HomeMy WebLinkAbout11-25-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF ~~ ~:~, h ~ ?~ l4 ~ ~ COUNTY, PENNSYLVANIA
Estate of d'~!t ~~~~ Gam. ~ t S File Number ~ ~ G ~-> i ~ ~ .:~
also known as
Deceased Social Security Number / S Y - y,~ - ~ ` _l s~
Petitioner(s), who is/are ] 8 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
A. Probate and Grant of Letters Testame ary and aver that Petitioner(s) is /are the _ ~sl ~' ~ -v~ ~- named in the
last Will of the Decedent dated L 5 and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death ojexecutor, 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
(lf applicable, enter: c.t.a.; d. b. n. c. t.a.,' pendente life; durante absentia; durante minorrtate)
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 N'ill in SectionA above and complete list ofheirsJ .,.
(List street address, town/city, toxnship. county, state, =ip code)
Decedent, then ~ years of age, died on at
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: /~/ //l,~' ~ 7` L-r.Y~, . _,, l ; ..~>/,v 1G:!-,.~ /~ ~.. /„ , , ._ ,
~r r
n
~L l.- ~ ~/V. n
$ y~%V_ di~L:`
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
Form RW-02 rev. 10.13.06 P2ge I Of' 2
RW-02
=. -`"~.
(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ~ _;-~~ ~ ~ _
~i
Decedent was domiciled at death in ~ ~ ~ - County, P~ns ]vania with his /her last principal residence i~
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
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.
r
Sworn to or affirmed and subscribed
~ Signatur of Personal Representative 7 ~ -
before me the t~~ day of `=
~__ rv
{'Yl ~ (~ ~ Signature of Personal Representative t~ - -
%vC Gi
thelcegiste ~ Signature of Personal Representative ''"{ N '
;: N
N
File Number:
r, ~,
Estate of C~,r~1P ICt~ h" L ~ :~-~~ ,Deceased
Social Security Number: ~ c~ ~' 4 G ~~ SI `~ Date of Beath: ~~ ~~ c`~ ~"~-
~a
AND NOW, ~. 5 Ida ~~`~ ~' ~``~ `~ ~-~Yk-~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters ~ ~J ~"~ti ~c'~l\~~'~ I
are hereby granted to ~I ~ .: ~n ~4 :~ _ ~ Sx.. ~~~
in the above estate
and that the instrument(s) dated ~C' ~ rLtic~-+~ 2-`~ ~- c x~b
described in the Petition be admitted to probate and filed of rec trd as the last Will (and Codicil s)) of Decedent.
_...~
.~-l~h -~ _ " ~ ~ ~' ~.. ' x 4 ~+.: y. .rte l ~)
FEES ~
1 ~l~ liZ~.~~~ Register of Wills ~'~`
Letters ...... ~ .... c ... $ ~ ~ Ca ~ i~ -
Short Certificate(s) ...7.... $ 2~~ Attorney Signature: `~ ~~ _ '~~~_
Renunciation(s) .......... $ /i 1
~~.j ; $ I ~ Attorney Name: (~~,~~~~ of .,~ L-- : ,~
~-1~ ... $ IU Supreme Court LD. No.: ;7 % ~ `~
$ Address: / ~ 5~ ~~' ~~ ~-~
... $ /~ac ,~~r- t 51,E y ~~`-~ ~ ~r~ V ~ 7/ ~/
... $
... $
• • • $ Telephone: ~`~~~ - Z 3 ~ - ~ Z- `~
... $
TOTAL .............. $ SS~L~ 0.00
Form RW-02 rev. 10.13.06 Page 2 Of 2
RW-02
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D,tpns,nnn Perm:l Nq U d ~~ S U 70
LAST WILL AND TESTAMENT
OF
PAMELA F. EISEN
I, Pamela F. Eisen, of Wormleysburg, Pennsylvania, declare
this to be my Last Will and Testament hereby revoking all prior
Wills and Codicils.
