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HomeMy WebLinkAbout10-02-08LAW OFF[CES B$UMBACH, M~NCUSO 8c FEGLEY, P. C. 50 NORTH FIFTH STREET P. O. BOX 8321 JACK G. MANCUSO READING, PExx$xlv2-NIA 19603-f3321 J. KITRIDGE FEGLEY SUITE 401-FOURTH FLOOR JOHN M. STOTT M 8 T BANK BUILDING GILBERT M. MANCUSO TELEPHONE (6l0) 376-7351 MARK J. MEROLLA TELECOP[ER (610) 376-~J409 • LL. M. TAXATION October 2 , 2 O O H AARON A. BRUMBACH CI~J18-2001) Register of Wills and C Clerk of Orphans' Court ;~^;:' ~~ a County of Cumberland , i-~~~ ~ 1 Courthouse Square ~- ~~ ~ r: , r; N n Carlisle, PA 17013 , _..., ~-~ C -~ ~~~ - ~_~-, .=-: Attn: Ms. Glenda Farner Strasbaugh ~ ~ _a , {:.~c -; ~ w ~:, RE: Estate of Richard Albright March, II D ~ a/k/a Chuck March, Deceased N ` Dear Ms. Strasbaugh: I respectfully note the undersigned to represent Mrs. Charlotte Ann March, surviving spouse and denoted Executrix of the Last Will and Testament of Richard Albright March, II. Kindly enter my appearance in and for the Executrix with respect to the Estate of Richard Albright March, II a/k/a Chuck March, Deceased. I respectfully enclose herewith the following documents: 1. An original and one (1) copy of Petition for Probate and Grant of Letters; 2. An original Last Will and Testament of Richard Albright March, II a/k/a Chuck March; 3. An original and one (1) copy of Form REV-346, PA Department of Revenue, Estate Information Sheet; 4. An original and one (1) copy of Certification of Notice Under Pa. O.C. Rule 5.6(a); Register of Wills and Clerk of Orphans' Court Attn: Ms. Glenda Farner Strasbaugh Page No.: 02 October 2, 2008 5. Certificate of Death; and 6. My check to cover costs of the within filing. Kindly provide the undersigned with time stamped copies of each of the above within referenced documents. If further information is necessary, please advise. n ~ © -- Regards , ~ ~ o ~ •, f" ~ rn ~~'1iYt'i'Y1~wp 3r ~ .-y Cry ~ N t_.~,, _ . GILBERT M. MANCUSO ~~ ~ _-_ ,~ --~ ca GMM : j a f ?'' ~ Enclosures N CC: Mrs. Charlotte Ann March, Exec. PETITION FOR PROBATE AND GRANT OF LETTERS FOR LITIGATION PURPOSES REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of RICHARD ALBRIGHT MARCH, II a/k/a CHUCK MARCH File Number ~I - O~ - ll~ ~~ also known as Deceased Social Security Number 167-38-2841 Petitioner(s), who is/are 18 yeazs 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 EXECUTRIX named in the last Will of the Decedent dated JULY 25, 2002 and codicil(s) dated N.A. (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: B. Grant of Letters of Administration (If applicable, enter.• c.t.a.; d.b.n.c.t.a.; pendente titer durante absentia; durante minoritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and 1Reirs: (If Administration, c.t.a. or d. b.n.c. t.a., enter date of Will in Section A above and complete list of heirs.) n ~ C~ ~ ~',', Name Relationshi -~- - Residenc~ ~ C'7 c~ r~ _.~ tV ~~ -• _~ _.? C7 c __ 3 _~ (COMPLETE INALL CASES:) Attach additional sheets if necessary. `~ ~ w - ~ , Decedent was domiciled at death in CUMBERLAND County Pennsylvania with his /her last principal resid=ence at _ ~~ 1006 CHIPPENHAM ROAD MECHANICSBURG HAMPDEN TOWNSHIP PENNSYLVANIA 17050 (List street address, town~city, township, county, state, zip code) Decedent, then 56 years of age, died on MAY 1, 2008 at HARRISBURG HOSPITAL 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 $ 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: % ~j~ - CHARLOTTE ANN MARCH Form RW-02 rev. 10.13.06 ANN MARCH 1006 CHIPPENHAM ROAD MECHANICSBURG, PA 17050 and Page 1 of 2 LAST WILL OF RICHARD ALBRIGHT MARCH II I, Richard Albright March II, a/k/a Chuck March, presently residing and domiciled at 1006 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania, being of sound mind and disposing memory and not under the restraint or under the influence of any person, do make, publish and declare this to be my Last Will and Testament, hereby revoking all former wills and codicils executed by me. Item I: Payment of Debts and Exuenses 1.1. I hereby direct that all my just debts, including unpaid charitable pledges whether or not the same are legally enforceable obligations of my estate, the expenses of my last illness, funeral and the burial or other dispositions of my ashes, and the cost of a suitable marker at my grave, and the taxes or other expenses in connection with the probate of this Will and administering my estate, shall be paid by my Executrix, hereinafter named, from my residuary estate as part of the expense of administration of my estate. 1.2. I direct that this provision for the payment of my debts and expenses is not intended to relieve any specific devisee(s) or specific legatee(s) from the payment of any mortgage or other indebtedness specifically applicable to the property made the subject of that specific bequest and I direct that such specific devisee(s) or specific legatee(s) takes the devise or bequest subject to such mortgage or other indebtedness. In the event that such devisee(s) or specific legatee(s) determine that a sale of the property is more appropriate, I direct that any mortgage or other indebtedness specifically applicable to the N property made the subject of that specific request be paid out of the roce ~' p elf the s'~e of such property. ,` ' ~ ~ ~~ ~ .~.. t.