HomeMy WebLinkAbout11-06-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of Joseph S. Musser
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ~, ` V I^ 1 O 1
Social Security Number 184-26-5249
Petitioner(s), who is/are 18 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 1 are the Co-executors
last Will of the Decedent dated August 17, 2009 and codicil(s) dated
in the
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) ~ r fT 1 f ~" ~ C` ~
Except as follows, Decedent did not marry, was not divorced, and did not have a child tom or adopted after execution of4i~ta`6rrtent(s~offere~••-~ C ~
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~ ~' J,~ `~~~'+
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B. Grant of Letters of Administration -~ --1 ~~ ` ~~ ~- '
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(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; duranie minoritate) ~
Petitioner(s) after a proper search has /have ascertained that Decedent ]eft 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 INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
5009 McDonald Drive Apt 2 Mechanicsburti Hampden Twp PA 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 73 years of age, died on November 2, 2009 at Stonebridge Health and Rehab Center
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 100,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
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 onntea name
Robin L. Gochenauer, 434 Woodland Drive, Dillsburg, PA 17019
n ~ _ D ./S.~ I Jeffrey L. Musser, 70 Mulligan Drive, Etters, PA 17'1.9'9 1 ~ 3 ~ 9
Form RW-01 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 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.
Sworn to or affir/me~~d and subscribed
before me the d/~ day of
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Fo t e Register
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Representative
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Signature of Personal Representative
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File Number:
Estate of Joseph S. Musser ,Deceased
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Social Security Numberf:Q18~4-26~-5n24r9 Date of Death:November 2, 2009
AND NOW, ~~ OV 1.111~1.~1 ,~~ . in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Robin L. Gochenauer and Jeffrey L. Musser
in the above estate
and that the instrument(s) dated August 17, 2009
described in the Petition be admitted to probate and filed of reco d as the last Will (and Codicil(s)) of cedent.
FEES ,p,,~
^~ 1 lJ(,J Register o Will
Letters ............... $ w(
Short Certificate(s) ........ $ Attorney Signature: ;-""~~1
Ren ~ 'ation(s) .......... $
Attorney Name: isa Marie Coyne
... $
... $
.. $
... $
... $
... $
... $
... $
... $
TOTAL .............. $~~ 0~'
Form RW-02 rev. /0.!3.06
Supreme Court I.D. No.: 53788
Address: Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
Telephone: 717-737-0464
Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATF~
• WARNING: It is illegal to duplicate this copy by photostat or photograph. ,
Fee for this certificate, $6.00
P 15980063
Certification Number
This is to certify that the inforrrlation here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Fegistrar. 'The original
certificate will be forwardeC. to ~YIe State Vital
Records Office for anent filing.
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I, JOSEPH S. MUSSER the Township of Hampden, County of Cumberland, Commonwealth of
Pennsylvania, declare this to be my Last Will and revoke any Will or Codicil previously made by me.
ITEM 1: Upon my demise, I direct that my body be cremated and my ashes be buried next
to my beloved wife, Shirley R. Musser in Woodland Memorial Gardens, 4855 Londondery Road,
Harrisburg, Pennsylvania with a graveside service lead by Pastor Hockenberry of Bethel Church of God,
New Cumberland, Pennsylvania. I further direct that there be no viewing or memorial service.
ITEM 2: I direct that all my just debts and funeral expenses be paid as soon as practical
after my death.
ITEM 3: I direct that all taxes that may be assessed in consequence of my death, of
whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of
the expense of the administration of my Estate.
ITEM 4: I give, devise and bequeath the sum of Five Thousand Dollars ($5,000.00) to my
good friend, BETTY L. HAZZARD of 3509 Walnut Street, Apartment #1, Camp Hill, Pennsylvania
17011 provided she survives my death by thirty (30) days. If she does not survive my death by
thirty days, then I directed that these funds become part of my residuary estate and distributed in
accordance thereto.
ITEM 5: I give, devise and bequeath my utility trailer, gun collection and hunting
apparatuses to include my duck and goose decoys to my good friend, THOMAS SHEAFFER of 67
Page 1 of 8
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Sheaffer Farm Lane, New Bloomfield, Pennsylvania 17068 provided he survives my death by thirty
(30) days. If he does not survive my death by thirty days, then I directed that these items become
part of my residuary estate and distributed in accordance thereto.
