Loading...
HomeMy WebLinkAbout05-29-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA , Deceased :A\ O~ ()5~ l) >-;:;;0 Social Security Number 218-20~~ !:::r:O ,-;>r- · ,~5, ~t~ '" '--' => = :x JIo.. -< t'-J \.0 _C : : ; r--;"--1 j--) Estate of Anna Jean Mann also known as nJa Late of Upper Allen Township File Number "l.l Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) 'I ~ ,__..0,,\ IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated November 22, 2005 and codicil(s) dated none Named co-executor, Thomas A. Mann, has renounced. Executor J:Ja :3: C!Jmed mih~~~ -. . . ~ ) U1 (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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/ A 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 leftno Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete /ist of heirs.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 312 Me s s iah Circle. Mechanicsburg, PA 17055 (Upper Allen Township) (List street addreJs, town/city, township, county, state, zip cade) Decedent, then ~_ years of age, died on August 31, 2007 at Messiah Village, Mechanicsburg, PA 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 $ $ $ $ 21,806.78 0.00 0.00 0.00 situated as follows: none 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: T d or rinted name and residence Eric L. Mann, 1916 Rhoda Avenue, Mount Joy, PA 17552 Form RW-02 rev. 10.13.06 Page 1 of2 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 representative( s) of the Decedent, Petitioner( s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed d97iL 4~~ Signature of Personal Representative before me the Signature of Personal Representative Signature of Personal Representative o ~;O ~: ;;;S ]L:P ':;7111 C>:~I 5~ C iC) -: ~d ,'I j35 0."-1 )> , Deceased File Number: 2/o?oSF-Z Estate of Anna Jean Mann I'-..;) <= = = ::J;:': :z:,.. -< ~, : oJ ) 'j ) , N 1..0 C) ,......._~ :1.?- :z:: C5 ..r;:- 0'" (-.-) ':-or-:'\ .~ (..-) Social Security Number: 218-20-9824 Date of Death: August 31, 2007 AND NOW, fJ;l12lj i q . wY . in consideration ofthe foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Eric L. Mann and that the instrument(s) dated November 22,2005 described in the Petition be admitted to probate and filed of record in the above estate FEES Letters ... /!tJ.3f:I.p! 7 r $ Short Certificate(s) . .3 . . .. $ Renunciation(s) ... .l. . . . . $ 0'" . .. $ ...JL P ... $ /l.. 10 .. . $ .., $ .. . $ .. . $ .. . $ .. . $ .. . $ TOTAL . . .. .. .. .. .. .. $ Attorney Signature: Register of Wills ~ /.pO J;J. ..5' J~ 10 s- Attorney Name: Andrew L. Saylor Supreme Court I.D. No.: 57291 Address: Gibbel Kraybill & Hess LLP 41 East Orange Street Lancaster, PA 17602 Telephone: 717-291-1700 /61"0 ~ Form RW-02 rev. 10.13.06 % Page 2 of2 H105112 REV. 1/05 (FEE FOR THIS CERTIFICATE 56.00) WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICA TIONOF DEATH CERT. NO. T 6142775 Date of Issue of This Certification 9-03-07 :I\D ~ 6 5<rt Name of Decedent FEMALE ANNA MANN JEAN Rrst Last 8-31-07 Middle 218-20-9824 Social Security No. Date of Death Sex Date of Birth 3-28-27 PENNSYLVANIA Birthplace MESSIAH VILLAGE UPPER ALLEN TWP. CUMBERLAND Place of Death WHITE County Facility Name City, BO!ough or Tuwnship TEACHER Occupation Decedent's Mailing Address 312 MESSIAH CIRCLE Number Street Armed Forces? (Yes or No) Race Marital Status MARRIED MECHANICSBURG City or Town DAVID T. SEKELY State DR. LOWELL D. MANN Funeral Director Informant Name and Address of Funeral Establishment 130 N. MARKET STREET ELI ZABETHTOWN , PA : Interval Between : Onset and Death I I I I I I I I I I (~) I c- ;~~ ~=rn ~~b ..:~~~ Describe how injury occurred:::::20Ci"j ._~-- :::0 j,,!--1 Part I: Immediate Cause (a) (b) HEPATIC FAILURE (c) (d) Part II: Other Significan~er2fuoLIC CIRRHOSIS Manner of Death Natural c:f Homicide 0 Accident 0 Pending Investigation 0 Suicide 0 Could not be Determined 0 Pennsylvania NO PA ,....., <:::::> 2S :::it :;::.... -< N 1..0 ! I', (1 ~.1 - ") - ~. -... :J i ,', C~,) )::l>o :!: ( '(;:-'~ '2 !i ,.') &"" 0"\ ) . ., Name and Title of Certifier J. WEBER, D.O. Address 100 MT. ALLEN DR, MECHANICSBURG (M.D., D.O., Coroner, M.E.) 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 permanent filing~",,~~ 36-~.:~, 9-03-07 25 IRIS CIRCLE ELIZABETHTOWN Date Received by Local Registrar Stmet Address City, Borough. Township 1- ( 0'8 6S&,2 (") c=:o ::D -0 ~, t-:::::':) c:::> ,= ~: J:;Tlf. ....< : I {-.-; , l'J ill WILL --..._.:j r' :'--:S(~)I :::; - I, ANNA JEAN MANN, of Elizabethtown Borough, Lancaster COuIit]';~1>ennsyi.Yania~, revoke any prior wills and declare this to be my will: ::> 0--. I. Personal and Household Effects: I give all my automobiles, and all other articles of personal or household use, together with all insurance relating thereto, A. To my husband, LOWELL D. MANN, if he survives me by thirty (30) days. Ifhe does not so survive me, I give all such property B. In accordance with any memorandum which I date and sign at the end (and which I intend to place with my signed will). Such gifts shall be given, however, only to persons who survive me or to organizations that exist at my death. If there is more than one memorandum, with conflicting provisions, the latest memorandum shall govern. To the extent the property is not effectively given, I give