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Home My WebLink About12-05-07 PETITION FOR PROBATE and G,NT OF LETTERS Estate of Bruce L. Gates No. 1- 0,- //67 also known as To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 196-18-3642 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut or named in the last will of the above decedent, dated Seotember 8. 2005 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Carlisle. Cumberland County, Pennsylvania, with h is last family or principal residence at 1000 West South Street. Carlisle. Pennsvlvania (list street, number and municipality) Decedent, then 84 years of age, died 11/29/2007 at Sara A. Todd Memorial Home. 1000 West South Street. Carlisle. Pennsvlvania Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (Ifnot domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ $ $ $ 100.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters ~h"eon K if d ~...I- g Frji!11k K. Gates '" "0 "r:ii- '" '" 0:::';:;" '" "0 '" [;j .g ~.- ~d) ",,,- ...,,- ~ 0 '" bl) (;i3 testamentarv (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) 1809 Dogwood Road Harrisbura PA 17110 () c;o . -g '~~o -.?~E .~ ;:; --'.~ '.j)^ '(j -~ . ..")C :,~~,c: I J . :::0 -r' --f ~.t:'> >>- :x 0) ... OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA} ss 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 represen- tative(s) ofthe above decedent petitioner(s) will well ~ truly d i " :t::t~accOrding to law. Sworn to or affirmed'EQ subscribed ~ . ~~me~5"~oo..,daYOf ~ GDc1 ~J 12.. ~A:Lkfv-t~ & (f' Register U { ,'" <::::) <::::) -.J CJ tTJ ("'") ( CJ'l .J.J n"! r) C) :J.:J !'-) r~FJ t.::J ~.~~ C> " "n -n (,"~5 roO rrl c-, (::-) .~~: i~ No. ;J,/-(),- I. . Estate of Bruce L. Gates , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW~ t. Q )('(I. k ~ 801/ , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, lT IS DECREED that the instrument(s) dated 9/8/2005 described therein be admitted to probate and filed of record as the last will of Bruce L. Gates and Letters Testamentarv are hereby granted to Frank K. Gates FEES Probate, Letters, Etc.. . . . . . . . $ 80.ex') Short Certificates ( }...... $ 4, 00 ~H_u_:..l~vu. . . . W 11;-1.,.... . . $ '8,dJ ...K.P 1 . <.:;x:) Q.....J:<foN\ili' aIV'o.. $ 5, a, TOTAL _ $ 54.00 '~ Amy M. Moya Ji.J?i/!//.~ I~.J - 91402 !JJ;,'1? ~ p/ . ATTORNEY (Sup. ~i.D. No.) 4811 Jonestown Road, Suite 226 Harrisbura PA 17109 ADDRESS 717-652-7323 Filed. . . . . . . . PHONE o So )~o :+~..-r-- 07ln "..":1::") (J)^ (;C) C) -'11 C "'J -o~~ )::> ......., = = ~ o 1"'1 ("") ( U1 :z:,. 3: c:p +" .::D 0j C) Tl ',"'.) 'Yl C"J ( -J <::> -,., ~j C) r... rTl L'j ,.-) _c~~ '1 Last Will and Testament of Bruce L. Gates I, Bruce L. Gates, a resident of Harrisburg, Dauphin County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Last Will and Testament. Article One Family Information I have three children. Their names and dates of birth are: () ~.:;o - "T} -".:J :T(~) t-=:<-":'r-- "- iTl :n ^ :=20 ';-:~11 Calvin J. Gates, born on April 26, 1949 Carol Ann (Gates) Graham, born on April 26, 1949 .:- Frank K. Gates, born on July 25, 1950 All references to my children in my will are to these children. Article Two Specific and General Gifts Section 2.01 Distribution of Tangible Personal Property I give all my tangible personal property, together with any insurance policies covering such property and claims under such policies to my children, in shares of substantially equal value to be divided among my children as they shall agree. In case my children do not agree upon the division of the property within a reasonable time not to exceed 6 months after my death, my Executor shall make the division. My Executor may select an individual to represent any child my Executor believes is incapable of acting in his or her own best interest. My Executor, whose decision shall be final and binding, may use a lottery or rotation system to determine the order of selection and distribution of any such property, or may otherwise allocate and distribute the same. As an alternative, my Executor may sell any of the property and distribute the net proceeds equally among my living children. My Page 1 ,...., = => ~ CJ ~ C-.> ( U1 .:T:] r.';"l (-) C) =~r] ~;:~ j"'--' ',"",.."" :x::- ::E:: CD " ~..) C) ..~'-t _0- ,'! :. ,;- c.> ;..= f"T1 V) C) -n Executor shall incur no liability to any party for any decision made by my Executor with respect to either the division or sale of my tangible personal property, and any decision made by my Executor shall be final and binding on all of my beneficiaries. Section 2.02 Definition of Tangible Personal Property For purposes of this Article, my tangible personal property shall include but not be limited to my household furnishings, appliances and fixtures, works of art, motor vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting goods, and hobby paraphernalia. Section 2.03 Ademption If property to be distributed under this Article becomes part of my probate estate in any manner after my death, then the gift shall not adeem on account of not being a part of my probate estate at my death, and my Executor shall distribute the property as a specific gift in accordance with this Article. If property to be distributed under this Article is not part of my probate estate upon my death and