HomeMy WebLinkAbout01-0963
PETITION FOR GRANT OF LETTERS
Estate of RICHARD J. HALLETT
No.
21-01-963
also known as
, Deceased
Social Security No.174-18-1035
Petitioner(s), who is/are 18 years of age or older, apply)ies) for:
(COMPLETE "A" OR "B" BELOW:)
GJ
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix
Decedent, dated 8/16/91 and codicil(s) dated none
named in the Last Will of the
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 incapacitated:
o
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 the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I
Name
Relationship
Residence
I
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland 11 County, PennsylvqniQ; with his/her last family or principal
residence at 5231 Terrace Road, MechanicsburQ H 14.1 n.rAl -r7/A1" ~{'.{ c r
(list street, number and municipality)
Decedent, then 72 years of age, died October 22 J ~ , at Holy Spirit Hospital,
(Location)
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 .................... $
(if not domiciled in PA Personal property in County.............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total ..................................................................................................................... $
1,000.00
1,000.00
Real Estate 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 residence
RUTH MARIE HALLETT
4175 MOUNTAINVIEW RD. APT. 104
MECHANICSBURG PA 17055
RW-1 ~? -A.:S-" 7'
Oath of Personal Representative
Commonwealth of Pennsylvania
County of CUMBERLAND
The Petitioner(s) above-named swear(s) and 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 and affirmed and subscribed
before me this 16th day of ~ cIf/ --;:-; \A
OCTOBER 2001 r,[a ~~. .~
'>?';r (? :;fW~A~-J//1' ~~'"7
,,--l{ ~
DECREE OF REGISTER
Estate of RICHARD J HALLETT
also known as
Deceased
No. 21-01-963
Social Security No: 174-18-1035 Date of Death: 10/22/97
AND NOW, OCTOBER 19 2001 , in consideration of the Petition on the
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ~ Testamentary 0 of Administration
are hereby granted to RUTH MARIE HALLETT
((c.t.a., d.b.n.c.t.; pendente lite; durante ab6entia; durante minoriate)
in the above estate and that the instrument(s), if any, datedAuQUst 16, 1991
described in the Petition be admitted to probate and filed of record as the Last Will of Decedent.
FEES
Letters ....................................
Short Certificates( s) ...............
Renunciation ..........................
Extra Pages (
) ...............
I. T.R.......................................
JCP Fee .................................
Inventory............................... .
Other ......................................
TOTAL............................ .$
$
25.00
~'l~(J~m..) ~hJ ~.!.~
Reg~r of Wills -
/'
tk( fIt!::../
$
$
$
$
$
$
$
$
3.00
39.00
5.00
Attorney: MURREL R. WALTERS, III
I.D. No: 24849
Address: 54 EAST MAIN STREET
MECHANICSBURG
Telephone: 717-697-4650
DATE FILED:
)a~.J c,c) ~~~
PA 17055
72.00
['his is to certify tha~ 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 permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
4486004
No.
21-01-963
?UU1fhU ~L~ ~rt
Local Re istrar
d~~ d3 19'17
I
Date
Hl0& 143 Rev 2187
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
STATE fiLE NUMllER
SOCIAL SECURITY NUMBER
TYPE/PRINT
1M
PERMANENT
BLACK INK
NAME OF DECEDENT IFw.. Middle, Lasl
SEX
tRichard J. Hallett
AGE \L... -v) \JNCEA' vu.A
72 VIS ....... I Daye
COUNTYOFDENH
UNDER 1 o.w
Hours ! _..
BIRTHPlACE (CiIy ...a
S_ Of FOfIloQll Counuy)
ltoona
.umberland ...ast Pennsboro ....
DECEDENT'S USUAL OCCUl'llll1OH KlHOOf BUSlHESSIINOUSTRY
\~=-.::.. ~':::';l:'l'
~. 174
-18
MAAlTAL STArUS.__
__ow_,
Ol.-ed (SpeQIy)
t.Married
tWh it e
SURVIVING SPOUSE
,"""e.~__
Marie Bland
5231 Terrace Road
~ Mechanicsburg, PA 17055
FAl"HER'S NAME (Fir". Middle, L....)
tlb. Cou
PA llicI 17C.~ YeI,_llvwdjp
-
Mina
Cumberland 1llwna/lIp? 110.0 ~~...
IolOTHER'S NAUE (fwol, Middle. M_ Surname)
Clly_
o
o
Could nol b4i delirrmneO 0 PLACE OF INJURY. AI home, '81m, .tr.... Iactof). office
butlding. elc. (SpecIfy)
~ a ~
CEIlTlFlER ,Check only onel .
