HomeMy WebLinkAbout03-25-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
COUNTY, PENNSYLVANIA
Estate of 'KtZ~', Iv?) /'1'~~:'1'1:::
also known as ::re II N _ __ _
File Number
dl-Of{ -0,331
, Deceased
Social Security Number
/
.
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
~A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated ss - ) ~ 03 and codicil(s) dated
E' ~ e. cr:;/ Ci Q.
named in the
(State relevant circumstances, e,g., renunclatioll, 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 instlUment(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
o B. Grant of Letters of Administration
(If applicable, ellter: c.t.a.; d.b.n.c.t.a.; pelldente lite; durante absentia; durallte milloritate)
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: (If
Administration. c.t.a. or d.bn.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name
Relationship
Residence"
~;
~-
l
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
County, Pennsylvania with his / her last principal residence at
70 /I
,~ 7Lf ~ fl s-l-
Decedent, then --;.:J-
years of age, died on 5'- /2 - (:)?( at
Lf-
30
nM
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
/;). 0 () 60,00
(
$
$
$
$
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 appropriate form to
the undersigned:
7,S-
Cf0
Form RW-02 rev
age 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
The Petitioner(s) above-named swear(s) or affim1(s) that the statements in the foregoing Petition are true and conect to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
~
before me the 0\5 day of
. cQOO~
)'.
Signature of Personal Representative
Signature of Personal Representative
~
File NumberRI .O~ - )
E,tate o~; ~ m ~-bw d~.. ' OM''''
Social Security Number: q - LY- 03'2' Date of Death: 3//2..IM
AND NOW, ,('tU.....c. h d.:5 , ,?-o<.Yl , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters~5' A me n+o...~_
are hereby granted to
in the above estate
and that the instrument(s) dated
descllbed in the Petition be admItted to probate and filed ofre~ the last Will (and Codlcil(s)) of Decedent.
Le"" , ..........FEES $;)VQ= L ~~g~~JYHtJpi-1~~
Short Certificate(s) . . . . . . .. $ ~ _ CO Attomey Signature: ()
Renunciation(s) .......... $
WI \\ $ lS--oo
......)CP $ \0 I UU
.Au...+o~, OY'\ $ 5. 0"D
$
$
.. . $
$
$
$
TOTAL .... . . . . . . . . . . $ '?) 0 2 ~ 00
Attomey Name:
Supreme Court I.D. No.:
Address:
Telephone:
FO/"ln RW.02 rev 10.13.06
Page 2 of2
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~;
III't~~\" OF it;;,--_
/'~"I'/-~<i~J~
1~._~. ~ ~~
/~ -( '... \P>:
1'~I. a ,:e~
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~*~:(" ',..'.,'" ,,/':*$
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"'""'", 'l'lMENt \\, ~ llll~
....,",,,,,,',,#/lIIIJJI11 II'
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
ceriificate will be forwarded to the State Vital
Records Offiee for permanent filing.
Fec Ill" thi, certificate, :'i6.()()
r) 14289U92
Certification Number
~
~
;i.
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions end exemples on reverse)
STATE FilE NUMBER
Hl05 14J REv 1112006
TYPE i PRINT IN
PERMANENT
BLACK lNK
T.p
Cilt/Bow
CAUSE OF DEATH (See Instructions and examples)
Ilam U ParI I. Enler lhI:l ltliuo.!tmnli - dlseases, Uljucies. 01 compbcallorls -thai directly caused the death 00 NOT enter terminal evenlS such as cardiac aflesl,
respiratory arrest, or venlriculallibrillalloo without showing the e~ List only ooe causa on each line
DYes DNa
31. MarInaro! Death
o Nalurill 0 Homicide
o At-Lldenl D Pefldln9lnve~tlgatlOl1 32d Tune ollnju~
o Suicide 0 Could Not be De\efmined
Approximate interval Part II: Enter oIher sill'lilicanl condIlions contributina ICI dl!alh, 28. Dtd Tobacco Use Contnbute to 08aIh?
