HomeMy WebLinkAbout12-06-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of JAN S. HAMMAKER File Number ~ 1 ~ ~ - I I (li C~
also known as
Deceased Social Security Number 208427345
who islare 18 years of age or older, apply(ies) for:
'A' OR 'B' BELOW.•)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTOR named in the
Till of the Decedent dated 10/21 /2003 and codicil(s) dated N/A
(Stare relevant circumstances, e.g., renunciation, death of executor, etc.)
as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instttunent(s) offered
for ~robate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
pfapplicable, enter: c.r.a.; d.b.n.c.r.a.; pendente lire; durante absentia; durante minoritate)
after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
on, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name - Relationshiv Res9~lenrw I
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{C MPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ G ~~
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Decedent was domiciled at death in OUMBERLAND County, Pennsylvania, with his /her last principr~'residence atw "~
1 PAR RID RIV ANI R PA 17 P R ALL N P M E N TY
(Li t street address, town/ciry, township, county, state, zip code)
Decedent, then 54 years of age, died on 12/8/2009 at 618 PARK RIDGE DRIVE. IygECHANICSBURG
N
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 2.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 120.000.00
618 PARK RIDGE DRIVE, MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA
si ated as follows:
fore, 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
th undersigned:
Signature Typed or printed Warne and residence
GINA L. STEELE
1 4 REVERE R VE ME H NI R PA 17
Form Rw oz rev. 10.13.06 Page 1 of 2
..
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ;
SS
COkJNTY OF CUMBERLAND
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 owledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
ad •nister the estate according to law.
Sw m to or affirmed and subscribed tC ~^^ A ^ ~t ~~ ~~~
Signature of Personal Representative GINA L. STEELS
before me the ~~ day of
9(109 Signature of Personal Representative
,~ , 1.1
For the Register
Signature of Personal Representative
File Number: ~ `~Q
Estate of JAN S HAMMAKER ,Deceased
Social Security Number: 208427345 Date of Death: 1 2 9
AND NOW, ~ ~ ~Lo , 2009 , in consideration of the foregoing Petition, satisfactory proof
ing been presented before me, IT IS DECREED that Letters TESTAMENTARY
hereby granted to GINA L STEELS
in the above estate
l that the instrument(s) dated 10/21/2003
cribed in the Petition be admitted to probate and filed of record as the last W~11(and Codicil(s)) of Decedent.
FEES
s ............................. $ 260.00
Certificate(s) •••••••••••• $ 20.00
~ciation(s) •••••••••••••••• $
•••, $ 15.00
FEE .... $ 23.50
~MATION FEE .... $ 5.00
.... $
.... $
.... $
'AL .........................
PO BOX 845. HARRISBURG
$ PA 171
$ Telephone: X7171234-4182
$ 323.50
Attorney Signature:
Attorney Name:
of 4
Supreme Court I.D. No.: 34838
Address: WIX. WENGER & WEIDNER
Rw-o2 rev. 10.13.06 Page 2 of 2
HIOS.ROS RL-V~(01/071
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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.
dl i~ o
Local egistrar Date Issued
u0},~,7 REV 1,
TYPE / PRMlT
PERWNFM
e+AClc we
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS O ~ ~7
CERTIFICATE OF DEATH
(SN InstnJCtbns and sxsmplss on nwTSS) STATE FN.E
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Dlapoatlm Pan No. ~,~ y ~ 7,3
LAST WILL AND TESTAMENT
~
OF
~
°
~~~
JAN S. HAMMAKER '~'' "~~ ~~
:~ ~,
I, Jan S. Hammaker, of Mechanicsburg, Upper Allen Town~i o ~~-,n..~.. ,
Cumberland County, Pennsylvania, being of sound and disposing mind and memo, ~~'~ ~ 1_.
do make, publish and declare this my Last Wil~and Testament, hereby revoking ali"
other Wills and Codicils by me at any time previously made.
Provision for Taxes
ITEM I: I direct that all inheritance and estate taxes becoming due by
reason of my death, whether such taxes may be payable by my Estate or by any
recipient of any property, shall be paid by my Executor out of the property passing
under this Will, that is not specifically devised or bequeathed, as an expense and cost
of administration of my Estate. My Executor shall have no duty or obligation to obtain
reimbursement for any such tax paid by my Executor even though on proceeds of
insurance or other property not passing under this Will.
