Last
Will and 'I�es[ament A copy of the Last Will and Testament is attached hereto as Exhibit"A".
4. Petitioner cesides at 2767 South Second Street, Steeltoq Dauphin Couuty,
Pennsylvania.
5. A[ the time of his death. John L. Wise was the owner of a 2013 Buick LaCrosse
vehicle with an appraised value of$18,606.00. A copy of the August 4,2015 Freysinger Pontiac,
GMC, Buick, Mazda, Hyu�dai, Inc. appraisal provided to Petitione� is attaehed as Exhibi["B".
6. It is [he Petitioner's desire to pucchase the 2013 Buick L.aCrosse vehiele for
$18,606.00.
�
7. The names and addresses of the�esidual beneficiaries of the F,state of John L. Wise
arc thc following:
Bethesda Mission
P. O. Box 3041
Hazrisburg, PA 17105
Lebanon Valley Collcgc
Attn: Preside�Ys Office
101 N. College Avenue
Armville, PA 17003-1400
SL Mark's Evangelical Lutheran Chumh
1099 2nd Street
Enola, PA 17025
lJnited Methodist Church of Highspire
170 Second St.
Aighspire, PA 17034
WHEREPORE, Petitioner requests that a citation be issued to the beneficiaries of the
Estate of John L. Wise, to show cause, if any there be, why ari order should oot be entered
approving the Petitioner's offer to pucchase the 2013 6uick LaCross vehicle for a purchase price of
$18,606.00.
Respectfully submitted,
��� v���i�
David C. MiLler, Jr., Esquire
Supreme Court I.D. # 36504
ll00 Spring Garden Drive, Suite A
Middletown, PA 17057
717-939-9806
davidemi I lerjr@verizon.net
At[orncy for the Estate of John L. Wise
2
V ERIFICATION
Kcnneth G. Wise, Jr., Execator of the Estate of John L. Wise, states that the facts set forth
in the foregoing Petition are true and co�rect to the bes[ of his knowledge, i�formation and belief,
and that this statement is made subject to the penal[ies of 18 Pa.C.S. Section 4904 related to
unswor� falsification ro authorities.
Date: o �•S /� �_Q�/'1iY!-CN/%/ � tt� EXFL
Kenneth G. Wise, Jr., Execu r of the Estate of
lohn L. Wise
3
EXHIBIT "A"
RECORDED OFPiCE OF
REGIST�� cr u11���,AST WILL AND TESTAMENT
?O15 PPR 9 PI� 3 '19
OF
CLER.ri �F —
ORFH���S' C0:".?
CUMu��'_�.:: _ _. , JOHN L. WIS�
I, John L. Wise, of Camp Hill, Cumberland County, Pennsylvania, being of sound and
disposing mind, do hereby make, publish, and declare this to be my Last Will and Testament,
hereby revoking and making null and void all prior Wills and Codicils made by me at any time
heretofore.
ITEM I. I direct that all my legally valid debts, funeral and administrative expenses,
and debts incurred or payable because of my death, shal] be paid by my Executor, hereinafter
named, from my residuazy esta[e as soon after my death as practicable.
ITEM II. I direct that all inheritance and estate taxes becoming due by ieason of my
death shall be apportioned. The inheritance and/or estate taxes due as a result of my bequest to
my nephew, Kenneth G. Wise,Jr., shall be paid from my estate.
ITEM III. I direct my Executor to review my Will to determine whether 7 have
attached a Memorandum of Personal Property to my Will. If I have attached a Memorandum of
Personal Property to my Will I request that my Executor honor my wishes in that Memorandum.
If I have no[attached a Memoiandum,or if I have attached a Memorand�m but it does not dispose
of all my personal property, I direct that my personal pxoperty be sold with the proceeds bei�g
added to my iesiduary estate.