ARTICLES
I. I am a widow and have three children who are now living, whose
names and ages are:
c- ~ ";~
Name : Age : -<~ =~~ _
.:~
-~ ~~ - - >
Jeremy Eisen 35 ',.~~ ,,+
- _ ~~ ~ -
Benjamin Eisen 32 -
~, ~ -n
`~ _
_ _ 1
Gabriella Eisen 27 ..-'~~~ ''`:' ~,
f.,~ ...,
I have no deceased children. All references in this Will to
"my children," unless otherwise stated, include, ONLY Jeremy Eisen
and Benjamin Eisen. My daughter, Gabriella Eisen, is financially
provided for through a Special Needs Trust administered by
Ameriserv Trust and Financial Services, and for that reason, she is
not included as a beneficiary of my will.
Description of Expenses and Debts
II. I authorize my executor to pay all the
funeral or memorial service; (2) the cremation
(3) the inscription of a suitable marker at
further direct my executor to pay all of my deb
in his or her sole discretion may allow as
estate.
expenses of (1) a
of my remains, and
the gravesite. I
is that my executor
claims against my
Disposition of Personal Property
:III. I give my son, Jeremy Eisen, my sterling silver service and
any car that I may own at the time of my death. Before my death,
I made a gift to my son Benjamin Eisen of funds to purchase a car.
I give my son, Benjamin Eisen, the Steinway baby grand piano. The
estate shall pay any shipping and storage costs for the piano.
Other personal property shall be distributed in accordance with a
list to be delivered to my son Jeremy. I give to my sons who
survive me, in substantially equal shares, all of the remainder of
my jewelry, clothing, furniture and furnishings, pictures, works of
art, books, and other tangible articles of a personal nature, not
otherwise specifically disposed of by this Will and not including
intangible property such as cash or securities, together with any
insurance thereon. In the event of a dispute regarding the
distribution of any personal property, my Executor shall have the
final authority to determine the distribution of any personal
- 2 -
property, which decision shall be binding.
IV. As part of the legal proceeding involving Community Trust
Company and the repayment of funds to the Gabriella Eisen Special
Needs Trust, on February 1, 2008, the Orphans' Court of Dauphin
County ordered that $25,000.00 of my personal funds be segregated
for use by the Trustee, currently Ameriserv Trust and Financial
Services, in the event the trust funds are exhausted or these funds
are required to pay a lien on the Special Needs Trust from the
Pennsylvania Department of Welfare. I give this $25,000.00 to my
son, Jeremy Eisen, to hold pursuant to the said Court Order. In
the event Jeremy Eisen is unable to hold these funds, I direct my
attorney, William L. Adler, to do so in compliance with the Court
Order.
V. The remainder of my property shall be divided into two equal
shares. I give one share to my son, Jeremy Eisen, outright. I
give the other share to my Trustee, IN TRUST, for the uses and
purposes for the benefit of my son, Benjamin Eisen, set forth in
the subparagraphs of this Article V. In the event Jeremy Eisen
predeceases me, I give his share to my son, Benjamin Eisen, IN
TRUST. In the event Benjamin Eisen predeceases me, I give his
share to my son, Jeremy Eisen.
- 3 -
A. My Trustee shall distribute all income generated by the
trust assets to Benjamin Eisen monthly. Income shall include
interest and dividends, but not capital gains from sales.
B. My Trustee shall pay all educational expenses, medical
expenses, health insurance costs, therapy and rehabilitation
costs, and any other health care related costs not covered by
insurance and taking into consideration Benjamin Eisen's other
available assets. It is my intention that distributions under
this paragraph B be made liberally so that if Benjamin would need
anything to help him recover from an illness or medical problem,
it should be provided for under this paragraph.
C. In addition to other distributions authorized by this
trust, my Trustee may contribute to the cost of a primary
residence for Benjamin in an amount not greater than $100,000.00,
for a car in an amount not greater than $30,000.00 and for a
wedding in an amount not greater than $20,000.00. These costs
may not be paid more than once for each item.
