HomeMy WebLinkAbout11-01-05
II
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of
Alice V. Ritter
No. ~1-05'- CA0,-~
also known as
Alice Violet Ritter
Petitioner(s}, who is/are 18 years of age or older, appIy(ies) for:
(COMPLETE "A" OR "B" BELOW:)
, Deceased Social Security No.
Betty L. Bachman
194-07-6994
[D
A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the
Decedent, dated November 10, 1999 and codicil(s) dated (none)
Manufacturers and Traders Trust Companv has renounced its riqht to serve as Co-Executor in favor of Betty L. Bach~an
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the documents offer'ed for probate;
was not the victim of a killing and was never adjudicated incompetent:
D
B. Grant of Letters of Administration ~-:;
(d.b.n.c.t.a.: pendente lite; durante absentia; durante minorttate)-.... l.. -:l ;"_:':;~-l
;-_ .! C);. ~i ~-/I_l
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the follOwing spau~ (if anYYrarJd
heirs: ;:...~ ' .;';.
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal rElsidence at
6355 Creekview Road. Hampden Township. Cumberland County, MechanicsburQ. Pennsvlvania
(list street, number and municipality)
Decedent. then 101 years of ane. died October 5.2005, at 6355 Creekview Road. Hampden Township, Mechanicsbum. PE:jnnsvlvania.
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property ........................................................................................... $
(If not domiciled in PA) Personal property in Pennsylvania...................................................................... $
(If not domiciled in PA) Personal property in County................................................................................ $
Value of real estate in Pennsylvania ............................................................................................................................ $
Total. ......... ............ .......... .......... ........... ............... .......... ............ ................. ......... $
Real Estate situated as follows: Naomi Pines. Tobvhanna Township. Monroe County
o
15O:~.00
150 .00
Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the
undersigned:
Typed or printed name and residence
Betty L. Bachman, PO Box 77, Bowmansdale, PA 17008
Fann RW-1 Page 1 of 2 (Dauphin County). Rev. 9192
582567.1
, r
Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner{s) above-named swear{s) and 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 th~ Decedent,
Pelitioner(s) will well and truly administer the estate accor~ng ~I~;;(: 'd cur! ~. ~
Sworn to and affirmed and subscribed ~ I
before me this d?tp-lA day of
OdtrheJc 20 05
-1~{'-J7J~~ -
No.
Estate of
~I -o~- 09&3
~v. CLttu
Deceased
Social Security No: \ Y '-\ - ()\ - 1.9 q q 4
Date of Death:
10- s- ;;J.Oos-
AND NOW, N.O\JtrY'bv.. \ ,20 05 ,in consideration of the Petiti~n on the
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters l!:fTestamentary 0 of Administration
d.b.n.c.t.; pendente lite; durante absentia; durante minoritate
are hereby granted to ~ tt:a zf{ J30{1 h ()')0-1,-
in the above estate and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent..
FEES
Letters....... ....................
Short Certificate(s)..........
Renunciation................. .
Affidavit ( ).................
~ra Ii' c!lges ( ).~
Codicil......................... .
JCP Fee.... ....................
Inventory... ....................
Other~-T.~:t:0"N.. .{>>-
TOT AL......... .......
Form RW-1 Page 2 of 2 (Dauphin County) - Rev. 9/92
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$ '-10. 00
$ 5. OL.)
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$ \~. 6D
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$ JO' 00
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Attorney: Stanlev A. Smith
1.0. No: 33782
Address: Rhoads & Sinon LLP, PO Box 1146
1 South Market Square, Harrisburg. PA 17108-t146
Telephone: 717-233-5731
$335.00
Register of Wills of Cumberland County, Pennsylvania
RENUNCIATION
Estate of
No. ;J / -OS- - CAI.JJ:6
Alice V. Ritter
also known as Alice Violet Ritter, Deceased
11
The undersigned, Manufacturers and Traders Trust Company, successor to Allfirst Bank, named Co-Executor
under the Will of Alice V. Ritter, the above Decedent, hereby renounces its right to administer the estate and respectfully
requests that Letters Testamentary be issued to Bettv L. Bachman. as sole survivinQ Executor. '
Witness my hand this;}& ft) day of (),-:f-o h~ r-'
,2005.