Onset 10 Death but not resulting in Ihe underlying cause given in Part I 0 Yes 0 p,obatl/v
ONo 0-
29. " Female
o Nolplegnantwllhlnpil!i.t~8a1
o Pregnant allitnll of death
o No! pregnant, but p19\1W1t wl\hin 42 dayS
"..""
o NoIP1egnanl,bulplflUll.nI43df11'1O1 Y'"
belor.cIllaltl
o Uoknown. P1egnanl wittMn !he paS! year
32c Place of Inju~: Hop\e, Farm, Street, FactoIy,
OtfICeBoilding,atc.(SpeciI)')
=~e~~~~~)~~
t:'J /f<')'ff11 c..
Due 10 (or as a consequence 01)
r;vv'-fr COL6fV TO LIVI::'L
.,- 011/
Sequenliall.teilsl tollditlOOS, il any.
~~ U,u~:ra~AU~ a
~~~~~It%~ th:a~mre
b.
Due to (or as aCOllSeQUeIlC8 01)
Due to (or as B consequence 01):
30a Was an Autops~
Perl()fmed?
JOb. Were Aulopsy Findings
Available POOf 10 Complellorl
01 Cause 01 Dea1h?
DYes ONo
32g.loca!lOOoIlnjo~{St'eet,Clty/town, state)
M
3Ja Cenllie, ictlock ooIy one)
Certifying phrsici.v\ (physICian certifying caUS/;! 01 dtdlh when c1nullllH phy~icjan hdS proftouncOO death and lompleled Item 23)
To the beiit 01 mr knowledge, death occurred due 10 the cause(s) and manner as slatecL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
P.ooOlJncing and certifying physician iPhY~lCldn both pronounCing dedlh and certllYlng to cause 01 dealh)
To the be~1 of m~ knowledge, death occurred allhe lIme, dale, and place, alld due 10 the cause(s) and manner IS iilat8fL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Medical Examiner I Coroner
On lhe basil of uaminalion and J or InYe~llgation, in my opinion, death occurred allhe lime, dille, and place, and due to the caul8(l) MId manner al slatecL 0
~
<';
1
1 ':<1 / I.AI/ 1.2 1
DI~p(js.lion Permit No
Date Flied (Month, day, year)
/3 ;J()o'if
/r;3~5"
LAST WILL AND TEST AMENT
OF
REGINAM. PATRICK
t. :
I, REGINA M. PATRICK, of Hampden Township, Cumberland County,
Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby
revoking all Wills and codicils by me at any time made.
ITEM 1. I direct that all inheritance and estate taxes becoming due by reason of
my death, whether such taxes may be payable by my estate or by any recipient of any property,
shall be paid by my Executor out of the property passing under ITEM 5 of this Will, as an
expense and cost of administration of my estate. My Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other
property not passing under this Will. In the absolute discretion of my Executor, he may pay such
taxes immediately or may postpone the payment of taxes on future or remainder interests until
the time possession thereof accrues to the beneficiaries.
ITEM 2. I direct my Executor to pay the expenses of my last illness and funeral
expenses from the property passing under this Will as an expense and cost of administration of
my estate.
ITEM 3. In the event that my husband, EDWARD 1. PATRICK, survives me, I
give and bequeath to him absolutely and in fee simple all of my household furniture and
I -J
/ / ')7'" -*" /
(-_:~ --% 7t..d.. ./ / .l/ tfl? -it.e-c.:_/
;/
furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other
articles of household or personal use or adornment. In the event that my husband does not
survive me, I make said bequest to my sons, EDWARD J. PATRICK, JR. and JEFFREY M.