ITEM 6: I give, devise and bequeath my vehicles and camper to my son, JEFFREY L.
MUSSER of 70 Mulligan Drive, Etters, PA 17319.
ITEM 7: I give, devise and bequeath my burial plots to my daughter, ROBIN
GOCHENAUER of 434 Wooded Run Drive, Dillsburg, PA 17019.
ITEM 8: I give, devise and bequeath the contents of my house to my children, JEFFREY
L. MUSSER and ROBIN GOCHENAUER, in equal shares, to be divided as they may see fit.
ITEM 9: I give, devise and bequeath all the rest, residue and remainder of my estate of
every nature and wherever situate, together with all insurance thereon, in equal shares, to my children,
JEFFREY L. MUSSER and ROBIN GOCHENAUER, provided each survive my death by thirty (30)
days. Should either JEFFREY L. MUSSER or ROBIN GOCHENAUER predecease me or fail to survive
my death by thirty (30) days, then I give, devise and bequeath that deceased heir's share to my grandson,
SHANE MUSSER.
ITEM 10: Should any beneficiary entitled to a share of my estate not have attained the age
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of twenty-five (25) years at the time of distribution to him or her, I devise and bequeath the share of such
beneficiary to my daughter, ROBIN GOCHENAUER, as Trustee, to be held in separate trusts, to hold,
manage, invest and reinvest the share so received, in accumulation of income thereon, and to use and
.,
apply the income and principal, or so much thereof as, in Trustee discretion, may be necessary or
appropriate for such beneficiary's maintenance, support, and education (including college education,
both graduate and undergraduate) without regard to his or her parents' ability to provide for such
Page 2 of 8
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maintenance, support or education, or to make payment for these purposes, without further
responsibility, to such beneficiary's parents or to any person taking care of such beneficiary. Any
principal or income not so applied shall be distributed to such beneficiary absolutely when he or she
attains the age of twenty-five (25) years. If he or she dies before attaining the age twenty-five (25), the
Trust shall terminate and such share shall be distributed to his or her personal representative.
Should the principal of any trust herein provided for be or become too small in the trustee's
discretion so as to make establishment or continuance of the trust inadvisable, the trustee or my personal
representative may, without court approval, make immediate distribution of the then-remaining principal
and any accumulated or undistributed income outright to the person or persons and in the proportions
they are then entitled to income. Upon such termination, the rights of all persons who might otherwise
have an interest as succeeding income beneficiary or in remainder shall cease.
ITEM 11: No interest in income or principal of my estate or any trust created hereunder
shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in
bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's
actual receipt thereof. My Co-Executors or Trustee shall pay over the net income and the principal to the
beneficiaries herein designated, as their interests may appear, without regard to any attempted
anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary
~f my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy,
1
I attachment, seizure or other process against said beneficiary.