~ ~; N _. , ._^ 4~ ~ ~ ' --i D Ca _ `,- -' C11 N Item II: Executrix 2.1. I hereby nominate and appoint Charlotte Ann March as the Executrix of my estate. In the case of her death, either before or after mine, or if she should resign or be disqualified or unable to act or be removed as Executrix, then, and in such event, I nominate and appoint Gregory Cunningham of Durham, North Carolina as Executor and confer upon him in such capacity all of the rights, privileges, and powers which I have given to my wife as Executrix. 2.2. I direct that any executor, trustee or guardian appointed hereunder and their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. 2.3. Any individual fiduciary serving hereunder who is related to me by blood or marriage shall not receive compensation for his or her services, but shall be entitled to be reimbursed for all expenses incurred as a result of so serving. ITEM III: Specific Bequests 3.1 I give to my son Richard Albright March III my coin collection, regardless of age. ITEM IV: Residue and Minors Trust I give, devise and bequeath the residue of my estate to my wife Charlotte Ann March, provided she survives me by thirty (30) days; and if not, to my Trustee, IN TRUST, to hold and distribute the principle and to pay the net income to my children Richard Albright March III and Margaret Veronica March, as follows: 2 4.1. Until a child of mine reaches the age of twenty-one (21) the Trustee shall distribute, in his or her sole discretion, amounts of income and principal among my children, in such manner that together with other benefits and income available to them they will be able to maintain a comfortable standard of living and to meet the liberal requirements of their support, health, education, and general welfare. Distribution of benefits from the Trust fund may be unequal in amount and at varying times so far as any one beneficiary is concerned. 4.2. In making distributions of income and principal, the Trustee shall place a special interest upon a beneficiary who is in the process of acquiring an education. An additional emphasis shall be directed to a beneficiary who has suffered a disabling injury or illness. In essence, it is my desire that the Trustee so apply the benefits of the Trust fund for the welfare of the beneficiaries as a prudent and careful parent would so provide. 4.3. Upon the first of my children attaining the age of twenty-one (21), I direct my Trustee to divide the assets of the Trust into shares, one for each of my children, to hold each such share as a separate trust and to distribute the income and principal as set forth below. 4.4. When a child for who a separate trust is created attains the age of twenty- one (21), and thereafter the Trustee shall: 4.4.1. Pay the net income at least quarterly to the child; and 4.4.2. Distribute to the child, one quarter (1/4) of the principal balance at age 21 and the remainder of his or her share at age 25. 3 4.5. If a beneficiary hereunder shall have attained the age of 25 at the time of the establishment of the aforementioned Trust fund, the Trustee shall then distribute to the beneficiary the totality of the trust fund to which he or she is entitled. 4.6. If the share of a beneficiary, in the opinion of the Trustee, is too small to warrant the continuation of the Trust, the Trustee may pay such share absolutely to the beneficiary or may deposit it in a savings account in the beneficiary's name, subject to withdrawal by the beneficiary. 4.7. If any beneficiary should die before attaining the age of 25 and/or the distribution to him or her the full amount of his or her Trust fund, the balance of the fund shall be distributed to his or her then living issue, both born and adopted, per stirpes, and if none, to my issue then living per stirpes. Should there be a fund already established for the substituted beneficiary the amount shall be added to his or her Trust fund. 4.8. All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of the beneficiaries and shall not subject to any writ of attachment or execution. ITEM V: Administrative Powers: My personal representatives, trustees, and guardian of my minor children, shall have the following powers in addition to those vested in them by law and by other provisions of my Will, applicable to all property, including property held for minors, whether principal or income, exercisable without court approval, and effective until actual distribution of all property. 5.1 To retain any or all of the assets of my estate, real or personal, without regard to any principle of diversification, risk or productivity. It is my desire that if at all practical, at least one of the real estate parcels and dwellings owned by me in North Carolina be preserved for the enjoyment of my children. 4 5.2 To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification, risk, or productivity. 5.3 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, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. 5.4. To allocate receipts and expenses to principal or income or partly to each as they deem proper at their sole discretion. 5.5. To borrow money from any person or institution, including any executor or Trustee and to mortgage or pledge any or all real or personal property as my executors and trustees in their sole discretion shall choose. 