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HomeMy WebLinkAbout09-13-05 u_ erc- LU C)~- Cj:::::' :, U.._ C)( o l.U C.) CC C? e_ llS t.:c . Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS 2..1 -05 -1l15- Estate of John L. Peffer also known as No. To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Socia! Security No. 172-26-9755 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut rix named in the last will of the above decedent, dated April 5 , 20 05 and codicil(s) dated [none} .loyC"'.A n Pp.ffer the initial EXp.~lltrix namerl in ~aid la~t will havinQ duly F!)(p.~lIfF!d her Renundafion on the date hereof. same beinQ filed herewith. (state relevant circumstances, e.g. renunciation, death of executor, etc,) Decedent was domiciled at death in Middlesex Township, Cumberland Pennsylvania, with h~ last family or principal residence at 150 Wolf Bridge Road, Carlisle (Middlesex Township), PA 17013 (list street, number and municipality) County, Decedent, then ~ years of age, died August 17 ,20~, at 150 WoffBridge Road, Carlisfe, PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution ofthe will offered for probate; was not the victim of a killing and was never adjudicated incompetent: n/a. Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (lfnot domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County VaJue ofreaJ estate in Pennsylvania situated as follows: 150 Wolf Bridae Road Middlesex Townshio Cumberland Countv $ $ $ $ 1 000 000.00 anct adioinina oarcels. WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; administration c.La.; administration d.b.n.c.t.a.) thereon. C~J;;~t);Y/~1 o Residence(s) ofPetitioner(s) Marjorie L Jones, 75 Goodyear Road, Carlisle, PA 17013 is 1--' t. - ~ ,,~ r- M c'- w-' V) Leo = C:::.;t C'-J , . Ot; LL C~., ,. LLl (~ Z--' G~ ~ LIe:: ! C_i( o ~~::~ ~~3 C_) L1J L""t:.: . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE The petitioner(s) above-named swear(s) or affirm(s) that 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 above decedent petitioner(s) will well and truly administer the estate according to law... ~ Sworn to or affirmed and subscribed {'-01JA-KlA/; ~ B>fgr,l' me this 13 day of ~ ~T12mI3[~ ,20 05 COMMONWEALTH OF PENN8YL VANIA COUNTY OF CUMBERLAND lJ") o ~lduFaM ~~.c: Estate of John L. Peffer DECREE OF PROBATE AND GRANT OF LETTERS , Deceased r",-,- =.; ll_ } 88: V> ~. a ~ ~ . I-I-05-0~IS C"") '/<r- MID N~ '$aptember 13, 20~, in consideration of the petition on the reverse side '.;Of, satit!it.;:tOry proof having been presented before me, IT IS DECREED that the instrument(s), dated II 5, 2mJji'o . , described therein be admitted to probate filed of record as the last will of ~n L. Pe~ ce.' ; and Letters are hereby granted to !1tft~orie L. Jones FEES Probate, Letters, Etc. $ Will................................. Renunciation........... ............ Short Certificates (-5) ............ JCP.................................. Automation Fee................... Filed Stephen L. Bloom, 49811 Attorney (Sup. Ct. I.D. No.) 2100 Longs Gap Road Carlisle, PA 17013 Address 717-249-7717 Phone U,! c5 _,~"c- Li:. - L.._ c:: f~~ ~1.; C:, Ui Cr: . Register of Wills of Cumberland County RENUNCIATION Estate of ,TOH~ I Also known as P~I='f'8'2 No. 0../-05- 0<61~ , deceased To the Register of Wills of Cumberland County, Pennsylvania Theundersigned .::foi'cr:D. Vf':FHcA2 6. w:L~"" (Name) ( elationship) (Capacity) of the above decedent, hereby renouncer s) the right to administer the estate and respectfully request( s) that Letters ~s-rAM.