the balance c. To my children who so survive me, to be divided between them as they agree; provided that articles which are not so divided may be sold and the proceeds thereof added to my residuary estate. II. Marital Gift: A. If my husband, LOWELL D. MANN, survives me, I give him the residue of my estate. However, if and to the extent my spouse disclaims this gift or any part of it, the disclaimed portion shall pass as follows. B. If my husband, Lowell D. Mann, survives me, I give him that amount which will be exactly sufficient to reduce the federal estate tax falling due because of my death to the lowest possible figure, and I give the residue as follows. III. Residuary Trust: I give the residue of my estate as follows A. To my trustee, IN TRUST, to keep it invested and thereafter: B. If my husband, LOWELL D. MANN, survives me, during his lifetime: 1. The net income shall be paid to him in quarterly or other convenient installments; 2. As much of the principal as my trustee may from time to time think desirable--taking into account funds available from other sources--for the health, support, or maintenance of my husband either shall be paid to him or shall be applied directly for those purposes; 3. On the last day of each calendar year following my death my husband shall have the noncumulative right to withdraw from the principal up to five thousand dollars ($5,000.00) or up to five percent (5%) thereof, whichever is the greater amount (the amount subject to withdrawal at anyone time during a calendar year to be based on the market value of the principal at that time plus the amount of any prior withdrawals during that year, that sum to be reduced by the amount of such prior withdrawals); and 4. After my spouse's death, the then remaining principal shall be paid to or in trust for anyone or more of my descendants and tax exempt organizations, on any terms which my spouse may specifY in my spouse's will specifically referring to this power of appointment. Appointment may not be made to my or my spouse's estate or creditors or the creditors of my or my spouse's estate. To the extent my spouse does not make an effective appointment, the then remaining principal shall be held in accordance with the following article. C. After my husband's death (or mine if I survive him) the then-remaining principal shall be distributed in equal shares to my sons, ERIC L. MANN and THOMAS A. MANN, who are then surviving; provided that if a son of mine is not then surviving but leaves any descendants who are then surviving, his descendants shall receive, per stirpes, the share my son would have received had he survived me. If a son of mine does not survive me, and has no surviving descendants, but has a surviving spouse, I give my son's surviving spouse twenty-five percent (25%) of my deceased son's share, and I give the balance of my deceased son's share to my surviving son, per stirpes. If I have no surviving descendants, I give the balance to BRETHREN IN CHRIST FOUNDA nON, INC., Grantham, Pennsylvania. IV. Calculation of Marital Deduction: In calculating the amount to be allocated to the marital deduction gift, (i) the value of any property not passing under this will which qualifies for the marital deduction shall be taken into consideration and (ii) the amount shall be reduced to the extent that my estate would lose the benefit of any credits available against the federal estate tax in my estate. V. Satisfaction of Marital Deduction: No property ineligible for the marital deduction shall be used to satisfY that deduction. Property distributed in kind in satisfaction of the marital deduction in my estate shall be distributed at the lower of (i) its value at the time of distribution and (ii) either the value finally put on it for federal estate tax purposes in my estate or, if it was acquired after my death, its adjusted federal income tax basis. Subject to the foregoing, my executor shall have absolute discretion in selecting the property to be allocated to the marital deduction gift. 2 VI. Survivorship: For the purpose of this will, I shall be deemed to have survived my husband if the order of our deaths is not clear. VII. Death Taxes: All federal, state and other death taxes--except generation-skipping transfer taxes--payable because of my death on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the principal of my residuary estate just as if they were my debts, and none of those taxes shall be charged against the marital deduction gift, any beneficiary or any outside fund. VIII. Tax Options: I authorize my executor to use administrative or other expenses of my estate as income tax or estate tax deductions or both and to value my estate for tax purposes by any optional method permitted by the law in force when I die, without regard to whether they were paid from principal or income or whether the size of the marital deduction gift will be affected thereby, and without requiring adjustments between principal and income for any resulting effect on income or estate taxes. IX. Minimum Distribution Withdrawal: If my trustee is the beneficiary of any individual retirement account, qualified retirement plan, or other arrangement which is subject to a minimum distribution requirement, my trustee shall withdraw from the Plan in each calendar