HomeMy WebLinkAbout05-08-06
Register of Wills of Dauphin County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of H. Ray Mundorff No. d 1- D (g-- O'/O"G
also known as Harry Ray Mundorff
, Deceased
Social Security No. 162-07-6794
Harry Ray Mundorff, Jr.
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR liB" BELOW:)
n A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or
W Decedent, dated 11/9/2005 and codicil(s) dated
no exceptions
named in the Last Will of the
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 born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
o
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs: ......,
r;:~...,
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Relationship
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Name
R~sidence~;
1"...)- .)
(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
residence at 13 East Orange Street, Shippensburg, PA
(list street, number and municipality)
Decedent, then 93 years of age, died April 25 ,2006 ,at 13 East Orange Street, Shippensburg, PA
(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 ........................................................................................ $
T ota I ..................................................................................................................... $
140,000.00
140,000.00
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Typed or printed name and residence
Har Ra
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
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 the Decedent,
Petitioner(s) will well and truly administer the est~in~
Sworn to and affirmed and subscribed ~; ','"
5 -i h Harry Ray undo ,Jr.
before me this _ day of
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DECREE OF REGISTER
Estate of H. Rav Mundorff
also known as Harrv Ray Mundorff
Social Security No: 162-07-6794 Date of Death: 4/25/2006
AND NOW, May 2006 , in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
Deceased
No.
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IT IS DECREED that Letters IX) Testamentary 0 of Administration
(c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Harry Ray Mundorff, Jr.
in the above estate and that the instrument(s), if any, dated November 9, 2005,
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Lettersw.... :.............................
I II
Short Certificate(s) ......4.....
$
$
$
$
$
$
Inventory & Tax Forms............. $
$
Renunciation........................ ..
Affidavit (
) .......................
)............ ..
Extra Pages (
Codicil ................. ................
JCP Fee .................................
Other ......................................
TOTAL .............................$
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$
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Attorney: Joel R. ZullinQer, ESQ.
I.D. No: 17516
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Address: 14 North Main Street, SUi6et?2 1]d Q _ .i Ill) enn7
ChambersburQ, {:SA r~72afLi(1
Telephone: 717-264-6029
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DATE FILED:
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JRZ - 5.1 mundorff.1 October 14, 2005
LAST WILL AND TESTAMENT
I, H. RAY MUNDORFF, of 13 East Orange Street, Shippensburg,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby declare this to be my will, hereby
revoking any and all former wills and codicils thereto by me
heretofore made.
I.
I direct that all my just debts and funeral expenses,
including all expenses of my last illness, shall be paid from my
estate as soon as practicable after my decease as a part of the
expense of the administration of my estate.
II.
I give, devise and bequeath the sum of One Hundred Thousand
($100,000.00) Dollars cash to Orrstown Bank, IN TRUST, nevertheless
for the benefit of Memorial Lutheran Church, Shippensburg,
Pennsylvania. Distribution amount as hereinafter defined shall be
used by Memorial Lutheran Church for use of the Children's
Department, Youth Department or for those children :in need of
financial aid to attend Camp Nawakwa, the National Lutheran Youth
Conference, as well as other child and yout~Z :~ei.~t~d rth6:t~h
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activities.
This bequest shall be made in memory of H. Ray and
Kathleen S. Mundorff, with the church to provide a suitable plaque
recognizing the gift.
III.
A. My trustee shall pay the distribution amount set forth
below to or for the benefit of Memorial Lutheran Church,
Shippensburg,
Pennsylvania,
quarter-annual
in
installments.
B. The trustee shall pay to Memorial Lutheran Church,
Shippensburg, Pennsylvania, in each tax year of this
trust an amount (herein the "Distribution Amount") equal
to four (4%) percent of the average of the fair market
values of the assets of the trust as of the close of the
last business day of the trust's three previous tax years
(or such lesser number of tax years as are available for
the first three tax years of the trust). In the case of
a short tax year, the distribution shall be calculated as
set forth in subparagraph C. below.
In the case of
contributions to or distributions from the trust,
including initial funding, the Distribution Amount shall
be determined as set forth in subparagraph D. below.
C. For a short tax year, the Distribution Amount shall be
based upon a prorated portion of the Distribution Amount
set forth above comparing the number of days in the short
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tax year to the number of days in the calendar year in
which the short tax year is a part.
D. In a tax year in which assets are added to or distributed
from the trust (other than the Distribution Amount)
(hereinafter "Adjustment Year"), the Distribution Amount
shall be increased (in the case of a contribution) or
decreased (in the case of a distribution) by an amount
equal to four (4%) percent times the fair market value of
the assets contributed or distributed (as of the date or
dates of the contribution or distribution), multiplied by
a fraction, the numerator of which is the number of days
from the contribution or distribution to the end of the
tax year and the denominator of which is the days in the
tax year. Further, the year-end values for the two tax
years preceding the Adjustment Year shall be increased by
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the amount of such addition, or decreased by the amount
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of such distribution, for purposes of computing the
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average values used in determining the Distribution
Amount for years following the Adjustment Year.