does not subsequently become part of my probate estate, then the specific gift made in this Article shall be considered null and void, without any legal or binding effect. Section 2.04 Encumbrances and Incidental Expenses of Tangible Personal Property My Executor shall distribute property under this Article subject to liens, security interests or other encumbrances on the property. My Executor shall pay, as an administration expense, the reasonable expenses of storing, packing, insuring, transporting and otherwise caring for my tangible personal property until actual delivery of each article of property to the appropriate beneficiary. Article Three My Residuary Estate Section 3.01 Definition of My Residuary Estate All the remainder of my estate, including property referred to above that is not effectively disposed of, shall be referred to in my will as my "residuary estate." Section 3.02 Disposition of My Residuary Estate I give my residuary estate in equal shares to my children. If a child of mine fails to survive me, that child's share shall be distributed to my surviving children, pro rata. If Page 2 . . all of my children fail to survive me, then my residuary estate shall be distributed in accordance with the provisions of Article Four entitled "Remote Contingent Distribution". Article Four Remote Contingent Distribution If, at any time, there is no person or entity qualified to receive final distribution of my estate or any part of it, then the portion of my estate with respect to which the failure of qualified recipients has occurred shall be distributed to those persons who would inherit it had I then died intestate owning the property, as determined and in the proportions provided by the laws of Pennsylvania then in effect. Article Five Designation of Executor Section 5.01 Executor I name Frank K. Gates as my Executor. If Frank K. Gates fails or ceases to act as my Executor, I name the following in the order named as my Executor: Carol Ann (Gates) Graham; and then Calvin J. Gates Article Six General Administrative Provisions The provisions of this Article apply to my probate estate. Section 6.01 No Bond No Fiduciary shall be required to furnish any bond for the faithful performance of the Fiduciary's duties. If a bond is required by any law or rule of court, no surety shall be required on such bond. Page 3 , . Section 6.02 Fiduciary Compensation An individual serving as my Fiduciary shall be entitled to fair and reasonable compensation for the services rendered as a fiduciary. A corporate fiduciary shall be compensated by agreement with an individual Fiduciary or, in the absence of an individual Fiduciary or in the absence of an agreement, in accordance with the corporate fiduciary's published schedule of fees in effect at the time the services are rendered. In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under my will. Section 6.03 Distributions to Incapacitated Persons and Persons Under Twenty-Five Years of Age If my Executor is directed to distribute any share of my probate estate to any beneficiary who is under the age of 25 years or is in the opinion of my Executor, under any form of incapacity that renders such beneficiary unable to administer distributions properly when the distribution is to be made, my Executor may, as Trustee, in my Executor's discretion, continue to hold such beneficiary's share as a separate trust until the beneficiary reaches the age of 25 or overcomes the incapacity. My Executor shall then distribute such beneficiary's trust to him or her. While any trust is being held under this Section, the Trustee shall pay to the beneficiary for whom the trust is held such amounts of the net income and principal as the fiduciary determines to be necessary or advisable for the beneficiary's health, education, maintenance and support. Upon the death of the beneficiary before that time, the Trustee shall distribute the trust, including any accrued and undistributed income to my then living descendants, pro rata. If I have no then living descendants the property shall be distributed under the provisions of Article Four entitled "Remote Contingent Distribution." Section 6.04 Representative of a Beneficiary The guardian of the person of a beneficiary may act for such beneficiary for all purposes under my will or may receive information on behalf of such beneficiary. Section 6.05 Ancillary Administration In the event ancillary administration shall be required or desired and my domiciliary Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may be either a natural person or a corporation. My domiciliary Executor may delegate to such ancillary fiduciary such powers granted to my original Executor as my Executor may deem proper, including the right to serve without bond or Page 4 t' ,. surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary Executor. Section 6.06 Delegation of Authority; Power of Attorney Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right to exercise any power, including a discretionary power, granted the Fiduciary in my will. During the time a delegation under this Section is in effect, the Fiduciary to whom the delegation was made may exercise the power to the same extent as if the delegating Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary may revoke the delegation at any time