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HomeMy WebLinkAbout12-01-05 In Re: Estate of Glenn G. Voneida a.k.a. Glenn Galen Voneida Deceased, Late of the Borough of Carlisle, Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 21-05-317 ORPHANS' COURT DIVISION / REGISTER OF WILLS ( -; .'1 " -) DISCLAIMER IN ACCORDANCE WITH 20 Pa. C.S.A. S 6201 -.) (~-:) :1 _ ."'- '~-l. ?,~; ~/) (-J -"\'-1 L"J Ul l. Glenn G. Voneida, also known as Glenn Galen Voneida, departed this earthly life on March 9, 2005, at HCR - Manor Care, in the Borough of Carlisle, Cumberland County, Pennsylvania. Decedent also had a separate mailing address at the time of 1604 McCormick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Decedent was survived by his widow, Phyllis E. Voneida, of 1604 McCormick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Decedent's probate estate consisted of a one-half (112) interest as a tenant in common with his said widow in securities held in a street name brokerage account at Merrill Lynch, being designated as Account No. 872-47062. The total value of said account was $57,952.51. Decedent's interest therein was valued on the date of death at $28,976.26. 4. Decedent also owned assorted entireties property and IRA accounts and the like, none of which are directly relevant to this disclaimer. 5. The probate estate is subject to the payment of inheritance taxes, costs, fees, expenses and debts. The said probate estate is well more than sufficient to bear the payment of the same with no danger of insolvency. 6. Decedent's widow is not indigent, necessitous nor impoverished and has sufficient means and property of her own to comfortably maintain herself in the style to which she is accustomed. 7. Letters Testamentary were duly and properly granted to the said Phyllis E. Voneida by the Register of Wills in and for Cumberland County on the 5th day of April 2005. 8. Under the terms of decedent's duly probated Last Will and Testament dated the 220d day of October 1998 and the Codicil thereto dated the 19th day of July 2002 (true and correct copies of which are attached hereto and made a part hereof), most particularly in Item IV of the said Will and 1 v...... Codicil, a credit shelter residuary trust is provided for, which, inter alia, holds and administers decedent's probate assets for the benefit of his said widow for and during her natural life, providing for the payment of the net income therefrom to her. 9. Item IV additionally provides that upon the death of decedent's said widow, the balance then remaining is to be divided among decedent's daughter, granddaughters, and great grandson, all of whom survived and continue to survive decedent as follows, to wit: A) daughter, Karen R. Dreese, currently of 1544 Grandview A venue, Mechanicsburg, PA 17055, fifty (50%) percent thereof. B) granddaughter, Tammie E. Dreese, currently of 209 Rushley Road, Arnold, MD 21012, twenty (20%) percent thereof. C) granddaughter, Kelly S. Cook, currently of 10 Victor Lane, Mechanicsburg, PA 17050, twenty (20%) percent thereof. D) great grandson, Alexander Craig Cook, currently of the same address and in care of his mother, the said Kelly S. Cook, ten (10%) percent thereof. 10. All the aforesaid four (4) residuary beneficiaries are compos mentis individuals in excess of the age of twenty-two (22) years, except for the said great grandson, Alexander Craig Cook, who is a minor. The three (3) aforesaid adult individuals have made or are in the process of making arrangements with Merrill Lynch for the holding and transfer of their respective shares or for the outright distribution thereof, as the case may be. 11. Merrill Lynch will make arrangements to hold the share of the said minor in an educational trust account with his said mother, as the named trustee thereof as per the terms of the said Last Will and Codicil. 12. Phyllis E. Voneida, has accepted no benefits from the aforesaid one-half (1/2) interest as a tenant in common of decedent, has exercised no dominion over the same, except in her capacity as Executrix, and, in the event there have been or are any automatic credits made to her benefit in said Merrill Lynch account, she has or shall disgorge all of the same back into the probate assets from whence they came, to the favor of the four (4) residuary beneficiaries. 13. Phyllis E. Voneida, in her capacity as decedent's surviving widow, and in her capacity as life tenant beneficiary of the aforesaid credit shelter residuary trust provided for in decedent's Last Will and Testament and the Codicil thereto, desires to disclaim any and all of the above referred to probate assets of decedent. The operation of which disclaimer will deem her to be legally dead for the purposes of the distribution provided for in the said Last Will and Testament and Codicil thereto and result in the distribution of the balance of the same remaining after the payment of all death taxes, costs, fees, expenses and debts unto the said four (4) residuary beneficiaries or the trustee thereof, as the case may be. 2 . . NOW THEREFORE, intending to be legally bound hereby, I, Phyllis E. Voneida, the unremarried widow of Glenn G. Voneida, also known as Glenn Galen Voneida, do hereby disclaim any and all interest in and to the aforesaid undivided one-half (112) interest as a tenant in common in the securities held in a street name brokerage account at Merrill Lynch, being designated as Account No. 872-47062 and any fruits thereof, to which I would otherwise have been entitled under the laws of the Commonwealth of Pennsylvania. I have hereunto set my hand and seal this CiP/{ day of fi/&u~__ 2005. ~E~:J!i ~~~V~ PHYLL E. VONEIDA Witness zillt~t Witness COMMONWEAL TH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the ~~ day of ,A/~ ,2005, before me, the undersigned officer, personally appeared PHYLLIS E. VONEIDA, who being duly sworn according to law, deposes and says that the foregoing Disclaimer is her act and deed and that she desires the same to be recorded as such. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year aforesaid. !fM. f'. ~=p Notary Public (SEAL) My commission expires: COMMONWEAl.lli..Qf PENNSYLVANIA ~ Notaliaj S.ea,! Chal1es E. Si lielc!s Ill, Notary Public Monroe Tv;p., Cumberland County My Commission Expires June 20, 2008 Member. Ponnsylvanio\ Association Of Notaries 3