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HomeMy WebLinkAbout09-28-05 II . " Register of Wills of Cumberland County " . . e -----.- PETITION FOR PROBATE and GRANT OF LETTERS Estate of Cindy M. Wise No. .-1.1 - O..S -OBbct also known asCindy Mae Wise To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 191-40-8938 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the above decedent, dated September 13 ,20 05 and codicil(s) dated nla (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County , Pennsylvania, with h_ last family or principal residence at 609 Lavina Drive, Upper Allen Township, (list street, number and municipality) Decedent, then ~ years of age, died September 16 , 20~, at 609 Lavina Drive, Upper Allen Twp., PA I Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after I execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: I nla I Decedent at death owned property with estimated values as follows: I (If domiciled in Pa.) All personal property $ h: ~O D l= (If not domiciled in Pa.) Personal property in Pennsylvania $ I (If not domiciled in Pa.) Personal property in County $ Value ofreal estate in Pennsylvania $ 136380.00 situated as follows: 609 Lavina Drive UDDer Allen Twn. Cumberland Count" PA ParcellD: 42-27-1886-125 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented I herewith and the grant of letters testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t. .) thereon. r:-::~ ~ si;:ature~ti~) Residence( s) of Petitione:r( s) .... 6487 State Rte. 209, Lykens, PA 17048 , ~, '" f~ 0{, 4L! Jl " r " " ;'J , ') S.' " . .' '.J . , cr. - .' ~) -!:I -\:~...) , I - .. J _..j.,. ( ) C..,.:' II I c.J -.--. , .. cr~ I I I I I I Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: 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 ofpetitioner(s) and that as personal representative(s) of the above d",donl ",titionot-(,) w;t!. w,n .od truly .dmioi"" th, ,..to "7:"171": 1'~ _ ",/" Sworn to or affirmed and ,subscribed {~~ V2- BefQ[e methis !.:9~\'- ~ of \ ~~q{Y'\~ ,20 n-~ ili c rvlll;~1-,j;\J. .\ Lxktcub b<I lA(4h- Register~L\ I No.c2/-05" <-,Th,e, Estate of Cindy M, Wise , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW Sc et ~ ~ 20Q5in consideration of the petition on the reverse si~ hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated I September 13, 2005 , described therein be admitted to probate filed of record as the last will of Cindy M. Wise ; and Letters are hereby granted to Robin Nestor FEES Probate, Letters, Etc. ............. $ ,-::li.} (' ,00 Will................................. $ i '5-. DO Renunciation................... .... $ Short Certificates ( ) ............ $~, 00 JCP.................................. $ I C) 00 Automation Fee................... $ 5, 00 Bond................................. $ Total ..$ -.SILJ .f..):':> Filed q 'd. c,! - 200S ", Address (717) 737-3405 Phone , -......... -~....... (:,.) ejI'I en ~' '" 2' ..., ~ .~~ I j -".;.1 '1'1 .. (=) IT'] SAlOIS SHUFF, FLOWER & LINDSAY An"ORNEYS' AT' LA IV 2109 Market Street Camp Hill, PA I' ~ LAST WILL AND TEST AMENT OF CINDY M. WISE 1 1'-; 1 .,. D I, CINDY M. WISE, of Mechanicsburg, Cumberland County, Pennsylvahia, ~eing of ,S . I) sound and disposing mind, memory and understanding, do hereby make, publish a~1 deSlare~' (~~J 1 I . _,.~ this as and for my Last Will and Testament, hereby revoking all other Wills and ICodicils. I ( ':) 'I , ! heretofore made by me. --) ! f. ';::: ': .) (.',', FIRST I 1 I direct the payment of my just debts and the expenses of my last illness an1 funeral I ! I 1 1 Further, I direct that my body be cremated and that my remains be disposed tf as my personal representative shall deem appropriate. I authorize my personal representative to ! expend funds from my estate, in such amount as my personal representative shall bonsider 1 1 from my estate as soon after my death as conveniently may be done. , necessary and desirable for the purchase, erection and inscription of a suitable markt for my grave. SECOND I bequeath my jewelry, automobiles, household furnishings, personal effects ~nd other tangible personal property of like nature to my daughter, KATHRYN E. WISE, with the exception of such items of household furniture and furnishings, if any, as my executrix may I deem it convenient and appropriate to give in trust to my Co-Trustees for the brnefit of , Dorothy "Sue" Washington for so long as she may reside in my house, as set fortH at item THIRD, below. Any items of tangible personal property not disposed of by the fbregoing directions shall be sold by my executrix and added to the residue of my estate. I wish my (~ " f , executrix to be aware that certain items among the furnishings now in my home belong to Dorothy "Sue" Washington, and are not part of my estate. , I I I I give and devise my personal residence at 609 Lavina Drive, Mechanicsb~rg, P A, I i along with a bequest of cash in amount determined by my executrix to be sufficient ~o defray the annual cost of real estate taxes, insurance and routine maintenance, to my ~rustees THIRD hereinafter named, IN TRUST, NEVERTHELESS, to be held by them and managtl:d under i the following terms and conditions: 1. My friend, DOROTHY "SUE" WASHINGTON, shall be permitted to reside in I I my