ITEM IV. I give, dwise and bequeath all of the residue of my estate, whether eeal,
personal, or mixed, and wherever situated, including xny property subject to any power of
appointment which I may now have oi hereafter acquire as follows:
A. I give my sister-in-law, Sue Achenbach, if she survives me,the sum of Ten
Thousaod Dollazs($10,00090)or Two and One-Half Percent(2.5%)of my
cesiduazy estate, whichever is smaller, with the condition that the first Fifty
Page 1 of 8 Inirials: sr �GC�
f`t,.� � ��� �
Percent (50%) theieof must be conveyed to one or more charitable
organizacions described in Sections 170(c) and 2055(a) of the Internal
Revenue Code of 1986, as amended, as she in her sole discretion may
select. My Executor shal] make the distributioo(s) hereunder directly to
the elected chazitable organization(s)in such manner and at such time as my
Executor deems prudent arid appropriate. Notwithstanding the foregoing,
if Sue Achenbach does not survive me, oi has not provided my Executor
with the identity of the chazitable organization or organizations to receive
her directed contribution prior to the date prescribed for filing the
Pennsylvania lnheritance Tax return, then this bequest shall lapse and the
entire sum shall be added to the balance of my residuazy estate and
distributed under Subpazagraph F below.
B. I give my brothei, Kenc�eth G. Wise, if he survives me, the sum of One
Hundred Thousand Dollars ($100,000.00)or Twelve and One-Half Percent
(12.5%) of my residuary estate, whiehever is smaller, with the condi6o�
that the First Fifry Petcent (50%) theroof must be conveyed to one oc more
charitable organizations dcscribed in Seetions 170(c) and 2055(a) of the
Intemal Revenue Code of 1986, as arnended, as he in his sole discretion
may select. My Executor shall make the distribution(s)hereunder directly
to the elected charitable oeganization(s) in such mannec and at such time as
my Executor deems prudent and appropriate. Notwithstandi�g the
foregoing, if Kenneth G. Wise does not smvive me, or has not provided my
Executor with the idemity of the chazitable organization or organizations to
ieceive his directed contribution prior to the date prescribed for filing the
Pennsylvania lnheritance Tax retum, then this bequest shall ]apse and thc
entire sum shall be added lo the balance of my residuary estate and
distributed under Subparagraph F below.
C. I give my biother-in-law, Robert Achenbach, if he survives me, the sum of
One Hundred Thousand Dollazs ($1OQ000.00) or Twelve and One-Half
Page 2 of 8 Initials: ���'Ip-
Percent (12.5%) of my residuary estate, whicheve� is smaller, with the
condi6on that the first Fifty Percent (50%)thereof must be conveyed to one
or moie charitable organizations desciibed in Sections 170(c) and 2055(a)
of the Intemal Revenue Code of 1986, as emended, as he in his sole
discretion may select. My Executor shall make the disiribution(s)
hereu�der directly to the elected chazitable organization(s) in such manner
and at such time as my Executor deems prudent and appropriate.
Notwithstanding the foregoing, if Robert Achenbach does not survive me,
or has not provided my Exccutor with the identity of the charitable
organization or organizations ro receive his directed contribution prior to
the date prescdbed foi &]ing the Pennsylvania lnhecitance"Pax return, then
this bequest shall lapse and the entire sum shall be added to the balance of
my residuazy estate and distdbuted under Subpazagiaph F below.
U. I give my sister-in-law, Linda A. I�Iannon, if she survives me, the sum of
One Hundred Thousand Dollars ($IOQ000.00) or Twelve and One-Half
Percent (12.5°/) of my residuary estate, wbicltever is smaller, with the
conditio�that the Srst Fifry Pecce�t (50%)thereof mustbe conveyed to one
oi more chacitable organizations deseribed in Sections 170(c) and 2055(a)
of the Intcmal Revenue Code of 1986, as amended, as she in her sole
discretiou may select My Executor shall make the distribution(s)
hereunder directly to the elected charitable organization(s) in such manner
and at such time as my Executor deems prudent and appropriate.
