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HomeMy WebLinkAbout05-11-06 Estate of Constance F. Parker IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06- () J-/.-() q PETITION UNDER SECTION 3102 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE FOR SETTLEMENT OF SMALL EST ATE TO THE HONORABLE JUDGES OF SAID COURT: C. Thomas Parker, your Petitioner, filed this Petition for Settlement of a Small Estate under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code and in support thereof avers that: (1) Your Petitioner, C. Thomas Parker, is a competent adult residing at 824 North College Street, Carlisle, Cumberland County, Pennsylvania, and is the widower of the above decedent. (2) Constance F. Parker, spouse of the Petitioner died on February 5, 2006, but prior thereto lived and was domiciled at 824 North College Street, Cumberland County, Pennsylvania. She died with a Will (a copy of which is attached hereto as Exhibit "A") and Letters Testamentary have not been issued. (3) Constance F. Parker had no probate estate when she died other than a savings account at P A Central Federal Credit Union in the amount of $3,641.31. A copy of a statement of account showing the value is attached hereto as Exhibit B. (4) The sole heir and beneficiary and his relationship to the decrdent is as follows: C. Thomas Parker (''' .- , 'I l.,...- G ~.;:; widower (petitioner) I I !'''. ~ I j I,,, <; >>#L~, \.~I JO - ..J ,,~. .. (5) Your Petitioner avers that there are not creditors of the decedent and no claims unpaid known to your Petitioner. WHEREFORE, your Petitioner respectfully requests that an Order be made authorizing distribution of the sum of $3,634.60 plus accrued interest to Petitioner pursuant to Section 3102 of the Probate, Estates and Fiduciaries Code. am . Hughes, Esquire S ZMANN HUGHES PC 54 Alexander Spring Road, Suite 1 Carlisle, P A 17013 (717) 249-6333 Supreme Court #58884 Dated: May 8, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND C. Thomas Parker, being duly sworn according to law, deposes and says that the fact~ contained in the foregoing Petition are true and correct to the best of his knowledge, information and belief. t.cdd~~ C. THOMAS PARKER LAST WILL AND TESTAMENT I, CONSTANCE F. PARKER, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall'be paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living, My Executor or Executrix is EXHIBIT 1.> .. :0 J> 3 A ;? authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my spouse, C. THOMAS PARKER. FOUR. Ifmy spouse, C. THOMAS PARKER, does not survive me by a period of at least sixty (60) days, I then hereby give, devise and bequeath all of my estate of whatever nature and wherever situate to my daughter, MARY ANNE DURHAM, per stirpes, which provides that the child or children of any deceased beneficiary shall take the share their parent would have taken if living. ~FIVE. If my spouse, C. THOMAS PARKER and my daughter, MARY ANNE DURHAM, have predeceased me or failed to survive me by sixty (60) days, and if any of my daughter's children are under the age of thirty-five (35) years at the time of my decease, then my estate I give, devise and bequeath to be held in trust by the hereinafter named Trustee according to the following terms and conditions: Upon the creation of this Trust, the Trustees shall divide this trust principal into individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited hereunder. The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of my said beneficiaries, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and ') /III empowered to pay over to, or for the use and benefit of my said beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for his or her continued support, maintenance, education, medical care or general welfare. My primary objective is to insure the continued support, maintenance, education and medical care of my said beneficiaries until he or she reaches the age of thirty-five (35) years. The Trustee, in the Trustee's sole discretion, may distribute any portion of the income or principal of the trust estate over to said beneficiaries prior to the ultimate distribution hereof as the Trustee deems proper for the health, maintenance, education or setting up of a beneficiary in business or in a profession, or the purchase of real property or for similar purposes or for any other purpose which would in the Trustee's sole discretion advance the best interest of said beneficiary. When the each respective beneficiary reaches the age of twenty-five (25) years, then one-third (1/3) of whatever remains of income or principal of his or her respective share of this trust estate shall be .distributed to said beneficiary, per stirpes, which provides that the child or children of any deceased beneficiary shall take the share their parent would have taken if living. When the each respective beneficiary reaches the age of thirty (30) years, then one-third (1/3) of whatever remains of income or principal of his or her respective share of this trust estate shall be distributed to said beneficiary, per stirpes. When each respective beneficiary reaches the age of thirty-five (35) years, then whatever remains of income or principal of his or her respective share of this trust estate shall be