.CEATlFYtNG PHYSICIAN (PhVSlCldfl certffYlng cause at CIealh when anQ\hef phy~\an has 5JfOOOl.Jncea dt!Clltl am) completeo tlem23)
To Ihe beaI o' 1ft>>, know..... de.... oceUlred due to the caua-<<.. Ind m.nn., .. a'ated. . . . . . , . ,
17e. SI...
~
:)
~
~
I :
WERE AU1QPli'Y fINDINGS
A\II\lLAlll.E PRIOR 10
COMPLETION Off CAUSE
OF IleAJHl
MANNER Off DEATH
DATE OF INJUIlV
(Monlh. Day. "'all
V.. 0
SuIcide
~
o
o
Pendang In~sHgalion
Nalural
HomICide
Ace.....
NoD
<:,'
~I
z
...
fil
o
...
o
~
...
:!
~
z
~PRONOUNC"'O AND CERTifYING PHYSICIAN (PhySlCloln boer. pI OflOlJroClng oacith and l.:6ftltYlog 10 Cdu~a at dedth)
TO &he bMt 01 my knowtedil.~ de..", OCCUlted at ~ u.n.. date, and pl.c., and due '0 the ea\t..(a) and mann.r ,.. .hlled., . . . . . .
. MEDICAL EXAMINER/CORONER
on Ih. baala oleaamln.tlon and/or In.eallgatlon, in my opinion, dealh occurred allhe time, dale, and piece, and due 10 the ceuae(e) end
menn., aellated.. 0 0 . . 0 0 . 0 . . . . . 0 . . . . 0 . . . . . 0 . . . . . . . . . - _ . . . . . . . . . _ - . . . . 0 . . 0 0 . . . . 0 . . . . . . . . . 0 . . . . . . . . 0 . . . . 0 0 . . . . . . 0 . . .
3te
flEG
I~I (iJ11 11.1
hip
PA
17055
No'" .
PMT II: 0Ihet 1igniIlcanI_ awnbullnglO _.IM
nol r8lUlling in.... ~ _ pen ill PART I.
TIUE OF INJURY
INJURV AT WOIV<l DESCRIBE HOW tNJIJRY OCCURflED.
v.. 0 NoD
/70) Y
34.
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
I, RICHARD J. HALLETT, noW of 5231 Terrace Road,
Mechanicsburg, Cumberland County, Pennsylvania, do publish and
declare this to be my Last Will and Testament, hereby revoking
all other prior wills and codicils made by me.
FIRST: Family Background and Appointment of Executor.
(A) Family and Background Information. I am married to
RUTH MARIE HALLETT. I have not been previously married. The
children of our marriage are DEBORAH A. STERLING and JAY M.
HALLETT (and any children born or adopted hereafter). Throughout
this Will, RUTH MARIE HALLETT will be referred to as "my wife" or
"my spouse" and DEBORAH A. STERLING and JAY M. HALLETT will be
referred to as "my children." The word "issue" will include my
children as well as my other descendants.
(B) Appointment of Executor. I appoint as my Executor and
successor Executor (all hereinafter referred to as Executor or
Executor(s)) under this Will, the following named persons or
corporations to serve without bond and without being required to
account to any Court:
Executor: My wife, RUTH MARIE HALLETT
Successor Executor: My children, DEBORAH A. STERLING
and JAY M. HALLETT, to act
jointly.
SECOND: Funeral and Last Illness Expenses; Taxes.
(A) Expenses of Funeral and Last Illness. Notwithstanding
that my spouse survives me, I direct my Executor to pay my
funeral expenses (regardless of amount) and the expenses of my
last illness from my estate.
Q~
~/
%:16 /C
. f .",--'.
j/
,"-,,/'jl
.. ."
i j
\J
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 2
(B) Taxes. I direct my Executor to pay any and all estate,
inheritance, succession, legacy, transfer and other death taxes
or duties, by whatever name called, including any and all
interest and penalties thereon, imposed under the laws of any
jurisdiction by reason of my death, upon or with respect to any
and all property included in my gross estate for the purpose of
such taxes, whether such property passes under or outside of this
Will, out of my residuary estate, without being prorated or
apportioned among or charged against the respective devises,
legatees, beneficiaries, transferees, or other recipients of any
such property or charged against any property passing or which
may have passed to any of them. My Executor shall not be
entitled to reimbursement for any portion of any such taxes from
any such person.
THIRD: Tangible Personal Property. Except for those items
excluded below and those items enumerated in the Letter of
Instruction, I bequeath to my spouse, RUTH MARIE HALLETT, all
tangible personal property, which I own, and the insurance
thereon, if my spouse survives me by sixty (60) days. Tangible
personal property shall not include: (1) any and all property
used by me in any business, (2) cash on hand or on deposit in
banks, (3) stock or securities, (4) any type of evidence of
indebtedness, and (5) any life, health or accident insurance
policies.