MANUFACTURERS AND TRADERS TRUST COMPANY
~~hM~'
Title: ,<-to' ?RESIi)~T "'I- T1a.J:>T OFFrcc'J'Z..
Sworn to or affirmed and subscribed
before me this ,~ (P day of
t) (';ft) ~A _ , 2005.
!.?lOJAl/JtA<-f~ )-~
Notary Public
My Commission Expires:
(SIgnature and seal of Notary or other official
Qualified to administer oaths. Show date of
expiration of Notary's commission.)
NOTE: Renunciations executed outside the Office of Register of
Wills are required in some counties to be notarized.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deanna L Wets, Notary NlIIc
City Of Harrisburg, DaUJ:ili1 Ccuty
My Commission ExpIres Dee. 8, 2000
Member, Pennsylvania Association Of Notaries
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582945.\
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This is to certify that the information here given is correctly copied from an original certificate of death ~uly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanenf filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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· (AJ/V1A4fn~L ~/i~j
Local Registrar 1-:
Fee for this certificate, $6.00
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Natural III Homicide 0
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TIME. OF INJURY
INJURY AT WORK? OESeRISE HOW INjJURY OCCURRED.
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CERTI~JER (Check onty one)
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R~GIST
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II
LAST WILL AND TESTAMENT
OF
ALICE V. RITTER
c?/-OS--Oqtfl.3
I, ALICE V. RITTER, of Hershey, Dauphin County,
Pennsylvania, being of sound and disposing mind and memory, do
make, publish and declare this to be my Last Will and Testament,
hereby revoking all Wills and Codicils by me at any time
previously made.
My husband, Russell L. Ritter, Sr., predeceased me. The
children born of my marriage to Russell L. Ritter, Sr., were
Russell L. Ritter, Jr., Betty L. Bachman and Dorothy J. Bromley.
Betty L. Bachman is my only living child, my other two children
having predeceased me.
I give and bequeath all af my
1.
TANGIBLE PERSONALTY.
household furniture and furnishings, automobiles, books, pictures,
jewelry, china, crystal, appliances, silverware, wearing apparel,
collections and articles of household or personal use or
adornment, together with all policies of insurance thereon, to my
daughter, BETTY L. BACHMAN, if she survives me, with the request
that she distribute such articles among my descendants as she in
"'.;)
':":~r
her sole and absolute discretion deems to be appropriat~l If~~y
said daughter does not survive me, I give and bequeath such
"
~ I ~
7-,11
Page 1 of 10 Pages
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316883.1
11
articles to my grandchildren living at my death, in as nearly
equal shares as they shall select under the supervision of my
Executor. Any cost of packing and shipping said personalty to the
beneficiaries, including insurance, shall be paid by my Executor
as a general administration cost.
If any such articles cannot be
fairly divided or distributed in kind in the opinion of my
Executor, such articles shall be sold and the proceeds thereof
shall pass as a part of my residuary estate.
2. BEQUESTS.
(a) If my daughter, BETTY L. BACHMAN, survives me,
I give and devise to her all of my right, title and
interest in my real property situate in Naomi Pines,
Tobyhanna Township, Monroe County, Pennsylvania, as more
fully described in Deed dated November 26, 1945,
recorded in Deed Book 152, pages 59, et ~.
(b) If any property passes under paragraph (a) of
this ITEM, I give and bequeath an amount equal to the
fair market value of such property so passing under
paragraph (a) as finally determined for federal estate
tax purposes, to the issue of my late daughter, Dorothy
J. Bromley, living at my death, per stirpes.
3. EXERCISE OF POWER OF APPOINTMENT. By Agreement
dated January 5, 1965, my late husband and I entered a Trust
Agreement with Dauphin Deposit Trust Company, now Allfirst Bank
(the "Trust Agreement"), ARTICLE 2 of which provides as follows:
"Upon the death of the survivor, the assets held by the Trustee
shall pass as directed by the said surviving Settlor's last will
and testament". As such survivor, I hereby exercise the power of
Page 2 of 10 Pages
1 '
appointment so granted to me by said Trust Agreement and appoint
the assets of the Trust remaining at my death, whether principal
or income, to first be applied to the payment of all Death Taxes
due by reason of my passing, as further provided in ITEM 10
hereof, and then distribute the balance in two equal shares, as
follows:
(a) One equal share to my daughter, BETTY L.