distributed to said beneficiaries, per stirpes. In the event that any of my said beneficiaries of this Paragraph Five predecease me or become deceased prior to the distribution of this Trust without leaving surviving issue, then in that event, the deceased beneficiary's share shall be divided equally, per stirpes, between the other surviving beneficiaries of this Paragraph Five. For whatever reason, if all of my said beneficiaries of this Paragraph Five predecease me or become 3 /1/1 deceased prior to the distribution of this Trust without leaving surviving issue, then this share as stated in this Paragraph Five shall be distributed in accordance Paragraph Eight hereof. SIX. I hereby nominate and appoint my spouse, C. THOlVLt\S PARKER, to be the Executor of this my Last \Vill and Testament. In the event for whatever reason he is unable to serve as the Executor of my estate, I hereby appoint my daughter, MARY ANNE DURHAM, to be the Substitute Executrix of this my Last Will and Testament. In the event for whatever reason she is unable to serve as the Executrix of my estate, I hereby appoint BRENT B. DURHAM to be the Substitute Executor of this my Last Will and Testament. In the event for whatever reason he is unable to serve as the Executrix of my estate, I hereby appoint lVIAROLYN S. CANTER to be the Substitute Executrix of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executor hereunder. SEVEN. I hereby nominate and appoint BRENT B. DURHAM, or if he is not able or does not serve for whatever reason, I then nominate and appoint lVIAROL YN S. CANTER, to serve as Trustee of the trust created in Paragraph Five hereof. EIGHT. In the event of a common disaster causing the death of myself, my spouse and all of my beneficiaries named herein, without surviving issue, all within a period of sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate as follows: A. Fifty percent (50%) to the remaining heirs of my family at the date of my decease, per stirpes; and B. Fifty percent (50%) to the remaining heirs of my spouse's family at the date of my decease, per stirpes; 4 ;/ C. The respective identities of those heirs set forth above in the above Paragraphs A and B are to be determined in accordance with the intestate law in effect in the Commonwealth of Pennsylvania at the time of my death. TEN. No Executor, Executrix or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. ELEVEN. No beneficiary may assign, anticipate or pledge its interest in any income or principal held or distributable hereunder, and no beneficiaryr~ creditors may levy, attach or otherwise reach any such interest. . T\VEL VE. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue pursuant to Paragraph Four hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. THIRTEEN. The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trust set forth in Paragraph Five above: " - II The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. FOURTEEN. I hereby specifically exclude my son, EDWARD T. PARKER and any of his issue, from inheriting any of my estate of whatever nature and wherever situate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /tf:, day of March, 2004. /) (;0 / J ( ~~~v~e--'~ ~2l-vfltt/(SEAL) CONSTANCE F. PARKER Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribin~i nesses. /' L/ j) ./ L------- , I z I '.- / \'-- -./ / / // / -I ~ I/" (/ _ / ,- --;-;?!j;?CecZ. ? //,-"-;7- (. c''-.._ / / i I " i ! \ \ ',-_// h ACKNOWLEDGMENT AND AFFIDA VIT 'VE, CONSTANCE F. PARKER, JAMES D. HUGHES and ANGELA F. UNGER, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. . HUGHES /}(c:;d?'-~/~LYL- /ANGE~AF.UNGER / '..._---~.// 1/;--(/ I / j/' ~< /;;ae--/;!Zft-/ E F. PARKER COMMONWEAL TH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by CONSTANCE F. PARKER, the testatrix herein, and subscribed and sworn to before me by JAMES D. HUGHES and ANGELA F. UNGER, witnesses, this n-~:-') day of March, 2004. , . (\' -, -"~'I "'" .). \....,.. . - - \__\ ~'_ \_..~_~:_t Ci", _ - - / { 7 I U KteUK' eKKORS OR MAKE INQUIRIES ABOUT LOANS MARKED WITH AN . WRITE TO STATEMENT OF ACCOUNT PENNSYLVANIA CENTRAL FCU 959 EAST PARK DRIVE HARRISBURG PA 17111-2810 .;';:f1!i' '~::M~~;)I' TO REPORT ERRORS OR MAKE: lNaUIIHES ABOU- "ELECTRONIC FUNDS TRANSFERS' WRITE TO THE AOQAESS A T LEFT OR CALL 717/564-4661 PA Central 125001BP 922. """ "'JI\(:(:()uNT"NUMBER 45311-017 ~"""ii'Y.V/ '"'~:,,""" 'f";,;"""" - ", '~":""'''idll^,\...; .. ""'.1..'(/'.."'" Toll Free 800-356-3875 Fax 717-564-1503 FEDERAL CREDIT UNION www.pacentralfcu.com .....-,...-........... ...........'.,.---....-.,..-..'.. '.. .....,...~;~~~~~..~."......~.~JP~....... 01-01-06 03-31-06 I SOCIAt.SEcbR'ITYNO. " ~ - CONSTANCE F PARKER 824 N COLLEGE ST CARLISLE PA 17013-1304 S.S.N. SECURED - I." 111...111......11..11.",11..11.11....1..1..1.1.1..1.1..11 REFl d LOC PMj - - PAGE" 0313106 017 SHARE ACCOUNT 03'31:06 D I V I DEND ANNUAL PERCENTAGE YIELD EARNED IS 00.75% PREVIOUS BALANC~ 671 NEW BALANCE 363460 3641:31 3641:31 ------n-----------------------YEAR TO DATE TOTALS------------------------------_ $6.71 REGULAR DIVIDENDS ELECTRONIC STATEMENTS NOW AVAILABLE! CHECK OUT THIS GREAT NEW SERVICE AT WWW.PACENTRALFCU.COM TO ENROLL TODAY - - = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . EXHIBIT 1-1L