~A.Q""" be issued to MA{2 TO/l.:LF: L. .:Jo/'-..!-t. S Witness my/our hand(s) this 13..1-1- day of ~""rr-E1"\Ea2- , 2005 Affirmed and sub;,cribed before me this /;1, Ii> day of ;U cyL<,.,., b.,,.. lQi2:> ' !Jrm~e) \S-O w".....-;::(3~ {2oA.'r;:, 1-At2L"L51 ~ , p", 1701-0;: . (Address) My Commission Expires: Notarial Seal Sharon E. Bloom, Notary Public North Middleton Twp., C My Corrmission Expres August 5, 2006 Member, Pervls'/lVania Assodation 01_ (Signature) 8 -5-0f..r:, Or (Address) Affirmed and subscribed before me this _ day of (Signature) Register of Wills l/') c Dep~ (Address) !-,- r-- ",:;: 1.,_.. I (Signature-ai1Q seal of Notary or other official qtlll:lified !<(administer oaths. Show date of ewrratiot!~~f-Notary's commission) t::; C) :::i ~ (;) L.L t_r:J co, e':,) '0", '----'--'. Clc__ c; H105.8115 REV 11lJ5 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent 'filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Lli878496 No. 'f:4'~ ~A'AJ{n Local Registrar Fee for this certificate, $6.00 ~~tJ-. la, J..oo.f Date 1.1 tn c:':'.::..__ C ===- I~':_?' :::'~:,' ~~~-~~=_~~._-'~- .~_,~_____0_ V:- , :r::- --~;:: c___ ~)2~~-, ~~~77;'~ -- c::-; ",_. _ c,~__ ----jt:' -~7 ~:' '-0 --:.... ~ C),. c--., i:.J HlO~ 14.:)1'1... 21.7 COMMONWEALTH OF PENNSYlVANIA - OEPARTMENT OF HEALTH _ VITAL RECORDS CERTIFICATE OF DEATH T'lPElPIIlNl ,. PEflMAMENT ..""- 74 UHOEA1YEAA - - UHllf:RIDW -i-" DAlE-OFfIlItTH .....,..."'0..'_1 .... SWEFOl.!NtJ..ul socw..SECURlTV~A 1tAMEOFOECEOENTIFU'_C_ '. John L. Peffer 1. male '.172 -26 _(l_~ '. /6/1931 .. aTY. 8OAO. TWP Of' OEMH Mickllesex Twp. lllRT..-v.cEfC'rwand PlACliiOFDEAfHICHc:.""'l'",..,.__......"""""'"""__1 ~"'t",-,C""""~, HOSPItAl. oe Twp.., PA InpaI_O E~_U , k fTY_ilI""'..-.""'g........._~, :;"0 . COUfjlYOFOEAfH CuIOOer land M. OECEOf-NT'SUSUAlOCCUPlIIflON ~=:~:;"'::''::~:'r KlNOOFeu_SSI1tlOUSTAY 'MSOECEDENlEVEAlH USNVoIEDfOACES7 ...0 ....K1 ~ Ml'HEA'SNAMElF.., "_.lall) I 50 Wolf Bridge Rd. Carlilse. PA 17013 11_.$1-. .l'A w - "". OllllhP.rLmd -....,1 11..0 :...~=O/ UOTHEA.S.......,(Fo._._s...-...... _VoLSWU$._ ----. -- .4f[larried ,.10 11c.GQ __.__.. MiQr;11cuiwc ....... ~ ..---- 11.. Farmer ,,, iculture ~'n.s........INGAOOAEss(Sll_C~,_.q.Codo. CEDENT'S ""~ ~~"" - -- ... Durnin - ,~ . i:i ~ c ~ ~ ~ ~ N()FNAHT'S (IrP1'f'r"'" J e D. Peffer MElttODOFOISPOSITIOH O .....,Kl c.-O __,,-,-0 "'-- ou.rlSpouy' ~ ___URlEOI'~ N;; SUCH II. S _~T'S-...o .~sa...ZIlIeo.. c ~ , ~ , < .u Wa A ff) Y.f!C/-JPDL!I L-. DUE 10 lOA AS II CONSEQUENCE Oft, :L/lJ?4)ZC77o/ - .- '-- 1--- : ""'"It: 0lh0r..........___.....1O_,.... _............~_......FNRI /)s.7fJ/f} A I: OUE16iclflIlSIICONSEauEl<<;lOf) OUl.lOlOAA$IICOHSEOUENiCEOf}: WlEAEI\IJ1OPS'fFINDINGll -.u.JlLEpftIORlO OUPlEllONOI'CI\U&E ....... _A~ __ 0 "'m 0 OREC#INJUAY 1_. Oay. 'lII"'j TlMEOFIKjUflY ft,IlJAYIITWClFIK1 DE:sc:.AieiI'OllVIIUJRY(J(;CUfiRED. ~D ~JI ~O - - CEIIT.IEiIIICr-o."",~_ .CUlTIFYIIIGPtlYSICI.UI\PI>,""""'c..l#yongCMnl<lot.,._.....",...,_....,,,,"-_tIlt$"'''''.,.''-.ced...........,,,..........U......3) Tol__..."'Y.....-...._"""...-_e._c...-c.I_..__ml..... ~y I'o~~_ o o OPUCEOFINJURY-IIl_,......._.-...._ buoldi<Ig._,ISt-:,,j _. _ 0 ....0 - ~~ o 'b. ~ CooIo........"",_ - 'PflONOUNClHGANDCEfllIfYlNQ ~HY$JClAH(Ph...._"""', ~"J..."u"C...l<le.o'~ .ndc"""""""",c_ "'.....0('1 Tol__oI""UIo-..g...._OCC.......ao...._.d...._pIo<..__a."