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HomeMy WebLinkAbout08-03-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Arlene M. Viering also known as Arlene K. Viering No. 21-06- LP ~ 1 , Deceased Social Security No. 174-20-0476 Fae Sturn McMIllen Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) [!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 07/11/2002 and codicils dated Executrix named in the last Will of 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 incompetent: o B. Grant of Letters of Administration (c.t.a; a.o.n.c.La; peaente lite; aurante aosenlJa; aurante mlnontate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name KelatlOnSnlp KeSloence . . I ". . " (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 442 Walnut Bottom Road, Carlisle Borough (list street, numoer, ana mUniCipality) " {' Decedent, then 84 years of age, died 07/03/2006 at Thornwald Nursing Home, Carlisle, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania situated as follows: 20,000.00 $ $ $ $ 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: Igna ure c. 717-243-3634 repare y t e ennsy vama ar ssoclatton Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or 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 estate according to law. Sworn to or affirmed and subscribed 3 rt-\ before me this r~ day of ~ "XOW ,_~nc~~"-J -?"^- ~~'~ Ii No. .x "I~u ..JL, Fae Stum McMillen j, j. '...- \)l~ )J /.' ( {( ,. 21*06* LP ~ 1 Estate of Arlene M. Viering also known as Arlene K. Viering , Deceased Social Secu . Date of Death: 07/03/2006 AND NOW, -3 ~ocx.o , in consideration de hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters o Testamentary Oaf Administration (c.I.a.; d.b.n.c.l.a.; pendente lite; durante absentia; dtirante minoritate) are hereby granted to Fae Sturn McMillen, Executrix i',; c in the above estate and that the instrument(s) dated 7/11/2002 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. FEES Letters.... .... ... ........ ....... ... ............ $ l Q() .0D ?cD ~ Short Certificate(s)...................... $ Renunciation .............................. $ Attorney: Edward P. Seeber Affidavits ( )...........................$ Extl'd Fb~e.~ (~:.l.l............$ (6. cD 1.0. No: 76084 James, Smith, Dietterick & Connelly, LLP 134 Sipe Avenue Address: Codicil........ ............$ Hummelstown, PA 17036 \0.(30 Telephone: 717/533-3280 JCP Fee...... ..............$ Inventory.. ............$ E-Mail: eps@jsdc.com TOTAL..... ...........$ S ....... $ .-9'6 CD Other.. ro Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group. Inc. Form RW-1(1991) J; ~ \ : : i< ;-:1 W.MlNiNG. It is iilegal to t!4.is C.{J0~y nv Ohotcstat or /",,~", , ,< ..1\,/ ~..-..-...::'\~ I.....' ,'V;A--' if 12625118 [.i/rvn--- /( p ,J U L 0 5 2006 ;z 1-(jLo- lo01 V02/2006 ~INT IN NENT INK 1 Name of Decedent (First. middle, last. suffix) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH 84 v" Jan 4, 1922 Landisburg, Pa 3 Social Security Number 174 _ 20 _ 0476 STATE FILE NUMBER 4 Date of Dealh (Monlh, day, year) 7/3/2006 r., : ( Arlene K. Viering 5 Age (Last Birthday) 6. Dale of Birth Month, da ear 7 Birthplace Ci Other Cumberland Thornwald Nursing Home t 2 Was Decedent ever in the US Armed Forces? Dyes :{]No o Inpatient 0 ER IOutpalienl 0 DOA ia Nursing Home g. Was Decedent of Hispanic Origin? Xl No 0 Yes (II yes, specify Cuban, Mexican, Puerto Rican. etc.) o Residence 0 Other. Specify 10 Race Amencan Indian, Black, White elc (SpeCIfy) White Widow 8b County of Death ad. Facility Name (If not institution. give street and number) 14. Marital Status Married, Never Married, Widowed, Divorced (Specify) 17b. County Pennsylvania Cumberland Did Decedent Live in a Township? 17c. 0 Yes. Decedent Lived In 17d Ea No, Decedent Lived Within Actual limits of TWD 442 Walnut Bottom Carlisle Pa 18 Father'sName(First,middle,last,suffIX) Rd. Decedent's Actual Residence 17a State Carlisle City/Bora 19. Mother's Name (First. middle, maiden sumame) James E. sturn Fae McMillen Ruth J. Neel 20b. Informant's Maitlng Address (Street, cify! town, sfate, zip code) 116 Horners Rd., Carlisle, Pa 21b. Date of Dispositioo (Month, day, year) 21c. Pface of Disposition (Name of cemetery, crematory or other place) 21d Location (City ftown, slate, zip code) 20a. Inlormanl"s Name (Type I Print) 2006 Resurrection Cemetery Hbg, Pa 22c. Name and Address 01 Facility Funeral Home tlems 24-.-26 must be completed by person . who pronounces death 51 N atthelime.dalea~lur~ 24. Time of Death nounced Dead (Month, day, year) D3:C6~M ~v.1 0-3, z..-oO\P 23c. Date Signed (Month, day, year) Ju..10f ()3; '2..-00(,. 26. Was Case Referred to Medical Examiner I Coroner for a Reason Other than Cremation or Donation? o y., ~ ~uentiaUYlistcOOditionS,ifany ~nl~~~~o 0ND~~~~Ng' ~~U;'E (disease or injury that initiated the events resulting In death) LAST. A $~In:t\.h. Duep ~ r~:se~;c;;~ ~ Due to (or a.s a consequence of) P ~Y"'f"I." to. ~I~~p~' \ \,..) '" Part II: Enter other sianifican! coodilions contributina 1&.Q~all}, 28. Old Tobacco Use Contribute to Death? but not resulting in the underlying cause given in Part I 0 Yes 0 Probably 1;1. No 0 Unknown 29. If Female o Nol pregnant within past year o Pregnantattimeofdealh o Not pregnant. but pregnanl within 42 days of death o Not pregnant, but pregnant 43 days to 1 year of death o Unknown if pregnanl within the past year 32c Ptace of InIUf)'. Home. Farm, Street, Factory 'Office Building, etc (Specify) CAUSE OF DEATH (See Instructions and examples) Item 27. PART L Enter the cl:!am.oLe.Yenl~- diseases, injuries, or complications -that direc~y caused the death. 