HomeMy WebLinkAbout12-05-021N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
1NRE'
THE ESTATE of HERBERT L HULL,
Deceased
No 2002-00515
Late of Camp Hill Borough
PETITION OF TRACY A HULL FOR FILING OF INVENTORY
TO THE HONORABLE JUDGES OF THE SAID COURT
The petition of Tracy A Hull, beneficiary, for a C~tatlon directed to Lawrence C Hull,
executor, to show cause, if any there be, why he should not ~mmedlately file an ~nventory,
respectfully represents that
1 Herbert L Hull &ed testate on October 29, 2001, a resident of Camp Hill,
Cumberland County, Pennsylvania
2 Petitioner is one of three children of Herbert L Hull, deceased, each of whom ~s
entitled to a one-third share of the residue of the smd Estate A Copy of the Will Is attached as
exhibit A
3. Lawrence C Hull, appmnted executor by Item X of the Will, failed to produce the
Will for probate until, on the 28th of May, 2002, the Register of Wills of Cumberland County
issued a Citation, at Petitioner's instance, directing Lawrence C Hull to show cause why he
should not produce the Will
4 More than five months have passed s~nce Letters Testamentary ~ssued to
Lawrence C Hull, dunng which t~me Petmoner has repeatedly requested the filing of an
tnventory of the assets of the Estate, pursuant to Section 3301 of the PEF Code
5 In response to these repeated requests, Lawrence C Hull, through his attorney,
Scott M D~nner, Esquire, has repeatedly promised to file an Inventory, but has failed to do so
WHEREFORE, petitioner requests th~s Honorable Court to award a Citation dtrected to
Lawrence C Hull, executor, to appear and show cause, ff any there be, why he should not
~mme&ately file an inventory of the assets of the Estate of Herbert L Hull
Dated
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By~~
Thomas E Flower
S Ct #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
?Z77~7~407 SAI[uS SHUFF MASL~D ~cl p~ OCT D! '~ 88:S~
IN THE COURT OF COMMON PLI~A$ OF CUMBERLAND COUNTY, PENNSYLVANIA
OR_~HAN$' COURT DIVISION
IN' R.E:
THE ESTATE OF HERBERT L. HULL
Deceased
No 2002-0051~
Late of Camp Hill Borough
VERIHCATION
I. Traoy A. Hull, Petitioner, h~reby vmri~ that the statements made m the foresomg
petition ar~ t'me ~nd ~orrect to the best of my information, knowledge and belief. I ~,ntl~r~tand
that false statements h~rein are made subject to ~he penalties of 18 Pa. C.S. Seotion 4904, relating
tO ~llswOm f!lmficatiorl to authorities
Tracy A. ~'ull, l%fitloner
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE'
THE ESTATE of HERBERT L HULL,
Deceased
No 2002-00515
Late of Camp Hill Borough
CERTIFICATE OF SERVICE
AND NOW, ttus 4th day of December, 2002, I, Thomas E Flower, Esquire, of the
firm of Sal&s, Shuff, Flower and L~ndsay, hereby certify that I this day served a tree and
correct copy of the Petition for Filing of Inventory upon the party listed below via Umted
States Mml, postage prepaid, addressed as follows
Scott M Dinner, Esquire
3117 Chestnut Street
Camp Hill, PA 17011
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Supreme Court ID #83993
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Petitioner
LAST WILL AND TESTAMENT
OF
HERBERT L. HULL
I, HERBERT L. HULL, now of 2820 Fairvtew Road, Camp ~11,
Pennsylvania, being of sound and dlsposing mind, memory and
understanding, do hereby make, publish and declare this to be my
Last Will and Testament, hereby revoking all other Wills and
Codicils previously made by me.
ITEM I: ! direct that payment of all my lust debts,
expenses of my last illness, funeral expenses, and the costs of
administering my estate from my estate as SOon after my death as
conveniently may be done.