BACHMAN, if she survives me, or if she does not survive
me, to her issue, per stirpes, living at my death.
(b) The other equal share to the issue of my late
daughter, DOROTHY J. BROMLEY, living at my death, per
stirpes.
Provided, however, that if any beneficiary under the foregoing
paragraphs (a) or (b) has not then attained the age of twenty-five
years, each such beneficiary's share shall be retained by ALLFIRST
BANK, with offices in Harrisburg, Pennsylvania, in further trust
nevertheless, to be held, administered and disposed of as a
separate trust estate in accordance with ITEM 5 of this Will for
the benefit of such beneficiary (the "Retention Trust"). Except
as hereinbefore provided, I hereby decline to exercise all powers
of appointment which I may have at the time of my death.
4 .
RESIDUE.
I give, devise and bequeath all the rest
and residue of my property, real, personal and mixed, not disposed
of in the preceding portions of this Will, in two equal shares, as
follows:
Page 3 of 10 Pages
1 f
(a) One equal share to my daughter, BETTY L.
BACHMAN, if she survives me, or if she does not survive
me, to her issue, per stirpes, living at my death.
(b) The other equal share to the issue of my late
daughter, DOROTHY J. BROMLEY, living at my death, per
stirpes.
Provided, however, that if any beneficiary under the foregoing
paragraphs (a) or (b) has not then attained the age of twenty-five
years, each such beneficiary's share shall be retained by ALLFIRST
BANK, with offices in Harrisburg, Pennsylvania, in further trust
nevertheless, to be held, administered and disposed of as a
separate trust estate in accordance with ITEM 5 of this Will for
the benefit of such beneficiary (the "Retention Trust") .
5. RETENTION TRUST. My Trustee shall have, hold,
manage, invest and reinvest the assets of each Retention Trust,
collect the income and
(a) Until the beneficiary of the Retention Trust
(the "Beneficiary") shall have attained the age of
twenty-one years, my Trustee shall from time to time pay
to or for the benefit of the Beneficiary such amounts of
the net income and principal of the Retention Trust as,
in the sole discretion of my Trustee, shall be necessary
for the Beneficiary's maintenance, support, medical and
nursing care and education, including college and
graduate education, taking into consideration any other
means readily available for such purposes. At the end
of each year any unexpended income shall be added to the
principal of the Retention Trust.
(b) After the Beneficiary shall have attained the
age of twenty-one years, my Trustee shall thereafter pay
to the Beneficiary the net income derived from the
Retention Trust in installments not less frequently than
Page 4 of 10 Pages
~ r
quarterly and such amounts of the principal as, in the
sole discretion of my Trustee, shall be necessary for
the Beneficiary's maintenance, support, medical and
nursing care and education, including college and
graduate education, taking into consideration any other
means readily available for such purposes.
(c) If at the time of the creation of the
Retention Trust the Beneficiary shall have then attained
the age of twenty-five years or if the Beneficiary shall
thereafter attain that age, my Trustee shall distribute
outright to the Beneficiary the then remaining principal
of the Trust.
(d) If a Beneficiary shall die before final
distribution of the assets of the Retention Trust is
made, the then remaining principal and any undistributed
income of the Retention Trust shall be distributed to
the Beneficiary's issue then living, per stirpes; or if
the Beneficiary has no issue then living, then to the
Beneficiary's estate.
6. PERPETUITIES PROVISIONS. Nothing herein is
intended to, nor shall it be construed to, postpone the vesting of
any part of the assets of any separate trust estate hereunder for
more than twenty-one years after the death of the survivor of me,
My Spouse and my issue living at the time of my death. At the
expiration of such period the assets of all the separate trust
estates hereunder shall immediately vest in fee simple absolute in
and be distributed outright to the person or persons then entitled
to receive the income therefrom, whether in my Trustee's
discretion or otherwise.
