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HomeMy WebLinkAbout05-04-05 PETITION FOR PROBATE and GRANT OF LETTERS '")....-I\:)S-~'\-3. Hilda M. Oppel No. To: Register of Wme:ror fihe 1 d , 18Deceased. County of um er an in the Social SeCurity No. 1 0]. -1 ]. -:, 7 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(l9, who is/_I 8 years of age or ol<;ler an the execut or in the last will of the above decedent, dated Apr1.l 2 lflIlk~~)t1laUllX Estate of also known as :l!J~'Wlf~ ,- (state n;levant circumstances, e.g. renunciation. death. of executor. etc.) Decendent was domiciled at death in her' last family or principal residence at East Fennsboro Township (list street. number and muncipality) Cumberland ~ounty, Penllsylvania, with 145 S. Enola Dr1.ve, Enola, Decendent, then 84 years of age died May 28 liJ 2003 at Holy Spirit Hospital, East Fennsboro Twp., Cumberlana cou~ty Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompete9-f:. none Decendent lit death owned property with estimated values as follows: (If domiciled:m.Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not dOllliciled in Pa.) Personal property in County $ Value of real QState in Pennsylvania $ situated 1\S follows: Liti qation Only - No Assets WHEREFORE, petitioner(~ respectfully request(s) the probate of the last will UJt~) presented herewith and the grant of letters testamentary {testamentary; administration c.La.; administration d.b.n.c.La.) theron. ~ i% ~t~ r::'o~ ~a 441 N. Enola Drive ;~ Enola, FA 17025 3~ O~ 30 ;;; c ,. in ,--> C:-".:) 5; - .~ -, ~": 1-- ::;""" ::..~ C,:) N N C) -;'I~\ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I ss COUNTY OF CUMBERLAND f The petitioner(J\l above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and corfect to the best of the knowledge and belief of petitioner(~ and that as personal represen- tative~) of the above decedent petitioner(iIJ will well truly ~dminister the ~tlat~ according to law. Pl. (()I..j.J( Sworn to or, aff irrned and subscribed { ')( '" before me this U. .." day of re er1.C . ppe ~. G.~~~~:" ...~ ~'\:405 ~ ~""-.~~. ~.." ~'I\.' Regi r' ~ No. "l.. \ - ~ S . '-\ '-3, Estate of VI'!...'\:)\>- ~. ~~~~L , DeCeased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW '\t'\ ~'^' 1..\'. i., ~ ~ S )0. , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated ~ ~ ,\;, ....~<;::, ":).. . described therein be admitted to probate and filed of record as the last will of ~,'-~~ v... ~~I\.,",I... and Letters ,C;::~ ~"'....~ \>...." are hereby granted to ~""~~~~, It\(.."'. ~~ ~x.L.. ~~ ~~, 'I ~ FEES Probate, Letters, Etc. ......... $ Cl.~ Short Certificates(') .. .. . .. ... $ '\ R~u..fteiati8B .'N\\'-:.......... $ \S . :I~~ \ ~"''<,,-.....'*'''.. $ . ,S TOTAL _ $ SI.l.. Filed .. ..~.-. ~.-.~S................... L (717)236-9577 PHONE HI05.'05 REV'''' "l..\ -~S - L\ \ ~ This is to certifY that the information here given is cortectly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to tne State Vital Records Office for permanent filing. WARNING: It is Illegal to duplicate this copy by photostat or photograph. p 9265839 Date Fee for this certificate, $2.00 ~k~"'7f' - Local Registrar MAY 312003 Ll- e) C/') LLJ -.1 o CC u.. C~) >- ;~2 ~ (:.:;:) = "" .,14....2M7 OFDtCEDENfIf-. Middlil.l_ L .......~ UNDEfIIl'l'lNl 84 Yf'I. ........ J 0.,. "'...... No. N N c.o 0;-;::;;': _.ct' I (3 COMMONWEAlTH OF PENNSVLVANIA. DEPARTMENT OF HEALTH. VtTAl RECORDS CERTIFICATE OF DEATH .., SWf.rlll~ SOCtALSECUJWTYNl..IM8f:Jl '.Female .. 162- 12 - 5187 PtAC:EtY'DERHlC'-........_-- _~nn"'" SIIMl ...0 at-...:=:..~=:r Cumberland E. ~ . ~..:::..~ -- Married - ........~_1WIlIII Howard M. (1-4orh) GM::UlDCt'SMM.INO..........~....l)pCodll 145 S. Enola Drive _ Enola, Pa 17025 MPU'S1lINilE,..........u.t I1;NllTI; ........--.......~wfIidlCllUMllf..........,DQ .......-'*"'..~.... IMMI(I"........ pp,nn!lll:ylv6'lni.r:ll QId 'hoG.................. - "'ill. Cumberland ---' ,HO:'-=:::::: .SH.ulElf.Il".,....."'--"SuI-., .. R::llct- Dcnl"iaht"toT"n ,n. SYAoUMClADllfllSS~~""liPc:.a.. 441 N. Enola Dr. Enola f'lACEOF -N.-...c....."er....,. ._- Pa 17025 .. 