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HomeMy WebLinkAbout09-13-05 . .-r-. nr-c!('C CC OCrnrr\..u \F' ,'JL ; 11....'.1..... ._c.'>-- __,_' '{' Register of Wills of Cumberland ~tmfY\." , 1'-.","'" 2ilU5 SE? \ 3 AH 10: 04 Estate of Vema Gutshall also known as "11"':;',( PETITION FOR PROBATE and GRANT OF LET~-" . ( r.\:' ,-.-- No. 21-05- ~\3J- To: . Deceased Register of Wills for llie County of Cumberland in llie Commonwealth of Pennsylvania Social Security No. 170-12-7431 The petition of 1he undersigned respectfully represents lliat: Yourpetitioner(s), who is/are 18 years of age or older, and llie execut rix named in llie last will ofllie above decedent, dated October 18 , 20 00 and codicil(s) dated nla (state relevant circumstances" e.g. renunciation, death of executor~ etc.) Decedent was domiciled at dealli in Cumberiand Pennsylvania, willi h.!ilast fiunily or principal residence at 344 Greason Road, Cariisle, PA 17013 County, (list street, number and municipality) Decedent, llien ~ years of age, died May 17 . 20~ at Cariisle, PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of llie will offered for probate; was not llie victim of a killing and was never adjudicated incompetent: Decedent at dea1h owned property willi estimated values as follows: (If domiciled in Pa.) All personal property $ 10,000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ 80,000.00 situated as fullows: 344 Greason Road Cariisle West Pennsboro Townshio Cumberiand County PA 17013 WHEREFORE, petitioner(s) respectfully request(s) llie probate of the last will and codicil(s) presented herewith and the grant of letters Testamentary (testamentary; admioistration c.l."; administration d.h.n.c.t...) lliereon. Si~~er(s) i- q. -;;;!j Judy C. Monnett 1500 Longs Gap Road, Cariisle, PA 17103 Residence(s) ofPetitioner(s) . . f' ~a'_'4::; rD r,,(:!!,: I': Register 0 WIlls of Cumberland CGwujJ: ;'j1,\,L- ., ^_ .:-.T~[~ (Or ',',_\,_ : 2Q05 SE? 13 1111 \0: 04 (~\ FP/, Ct- OATH OF PERSONAL REPRESENTATIVE CF!,;~:.'): '; ,'-,' r-; } COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA SS: The petitioner(s) above-named swear(s) or affinn(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 affinned and subscribed Before me this ,,;. ..." <;."",,'\: . day of .20 <::Is. . { ~Mc~//-:f en ~. '" E' ~ A ~ ~ G~", ~~ ~~~~ Register . ~ 9.. .'(~ \ '"J...." \.)~ No. 21 - 05 - ~\""3 Estate of VERNA GUTSHALL . Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW c:, ~.........\'..... '\"3 2005 , 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 October 18, 2000 . described therein be admitted to probate filed of record as the last will of Vema GutshaU : and Letters are hereby granted to Judy C. Monnett "'l\~ \S ~ FEES Probate, Letters, Etc. ............. Will................................. Renunciation..................... .. Short Certificates (~",) ... ......... JCP.................................. $ $ $ $ $ $ $ $ 20~ Automation Fee... ................ Bond.............,................... Total Filed ""-~:!. n, Esq. (22080) Attorney (Sup. Ct, J.D. No.) One INine Row Carlisle, PA 17013 Address ~'lo ~Cl .s 717-249-7780 ':I.~~."""" Phone HI05,llO~ REV ]105 J.. \ _ '> S _ ~'\3 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. Fee for this certificate, $6.00 No. Li~ \\. ~~~Q~ Local Registrar p 11331696 MAY 18 2005 Date :') =-:0 ~ . _.J ....., c:.-:;:' = c.n en. ,",1 -0 = ::0 rn i-TiC) (;JO :-:._--r:J [':::~b ~:, (--n ~~D CJ "--:=:;Q 'jJ ., w ,---, ~ o ~n -rt c'5 rT1 o n ^J ~ = o .s;:- H1QS.143R&ov.2IB1 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH U>AlNT . ...." ""- 84 y.... lINllER1D/li{ _ lMIn... ~, OAlEOFOE.qH,Monit>.Ow,._, NAMEOfoec:eoENT(F...M_.~_ .. AGE(luI8WI'>cItyI Verna Gutshall UNOER1VEAR - ~. .. 8lRl1iP\AC((QyallCl .sa...OIFCI"'I/'>c...noYl ~o COUJ<TYOfDEIIrH d,1 k iI ! ~ Dl!~HrIUSllAL~ ~...=:~,=,~:r . 11 Laborer 1. Manu actur~ IlECEllEHrIIolAllMGAODAI!SSjShol.~_.ZipCodll ~NT5 344 Greason Rd. AE~ Carlisle, Pa 17013 _Me! .. FRHEWS_lFnI._U101l 1 Charles Whistler INFCRIIAHT'SNAM((T'lf*Pr1nlj Ju Monne IoETHOOOf _o.~D __sw.D 0..-0 0IM0-~ . -~ lIl__lJIOe__ 17L_ Cunt>erland UOTHER'$NAMElF."M__~ ~ - ... -' ... .~ 17..0 :;...~:: .. """"""'"- lSIrMl.~-'Zipc-. PLACEOf' .-- r Gardens a ey 2005 21 . Carlisle, PA 17013 Hoffman-Roth Funeral Hane ,...... "'o&- . \ ""'ji\C...,~V'~43a""c.L,, l.h.Jl'\N:lI\ \.. OUEmlCl'ASACONSEOUENCE~ ~ ,- '-- :--- ! l7. Iv. """".: r I: OUElOlORASACON5EOUENCEOf): DUE"IOIORM!.ACOItiEOUENCEOF}: YAoNNEfIIO#DE.ol1H o.r.-n:OfINJOI'lY _....., r"I!Of'INJUIlV IN.AJRYIQ"'MlAK7 OE8CRIaEIOYItUJRYOl:ClINIlD. ~O ~O - - -- "Q- o o - o o a o PlACEOfltUURY.Atbomo.............I-..,._ bulIdlng.....1SpeooM - ... 0 ,..,0 -.g--- .=~~~~~~~:~~.t.