If my spouse is not living on the sixty-first (61st) day
after my death, I bequeath such tangible personal property to my
children living at the time of my death to be divided among them
as they may select in as nearly equal shares as is practical.
If my spouse and my children do not survive me, I leave such
tangible personal property to the issue of my children, per
stirpes. If there is any disagreement as to distribution, I
direct my Executor to make such distribution. The decision of my
Executor shall be final and binding. Any items not selected or
any items which my Executor considers unsuitable for my children
may be distributed or sold in the sole discretion of my Executor
and, if sold, the net proceeds therefrom shall be added to the
Q,*, .
~OA/L
../'--
~
\ i
\J
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 3
residue of my estate. Any such article allocated to a minor may,
as my Executor deems advisable, either be delivered to the minor
or to any person to safeguard on behalf of the minor.
Notwithstanding any other provisions in this Article THIRD,
I may leave a separate, dated and unsigned Letter of Instruction,
which I shall place with my Will, containing directions as to the
ultimate disposition of certain of the property bequeathed under
this Article THIRD, and such Letter of Instruction shall
determine the distribution of such items.
FOURTH:
Residuary Gifts.
(A) If my spouse, RUTH MARIE HALLETT, survives me, I give,
devise and bequeath all the rest, residue and remainder of my
estate, of every kind and character, real, personal and mixed,
tangible and intangible, and wherever situated, including any
lapsed or renounced legacies, devises or residuary bequests (and
including any property over which I may have a Power of
Appointment), to my spouse, RUTH MARIE HALLETT.
(B) If my spouse, RUTH MARIE HALLETT, does not survive me,
and if one or more of my children survive me, I give, devise and
bequeath all the rest, residue and remainder of my estate, as
follows:
(1) I give, devise and bequeath all of the life
insurance policies which I own on the lives of my
daughter, DEBORAH A. STERLING, my son, JAY M. HALLETT,
my son-in-law, CHARLES W. STERLING, and my
grandchildren, JAMIE M. STERLING and ERIKA L. STERLING,
which life insurance policies are with the Baltimore
Life Insurance Company, to the Trustee hereinafter
named, in Trust for the following uses and purposes:
(a) The Trustee shall receive all
payments from the annuity which I own at my
death with the Life of Maryland Annuity
Company and the Trustee shall use said
~\~
~LtL-
~
.' V
Q~
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 4
annuity payments to make the premium payments
on the above-referenced life insurance
policies with Baltimore Life Insurance
Company. Trustee shall hold said policies
and any proceeds, if any, until the death of
one of the insureds or until the termination
of this Trust as set forth below.
(b) As each of my children, DEBORAH A.
STERLING and JAY M. HALLETT, reach the age of
forty (40) years, the Trustee shall
distribute to said child that child's policy
and the life insurance policies on the life
of that child's children. In the event that
the annuity payments should cease prior to
the time that my children reach age forty
(40), respectively, then the Trustee shall
distribute the life insurance policies,
absolutely, to my children, respectively, and
to the parent of the grandchildren.
(c) In the event that one or both of my
children die before attaining age forty (40),
then the Trustee shall use the proceeds from
that child's life insurance policy, and any
income generated thereby, for the health,
education, support and maintenance of said
child's issue, as the Trustee deems
advisable. The Trustee may apply the net
income, accumulated income, and principal
should said child's issue, by reason of age,
illness, or any other cause, in the opinion
of my Trustee, be incapable of disbursing it.
As each grandchild (of a deceased parent)
attains the age of twenty-one (21) years, the
Trustee shall distribute, absolutely, to said
grandchild, his or her respective equal share
of his or her parent's life insurance
~~
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 5
proceeds and shall distribute to said
grandchild his or her respective life
insurance policy.
(2) I give, devise and bequeath all the rest,
residue and remainder of my estate, of every kind and
character, real, personal and mixed, tangible and
intangible, and wherever situated, including any lapsed
or renounced legacies or devises (and including any
property over which I may have a power of appointment)
in equal shares to my children, DEBORAH A. STERLING and
JAY M. HALLETT, per stirpes.
(C) Distributions Durinq Administration. Prior to final
distribution of my estate, the Executor, in his discretion, may
make partial distributions to one or more beneficiaries or
Trusts. As a consequence, the Executorship and any Trusts
created under this will may exist contemporaneously. A
distribution may be made subject to any indebtedness or liability
of my estate.
FIFTH: s~endthrift Provision. No beneficiary shall have
the power to ant1cipate, encumber or transfer his or her interest
in the estate or any trust estate in any manner other than by the
valid exercise of a power of appointment. No part of the estate
or any trust estate shall be liable for or charged with any
debts, contracts, liabilities or torts of a beneficiary or
subject to seizure or other process by any creditor of a
beneficiary.
