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HomeMy WebLinkAbout01-08-10 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Violet R. Moran also known as Deceased COUNTY, l?ENNSYLVANIA File Number ~/ . ~o ~~Z~ Social Security Nwnber 183-12-4686 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 /are the Executor last Will of the Decedent dated November 10, 1993 and codicil(s) dated named in the (State relevant circumstances, e.g., rem~nciatton, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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: ® B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante a.5sentia; durante minoritate) _~~ ,m+ ..7 -, ~"7 c- r"i=t r-'} COMPLETE INALL LASES: Attach additional sheets i necess `w7 C7 -~ `- `~~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal res4d~i~ at '~ `" ~-r-t 2217 A Orchard Road, Came Hill, Pennsvlvania 17011 --t r "~ ~. (List street address, towr/ciry, township, county, state, zip code) -n t~ Decedent, then 87 yeazs of age, died on December 31, 2009 ~ 2217 A Orchard Raad, Camp Hill, Pennsylvania 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 400,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 0.00 situated as follows: Form RW-02 rev. 10.13.06 Page I Of 2 Petitioner(s) after a proper search has /have ascertained that Decedent left 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.) 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: r Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY 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 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 affirmed and subscribed "`~ e of Personal Representative before me the ,~~ day of na / ~ C7 Si t P l R i `~ :,c ; ~ gna ure of ersona epresentat ve .>~ ~ s-; _ R • For the Register ., Signature of Persona/ Representative ? ' ~-~'SJ .~~. ~! ~ .'~{ _S"7 t'~ _ -~ '-, t7 A.~ l C.~ -t'1 ~ -p ~ ~ ~ ~' -- Ti r~ r~ -` ~7 ~ rri Fil N b ~' ~ [~ r G~~ e um er: ~p Estate of Violet R. Moran ,Deceased Social Security Number: 183-12-4686 Date of Death: December 31, 2009 AND NOW, ~ ~ ~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT D C ED t Letters Testamenry aze hereby granted to James W. Moran, Sr. in, the above estate and that the instrument(s) dated November 10, 1993 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES , ~~~~~ Letters ............... $ . C30 Re 'ster Short Certificate(s) ........ $ •~ Attorney Signature: ~ ~Ie'~unciation(s) .......... $ ~~ ... $ .~ ... $ A~ $ ... $ ... $ ... $ ... ... $ ... $ TOTAL .............. $ "7.5+~ ~ Form RW-02 rev. /0.13.Oh Attorney Name: Wayne M. ]'echt Supreme Court I.D. Na.: 38904 Address: 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 Telephone: (717)691-9808 Page 2 of 2 ~ cnc or_~~ .. _ Z -w-b~Z~ LOCAL REGISTRAR'S CERTIFICATION ~OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 15934457 Certification Number 3 REY 11@006 / PRWT W pAM1EM ACK IM( This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~ ~ ~ JAN 0 2 1010 °/ / Local Registrar Date Issued -- n rya d ~© o ,-~ r . ~ ~ c_ rn ....~ ..~ ~ r- ~ t_:~ S ~____~ r~~ ..:" V~~ ~yI~ W ' r ^ .. .~ I.~~i ~ ~ _,,~ frv..i C~ .7, j COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Inahuctions and examples on reverse) 1. Nrp d Oecedee (Fke, mme, bu, minx) Violet R a M 2. Sax 3. Satlu Saaary Number 4. Due of Drm (Monts, dory, yrr) . or n Female 183 _ 12 ,__ 4686 December 31, 2009 S A0o p,aet Skndey) lAlde 1 Ihlde 1 B. Deb d RIM 7. argil Wb a S e. Plop d Osatll Check one 87 y~ Monte Oeee Non MY,M March 20, 1922 Williamstown, PA Hppltsl: ^,,,, ^ERloa~ehml ^DOA Omer: }(~y ^ Nureelp Hane`~ ReeMenp ^ onrr- m. Coumy d Deets 9e. l'xy, Ban, Twp. d Dxm Bd. Fadlry Name (d not kreaNOn, oNe etrrt,nd number) 9. Wr Deeded d Hk{rdc Od0M7 _C_'1 No ^ Yas 10. Rea: Ameripn Intlien, aark, White. ek. Cumberland Lower Allen map, (n yes, elydy Cuban, X~C ISOanM 2217 A Orchard. Road Max~^~Pp^a~n~~) White 11.Oeoebd'e lkrW desk dcrr mood Ab. Do Meeete 12. Wee Decoded ever n the 13. Decerlerd's Ednedp (Spedly eery hiplwet prede asrpbterS 11. Medu Sbbe: Aknled, Nwar Meded, 15. SurvAirlq Spouse (11 wile. pNe maipn nartr) KMdSiskwellndrtry ElectrdY9°P2W°"4lcctg. U.S. Armed Forces? WMowed, Divorced (SpeayYl EbnrrMry r Seaanmry (o-1z) Cohege (t~ a s.l , State Gov t. ^ veeB$NO 12 Married James W. Moran Sr. e rtown,skb,zgcode) Depae,re Pennsylvania D1°De~°'d c; Lower Allen t7a 1Yr DeceOentlivedin ~"'"~dBnCe17°'S~"8 2217 A Orchard Road , .y~ r„~. TAT C i Livedwimin t7b.Coudy C:ttmhPrl and nd. ^ De d am a CirylRoro 18. F86r/e Nmr (Piro. neddb, bu, edfix) 19. MotMys Noma (Phu, mldtlle, maiden elenenr) Sherman W.. Rowe Rub Ro al Minnich 20a. InbmrrM's Nome C1YP• /Print) 2Ob. InbrriwlYe McWp Atldrw ISart dry I bwn, ,tab, xp ado) Patricia A. Moran 1 Oak ane a er 21a. Mll~Aatly~{i7od d Dbpodlbn r ^ C„m,ym ^ ~~ ' S ^ R ' 210. Deb d Obppitlp (Mats, tloy, yov) 21c. Plop d DNpadSon (Name of cwpOxy, crepbry a dher Fkp) ltd. Laatlm (Ciry Item, state, zq cadet aid F 3 erovu Iran Stab r Wr CzamaOOn a Dorrubn AumalaM ^ odrr• rbysedlerEemdnercaolwT ^Vr^No January 5, 2010 Rolling Green Memorial Park ower Allen Twp., PA 17011 ~ serAp Lkerr ror lydoA acwp r outs) 22b. Knee NIeM•r z2tl. 