by giving written notice to the Fiduciary to whom the power was delegated. The Fiduciary may execute and deliver a revocable or irrevocable power of attorney appointing any individual or corporation to transact any and all business on behalf of the trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers, and discretion that the Fiduciary could have exercised. Section 6.07 Merger of Corporate Fiduciary If any corporate fiduciary acting as my Fiduciary under my will is merged with or transfers substantially all of its trust assets to another corporation or if a corporate fiduciary changes its name, the successor shall automatically succeed to the position of my Fiduciary as if originally named my Fiduciary. No document of acceptance of the position of my Fiduciary shall be required. Article Seven Powers of My Fiduciaries Section 7.01 Grant of Powers My Fiduciaries may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my Fiduciaries may exercise the following powers: They may hold, retain, invest, reinvest and manage real or personal property, including interests in any form of business entity, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule ofIaw. They may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan, contract, distribute in cash or kind or partly in each at fair market value on the date of Page 5 distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. They may hold in nominee form, continue businesses, carry out agreements, and deal with themselves, other Fiduciaries and business organizations in which my fiduciaries may have an interest. They may establish reserves, release powers, and abandon, settle or contest claims. They may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Section 7.02 Fiduciaries' Powers Act In addition to all of the above powers, my fiduciaries may, without prior authority from any court, exercise all powers conferred by my will or by common law or by any fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to my will. My Executor shall have absolute discretion in exercising these powers. Except as specifically limited by my will, these powers shall extend to all property held by my fiduciaries until the actual distribution of the property. Section 7.03 Alternative Distribution Methods My Fiduciary may make any payment provided for under my will as follows: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under a disability; To the beneficiary's guardian, agent under a durable power of attorney or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses, made in a manner consistent with the proper exercise of the fiduciary's duties hereunder. A receipt by the recipient for any such distribution shall fully discharge my Fiduciary. Page 6 Article Eight Provisions for Payment of Debts, Expenses and Taxes Section 8.01 Payment of Debts and Expenses I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. Section 8.02 No Apportionment Except as otherwise provided in this Article or elsewhere in my will, my Executor shall provide for payment of all estate, inheritance and succession taxes payable by reason of my death ("death taxes") from my residuary estate as an administrative expense without apportionment and shall not seek contribution toward or recovery of any death tax payments from any individual. Section 8.03 Property Passing Outside of My Will Except as to Qualified Retirement Benefits, death taxes imposed with respect to property included in my gross estate for purposes of computing the tax and passing other than by my will shall be apportioned among the persons and entities benefited in the proportion that the taxable value of the property or interest bears to the total taxable value of the property and interests received by all persons benefited. The values as finally determined in the respective tax proceedings shall be the values used for the apportionment of the respective taxes. Section 8.04 Tax Elections In exercising any permitted elections regarding taxes, my fiduciaries may make such decisions as they deem to be appropriate in all the circumstances and my fiduciaries shall be under no duty to make any compensatory adjustment as a consequence of any such election. My Executor may also pay such taxes or interest and deal with any tax refunds, interest, or credits as it shall deem necessary or advisable in the interest of my estate. Article Nine Definitions and General Provisions Section 9.01 Definitions For purposes of my will and for the purposes of any trust established under my will, the following definitions shall apply: Page 7 (a) Adopted and Afterborn Persons A legally adopted person in any generation and his or her descendants, including adopted descendants, shall have the same rights and shall be treated in the same manner under my will as natural children of the adopting parent. A person shall be deemed to be legally adopted if the adoption was legal in the jurisdiction in which it occurred at the time that it occurred. (b) Descendants The term "descendants" shall include a person's lineal descendants of all generations. (c) Fiduciary My "Fiduciary" or "Fiduciaries" shall refer to my Executor. My "Executor" shall include any executor, ancillary executor, administrator, or ancillary administrator, whether local or foreign and whether of all or part of my