SIXTH: Appointment of Trustee and Successor Trustees.
(A) I nominate, constitute and appoint CCNB BANK, N.A.,
Camp Hill, Pennsylvania, to act as Trustee of all Trusts created
by my will.
~~
~L
~
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 6
(B) The Trustees may resign from the Trusts without the
necessity of any Court proceeding if at least thirty (30) days'
written notice is given to each beneficiary (including a
beneficiary's natural or legal guardian or legal representative,
in the case of a beneficiary under a legal disability) who might
then be entitled to receive a distribution from the Trust Estate.
Upon the death, resignation, removal or incapacity of the
Trustee, then a Successor Trustee may be appointed by a majority
of the beneficiaries who might then be entitled to receive a
distribution from the Trust Estate, provided that the Successor
Trustee is a financially sound and competent corporate trustee.
A Successor Trustee may be any bank or trust company and may be
domiciled anywhere. Any Successor Trustee thus appointed, or, if
the Trustee shall merge with or be consolidated with another
corporate fiduciary, then such corporate fiduciary, shall succeed
to all the duties and to all the powers, including discretionary
powers, herein granted to the Trustee.
SEVENTH: Powers of Trustee and Executor. In addition to
the powers and duties as may have been granted elsewhere in this
Will, but subject to any limitations stated elsewhere in this
will, the Executor and Trustee (when applicable) shall have and
exercise exclusive management and control of the Estate or
Trusts, respectively, and shall be vested with the following
specific powers and discretion, in addition to the powers as may
be generally conferred form time to time upon them by law:
(A) In the management, care and disposition of the Trusts
or Estate, the Trustee and Executor, respectively, shall have the
power to do all things and to execute such instruments as may be
deemed necessary or proper, including the following powers, all
of which may be exercised without order of or report to any
Court:
(1) To sell, exchange or otherwise dispose of any
property at any time held or acquired hereunder, at
public or private sale, for cash or on terms, without
advertisement, including the right to lease for any
term notwithstanding the period of the Trust, and to
~~
~tl
~
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 7
grant options, including any option for a period beyond
the duration of the Trust; except that, in lieu of any
binding shareholder agreement or buy/sell agreement to
the contrary, the Executor and Trustee shall not be
permitted to sell the stock or any other ownership
interest in any business owned by me, or my spouse, or
held in trust, at my death, without first offering the
same for sale to my children, or without next offering
the same to the corporation or business represented by
such ownership interest for redemption.
(2) To invest all monies in such stocks, bonds,
securities, mortgages, notes, choses in action, real
estate or improvements thereon, and any other property
as the Trustee or Executor may deem best, without
regard to any law now or hereafter enforced limiting
investments of fiduciaries, except that the Trustee or
Executor may not invest in any securities issued by the
corporate Trustee or Executor, or issued by a parent or
affiliate company of such Trustee or Executor.
(3) To retain for investment any property
deposited with the Trustee or Executor hereunder;
except that the Trustee or Executor may not retain for
investment any stock in the corporate Trustee or
Executor, or in a parent or affiliate company of such
Trustee or Executor.
(4) To vote in person or by proxy any corporate
stock or other security and to agree to or take any
other action in regard to any reorganization, merger,
consolidation, liquidation, bankruptcy or other
procedure or proceedings affecting any stock, bond,
note or other security.
(5) To use attorneys, real estate brokers,
accountants and other agents, if such employment is
deemed necessary or desirable, and to pay reasonable
compensation for their services.
~~
dp/~
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 8
(6) To compromise, settle or adjust any claim or
demand by or against the Trusts or Estate and to agree
to any rescission or modification of any contract or
agreement affecting the Trusts or Estate.
(7) To renew any indebtedness, as well as to
borrow money, and to secure the same by mortgaging,
pledging or conveying any property of the Trusts or
Estate, including the power to borrow from the Trustee
at a reasonable rate of interest.
(8) To retain and carryon any business in which
the Trusts or Estate may acquire an interest, to
acquire additional interest in any such business, to
agree to the liquidation in kind of any corporation in
which the Trusts or Estate may have an interest and to
carryon the business thereof, to join with other
owners in adopting any form of management for any
business or property in which the Trusts or Estate may
have an interest, to become or remain a partner,
general or limited, in regard to any such business or
property and to hold the stock or other securities as
an investment, and to employ agents and confer on them
authority to manage and operate the business, property
or corporation, without liability for the acts of such
agent or for any loss, liability or indebtedness of
such business if the management is selected or retained
with reasonable care.
