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HomeMy WebLinkAbout08-28-15 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: Vicki L.Bennett Decedent's Information �} Name: LeRoy P.Wingert File No: 21-15 - 0930 a/k/a: LeRoy Paul Wingert (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 08/16/2015 Age at Death: 85 Decedent was domiciled at death in ,Cumberland County, PA (state)with his/her last principal residence at 15 Lenox Court,Mechanicsburg 17050 Silver Spring Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Pinnacle Health West Shore Mechanicsburg 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 $ 60,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 152,900.00 TOTAL ESTIMATED VALUE $ 212,900.00 Real estate in Pennsylvania situated at 15 Lenox Court Silver Spring Township Cumberland (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 and Codicil(s) thereto dated Dolores M Wingert,spouse of LeRoy P.Wingert died on April 15 2015 State relevant circumstances(e.g.,renunciation,death ofexecutor,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. c- _© ®NO EXCEPTIONS F1EXCEPTIONS C ❑ B. Petition for Grant of Letters of Administration (If applicable) f ata.,d.b.n.,d.b.n.c.t.a.,pedente fife' ddtanba-absentia.duratit` m ritate 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. f�� t Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce has been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. 4„D < =Ta �' ❑NO EXCEPTIONS ❑ EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follQwihy spouse I ny)iFW jars(attach additional sheets,if necessary): t r Name Relationship Address Vicki L.Bennett Daughter 800 Bentzel Road Lewisberry,PA 17339 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 Vicki L.Bennett 800 Bentzel Road Lewisberry,PA 17339 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 S belief of Petitioner(s)and that,as Personal Representative(s)of thq Decedent,Petl'oner )will well and truly administer the estate a ccor¢j .tOJe r� Sworn to,or,a Irmed an bscribed fore `6f iX: d' d7 /me thi day of Date y. Date r e Date BOND Required? n YES g/NO To the Register of Wills: FEES: J Please enter my appearance by my signature below: Letters.......................................... $ /�' Attorney Signature: ( )Short Certificate(s)......... ( )Renunciation(s).............. C.��IKl1/ =a,fiL ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Jeffrey R.Boswell,Esquire ry _ Bond............................................. c.r-t rT1. Supreme Court 25444 O rn Commission......... ID Number: Other i M a n O Firm Name: Boswell Tintner&Piccoia D r— N .T} r"t C� Address: 315 North Front Street co r� =D Harrisburg,PA 17101 ^3 �i r G� Phone: 717-236-9377 Q3 ri Automation Fee............................ Fax: `71-1 JCSFee....................................... `_ /� TOTAL......................................... $ i E-mail: \�osw�tt b+QKlaw ' eovil (01 DECREE OF THE REGISTER Date of Death: 08/16/2015 Social Security No: Estate of LeRoy P.Wingert File No: 21-15 — a/k/a: LeRoy Paul Wingert AND NOW, ca in consideration of the foregoing Petition, satisfactory proof having been presented b9fore me, IT IS DE814EED that Letters Testamentary are hereby granted to Vicki L.Bennett in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of recor*( 2011 t Will(and Codicil(s))o cedent. of Wills Copyrm software only The Lackner Group,Inc. e 2 of 2 H105.805 REV(9/11) ry LAST WILL AND TESTAMENT a o � T.) c. r o LEROY P. WINGERT _: , I 00 - r t' G" C7) # Jeffrey R. Boswell, Esquire Boswell, Tintner&Piccola 315 N. Front Street Hmi-risuura, Pennsylvania 17101 (717) 236-9377 ry C C.r1 C, rn C7 LAST WILL AND TESTAMENT OF '� ', ' ry —' c7l LEROY P. WINGERT Introductory Clause. I, LEROY P. WINGERT, a resident of and domicile in e2 co Township of Silver Spring, County of Cumberland and Commonwealth of Pemisylvaania,;4or" hereby make, publish, and declare this to be my Last Will and Testament, hereby rev&nggll" Wills and Codicils at any time heretofore made by me. I am married to DOLORES M. WINGERT. I have two living children: VICKI L. BENNETT and MICHAEL L. WINGERT. ITEM I PAYMENT OF DEBTS Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM II PAYMENT OF TAXES Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death, or similar taxes assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. ITEM III BEQUEST OF PERSONAL EFFECTS Bequest of Specific Item of Personal Effects. I give and bequeath to my daughter, VICKI L. BENNETT, if she shall survive me, the diamond engagement ring. ITEM IV BEQUEST OF PERSONAL EFFECTS General Bequest of Personal and Household Effects with Precatory Memorandum. I give and bequeath all my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, automobiles, and other vehicles, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, to my daughter, VICKI L. BENNETT, if she shall survive me, per