2003 .Lolling Green Mem Park Camp Hill, Pa ANDAllCAESIOIFMC:lUTY ,....... ...- "'.. ........ 10 ...0 t. l==-~ :............ , , , .... ~ OUE'lDfORASACClNlIEOUftrCEOf): ...."'''''''' lNAJAY1iIW0AK7 DEtt:M!EHClWHAlAYOCCI.MN:D. ..0 ~R(W7 _ 0 _ 0 o o o - -- ..... 0 NlIO .. OFNJURy.A1__....._.~DMc. _.I~1 LClCRION.....~,... Ca.M." ......- ... - 0-,..."..... .CIlIfW'ftIIltI'lttftlClM~~_dClllllb.......__,~_~.-_~.....231 ..........................................-.(.,.....-........... ........ ........ ......... ... .r D lANOCIlnW'Y..f'NYtICIAII'~bclhpl~.....MotJ~...~"'.....1 ...........,.................---.....................................~.....,-.............. -...cAA. _a......tII#COflIONER o.........",................IowtI..........IIn.r~.......ec__....I.....dat..and,uc.._..to 1M _~.I and ,-...........................-.-.......--...........................-......................................,. "L AEGIS1JWIrjAlfG'UI\lRE'AMD ....... / /"., :#'n ~~ -"_" jL..- ... . 1..6 1 lot, III 1 ~I ..:lDO -' " I LAST WILL AND TESTAMENT OF HILDA M. OPPEL I, HILDA M. OPPEL, now of East Pennsboro Township, Cumberland County, Pennsylvania, do hereby declare this to be my Last Will and Testament and hereby revoke all prior Wills and Codicils made by me, ITEM I. I direct that all of my just debts and funeral expenses, including the cost of my gravemarker, if any, shall be paid from my residuary estate as soon as practical after my decease as a part of the administrative expenses of my estate. ITEM II. I give and devise all of my estate of every nature and wherever situate to my husband, HOWARD M. OPPEL, provided he survives me by thirty (30) days. ITEM III. Should my husband, HOWARD M. OPPEL, predecease me or die on or before the thirtieth (30th) day following my death, I then give and devise all of my estate of every nature and wherever situate in equal shares, share and share alike, to my children, FREDERICK M. OPPEL and CAROL ANN SEBASTIAN, or their issue, per stirpes. Should either of my children predecease me without issue surviving, I give such deceased child's share to my other child, or their issue, per stirpes. ITEM IV. If any income or principal shall be payable to any person who shall be under the age of twenty-one (21) or who shall be incapacitated for any reason, my personal representative, ~;I11lstee, shall h04lsuch income and principal for such beneficiary until the age Zr-' .') ... '1..} 1'.."1 11~ .)w\, ~ Hilda M. Oppel . /..,1( - ~ of twenty-one (21) or during incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person without the appointment of any guardian or committee or any authority of court, and shaII be entitled to make direct application hereunder or to make application by payment thereofto the parent or other person in charge of such person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act, or to the person. Any remaining income and principal to which such person shall be entitled shall be paid and distributed to such person upon attaining age twenty-one (21) or termination of incapacity. ITEM V. I appoint my son, FREDERICK M. OPPEL, Executor of this my Last Will and Testament. Should he fail to qualify or cease to act in such capacity, I then appoint my daughter, CAROL ANN SEBASTIAN, Contingent Executrix of this my Last Will and Testament. No bond shall be required by my personal representative in any jurisdiction. ITEM VI. In addition to the powers given by law to my personal representa- tive(s) and trustee( s) [hereinafter fiduciaries] in the administration of my estate and of any trust(s) created herein, they shall have the following discretionary powers applicable to all real and personal property held by them, including property held for minors, effective without court order until actual distribution. A. To retain any property owned by me at my death and to invest any funds held by them in any stocks, bonds, notes or other securities or property, real or personal, including common trust funds, mutual funds and money market deposit accounts operated or offered by my corporate trustee, if any, or any affiliate of it. tUt- ~. ~ Hilda M. Oppel 2 J B. To sell or otherwise dispose of any property, real or personal, at any time forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the application of any monies paid. C. To manage, operate, repair, improve, mortgage or lease for any term [even if beyond the duration of the trust(s)] any real estate at any time held or owned by them as fiduciaries. D. To hold investments in the name of a nominee and exercise and dispose of warrants. E. To engage in litigation and compromise, arbitrate or abandon claims and property. F. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and to do all other acts which I, in my lifetime, could have done, or to delegate such powers to a partner, manager or employee without liability for any loss occurring therein. G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by law; to distribute in cash or kind or partly in each at valuatious fixed by the fiduciaries. H. To borrow money, including the right to borrow from any corporate trustee, if any, and to mortgage or pledge as security or to hold its own stock if a corporate ~xe.L. D ~ )1't1. Ct/I~- Hilda M. Oppel 3 l-( I. To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto. J. Should the principal of any trust herein provided for be or become too small in trustee's opinion so as to make establishment or continuance of the trust inadvisable, my trustee(s) may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportion they are then entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise have an interest as succeeding income beneficiary(ies) or in remainder shall cease. K. In general, to exercise all powers in the management of the assets of my estate or the trust estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this will or any trust(s) created herein. 1. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumptions. 14~ ~. wlQo 0 Hilda M. Oppel 4 / s-. N. All principal and income shall, until actual distribution to any beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any fiduciaries. Provided, however, any beneficiary may assign any part or all of the beneficiary's interest in my estate or the trust(s) to anyone or more of the beneficiaries or my descendants. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of April, 2002. I 1 ^ _. -,.... eP J.. a :j.-~ <to\' , Hilda M. Oppel The preceding instrument, consisting of this and four other pages, identified by the signature of the testatrix, was on the day and date thereof signed, published and declared by Hilda M. Oppel, the testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in her pre . ,sence of each other, subscribed our names as witnesses hereto. d qO/V2~AcJ~~9' fl.. / ~~-'/ d<oJ~! 3&>3/ )1. hZ~ ./L~, a~/)t 5 .' fo ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN 1, HILDA M. OPPEL, testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last Will, that I signed it willingly, and that I signed it as my free and voluntary act for the pmposes therein expressed. _~ YvYl. f!)#..L Hilda M. Oppel Swom or affirmed to and acknowledged before me, by Hilda M. Oppel, testatrix, this 2nd day of April, 2002. ~.K~ No Public AFFIDAVIT My Commission Exp' -es: NOTARIAL SEAL . 1 HOllY S. KIRK. Nqlary Public Harrisburg, Dauphin Counly My ComfTIl~s!on EXP~eb. 15, 2003 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN We, ic1lltro.. J..... !1Q and .J)onc!ra.. L. Bf/Y10W; the witnesses whose names are signed to the attach or foregoing instrument, being duly q lfied according to law, do depose and say that we were present and saw testatrix sign and execute the instrument as her last Will; that she signed willingly and that she executed it as her free and voluntary act for the pmposes therein expressed; that each ofus in the hearing and sight of the testatrix signed the Will as witnesses; and that to the best of our kg! ge th . was at that time 18 or more years of age, of sound mind and under no c " . e L~~ Sworn to and subscribed before me this 2nd day of April, 2002. l SEAL ic HOllY S. KIRK, Notary Public Harrisburg, Dauphin Counly My Commission Expires: My Commhs!on Expires Feb. 15. 2003