ITEM II: I give and bequsath the sum of $10,000.00 to
each of the following persons then living, namely,__Marcia Blowney,
now of 383 Front Street, Owego, NY; RuT th. Lan~drum, now of 13410
Hedgley Place, Houston, Texas; B~y Klltzman, now of 131 North
Creek Drive, Norman, Oklahoma and Mavls Kirch, now of 114 South
Madison Street, Waunakee, Wisconsin.
ITEM III: I give, devise and bequeath to Margaret R.
DeStefano, now of 304 April Drive, Camp Hill, Pennsylvania, a life
estate during the term of her natural life In my house and lot at
304 April Drive, Camp Hill, Pennsylvania so long as she occupies it
Id ~UA~ 0I ~00~ 9~ ~du 8~I~ Ag~ I~£ - ON ~NOHd N0~±D~ISNOD-qq~H ~0~3
as h~r principal residence. In the event 304 April Drive, Camp
Hill, Pennsylvania is not occupied by Margaret R. DeStefano as her
principal residence then her life estate In said house and lot
terminates and becomes null and void.
ITEM IV: I give, devise and bequeath in trust to
Lawrence C. Hull, Tracy A. Hull and Marcia M. Hull, my three
children, as TrUstee_s, the sum of $175,000.00 for the following
purposes, with the said Trustees to have the right to hire the
services of an attorney for legal advice:
A. $25,000.00 to be set aside and placed ina certificate of
deposit or sav!ngs account with any lending ~nstitution chosen
by my Trustees to be paid to NAOMI STAb-'LNECKER, now of Room
307, Rosev~ew Home, 1251 Rural Avenue, Williamsport,
Pennsylvania, ~n monthly payments of $1000.00 each for as 10ng
as she lives or until the funds including income are
exhausted, provided nevertheless if she is not then living or
dies before the funds are distributed then all or the residue
if any of %hese moneys to go equally to my above named three
children.
B. $50,000.00 to be placed in a certificate of deposit or
savings account with any lending Institution chosen by my
Trustees ~0 be used for =he ~neral repairs and maintenance,
taxes, insurance and replacement of appliances for 304 April
Drive, Camp H~ll, ennsvlvanla, so long as It ls occupied as
the principal residence of Margaret R. DeStefano, and to pay
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for maintenance and repair to one c~r owned by Marqaret R.
DeStefano, provided nevertheless if Margaret R. DeStefano is
not then living or thereafter dies then all or residue l~ any
of these moneys shall go to my above three named children.
C. $100,000.00 shall be placed ina certificate of deposit or
savings account with any lending institution chosen by my said
Trustees with $20,000°00 to be paid to Margaret R. DeStefano
withln nine (9) months from the date of my death and
$20,000.00 annually thereafter on same date each year as date
of first payment until the moneys and income are consumed
provided nevertheless that in the event Margaret R° DeStefano
is not then living or dies before all the funds are
distributed all or the remaining moneys if any shall be paid
equally to my above three named children.
ITEM V: I give, devise and bequeath all of the rest,
residue and remainder of my estate, o~ every nature and wherever
situate, together with all ~nsurance policmes thereon, into three
equal shares with one share to go to Lawrence C. Hull, my son, with
one share to go to Marcia M. ~ull, my daughter with the remaining
one share to go to Lawrence C. Hull and Marcia M. Hull, my
chzldren, in trust for Tracy A. Hall, my son, whzch share shall
include my house and lot on which it is erected and an adjoining
lot situate and known as 3095 Sandalwood Lane, Titusvllle, Florida
with value thereof to be charged to this share at value fixed by an
MIA appraisal for purposes and as hereinafter set forth, with sazd
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Lawrence C. Hull and Marcia M. Hull havlng the r~ght to elect in
wrlting within 90 days of the date of my death to take in kind the
following listed real estate and have deducted from his or her
respective share the value of each as appraised value thereof as
determined and fixed by an MIA appraiser and personal property as
appraised by an auctioneer, to wit:
A- Lawrence C. Hull, my property on Highway 289, Jackson
Township, Lycomlng County, Pennsylvania, near Buttonwood,
Pennsylvania, and all household furnishings, appliances, equipment
and tools as appralsed by a local licensed auctioneer;
B. Marcia M. Hull, my house and lot situate and known as
2820 Fairvkew Road, Camp Hi!I, Cumberland County, Pennsylvania
and/or my house and lot at 186 Lake Meade Drlve, Lake Meade, East
Berlin, Adams County, Pennsylvania.