7. SPENDTHRIFT PROVISION. No interest in income or
principal of my estate shall be subject to attachment, levy or
seizure by any creditor, spouse, assignee or trustee or receiver
Page 5 of 10 Pages
, I
in bankruptcy of any beneficiary of my estate prior to the
beneficiary's actual receipt thereof. My Executor shall pay over
the net income and the principal to the beneficiaries herein
designated, as their interests may appear, without regard to any
attempted anticipation (except as may be specifically provided
herein), pledging or assignment by any beneficiary of my estate
and without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
8. SURVIVAL PRESUMPTIONS. Any person who shall have
died at the same time as I or under such circumstances that it is
difficult or impossible to determine who shall have died first,
shall be deemed to have predeceased me.
9.
FIDUCIARY POWERS.
In the settlement of my estate,
my Executor shall possess, among others, the following powers,
exercisable without prior court approval, but in all cases to be
exercised for the best interests of the beneficiaries:
(a) To retain any investments I may have at my
death so long as my Executor may deem it advisable to my
estate so to do, including securities owned, issued or
underwritten by any corporate Executor or any of its
affiliates.
(b) To vary investments, when deemed desirable by
my Executor, and to invest in such bonds, stocks, notes,
real estate mortgages or other securities or in such
other real or personal property, including securities
owned, issued or underwritten by any corporate Executor
or any of its affiliates, or as to which my corporate
Executor or any of its affiliates are investment
Page 6 of 10 Pages
, I
advisors, as my Executor shall deem wise, without being
restricted to so-called "legal investments".
(c) In order to effect a division of the principal
of my estate or for any other purpose, including any
final distribution of my estate, my Executor is
authorized to make said divisions or distributions of
the personalty and realty partly or wholly in kind. If
such division or distribution is made in kind, said
assets shall be divided or distributed at their
respective values on the date or dates of their division
or distribution. In making any division or distribution
in kind, my Executor shall divide or distribute said
assets in a manner which will fairly allocate any
unrealized appreciation among the beneficiaries.
(d) To sell either at public or private sale and
upon such terms and conditions as my Executor may deem
advantageous to my estate, any or all real or personal
estate or interest therein owned by my estate severally
or in conjunction with other persons or acquired after
my death by my Executor, and to consummate said sale or
sales by sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee simple title,
free and clear of all trust and without obligation or
liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry
into the validity of said sale or sales; also, to make,
execute, acknowledge and deliver any and all deeds,
assignments, options or other writings which may be
necessary or desirable in carrying out any of the powers
conferred upon my Executor in this paragraph or
elsewhere in this Will.
(e) To mortgage real estate and to make leases of
real estate for any term.
(f) To pay all costs, expenses, legally
enforceable debts, funeral expenses and charges in
connection with the administration of my estate.
(g) To vote any shares of stock which form a part
of my estate or trust and to otherwise exercise all the
powers incident to the ownership of such stock and to
actively manage and operate any incorporated or
Page 7 of 10 Pages
, I
unincorporated business, including any joint ventures
and partnerships, and to incorporate any such
unincorporated business, with all the rights and powers
of any owner thereof.
(h) To assign to and hold in my estate an
undivided portion of any asset.
(i) To hold investments in the name of a nominee.
(j) To compromise controversies.
(k) To disclaim, in whole or in part, any and all
interests in property owned by me at the time of my
death, including those passing to me by Will, intestacy,
contract, joint ownership, operation of law or
otherwise.