estate, multiple Executors, and their successors. (d) Legal Representative As used in my will, the term "legal representative" means a person's guardian, conservator, personal representative, executor, administrator, Trustee, or any other person or entity personally representing a person or the person's estate. (e) Per Stirpes Whenever a distribution is to be made to a person's descendants per stirpes, the distribution shall be divided into as many shares as there are then living children of such person and deceased children of such person who left then living descendants. Each then living child shall receive one share and the share of each deceased child shall be divided among such child's then living descendants in the same manner. (f) Shall and May Unless otherwise specifically provided in my will or by the context in which used, I use the word "shall" in my will to command, direct or require, and the word "may" to allow or permit, but not require. In the context of my Trustee, when I use the word "may" I intend that my Trustee may act in its sole and absolute discretion unless otherwise stated in my will. Page 8 (g) Other Definitions Except as otherwise provided in my will, terms shall be as defined in Pennsylvania Porbate, Estates and Fiduciaries Code as amended after the date of my will and after my death. Section 9.02 Survivorship Presumption If any beneficiary shall be living at my death, but die within 30 days thereafter, then such beneficiary shall be deemed to have predeceased me for all purposes of my will. Section 9.03 General Provisions The following general provisions and rules of construction shall apply to my will: (a) Singular and Plural; Gender Unless the context requires otherwise, words denoting the singular may be construed as plural and words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender as is appropriate within the context. The word "or" when used in a list of more than two items may function as both a conjunction and a disjunction as the context requires or permits. (b) Headings of Articles, Sections, and Subsections The headings of Articles, Sections, and subsections used within my will are included solely for the convenience and reference of the reader. They shall have no significance in the interpretation or construction of my will. (c) Governing State Law My will shall be governed, construed and administered according to the laws of the Commonwealth of Pennsylvania as from time to time amended. Questions of administration of any trust established under my will shall be determined by the laws of the situs of administration of such trust. (d) Notices Unless otherwise stated, whenever my will calls for notice, the notice shall be in writing and shall be personally delivered with proof of delivery, or mailed postage prepaid by certified mail, return receipt requested, to the last known address of the party requiring notice. Notice shall be effective on the date personally delivered or on the date of the return receipt. If a party giving notice does not receive the return receipt but has proof that he or she mailed the notice, notice shall be effective on the date it would Page 9 normally have been received via certified mail. If notice is required to be given to a minor or incapacitated individual, notice shall be given to the parent or legal representative of the minor or incapacitated individual. (e) Severability The invalidity or unenforceability of any provision of my will shall not affect the validity or enforceability of any other provision of my will. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of my will shall be interpreted and construed as if any invalid provision had never been included in my will. " Bruce L. Gates, having signed this Will in the presence of 's.,-,~~ E ,L4....S~r4i~ .Jl.tettIft4iA g MM~vL who attested it at my request on this day, S~~'v:>~ cg , 2005 at Harrisburg, Pennsylvania, declare this to be my Last Will and Testament. ~~.~ Bruce L. Gates, Testator Page 10 The above and foregoing Will of Bruce L. Gates was declared by Bruce L. Gates in our view and presence to be his Will and was signed and subscribed by the said Bruce L. Gates in our view and presence and at his request and in the view and presence of Bruce L. Gates and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Bruce L. Gates on this day, S~\-e....-bL.-- ~ ,2005. ~. ~.........2.. -1.~ residing at ()<Q~9j ~ I ss.-o~ p~ 0./ e:1 . (J ~@'/""Lh~.PA 1.11 \ Co? 4. 1 ~(""~ ~j....- lf~v'yn04 PA I/It( PENNSYL VANIA SELF PROVING AFFIDAVIT residing at COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) I, Bruce L. Gates, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Bruce L. Gates, the testator, this day, ~~~f g ,2005. /~~~ Bruce L. Gates, Testator lip! 11'Y^ Notary Public t7 Page 11 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy M. Moya, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Jan. 29, 2008 Member. Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) We, sv:-::'~ E..~ and ~~ ^^(~dc.-. , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. ~~.,~ Witness ~I~~ t/:J:If j7/~ Notary Public ,f/ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy M. Moya, Notary fublic Lower Paxton Twp., Daupllln County My Commission Expires Ian. 29, 2008 Member, Pennsylvania Assoclation of Notaries Page 12