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Name and Addma d Perwrl Canpbled Caur d Doom (hen 27) ryye / Pnm ~ RegletrN, ' em 3s j Gc,/in.i l~ll~es~c~%L ~7,G. . ~ ~~~~~a,,~~, ~ .~,A~~ ~-~ ~.l~w tPT.~ / • ://O .. a Parcel Na. U45:3 ~ :~~ LAST WILL AND TESTAMENT OF VIOLET R. MORAN I, VIOLET R. MORAN, of Cumberland County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me. FIRST: I am married to James W. Moran, and all references to my husband in this Will are to him. I have two children: James W. Moran, Jr. (born January 20, 1948); and Patricia A. Hess (born March 15, 1951). These children are described in this Will as "my children," or as "a child of mine." Any person born to or adopted by a child of mine is described in this Will as "my issue." Provided, however, no adopted person shall benefit hereunder unless the order or decree of adoption is entered before such adopted person attains the age of twenty-one (21) years. SECOND: I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to my husband, James W. Moran, or, if he does not survive me, I give said property to such of my children who are living at my death to be divided equitably among or between them as they may determine, or, if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. I have ~omplete. confidence that my husband, my children or my Executor t~~ ~ ., •. ~L~x_ !~ c_ .tA.~ l_L_ ~ j ~._% t ; ~ 1 I W ~'=, .. ~, i ;- i vl". C.L. ` . '~ c~ U ~~ will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. THIRD If my husband, James W. Moran, shall survive me, I bequeath to my Trustee, hereinafter named, IN TRUST NEVERTHELESS, cash, securities or other property in the amount specified below, to be known as the "Bypass Trust." (1) The bequest shall be $600,000, subject however, to Paragraphs (2) and (3) below. (2) The bequest shall increase or decrease, based upon the availability of my federal unified credit for estate and gift taxes and the maximum allowable federal estate tax credit for state death taxes (but only to the extent that the use of such state death tax credit does not increase the death tax payable to any state), whether due to statutory changes, lifetime gifts in excess of the federal unified estate and gift tax exemption-equivalent amounts, or any other transfer which affects the availability of my federal credits aforesaid. (3) The bequest shall decrease, even to zero, if necessary to reduce federal estate tax payable as a result of my death to zero (excluding, however, any federal estate tax due as a -2- result of an excess retirement accumulation under Section 4980A of the Internal Revenue Code of 1986, as amended and supplemented, or such similar section as may then be in effect), considering that my intention is to fund the Bypass Trust by using my available federal unified credit for estate and gift taxes and my federal estate tax credit for state death taxes and to eliminate federal estate tax on the balance of my federal taxable estate by using the federal estate tax unlimited marital deduction. FOURTH: I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to my husband. Should he not survive me, I give, devise and bequeath such rest, residue and remainder to my children per stirpes, and nat per capita. FIFTH: The Bypass Trust shall be held, administered and distributed as follows: (1) My Trustee shall pay to or apply for the benefit of of my said husband until division into shares pursuant to Para- graph (5), all of the net income from the Bypass Trust in conve- nient installments in such shares and proportions as my Trustee in its sole discretion shall determine primarily for the medical care, support, and maintenance in reasonable comfort of my said husband, taking into consideration to the extent my Trustee deems advisable, any other income or resources of my said husband known to my \~~, O~'~-dyl,~ -3- Trustee, considering that my husband is the primary object of my bounty. (2) Prior to division into shares pursuant to Para- graph ( 5) , my Trustee may pay to or apply for the benefit of my said husband such sums from the principal of the Bypass Trust in such shares and proportions as in its sole discretion shall be necessary or advisable from