(9) To register any stock, bond or other security
in the name of a nominee, without the addition of words
indicating that such security is held in a fiduciary
capacity, but accurate records shall be maintained
showing that such security is a Trust or Estate asset
and the Trustee or Executor shall be responsible for
the acts of such nominee.
Q~
~.~
-
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 9
(B) Whenever the Trustee or Executor is directed to
distribute any Trust principal or Estate assets in fee simple to
a person who is then under twenty-one (21) years of age, the
Trustee or Executor shall be authorized to hold such property in
Trust for such person until he/she becomes twenty-one (21) years
of age, and in the meantime shall use such part of the income and
the principal of the Trusts or Estate as the Trustee or Executor,
respectively, may deem necessary to provide for the proper
support and education of such person. If such person should die
before becoming twenty-one (21) years of age, the property then
remaining in trust shall be distributed to the personal
representative of such person's estate.
(C) In making distributions from the Trusts or Estate to or
for the benefit of any minor or other person under a legal
disability, the Trustee or Executor need not require the
appointment of a guardian, but shall be authorized to payor
deliver the same to the custodian of such person, to payor
deliver the same to such person without the intervention of a
guardian, to payor deliver the same to a legal guardian of such
person if one has already been appointed, or to use the same for
the benefit of such person.
(D) In the disbursement of the Trusts or Estate and any
division into separate trusts or shares, the Trustee or Executor
shall be authorized to make the distribution and division in
money or in kind, or both, regardless of the basis for income tax
purposes of any property distributed or divided in kind, and the
distribution and division made and the values established by the
Trustee or Executor shall be binding and conclusive on all
persons taking hereunder. The Trustee or Executor may in making
such distribution or division allot undivided interests in the
same property to several trusts or shares.
(E) The Trustee and Executor shall be authorized to lend or
borrow, including the right to lend to or borrow from my estate
or the estate of my spouse or any trusts which I or my spouse may
have established during life or by will at an adequate rate of
~~
~L
,
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 10
interest and with adequate security, and upon such terms and
conditions as the Trustee or Executor shall deem fair and
equitable.
(F) The Trustee and Executor shall be authorized to sell or
purchase at the fair market value as determined by the Trustee or
Executor, any property to or from my estate, the estate of my
spouse, or any trust created by me or my spouse during life or by
Will, even though the same person or corporation may be acting as
Executor of my estate or the estate of my spouse or as Trustee of
any of my other trusts.
(G) The Trustee and Executor shall have discretion to
determine whether items should be charged or credited to income
or principal or allocated between income and principal as the
Trustee or Executor may deem equitable and fair under all the
circumstances, including the power to amortize or fail to
amortize any part or all of any premium or discount, to treat any
part or all of the profit resulting from the maturity or sale of
any asset, whether purchased at a premium or at a discount, as
income or principal or apportion the same between income and
principal, to apportion the sales price of any asset between
income and principal, to treat any dividend or other distribution
of any investment as income or principal or apportion the same
between income and principal, to charge any expense against
income or principal or apportion the same, and to provide or fail
to provide a reasonable reserve against depreciation or
obsolescence on any assets subject to depreciation or
obsolescence, all as the Trustee and Executor may reasonably deem
equitable and just under all the circumstances.
(H) If at any time the total fair market value of the
assets of any trust established or to be established hereunder is
so small that the corporate Trustee's annual fee for
administering the trust would be the minimum annual fee set forth
in the Trustee's regularly published fee schedule then, in
effect, the Trustee in its discretion shall be authorized to
terminate such trust or to decide not to establish such trust,
and in such event the property then held in or to be distributed
q~
~L
-
LAST WILL AND TESTAMENT
OF
RICHARD J: HALLETT
PAGE 11
to such trust shall be distributed to the persons who are then or
would be entitled to the income of such trust. If the amount of
income to be received by such persons is to be determined in the
discretion of the Trustee, then the Trustee shall distribute the
property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the
Trustee in its discretion shall determine.
(I) When the authority and power under this will is vested
in two (2) or more Executors or Trustees, the authority and
powers are to be held jointly by the Executors or Trustees,
respectively. A majority of the Executors or Trustees may
exercise any authority or power granted under this will or
granted by law, and may act under this will. Any attempt by one
such Executor or Trustee to act under this will on other than
ministerial acts shall be void. The action of one such Executor
or Trustee under this will may be validated by a subsequent
ratification of the act by a majority of the Executors or
Trustees.
EIGHTH: Rights and Liabilities of Executor and Trustee.
(A) No bond or other security shall be required of any
Executor or Trustee.
(B) This instrument always shall be construed in favor of
the validity of any act or omission by any Executor or Trustee,
and any Executor or Trustee shall not be liable for any act or
omission except in the case of gross negligence, bad faith or
fraud. Specifically, in assessing the propriety of any
investment of a Trust, the overall performance of the entire
Trust shall be taken into account.