D. In any one calendar year, my Trustee may, in his sole
discretion, distribute 50 of the principal balance existing in
this Trust at the end of the year prior to the year of the
distribution. This 5o shall increase to each year beginning on
January 1 of the year following my death.
E. Since Benjy is an artistic independent contractor with
- 4 -
more of a focus on his art than his finances, I want to give him
the freedom to create, and not worry about money. I would like
Benjy to work closely with Jeremy in arranging Benjy's finances.
When Benjy becomes a great success, these Trust assets will be
supplemental income, and may help with his retirement.
G. The judgment of the trustee as to the amount of payments
or applications of principal or income pursuant to this Article
V shall be final and conclusive on all persons interested, or who
may become interested, in the trust estate. On making any
payments or applications of income or principal, the trustee
shall be fully released and discharged from all further liability
or accountability.
H. Property from other sources may be added to this Trust
with the written approval of Trustee.
I. No beneficiary of this trust shall have any right or
power to sell, assign, convey, mortgage, pledge, anticipate,
hypothecate, or otherwise dispose of any right, title, or
interest that the beneficiary may acquire in the income or
principal of the trust estate until the income or principal has
actually been paid over to the beneficiary by the trustee. Nor
shall the income or principal of the trust estate, or any part of
it, or any interest of any beneficiary under this Will be liable
for, or to any extent subject to, any debts of any kind or nature
- 5 -
incurred or contracted by any beneficiary, either before or after
my death. Any right granted to a beneficiary to receive assets
of the trust estate, either principal or income for the
beneficiary's own use and benefit shall not be available for the
satisfaction of any claims of the creditors of the beneficiary.
Any right of receipt shall be suspended and may not be exercised
by any beneficiary on the filing of a proceeding in bankruptcy in
which the beneficiary is debtor. The suspension shall be
continued during bankruptcy proceedings and shall be restored
only after the entry of a final order of discharge of the
beneficiary as debtor.
J. I appoint my son, Jeremy Eisen, who resides at 14 West
Lawn Circle, Wormleysburg, PA, to be Trustee of any trust created
under this will. If Jeremy Eisen does not survive me, is
otherwise unable or unwilling to serve as trustee, or ceases to
serve as trustee after having been appointed, I appoint my
attorney, William L. Adler, of Harrisburg, PA, as sole trustee.
In the event both Jeremy Eisen and William L. Adler are unable or
unwilling to serve as Trustee, I appoint Fulton Financial
Advisors, N.A., of Harrisburg, PA, as sole trustee. The trustee
shall have the powers set forth in Article VI of this Will.
K. Any individual trustee may resign from the position of
trustee by executing a written resignation and delivering it to
- 6 -
the successor trustee. The date of the delivery of the
resignation shall be the effective date of the resignation. No
court action or other proceeding shall be necessary for the
resignation of an individual trustee. Every title, estate,
right, power, and discretion conferred on the initial trustee
under this Will is likewise conferred on any successor trustee.
L. No bond shall be required of any trustee or successor
trustee named in this Will.
VI. In addition to powers vested in them by law, my Executor and
Trustee and their successors and assigns shall have the following
powers, applicable to all property held by them, including all
property held for minors, effective without the order of any
court and until actual distribution of all such property:
A. To retain any or all of the Trust property in the form
of investment in which received including shares of
corporate trustee's own stock and stock in any corporation
controlling, controlled by, or under common control with the
corporate trustee.
B. To invest and reinvest the Trust property, in investments
of any kind, real or personal, including, without
limitation, stocks, bonds, notes, mortgages, lands,
minerals, royalties, leaseholds, participations in
partnerships, joint ventures, and other business
enterprises. This shall include any common trust fund or
money market deposit account operated or offered by any
corporate fiduciary or any corporation controlling,
affiliated with, or having a substantial interest in, any
corporate fiduciary, without restriction to investments
authorized by law and without regard to any principal of
- 7 -
investment diversification.