personal residence for a period of six (6) months following my death, without o~ligation I i to pay real estate taxes, insurance or costs of maintenance; I I i 2. After the expiration of six (6) months following my death, and subjept to my i directions at item FOURTH hereunder, my trustees shall be authorized, in their disc+tion, to sell my residence and add the proceeds thereof to the Trust created at item FIFTH h+eunder; I Otherwise- I I i 3. After the expiration of six (6) months following the date of my d~ath, my I i friend, DOROTHY "SUE" WASHINGTON, shall be permitted to continue to resi4e in my I I I residence for the remainder of her lifetime, but only for so long as she does in fabt reside AITORNEVS.AT.LA W 2109 Market Street Camp lIill, PA therein, provided that she shall pay to my trustees from time to time, and I without I I unreasonable delay, the full amount of all costs of real estate taxes, homeowner's tsurance and ordinary repairs and maintenance, which costs it is my desire that my trustees s~all have SAlOIS SHUFF, FLOWER & LINDSAY paid in the first instance. In the event that DOROTHY "SUE" WASHINGTON,: for any , reason, should be absent from the said premises for more than forty-five (45) days dJring any , 2 : C' II~ I II two-month period, my trustees shall sell the residence and distribute the proceeds thereof according to my directions for the residue of my estate. 4. My daughter, KATHRYN, also shall have the right to reside in my res~dence at any time during the occupancy of Dorothy "Sue" Washington. I I I 5. Upon the death of Dorothy "Sue" Washington, my trustees shall cotvey the residential property to my daughter, KATHRYN, or, at her election, sell it and dist~bute the proceeds thereof according to my directions for the residue of my estate. FOURTH I authorize my personal representative or my Trustees, in their discretion, tol use any I I I life insurance proceeds received by them in consequence of my death to retire any tUortgage- I I secured indebtedness which may encumber my personal residence at the time of my ~eath. It I is my wish that they do so, but I do not require it of them, because of the possibilit~ that my I estate, including such non-probate property as may pass directly into the handf of my executrix and/or my trustees, may not be sufficient to preserve my residence in trust, land also I I to adequately fund the trust set forth below at item FIFTH, for the benefit of my qaughter, I I I KATHRYN, whose welfare is my primary object. In the event that my personal I representative or trustees shall determine, in their absolute discretion, based Jpon the I I circumstances then prevailing, that my desire that such encumbrance be retired! and my I A'ITOR~EYS'AT'LA W 2109 Market Street Camp Hill, PA residence preserved in trust for the benefit of Dorothy "Sue" Washington has I become I I impossible of fulfillment without unreasonably impairing my primary desire to provide an I I I adequate trust for my daughter, then my personal representative and/or my trustees $hall sell SAlOIS SHUFF, FLOWER & LINDSAY the residence, no sooner than six (6) months following the date of my death, and: add the 3 (I,.. AI Y \I""". I SAlOIS SHUFF, FLOWER & LINDSAY AnURNEYS'AT'LA W 2109 Market Street Camp Hill, PA II proceeds thereof to the residue of my estate or to that trust set forth at item FIFTH herein. FIFTH I I I give, devise and bequeath all the rest, residue and remainder of my estate, Itogether I I I with any other property which may be added, unto my Trustee hereinafter named, IN ~RUST, NEVERTHELESS, upon the following terms and conditions: (A) To hold, manage, invest and reinvest the principal so received, and I accumulation of income thereon, and to use, pay and apply the income and principal I or so much thereof as in Trustee's sole discretion may be necessary I for the I I maintenance, support, medical expenses and education of my daughter KATJiRYN E. I WISE. I I I (B) The payments authorized by this trust may be made by mt trustee I I directly to my daughter, or may be made directly to any institution entitled! to such I I payment by reason of services rendered or to be rendered to her. ! I I (C) The amount to be paid for the benefit of my daughter fhall be I determined from time to time by her needs, and the times of said payments I shall be I determined by such need, provided that payments be made at least monthly. (D) All payments of principal and income hereby given shall be tfee from anticipation, assignment, pledge or obligations of the beneficiary, and sha~l not be I I I I I I I subject to any execution or attachment. (E) I All principal and accumulated Income, not so applied, ~hall be distributed to my daughter, per stirpes, as follows: 4 , -C \i~~ I SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 2109 Markel Street Camp Hill, PA II (i) When my daughter has graduated from college, she shall receive one-third (1/3) of the principal and accumulated income of the trust; I I I I Five years after her graduation, she shall receive one-Half (1/2) I ! I I of the remaining principal and accumulated income; I I I (iii) Ten years after her graduation, she shall receive the r1maining (ii) balance of the trust. (iv) In any event, the balance of principal and