P A TRICK, to be divided between them as they shall agree. Should there be no agreement, such
property shall be divided among them by my Executor in as nearly equal portions as he, in his
sole discretion, deems practical, having due regard to the personal preferences of my sons
ITEM 4. If my wife survives me, my Executor shall divide my residuary estate
into two separate parts, the marital part and the exemption trust. I give, devise and bequeath the
marital part to my husband, EDWARD J. PATRICK. The marital part shall consist of that
amount which will equal the maximum marital deduction allowable in my estate for federal
estate tax purposes, reduced by the final federal estate tax values of all other property interests
which pass or have passed to my husband, under other provisions of this will or otherwise and
which qualify for the marital deduction. In no event shall a greater amount be allocated to the
marital part than is necessary to completely eliminate the federal estate tax in my estate, after
considering all other federal estate tax deductions and credits (but only to the extent the use of
the state death tax credit does not increase the state death taxes payable) to which my estate may
be entitled. My Executor shall satisfy the marital part in cash or in kind, or partly in each, with
assets eligible for the marital deduction; assets allocated in kind shall be deemed to satisfy this
amount on the basis of their values as finally determined for federal estate tax purposes, but in no
event shall the date-of-distribution value of such assets be less than the amount of the marital
deduction. The exemption trust shall consist of the balance of my residuary estate. If my
husband survives me, I also give, devise and bequeath to my husband, EDWARD J. PATRICK,
-2- ~t-'n-A-~)) /. ~rueL
any property, power or interest disclaimed by my Trustees under any succeeding item of this
Will.
In the event that my husband, EDWARD 1. PATRICK, predeceases me, I give,
devise and bequeath all my property as provided in the succeeding ITEM 5 of this Will.
ITEM 5. I give, devise and bequeath the residue of my estate, of every nature and
wherever situate, to my Trustee, IN TRUST, for the following uses and purposes:
(a) The Trustee shall pay to or expend and apply for the benefit of my
husband, EDWARD 1. PATRICK, so much of the income and principal as he, in his sole
discretion, deems necessary for the proper support, maintenance and welfare of my husband,
including medical, surgical, hospital or other institutional care,. having in mind both the standard
of living to which she has been accustomed and the income available to or for him from other
sources. Any income not distributed shall be added to principal.
(b) After the death of my husand, or ifhe predeceases me, then upon my
death, the Trust shall terminate, and the Trustee shall distribute the then remaining Trust corpus
to my sons, EDWARD J. PATRICK, JR. and JEFFREY M. PATRICK, in equal shares. In the
event that one or more of my sons should not then be living, his share shall be distributed to his
children, if any, in equal shares, or if none, to my surviving son.
(c) No part of the income or principal of the property held under this
Trust shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee
~~~ /Jl 0 (9~.~J
-3-
or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The
Trustee shall pay over the net income and principal to the parties herein designated, as their
interests may appear, without regard to any attempted anticipation, pledging or assignment by
any beneficiary under a trust, and without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
ITEM 6. In addition to the powers conferred by law, the Trustee shall have the
following powers:
(a) To retain in his absolute discretion and for such period as to him shall
seem advisable, any and all assets constituting the Trust Fund, without liability for any loss
incurred by reason of the retention of such assets.
(b) To change investments and properties, and to invest and reinvest all or
any part of the corpus of the Trust hereby established, in such securities, investments, or other
property as to him seems advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds by the laws of the Commonwealth of Pennsylvania.
(c) To sell all or part of the property which at any time may constitute a
part of the Trust hereby established, at such time, upon such terms, for cash or on credit, with or
without security, in such manner and at such prices, either at public or private sale, as to him
shall seem advisable and proper, and to execute good and sufficient deeds and bills of sale
therefor.
~~/J7' &-~b
-4-
(d) To lease any property held by him and for the duration of the term,
irrespective of the provisions of any statute or of the termination of the trust; and to mortgage,
pledge, collect, convert, redeem, exchange, or otherwise dispose of any securities or other
property at any time held by him.
( e) To borrow money, whether to pay taxes, exercise subscriptions, rights,
and options, pay assessments or to accomplish any other purpose of any nature incidental to the
administration of the Trust hereby established, and to pledge any securities or other property held
by him as security therefor.