time to time for the medical care, support, and maintenance in reasonable comfort of my said husband taking into consideration to the extent my Trustee deems advisable, any other income or resources of my said husband known to my Trustee, considering that my husband is the primary object of my bounty. (3) In addition to the income and discretionary payments of principal from this Trust, there shall be paid to my said husband during his lifetime from the principal of this Trust upon his written request during the last month of each fiscal year of the Trust an amount not to exceed during such fiscal year the amount of Five Thousand Dollars ($5,000) or five percent (5$) of the aggregate value of the principal of the Bypass Trust on the last day of such fiscal year without reduction for the principal payment for such fiscal year, whichever is greater. This right of withdrawal is noncumulative, so that if my said. husband does not Y~ ~~ o--u...y, -4- withdraw, during such fiscal year, the full amount to which he is entitled under this Paragraph, his right to withdraw the amount not withdrawn shall lapse at the end of that fiscal year. (4 ) My husband shall have a special power to appoint all or any portion of the Bypass Trust during his lifetime by written document, delivered to my Trustee, referring expressly to this Article, or by Will, validly executed and attested referring expressly to this Article, among such other person or persons hereinafter named or described absolutely or in trust, as he may indicate. This special power of appointment is exercisable only in favor of a child of mine as described in this Will or to the issue of any such child. My aforesaid husband shall have no power to appoint the principal of this fund or income accumulated thereon to himself, his estate, to his creditors, or to the creditors of his estate. My Trustee may rely upon an attested Will probated in any state that otherwise meets the requirements of this Paragraph. (5) In default of the exercise of such power of appointment by my said husband, or insofar as any part of the Bypass Trust shall not be effectively appointed, then upon the death of my said husband, the entire remaining principal of the Bypass Trust, or the part of such trust not effectively appointed shall be divided into equal separate shares so as to provide one -5- (1) share for each then-living child of mine and one (1) share for each deceased child of mine who shall leave issue then living. The share provided for a living child of mine shall be distributed to such child. The share provided for a deceased child of mine who shall leave issue then living shall be distributed per stirpes to such issue. SIXTH: If any share hereunder becomes distributable to a beneficiary who has not attained the age of twenty-one (21) years, then such share shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of twenty-one (21) years, using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reasonable comfort of such beneficiary, taking into consideration to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid or applied shall be accumulated and added to principal. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the age of twenty-one (21) years, or if he or she shall sooner die, to his or her executors or administrators. My Trustee -6- shall have with respect to each share so retained all the powers and discretions had with respect to the trusts created herein generally. SEVENTH: Anything in this Will to the contrary notwithstand- ing, no trust created herein shall continue beyond twenty-one (21) years after the deaths of one, the last to die of my issue living at the time of my death; and two, all issue, living at the time of my death, of the individual serving as President of the United States at my death and all issue, living at the time of my death, of said individual's five (5) immediate predecessors in said office; upon the expiration of such period, all trusts shall terminate and all the assets thereof shall be distributed to those beneficiaries (and in the same proportions) as are then entitled to receive the income therefrom. EIGHTH: If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. N H: (1) I name my husband, James W. Moran, as my Executor. If he is unable or unwilling to serve, I name my son, James W. Moran, Jr. and my daughter, Patricia A. Hess, as my Co- Executors. I direct that my Executor, herein :referred to as my -~- Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (2) I name my son, James W. Moran, Jr., as my Trustee. I direct that my Trustee, herein referred to as my Trustee regardless of number or gender, serve without bond in any jurisdic- tion in which called upon