(e) Each Executor and Trustee shall be entitled to receive
reasonable compensation for services actually rendered to my
estate or to my Trusts, in an amount the Trustee or Executor
normally and customarily charges for performing similar services
during the time which he/she performs the services.
~~
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 12
NINTH: Definitions and General Provisions.
(A) survival. Any beneficiary, including my spouse, who
dies within sixty (60) days after my death shall be considered
not to have survived me.
(B) Trust Estate. "Trust Estate" means all assets, however
and wherever acquired, including income, which may belong to a
Trust at any given time.
(C) Children. Except for discretionary distributions which
may be made unequally among a group of persons and distributions
pursuant to a valid exercise of a Power of Appointment, in making
a distribution to the children of any person, the property to be
distributed shall be divided into as many shares as there are
living children of the person and deceased children of the person
who left children who are then-living. Each living child shall
take one share and the share of each deceased child shall be
divided among his then-living descendants in the same manner. A
posthumous child shall be considered as living at the death of
his parent.
(D) Code. Unless otherwise stated, all references in my
will to section and chapter numbers are to those of the Internal
Revenue Code of 1986, as amended, or the corresponding provisions
of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other
genders, and the use of either the singular or the plural
includes the other.
(F) captions. The captions set forth in this will at the
beginning of the various divisions hereof are for convenience of
reference only and shall not be deemed to define or limit the
provisions hereof or to affect in any way their construction and
application.
r-:2~
AiL-
~
LAST WILL AND TESTAMENT
OF
RICHARD J. HALLETT
PAGE 13
(G) Powers of Appointment are Exercised. By this will I
exercise any Power of Appointment which I may possess at my
death.
IN WITNESS WHEREOF, I, RICHARD J. HALLETT, the Testator,
to this my Last will and Testament, typewritten on fourteen
pages, including the ACknOWledgme~ and Affidavit, set my
and seal this ~ day of ?~~~\_~ 199~ \\d\
~ J. ~~
Signed, sealed, published and declared by the above-named
Testator, as and for his Last will and Testament, in the presence
of us, who have hereunto subscribed our names at his request, as
witnesses hereto, in the presence of the said Testator, and in
the presence of each other. Each of us further declares that he
or she believes the Testator to be of sound mind and memory. The
preceding instrument consists of this and thirteen (13) other
consecutively numbered typewritten pages including the
Acknowledgment and Affidavit.
have
(14)
hand
--4tr.#)~I'J residing at ~M~~/ /JI
~ 5.z0{'e~ i .. kfJl'f?-
(print na e)
~d/z'Ct/ C ~/l-/~
residing at rJJir; ~1--
i_________
. WrAEcL ~, C?1flE7
(J;frint name)
residing at
~'fe~~. Pit-.
,
,.
.
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~
SS:
The Testator and the witnesses whose names are subscribed to
the foregoing instrument, being first duly sworn and qualified
according to law, do hereby acknowledge and declare to the
undersigned authority that the Testator signed and executed the
instrument as his last will in the presence of the Witnesses,
that he signed willingly or willingly directed another to sign
for him, that he executed it as his free and voluntary act for
the purposes therein expressed, that each of the witnesses, in
the presence and hearing of the Testator, signed the will as
witnesses, and that to the best of their knowledge the Testator
was at that time eighteen years of age or older, of sound mind
and under no constraint or undue influence.
~-~~ ~~~
Tes or
vkt,~ C~~
/ witness
-----
Sworn to, subscribed and acknowledged befo~m~ by the
a~ve~~~e~~ Testator and witnesses this ~_ day of
~ ' 1991.
QH~ ~ ~~~L)
~ Notary P lic -
or
... Attorney-at-"Law
-...
SUSAII L -1Wf.1III'AIY PUaIC
CAMP HIll. PI CUM8DlAND COUNTY
MY COMMISSION EXPIRES NOV. 12, 1994
I
""'-J
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Richard J. Hallett
Date of Death: 10/22/97
Will No. Admin. No. 21-01-0963
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the
Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned
estate on October 19, 2001.
Name
Address
Ruth Marie Hallett
4175 Mountain View Rd., Apt. 104
Mechanicsburg, P A 17055
Date: 1/22/02
rA
M~elR. ~alters, III, ~squire
54 ~ast Main Street
Mechanicsburg, P A 17055
(717) 697-4650
Notice has now been given to all persons entitled thereto under Rule 5.6(
Capacity: _ Personal-Representative
~ Counsel for personal representative
ex:)
N
N
0:
co
N
:z
c:::e:
""'"")
"
.~l)
:.,~ -2
ij)-
,..:,,~ ~
::,JU
;-...~ ~.;.
