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HomeMy WebLinkAbout09-08-08 (2) n _ IN THE COURT OF COMMON PLEAS c;~ vi - ' PENNSYLVANIA CUMBERLAND COUNTY '--; z ~ ~ `==' `-' , ORPHAN'S COURT DIVISION crime w . ;~ r ~ , __ -.. IN RE ~- _'~ ESTATE OF MARGARET E. MOSER No. 21-08-0683 ~ ~ ° _ -~ Deceased ~'' ~~ " ~~~~ PETITION FOR ADMISSION TO PROBATE OF AFTER-DISCOVERED CODICIL Pursuant to 20 Pa. Cons. Stat. §3138 TO THE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY: The Petition of Russell E. Moser, brother of the deceased, Margaret E. Moser and Executor of the Estate of Margaret E. Moser respectfully represents: 1. Margaret E. Moser died on June 21, 2008, leaving a will dated February 12, 1990, on which Letters Testamentary were granted to Petitioner as Executor on June 25, 2008. A copy of the will is attached as Exhibit A. 2. Subsequent to the admission of probate of decedent's will, Petitioner discovered an executed original document, which Petitioner believes to be a codicil to the decedent's will. A copy of this document is attached hereto as Exhibit B and the original is being submitted to the Register of Wills concomitant with the filing of this Petition. 3. Robin D. Graber and Deborah K. Bittner have executed Oaths of Non-Subscribing Witnesses of the Codicil. Copies of their oaths are attached as Exhibit C. 4. Pursuant to this codicil, decedent directed that the residue be divided equally between her four children, namely: Deborah Kay Bittner, Richard C. Moser, Jr., Robin Diane Goldman (now known as Robin Diane Graber) and Jeffrey Alan Moser. 5. Petitioner has given notice of the filing of this Petition to the following parties-in-interest G /~C and advised them that the codicil may be admitted to probate within ten days of the filing of this Petition if no objection is filed prior to September 22, 2008. The parties in interest are as follows: Richard C. Moser, Jr. 2114 Chestnut Street Camp Hill, PA 17011 Robin D. Graber (named in the Will as Robin D. Gates) 21 Verna Court Mount Joy, PA 17552 Jeffrey A. Moser PSC 37 Box 3194 APO AE 09459 Deborah K. Bittner 3937 N. 6"' Street Harrisburg, PA 17109 Jessica J. Hoffa (named in the Will as Jessica J. Beaver) P.O. Box 238 Warren, VT 05674 Brandy K. Bittner (named in the Will as Brandy K. Beaver) 423 Four Seasons Drive Charlottesville, VA 22901 Auri B. Bittner (named in the Will as Auri B. Beaver) 534 Bedford Court Mechanicsburg, PA 17050 Aaron Bittner (named in the Will as Aaron Beaver) 505 A Park Road New Cumberland, PA 17070 Zachary K. Bittner 3937 N. 6``' Street Harrisburg, PA 17109 Russell E. Moser 13 Neponsit Lane Camp Hill, PA 17011 -2- A copy of the notice letter is attached as Exhibit D. WHEREFORE, Petitioner respectfully requests that, pursuant to 20 Pa. Cons. Stat. § 3138, the decree of probate and grant of Letters Testamentary dated June 25, 2008 be opened to receive proof of the later writing dated April 11, 1996, as a codicil to the Will dated February 12, 1990 of Margaret E. Moser, Deceased, and amend the probate record accordingly. Respectfully Submitted: GINGRICH, SMITH, KLTNGENSMITH & DOLAN Dated: 9' ~ •~ ~ By: Julie .Cooper, Esq. Atto ey LD. # 222 S. Market Street, Suite 201, PO Box 267 Elizabethtown, PA 17022 (717)367-1370 -3- VERIFICATION I, Russell E. Moser, brother of the deceased, Margaret E. Moser and Executor of the Estate of Margaret E. Moser, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: f,... ,~ Y r ; Russeh E. Moser -4- LAST WILL AND TESTAMENT OF MARGARET E. MOSER I, MARGARET E. MOSER, now residing in Dauphin County, Pennsylvania, declare this to be my Last GVill and Testament and revoke all prior Wills and Codicils made by me. ITEM I. I direct that all of my just and currently due debts, funeral expenses and the cost of my gravemarker, if any, shall be paid from my estate as soon as practical after my decease as a part of the administrative expenses of my estate. ITEM II. I give and devise all of my estate, of every nature and wherever situate, in four separate and equal shares to the following named individuals in the following manner: A. One separate and equal share shall be given unto my son, RICHARD, C. MOSER, JR., now of Carlisle, Pennsylvania. If then deceased, unto his then living children in equal shares. B. One separate and equal share shall be given unto my daughter, ROBIN D. GATES, now of Hummelstown, Pennsylvania. If then deceased, unto her then living children in equal shares. C. One separate and equal share shall be given unto my son, JEFFREY A. MOSER, now of the territory of Guam. If then deceased, unto his-then living children in equal shares. D. One separate and equal share shall be given unto COMMONWEALTH NATIOidAL BANK of Harrisburg, Pennsylvania (herein- after called "TRUSTEE") who shall hold such property, together with any other property that may be added to this Trust (all of such property being hereinafter called the "Principal"), IN TRUST, for the benefit of the children of my daughter, DEBORAH K. BITTNER, namely, JESSICA J. BEAVER, BRANDY K. BEAVER, AURI B. BEAVER, AARON BEAVER and ZACHARY K. BITTNER, pursuant to the following Articles of Trust. 