Loading...
HomeMy WebLinkAbout03-15-07 . ~ Register of Wills of Cumber land County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Ar lene HAlderman also known as Arlene Alderman No. d/~07, ;SO , Deceased Social Security No. 202 - 28 - 3864 James J. Alderman and Michael J. Alderman Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ~..., c:.~::t (') ~ c~;O ~ '~i~ ~~ name~~~ last Wiif of : ;f:S U; ,-I J ...->, '?~~~I -.,..-.- t [K] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut ors the Decedent, dated 06/17/2004 and codicil(s) dated None ~ ~ '-::-J.'] --j =-0 ._ 0 Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution' of the documemS offered for probate; was not the victim of a killing and was never adjudicated incompetent: State relevant circumstances, e.g., renunciation, death of executor, etc. - . . -i-I D 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 that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I Richard J. Alderman, Jr. Son 50 First St, Meadowlands, PA James J. Alderman Son 1773 N Meadow Dr, Mechanicsburg, PA Daniel J. Alderman Son 695 Doe Lane, Lewisberrv, PA Michael J. Alderman Son 81 Greenwood Cir., Wormleysburg, PA John W. Springer Brother 3317 Waltham Ave., Pittsburgh, PA (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 1700 N. Market Street, Camp Hill, Camp Hill, PA 17011 (list street, number, and municipality) Decedent, then ~years of age, died 02/28/2007 at Manor Care - Camp Hill, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in P A) Personal property in Pennsylvania (It not domiciled in PA) Personal property in County Value of real estate in Pennsylvania 555,000.00 $ $ $ $ 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 a riate form to the undersi ned: S' nature T ed or rinted name and residence James J. Alderman 773 N. Meadow Drive, Mechanicsbur , PA Michael J. Alderman 81 Greenwood Circle, Wormle sbur , PA 17055 17043 Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991) Name M Aldennan Lindsa M. Aldennan Pia J. Alderman Greta C. Alderman William J. Alderman Ethan J. Alderman Alexander J. Alderman Additional heirs Relationshi Grandchild Grandchild Grandchild Grandchild Grandchild Grandchild Grandchild C) (=;0 "l~o ! -,~:;: f~;~ ._~ 2;; ;~ Ot -dSO C) "'[ " l"'-.,) {':.'::1 c::;:;;:l ........ :Ii: ~ :;0 Ul :0>' - -- o -..J " (\~ ,:,:.c:: '?:cv ' !('\~ -:Thi~- is' ~o certify that the information here given is correctly copied fro~ an original ce~ificate of death dulr filed with me as Local Registrar. The original certificate will be forwarded to the State VItal Records OffIce for permanent fllmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~f_A-h" ~~~M Local Registrar . Fee for this certificate, $6.00 p 13378358 11t~ t ~ tr<?J ( Date i".) C'::J C:) --.J (~ :;~~ .1-0 lIe) :3~~ (J) 7" t-.S ~~~ .......~,~\,'" ~ j:rlO -ti;..... U1 ::=~ c:> -J Hl05-143 REV 1112006 TYPE I PRINT IN PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FilE NUMBER Twp cay I DYe. 'NO 31. !.tame< 01 Oeatll Natural 0 HomfCl<le o Aoc'<lelll 0 Pelldlog Investigalioo o SuICide 0 COtJId NoI be IJelemllned ApptOJlimale ........1: Part U: Enler _ ~ <XllldiIirJns rnnlIibuIina 10 deal!. 28. Did Tobacco Use ~ to 0eaIh? Ooset to Ileall bill no! redng in ... unclod'finll...... gHen in Pari I 0 YH 0 PrdIoIlIy DNa 29.~~ Id" Nol pregnant _ paOl year o Ptegnanl at time 01 dealll o Nol pregnant. bill pregnant _ 42 daV'i 01 <lea.. o Nol pregnant. bill pr..,....43 days 10 lye.. before dealll o Unl<nown iI pregnant w_ the Il'lOl ye.. 32c Place 01 Injury: Home, F""", Street, Factory. 0IIice ~, ole (Specify) ==J~US:"~dl5e= ~IoslC<l<llllllOnli.i1any. =a:~=ru=:a Idrsease or injury .... _ ... ........ .....1lIrig VI dealh) LAST. Due 10 (or as a consequence 01): Due 10 (or as a coo""'luence 01) :IDa Was an ~opsy Pedorrncd? :n Were ~y FOJdrngs Ava_ Prior 10 Completion of Cause 01 Death? o Yes era 32d. TIfII8 of II1jury 32g. location oIlrVY (Street. city J lawn. slalel M 330. C_, (cI1eck only 000) CtnIIyiRi pl>ysi<ion IPlly"""'" ceruly"'Y cause 01 doam when anOlher phySll.,an has pronounced ooalh and oompIeled hem 231 To the_af my 1Inowloclgt, _ occurreddUt IoIIIe cause(s) and m.......' aallaUd.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ . =::. ': ~.:::::.=~:: ;..~;:':::~ ~r::~ 'i::'~~~ mOllner.. alated.. _ _ ~ ~~" _ _ _ _ _ _ _ _ _ _ _ 0 . ::= ~aa::~",: and / Of Invastigallon, in my opinion. death occurred ollila 11_. date, and plooa, and _10 the "",*,al and manner a, IIa1IlL 0 ~ ~ t!1 ~ ~ 33c. License Number ~() \.(.1..-"( O'l- - '- 34. Name and Addr." 01 Porsoo Who~Causeo/ Death (118m 27) Type/Prill tLu.... ~ ~,J.)V~ M!) ~ 't-.. 'l.4~"'-- \b\\ r-- Disposition Permit No tUl. Jan. aua oJ (l'JiulIeu! J~~ ',~2~~ (3. ~:~ ~l c::::l <::::.l --.J ::Il': ::!:Ie. :::u (J1 ARLENE ALDERMAN ~:: - =l5 ---I o -.J I, Arlene Alderman, currently of Cumberland County, Pennsylvania, declare this to be my last will and testament and revoke all prior wills and codicils made by me. 1. Personalty. I bequeath such items of my tangible personal property, as are specifically itemized on the list, if any, in my handwriting, signed and dated by me at the end thereof, and attached to this, my last will and testament, to the persons named thereon to receive such items. I bequeath to my children all of my remaining tangible personal property not used in business or for the production of income, including without limitation furniture, clothing, jewelry, objects of art and decoration, and the like, but not including motor vehicles which I own, together with the insurance thereon. With regard to the property passing hereunder, distribution shall be made among said children on the basis of choices in order determined by lot and rotation, and the values as finally determined for inheritance tax purposes shall be determinative with regard to the values of the property chosen, and any disparity among said children shall be equaled by such payments among them as may be necessary. If anyone of said children are not living at the time of my death, the choices to which he or she would have been entitled shall be made by his or her issue in order determined by lot and rotation. 