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Home My WebLink About08-10-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of JOSEPH A LAWLER. JR. also known as File Number oP / ~ o:?JO r; - 155- , Deceased Social Security Number 186-34-1369 CATHARINE BORDA [Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are tb,' last Will of the Decedent dated 10/17/2000 and codicil(s) dated None Executrix o Co ::-;;::0 ',,1-.:)0 i;;f:., 'Z,-PI . <'(0~ --'. ,. ~);9~ .-: -D ~:::; =-1 r-J = c::;:I --.l J> c= (i) wuned o Petitioner(s), who is/are 18 years of age or older, applylies) for: (COMPLETE 'A' OR 'B' BELOW:) .......-. (-~) 3'- :x: o , ; o Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(~ffered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: None (State relevant circumstances, e.g., renunciation, death of executor, etc.) o B. Grant of Letters of Administration (If applicable, enter: 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 heiq!if Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of he iI's.) r Name Relationshio Residence I (COMPLETE IN ALL CASES:) Anach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his / her last principal residence at 5 ROUND HILL ROAD CAMP HILL PA 17011 E. PENNSBORO TOWNSHIP (List street address, town/city, township, county, state, zip code) Decedent, then 65 yearsofage,diedon7/21/2007 at 5 ROUND HILL ROAD CAMP HILL PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 2.500.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 195000.00 5 ROUND HILL ROAD, EAST PENNSBORO TWP, CUMBERLAND COUNTY, PENNSYLVANIA 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 res idence CATHARINE BORDA 218 COCKLEYS DRIVE MECHANICSBURG PA 17011 Page 1 of2 Form RIV-02 rev. 10.13.06 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS 2001 AUG lOAM /0= 02 COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing peti~4~~.1<: Dti correct to the best of (' onrn"'" 1/ ,') FNI)Dr. the knowledge and beliefofPetitioner(s) and that, as personal representative(s) of the Decedent,LDl4iitrollef(;,-~ii'f;W'eR~nd truly . .., r~", administer the estate according to law. before me the 1 Oth day of Sworn to or affilmed and subscribed 1#~;;'~ Signature of Personal Representative Signature of Personal Representative File Number: c/ I . ol(J()r7 ~ /f.55 Estate of JOSEPH A LAWLER. JR. , Deceased Social Security Number: 186-34-1369 AND NOW, Auoust 10 ,2007 having been presented before me, IT IS DECREED that Letter<< are hereby granted to CATHARINE BORDA Date of Death: 7/21/2007 , in consideration of the foregoing Petition, satisfactory proof Testamentarv in the above estate and that the instrument(s) dated OCTOBER 17. 2000 described in the Petition be admitted to probate and filed of rec FEES $ cfl &0. {XJ $ <(;,00 Attorney Signature: $ $ Attorney Name: David C. Miller. Jr. $ lO,dD Supreme Court LD. No.: 36504 '5.cP $ $ \'.:}'OO Address: 1100 Sorino Garden Drive Suite A $ Middletown $ $ PA 17057 $ 717 -939-9806 $ Telephone: $ o71K.ct> Letters ............................. Short Certificate(s) ............ Renunciation(s) ................ Tax Return Filino Fee JCP Fee Automation Fee V~ \\ TOTAL Form RW-02 rev. 10.13.06 Page 2 of2 HI05.805 REV (01107) 6'7 - '7 55 . LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograp!;k Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original' certificate will be forwarded to the State Vital Records Office for manent filing. Fee for this certificate, $6.00 I" P 13709172 (:J ;=0 c"j:O .'.J : ;;:c () . ,~>r- 2:: rrl .:;u5~ 'C")o QI1 :0 .0--1 .:I> ,~ = = --' ):loo c en o .t43REV 11J2OO1 'PE I PlW<T II - BLACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (s.. InOuctIOna Ind .xampIu on ,."..) ;:!:::D ::::r::: o .. Couolr 01 0MlII Cunber land Id.Fdr_lIno1_gioIO-"'- STATE ALE IIUaeEA 4. _ 01 0MlII (IoIonIl. _lIWl Jul 21 2007 o N . ~ -" 1._oI_t__.....UIol JOSEPH A. LAWLER, JR. 5..(LIII_ 65 VIS. .._01.... 7. 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ARTICLE ONE Payment of Last Exoenses I direct my Personal Representative to pay the expenses of my last illness and my funeral expenses as soon as may be convenient after my death. ARTICLE TWO Taneible Personal Property Section 1. All my automobiles, household and personal effects, and other tangible personal property of like nature (not including cash or securities) I give as I may have provided in a memorandum kept with the original of this Will, or to the extent not so provided, my sisters CATHARINE BORDA and MARY ABRUZZESE, as are living on the thirty-frrst (31st) day after my death, in such shares or by such items as they may agree upon or, if they are unable to agree, then in such shares or by such items of approximately equal value as they may select by lot. Any such property not so distributed shall be sold and the proceeds added to my residuary estate passing under Article Three of this Will. ARTICLE THREE Residue Section 1. Outright to Sisters. I give all the residue of my estate remaining after application of Section 1 of this Article Three to my sisters, CATHARINE BORDA and MARY ABRUZZESE as are living on the thirty-frrst (31st) day after my death, outright and free of trust, in equal shares, the share of any predeceased sister to be distributed to such sister's issue, per stirpes, subject to the minor beneficiary provisions contained hereinafter. Section 2. Ultimate