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HomeMy WebLinkAbout10-20-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Albert S. Haffly, Jr. also known as COUNTY, PENNSYLVANIA File Number ~( ~'~/ ~~ l V ~~ Deceased Social Security Number Petitioner(s), who is/are I S 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 Sandra N. Yetter ~ n to the last Will of the Decedent dated August 7, 2007 and codicil(s) dated None ~ = C~ `~ Q -_ _ _ - - _.3 _ ~ _'+:7 (State relevant circumstances, e.g., renunciation, death of executor, etc.) _ ~:i j ~ - Exce t as follows, Decedent did not ma ~ ' -- p rry, was not divorced, and did not have a child born or adopted after execution of t)ti~tment(,S 7offereYl _ for probate, was not the victim of a killing and was never adjudicated an incapacitated person: He marred Sandra N. Yetter~ September 22, 2QQ7. _" '~ ~~+_ r, © B. Grant of Letters of Administration (Ijapplicable, enter.• c. t. a.;d.b.n.c.t.n.; pendentelite; duranteabsentia; duranteminoritate) W 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. b. n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (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 1479 Maplewood Drive. New Cumberland. Cumberland County Pennsylvania 17070 (List street address, town/c~ry, township, county, state, zip code) Decedent, then 77 years of age, died on October 10, 2008 at Holy Spirit 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: None $ 10,000.00 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: or printed name and residence Sandra N. Yetter, 1479 Maplewood Drive, New Cumberland, PA 17070 Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 lrnowledge 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. Swom to or affirmed and subscribed me the fYU da((y// I~~~~ ~r r the Signature of Persona! Representative // Signature of Personal Representative Signature of Personal Representative tv n ° c~ © czy _..-, O - , ..,~ C~ „ l°i N -- File Number: - _ _ p . Estate of Albert S. Haffly, Jr. ,Dec ' ` ~ ~ c -) --~ lV - Social Security N ber: 61-28-8396 Date of Death: l0/5/2008 ~ ,. ~ - `~'~ -~.- AND NOW, ~ U~-O , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Sandra N. Yetter in the above estate and that the instrument(s) dated August 7, 2007 described in the Petition be admitted to probate and filed of record a~,~he last Will i(and Codicil(,eLltof Decedent. / FEES Letters ............... $ 45.00 Short Certificate(s) .. $ 6 ... $ 24.00 Renunciation(s) 5 . .. $ Bond $ ~ ~ Extra Pages $ Attorney Signature: Attorney Name: Supreme Court I.D. No.: 76057 ITR ... $ JCP , , , $ 10.00 Address: Inventory $ Automation $ 5.00 ... $ ' ' ' $ Telephone: ... $ TOTAL .............. $ .00 / ~. C7 Form RW-01 rev. 10./3.06 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Page 2 of 2 e r , ~' ~. O ~. N ~ ~ 1IF~9 ~ r Q ®Jl r 'i ~ C~ -, ' ~~~~~~ ~a ~~~~~~9 ~~v ~` n _.J f~ l.` = ~ __ ~ _J%. -~ ---i N I, ALBERT S. HAFFLY, JR. having my legal residence at 73 Regency Woods ~lbrth, Carlisle, Cumberland County, Commonwealth of Pennsylvania, do hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. I declare that I am widowed and not presently married however I am planning to marry my friend, SANDRA N. YETTER, on or about September 22, 2007. I further declare that I have no children born to me. ITEM ONE: I direct that all my valid debts and the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM TWO: I give all the residue of my estate, of whatsoever nature and wheresoever situate, to my friend and soon to be wife, SANDRA N. YETTER. In the event SANDRA N. YETTER fails to so survive me, I give all the residue of my estate to the issue of SANDRA N. YETTER, in equal shares, per stirpes. ITEM THREE: Should any beneficiary of mine be under the age of twenty-five (25) years, my Personal Representative shall hold such beneficiary's share of my estate, as Trustee, IN TRUST and shall invest, reinvest and distribute the principal and net income of such beneficiary's share as follows: A. Until such beneficiary attains the age of twenty-five (25) years, my Trustee, in my Trustee's sole but reasonable discretion, may pay or apply the income and any or all of the principal of such beneficiary's share for the health, maintenance, support and 381038-1 1 education of such beneficiary considering all other sources of income available to such beneficiary and known to my Trustee. Upon such beneficiary attaining the age of twenty-five (25) years, my Trustee shall distribute the balance of the principal and accumulated income, if any, of each such beneficiary's share to such beneficiary. B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or become too small to warrant placing or continuing of such fund in trust or should its administration be or become impractical for any other reason, my Trustee, in the exercise of their sole discretion, may pay such share absolutely to the person maintain- ing such beneficiary or may place such shares in the beneficiary's name in an interest- bearing deposit in any bank, bank and trust company or national banking association of his choosing, payable to the beneficiary at majority, or if said beneficiary has reached his or her majority, then to him or her directly. C. All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation of my beneficiary(s), and shall not be subject to any execution or attachment. ITEM FOUR: I appoint my fi-iend and soon to be wife, SANDRA N. YETTER, Personal Representative of this my Will. In the event SANDRA N. YETTER is unable or unwilling to act or continue to act as my Personal Representative, Iappoint my stepson, MAURICE NESTOR, presently of Mechanicsburg, Pennsylvania, my