2. Special Bequests. (a) I bequeath one thousand (1,000) shares of Class A common stock of Pennsylvania Manufacturers Corporation to my brother, John W. Springer, if he survives me, and if he does not survive me, to his wife, Caron Springer, if she survives me. If I do not hold any such stock at the time of my death, then I give to John W. Springer, if he survives me, the sum of Twenty Thousand Dollars ($20,000.00), and if he does not survive me, then I give such amount to Caron Springer, if she survives me. (b) I bequeath one thousand (1,000) shares of Class A common stock of Pennsylvania Manufacturers Corporation to each of my grandchildren, but not including Maggie Alderman, David J. Alderman or Thomas Nagle, who received similar bequests under my deceased husband's will. If I do not hold any such stock at the time of my death, then I bequeath to each of my grandchildren the sum of Twenty-five Thousand Dollars ($25,000.00), other than Maggie Alderman, David J. Alderman or Thomas Nagle. b-r vfL 3. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, to my issue per stirpes, provided, however, that if any such issue other than a child of mine is then under the age of thirty-five (35) years, his or her share shall be held for him in a separate trust hereunder under the terms of paragraph 5 below, or, if no issue of mine are then living, the same shall be subject to the terms of paragraph 4 below. 4. Alternate Distribution. Any property held hereunder when no issue of mine are living which is not effectively disposed of elsewhere herein shall be distributed outright one-half per stirpes to the issue of my parents and one-half per stirpes to the issue of my husband's parents. 5. Separate Trusts. The income and principal of a separate trust in which a share is held for a beneficiary pursuant to the terms of Article 3 above shall be distributed as follows: (a) Income. The income shall be distributed at least quarterly to or for the benefit of the beneficiary. No payment shall be made under this subparagraph (a) which would discharge to any extent the legal obligation of any person for the support of the beneficiary. (b) Principal. The trustees shall pay from the principal such sums to or for any or all of the beneficiary and his or her issue as in the discretion of the Trustees seems proper for their support, maintenance, health care, and education, and such sums to or for the benefit of the beneficiary as in the discretion of the Trustees seem proper to help establish him of her in a business or profession or to acquire or furnish a home for him or her, taking into account the other sources of income, support and estate that are available to the distributee, the reasonably anticipated needs and resources of the beneficiary and his or her issue, their income and estate tax brackets, the desirability of the transaction (if any), and the possible application of any generation- skipping tax. No payment shall be made under this subparagraph (b) which would discharge to any extent the legal obligation of any person for the support of the distributee. (c) Distribution of Separate Trust. (i) When such beneficiary shall have attained the age of twenty-five (25) years, the Trustees shall distribute to him or her at written request one-third (113) of the remaining principal balance then held in his or her separate trust; when such beneficiary shat! have attained the age of thirty (30) years, the Trustees shall distribute to him or her at written request one-half (1/2) of the remaining principal balance; and when such beneficiary shall have attained the age of thirty-five (35) years, the Trustees shall distribute to him or her at written request the entire balance held in his or her separate trust. (ii) If such beneficiary should die before making proper request for the entire balance in his or her separate trust, then the entire balance in his or her separate trust shall at his or her death be distributed, outright or in trust, I such sums or proportions as such beneficiary may direct in his or her last will, expressly referring to his or her separate trust hereunder, but only among my issue and their spouses or ~{j former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision); and to the extent that such beneficiary shall fail to exercise effectively his or her limited power of appointment hereunder, the aforementioned balance in his or her separate trust shall then be distributed per stirpes to his or her issue, or, if no such issue survive him or her, per stirpes to the issue of his or her parent who was a child or more remote descendant of mine, or, if no such issue survive him or her, per stirpes to my issue, with the share of any of such issue for whom property is then held in or payable to a separate trust under this paragraph 5 being added to such separate trust, or, if no issue of mine are then living, said balance shall be subject to the provisions of paragraph 4 above. (d) Disposition Upon Application of Rule Aaainst Perpetuities. If during the lifetime of a person for whom a separate trust under this paragraph 5 was established the interest of such person therein becomes void under the applicable rule against perpetuities, then the balance in such separate trust shall then be distributed outright to such person. 