stirpes. If my issue do not agree to the division of the Last Will and Testament of LeRoy P.Wingert Page I and such successor or substitute Executor shall possess all the rights,powers and duties, authority, and responsibility conferred upon the Executor originally named herein. ITEM VIII EXECUTOR POWERS Powers for Executor. By way of illustration and not of limitation and in addition to any inherent, implied, or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot,allocate between principal and income, assign,borrow,buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease,manage,mortgage, grant and exercise options with respect to,take possession of pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right,upon such terms and conditions as to my Executor may seem best, and to execute and deliver any and all instruments and to do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ITEM IX TREATMENT OF MINOR BENEFICIARY'S SHARE Provision for Executor to Act as Trustee for Beneficiary Under Age Twenty-One. If any share or property hereunder becomes distributable to a beneficiary who has not attained the age of twenty-one (21) years or if any real property shall be devised to a person who has not attained the age of twenty-one (2 1) years at the date of my death,then such share or property shall immediately vest in the beneficiary,but notwithstanding the provisions herein,my Executor acting as Trustee shall retain possession of the share or property in trust for the beneficiary until the beneficiary attains the age of twenty-one(21),using so much of the net income and principal of the share or property as my Executor deems necessary to provide for the medical care, education, support and maintenance in reasonable comfort of the beneficiary,taking into consideration to the extent my Executor deems advisable any other income or resources of the beneficiary or his or her parents known to my Executor. Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share or property shall be paid over,distributed and conveyed to the beneficiary upon attaining age twenty-one (21), or if he or she shall sooner die, to his or her executors or administrators. Whenever my Executor determines it appropriate to pay any money for the benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be paid out by my Executor in such of the following ways as my Executor deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative or friend for the care, support, and education of the beneficiary; (4) by my Executor using such amounts directly for the beneficiary's care, support, and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Act. My Executor as trustee shall have with respect to each share or property so retained all the powers and discretions conferred upon it as Executor. Last Will and Testament of LeRoy P.Wingert Page 3 property among themselves, my Executor shall make such division among them, the decision of my Executor to be in all respects binding upon my issue. I request that my Executor and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. This request is precatory and not mandatory. If any beneficiary hereunder is a minor,my Executor may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Executor. The cost ofpacking and shipping such property shall be charged against my estate as an expense of administration. ITEM V RESIDUE DISPOSITION Outright Gift of All Property to Children, Contingent Gift to Named Beneficiary. I give, devise and bequeath all the rest, residue, and remainder of my property of every kind and description (including lapsed legacies and devises) wherever situate and whether acquired before or after the execution of this Will, absolutely in fee simple to my daughter,VICKI L.BENNETT, per stirpes. ITEM VI EXECUTOR APPOINTMENT Naming the Executor,Executor Succession,Executor's Fees, and Other Matters. The provisions for naming the Executor,Executor succession,Executor's fees,and other matters are set forth below: (1) Naming an Individual Executor. I hereby nominate, constitute and appoint as Executor of this my Last Will and Testament VICKI L. BENNETT and direct that she shall serve without bond. (2) Naming Individual Successor or Substitute Executor. If my individual Executor should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, the successor or substitute Executor who shall also serve without bond shall be R. BRIAN BENNETT. (3) Fee Schedule for Individual Executor. For its services as Executor, the individual Executor shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. ITEM VII MEANING OF EXECUTOR Definition of Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, Last Will and Testament of LeRoy P.Wingert Page 2 ITEM X DISCRETION REGARDING TAX MATTERS Discretion Granted to Executor in Reference to Tax Matters. My Executor as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal,to snake adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Executor believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Executor shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine A. nether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions and shall have the discretion to file a joint income tax return with my wife. ITEM XI DEFINITIONS RELATING TO FAMILY Definitions of Family. The following definitions shall be used to define the family: (1) Definition of Children. For purposes of this Will, "child" or "children" includes individuals entitled to take as a child under the laws of the Commonwealth of Pennsylvania by intestate succession from the parent whose relationship is involved. Not included in this definition shall be either a person who is only a stepchild, a foster child, a grandchild, or any more remote descendant or a person who is otherwise excluded by the terms of this document. "Issue" of an individual means a descendant of an individual. A "descendant" of an individual means all of his (or her) descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained the laws of the Commonwealth of Peiulsylvania. The terms "child," "children," "issue," "descendant," and "descendants" or those terms preceded by the terms "living" or "then living" shall include the descendant of the parent designated even though such descendant is born after the death of such parent. (2) Exclusion of Specific Family Member. For purposes of this Will, and notwithstanding any other language or provision contained in this Will to the contrary, I do specifically exclude Dolores M. Wingert,my spouse, as a beneficiary under this Will. Dolores M. Wingert shall not be deemed to be a member of any class definition of beneficiaries contained in this document. This Will shall be interpreted as if Dolores M. Wingert shall have predeceased ire. (3) Exclusion of Specific Family Member. For purposes of this Will, and notwithstanding any other language or provision contained in this Will to the contrary, I do specifically exclude Michael L. Wingert, my son, as a beneficiary under this Will. Michael L. Wingert shall not be deemed to be a member of any class definition of beneficiaries contained in this document. This Will shall be interpreted as if Michael L. Wingert shall have predeceased me. Last Will and Testament of LeRoy P.Wingert Page 4 (4) Definition of Per Stirpes. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in-the Pennsylvania Probate Code. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this the>�r��, day of June, 2014. \' rM (SEAL) LEROY P. WINGER Attestation Clause. The foregoing Will was this the Zl` day of June, 2014, signed, sealed, published, and declared by the Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. of Cu I JEF Y R. BOS LL,ESQUIRE of BRAD STIFFLER Last Will and Testament of LeRoy P.Wingert Page 5 PROOF OF WILL COMMONWEALTH OF ) PENNSYLVANIA Self-Proving Affidavit COUNTY OF DAUPHIN ) We, LEROY P. WINGERT, JEFFREY R. BOSWELL, ESQUIRE, and BRAD STIFFLER, 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 as his Last Will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it 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, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. (Ln (,- N' LEROY P. WINGERT TESTATOR JEFF a R. BOSWELL,ESQUIRE WITNESS BRAD STIFFLER WITNESS Subscribed, sworn to, and acknowledged before me by LEROY P. WINGERT, the Testator and subscribed and sworn to beforee by JEFFREY R. BOSWELL, ESQUIRE and BRAD STIFFLER, witnesses, this the Zr5"� day of June, 2014. (SEAL) Notary Public for Pennsylvania My commission expires: e - /G COMMONWEALT'H OF PENNSYLVANIA Notarial Seal Connie L.Hardy,Notary Public City of HaMsburg,dauphin County My Comrnlssion Ex I Feb.16 2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Last Will and Testament of LeRoy P.Wingert Page 6 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA OF CU R . No. 2015- 00930 PA No. 21- 15- 0930 Estate Of: LEROY P WINGERT O D �A . (First,Middle,Last) v alk/a: LEROY PAUL WINGERT Late Of: SILVER SPRING TOWNSHIP N N CUMBERLAND COUNTY Deceased 1750 Social Security No: WHEREAS, on the 28th day of August 2015 an instrument dated June 25th 2014 was admitted to probate as the last will of LEROY P WINGERT (First,Middle,Last) a/k/a LEROY PAUL WINGERT late of SILVER SPRING TOWNSHIP, CUMBERLAND County, who died on the 16th day of August 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: VICKI L BENNETT who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fud yo agjaears of record in my office at CUMBERLAND COUNTY COURT HOUSE, C. ,RL-fSLE PENNSYLVANIA. C-.' � cn N -T,ES7IIN�QN�'� WHEREOF, I have hereunto set my hand and affixed the seal oT) y ofic`�e�-or , the 28th day of August 2015. W 1,1.1 co CZ c Z) F-- n/ C — C-3 Com? wCL Uj j CZE C.,R ister of Wil C-:Q: L O put **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)