......., \'o.l,o.J
0)0:;
rr.
~
~:ASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGAT
~: S~ATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 F(r
rlL COMPLETION
STATUS REPORT UNDER RULE 6.12
ne of Decedent: RICHARD J. HALLETT
e of Death: 10/22/97
~te No.: &./-DI- 9fo '3
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court rules, I report the following
ect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes_X_ No
2. If the answer is No, state when the personal representative reasonably believes that
administration will be complete
(date)
3. If the answer to No.1 is yes, state the following:
A. Did the personal representative file a final account with the court?
Yes No)(
B. The separate Orphans' Court No. (if any) for the personal representative's
account is: (Not Applicable in Dauphin County)
C. Did the personal representative state an account informally to the parties i
interest: Yes ~ No
D. Copies of receipts, releases, joinders and approvals of formal or' ormal
accounts may be filed with the Clerk of the Orphans' Court a may be
attached to this report.
Co' 'f, ( ,.. 0 'L:~~'J
MURREL R. WALTERS, III, ESQUIRE
54 East Main Street
Mechanicsburg, P A 17055
717-697-4650
Capacity:
Personal Representative
_X_ Counsel for Personal Representative
-~-
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
..
Date: 9/04/2002
HALLETT RUTH MARIE
4175 MOUNTAIN VIEW RD APT 104
MECHANICSBURG, PA 17055
RE: Estate of HALLETT RICHARD J
File Number: 2001-00963
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 10/22/2002
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~?:w~l~
REGISTER OF WILLS
cc: /File
Counsel
Judge
INRE:
CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
ESTATE OF
RICHARD J. HALLETT
NO. 21-01-0963
o
<XJ
i:l~g
.j~>S
~
-1.-.:::.1
=
=
C-
~
Z
co
MOTION TO WITHDRAW APPEARANCE
):':b
~
<.0
Ul
AND NOW COMES, Murrel R. Walters, III, Esquire, and respectfully represents the
following:
1. Richard J. Hallett died October 22, 1997 when he was residing in Hampden
Township, Cumberland County.
2. In 2001, stock in Equitable Life Insurance Company was discovered which had a
value of approximately $900.00.
3. Murrel R. Walters, III was retained as attorney for the estate and a Petition for
Grant of Letters was prepared.
4. Despite repeated attempts to contact the Executrix/surviving spouse, Ruth Marie
Hallett, there was no response.
5. Recent communication from a relative indicates that Ruth Marie Hallett died in
March 2002. The law offices of Gates Halbruner & Hatch, PC represented the estate of Ruth
Marie Hallett, who indicated that her estate was formally closed in June 2004.
6. Surviving children of Richard J. Hallett and Ruth Marie Hallett are believed to be
Deborah A. Sterling, 258 Ridge Hill Road, Mechanicsburg, PA, and Jay M. Hallett, 416
Limestone Road, Carlisle, P A.
7. Petitioner, as the attorney for the estate, is unable to accurately complete and file
the inheritance tax return and is unable to confirm to the Register of Wills that the estate
administration has been completed properly.
WHEREFORE, Murrel R. Walters, III, Esquire respectfully requests this Honorable
Court to issue a Rule to Show Cause and permit him to withdraw his appearance from the above-
captioned matter.
Re7ilAe ,
Murrel R. Walters, III, Esquire
I.D.24849
54 East Main Street
Mechanicsburg, P A 17055
(717) 697-4650
.'
CERTIFICATE OF SERVICE
AND NOW, this
day of
, 2008, I, Murre! R. Walters, III, Attorney for
the Estate of Richard J. Hallett, hereby certify that a copy ofthis Motion has been duly served upon
the following parties, by United States Postal Service, via first class mail, postage prepaid:
Gates Halbruner & Hatch, PC
Attorney for the Estate of Ruth M. Hallett
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Deborah A. Sterling
258 Ridge Hill Road
Mechanicsburg, P A 17050
Jay M. Hallett
416 Limestone Road
Carlisle, P A 17013
Murre! R. Walters, III, Esquire
LD.24849
54 East Main Street
Mechanicsburg, P A 17055
(717) 697-4650
s
INRE:
JAN 18 2008 yrl
CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
ESTATE OF
RICHARD J. HALLETT
NO. 21-01-0963
RULE TO SHOW CAUSE
\\~
AND NOW, this 11. day of "So..~,,~~ 'i ' 2008, a Rule to Show Cause is issued
to Gates Halbruner & Hatch, PC, Deborah A. Sterling, and Jay M. Hallett to show cause as to
why the relief requested should not be granted.
Rule returnable to 10
days, after mailing, via regular first class mail.
BY THE COURT:
~t~\
\, J.
cc: Murre! R. Walters, III, Esquire
Q
~
~::-,"'
cr;
~-
..:::z,..