Distribution. If any amount of my estate hereunder remains undistributed under the foregoing provisions, my Personal Representatives shall distribute such amount to those persons who would have been entitled thereto if I had died at that time intestate, unmarried, without children surviving, and domiciled in the Commonwealth of Pennsylvania. ARTICLE FOUR Minor Beneficiaries If any beneficiary who is entitled to receive absolutely and free of trust a share of the principal of my estate or any trust created hereunder, except pursuant to Article Two hereof, is under the age of twenty-one (21) years (hereinafter in this Will called a "minor," notwithstanding the fact that such beneficiary is deemed to possess legal capacity because said beneficiary has attained the age of majority under applicable state law), such share shall either be: Section 1. Distributed to a custodian of said minor under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state; or Section 2. Placed or retained in the possession of my Executor who shall have discretion to use or apply so much of said share and so much of the net income, if any, therefrom as he may deem advisable toward the health, maintenance, education and support of said minor, accumulating and investing any income not needed for such purposes and later utilizing it therefor if deemed advisable, until said minor has reached said age or has sooner died at which time my Executor shall distribute the rest of said share, together with any accumulated income then remaining, outright to said minor or to his or her estate, as the case may be. For the purposes of such administration my Executor shall have all the powers, rights and discretions elsewhere conferred upon him by this Will or by law and shall be entitled to the same compensation in respect of both income and principal as if acting or continuing to act as testamentary Trustee with respect to said share. My Executor shall not be under any duty to sell any tangible personal property that may be subject to this Section 2 in order to render the proceeds productive of income and may in his discretion allow said minor to have the possession and use of any such property notwithstanding his or her minority without liability on the part of my Executor for wear and tear, damage or the loss that may result therefrom. It is the intent of this Section 2 to constitute my Executor as the holder of powers in trust for the purposes above indicated. 2 ARTICLE FIVE Other Provisions Affectine Trusts for Minors Section 1. Disbursements to or for the Benefit of Minors. In the disbursement of funds paid under this Will to or for the use and benefit of any beneficiary who is a minor, the Executor may make payment of the same to the parents, guardian or such other person having custody of the person of that minor at the time such payments are made, but without liability on the part of the Executor to see to the application of said payments by the payee, and the receipt of any such person shall be a full acquittance of the Executor as to any amounts so paid, or the Executor may make payment of the same directly to or for the benefit of such minor. The Executor is also hereby authorized to make payments of such funds to a custodian, which may be a person or institution appointed by the Executor, as a transfer under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, and the receipt of the custodian shall be a full acquittance of the Executor as to any amounts so paid. Section 2. Stock Dividends. Corporate distributions received in shares of the distributing corporation shall be allocated to principal, regardless of the number of shares and however described or designated by the distributing corporation. Section 3. Spendthrift Provision. During the continuance of any of the trusts created under Article Four of this Will the principal sums thus held in trust for the beneficiaries, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiaries, or any of them, now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and the beneficiaries under Article Four hereof, shall have no power to sell, assign, or encumber all or any part of the said principal sums or their interest therein respectively, or the income thereof, or to anticipate the said income. If any anticipation, assignment or transfer, whether voluntary or involuntary, or by operation of law, shall be made or attempted by or against any beneficiary under Article Four hereof, all further payments to said beneficiary of income or principal of the trust shall be suspended for such period of time or indefmitely (but in no case for longer than the term of the trust) as the Executor shall determine and, in lieu of such payments, the Executor may apply so much of the income or principal of the trust, or both, as the Executor may deem necessary for the health, support, maintenance and education of said beneficiary, and all income of the trust not so applied shall, in the sole discretion of the Executor, be accumulated and added to the principal of the trust fund at such time or times as the Executor may deem to be in the best interests of the beneficiary. Section 4. Rule Against Per.petuities. No trust created hereunder shall fail to vest within twenty-one (21) years after the life of the last to die of a class consisting of my issue in being, and upon the failure to vest within such period, any such trust shall terminate and the assets thereof shall be distributed outright to the beneficiaries of said trust per stirpes. 