10. TAX CLAUSE. All inheritance, estate and similar
taxes becoming due by reason of my death, except any taxes
relating to generation skipping transfers imposed under Chapter 13
of Subtitle B of the Internal Revenue Code, as amended ("Death
Taxes"), whether such Death Taxes shall be payable by my estate or
by any recipient of any property, shall be paid by my Executor out
of the property passing under ITEM 3 of this Will as an expense
and cost of administration of my estate; provided, however, that
if any property held in any testamentary or inter vivos trust
created solely by my late Spouse is includable in my estate for
purposes of any Death Tax, then any Death Tax attributable to the
inclusion of any such property in my estate for the purposes of
that Death Tax shall be paid out of such property or by the
recipients of such property; and if such Death Taxes are
Page 8 of 10 Pages
~ f
nevertheless paid by my Executor, I direct my Executor to obtain
reimbursement or contribution for any such taxes paid by my
Executor. Except to the extent above provided, my Executor shall
have no duty or obligation to obtain reimbursement for any Death
Taxes paid by my Executor, even though paid with respect to
proceeds of insurance or other property not passing under this
Will.
11. CUSTODIAN OF ESTATES. If at any time any
individual under the age of twenty-one shall be entitled to
receive any assets free of trust by reason of my death, whether
payable hereunder, by operation of law or otherwise, I appoint my
Executor named herein as Custodian for such individual under the
Pennsylvania Uniform Transfers to Minors Act.
12. EXECUTOR APPOINTMENT. I hereby appoint my
daughter, BETTY L. BACHMAN, and ALLFIRST BANK, with offices in
Harrisburg, Pennsylvania, as Co-Executors of this Will. If my
daughter should fail or cease to act, ALLFIRST BANK, shall serve
alone. All references in this Will to my "Executor" shall refer
to my originally named Co-Executors, or to my sole successor
Executor, as the case may be.
13. WAIVER OF BOND; FIDUCIARY FEES. The Custodian and
my Executor shall qualify and serve without the duty or obligation
of filing any bond or other security. ALLFIRST BANK shall be
Page 9 of 10 Pages
, f
entitled to compensation for services ln accordance with its
standard schedule of fees in effect when the services are
rendered.
IN WITNESS WHEREOF, I have set my hand and seal to this,
my Last Will and Testament, consisting of this and the preceding
nine (9) pages, this It> day of ~/(~.~t<P~~ 1999.
d~~ ;?~
Alice V. Ritter
(SEAL)
We, the undersigned, hereby certify that the foregoing
Will was signed, sealed, published and declared by the above-named
Testatrix as and for her Last Will and Testament, in the presence
of us, who, at her request and in her presence and in the presence
of each other, have hereunto set our hands and seals the day and
year above written, and we certify that at the time of the
execution thereof, the said Testatrix was of sound and disposing
emory.
) )? aLl e"
.vL-;1
/
(SEAL)
~1-~~A
Residing at: ~ &/t:'lZ (/{!}~ {II/{ c~
II . . . 'J
!-IC{ /JJ/J Jr:.' /J to tJ/v/ I?-O,/
(SEAL)
Page 10 of 10 Pages
, I
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ,D-<L-~l~.
We, ALICE V.
RITTER,~t..(../) \c~i\ A. 0Y""11 tV\
Iv'
the Testatrix and the Witnesses,
and
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respectively, whose
names are signed to the foregoing instrument,
having been sworn, do hereby declare to the undersigned officer
that the Testatrix, in the presence of the Witnesses, signed said
instrument as her Last Will and Testament, that she signed
voluntarily, that each of the witnesses, in the presence of the
Testatrix and of each other, signed said Will as a witness and
that to the best of the knowledge of each witness, the Testatrix
was at the time of sound mind and under no constraint or undue
influence.
/ 1)O_<.j_ku2~"
/
Subscribed and acknowledged before me by ALICE V.
RITTER, the Testatrix, and subscribed and sworn to before me by
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witnesses,
,A < ::.> -(V\ .. "L\'\.
and
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f...-I6'o...fe ;,"-"'- be v..... , 1999.
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Notary Pu llc .
on this
of."".
\0 'day of
My Commission Expires:
(SEAL)
208778.1
Notallal Seal
Cindy L. l.8Itze~ Notal)' Public
HanillbulV. Dauphin dounty
My Comm/SSIOfl Expires Dec. 2, 2002
Member, PennsylVania AssOCIation of Notanes