HomeMy WebLinkAbout08-14-09
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Virginia B. Mosher No. e"r - Q%' ~ 7tly
also known as Ginny B. Mosher Deceased Social Security No. 195-16-3240
late of Lower Allen Township, Cumberland County, Pennsylvania
io is 18 years of age or
"A" OR "B" BELOW:)
® A. Probate and Grant of Letters and avers that Petitioner is the executor named in the
dated Ma 6 2008 and codicils dated NONE
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the Decedent; ,
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State relevant arcumatences, e.g., renunciation, death of ezecutar, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
^ B. Grant of Letters of Administration
(aLa., d.b.n.c.t.a.: pendants Ills; tlurente absentia; dursnte minodtale)
after a proper search has/have ascertained that Decedent left no Will and was survived by the following
necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence
at 5245 Magnolia Court Mechanicsburc Lower Allen Township Cumberland Countv Pennsvlvania 17055
Decedent, then 86 years of age, died J~ 12. 2009, at Bethany Village Skilled Nursing, Lower Alien Township,
Cumberland Countv Pennsvlvania
aeon)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property ................................................................................ $ 300.000.00
(If not domiciled in PA) Personal property in Pennsylvania ............................................ $
(If not domiciled in PA) Personal property in County ...................................................... $
Value of real estate in Pennsylvania ................................................................................................... $
Total ..................................................................................................................................... $ 300.000.00
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
Form RW-0 Pege 1 M 2 (Dauphin Cauny -Rev. 9/92)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and
correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent,
Petitioner will well and truly administer the estate ac g to law. ///~~n //~/1/ //~
M -- / / J9--~/~ 11 il/ .b1 A ~, / ..-
Sworn to and affirmed and subscribed
before me this _~ day of
u , 2009.
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Estate of Virginia B. Mosher, deceased No. ~~ -09- (~7(0 ~~ ry
also known as Ginny B. Mosher ~--rac~
Social Security No.: 195-16-3240 Date of Death July 12, 2009
AND NOW, ~~
of the Petition on the reverse s
been
2009, in consideration
me,
IT IS DECREED that Letters ®Testamentary ^ of Administration
(c.l.a.; tl.D.n.ct ; panMnb lib; tlurenle BDwrNa; tlurenle minonbte)
are hereby granted to Frank A. Mosher
in the above estate and that the instruments, if any, dated May 6.2008 described in the Petition be
admitted to probate and filed of record as the last Will of Decedent.
FEES ~~ r
Letters .................................. $ , 8~ Register of Wills Q:
Short Certificate(s) ............... $ -
Renunciation ........................
Affidavit ( ) .........................
Exko-~Pages-{- ) .. ~1..~ ~.....
Codicil ..................................
JCP Fee ...............................
Inventory & Tax Form _......
TOTAL ..................
$ ~_
$ ~~
$ fi,~
$ ~~(n~(. t'9~
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Attorney: J el~tte, squire
I.D. No.: 07217
3401 North Front Street
Address: Harrisburg, PA 17110-0950
Telephone: 717-232-5000
DATE FILED:
Form RW-1 Pape 2 0l2 (Dauphin Ca+nly -Rev. 9/92)
577d07v1
los.pos aev to1roT>
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15476933
Certification Number
TEEM # 3
SHOULD READ AS FOLLOWS:
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This is [o 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 forwazded to the State Vital
Records Office for permanent filing.
JUL 5 2 d9
d e st Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
CERTIFlCATE OF DEATH
(Sea Inslrueelona ieM axempNa on roveroe) STATE FILE NUMBED
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VIRGINIA B. MOSHER ~~~Q
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I, VIRGINIA B. MOSHER, of Cumberland County, Pennsylvania, do
make, publish and declare this to be my Last Will and Testament, hereby revoking all
Wills and Codicils by me at any time made.
ITEM I: I direct that all estate, inheritance, and other taxes
in the nature thereof ("death taxes"), together with any interest and penalties
thereon, which become payable because of my death, whether as a result of transfers
made under this Will or otherwise, shall be paid by the person or persona who receive
a beneficial interest in the assets that generate such death taxes, and that such
liability shall be apportioned among such persons in proportion to their respective
interests in the assets that generate such death taxes, without any equitable
adjustment for income taxes that may be at any time due or owing on such assets,
and my personal representative shall seek reimbursement for such death taxes to the
fullest extent permitted by applicable law.