year an amount which is at least equal to that minimum distribution amount. My trustee may, in my trustee's discretion, withdraw a greater amount, if such withdrawal does not violate the terms of the trust. X. Beneficiaries Under Thirty-five (35) or Disabled: If any person under thirty-five (35) years of age becomes entitled to any income or principal hereunder, or if any person who is, in my trustee's sole and absolute discretion, disabled by advanced age, illness or other cause, or otherwise incapable of managing the funds, becomes entitled to any income or principal of the residuary trust, I give the share of that beneficiary to my trustee, IN TRUST, and thereafter: A. As much of such income or principal as my trustee may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefit; and B. The balance of such income and principal shall be held as a separate trust for the beneficiary and, subject to my trustee's power to pay to, or to apply for the benefit of, the beneficiary both income and principal of such trust, shall--together with any net income therefrom--be kept invested and paid, as the case may be, to the beneficiary, as follows: 1. Each beneficiary who is not disabled shall have the right to withdraw up to one-fifth (1/5) of the principal of his or her trust at any time after reaching twenty-five (25) years of age; 2. Up to one-third (1/3) of the remaining balance thereof at any time after 3 reaching thirty (30) years of age; and 3. The entire balance thereof at any time after reaching thirty-five (35) years of age. 4. The share of any beneficiary who is disabled or otherwise incapable of managing the funds, who and reaches thirty-five (35) years of age, may be kept in trust in my trustee's sole and absolute discretion, and may be paid to the beneficiary when, in my trustee's opinion, he or she becomes free of disability or otherwise becomes capable of managing the funds. C. In the alternative, in the discretion of my executor or trustee, any property that is being or would be held by my trustee under this article for a beneficiary under age twenty-five (25), whose share hereunder is twenty-five thousand dollars ($25,000.00) or less, may be deposited in the name of the trustee or the guardian of the estate of the beneficiary, to be held free of this trust under the Uniform Gifts or Transfers to Minors Act of any state. When the beneficiary reaches the age of twenty-five (25) the balance shall be paid to the beneficiary. Ifhe or she dies before that time, the balance shall be paid to his or her estate. Any funds to be applied under this article either shall be applied directly by my trustee or shall be paid to a parent or guardian of the beneficiary or to any person or organization taking care of the beneficiary, and my trustee shall have no further responsibility for any funds so applied or paid or for funds deposited under paragraph C, above. XI. Merger of Trusts: Notwithstanding any other provisions hereunder, and regardless of the size of a trust hereunder, if the dispositive provisions specified under any trust established by my husband or me are precisely or substantially the same as a trust hereunder, disregarding distributions to possible intestate heirs, my trustee hereunder may add the principal of my such trust to any such trust to be held, administered, and disposed of thereunder. XII. Rights in Income: All income undistributed at a beneficiary's death shall be treated as if it had accrued thereafter (but this provision shall not be applicable to any marital deduction gift). XIII. Protective Provision: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. XIV. Management Provisions: I authorize my executor and trustee: A. To retain and to invest in all forms of real and personal property; B. To partition, subdivide or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of any 4 real estate in which any trust hereunder has an interest and to impose or extinguish restrictions on any such real estate; C. To compromise claims and to abandon any property which, in my executor's or my trustee's opinion, is of little or no value; D. To disclaim any interest in property that would have devolved to me and to do so without court authorization. E. To borrow from anyone and pay interest, even if the lender is an executor or trustee hereunder, and to pledge property as security for repayment of any funds borrowed; F. To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property, and to give options for sales or leases; G. To make loans to, to borrow from, to sell to and to buy property from, my or my husband's executors, administrators or trustees; H. To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; I. To join with my husband in filing a joint income tax return without requiring indemnification of my estate against liability for the tax attributable to his income, and to consent to any gifts made by my husband being treated as having been made one-half by me for the purpose of federal laws relating to gift tax; and J. To distribute in kind and to allocate specific assets among the beneficiaries (including any trust hereunder) in such proportions as my executor or my trustee may think best, so long as the total market value of any beneficiary's share is not affected by such allocation; provided that nothing