Specific Bequests
ITEM II: I give and bequeath all of my household furniture and
furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing
apparel, and all other like articles of household or personal use and adornment to my
daughter, Lindsey A. Mateer, per stirpes.
ITEM III: I give my real estate located at 618 Park Ridge Drive,
Mechanicsburg, Cumberland County, Pennsylvania (the "Property"), or any other
property I may be using as a residence at the time of my death, to my Trustee,
hereinafter named, to hold IN TRUST NEVERTHELESS for the benefit of my daughter,
Lindsey A. Mateer, as follows:
(a) I request that my Trustee hold my said Property as a residence for
my daughter as long as she chooses to occupy it. In the event my
daughter predeceases me, or in the event she no longer desires to
use the Property as her residence, my Trustee shall sell the
Property and distribute the net proceeds thereof in accordance with
Item IV of this Will.
Page 1 of 9
(b) I recognize that the Property is anon-income-producing asset.
Therefore, I direct that in the event my daughter chooses to occupy
the Property as her residence, she will be solely responsible for all
costs of maintenance, utilities, repairs, real estate taxes and any
interest or penalties thereon, insurance premiums for the real
estate and its contents, any mortgage payments and special
assessments. If my daughter fails to make such payments within
the time period provided by the creditor, then my Trustee may sell
the Property and discharge said debts thereby as Trustee, in her
absolute discretion, shall determine.
(c) My Trustee may, in her absolute discretion, enter into agreements
for alterations and renovations of the Property and pay for same
either by assessing my daughter or securing a mortgage loan on
the Property, or a combination of both, to pay the charges therefor.
(d) I direct my Trustee to transfer title to the Property to my daughter
when she reaches twenty-eight (28) years of age, if the Property
has not been sold. In the event my daughter predeceases me, or
in the event she no longer desires to use the Property as her
residence, my Trustee shall sell the Property and distribute the net
proceeds thereof in accordance with Item IV of this Will.
ITEM IV: I give, devise and bequeath unto my Trustee, hereinafter
named, all the rest, residue and remainder of my property, real, personal and mixed,
not disposed of by the preceding portions of this Will, to be held IN TRUST
NEVERTHELESS, for the benefit of my daughter, Lindsey A. Mateer, to be distributed
as follows:
(a) Upon my death, the Trustee shall divide the principal of the trust
into as many shares or parts as there are then living children of
mine and then deceased children of mine represented by then
living issue. The Trustee shall hold one such share as a separate
trust fund for the benefit of each then living child of mine and one
such share as a separate trust fund for the benefit of the living
issue of each such then deceased child of mine.
(b) In each trust thus established for a child of mine or the
issue of a deceased child of mine, the Trustee shall have, hold,
manage, invest and reinvest the principal thereof and shall, if the
child has not attained twenty-three (23) years of age, pay to or for
the benefit of such child in not less than quarterly installments so
much of the net income and principal of said trust as the Trustee, in
the Trustee's sole discretion, shall deem necessary and
appropriate to maintain said child in the proper station in life,
Page 2 of 9
-~
including proper support, maintenance, medical, hospital, nursing
and nursing home care, and high school, vocational, college,
university and post-graduate education. Any undistributed income
shall be accumulated. Upon such child's attaining the age of
twenty-three (23) years, he or she shall, upon written request, be
paid one-half (1/2) of the then assets of the trust. My Trustee shall
thereafter pay and distribute the net income of the trust, not less
frequently than quarterly, to or for the benefit of that child, upon
written request. Upon such child's attaining the age of twenty-eight
(28) years, he or she shall, upon written request, be paid all of the
remaining assets of the trust. If, at the establishment of the trust,
said child has already attained an age at which he or she would
have been entitled to one or more distributions of assets, as above
provided, the portion(s) that would have been distributed at such
prior age(s) sha(I be paid to such child upon such child's written
request. Should such child of mine die before final distribution of
the assets of said trust, the provisions of Item IV(c) herein shall
control.