� Notwithstanding the foregoing, if Linda A. Hannon does not survive me, or
has not provided my Executor with the identity of the charitable
organization or organizations to receive her directed contribution prior to
the date prescribed for filing the Pennsylvania l�heritance Tax retmn, then
this bequest shall lapse and the entice sum shall be added to the balance of
my residuaxy estate and distributed under Subparagiaph F below.
Page 3 of 8 ��� �
Initials:
E. I give my nephew, Kenneth G. Wise, Jr., the sum of One Hundred
Thousand Dollars ($l OQ000A0) or Twelve and One-Half Percent (12.5%)
of my residuary estate, whichever is smaller. If Kenneth G. Wise, Jr. does
❑ot survive me, I give his share to his surviving spouse. If my nephew
does not so survive me and his spouse does not sucvive me, this bequest
shall lapse and become part of the residue of my estate.
F. I give the balance of my residuary estate equally[o the following charitable
organizations without xestrictions as to use: (1) United Methodist Church
of Higbspire (located in Dauphin County, Pennsylvania); (2) Bethesda
Mission (located in Dauphin County, Pennsylvania); (3) Lebanon Valley
College (located in Annville, Lcbanon Counry, Pennsylvania); a�d (4) St.
Mark's Evangelieal Lutherari Cburch (located in C�mberland County,
Pennsylvania). If the United Methodist Church of Highspire should close,
such beneficiary's share shall ]apse in favor of Bethesda Missioq Lebanon
Valley College and St.Mark's Evangelica] Luthecan Churoh.
ITEM V. I direct thal if a�y beneficiary of mi�e eontests this my Last Will and
Testament,that beneficiaty's share shall lapse in favot of my other named beneficiazies.
ITEM V I. I direct that my Exewtor shall not be required to give bond or post any other
security for the faithful performance of duties in any jurisdiction.
ITEM VII. My person who shall have died at the same time as me, or in a common
disaster with me, or imder sueh circumstances [hat it is difficul[ or impossible to deYermine who
died first, sh�� be deemed to have predeceased me.
ITEM VIII. My Executoe shall have the following poweis in additio�to those invested
by ]aw and by other provisions ofmy Will applicable to all property, whether principal or income,
exeicisable without Court approval, and effective until distribution of al] property:
A. To retain any investments I may have at my death so long as my Executor
may deem it advisable to my Estate so to do.
Page 4 of 8 initials: 'h�wr
B. To vary investments,when deemed desirable by my Executor, and to irnest
in such bonds, common trust funds, stocks, notes, real estate mortgages, or
other securities or in such other property, real or personal, as my Executor
deems wise,without being iestrieted to so-called "legal investments".
C. In order to effect a division of the principal of my Estate, or for any other
purpose, includiug any final distribu6on, my Executor is authorized to
� make said divisions or distributions of the personalty and iealty partly or
wholly i� kind. If such division or distribution is made i�kind, said asscts
aze required to be divided or distributed at their respective values on the
date or dates of their division or distribution.
D. To sell eithec at pubiic or private sale and upon such terms and conditions as
my Executor may deem advantageous to my �state, any or all real or
persooal estate oi interests therein owned by my Estate severally or in
conjunction with other persons or acquired after my death by my Executor,
and to consummate said sxle or sales by sufficient deeds oi other
instruments to the purchaser or purchasers,conveying a fee simple title,free
and clear of all trust and without obligation or liability of the purchaser or
purchasars to see to the application of the purchase money o� to make
inquiry into the validity of said sale or sales; alsq to make, execute,
acknowledge, and deliver any and all doeds, assignments, optio�s, or other
w�itings which may be necessary oi desirable, in carrying out any of the
powers conferred upon my Executor in this pazagraph or elsewhere in my
Will.
E. To mortgage real estate, and to make leases of real estate for any period of
time as my Executor may deem reasonable.
F. To borrow money from any party to pay indebtedness of mi�e or of my
Estate, expenses of administration, or inheritance, legacy, estate, or other
taxes.