5.6 To compromise any claim or controversy. 5.7. To exercise any option, right or privilege granted in insurance policies or in other investments. 5.8. To repair, alter or improve any real or personal property. 5.9. To distribute in cash or in kind or partly in each at valuation fixed by the Trustee. 5.10. To purchase investments at premiums and to charge premiums to income or principal or partly to each. 5 5.11 To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure, or voting trust and to deposit securities thereunder; and to generally exercise all the rights of security holders or employees of any corporation. 5.12. To register securities in the name of a nominee or in such manner that title shall pass by delivery. 5.13. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity, or other change in the absence of information deemed reliable, without liability for disbursements made on such assumptions. 5.14. To add to the principal of any trust created by this instrument any real or personal property received from any person by Deed, Will or in any other manner. 5.15. To exercise all power, authority and discretion given by this instrument after the termination of any trust created herein until the same is fully distributed. 5.16. To employ attorneys, accountants, engineers and such other persons, professional or otherwise, as may be necessary for the proper administration of this estate and to pay their compensation from such funds. 5.17. To act in any jurisdiction in which my Executor may be permitted by law to do so and to designate another person (including a bank or trust company) to be ancillary Executor in any jurisdiction in which ancillary administration may be necessary, and I hereby nominate and appoint the ancillary Executor so designated. I grant to my ancillary Executor, with respect to any and all property subject to administration by such fiduciary, all the rights, powers, privileges, discretions and exemptions granted to my 6 Executor under this paragraph and all other provisions of this Will; provided that any decision of the ancillary Executor which may require the investment of additional funds or the assumption of additional obligations by my estate shall be subject to the approval and consent of the Executrix appointed under paragraph 2.1 hereof. I direct that no ancillary Executor shall be required to post bond or enter security in any jurisdiction. Item VI: Guardian/Trustee Appointments 6.1. If at my death I have any child or children under the age of eighteen (18) and I am the surviving parent, I appoint my sister-in-law Audrey M. Jones currently of Ashtabula, Ohio as the guardian of the person of the minor child or children. 6.2. I appoint my sister-in-law, Audrey M. Jones currently of Ashtabula, Ohio as the Trustee of any Trust created by this Will. Item VII: Power of Appointment 7.1. I decline to exercise any power of appointment given to my under any Will, Codicil or Agreement of Trust. Item VIII: Spendthrift Provision 8.1. Until distributed, no gift or beneficial interest shall be subject to anticipation or to voluntary or involuntary alienation. 7 Item lX: Miscellaneous 9.1. The words "Executrix," "Trustee," and "Guardian" when used in this Will shall include all genders and the singular and plural as the context may require. 9.2. The word "descendants" or "issue' when used in this Will shall include adopted persons and their descendants or issue. 9.3. The words "incapacitated" and "incapacity" when used in this Will shall refer to an inability to use funds by reason of age or illness, mental or physical. 9.4. When a "per stirpes" distribution of income or principal to a designated individual's descendants is provided for under this Will, such income or principal shall be divided into as many equal shares as there are then living children of such individual and then deceased children represented by descendants then living, and each then living child shall receive one share, and the share of each deceased child shall be divided among his or her descendants in the same manner, repeating this pattern with respect to succeeding generations until all shares are determined. 9.5. Paragraph headings in this Will are for reference only and shall not affect the meaning, construction or effect of this Will. 8 We, Richard Albright March II, J~,4~i D C, zE rT ,and n~ P~ ~L'~f the Testator and the Witnesses whose names are signed to the foregoing instrument, being first duly sworn and qualified according to law do hereby declare to the undersigned authority that we were present and saw the testator sign and executed this Will as his free and voluntary act for the purposes herein expressed, and that such 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 the time eighteen years of age or older, of sound mind and under no constraint or undue influence; and I, the said testator, do hereby acknowledge that I signed and executed the instrument as my Last Will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. Richard Albright March II, Testa ~~ C' . Witness Witness Address: ~~,% ~~~ y°~k R°.~ A~ ~ ~-*~ 75-~-~ ~5. Witness Witness Address: Sworn and subscribed to before me This;?sday of Sht,Y, 2002. Notary Public My Commission Expires: SteveFS J. Pr, ~ry p~ East PennsboroT~p , per, MY Commission Expires Apr. 9, 20i0~5 Member, Pennsytvania