(c) If a trust beneficiary shall die before final distribution of the trust
assets to which the beneficiary would otherwise be entitled, said
assets shall be divided into as many equal shares as there are then
living children of said deceased beneficiary, and are to be
distributed to said living children under the same terms and
conditions as set forth herein. If a beneficiary dies before final
distribution of the trust assets to which the beneficiary would
otherwise be entitled and not be survived by living children, then
the Trustee shall divide said assets into as many equal shares are
there are then existing trusts created under this Item IV, and one
such share shall be added to each such then existing trust.
Provided, that if any of said trusts herein created has previously
been terminated by payment of all of its principal to its
beneficiaries, said beneficiaries who received payment of the
principal of that trust shall collectively be considered an "existing
trust" for the purposes of this Item IV(c), and one such equal share
shall be paid directly to each beneficiary in the same proportion by
which he or she received the principal of the trust or, if deceased,
to his or her issue, per stirpes. If, at the time of termination
described in this Item IV(c) there is no then existing trust, or if at
any time before final distribution of assets under this Item IV, none
of my issue is living, the trust shall terminate, then all of my
property, real, personal and mixed, not disposed of by the
preceding portions of this Will, shall be distributed as follows:
Page 3 of 9
(i) Fifty percent (50%) thereof to my aunt, Violet Bearly, of
McVeytown, Pennsylvania;
(ii) Twenty-five percent (25%) to my cousin, Gina L. Steele, of
Mechanicsburg, Pennsylvania; and
(iii) Twenty-five percent (25%) to my cousin, Carol E. Arnsden,
of Marysville, Pennsylvania.
(d) Notwithstanding the foregoing, any trust created hereunder shall
automatically terminate and the principal and income be distributed
twenty-one (21) years from the death of the last surviving
beneficiary living at the time of my death.
(e) Except as otherwise may be provided, during the continuance of
any of the trusts created under the provisions of this Will, and
thereafter until the property is distributed to and received by a
beneficiary hereunder, the principal sums thus held in trust for any
beneficiary, and the income thereof shall not be subject to or liable
for any contracts, debts, engagements, liabilities, or torts of such
beneficiary now or hereafter made, contracted, incurred, or
committed, including, without limitation, attachment, levy, and
seizure by any creditor, spouse, assignee, trustee, or receiver in
bankruptcy, but shall be absolutely free from the same, and such
beneficiary shall have no power to sell, assign, anticipate, or
encumber all or any part of the principal sums of such beneficiary's
interest therein, or the income thereof.
Appointment of Fiduciaries
ITEM V: I hereby nominate, constitute and appoint Gina L. Steele to be my
Trustee. In the event of the death, resignation, refusal or inability of Gina L. Steele to
serve as Trustee, I nominate, constitute and appoint Carol E. Arnsden to serve as
Trustee in her place.
ITEM VI: I hereby nominate, constitute and appoint Gina L. Steele to be
my Executor. In the event of the death, resignation, refusal or inability of Gina L. Steele
to serve as Executor, I nominate, constitute and appoint Carol E. Arnsden to serve as
Executor in her place.
ITEM VII: If at any time, any minor child or mentally incapacitated person
shall be entitled to receive any assets hereunder, my Trustee shall act as Guardian of
the assets payable to such person and shall have full authority to use such assets in
any manner as such Guardian shall deem advisable for the best interests of such
Page 4 of 9
__ _ ~
person, including proper support, maintenance, medical, hospital, nursing and nursing
home care, high school, college, university, post-graduate or other education, without
securing court order.
ITEM VIII: My Executor, Trustee, and Guardian are specifically relieved
from the duty or obligation of filing any bond or other security.
Powers of Fiduciaries
ITEM IX: In the settlement of my Estate and during the continued
existence of the foregoing trusts, my Executor and Trustee of each trust shall possess,
among others, the following powers to be exercised for the best interests of the
beneficiaries:
(a) To retain any investment I may have at my death, so long as my
Executor or Trustee may deem it advisable to my Estate or trusts to
do so.
(b) To vary investments, when deemed desirable by my Executor or
Trustee, and to invest in such bonds, stocks, notes, money
markets, real estate mortgages or other securities, other than
options or futures, and in such other real or personal property as
my Executor or Trustee shall deem wise, without being restricted to
so-called "legal investments."