Personal Representative. ITEM FIVE: No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. ITEM SIX: I authorize my Personal Representative and Trustee to exercise the following powers in addition to those given by law, to be exercised in their sole discretion: A. To retain any or all of the assets of my estate, without regard to any principle of diversification, risk or productivity; 381038-1 2 B. To invest in all forms of property without restriction to investments authorized for any type of fiduciary; C. To compromise any claim or controversy; D. To loan money to or buy property from my estate; E. To borrow money from any person, including any Executor or Trustee, and to mortgage or pledge any real or personal property; 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, exchanges or leases, all for such prices and upon such terms and conditions as they deem proper; G. To allocate receipts and expenses to principal or income or partly to each as they deem proper; H. To repair, alter or improve any real or personal property; I. To distribute in cash or in kind or partly in each at valuations fixed by them; J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the protection of the principal; K. 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; L. To register securities in the name of a nominee or in such manner that title shall pass by delivery; M. 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; N. 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; O. To use their sole discretion in deciding whether stock dividends on stock they hold in trust should be apportioned to principal or income, except stock dividends of regulated investment companies which shall be added to principal; P. To commingle the assets of any host estate created by this Will in any one or more common funds for greater convenience and flexibility; Q. To employ agents, accountants, engineers and such other persons, professional or otherwise, as may be necessary for the proper administration of this estate or trust and to pay their compensation from such funds; and R. To disclaim all or any interest in a property passing to me or my estate. ITEM SEVEN: I realize that Personal Representatives are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing 381038-1 3 joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. ITEM EIGHT: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this my Last Will and Testament or otherwise, shall at any time be required to contribute to or refund any part thereof; PROVIDED, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation- skipping transfer taxes. ITEM NINE: If any beneficiary, person or entity in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries, without probable cause, such beneficiary, person or entity shall pay all costs, including but not limited to attorneys fees, arising in connection with such contest, attack or objection incurred by my estate, such trust or such fiduciary personally. In the event that such beneficiary, person or entity does not prevail in such action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary, person, entity or remainderman under this Will shall be revoked and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting person or entity had predeceased be without surviving issue. 381038-1 4 ITEM TEN: Should any of the provisions of my Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions shall be wholly disregarded in interpreting this Will. ITEM ELEVEN: This Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have at Harrisburg, Pennsylvania, August 7, 2007, set my hand and seal to this my Last Will and Testament consisting of five (5) pages plus any witness, affidavit and certification pages. r °~SEAL ALBERT S. HAFFLY, J . SIGNED, SEALED, PUBLISHED AND DECLARED BY ALBERT S. HAFFLY, JR., the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. fitness Address '~~sB U,~ Address 381038-1 5 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, ALBERT S. HAFFLY, JR., ~ , and Ro4~~ P t2V ~ he Tes for 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 Testator signed and executed the instrument as his Last Will and Testament that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness 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 constraints or undue influence. ~~~ ~ ~f~~~~ ~ , BERT S. HAFFL R. WI SS Subscribed, sworn to and acknowledged Testator and the witnesses, on August 7, 2007. T S. HAFFLY, JR., the Notary Public or P Attorney COMMONWEALTH OF PENNSYLYANIA NOTARIAL SEAL CAROL A. LYTER, Notary Public City of Harrisburg, Dauphin County My Commission Expires Dec. 28, 2008 381038-1 ~~~~~~ ~v ~~~~~~9 ~~o This informal letter of instruction to my family and Personal Representative serves to convey my personal wishes concerning distribution of selected personal effects. In any situation where the provisions of this letter maybe deemed to be inconsistent with or contrary to the terms of my Will, or other formal Estate Planning Documents, it is my desire and intent that the provisions of my Will and other formal Estate Planning instruments shall govern and be controlling since I do not intend that this letter shall serve in any respect as a Will nor shall the terms of this letter override the provisions of a Will or a Trust executed by me whether it was signed prior or subsequent to the date of this letter. Distribution of Personal Property Description of Property Beneficiary 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 381038-1 1 Description of Property 13. 13. 14. 14. 15. 15. 16. 16. 17. 17. 18. 18. 19. 19. 20. 20. 21. 21. 22. 22. 23. 23. 24. 24. 25. 25. Beneficiary Other Directions To My Family: 381038-1 2