accumulate4 income of this trust shall be paid to my daughter no later than her th~rty- fifth birthday. SIXTH I In addition to the powers conferred by law, I authorize any personal repres~ntative, I trustee or guardian acting under this instrument, in her absolute discretion: I (a) To retain in the form received, or to sell either at public or Pri~ate sale I I any real or personal property; I I I (b) To exercise any options to subscribe for stocks, bonds, ~r other I I investments. I ( c) To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my eslate or any rst may hold stocks, bonds or other securities; I I To sell, transfer, convey, mortgage, pledge, lease or exchJnge any I (d) property, real or personal, which at any time may form part of my estate~ for the payment of debts or taxes, or for any purpose of administration or distribJtion, for 5 ( /v'v.j I SAlOIS SHUFF, FLOWER & LINDSAY AHORNEYS'AT'LA IV 2109 Markel Street Camp Hill, PA II such prices and upon such terms as they, in their sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; (e) To make settlements and compromises on such terms as they" in their I sole discretion may deem wise without the necessity of obtaining any court ~pproval thereof; I (f) To make distribution hereunder either in cash or kind, as theyj in their discretion may deem wise; (g) To terminate any trust created hereunder when my Trustbe shall I determine, in her sole discretion, that the principal balance thereof shall havel been so I I I reduced as to render continued administration impractical, or that, in her j4dgment, , other good and sufficient reasons exist that the trust should be terminated. SEVENTH I direct that any and all inheritance, estate, and transfer taxes imposed upon dIy estate I I I passing under this Will or otherwise shall be paid out of the principal of my residuary I estate. I I EIGHTH I hereby nominate, constitute and appoint my sisters, VIRGINIA M. ENqERS, of Elizabethville, P A, and JULIE WARFEL, of Duncannon, P A, to act as Co- Trusteels of any trust created hereunder. In the event either of my said co-trustees should decline lor, once having been appointed, cease to serve in that capacity, I appoint ROBIN NEStOR, of , I , Lykens, P A to serve as her successor. All references in this Will to my "Trustee" I shall be I understood to refer to my Co-Trustees and also to my successor Trustee. 6 I (,~vvJ .".,<><-""'"'--,------ SAlOIS SHUFF, FLOWER & LINDSAY ATTOR~EYS'AT'LA W 21 09 Markel Street Camp 1Ii11, PA II ~ NINTH I do hereby nominate, constitute and appoint my sister, ROBIN NESTOR, of Lykens, PA, to act as Executrix of this my Last Will and Testament. Provided, however, that, if she is , unwilling or unable to act as Executrix, I direct the duties of Alternate Executrix be performed by my sister, JULIE WARFEL, of Duncannon, P A. TENTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of her duties in any jurisdiction. IN WITNESS WHEREOF, I, CINDY M. WISE, have hereunto set my hand land seal ! to this my Last Will and Testament, consisting of seven (7) typewritten pages, the fir$t six (6) of which bear my initials in the lower right comer for identification, this /3 ~l -t ! I I day of September, 2005. ,:> c:.:-'''-;. '. \..: . .._~ .~\, \J\.}.....;~ CINDY M. E, Testatnx Signed, sealed, published and declared by the above-named Testatrix, cnjIDy M. , WISE, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, in the presence of said Test~trix and of each other. Q (J _/J tL, W~ ~f='~ ADDRESS Lie>{;, 1- !( -be. :J. D1 E/J~~H..(/;lle J fJA , '3-Je 9 ,H~W u;- Ca~~ /-Idr; fA- ADDRESS 7 SAlOIS SHUFF, FLOWER & LINDSAY AnURNEYS'AT'LA W 2109 Markel Street Camp Hill. PA II COMMONWEAL TH OF PENNSYLVANIA : COUNTY OF CUMBERLAND WE, CINDY M. WISE, be/rn~r8eGvt1e(S and ~K,t(ljt,F{a Je. , the Testatrix and witnesses, respectively whose names are signed to the foregoing or lattached instrument, being first duly sworn, do hereby declare to the undersigned authority I that the I Testatrix signed and executed the instrument as her Last Will and Testament and Ithat she signed willingly and that she executed as her free and voluntary act for the purpose~ therein expressed, and that each of the witnesses, in the presence and hearing of the Testatri~ signed the Will as witness and that to the best of their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. \. \ . .' . v--~ ~ ~ \f\ lr-. '---- CINDY' WISE~ Testatrix ;9ft~~ ~ ~~ Witness . COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : On this, the !Jf!- day of ~, 2005, before me, tbe undersignef1 officer personally appeared Thomas E. Fl~own to me (or satisfactorily proven) to be a member of the bar of the highest court of said state, Supreme Court attorney licjense no. 83993, and a subscribing witness to the within instrument, and certified that he was pfrsonally present when CINDY M. WISE, whose name is subscribed to the within instrument, executed the same, and that the said person has acknowledged that she executed the samtl: for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4l~u(SEAL) Nhtary (J 8 COMMONWEALTH OF PENNS~VANlA Notarial Seal I SaraJ. Ensinger, Notary Public Camp Hill Boro, Cumberland ~ounty My Commission Expires Oct. 117,2005 Member, Pennsylvania Association of ~It",,.;.,,,