to act. (3) Except as otherwise provided herein, if my Trustee or any successor as herein defined should fail to qualify as Trustee hereunder, or for any reason should cease to act in such capacity, the successor or substitute Trustee shall be some bank or trust company with trust powers, which successor or substitute Trustee shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate. The situs of the Trust may be transferred to the situs of such successor or substitute Trustee by designation in the written instrument aforesaid. (4) For services as Executor and Trustee, my Executor and Trustee shall receive reasonable compensatian. TENTH: (1) I give to any Executor and to any Trustee named in this Will or any Codicil hereto or to any successor or substi- tute Executor or Trustee all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the -s- Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created in this Will or any Codicil hereto and until the completion of the distribution of the assets of such trusts. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. (2) In determining the federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deductions and shall have the discretion to file a .joint income tax return with my husband. (3) If at any time any trust created hereunder (or any share thereof if the trust shall have been divided into shares) shall be of such value that, in the opinion of my Trustee, the administration expense of holding the assets contained therein in trust is not justified, my Trustee, in its absolute discretion, may terminate such trust and distribute the trust property to the -9- person or persons then entitled to receive or have the benefit of the income therefrom or the legal representative of such person. If there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion in which they are beneficiaries or if no proportion is designated in equal shares to such beneficiaries. (4) My Executor and Trustee are authorized and empowered to acquire and to retain, either permanently or :Eor such period of time as my Executor or Trustee may determine, any assets, including the capital stock of any closely held corporation, whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (5) My Executor and my Trustee are authorized and empowered to disclaim any interest, in whole or in part, of which I, my Executor, or my Trustee, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended and supplemented, or such similar section as may then be in effect). (6) My Executor and Trustee are authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to -io- give options to buy or lease any such property. Additionally, my Executor and Trustee are authorized and empowered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. (7) My Executor and Trustee are authorized and empowered to allocate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. ELEVENTH: No person who at any time is acting as a co-trustee (if any) hereunder shall have any power or obligation to partici- pate in or to exercise any discretionary authority that I have given to my Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obliga- tions. Such discretionary authority shall be exercised solely by the disinterested co-trustee. TWELFTH: No interest of any beneficiary under this Will, any Codicil hereto, or any trust created herein, shall be subject to anticipation or to voluntary or involuntary alienation. ?~~~, ~_ -~~- THIRTEENTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Executor and Trustee to pay all such taxes at such time ar times as deemed advisable. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this d o 'y'~, day of ~ az-e,r.Jj,~.ri 1993 . " G~ico~ ~ - ~ Q-''~-~i/ ( SEAL ) VIOLET R. MORAN SIGNED, SEALED, PUBLISHED, and DECLARED by Violet R. Moran, as and for her Last Will and Testament, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: ~/A um G. ,Ru.« ~2--~~ -12- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND WE, VIOLET R. MORAN and Theresa A. Love iov , Bruce E. Sea~rist , and Wavne M. Pecht , the Testatrix 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 Testatrix signed and executed the instrument as her Last Will and that she had signed willingly (willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. Violet R. Moran, Testatrix '~%l,W,~,~ t~1 Witness ~ ~~ Witnes Witne s Subscribed, sworn to, and acknowledged before me by Violet R. Moran, the Testatrix, and subscribed and sworn to before me by Theresa A. Love iov Bruce E. Sea~rist and Wayne M. Pecht , witnesses, this 10th day of November 1993. otary Pub is NDTAR~AL SEAL Kimberly A: M~eais, Notary Public -13- Harrisburg, Dauphin County My Commission Expires Apr. 2,1991