The URL can be used to link to this page

Home My WebLink About07-27-06 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.: ESTATE OF GERARD E. SITES, DECEASED PETITION UNDER SECTION 3102 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE FOR SETTLEMENT OF SMALL ESTATE c' ,,1 TO THE HONORABLE JUDGES OF SAID COURT: I ...~ -j " , I I , . Debra H. Sites, your petitioner, files this Petition for Settlement of a Small Estate und~r the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code and in support thereof avers that: 1. Your petitioner, Debra H. Sites, is a competent adult residing at 30 Longview Drive, Mechanicsburg, P A 17050-2721, Cumberland County, Pennsylvania, and is the widow of Gerard E. Sites. 2. Gerard E. Sites, husband of the petitioner, died on April 11, 2006, at the age of 53 years, but prior thereto lived and was domiciled with petitioner at 30 Longview Drive, Mechanicsburg, PA 17050-2721, Cumberland County, Pennsylvania. He died with a Will and no letters testimentary have been issued. A copy of the Will is attached as Exhibit "1". 3. Gerard E. Sites had no probate estate when he died other than a Certificate of Deposit at Fulton Bank and one automobile. The automobile has been re-titled by the Department of Transportation into the name of the surviving spouse. Attached as Exhibit "2" is a Renewal Notice dated June 15,2006, from Fulton Bank regarding the Certificate of Deposit in the name of the Decedent. All other assets were owned as tenants-by-the-entireties with petitioner. 4. The sole beneficiary of the decedent under his Will is his widow, Debra H. Sites (petitioner). 5. Your petitioner avers that there are no creditors of the decedent and there are no claims unpaid that are known to your petitioner. WHEREFORE, your petitioner prays that an order be made authorizing distribution of the sum of$4,473.47 plus accrued interest from Fulton Bank, to Debra H. Sites, pursuant to Section 3102 of the Probate, Estates and Fiduciaries Code. By: crowu ( b David C. Miller, Jr., Esquire Attorney ID#36504 1100 Spring Garden Drive, Suite A Middletown, PA 17057 (717) 939-9806 Attorney for Petitioner VERIFICATION COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND Debra H. Sites, being duly sworn according to law, deposes and says that the facts contained in the foregoing Petition are true and correction to the best of her knowledge, information and belief. Sworn to and subscribed before me this I f1.. day of _~ , 2006. d.~ I J:Ji.u Debra H. Site~ JH OF PENNSYLVANIA NOTARIAl SEAl KITTY M. GLASSER, Notary Public 9Iwr SprIng Twp., ClI1lberIand CotI1ty My Commission Ellpires July 27, 2008 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing document were served upon all counsel of record this ~~ day of ~, 2005, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fulton Bank One Penn Square Lancaster, P A 17602-2853 LAW OFFICES OF DAVID C. MILLER, JR. (];SX0[() IA David C. Miller, Jr., Esquire - 'enn~ul\lania J\nnu J\ub J\ir ~atiOtUll Oiuarb ofpennsylvarua, being of sound and disposing mind and memorj, and being over the age of I,~ F. ~jtes , a resident of the COffil110nw~:lii eighteen (18) years", do make, publish, and declare this instrument as my LAST \VILL AND TESTAlvIENT, hereby revoking any and all Wills and Codicils heretofore made by me. FIRST: I am married to Dehra H. Sires ~nd reIerer:ces in this \Viii made to my spouse are to her/she. I have 2 children; n~n:ely: Laura N. Sites born 29 May 85 born24 Dee 8~ and Shane A. Sites born . I have no other children eilher natural or adopted nor have I had any childr,:; who are deceased leaving issue surviving them_ The terms "child of mine", "my ch.ild", aLld "",.' children", as used in this Will shall include any children hereafter born to or ado pled by me ;fc>.:; funl order of adoption has been entered before such child attains the age of eighteen (1 S) year::, SECOND: I give and bequeath all my personal property, tangible and intangible, .",:: and personal, wherever situate, not owned jointly with my spouse, to my spouse if she sur/iv,,:~ me. Should my spouse not surv-ive me, I bequeath such property to such of my children as 2,[':; living after my death, to be divided among them by my Executor with due regard for their personal pr~ferences in as nearly equal shares as practicable THnz.D: If my spouse docs not survive me, then I give, devise and bequeath all ;-,'j personal property which I may ovm at the time of my death, to my children in equal shares, including any children of mine that may be born or adopted subsequent to the making of thi~ . If any child of mine should predecease me leaving issue, that issue shall share equally that share; that their parent would have been entitled to had he or she survived me, per stirpes and not pc;; capita. FOURTH: If neither my said spOLlse nor any of my children or issue thereof shall survive me, then and in that event only, I give, devise, and bequeath the residue and remainck: - the property which I may own at the time of my death to the persons listed below, the percent set opposite each name: PERCENT NAME Richard A. Sites Jr- 33 _3'.