ITEM II: I direct the Executor to pay the expenses of my last
illness and funeral expenses from the property passing under this Will as an expense
and cost of administration of my estate.
ITEM III: If I die before my husband, FRANK A. MOSHER, I
give to him all of my household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of household or
personal use or adornment and all policies of insurance thereon. If I do not die before
Page 1
my husband, I may leave a written list in my safe deposit box or elsewhere disposing
of certain items of my tangible personal property. The Executor shall dispose of
items of my personal property as specified in the written list. If no written list is
found in my safe deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it shall be presumed that there is
no other statement or list. Any subsequent discovered list shall be ignored. I give to
my children living at the time of my death any tangible personal property not set
forth in a written list, to be divided among them as they shall agree. If my children
are unable to agree, the Executor shall divide this property among my children in as
nearly equal portions as the Executor, in the sole discretion of the Executor, deems
practical, having due regard to the personal preferences of my children.
ITEM IV: I give the residue of my estate, not disposed of in the
preceding portions of this Will, to my husband, FRANK A. MOSHER as Trustee, IN
TRUST, to be administered and distributed as provided in this Will.
Upon the receipt by the Trustee of the residue of my
estate, of any proceeds on account of life insurance, or other property distributable to
the Trustee as a result of my death, the Trustee shall divide all this property
(hereinafter referred to as "principal") into two (2) parts, each of which shall be held
in trust and which will constitute separate trust funds, to be known as "Trust A" and
"Trust B".
"Trust A": "Trust A" shall consist of a fraction of the principal.
The numerator shall be a sum equal to the largest amount that can pass
free of Federal estate tax under my Will by reason of the applicable
credit amount and the state death tax credit (provided that the use of
this credit does not require an increase in state death taxes) allowable to
my estate but no other credit and after taking account of dispositions
Page 2~
under other items of this Will and property passing outside of this Will
which do not qualify for the marital or charitable deduction and after
taking account of charges to principal that are not allowed as deductions
in computing my Federal estate tax. The denominator shall be the
value of the principal. For purposes of establishing this fraction, the
values finally fixed in the Federal estate tax proceeding relating to my
estate shall be used. I recognize that the numerator of such fraction
may be zero (0), in which case no property shall pass under "Trust A". I
also recognize that the numerator may be affected by the action of the
Executor in exercising certain tax elections.
"Trust B": "Trust B" shall consist of the balance of principal
not placed in "Trust A".
If the Trustee receives any property which is not
includible in my estate for Federal estate tax purposes, that property
shall be added to the principal of either "Trust A" or "Trust B" as the
instrument governing the disposition of that property directs. In the
absence of specific direction, that property shall be added to the
principal of "Trust A".
ITEM V: The following provisions shall apply to Trust "A":
(a) The Trustee shall pay the net income arising from the
principal of this Trust in quarterly installments to my husband,
FRANK A. MOSHER, during his lifetime.
(b) During the lifetime of my said husband, the Trustee shall
pay to or for the benefit of my said husband so much of the principal of
Page3 ~~~
this Trust as may be necessary for the proper support, maintenance and
medical care of my said husband.
(c) Upon the death of my said husband, the Trustee shall
distribute the remaining principal to such of my issue in the amounts
and in the estates as my husband may have directed, either by written
instrument filed with the Trustee during his lifetime exercising this
Power of Appointment or by his Will making specific reference to this
Power of Appointment. If this Power of Appointment is not validly
exercised in whole or in part by my husband, then upon his death, or
upon my death if my husband fails to survive me, the then remaining
principal shall be distributed as follows:
(i) If my son, PAUL M. MOSHER, is then living,
all shares of my stock in Security Savings Systems, Inc., or
any successor thereto, shall be distributed outright and
without limitation to my son, PAUL M. MOSHER. The
balance of such remaining principal shall be distributed in
equal shares to my daughters, ANNE CORBIN and
EILEEN MOSHER, and if either daughter is not then
living, her share shall be distributed per stirpes to her
issue who are then living, and if either daughter is not
then living, and has no issue surviving her, her share shall
go to my other daughter, or if she is not then living, her
share shall go to her issue, per stirpes.
ITEM VI: The following provisions shall apply to Trust "B":
Page 4
(s) Trustee shall have, hold, manage, invest and reinvest the
assets of this Trust, collect the income and beginning at my death pay
over the net income in quarterly installments to my husband,
FRANK A. MOSHER, during his lifetime.