(f) To enforce any bonds, mortgage, or other obligations or liens held
hereunder; to enter upon such contracts and agreements and to make such compromises or
settlements of debts, claims, or controversies as he may deem necessary or advisable; to submit
to arbitration any matter or difference; to vote personally or by proxy any shares of stock which
may at any time be held by him hereunder.
(g) To consent to the reorganization, consolidation, merger, liquidation,
readjustment of or other change in any corporation, company or association, or to the sale or
lease of the property thereof or any part thereof, any of the securities or other property of which
may at the time be held by him thereunder, and to do any act or exercise any power with
reference thereto that may be legally exercised by any person owning similar property in his own
right, including the exercise of conversion, subscription, purchase or other options, the deposit or
exchange of securities, the entrance into voting trusts, and the making of agreements or
~.~/77' ~#ddV
-5-
subscriptions which he may deem necessary or advisable in connection therewith, all without
applying to any court for permission to do so, and to hold, redeem, sell or otherwise dispose of
any securities or other property which he may so acquire, irrespective of whether the same be
authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania.
(h) To cause to be registered in his name as Trustee hereunder, or in the
names of his nominees without qualification or description, any securities at any time held in the
Trust hereby established.
(i) To determine the manner in which the expenses incidental to or
connected with the administration of the Trust hereby established shall be apportioned as
between income and principal.
(j) To carry out agreements made by me during my lifetime, including the
consummation of any agreements relating to the capital stock of corporations owned by me at the
time of my death, and including the continuation of any partnership of which I may be a member
at the time of my death whenever the terms of the partnership agreement obligate my estate or
personal representative to continue my interest therein, and to enter into agreements for the
rearrangement or alteration of my interests or rights or obligations under any such agreements in
effect at the time of my death.
(k) To apportion extraordinary and stock dividends received by him
between income and principal in such manner as he may see fit; provided, however that all rights
to subscribe to new or additional stock or securities, and all liquidating dividends shall be
deemed to be principal.
~~/Jl~~h
-6-
(1) To disclaim without court approval any part or all of any property,
power or interest passing to the exemption trust under any Will, Deed of Trust or otherwise.
The Trustee may freely act under all or any of the powers of this Agreement given
to him in all matters concerning the Trust hereby established, after forming his judgment based
upon all the circumstances of any particular situation as to the wisest and best course to pursue,
without the necessity of obtaining the consent or approval of any court, and notwithstanding that
he may also be acting as an individual, or as trustee of other trusts, or as an agent for other
persons or corporations interested in the same matters, or may be interested in connection with
the same matters as stockholders, directors or otherwise.
The powers herein granted to the Trustee may be exercised in whole or in part,
from time to time, and shall be deemed to be supplementary to and not exclusive of the general
powers of trustee pursuant to law, and shall include all powers necessary to carry the same into
effect. The enumeration of specific powers herein shall not be construed in any way to limit or
affect the general powers herein granted.
ITEM 7. The Trustee of the foregoing Trust shall be my brother-in-law,
MICHAEL 1. PATRICK, of York, Pennsylvania. In addition to other provisions applicable to
trustees generally, the following provisions shall apply to the Trustee:
(a) No bond or surety shall be required of the Trustee or of any successor
Trustee who shall serve hereunder.
C?J~~/J(. ~~~
-7-
(b) The Trustee or any successor Trustee may resign by an instrument in
writing.
(c) The Trustee or any successor Trustee may appoint any person, firm or
corporation, other than the Testatrix or any firm or corporation which the Testatrix has an
interest, as successor Trustee,
(d) Any successor Trustee shall have and may exercise all the rights,
powers, duties and discretions conferred or imposed on the Trustee.
(e) No one dealing with any Trustee need inquire concerning the validity
of anything the Trustee purports to do, or see to the application of any money paid or property
transferred to or upon the order of the Trustee.
(f) No successor Trustee shall be obliged to examine the accounts and
actions of any previous Trustee.
(g) No successor Trustee shall be responsible in any way for any acts or
omissions of any previous Trustee.
(h) No Trustee shall be liable for any act or omission unless the same be
due to that Trustee's own willful default.