\ 14 % (a) (b) (c) (d) % Sl1S~n M ~p;q1pr 12f'rhnra J _ 111 mr.~n 0/0 % FIFTH: If any of the beneficiaries named in paragraph FOUR shall not survive rDe, then such share shall be divided equally among the surviving beneficiaries, share and share alike. SIXTH: Wherever in this my LAST 'WILL AND TEST Al\lffiNT it is provided that any person surviving me shall benefit hereunder, such person shan be deemed not to have survived me if he or she shall die within thirty (30) days after my death. SEVENTH: If, pursuant to Paragraph FOURTH of this Will, all or any part of my est(~t(; would, but for this Article, vest in absolute ownership in a beneficiary under the age of twenty- one (21) years of age, upon my death, I direct that such part or any of my estate be distributed to WilliCfll Hockman ' as Custodian under the Pennsylvania Uniform Gifts to Minors Act, to be held and administered until such minor attains age twenty-one (21). The receipt by such Custodian shall constitute a full discharge and release of my Executor for any property so delivered. I direct that such Custodian or successor will not be required to give bonel for the faithful perforn1ance of their duties in any jurisdiction. EIGHTH: Ifmy spouse does not survive me, I appoint Wi11;all Hockman as Guardian(l) of the person of my minor child or children, or ifsuch personls) fai\(s) to act as Guardian, I appoint Fichard A. Sites Jr. ' as Alternate Guardian of the person of my minor child or children. It is my further wish that the guardian be permitted to change the residence of such children of mine from time to time to the state and county of sllch guardian's residence. NINTH: I appoint Debra H.. Sites Execl/rJJJ/trix of this my LAST WILL, or if such person fails to qualify or ceases to act as ExecutJJ/trix, - ~ - I as Alternate Executor of this my LAST WILL I direct that neither my Executor nor any successor shall be required to give bond I .appoint ~ichard A. Sites for the faithful performance of their duties in any jurisdiction. TENTH: 1 have served in the Armed Forces of the United States. This Will was prepared as part of;he Pre-Mobilization Legal Assistance program of the Pennsylvania Almy National Guard. Therefore, 1 direct my Executor to consult with the legal assistance ofEcer at the nearest military installation to ascertain if there are any benefits to which my dependents are entitled by virtue of my military affIliation at the time of my death. Regardless of my militalj status at the time of my death, 1 direct my Executor to consult with the nearest Veterans Adminlstration and Social Security Administration Office to ascertain if there are any benefits tei which my dependents may be entitled. IN WITNESS WHEREOF, 1 have hereunto set my hand this21st day of January ,/ffl_200l. ./ . /1'7, 'Z -c. 4 ~__ (SEAf) TESTATOR \ " I The preceding instrument, consisting of this and ~_ other typewritten pages, was on the day and date thereof signed, published and declared by Gerard E. Sites the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses her~to \ lh1~ Pttt(Li)c\il Witness 'v'vJn; V(~ Witness /jf/:;/m Witness - - - ,. - - -- --- ---. - -- p Pulton Bank lU~1 0064 53 Y LISTENING. ACCOUNT MOlIBD 306-~786671 POSTING DATE JUNE 15. 2006 GERARD E SITES 30 LONGVIEW DR HECHANICSBURG PA 17050-2721 REN!WM. NOTICE 12 MONTH CD PRINCIPAL VALUE... $4,473.47 ISSUE DATE... ..... .... JULY 14.2005 GRACE DAY5........ 10 MATURITY DATE......... JULY 14.2006 RENEWAL MATURITY DATE. JULY 14. 2007 RENEWAL INSTRUCTIONS: RENEW PRINCIPAL AND INTEllEST. INTEREST CIlKDITRD ANNUALLY DEAR CUSTOlfER: YOUR ACCOUN~ 306-3786671f WILL AUTOMATICALLY RENEW ON JULY 14, 2006. FOR AN ADDlTIONAL.leRM OF 12 MON HS. THE INTEREST RATE AND ANNUAL PERCENTAGE YIF.LD FOR THE NEW TEJlH HAVE NOT YET BEEN DEtERIHNED. RATE AND YIELD INFORMATION WILL BE AVAILABLE ON THE ttATURITY DATE OF YOUR ACCOUNT AND CAN BE OBTAINED BY CALLING US AT THE TELEPHONE NUKlER SROWN BELOW. IF NO CHANGES ARE MADE! THE VALUE OF YOUR ACCOUNT AT RENEWAL WILL BE $~473.47 WHICH INCLUDES A MATUR TY INTEREST PAYMENT OF ~140.88 THAT Wll.L BE All])w TO YOUR PRINCIPAL VALUE AT MATURITY. YOU WILL HAVE 10 CALENDAR DAYS AFTER THE KATURITY DATE TO WITHDllAW FUNDS WITHOUT PENALTY. INTEREST WILL NOT BE PAID ON FUNDS WITHDIlAWN DORING THB GRACE PERIOD. YOU DO NOT NEED TO DO ANYTHING IF YOU WISH TO RENEW YOUR ACCOUNT FOR AN ADDITIONAL THi.K. THANK YOU FOR BANKING WITH OS. ~f$f~j~~~~~jf; ~.. ADDITIONAL TF..RMS AND CONDITIONS OF CER.TIFICATES OF DEPOSIT APPEAR ON THE REVERSE OF nus NOTICE. D UECT INQUIRIES TO: TELEPHONE: FULTON BANK ONE PENN SQ LANCASTER PA 17602-2853 (717) 581-3000