Page 5 of 8 Initials: �� ��
G. To pay all costs, taates, expenses, and chazges in connection with the
administration of my Estate. My Executor shall pay expenses of my last
illness and funeral expenses.
H. To vote any shares of stock which fonn a part o£ my F.state, and to
otherwise exercise all the powers incident to the ownership of such stock.
I. To compromise claims and to abandon any property which, in my
Executor's opinion, is of little oc no value.
ITEM IX. The interest of beneficiazies he�eunder shall not be subject to anticipation or
to voluntary or involuntary alienation.
ITEM X. I hereby appoint my nephew, Kenneth G. Wise, Jr., now of Steelton,
Dauphi�CounYy,Pennsylvania, as Executor(the "Executot"),of this,my Last Will and Testament.
In the event of the iefusal or inability of such named person to so serve, I then nominate and
appoint my accounta�t, Robert Pazks, CYA, now of Palmyra, Lebanon County, Pennsylvania, to
serve in such capaciTy as Executor.
1N WITNESS W HEREOF,I have hereunto set my hand and seal to this my Last W ill and
�
Testament, consisting of eight (8)typewritten pages, this � �} day of February,2015.
��_ �w �Y (SEAL)
Jo � . Wise
We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published
and declared by the above-named Testator, John L. Wise, as and for his Last Will and Testament,
in the presence of us,who at his requcst and in his presence and in the presence of each other,have
hereunto set our kiands and seals the day and yeaz above written, and we cer[ify tha[ at the time of
the execution thereof,the said Testator was of sound and disposing mind and memory.
i
�rvi residing at `'i �S� ,Q 201- � � t
�',l�ec�e.x tr�ut2 ��'/�Of
��p,� ��y ,y��� residing at ��{9� � ;aa�
� ti� 705G
Page 6 of 8 Ini ials:� .,,,_ ___
COMMONWEALTH OF YENNSYLVANIA .
. SS.
COUNTY OF DAUPHIN .
We, John L. Wise, the Testatoi, and '�Ynmy ��qu��U� � �d
� i 9j"1cL A r n� �C� , the wifiesses, respectively, whose names aze signed to the
foiegoing instnunent, being fitst duly sworn, do hereby declare to the undersigned authority tl�at
the Testatox signed and executed tUe instrument as Ms Last Will and that he had signed willingly,
and that hc executed it as his free and voluntary act for the purposes therein expressed, and that
each of the wiMesses, in the presence and hearing of the Testator, signed the Will as witness and
that to the best of his or her knowledge the Testaror was at that time eighteen yeazs of age or older,
of sound mind and under no constraint or undue influence.
�'iN �'�. ti.JLvtx�
JohnL.p ' e
C�� tw, i�` �
Witness
� /�� I
�. � (Jl� m a.�rY`
Witncss
Subscribed, sworn to and acknowledged before me by the Testator, John L. Wise, and
subscribed and sworn to before me by `rarY�/Yiy Dr'4�haUC�l..� and
Y� i,`i1')C� Arn�(c� , witnesses,this � ��`-day of February, 201�
� ��)Yl!3� �. �A � i/S/.l(k'YY��
Notary Public
(SPAL)
COMMONWEALTH PENNSYLV Nl
No�atlal Seal
Bonnie L.williams, Notary Publk
lnwer Swamra TwP.. �uphln COWM1Y
My Cm�mlssbn bPires Aprll 10, 201]
Page 7 of 8 Initialsk��� V� �
LAST WILL AND TESTAMENT
OF
JOHN L. WISE
MEMORANDUM OF PERSONAL PROPERTY
I request that my Executot honor my wishes and distribute the following items of personal
property to the individuals or entities stated:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Page 8 of 8 Initials: F .� T
�ad�ru
EXHIB IT " B "
�::�,-'il�.�-��7}�t� `'� � �� n � � *p�'S�'`-4- 3� i i �: W P ��
-{P:4 -��5'�� ,z�,€�-E:�.i� -i i'SS -e� �� s i • �.