3 notes, bonds, mortgages, and other instruments and to perform all acts necessary, proper or convenient in connection therewith, any and all such loans and mortgages to be made in the sole discretion of my Personal Representative and for such amounts and upon such terms as my Personal Representative deems proper. Section 7. Business Powers. My Personal Representative may carry on any business owned and operated by me or my estate as a sole proprietorship or any business conducted by a limited or general partnership of which I or my estate was a partner for whatever period of time my Personal Representative may deem advisable, and to that end my Personal Representative shall have the power to do any and all things deemed necessary or appropriate, including the power to pay any negative cash flow, the power to incorporate any such business or hold the stock as an investment, the power to borrow and pledge assets held in trust as security for such borrowing, the power to liquidate or sell any such business or such interests therein at public or private sale and at such times and upon such terms as my Personal Representative deems advisable, and the power to employ agents to manage and operate such business without liability for the actions of any such agents, or for any loss, liability, or indebtedness of such business, if the management is selected or retained with reasonable care. Section 8. Waiver of Bond. No Personal Representative hereunder shall be required to give bond for the faithful performance of duty in any jurisdiction. ARTICLE SEVEN Source of Payment of Debts. Expenses and Taxes All estate taxes, inheritance taxes, transfer taxes and other taxes of similar nature, together with any interest and penalties thereon, payable by reason of my death upon the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, and all debts, costs of administration and other proper expenses paid by my Personal Representative shall be paid from the principal of my residuary estate passing hereunder, without reimbursement from or apportionment among the legatees or devisees or persons having a beneficial interest in any such property. Assets sold by my Personal Representative to make payments hereunder shall be selected, to the extent advisable, so as to minimize the recognition by my estate of gain for income tax purposes. My Personal Representative may enter into such agreement or make such election to pay all or any part of the death taxes on any future interest as may be deemed appropriate, and such agreement shall be binding upon all parties in interest. 5 ARTICLE EIGHT Interpretation of Will Section 1. Sin~ular and Plural: Use of Gender. Whenever used herein, the singular shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. Section 2. Definition of Child. Children or Issue. Whenever the terms "child," "children" and "issue" are used herein, such terms shall include adopted children, regardless of the date of adoption, with full effect as if they were the natural children of the adopting parents. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. Section 3. Captions. The captions of articles and sections of this Will are for convenience of reference only and shall not affect the interpretation of this Will. Section 4. Governin~ Law. I hereby declare that I am a domiciliary of the Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership of any property passing at the time of my death other than under this Will, and that no succession laws of any other nation or state shall have any applicability to this Will or the ownership of any other property passing at the time of my death other than under this Will. [REMAINDER OF TillS PAGE INTENTIONALLY LEFT BLANK] 6 IN WITNESS WHEREOF, I h~ve hereunto set my hand and seal to the original of this Will only this .a day of c:J~-- , 2000. Y (SEAL) Signed, sealed, published and declared by JOSEPH A. LAWLER, JR., as and for said person's Will in the presence of us and each of us, who, at said person's request, in said person's presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. 12-- ;? ~/ - Residing at J~ (/t ~ ~/" f ~ / ~d ~~ Residing at ~ ~\;~ R\ , 7 ACKNOWLEDGMENT AND AFFIDAVIT COUNTY OF DAUPHIN ) ) ) SS: COMMONWEALTH OF PENNSYLVANIA We, ~Nl~ --=?. 8.x:\6... , ~bact-,.. \. ~ f--",hT~. and JOSEPH A. LAWLER, JR., the Maker of this Will and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Maker signed and executed the instrument as the Maker's Last Will and that the Maker signed willingly, and that the Maker executed it as the Maker's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Maker, signed the Will as witnesses and that to the best of their knowledge the Maker was at that time eighteen years of a e or older, of sound mind and under no cons~ undue influence. I Witness ~c:f Witness ( r9:/u:\ ~ SUBSCRIBED, sworn to and acknowledged before me by JOSEPH A. LAWLER JR, the Maker, and subscribed and sworn to before me by ~o.o P Coci\ and fnrtom l. f(}.ftn , witnesses, this ~ day of Del- . ,2000. " ~ct iYl. J!-C~ Notary Public Notarial Seal Melissa M. Zeiders, ~otary Public Harrisburg, Dauphin County My Commission Expires Feb. 24, 2003 Member, Pennsyillanle. Msociation of Notanes L0225178--10/17/00 8