1. TRUSTEE shall collect all property or sums of money given to it by virtue of this provision of my Last Will and _. ~`',, ~ , J J Margaret E. Moser Exhibit "A" Testament, compute the total value of such property and divide the same into five (5) separate and equal shares, one (1) for each of my above-named grandchildren who are the children of my daughter, DEBORAH K. BITTNER. Thereafter, TRUSTEE shall maintain and administer each such share as a separate Trust for the benefit of each such beneficiary in accordance with the following provisions. 2. TRUSTEE shall invest and reinvest the principal or corpus of each such Trust and shall pay or apply so much of the income and so much of the principal of such Trust as it, in its sole discretion, deems necessary to support the beneficiary thereof in his or her accustomed manner of living, to meet the medical, dental, hospital and nursing expenses or any expenses of invalidism of such beneficiary and to meet the expenses of such beneficiary's education including, but not limited to, preparatory, collegiate, graduate and professional education provided such beneficiary maintains the required scholastic standards of the institution or in- stitutions attended. 3, when each such beneficiary shall have attained the age of twenty-one (21) years, TRUSTEE shall compute the then remaining principal and any undistributed income of the separate Trust held for such beneficiary and shall dis- tribute the same absolutely to him or her at that time. 4. Should any of the above-named beneficiaries pre- decease me or die during the term of the separate Trust established for his or her benefit and prior to distribution of the balance of the principal of the same, TRUSTEE shall distribute the share that would have been allocated to such beneficiary or the then remaining principal and any undis- tributed income of the separate Trust established for such beneficiary, as the case may be, in equal shares to the surviving members of the above-named beneficiaries, such shares to be added to the Trusts established for those under the age _ ~, ~~1,.; ,.;~ ,,~, _ Margaret E. Moser+ - 2 - of twenty-one (21) years or distributed outright to those over the age of twenty-one (21) years. ITEM III. I direct that all estate, transfer, inheri- tance and succession taxes upon or in respect to the estate of which I shall die seized and possessed, and upon all other property upon which or in respect to which any such taxes shall be due and owing shall be paid out of my estate as if they were my debts, without any apportionment or right of reimbursement, and all legacies, devises and other gifts of principal and income made by this Will or by any Codicil thereto shall be free and clear thereof. In the discretion of my Personal Representative, taxes on future or limited interests may be prepaid. ITEM IV. I appoint my brother-in-law, RUSSELL E. MOSER, now of Camp Hill, Pennsylvania, as Executor of this my Last Will and Testament. No bond shall be required by my Personal Representative in any jurisdiction. ITEM V. In addition to the powers given by law to my Personal Representative(s) and Trustee(s) [hereinafter fiduciaries) in the administration of my estate and of the trust(s) created herein, they shall have the following discretionary powers applicable to all real and personal property held by them, including property held for minors, effective without court order until actual distribution. (The words "he" and "him" as used herein shall be deemed to include the words "she", "it", "they", "them", "his", and "her" as appropriate.) A. To retain any property owned by me at my death and to invest any funds held by them in any stocks, bonds, rotes or other securities or property, real or personal, it being my intention. to give them the broadest investment powers possible within the limitations of the law. B. To sell or otherwise dispose of any property, real or personal, at any time forming a part of my estate or the Trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the application of any monies paid. Marga'et E. Moser - 3 - i i C. To manage, operate, repair, improve, mortgage or lease for any term any real estate at any time held or owned by them as fiduciaries.. D. To hold investments in the name of a nominee and exercise and dispose of warrants. E. To engage in litigation and compromise, arbitrate or abandon claims and property. F. To conduct any business in which I am engaged or in which I have an interest at the time of my death, for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and do all other acts, which I, in my lifetime, could have done, or to delegate such powers to a partner, manager or employee, without liability for any loss occurring therein. G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by law; to distribute in cash or kind or partly in each at valuations fixed by the fiduciaries. H. In general, to exercise all powers in the management of the assets of my estate or the Trust estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this Will or the Trust(s) created herein. I. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. J. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity ~.1 ~ 4 I .I~ l ~ .'1., Margaret E. Moser - 4 - or other change in the absence of information deemed reliable without liability for disbursements made on such assumptions. K. No interest of any beneficiary of my estate or any trust created herein, either in the assets of my estate or the principal or income of any trust created herein, shall be subject to anticipation or to pledge, assignment, sale or transfer by such beneficiary, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Personal Representative(s) or Trustee(s), as the case may be, for the liability of such beneficiary, whether such liability arises from his or her debts, contracts, torts or other agreements of any type and the same may not be liable for any levy, attachment, execution or sequestration while .in the hands of any fiduciary. IN WITNESS WHEREOF, I have hereunto set my hand and seal this / ~ t day of ~j~', j;<,;,~, , 1990. ..~ ,1 V1 , `v, , . ~c~ fdarg~ret E. Moser The preceding instrument, consisting of this and four (4) other typewritten pages, identified by the signature of the Testatrix, was on the day and date thereof signed, published and declared by MARGARET E. MOSER, the Testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in her presence and in the presence of each other, subscribed our names as witnesses hereto. ry ~, _.._ . l f, ~> -- ~ j~ 1---- tt J - -~ l l ~ , ~~ _ - ' T 1 Y - ~.~~ C _ --~-~ ,~ r ~- - 5 - ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN . I, MARGARET E. MOSER testatrix 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, that I signed it willingly, and ttlat I signed it as my free and voluntary act for the purposes therein expressed. -. ,~„ MargaYet E~. Moser Sworn or affirmed to and acknowledged before me, by MARGARET E. MOSER testatrix, this i' ,~~ ftl day of r _ tilJ~~<c{ r_ 19 90 , Not ry Public My Commissio,n._Expir.es.:~ ,_,,a,M,_ . 4 . _. ~ .~. ~ .__.. _ . _.9 ... `... AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN . ~~ j ~ ,,,/ `~ W e , ~,~ ! t ~ ~ t tt i Yl f'`.: CiUi "I ~ l~j ~ ,'. l? d !`(~ C ~~~~'~ (~ ~, . %~~=y~-1-t' the witnesses whose names are signed to the at ached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testatrix sign and execute the instrument as her last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testatrix signed the Will as witnesses; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~ - ~ ~~ ~, _ ti._.i'C ~ .. ~- c worn to and subscribed' before me this ~ z 7g day ~ o f hti L! ~ _. 19 9 0 - _ ~ ~~~ ~~ ~ t~ o a ` Pu tic y # ~ t _ t ;, .,~, r ~,r, .. .~ M Commis ~. ~ 1~- ~ it 1 d `r ~ L y • i' y { 2 ~" ~ ~2 ~ ¢ Y ' 1 ~ ~ ~ s ~:T` ~t 7;' r 'x~1 i:-> ~ t:'7~' i t ~.x3 ;S qb r S ,~. r ~" ,Fr ~ i ~ ~. ism #• < - 'Y'~ ° ,3' ' ' ~ ~' 4 ~1~~. . - } {~ ~ . . > ?~ ~;,', ~ _.,. - .~~ - ,~"" fJ ~ ~_ .. ~ ~ ~'~ v _ ,,; z ;tom. ~ ~ - ~~ ~ i ,~~ ,- r Exhibit "B" Cumberland County, Pennsylvania OATH OF NON-SUBSCRIBING WITNESS Robin D. Graber and Deborah K. Bittner (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that they are familiar with the signature of Margaret E. Moser , testat rix of (one of the codicil subscribing witnesses to) the presented herewith and that they believes the signature on the codicil v~ is in the handwriting of testatrix the best of their knowledge and belief. r: 9 A Sworn to or affirmed and sub- scr: bed before me this ~ day of Fnr the Register ~ / (Name) Robin D. Graber 21 Verna Court, Mount Joy PA 17552 Exhibit "C" /7 t7 TT !1 71 Deborah K. Bittner 3937 N. 6th Street, Harrisburg PA 17109 (Address) John M. Smith Thomas G. Klingensmith Kevin D. Dolan Jeffrey S. Shank Julie M. Cooper Henry F. Gingrich (1952-2001) 222 South Market Street Suite 201 P. O. Box 26i' Elizabethtown, PA 17022 Phone (717) 367-1370 Fax (717) 367-3219 45 East Orange Street Lancaster, PA 17602 Phone (717) 393-3684 Fax (717)393-0653 f Web Site WWW.GSKDLAW.COM E-mail gskd@gskdlaw.com ATTURNEYSAT LAW September 4, 2008 Richard C. Moser, Jr. 2114 Chestnut Street Camp Hill, PA 17011 Brandy K. Bittner 423 Four Seasons Drive Charlottesville, VA 22901 Robin D. Graber 21 Verna Court Mount Joy, PA 17552 Jeffrey A. Moser PSC 37 Box 3194 APO AE 09459 Deborah K. Bittner 3937 N. 6`'' Street Harrisburg, PA 17109 Jessica J. Hoffa P.O. Box 238 Warren, VT 05674 RE: Estate of Margaret E. Moser Dear Family of the Deceased: Auri B. Bittner 534 Bedford Court Mechanicsburg, PA 17050 Aaron Butner 505 A Park Road New Cumberland, PA 17070 Zachary K. Bittner 3937 N. 6~' Street Harrisburg, PA 17109 Russell E. Moser 13 Neponsit Lane Camp Hill, PA 17011 I have been asked by Russell Eugene Moser, Executor of the Estate of Margaret E. Moser, to represent the Estate throughout its administration. Exhibit "D"