6. Survival Clause. If any beneficiary hereunder should die within sixty (50) days after me or within sixty (60) days after any other person the survival of whom determines his or her rights hereunder, then such beneficiary shall be deemed to have predeceased me or such person for all purposes hereunder. 7. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided, however, that upon written request by my husband, they shall within a reasonable time make productive of income any interest in property (however and whenever acquired) held in Trust A hereunder. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks, and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at any time held by them, with or without order of court at their option, at public or private sale or otherwise, for cash or other consideration or for such credit terms as they think proper, and upon such terms and for such prices as they may determine, and to convey such property free of all tru sts. ~'Q/ (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amount so borrowed, and to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporation as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them, for as long a period of time and on such terms, as they may determine, and to adjust, settle and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) To hold, manage, and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms, and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural and otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. G) To register any securities at any time in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities held hereunder, to vote upon any proposition or election at any meeting of the person or entity issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to payout of the trust created herein, any fees, expenses, and assessments incurred in connection therewith; to exercise any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (I) To engage in sales, leases, loans, and other transaction with my estate, the estate of my husband, or any trust established by either of us, even if they are also fiduciaries or beneficiaries thereof. (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceedw:tute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, however, that they need not institute any action unless they shall have been indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, they desire to institute such action without indemnification, they are hereby authorized to be reimbursed for all expenses and liabilities incurred as a result thereof from any amount which may be held in trust hereunder then or thereafter. (n) To exercise all elections which they may have with respect to income, gift, estate, inheritance or other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to payor to defer payment of any tax, in all events without their being bound to require contribution from any other person. (0) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 8. Spendthrift Clause. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his or her said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of the fiduciaries for any liability of such beneficiary, whether such liability arises from his or her debts, contracts, torts, or other engagements of any type. 9. Facility of Payments for Minors or Incompetents. Any amounts or property which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. 10. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includable in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executors may in the discretion of the executors request that any portion or all of said taxes (to be paid our of the principal of my general estate) shall instead be paid out of the principal of any trust established by me in this will or otherwise, to the extent expressly authorized under the terms of said trust. 61 bY 11. Fiduciaries. I appoint as executors my sons, James J. Alderman, currently of Mechanicsburg, Pennsylvania, and Michael J. Alderman, currently of Camp Hill, Pennsylvania. If either James or Michael is unable or unwilling to serve as executor, then my son, Daniel J. Alderman, shall service in his place. I appoint as Trustee hereunder (if necessary) my son, James J. Alderman. If he should be unable or unwilling to serve or to complete the administration of any trust hereunder, then Michael J. Alderman shall serve as Trustee, and if Michael J. Alderman is unable or unwilling to serve as Trustee, then Daniel J. Alderman shall serve as Trustee. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary shall be required to furnish bond or other security for the proper performance of duties hereunder. IN WITNESS ~HEREOF, I have hereunto set my hand to this my Last Will and Testament this / 77". day of :r;;"AIO , 2004. d~~ Wit s ~2~~~ft))* J~A (X~ Arlene Alderman-v' ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND I, Arlene Alderman, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to the law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. J CL/~~ Arlene Alderman Sworn or a~ed and acknowledged before me by Arlene Alderman, the Testatrix, this /7 day of .qup~ ,2004. HOWML IIAI. NI1t S GIIDMN NoIaIy PubIc .........CQII\fCFQa:18J1A1) MIl COI~.1IIIIoA &pRe..... 7. 2001 .) J~ \ ! -,./. ,'-tJ-J Not# ~ f AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND and t e witnesses are attached to the foregoing document, being duly q Iified according to the law, do depose and say that we were present and saw Testat sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. 1/ ~ j1u1 /I'/L'; . , ~d* -. Sworn or a. ffirmed and subscribed beforep. e by ~~ "D"w;tG 'l1teodolU?- fJ ~ this I ~ day of , ' 2004. and NONw.... I M1i. GIDMW Notary NIle ......MlIIOI...CQHfClFClJ.f.JlINI) __.ec.r-. II J\.......... 7. 200J NotaS1~ xl ~