C. To construct, add to, repair, or demolish (in whole or
in part) any improvement upon any Trust property.
D. To participate in any reorganization, consolidation,
merger, or dissolution of any corporation, the stocks,
bonds, or other securities of which may be allocated or
distributed to the Trustee by reason of participation in any
reorganization, consolidation, merger, or dissolution.
E. To make or hold investments of any part of the Trust
property in common or undivided interests with other
persons, corporations, or trusts.
F. To demand, receive, receipt for, sue for, and collect any
and all rights, money, properties, or claims to which this
Trust may be entitled, and to compromise, settle, arbitrate,
or abandon any claim or demand in favor of or against this
Trust.
G. To borrow funds for this Trust in the amounts and for the
purposes as to the Trustee shall deem for the best interest
of this Trust and the beneficiaries, and to purchase
property on the credit of this Trust, and to execute and
deliver promissory notes or other evidences of indebtedness
of this Trust and to mortgage, create a security interest
in, or pledge all or any part of the property in this Trust
to secure payment of the indebtedness, and to repay the
indebtedness out of this Trust.
H. To employ agents, legal counsel, brokers, and assistants
and to pay their fees and expenses, as the Trustee may deem
necessary or advisable to carry out the provisions of this
Trust.
I. To vote in person or by proxy any shares of stock which
may form part of this Trust.
J. To allocate and apportion receipts and expenses as
between income and principal as set forth herein and as the
Trustee otherwise deems most advantageous to the
beneficiaries hereunder.
K. Generally, and without limitation by any specific
- 8 -
enumeration, to manage, control, operate, convert,
reconvert, invest, reinvest, sell, exchange, lease,
mortgage, create a security interest in, pledge, pool,
unitize, or otherwise encumber and deal with the property of
this Trust, for and in behalf of this Trust and the
beneficiaries, as any individual would have in respect of
his own property and funds.
L. Limitations of powers. No powers enumerated or accorded
to Trustee generally by law shall be construed to enable the
Trustee or any other person to purchase, exchange, or
otherwise deal with or dispose of the principal or income of
this Trust for less than an adequate consideration in money
or money's worth, or to enable one as Trustee to borrow the
principal or income of this Trust, directly or indirectly,
without adequate interest or security. No person, other
than the Trustee, shall have or exercise the power to vote
or direct the voting of any corporate shares or other
securities of this Trust, to control the investment of this
Trust either by directing investments or reinvestments or by
vetoing proposed investments or reinvestments, or to
reacquire or exchange any property of this Trust by
substituting other property of an equivalent value.
Guardian of the Person and Estate
VII. I appoint my sister, Estee Summers, of 145 Monticello
Avenue, Annapolis, Maryland 12140, guardian of the person for
Gabriella Eisen. In the event Estee Summers is unable or
unwilling to serve as Guardian of the Person of my minor
children, I appoint my sister, Janice Brody, of 407 Plum Falls
Court, Houston, Texas 77062 as sole guardian of the person. In
the event I am able to appoint a guardian of the estate for
Gabriella Eisen, I appoint my son, Jeremy Eisen as guardian of
her estate.
- 9 -
Payment of Taxes
VIII. All taxes and interest and penalties thereon payable by
reason of my death with respect to property comprising my gross
taxable estate, whether or not passing under this Will, shall be
paid from the principal of my residuary estate.
Definition of Survive
IX. For the purposes of this Will, in determining whether a
person has survived me or survived another person, the person
shall not be deemed to have survived if he or she dies within
thirty (30) days of my death or of the death of the other person.
Appointment of Executor
X. I appoint my son, Jeremy Eisen, as Executor of this, my Last
Will and Testament. If Jeremy Eisen is unable or unwilling to
act or continue as Executor for any reason whatsoever, I appoint
my attorney, William L. Adler, of Harrisburg, PA, successor
Executor. No fiduciary acting hereunder shall be required to
post bond or enter security in any jurisdiction.