~-
~~
N
N
:E
-.to..
'~'--)
w
(n
w
<::
In Re: ESTATE OF RICHARD J HALLETT
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-01-0963
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 01/22/08
ruDGE'S INITIALS: MLE
TIME STAMP DATE: 01/22/08
IN RE: RULE TO SHOW CAUSE
""""""""""""""",."""",.,.,.""",.""""""""""",.,."""""""""""""""""",.""",.
SERVICE TO:
MURREL R WALTERS III ESQ
GATES HALBRUNER & HATCH PC
DEBORAH A STERLING
JAY M HALLETT
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
C8J USPS
[J RRR
[J HAND DELIVERED
[] OTHER_
[8] PETITIONER
DruDGE
o CLERK OF ORPHANS COURT
MAILED: 01/22/08
.."""."""""""""".,.""",.",.""."".""".,,,,,,,,,,.,.,,,,,,,,,,.,.,,,,,,,.,.,,,,,,,.,,,,"""""""""
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
DruDGE
o CLERK OF ORPHANS COURT
MAILED:
.~
Deputy
Clerk of Orphans' Court
INRE:
CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
ESTATE OF
RICHARD J. HALLETT
NO. 21-01-0963
MOTION TO MAKE RULE ABSOLUTE
AND NOW COMES, Murrel R. Walters, III, Esquire, and respectfully represents the
following:
1. A Motion to Withdraw Appearance was filed and a Rule to Show Cause was
mailed to Gates Halbruner & Hatch, PC, Deborah A. Sterling, and Jay M. Hallett on January 22,
2008.
2. Counsel believes that the Executrix/surviving spouse, Ruth Marie Hallet died
March 2002.
3. The mail containing the Motion to Withdraw Appearance and Rule to Show
Cause was not returned and Counsel believes that the attorney for the Estate of Ruth Marie
Hallett, the surviving daughter and the surviving son, have received their copy.
5. Counsel has not received any communication from Executrix since 2001.
6. Counsel believes that he cannot adequately represent Executrix because she is
dleceased.
WHEREFORE, Murrel R. Walters, III, Esquire, requests this Honorable Court to enter an
/
Order permitting him to withdraw his appearance.
/,
i
Murrel R. Walters, III, Esquire
LD. 24849
54 East Main Street
Mechanicsburg, P A 17055
(717) 697-4650
l';::'?IJlcJ 0,"','-"-'
...,J < '-' i '~~ ./ ,,'
~\.... 1,L"j,J
(J
CERTIFICATE OF SERVICE
AND NOW, this 14 day of February, 2008, I, Murre! R. Walters, III, Attorney for the
Estate of Richard J. Hallett, hereby certify that a copy of this Motion has been duly served upon the
fDllowing parties, by United States Postal Service, via first class mail, postage prepaid:
Gates Halbruner & Hatch, PC
Attorney for the Estate of Ruth M. Hallett
Jl013 Mumma Road, Suite 100
Lemoyne, P A 17043
Deborah A. Sterling
258 Ridge Hill Road
Mechanicsburg, P A 17050
Jay M. Hallett
416 Limestone Road
Carlisle, PA 17013
/;/
t(/JI
.~
Murre! R. Walters, III, Esquire
J.D. 24849
54 East Main Street
Mechanicsburg, P A 17055
(717) 697-4650
FEB27~(
n..rRE:
CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
ESTATE OF
RICHARD J. HALLETT
NO. 21-01-0963
ORDER
AND NOW, this ~r! day of
M. ~ ~ L\
, 2008, upon consideration of the
attached Petition, Murrel R. Walters, III, is permitted to withdraw as attorney for the estate of
Richard J. Hallett and Murrel R. Walters, III is withdrawn as the primary correspondent with the
Department of Revenue for inheritance tax purposes.
\,k uJ \
\ \ J.
cc: Murre! R. Walters, III, Esquire
,
^ ,
I
0':-
\]
)
^- r0
<:J
w
q
In Re: EST ATE OF RICHARD J. HALLETT
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-01-0963
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03/03/08
JUDGE'S INITIALS: MLE
TIME STAMP DATE: 03/03/08
IN RE: ORDER
""""""""""""""""""""""""""""""""""""""""""""""""""""""."",.,.",.",
SERVICE TO:
GATES HALBRUNER AND HATCH
JAY HALLETT
MURREL R WALTERS III ESQ
DEBORAH STERLING
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
C~ USPS
[J RRR
[J HAND DELIVERED
[J OTHER_
~ PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 03/03/08
",."""""""".""",."",.."""",.",','""""""""""""""".""""""""',,,.,'"""""""""
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
Deputy
Clerk of Orphans' Court