(i) The compensation to be paid to any Corporate Trustee for its ordinary
services as Trustee shall be at the rates prescribed for similar trust services in its standard
~~/}7' c9~
-8-
compensation schedule in effect at the time of each charging of such compensation, unless it
agrees in writing to a different fee arrangement. Any Corporate Trustee shall receive reasonable
additional compensation for all requested or required extraordinary services. It may deduct the
compensation at such time or times and from such sources as it may reasonably determine.
Reasonable compensation shall be paid to any individual serving as Trustee, unless the
individual waives the right to receive compensation.
ITEM 8. If any income or principal shall be payable to any beneficiary who shall
be a minor or shall be under a legal disability or in the sole judgment of my Executors or Trustee
shall otherwise be unable to apply such payments to his or her own best advantage (hereinafter
referred to as minority or incapacity), my Executors or Trustee shall hold such income and
principal during minority or incapacity and shall apply such income and principal to the health,
maintenance, support and education of such beneficiary during minority or incapacity without
the appointment of any guardian or committee or any authority of court and shall make all or any
portion of any such payment in anyone or more of the following ways:
(a) Directly to such beneficiary.
(b) To the legal guardian or conservator or custodian under the Uniform
Transfers to Minors Act of such beneficiary.
(c) To a relative of such beneficiary to be expended by such relative for
the benefit of such beneficiary.
~/JI 6?~b
-9-
(d) By themselves, expending the same for the benefit of such
beneficiary.
Any remaining income and principal to which such beneficiary shall be entitled shall be paid and
distributed to such beneficiary on the termination of minority or incapacity.
ITEM 9. Ifmy husband, EDWARD J. PATRICK, and I should die at the same
time, or in a common disaster, or under such circumstances that it is difficult or impossible to
determine who died first, I, REGINA M. PATRICK shall be deemed to have survived him.
ITEM 10. I hereby nominate, constitute and appoint my husband, EDWARD J.
P A TRICK, as Executor of my estate, In the event that he is unable or unwilling to serve in this
capacity, I then nominate, constitute and appoint my brother-in-law, MICHAEL J. PATRICK, as
Executor of my estate.
In addition to the powers conferred by law, my Executors shall have the same
powers granted to my Trustee in ITEM 6 above:
My Executors are specifically relieved from the duty or obligation of filing any
bond or bonds.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last
Will and Testament, this J ,YdJ' day of /}la1A!L
, A.D., 2003.
~/?;.(9~~.b (SEAL)
Regina M. Patrick
-10-
WITN~{jlJ;ku ~
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residing at . fl- (7f!U
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residmg at 9j-' \\ U
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-11-
COMMONWEAL TH OF PENNSYLVANIA )
SS.
COUNTY OF DAUPHIN
)
Q We, REGINA M. PATRICK, Ko Al M..J:, D. g u..-<-"-I,::,. ' and
r<...Y.$-r-frL Dh:.-b.F tJ , the Testatrix 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 Testatrix signed and executed the instrument as her
Last Will and that she had signed willingly (or willingly directed another to sign for her) and that
she executed it as her free and voluntary act for the purpose therein expressed, and that each of
the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to
the best of their knowledge, the Testatrix was at that time eighteen years of age and older, of
sound mind and under no constraint or undue influence.
~//[" 6/J~
Regma M. Patnck
;U.tdk
Witness
~'~~n~ C1.~po /\
WItness
Subscribed, sworn to and acknowledged before me by REGINA M. PATRICK,
the Testatrix, and subscribed and sworn to before me by KON,A-Ll> b ,- t5LJT"CEIC ,
and C KYS'lA-l... CCx;:.DE. JJ , the witnesses, this 1"6~ day of
f\f\.A-j2...Q...J. , 2003.
k:-h.f :t- T~ ~
Notary Public
My Commission Expires:
-12-
r NOTARIAL SEAL
I CHERYL~, FERGUSON, Notary Public
Ham~burg, Dauphin County
, My ~~~~~s1gnE~P!rf3~"~ il 6, 2004