C. The one share going to Lawrence C. Hull and Marcia M. Hull
as Trustees in trust for Tracy A. Hull shall be for a period of
four years from the date of my death with rlght in Tracy A. Hull to
live in house and occupy adjolnzng lot known as 3095 Sandalwood
Lane, Titusvxlle, Florida and with Trustees to pay SF000.o0 a month
to Tracy A. Hull and at the end of four years to convey and
transfer the corpus and accrued income to Tracy A- Hull. In the
event Tracy A. Hull is not then lzving or dies durlng said four
years then this share to go to said LawrenCe C. Hull and Marcia M.
Hull in trust or remain in trust with sald Lawrence C. Hull and
Marcia M. Hull in trust equally for Garrett Herbert Hull, born
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October 7, 1992, and Morgan Elizabeth Hull, born September 5, 1995,
being children of said Tracy A. Mull, until each respectively
attains twenty-five years of age at which time one-half share of
corpus and accrued income of trust to go to him or her. In the
event either of them would die then his or her share to go to the
survivor of them.
The income and the corpus of the Trust for Garrett Herbert
Hull and Morgan Elizabeth Hull to go for their care, maintenance,
education, occupational training and to enhance any personal skills
or interest in the musical field or any other field and their
welfare to the extent other income is insufficient. My said
Trustees shall give the highest regard and credibility to the adult
person with whom said persons reside and upon request or demand of
such adult person for payment or reimbursement for present or
future expenses that involve the said items for the good and
welfare of my beneficlarles, sald Trustees are authorized to pay
such requests or demands for present and future expenses without
any iurther investigation or order of court and without any further
liability or responsibility for the application of such monies
paid.
Whenever each beneflciary attains the age of twenty-five (25)
years, then his or her share of Trust shall pay over to him or her.
If either beneficiary, dies before attaining age twenty-five (25),
his or her share shall go to survivor.
ITEM VI: In the event any of my children predeceases me
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or dies wlthln ninety (90) days of my death, then his or her share
to go equally to his or her children then living, per stirpes and
not per capita, otherwise to my surviving children.
~TEM VII: I direct that any and all taxes that may be
assessed in consequence of my death, including all inheritance,
estate and transfer taxes imposed upon my estate passing under my
Will or otherwise, shall be paid out of the principal of my
residuary estate as a part of the expense of the administration of
my estate.
ITEM viii: Z authorize and empower my personal
representative and Trustees to compromise, adjust, release and
discharge in such manner as my persoDal representative may deem
proper, all debts and claims owed by or to me or my Estate; to
sell, lease or exchange at public or private sale or in such
manner, at such prices, and upon such terms of credlt or otherwise,
as my personal representative may deem proper, all or any part of
my property, real or personal; to execute, acknowledge and deliver
lmstruments of conveyance, inc~uding d~eds ~n ~ee simple; to borrow
money for the purpose of paying estate, inheritance or other taxes
which are required to be paid and to secure any such loans by
pledge or mortgage of all or any part o~ my property and to execute
the necessary instruments to carry out such powers; to distribute
my estate in kind or partly in money or partly ~n kind, and to
determine the fair value at which any property so distributed ~n
k!nd shall be received by the dlstributees; to conduct any business
6
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in which I have an interest at the t~ms of my death, for such
period as my personal representative may deem proper, power to
borrow money and pledge assets of the business and the power to do
all other acts that I, an my lifetime, could have done, to delegate
such power to any partner, manager or employee without liability
for any loss occurring therein and to organize a corporation to
carry on said business as capital to such corporatlon and accept
stock an the corporation in lieu thereof and hold such stock for
the uses of this my will, and to vote said stock or sell the same
as to my personal representative may seem best; to retain all
stocks, assets, bonds and investments owned by me without being
confined to what is known as legal investments; to execute any
options to
investments,
execute the
purchase, to apply for stocks, bonds or other
to purchase or otherwise acquire real estate and to
same powers thereover as hereinbefore providedf to
retain lndefinitely any part of my assets, real or personal, which
is or may become unproductive or to make sale thereof; to pay
carrying charges and expenses of the property out of other
prlnclpal or income of my estate; to Invest and reinvest in all
forms of property without restriction to investments authorized for
Pennsy!vanla fiduciaries, as my personal representative and/or
Trustees deem proper, without regard to the pIincipl~ of
diversification or risk; to exercise any law-given option to treat
administrative expenses either as ~ncome ta~ or as estate
deductions, without regard to whether the expenses were paid from
7
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pledge and free
beneficiary.