E.
All computations of the trust's assets' fair market
value, or the value of any contributions or distributions
as set forth above, shall include accounting income and
principal, but no accruals shall be required.
If the
trust includes assets for which there is not a ready
market, the trustee shall adopt such method of valuation
as trustee deems reasonable in trustee's discretion under
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the circumstances.
F. In addition to the Distribution Amount as determined
above, the net accounting income earned in my estate and
allocable to the residue shall be paid to the trust, and
distributed to Memorial Lutheran Church, Shippensburg,
Pennsylvania, in addition to the Distribution Amount set
forth above.
G. The Distribution Amounts from the trust shall be paid
first from net accounting income, next from net realized
short term capital gains, then from net realized long
term capital gains, and as necessary from the principal
of the trust.
H.
Should
Memorial
Lutheran
Church, Shippensburg,
the distribution amount
Pennsylvania, cease
to exist,
shall be distributed to Shippensburg School District
Foundation and Keystone Council, Boy Scouts of America
with the funds to be used to help financially needy
students and Boy Scouts, as the case may be, participate
in school or boy scout activities.
IV.
I give, devise and bequeath the residue of my estate of every
nature and wherever situate to my son, Harry Ray Mundorff, Jr.,
provided however, should my said son predecease me or die on or
before the thirtieth day following my death, the residue of my
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estate shall be distributed as follows:
A. Fifty (50%) percent thereof to Orrstown Bank to be added
to the aforementioned trust for the benefit of Memorial
Lutheran Church, Shippensburg, Pennsylvania.
B.
Fifty
to
the Borough of
(50% )
thereof
percent
Shippensburg with twenty-five (25%) percent to be used
for the benefit of the Shippensburg Fire Department and
twenty-five (25%) percent thereof to be used for the
benefit of the Shippensburg Police Department.
v.
Any fiduciary under this will shall have the following powers
in addition to those vested in them by law and by other provisions
of my will applicable to all property whether principal or income,
including property held for minors, exercisable without Court
approval, and effective until actual distribution of all property:
A. To retain any and all of the assets of my estate, real or
personal,
without
any
principle
regard
to
of
diversification of risk.
B. To invest in all forms of property including stock,
common trust funds and mortgage investment funds without
restriction to investments authorized for Pennsylvania
fiduciaries as they deem proper, without regard to any
principle of diversification of risk.
C. To sell at public or private sale, to exchange or to
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lease for any period of time any real or personal
property and to give options for sales, exchanges or
leases, for such prices and upon such terms or conditions
as they deem proper.
D. To allocate receipts and expenses to principal or income
or partly to each as they from time to time think proper.
E. To compromise any claim or controversy.
F. To distribute in cash or in kind or partly in each.
G. To hold property in their names without designation of
any fiduciary capacity or in the name of a nominee or
unregistered.
VI.
I direct that all taxes that may be assessed in consequence of
my death of whatever nature and by whatever jurisdiction imposed,
shall be paid from my residuary estate as a part of the expense of
the administration of my estate.
VII.
The interest of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary alienation;
and the principal and income shall be paid by the trustee or
guardian directly to or for the use of the beneficiary entitled
thereto, without regard to any assignment, order, attachment or
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claim whatever.
VIII.
I appoint my son, Harry Ray Mundorff, Jr. as executor of this
my will.
Should my son, Harry Ray Mundorff, Jr. predecease me,
fail to qualify or cease to act, I appoint Orrstown Bank as
executor of this my will.
IX.
No bond shall be required of any fiduciary hereunder in any
jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, consisting of eight typewritten pages, the
first six of which bear my signature in the margin for the purpose
of identification this ~day of -;1erpe~.A-/ , 2~c::J.s-:
Signed,
sealed,
x ~f)7~ (SEAL)
published and declared by the above-named
testator as and for his last will and testament in our presence,
who in his presence, at his request and in the presence of each
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Page 7
We, H. RAY MUNDORFF, and
y~ c::: ~~ the testator and the
whose names are signed to the attached or foregoing instrument,
being first duly sworn, do hereby declare to the undersigned
authority that the testator signed and executed the instrument as
his last will and testament and that he executed it as his free and
voluntary act for the purposes therein expressed and that each of
the witnesses, in the presence and hearing of the said testator
signed the will as witnesses and to the best of their knowledge
said signer was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
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Subscribed, sworn to and acknowledged
before me by the above-named signer and
subscribed an.d sworn to bef~r e by the
above-name~nes~ this day of
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Notary ~ublic - -
~otarial Seal
Carin L. Walter, Notary Public
Chambersburg Boro, Franklin County
My Commission Expires May 13, 2009
Page 8
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