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Home My WebLink About01-23-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of LOWELL D. MANN File Number ~ 2009 - ~Q 77 also known as Late of Upper Allen Township ,Deceased Social Security Number 211-24-6699 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) D A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executor/trix named in the Last Will of the Decedent dated November 22, 2005, and codicil(s) dated none. Named co-executor, Thomas A. Mann has renounced 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: None. ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate ) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and tNas survived by the following spouse (If any) and hells: (If Administration c.t.a. or d 6 n c t a enter date of 1A/ill in Ser4inn D ~~,.,a.e ~...a .........i..a,, r.,a ..c a.,.:__ , -__-_-, -..__. __._ _. ..... ... ..........~~,.. ..,...., w... wn~N~cac naa vi iicn a.~ Name Relationship Residence ~~ rv _ -- cAa - - - -- ~~ -= __ :_~ '~ ; - cx1 ~v (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last ~~rincipal residence at: 823 Oak Oval Mechanicsburg PA 17055_(Upper Allen Townshiol (List street address, town/city, township, county, state, zip code) Decedent, then 79 years of age, died on January 5, 2009, at Messiah Village, Mechanicsburg, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ................................................ $ 150 000.00 (If not domiciled in PA) Personal property in Pennsylvania $ 0.00 (If not domiciled in PA) Personal property in County .....................................$ 0.00 Value of real estate in Pennsylvania ............................................................................... $ 0.00 TOTAL ............................................................................................................ $ 150 000 00 Real estate 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 rant of Letters In the a ro date form to the undersi ned: Signature Typed or printed name and residence Eric L. Mann, 72 Pheasant Ct., Elizabethtown, PA 17022 roan Kw-uz rev. iu i3.ue 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 knowledge and belief of Petitioner(s) and that, as personal represenl:ative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirme and subscribed before me the ~ ~yd day of ~ 2009 For the Regi r Signature of Personal Representative -Eric L. Mann Signature of Personal Representative - r~ ~~ ~- ~ ~; Signature of Personal Representative - - `~ c~ > -, --. r- ('~ - C File Number: - 2009 - (~(~ ~ .7 ~ ~_..,~ _ ~_~ co -; Estate of Lowell D. Mann, Deceased, a/k/a n/a ~' ~{ ~ Social Security Number: 211-24-6699 Date of Death: January 5, 2009 t~ ~ J AND NOW, ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before e, I IS DECRE that Letters Testamentary are hereby granted to in the above estate and that the instrument(s) dated November 22, 2005 _ _ described in the Petition be admitted to probate and filed of record as the last Will (and C~~dicil(s)) of Decedent. FEES Letters ................... Short Certificates} Ren~ (s)..... 1 Automation Fee .... I.T.R ...................... JCP Fee ....................... Inventory TOTAL ., . b~ - ~^ . ~ ~. ~ ,~ ..... ,.. Q Register of Wills C ..... $ _ t ij 1~` ..... $ ~~. lJ 1' ..... $ I ~. ~L~ •~~•• ~ _)' V~ Attorney Name: Andrew L Saylor ~~~~~ $ Supreme Court I.D. No.: 57291 ~~ • ~ ~ ~ $ ~ ~' U Address: Gibbel k;raybill & Hess LLP ~•~•~ $ 41 East Oranges Street. Lancaster, PA 17602 •••~• $ Telephone: 717-.291-1700 ..... $ ..... $ ..... $ ~. ..... $ Form RW-02 rev. 10.13.06 Page 2 of 2 ARNING: IT IS ILLEGAL TO ALTER THIS COP1( OR ~~ `~-(~"l.' / 7 Rios ~}~ ~E~ ~ o~ TO DUPLICATE BY PHOTOSTAT OR PHOTOGREIPH. iFEE FOR THIS cEaTIFICr,rE sEOC~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION OF DEATH (BERT. NO. T 6~~J~~~ Name of Decedent Sex _ MALE Date of Birth LOWELL F;~~I Social Security No 6-24-29 Rirfhn ~~r.. . r yy~ I~ ~~ !G r ~ (I f ~ 1~TMENT OF_~~-P~ D. ~~,,~h 211-24-6699 OHIO 1-08-09 Date of Issue of This Certi/icatlon ~.,;I Date of Death _ 1= 05-09 Place of Death MESSIAH VILLAGE CUMBERLAND _ UPPER ALLEN_TWP . Pennsylvania Facri~y Name County y. Rorouyh nr T~wnsh~p Race _ WHITE Occupation PHYSICIAN/PSYCHIATRIST Armed Forces? (Yes or No) _ NO Decedent's Marital Status _ WIDOWED __ Mailing Address 823 OAK OVAL MECHANICSBURG PA Numher ireet Clt,~ ar Town State Informant ERIC MANN Funeral Director DAVID T . SEKELY _ Name and Address of V Funeral Establishment-- 130 N. MARKET STREET ELIZABETHTOWN,. PA. Part I: Immediate Cause (a) CLOSED HEAD TRAUMA (b) FALL, (c) - - Part II: Other Significant Conditions Manner of Death Natural _! Homicide ^ Accident ~_; Pending Investigation Suicide _, Could not be Determined ^ Interval Between Onset and Death _ ~ ~~-~ <~-~ , _ ~--,~ , ~ < - -, - -- r -- ==~ .;~:. r.7 ,a -- <: ~ - - - -~ - { I -• J> ~ Describe how injury occurred: ~ FALL WHILE WALKING STRUCK STONE WALL Name and Title of Certifier MICHAEL L. NORRIS, CORONER V--____- (M.D., D.O., Coroner, M.E.) Address . 6375. BASEHORE ROAD MECHANICSBURG 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. , ,` ~ ~ ~j`-'~~ 36-338 t era: Registrar of Vlt~as Disrr:cY No. 1-08-09 25 IRIS CIRCLE ELIZABETHTOWN ,_ ~~.