(c) In order to effect a division of the principal of my Estate or a trust or
for any other purpose, including any final distribution of my Estate
or any trust, my Executor or Trustee is authorized to make said
divisions or distributions of the personalty and realty, partly or
wholly in kind. If such division or distribution is made in kind, said
assets are required to be divided or distributed at their respective
values on the date(s) of their division or distribution.
(d) To sell, either at public or private sale, and upon such terms and
conditions as my Executor or Trustee may deem advantageous to
my Estate or trusts, any or all real or personal estate or interest
therein owned by my Estate or trusts, severally or in conjunction
with other persons, or acquired after my death by my Executor or
Trustee, and to consummate said sale(s) by sufficient deeds or
other instruments to the purchaser(s) conveying a fee simple title,
free and clear of all trust, and without obligation or liability of the
purchaser(s) to see to the application of the purchase money or to
make inquiry into the validity of said sale(s); also, to make,
execute, acknowledge and deliver any and all deeds, assignments,
Page 5 of 9
options or other writings that may be necessary or desirable to
effect any of the bequests or devises made in my Will or in carrying
out any of the powers conferred upon my Executor or Trustee in
this Item IX(d) or elsewhere in my Will.
(e) To mortgage real estate and to make leases of real estate.
(f) To borrow money from any party to pay indebtedness of mine or of
my Estate or trusts, expenses of administration, or inheritance,
legacy, estate and other taxes.
(g) To pay all costs, taxes, expenses and charges, except as herein
noted, in connection with the administration of my Estate or a trust.
My Executor shall pay expenses of my last illness and funeral
expenses.
(h) To vote any shares of stock that form a part of my Estate or a trust
and otherwise to exercise all the powers incident to the ownership
of such stock.
(i) To assign to and hold in a trust an undivided portion of any asset.
(j) In the discretion of my Trustee, if the size of any trust herein
established shall become so small that it is impractical or
uneconomical to continue said trust, my Trustee may distribute all
accumulated income and principal to the then income beneficiaries
in proportion to their income interests.
(k) The right and discretion to elect the most appropriate settlement
options for any pension plans, individual retirement accounts or
other employee benefit options payable to my Estate or any trust,
assuming such election shall be in accordance with procedures
established by the plan's administrative committee or administrator,
as the case may be.
(I) The right to engage accountants, attorneys, appraisers and other
agents, as deemed necessary by my Executor or Trustee, to
render advice to and/or to represent my Executor or Trustee, as my
Executor or Trustee deem necessary or appropriate to the
administration and preservation of my Estate or the assets of any
trust.
(m) To do all other acts in the judgment of my Executor or Trustee
necessary or desirable for the proper and advantageous
management, investment and distribution of my Estate.
Page 6 of 9
Miscellaneous Provisions
ITEM X: Any person who shall have died at the same time as me, or in a
common disaster with me, or who shall fail to survive me by ninety (90) days, shall be
deemed to have predeceased me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my
Last Will and Testament, consisting of this page, the next two pages, and the preceding
six pages, this;~;~ day of ~r~hQ ~ , 2003.
an S. a er
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-
named Testator, Jan S. Hammaker, as and for her Will, in the presence of us, who, at
her request, in her presence and in the presence of each other, have hereunto
subscribed our names as witnesses in attestation thereof.
` Address ~10 ~ ~~~~
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Page7of9
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
I, Jan S. Hammaker, the Testator 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 the instrument as my Last Will; and that I
signed it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by Jan S. Hammaker,
the Testator, this f S~- day of C~t~i ,Q e , , 2003.
.*....
~a
cmroF- . ocrnv
My cpMNnNMon E~pM« Mq 6. 2007
Page 8 of 9
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
e, ~ and
the witne es whose names are signed to the
a ached or foregoing instrument, being duly alified according to law, do depose and
say that we were present and saw the Testator sign and execute the instrument as her
Last Will; that the Testator signed willingly and executed it as her free and voluntary act
for the purposes therein expressed; that each subscribing witness, in the hearing and
sight of the Testator, signed the Will as a witness; and that to the best of our knowledge
the Testator was at that time 18 or more years of age, of sound mind and under no
constraint or undue influence.
S~ orn to or affirmed and subscribed to before me,
1 , ~~Q, land
1 ,witnesses, this day of i C f-rj~Q,~, , 2003.
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Witness
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My Commission Expires:
(SEAL)