(b) The Trustee shall also, from time to time, pay to my
husband such amounts of principal of this Trust as maybe necessary for
the proper support, maintenance and medical care of my husband.
(c) Upon the death of my husband, the Trustee shall pay all
accrued income and all income accumulated but undistributed to the
estate of my deceased husband and shall thereafter transfer the then
remaining principal of this Trust to Trust "A" to be held, administered
and distributed in accordance with the provisions of ITEM V of this
Will.
(d) If my husband should not survive me, then the provisions
of Trust "B" shall be void and the part of my estate which would have
constituted Trust "B" shall be added to Trust "A" to be disposed of in
accordance with ITEM V of this Will.
(e) The Executor shall be authorized in the Executor's sole,
exclusive and unrestricted discretion to determine whether to elect
(under Section 20b6(b)(7) of the Internal Revenue Code of 1986 as
amended, or any corresponding provision of the Federal estate law), to
qualify all, none or a fraction of Trust "B" for the Federal estate tax
marital deduction. The decision of the Executor with respect to the
exercise of the election shall be final and conclusive upon all persons
whose interests in my estate are directly or indirectly affected by the
Page 5 ~+~
election. Only property which is fully eligible for the marital deduction
under Federal estate tax law shall be assigned to this Trust.
Notwithstanding anything to the contrary contained in this Will, the
Trustee of this Trust shall not retain beyond reasonable time any
property which may at any time be or become unproductive, nor shall
Trustee invest in unproductive property. Notwithstanding the
provisions of subparagraph (b) of this Item, the Trustee shall pay to the
Executor of my husband's estate, out of the principal of this Trust upon
the death of my husband, an amount equal to the estate, inheritance,
transfer, succession and other death taxes ("death taxes"), Federal state
and other, payable by reason of the inclusion of the value of Trust
property in my husband's estate. Such payment shall be equal to the
amount by which (1) the total of such death taxes paid by my husband's
estate exceeds (2) the total of such death taxes which would have been
payable if the value of the Trust property had not been included in his
estate. The determination by my husband's Executor of the amount
payable hereunder shall be final. I direct the Trustee to pay such
amount promptly upon written request of my husband's Executor. The
final determination of the amount due hereunder shall be based upon
the value as finally determined for Federal estate tax purposes in my
husband's estate. After payment of the amount finally determined to
the be due hereunder, the Trustee shall be discharged from any further
liability with respect to such payment. My husband may waive his
estate's right to payment under this subparagraph by Will, in which he
specifically refers to the right to payment hereunder given to his estate.
ITEM VII: No part of the income or principal of the property
held under any Trust created by this Will shall be subject to attachment, levy or
Page 6 ~~ ~ ~
seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any
beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the
net income and the principal to the parties herein designated, as their interests may
appear, without regard to any attempted anticipation, pledging or assignment by any
beneficiary under a Trust, and without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
ITEM VIII: The Executor and the Trustee shall each possess the
following powers, each of which may be exercised without court approval and in a
fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named
that bank as the Executor or Trustee.
(b) To vary investments, and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
personal, without being restricted to so-called "legal investments", and
without being limited by any statute or rule of law regarding
investments by fiduciaries.
(c) In order to divide the principal of a Trust or for any other
purpose, including final distributions, the Executor and Trustee are
authorized to divide and distribute personal property and real property,
partly or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts so long as the total market value of each share
is not affected by the division, distribution or allocation in kind. The
Executor and Trustee are each authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
Page 7 2' ~ `~
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the power
conferred upon the Executor and Trustee.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any person, including the Executor
or Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to
assign and pledge assets of my estate or any Trust established by this
Will. This paragraph shall not be construed to authorize borrowing
from "Trust B".
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or any Trust established under
this Will. If any death taxes are payable with respect to my estate, these
taxes shall be paid from "Trust A".
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
Page 8~
without court order, in such manner and in such amounts as the
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or
any Trust established under this Will, and to exercise all the powers
incident to the ownership of stock.
(j) To unite with other owners of property similar to property
in my estate to carry out plans for the reorganization of any company
whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized by
law.
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my estate
or trust, without affecting the compensation to which the Executor and
Trustee are entitled.
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the generation-
Page 9 /l~~
skipping transfer tax shall be either zero or one, in order that an
election under Section 2652(a)(3) of the Internal Revenue Code may be
made with respect to one of the separate Trusts, or for any other reason.