in this paragraph shall affect the provisions set forth above regarding satisfaction of the marital deduction. These authorities shall extend to all property at any time held by my executor or my trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities and discretion granted by this will shall be in addition to those granted by law and shall be exercisable without leave of court. XV. Additions: With my trustee's approval, anyone else may add to the principal of any of the trusts hereunder by deed, life insurance contract, will, or otherwise. XVI. Trustee: I appoint my husband, LOWELL D. MANN, as trustee of any trust created herein, but if he fails to qualify or ceases to act, I appoint my sons, ERIC L. MANN and THOMAS 5 A. MANN, as co-trustees in his place. The trustee may appoint a successor individual or corporate trustee, and no court approval of that appointment shall be required. XVII. Executor: I appoint my sons, ERIC L. MANN and THOMAS A. MANN, as co-executors of this will. XVIII. Fiduciary Provisions: I direct that: A. No trustee who has a legal obligation of support of any beneficiary hereunder shall ever participate as trustee in the exercise of, or decision not to exercise, any discretion to pay income or principal to, or to apply income or principal for the benefit of, any beneficiary (including discretion to allocate funds among a group of beneficiaries and discretion to accumulate income); B. Except as just stated, the words "my executor" shall refer to all those from time to time acting as such, and the words "my trustee" shall, in their application to each trust, refer to all those from time to time acting as trustees of that trust; and C. No executor or trustee shall be required to give bond. N ove-~ 22.- ,20 05 ~ ~ ~AL) (Anna Jean Mann) Executed: In our presence the above-named testatrix signed this and declared it to be her will, and now at her request, in her presence, and in the presence of each other, we sign as witnesses: ~~~ ~ "'S~ v Witness Witness 6 COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF LANCASTER I, Anna Jean Mann, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my will, and that I signed it as my free and voluntary act for the purposes therein expressed. ~~ Testatrix ~ We, having been duly qualified according to law, depose and say that we were present and saw Anna Jean Mann sign the foregoing instrument as her will; that she signed it willingly and as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the will as witnesses; and that to the best of our knowledge she was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. 71~/?~ '/ Witness Witne1J..., .5 S(f/ Subscribed, affirmed to and acknowledged before me by the above-named testatrix, and by the witnesses whose names appear opposite, on the date of this will. Notary Public Subscribed, affirmed to and acknowledged before me by the testatrix, and by the other witness whose name appears, on the date of the will. Andrew L. Saylor, Esquire Sup. Ct. ill No. 57291 On this the rJ.~"^- day of LrJ ~1:::J..vL , 20~, before me, the undersigned officer, personally appeared Andrew L. Saylor, Sup. Ct. ill No. 57291 known to me or satisfactorily proven to be a member of the Bar of the Supreme Court of Pennsylvania, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testatrix and witnesses. ~ftr~ma~ No. Publi COMMONWEALTH OF PENNSYLVANI Notarial Seal Jennifer L. Marcus, Notary Public City Of Lancaster, Lancaster County My Commission Expires Sept. 30, 2008 Member, Pennsylvania Associallon Of Notaries COMMONWEALTH OF PENNSYL V ANlA ) ) ) SS: COUNTY OF LANCASTER I, having been duly qualified according to law, depose and say that I was present and saw Anna Jean Mann sign the foregoing instrument as her will; that she signed it willingly and as her free and voluntary act for the purposes therein expressed; that I in her sight and hearing signed the will as witness; and that to the best of my knowledge she was at the time eighteen years of age or older, of sound mind and under no constraint or undne influence. ~6 ~ Andrew L. Saylor, Witness Subscribed, affirmed to and acknowledged on this the ;;< ~ day of ~ ~ , 20 0) , before me, the undersigned officer, by the witness whose name appears above. ~~-1 ~.~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer L. Marcus, Notary Public City Of Lancaster, Lancaster County My Commission Expires Sept. 30, 2008 Member, Pennsylvania Association Of Notaries Renunciation '1 \ () ~ oS~'2.. Register of Wills Cumberland County, Pennsylvania Estate of Anna Jean Mann, Deceased I, Thomas A. Mann, in my capacity/relationship as named Co-Executor and son of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Eric L. Mann. ( ;2L7 tJ' 7 ~~ (Signature - Thomas A. Mann Ocr (Date) /t? 4176 West 116th Way Westminster, CO 80031 Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified That he or she executed the renunciation for The purposes stated within on this ~ay of C)clo~ ,20 O-r-. ~00~~ Notary Public My Commission Expires: q l? S l 0 '{, (Signature and Seal ofNotaIy or other official qualified to administer oaths. Show date of expiration ofNotaIy's Commission.) - 1---:> C-=' C? = 3: :r.;:-n -< N \..0 ( ~ .. c:'::::; .~ 1.J .J> - cr. MICHelLE WALLER NOTARY PUBLIC, STATE OF COLORADO Form RW..fJ6 rev.JO.13.06