~.".~:~~~~~~~~~~..~~I~:~~.~I~~:~.~~~~~~~~~~I.~ n.. AEGISlAAR.SSlGNJ(ruREANO_R b.ll ;~J\ 1(")1 ~ eo..._...dM........... _ B. CI!'"=~~""lP"-~......d__""""*'j;IIy_"-'p'~.......an<lc<:nIllII*ln....l31 TcI..._.,...,~.____......aIIM(.I....._._.;............................... ~ ~ ~ ~ ! ~ "f'IlOHOUHCINGANDCEIl'lIl'Y_I'1IYIlIOAN~_~__~"'.,.."'.,....1 1l:l.............,-........._III_......a1....-.d.........p1K......._.....~I.}................._.. 2.~.~ R "l"'\:'lS-~\1 LAST WILL AND TESTAMENT (pour-Over Will) OF VERNA C. GUTSHALL cr.~O~DcD CY=F1CE C: - TI ;. 1-- ".'1' , ! 2',r" <'c'p 13 ULiJ 0L '" I'" 0" An u. 'i ~" ,','1 l__,Le;-",'\ , IDENTITY r'i ~' . I, VERNA C. GUTSHALL, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 170-12-7431. I have the following children: RUBIN W. FENSTERBUSH born May 21, 1941 and currently residing in Carlisle, PA; JUDY C. MONNETT born July 30,1945 and currently residing in Carlisle, PA; GLORIA J. papp born January 22, 1947 and currently residing in Newville, PA; and KENNETH D. FENS TERBUSH born December 30, 195 I and currently residing in Carlisle, P A. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE VERNA C. GUTSHALL REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"). Ifthe Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee ofthe Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. POUR-OVER WILLS Page I -1) e J!J (Testatrix) If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint JUDY C. MONNETT to serve without bond as my Executor of this my Last Will and Testament. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint WILLIAM A. MONNETT to serve without bond as my Independent Executor. In the event the second named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint RUBIN W. FENSTERBUSH to serve without bond as my Independent Executor. In the event the third named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint CARL WHISTLER to serve without bond as my Independent Executor. Whenever the word "Executor" or any modif'ying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to 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 to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS 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, 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, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry POUR-OVER WILLS Page 2 (Testatrix) out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make 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. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. S~LTANEOUSDEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. a4/tA44,e.~Pf VERNA C. GUTSHALL Testatrix This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at ~~~m of each of th~ng pages..2~ instrument is being signed by me on this P'~ day of r. (!t!- , . POUR-OVER WILLS Page 3 ClfC!.8 (Testatrix) ATTESTATION CLAUSE The Testatrix whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and she requested us to act as witnesses to such instrument and to his signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe the Testatrix to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix. WITNE"'~ iL- J) ADDRESSES: 1/2(, , ,.Jt.. V l/11,0. r<./ ... 7.3~lIh-' f? ?; Wkl~+-Ot..1( (Printed Name of Witness) C4f~. (.~/-, pI). I 70 13> ~~~ (~~~~eSf6o/ --L1C\ t.ASi~ ~uth <;-r Cf'\Y)I)~ 'PO I 17bJ3 POUR-OVER WILLS Page 4 QI e 1:f (Testatrix) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE // _'~l':E,~nderSignedaUthori~ thiS<la~er~~ VERNAC. GUTSHALL, ~/-'f/{~~ '.& ,,~ and /f/.. J,./ J'C-I;t, ~ , known to me to be the Testatrix and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, VERNA C. GUTSHALL, Testatrix, declared to me and to the witnesses, in my presence, that the instrument is her Will and that she had willingly made and executed it as her free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testatrix, that the Testatrix had declared to them that the instrument is her Will and that she executed the same as such and wanted each of them to sign it as a witness; and upon her oaths, each witness stated further that she did the same as a witness in the presence of the Testatrix, and at her request and that she was atthattime eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. {})~C.~ VERNA C. GUTSHALL Testatrix (Printed Name of Wi ess) ~~~ ~ ,~ Witness. ~1t14..... R t:; ~""'c~k;. (Printed Name of Witness) SUBSCRIBED AND ACKNO~ subscribed and swo~fore me b~~ witnesses, this the day of e YVERN~GU~ Tes~, and ~ an ~,...,'" 'U.l. ~~ ~. ' Notary Pub' m onwealth of Pennsylvania - "NOTft.RIAL SEAL . TODD B. GARFiNKLE, Notary PubliC Lower Southan:'PIOi1 Twp., Bucks =ty CommjSSKlll~1A 3 POUR-OVER WILLS Page 5 Ofa.1/ (Testatrix)