....c.......j_...............lood ''':D6CAl i.XAM_RlCQRONEA On_ItuI.o,.._nallon_orinv..l._.inn,y"p,niGn. a.Ulo<;cu,,_dall...llm_.dat_.andplK..anddu_loll._nUM(lland _...1.....,. .., REG T SSIG~ATUN:I\NOI\HJt,lfl(R F-'-ftt ~111..ll,;}.j u .yu.a 01 6 ~oo.; LAST WILL AND TEST AMENT I, JOHN L. PEFFER, of Middlesex Township, Cwnberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM FIVE hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO In the event my spouse, JOYCE D. PEFFER, shall predecease or fail to survive me by thirty (30) days, then I give such items of personal property as are itemized in a certain list, if any, attached hereto to the persons named thereon, which list is signed and dated by me at the end thereof. ITEM THREE If my spouse, JOYCE D. PEFFER, is living thirty (30) days after my death, then I give, devise and bequeath all of my estate, whether real, personal or mixed property, whether tangible or intangible, and wherever situated, unto my said spouse absolutely. Ifmy said spouse does not so survive me, then I give, devise and bequeath all of my estate, whether real, personal or mixed property, whether tangible or intangible, and wherever situated, unto my Trustee to be held or distributed by such Trustee under ITEM FIVE, C., hereof. ITEM FOUR \.1 c:) ::, l.IJ C) CL: 1..1__ c:::; G U.,t c) 0.: o c_:) L_U 0-..: In the event my said spouse, JOYCE D. PEFFER, shall disclaim all or any portion of any L'l . dev~} or b<jquest made to my said spouse under the foregoing ITEM THREE, then the amount .. oth~~s(J p~yable shall be held by my Trustee under ITEM FIVE hereof. For purposes ofthe Trust - c.. C') Page 1 of 7 Pages m c_ Ld v"j UC> c.;;:> ~.:--::> "" C) _,~ 1:_ (-,-~ G Cj established under ITEM FIVE hereof, my said spouse shall not be deemed to have predeceased me by virtue of my spouse's exercise of the right to disclaim set forth herein. ITEM FIVE RESIDUARY AND DISCLAIMER (CREDIT SHELTER) TRUST My Trustee shall hold the assets received under ITEMS THREE and FOUR hereof, if any, for the following purposes: A. My Trustee shall pay the net income, at least quarter-annually, to my spouse, JOYCE D. PEFFER for life. In addition, my Trustee in my Trustee's sole discretion, may invade the principal of the Trust for the proper and adequate support of my said spouse. B. My Trustee shall further pay to my spouse, JOYCE D. PEFFER, annually, such sum from the principal of the Trust as my said spouse may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the Trust hereunder. C. Upon the death of my spouse, JOYCE D. PEFFER, my Trustee shall distribute the remaining principal of the Trust, and any accumulated income thereof, in equal shares, unto my children, SCOTT J. PEFFER, CAROLYN L. MITCHELL, MARJORIE L. JONES, DIANE M. BEEMAN, REBECCA S. LICHTENBERGER, DAVID M. PEFFER, KRISTEN L. BITNER and LAURA R. ROBINSON, with substitution of issue per stirpes, provided, however, that the share of any beneficiary hereunder who shall be incarcerated or otherwise under legal disability at the time set for distribution thereof shall be held for such beneficiary by my Trustee, in trust, until such incarceration or disability shall cease. During such period of trust, the principal and income of such share may be accumulated or may be used and applied for the support, maintenance and education of such beneficiary at the sole discretion of my Trustee. ITEM SIX POWERS OF EXECUTRIX AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executrix and Trustee and their successors, shall have the following discretionary powers Page 2 of 7 Pages JJ;.e. applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G . To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other Page 3 of 7 Pages Htr distributee; 1. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, orto a person not adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion offiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any ofthe following ways as he, she or they may deem best: I. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; Page 4 of 7 Pages }It{ 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application or payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate, including to reform or amend the terms of any trust created hereunder to duly qualifY same for such treatment for Federal Estate Tax purposes as shall permit same to be applied against any unified credit amount that might be applicable to my estate. ITEM SEVEN PROTECTIVE PROVISIONS All income or principal held for the use and benefit of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process oflaw. ITEM EIGHT APPOINTMENT OF EXECUTRIX AND TRUSTEE I nominate, constitute and appoint my spouse, JOYCE D. PEFFER, as Executrix of my Page 5 of 7 Pages Hd: estate. In the event that my said spouse shall predecease me or fail to act as Executrix, then I appoint my daughter, MARJORIE L. JONES, as Executrix of my estate. In the further event that my said daughter shall predecease me or fail to act as Executrix, then I appoint my daughter, LAURA R. PEFFER, as Executrix of my estate. I nominate, constitute and appoint my daughter, MARJORIE L. JONES, Trustee of any trust created hereunder. In the event that my said daughter shall fail or be unwilling to act or continue to act as Trustee, then I appoint my daughter, LAURA R. PEFFER, as Trustee of any trust created hereunder. ITEM NINE WAIVER OF BOND I direct that neither my Executrix nor my Trustee shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this 5th day of April, 2005. ~i. .e( 1r---- o n L. Peffer (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed ~A~i"ili'P~C;;O~~~:~ Page 6 of 7 Pages COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, JOHN 1. PEFFER, Testator, 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 purposes therein expressed. ~ f ilfv hn i. Peffe~ Sworn or affirmed to and acknowledged before me b JOHN 1. PEFFER, the Testator, this 5th day of April, 2005. Notary Public Notarial Seal ShalOO E. Bloom. Nolary Public North Middleton Twp.. Cumbe<landCounty My Commission Expires August 5, 2006 Member, Pennsylvania _01_ COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) We, 6~t1 L -bloom and ,$, '<-o.f) ~.~ the witnesses whose n es are signed to the attached or foregoing instrument, bing duly qualified according to law, do depose and say that we were present and saw JOHN 1. PEFFER, the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and that the Testator executed it as his free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testator, signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of a e, of sound mind and under no constraint or undue influence. ~ ;:)..Jco Loc:.y /':;<y1 ~of t":F~{d(e PA 170/'3 , Address ~ ~~ ~J/. I ~ A ress jq5?J 10110/" Rd. {'~ (/sl" P.4/701-3 , Sworn or affirmed to and subscribed before me1uilii ~ d,y of ~~oo~ _ ~_Yljfj'fJ ~ Notary Pu lic Notarial Seal C:\Office - Estate Planning\10455.3h-will.doc Sharon E Bloom, Notary Public North Middleton Twp., Cumberland County My Corrmission Expires August 5, 2006 Page 7 of7 Pages _,I'llnnsytvania_Of_