ITEM 12: My Co-executors shall have the following powers in addition to those given by
to be exercised by them in their absolute discretion, which powers shall be applicable to all property
held by them, effective without the order of any court and until the actual distribution of all such
property:
Page 3 of 8
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a. To retain any investments at discretion including stock of any corporate fiduciary
hereunder or of a holding company controlling it;
b. To invest and reinvest in the co-executors' discretion as permitted under Act 28 of 1999,
as amended, the "Prudent Investor Act," with the specific right to invest in stocks, bonds and real estate,
including non-income producing residential real estate for the occupancy of any present income
beneficiary or beneficiaries, and in such diversified, proprietary money market and mutual funds,
including such mutual funds of any corporate fiduciary hereunder or those of any successor or affiliated
corporation or a holding company controlling it, as my co-executor and trustee deem appropriate;
c. To sell, to grant options for the sale of, or otherwise convert any real or personal
property or interest therein, at public or private sale, for such prices, at such time, in such manner and
upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances,
assignments and transfers thereof without liability of any purchaser to see to the application of the
purchase money;
d. To borrow money and to secure the repayment thereof by mortgage of real or personal
property, pledge of investments or otherwise, without liability on the part of the lenders to see to the
application thereof;
e. To compromise claims by or against my estate or any trust created hereunder;
f. To allocate and distribute different kinds or disproportionate shares of property or
undivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each;
g. To register investments in the name of a nominee or to hold the same unregistered in
such form that they will pass by delivery;
h. To join in any recapitalization, merger, reorganization or voting trust plan affecting
investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and
generally to exercise all rights of security holders;
Page 4 of 8
To manage, operate, repair, alter or improve real estate or other property, and to lease
real estate and other property upon such terms and for such period as my co-executors deem advisable
even for more than five (5) years and beyond the duration of any trust;
j. To deduct administration expenses upon either the federal estate tax return or fiduciary
income tax return with or without adjustment as between principal and income, as my corporate or
disinterested executors shall determine;
k. To associate with them in the absence of a corporate fiduciary, an accountant, custodian
and investment advisor, and other agents and to compensate them from principal or income or both, as
my executors shall determine, such compensation to be a reduction of the compensation of my co-
executors;
1. To associate with them at any time, in their absolute discretion and of their choice, a
corporate fiduciary which shall have the same powers as my executors, such designation by my co-
executors and acceptance by a corporate fiduciary to be in writing;
m. To combine, without prior court approval, any trust herein with any other trust with
substantially similar provisions, although such other trust may have been created by separate instruments
and by different persons, and, if necessary to protect different future interests, to value the assets at the
time of such combination and to record the proportionate interest of each separate trust in the combined
fund; provided however, that no such combination shall be permitted. if the effect of such combination
would be (1) to violate the applicable rule against perpetuities; (2) to disqualify any interest in one or
more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable;
or(3) to cause the loss of the exempt status of one or more of such trusts from the imposition of the
generation-skipping tax;
Page 5 of 8
n. To exercise any stock options which they may receive; to borrow such funds from any
source as my executors may deem necessary for the exercise of such options; and to pledge assets as my
executors deem appropriate for this purpose;
o. No trustee shall be required to qualify before, be appointed by, or, in the absence of a
breach of trust, account to any court (and failure to account alone shall not be considered such a breach);
nor shall trustee be required to obtain the order or approval of any court in the exercise of any power or
decision granted hereunder;
p. To allocate any generation-skipping transfer tax exemption from the federal generation-
~, 'skipping transfer tax to any property to which I am deemed the transferor under the provisions of Section
~I ' 2652(a) of the Internal Revenue Code of 1986 and its successors, including any property transferred
under my will and any property not in my probate estate and any property transferred by me during life as
to which no allocation was made prior to my death, to the extent necessary to cause the inclusion ratios
applicable to such transfers to be zero;
q. To disclaim any interest in property without court approval; and
r. To do all other acts and things necessary or appropriate in the management,
administration and distribution of my estate or trust.
ITEM 13: Until distributed, no gift or beneficial interest shall be subject to anticipation or
voluntary or involuntary alienation.
ITEM 14: I appoint my children, JEFFREY L. MUSSER and ROBIN GOCHENAUER as
~~~~ '', Co-Executors, of this my Last Will.
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ITEM 15: I direct that my personal representatives, Trustee, or their successors, shall not
be required to give bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
2009.
Testament, this day ~ I ` `~ ,
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Signed, sealed, published and declared by the above-named Testator as and for his Last Will and
Testament in our presence, who, at his request, in his presence and in the presence of each other, have
hereunto subscribed our names as attesting witnesses.
~-l. residing at
siding at
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Page 7 of 8
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COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF CUMBERLAND )
We, JOSEPH S. MUSSER, ,~nne- ~• + ~~-~~- and
' (/1/Z e., the Testator 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 that he had signed
', ', willingly, and that he executed it as his free and voluntary act for the purpose 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 his or her knowledge, the Testator was at the time eighteen (18) years of older, of sound mind
'' and under no constraint or undue influence.
', Subscribed, sworn and acknowledged before me 1S 'r by
JOS PH S. MUSSER, the Testator, and, i -subscribed and sworn to before me by
' /InL 1"t• (~. o~T'tl-:t~-- and ~~ ~ ~-1nc~ the witnesses, this
day of , 2009.
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