(o) To allocate administrative expenses to income or to
principal, as the Executor or Trustee deems appropriate. However, no
allocation to income shall be made if the effect of the allocation is to
cause a reduction in the amount of any estate tax marital deduction or
estate tax charitable deduction.
(p) To do all other acts in their judgment necessary or
desirable for the proper and advantageous management, investment and
distribution of the estate and Trusts established under this Will.
(q) In the event of a dispute between the Executors as to my
estate and the Trustees as to the Trusts, the decision of the Trustees
shall control (unless otherwise specifically provided in this Will).
ITEM IX: The Trustee is authorized to distribute principal and/or
income in any one or more of the following ways if the Trustee, in the sole discretion
of the Trustee, considers the beneficiary unable to apply distributions to the
beneficiary's own best interests, or if the beneficiary is under a legal disability:
(a) Directly to the beneficiary;
(b) To the legal guardian or conservator of such beneficiary;
(c) To the Trustee, or to another person selected by the
Trustee, as custodian under the Pennsylvania Uniform Transfers to
Minors Act as to a beneficiary under the age of twenty-one (21) years; -~y~
Page 10 ~ ~ '~ I
(d) To a relative of the beneficiary, to be expended by that
relative for the benefit of the beneficiary; or
(e) By directly applying distributions for the benefit of the
beneficiary.
This power shall not apply to any distribution to my spouse from any trust which has
qualified for the marital deduction in my estate.
ITEM X: Any person who shall have died at the same time as
I shall have, or under such circumstances that the order of our deaths cannot be
established by proof shall be deemed to have predeceased me.
ITEM XI: I hereby nominate, constitute and appoint my
husband, FRANK A. MOSHER, to be the Executor (herein referred to as the
"Executor"). My said husband shall have the power to nominate and appoint a
successor Trustee and Executor (individual or corporate) to serve upon his death or
in his inability or refusal to serve as Executor and Trustee. In the event of the death
or inability or refusal to serve of my said husband prior to his appointment or
nomination of a successor Executor and/or Trustee, I nominate, constitute and
appoint my children to be the successor Executor and Trustee. The Executor,
Trustee and Guardian are specifically relieved from the duty or obligation of filing
any bond or other security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding ten (10) pages, at the end
Page 11
"V
of each page which I have also setm> initials for greater security and better
identification this ~ day of v , 2008.
gSEAL)
VIR INIA B. OSHER
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last Will
and Testament, in the presence of us, who, at her request and in her presence and in
the presence of each other, have hereunto set our hands and seals the day and year
first above written, and we certify that at the time of the execution thereof, the said
Testptrix was of sound and d~is~~osing mind and memory.
11 ti /(SEAL) Residin at ~ ~Jr ~ ~ 2~0 '
99 ~. l ~ r~~I
l~~E~Residing at `1 3 ~ w,.fl-Q ~f"~ ,
(SEAL) Residing at .36 3 S ~ ~wr ~. ~
t c~ w,: ~.~a.z. ~iQ /70 .f~
-~
492781v1
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OATH OF SUBSCRIBING WITNESS ~~rn 3-
" ~^'; '
~~~ r ;:
`~ ~ c~ c~
REGISTER OF WILLS c3v~ -cr _
s _~
CUMBERLAND COUNTY, PENNSYLVANIA v~ ro n
w
0
Estate of Virginia B. Mosher ,Deceased
Howell C. Mette and Frank A. Mosher subscribing witnesses to
(Print Nome/sJ
the ®Will OCodicil presented herewith, being duly qualified according to law, depose and
say that she / he /they was /were present and saw the above Testator /Testatrix sign the
same and that she / he /they signed the same and that she / he /they signed as a witness at the
request of the Testator / 'Te)statrix in her /his
V
(SignahtreJ
prese a in the presence of each other.
(SigrcatureJ
205 N. 26a' Street
(Streel Address)
Camp Hill. PA 17011
(City, State, ZipJ
Executed in Register's Offtce
Sworn to or affirmed subscribed
before me this
nn.. ~``' dday
of`tS1~~{~4T (~tI 1'1 _
5245 Ma¢nolia Court
(Street Address)
Mechanicsbtug~PA 17055
(City, Stots, ZipJ
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register o~Vills Notary Public
My Commission Expires:
(Signature and Seal of Notary ar other official qualified [o
administer oaths. Show date of expiration of Notary's Commission.)
NOTE. To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) at Gme of notarizatlon.
517404v1
Form RW-03 rev. 10.13.06