00 NOT enter tenninal events such as cardiac arrest respiratory arrest, or ventricular fibrillation without showing the eliok>gy List only one cause on each line. . : Approximate interval Onset to Death ~~~~~;e~~t~~~; J:~~\ disea~ Due 10 (or asa consequence of) DYes lSl-NO DYes DND 31 Manner of Death "a..Naturaf 0 Homicide o Accident 0 Pending lnve5bgalion o Suicide 0 Could Not be Determil1ed 32d. Time of Inlury 32g. LocaliOll of Injury (Street. city I town,slaleJ 30a Was an Autopsy Performed? 30b Were Autopsy Findings Available Prior to Completion 01 Cause of Death? Dpedestnan M 33a Certifier (check only one) Certifying physician (Physician ce.rt,.fying caus. e. of death when another physiCian ha.s '. ronounced death and completed Item 23) '60 To the best of my knowledge, death occurred due to Ihe causejs) and manner as state5i_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r ~~Ot~:u:~~~a~ :~~~~~,hJ:~~~a~~:~::: :~ht~~~~~~,n2n~::::e~a~~r1IZ~;I~Ot~~::~:~~~d manner as statid_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -D ~~:~;~~sm~~:~~;f~~~:' and I or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause{s) and manner as slat!:d_ _ -D and Title of Certifier P. (j r--\.... ~ """'"' ~ s Signature an9p);tricl N~..... /./r) (..! <: ,/~:!./J.t;,;,::v..:/;~t..c1~ ~ I / 1"'<'1 / J;" 33d Dale Signed (Month. day. year) J\:)~ 3, ~~"t)1. 34 Name and Address ofPer'3Qn Who~ompleled ~se of Death (Item 27) Type! Print \J <0<:' or,.... ~- -.::)f"'t."'~UJYl"' -. ~ ~ ~\) lA)~ 1"\..0..\ iOO'"'\t", Ill) (..:c.rL~t.. pz., 35 Regi da (See instructions and examples on reverse) r;2/- ()LP - LDS;'1 Last Will of ARLENE M. VIERING I, ARLENE M. VIERING, the Testatrix, a resident of Cumberland County, Pennsylvania, declare that this is my Last Will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am not currently married. Section 2. Children All references to "my children", subject to the exclusion of any child under subsequent provisions of this Section 2, are to all of the children so identified in this Section 2, but only to those children and any children born to or adopted by me subsequent to the execution of this, my Last Will. a. My Children I have no living children. ( .. Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order of priority in which their names appear: FAE STUMMCMILLEN; THEN CHARLES FRAKER; THEN NANCY STUM NEELY If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: dated ARLE~E M. VIERING LIVING TRUST, J U L 1 1 2002 and any amendments thereto. I executed said revocable living trust prior to the execution of this Last Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will, on JUL 1 2002 ~"f~ ARLENE M. VIERING v~ ATTESTATION CLAUSE On this j U Li i 2002 , ARLENE M. VIERING, Testatrix, personally Published and Declared the foregoing instrument, as and for her Last Will and Testament, in the presence of each of us and all of us together, who, at her request, in her presence, and in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time she executed the foregoing instrument she was of sound mind and memory, of lawful age, and did so execute it as her own free act and deed and not under the constraint or undue influence of any person. ,<I) MI1 .)! ! J! ei/J~LjJ~ffz WItness ' /) II .-fi~'.lLtL KuLld Street Address "'" ,}UJ};tU)I( Pit )/)l3// Ci~ , State, Zip ~ '-t_ zt- r. k'J.... 1 VX st < - '\ l-" (, ~ ,'_ j. 'l,\~, '." - . .,-_1 <--:J . LvLL. lL { '-......\ Street Address P" - tLU'}l L City, State~p' .~ liU7g COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN We, ARLENEM. VIERING, r:':iu,:'fi.)) I)) Cl.tL{(('C!C and 11 r \ L CCfJ[ ,---; (1-1 f[L , the Testatrix and the wItnesses, respectively, whose names are si~ned ;0 the attached or foregoing instrument, being duly first sworn, do hereby declare to the undersigned authority that we were present and saw the Testatrix sign and execute the foregoing instrument as her Last Will; that the Testatrix signed it willingly, or directed another to sign it for the Testatrix, that it was executed as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testatrix signed the Last Will as a witness; and that to the best of our knowledge the Testatrix was at the time of sound mind and memory, of lawful age, and under no constraint or undue influence. r;, L f e...v, >=-- 1 / ..-tL-L ~ ~ ARLENE M. VIERING - 7 {~I & I' XJJ u\{ti}j r /( . v (11)./ 'D(2'~ , ~ .f W.-, ,,' Itness v " /'1 -1 LJi rLU(J '\( ~~: - Witness SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by ENE M. VIERING, the Testatrix, and ~ j<'O (J I, 6l I !c'tJ l{~' I, "/, (J)[ , the witnesses, on this J IJ 200? ~~ If J'dli.tu;-P Notaty- PUb;iC (SEAL)