IN WITNESS WHEREOF, I, Pamela F. Eisen, hereunto set my hand
- 10 -
and seal this Z ~ day of ~~v~~k-r 2008, to
this my Last Will and Testament which consists of 12 typewritten
pages.
Pamela F. Eisen
SIGNED, SEALED, PUBLISHED AND DECLARED, by Pamela F. Eisen,
the Testatrix above named, as and for her Last Will and
Testament, and in the presence of us, who, at her request, in her
presence and in the presence of each other have subscribed our
names as witnesses.
~~~
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v ./ H r~.~
Witn s
~~
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Witness
COMMONWEA LTH OF PENNSYLVANIA
~ ~~n s s .
-~
COUNTY OF ~~R~~B )
~~ ; ~> h ~.r-1, ~~~
Add~rje s s , ~~ "
Address
I, Pamela F. Eisen, 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 this 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 contained.
_~
;~' _ ~ ~ ~ ~ ~1 7
~l~y~C ~ c~.1 " ~-
Pamela F. Eisen
Sworn or affirmed to and acknowledged before me by Pamela F.
Eisen, the Testatrix, this z `? day of ~.,~>~-c.~u
2008.
N ry ublic
- 11 - COMA_AONINEAL7}"{ OF PENNSYLYAN(A
Nt~TARlAL SEAL
JODY GOLDRfNC, Notary Fubiic
Ci!y of Narrisbu;p Dauphin CGUn*j/
My Commission Expires ~Jov. n~ ~;~q
COMMONWEALTH OF PENNSYLVANIA
ss..
COUNTY OF CUMBERLAND )
WE, ~f ,jj«~~ L .~~~~ and ~ ,
the witnesses whose names are signed to the at ched or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testatrix sign and execute
the instrument as her Last Wi11; that the Testatrix 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 Eighteen or more years of age, of sound mind and under no
constraint or undue influence.
.~' ~
Witness
Witness
Sworn or affirmed to and subscribed before me by
~'~ ~~~aa-~. L . .~y~>l ~` and ~'~~ ~~t/ ~ i ,~C,ti.~~~
~ ,
witnesses, this -' S day of ~~ >~~---L~~,..~-c~
2008. ,
t No ary Public
COMMUNYJEALTN OF PENNSYLVANIA
NOTARIAL SEAL
.JO!)Y GOLCRlNG, Notary Public
Cihi of tiarrisburq Daurh4n County
rG1y i;rmmission Expires 'r~or. 03, 2U09
- 12 -
ADLER &ADLER
ATTORNEYS AT LAW
125 LOCUST STREET
P.O. BOX 11933
HARRISBURG, PENNSYLVANIA 17108-1933
TELEPHONE
(717) 234-3289
FAX (717) 234-1670
WILLIAM L. ADLER OVERNIGHT MAIL ADDRESS:
CRAG L ADLER*
*ALSO ADMITTED TO PRACTICE IN NJ 125 LOCUST STREET
HARRISBURG, PENNSYLVANIA 171Q1
November 24, 2008
Cumberland County Courthouse
Register of Wills
One Courthouse Square
Carlisle, PA 17013-3387
via Federal Express
RE: Estate of Pamela F. Eisen
Dear Register of Wills:
LEWIS F. ADLER
Ii~3a_i~aal
DAVID S. KOHN
(1934-1980
LOU[S J. ADLER
~i~se-~<~<~eI
KOHN AND ADLER
(1934=1900)
KOHN, ADLER &ADLER
(i~6o-ie8i)
Enclosed please find the Will of Pamela Eisen, the Petition for Grant of
Letters, the estate information sheet, a death certificate and a check for
probate costs and 7 short certificates in the amount of $868.00. I would
like to pick up at least two short certificates around 1:00 pm on Tuesday
November 25 if that is possible. The executor took the oath in Dauphin
County. I will call first. Please call me if you need anything further.
Thank you.
rv
;~
Very truly yo `~ `"
_~
e1~
>-`_'~ ~
William L . Adler<~ ~~ :> -v
WLA _ f ~--+ N
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