~, «- s. fl~~,~,_,- - ti ~a~a~~l ~sn-~ WILL I, LOWELL D. MANN, of Elizabethtown Borough, Lancaster County, Pennsylvania, revoke any prior wills and declare this to be my will: 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 wife, ANNA JEAN MANN, if she survives me by thirty (30) days. If she 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 givers, 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 wife, ANNA JEAN MANN, survives me, I give her 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 wife, Anna Jean Mann, survives me, I give her that amount which w~l~ be exactly sufficient to reduce the federal estate tax falling due becaus~e'taf~my dead to - ' _~ the lowest possible figure, and I give the residue as follows. ''`~" _- hJ III. Residuary Trust: I give the residue of my estate as follows: .. `~'' - -, - -, _ _.. _,, _.;.. A. To my trustee, IN TRUST, to keep it invested and thereafter: _~., ~ - T; t s --~ .. ~~ cn ~ T B. If my wife, ANNA JEAN MANN, survives me, during her lifetime: `r' 1. The net income shall be paid to her 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 wife either shall be paid to her or shall be applied directly for those purposes; 3. On the last day of each calendar year following my death my wife 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 any one 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 any one 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 ant effective appointment, the then remaining principal shall be held in accordance with the following article. C. After my wife's death (or mine if I survive her) the them-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-fi~Je 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 FOUNDATION, 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, my wife shall be deemed to have survived me 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 tnistee 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 oar 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: 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 i:hereof 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 properly 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 raider 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. If he 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 wife 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 m~uital 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 whiich, 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 wife'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 wife in filing a joint income tax return without requiring indemnification of my estate against liability for the tax attributable to her income, and to consent to any gifts made by my wife being treated as having been made one- half by me for the purpose of federal laws relating to gift t;rx; and 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 mas•ital 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 wife, ANNA JEAN MANN, as trustee of any trust created herein, but if she fails to qualify or ceases to act, I appoint my sons, ERIC L. MANN and THOMAS A. 5 MANN, as co-trustees in her 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. Executed: ~a~e..,.{.~,,. 2.Z- , 20 65 (SEAL) (Lowell D. Mann) In our presence the above-named testator signed this and declared it to be his will, and now at his request, in his presence, and in the presence of each other, we sign as witnesses: Witness Witness 6 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LANCASTER ) I, Lowell D. 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. _, -' Testator We, having been duly qualified according to law, depose and say that we were present and saw Lowell D. Mann sign the foregoing instrument as his will; that he signed it willingly and as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the will as witnesses; and that to the best of our knowledge he was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. ...• Witness ~v Witness S scribed, aff ed to and ac wledge efore me by the ab e- ed testator, and by t witnesses whose names p opposite, on the d oft will. Notary Public Subscribed, affirmed to and acknowledged before me by the testator, and by the other witness whose name appears, on the date of the will. ~ ~~ Andrew L. Saylor, Esquire Sup. Ct. ID No, 57291 On this the ~~ day of ~Q-i~{~yrl ~.PJ1 2.0~, before me, the undersigned officer, personally appeared Andrew L. Saylor, Sup. Ct. ID 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 testator and witnesses. CGMMONWEALTN OF PENNSYLV Notarial Seal Jennifer L. Marcus, Notary Pux:+ii~:- City Of Lancaster, Lancaster 'ounty My Commission Expires Sepi s0. 4U08 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: I, having been duly qualified according to law, depose and say that I was present and saw Lowell D. Mann sign the foregoing instrument as his will; that he signed it willingly and as his free and voluntary act for the purposes therein expressed; that I in his sight and hearing signed the will as witness; and that to the best of my knowledge he was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~~~ Andre L. aylor, Witnes Subscribed, affirmed to and acknowledged on this the O~~daiy of ~~~ 20 dJ ,before me, the undersigned officer, by the witness whose name appears above. ~ ~. ~'1Gt.~.~~ N ary Pub ' rz COMMONWEAL7N OF PENNSYLVANIA Notarial Seal Jennifer L. Marcus, Notary Public City Of Lancaster, Lancaster County My Commission Expires Sept. 30, 2008 tutember, Pennsylvania Association Of Notaries