ITeM IX:
by Estat~ or Trust
principal or income. The
named personal representatmve and Trustees
thereto and shall be in addition and not mn
powers conferred on said fiduciary.
Any and all payment or payments of any sum or sums, whether in
cash or in kmnd and whether for principal or income payable to any
beneficiary from Estate or either Trust mhall be made upon the sole
receipt of the respective beneficiary to whom the paymen~ is ~made
and free from anticipationt alienation, assignment, attachment, and
from control by the creditors of any such
powers herein conferred shall be to my
and all successors
llmmtation of other
Ail shares of principal and income hereby given
shall be free from anticipation, assignment,
pledge or obligation of the beneficiaries and any of them and shall
not be subject to any execution or attachment, levy or
sequestration or other clamms of the creditors of said
beneficiaries or any of them.
ITEM X: I nominate, constitute a~d appoint Lawrence C.
Mull, my son, as the so~e Executor of this my Last Will and
Testament, to serve without bond. In the event of the
renunciation, death, resignation, refusal or Inability to act for
any reason whatsoever ~f the said Lawrence C- Hull, I nominate,
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constitute and appoint Marcia M. Hull as the Executrix of this my
Last will and Testament, to serve without bond.
IN WITNESS WHEREOF,
will and
I, HERBERT L. HULL,
' ' --' /~~~/($EAL)
HERBERT L. ~ULL
have, to this my Last
of
Signed, sealed, published and declared by HERBERT L. HULL, the
above named Testator On the ! 77-~ . day 0f
~C~r . , 20d ~ , as for h~s Last Will and Testament,
in 'the presence of us, ~ho, in his presence, and in the presence
of each other, have, at
witnesses hereto.
Name
request, subscribed our names as
residing at.
residing at
COMMONWEALTH OF PENNSYLVANIA
COUNTy OF -/~ : SS
WE, the underslgned, the Testator and the witnesses,
respectively, whose names are slgned to the foregoing instrument,
being first duly sworn and qualified according to law, do hereby
declare to the undersmgned authority that we were present and saw
the Testator sign and execute the instrumen5 as his Wall, and that
he had signed willingly and that he executed it as his free and
voluntary act for the purposes therein e~pressed, and that each of
the witnesses, in the presence and hearing of the Testator, signed
the Will as witnesses and that to the best of their knowledqe, the
Testator was at that time eighteen years of age or older, of sound
~l~d and u~der no constraint or undue influence, and I, the said
9
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Testator, do hereby acknowledge that I signed and executed the
instrument as my Last Wlll and Testament, that I sig~ed it
willingly, and that I signed it as my free and voluntary act for
the purposes therein expressed. ~---~//~~~~~
~- ~ERB~RT L- MULL
WitBess
Sworn to and ~ubscribed b3~fore
me this /~l, day
Notary Putfl~.c
My Commission Expires:
$333.00
10
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