F�� r c�v—} `-*, xz 1"'s�azr '$ �'y � . �`���� � ��
Y 3`tiE �.-�v'��,._ ,"'�`S '�'v, S-r�r,�,�r+F _ '+ t 35"', i �yb
�;�-� �����,�"�= '�����t�L�jar�n+��p��!�6�R�.n tl�(�F�'l�M�,�ct
. ..,��� ,, , .f � -����c�,m�.rtea�xt�� �t+a�nu��.�.�� �e� p�s���+k �.
��� ��-��,� x��� � � �` � �
a
�' '���p�5�,'�, " . � � ' - +
,��"3�� 4�;�'3'x"'� �'if y •< � y . . ' : �
a �
� -�--�'A €��-�", -�-� T�. � .� �E ti � �, `i� ' . :
���, ������ a4cblEr�,��,�^�$ �'"�r.�'� �'}��Y-�� -.��i�c z,�-= -
� �
�# �..-..,,---`.�..�.
� m
k�.: .�-�.�z"-�"'�`g-�' � .a ��=�- i. 's; ��„z i - £ ' : �� .
— f r i����X�sF�` ��}�� ' -
F��F� �� ���..* ; #�+�T�`L�$ i�'�9 ����.. ,- '� -,..r ,r a �
�3 z� ;
-r �'�f�1F'tc � �� i5� ' �ttS�,�,i}h_,A � 4^ii�-e' a�-.> ..�^�'d �
�� ' �� � �� - �� - � �r � _
ra�; �� � s � L _
�"� F1A:C��' Y.AZ�"A'�.S C3F - 2Z� ���i�'�*'r'3
t'�' ^'`°�' f��� ' = x
� �� X� � {
� `�� � :-������ ���.�3?...`d�Yi;as,,,,, .S`�..t�.-7�L �,� ��.J,b�
� f#t ,�
� "_ � a" t.. "' A�F �`' . c.i �.Ih.�"..���- ��;\FT. ����I�j�'ci . J
� �� � � i
��'�"�? � � ''�i��„�nia f6� :�� �tUR�� ��� .$/il¢: �
F ��
��.5. � �� L �`� i7
� ��� � i x _ �� � :' _ - '�:1
�' i 7
�. � ��i� z\AY7Tt�'Abdih�s k`1`t��71�f� 1��t 3
-e.- � `T-t= _ - i
�`� "� : �K��e� r� - ;
�r� �� " `� � �i?l Ft�ZSaLfl�I��-= .3
�^� �s�' ; < � a----.V., — ..
''- �-�{ ��€ �Y � x � �� � .�
�� �' �� � � s ,e ��`� �`�c�51��5 ��c-3�K.Ss� ?
�� `h � .. m�a .
- . �����'��-�� � �. *� '�
i y-k �
_ ���-"4a.£.2�L'S.."�¢c4..� F - _ ` �
'h" Y 'y��3
' _� �.` �'Y�ry�c -�y , j
T �
.�-� �A $v� htvu- ; � " _
. , �� � �� ', - <
� " � � � e� � � � �
�' £
���, Y` -t�'�3.-���� �-e .; -i, , � ��- s:�t-�.�ar�� ���.,
�-Y
'�. ���"���� �r'��"���:� � �'�>..? � 1" .�V'+ c''��. �k�� r�
�� �;a
__,�;+.. -�,���`� ��,*-�£,� g����,�� � ,����.� 0.">"�
��� ���
��� � ��- -
- ��� � ��'�� ���� ��� ��
-w � ��� �y� ����,�� � ����z
� � -� �=�� ��` -�`���_.
�
,��
_ p� `�, � ., � �" ��,_
- __ _ _ ��Y."��'�. -�' Yip.- ' 4 - _
�.F.,a.' '" - _ -
- - _����. �" :i''Y�^i,� . r . -. . .