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HomeMy WebLinkAbout04-27-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Elmer H. Potteiger, Jr. also known as File Number ~/~/O ~ ~~~ Deceased Social Security Number 186-14-5791 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) 0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor last Will of the Decedent dated May 14, 2009 and codicil(s) dated None named in the (State relevant circumstances, e.g., renunciation, death of executor, etc.) ~ ..:, ~ - t C- ~ N r-;-: ; Ti Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution,`~~~~trum~s) offered-'7 for probate, was not the victim of a killing and was never adjudicated an incapacitated person: r-,r~-~~ -rr !J ~ ~ :. a © ~ ~ N i ",~ r~~Tl B. Grant of Letters of Administration (Ijappltcable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; durance minoritate Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was swvived 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 1NALL CASES:) Attach additranal sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 2100 Bent Creek Road Mechan isbwc PA 17050 (List street address, sown/city, township, county, state, zip code) Decedent, then 87• years of age, died on March 17, 2010 at Holy Spirit Hospital Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 1,400,000.00 (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: NONE 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: T ed or rioted name and residence Linda 1. Lundberg, Vice President PNC Bank, N.A. v \C.E ~2~\~~ \O\ ND !\ QO\v S~.V Q b ~.t~ ~• ~ ~L- 1-~~~SR~- 4~ \1~nOAc Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are taste 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 bscribed befor me the ~ day ash `' B .~~1C, a (r atJV- v '~~- Signature ojPersonal Signature ojPersonal Representative Signature ojPersonal Representative J c ~ [~~~ N ~ C. ~~~~ ..J ~:: r (_ J C-} t7 C - c -+-' File Number: /]I ~ ~ w ~~ Estate of Elmer H. Potteiger, Jr. ,Deceased Social Se urity Number: 186-14-5791 AND NOW, ~ /0 having been presented efore me, IT IS DECREED that Letters are hereby granted to and that the instrument(s) dated ~ described in the Petition be admitted to proba and filed of FEES Letters ............... $ , I b Short Certificate(s) ........ $~ ,~ Renunciation(s) .. ~. ..... $~ 1 .. $ .. $ 3, ~ .. $-~- .. $ .. $ .. $ .. $ .. $ ... ,s+a'° TOTAL .............. $ of the foregoing Petition, satisfactory proof •. r._.. ~ ~~~~~ in the above estate Supreme Court I.D. No.: 61975 Address: Stevens & Lee 17 N 2nd Street, 16th Floor Harrisburg, PA 17101 Telephone: 717 255-7357 Date of Death: March 17, 2010 Form RW-01 rev. 10.13.06 Page 2 of 2 Attorney Name: Mark D. Bradshaw uossos ae.v rovo~i 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 16427396 Certification Number ~~~ ~~~ i rWLiUREVlusaos rv ~~w FLaCL OI ^ .ll e e !'' COYYOHWEALTH OF PEFWSYLVANIA •.~PARTMEM OF HEALTH • VITAL RECOROe ~'•? ~ .r_'_ ~ 7K 5rr Cii uuctl~oei aAild~ix on ~ t~ ~ fWM~rt STATE FRE RlRAiO%n~ FV 0 .'V N J :n ~~,.~~ r-r°, >>'J C" . c7 r~., , ,~ ~-, ;=7• _. T ,.rrarOrralRir wal. br.MYl tar i9our s•onirwr. ~ F~ri„Illyt r'~.iT9 _ _ t..~ s.Aw Arlsr+n ?. uLar L. arrrr ?. w r rrlwrwr.' ~ , rrw am lrr• rra erarrl ' Oaw: r ^ R ^ 5 1922 h PA ^ ^ ^ i rw IIrn O m ~ arr. troa r Mec an 4rrrr cs 87 vIL. acrrrraab eQr.eraT»:daaab s.w.mr+rlwwavn? Re rw ao~w~•syw.ww+.re FaFcY,Arrnr,nr•r•.Vrwnwaar•n nNLarr~L t~ Miberland E. P~insboro riWp. Holy Spirit Hospital ua.on. vrr Rna. s.l ».0•oaara.Ilrr - rrmairr r rL ,i vro oaa.+«r r n. Ix orar. 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L r L r w ~ r. • IYa1 14 daIrlCMUr r (/ 7 ,a .. rd 2o ~ r a r OapLrr aaWarr Wlr- aFYar,arr amraLrarlrr.aar rl~raa.wawrpawrNwarsra,arlL ^ Ytrm•ra LarWr~ RU• crro.nwrmTral Atis9u~ 4'~+Dl~ S o~ Noa tH 2~ ~T S-l~t ~E'T A.Fwu. w - - !O DA !70// e~MP Hw+~ G , , ~ , This. is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Loeal Registrar. The original certificate will be orwarded to the State Vital ~~n/~'" cords f fo rmanent filing. / l Local Registrar Date Issued t i ~~~ ~ p e - ~-~ '.IE 9~i~i. ~ ~ ~ ~,,~ i '~: ,I~. ~i, „ ,. ;, ' i n; ~ ' I. i ra ~ ~~~.- j '. d- .. a ., ~~, tr ~,~: 44 . ~' ~~ f ~ n i i d ~ ,} ~i ~ ~ ~ i n ~ ~ O~ - N] ~ ~ ~ ~~ i ~,j 14 d; i i;,~ a ° 4u ~ - ' 1. U~.~i i; . ' ~. i'~' , ~ y,. .. I - ~ i ~ ~ nil.. ~1 n ~ .~( ~ , J~ a ',~ Ur. !' b LAST WILL AND TESTAMENT '~ ^~ -~ ~ OF ,,~ Y ~ ~,, 7Tn ~ G~:.J _z~r ELMER H. POTTEIGER ~''~ "' < ~~ ~ m --- ~ ~: ," ~ -~ ~; ~~~ ;:a I, ELMER H. POTTEIGER, of Mechanicsburg, Cumberland County, Pennsylvana, declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time """" heretofore made by me. FIRST: Tangible Personal Property. I give my tangible personal property in the following shares: A. Atwo-thirds (z/3) share to my granddaughter, CINDY L. JOHNSON (my "Granddaughter"), now of Harrisburg, Pennsylvania, if she survives me by thirty (30) days; but if she should not so survive me, then such share shall be distributed to my daughter, CAROLINE A. STONER (my "Daughter"), now of Harrisburg, Pennsylvania, if she so survives me; but if neither persons so survive me, then such share shall be distributed under Paragraph D. hereof. B. A one-third ('/3) share to my Daughter, CAROLINE A. STONER, now of Harrisburg, Pennsylvania, if she survives me by thirty (30) days; but if she should not so survive me, then such share shall be distributed to my Granddaughter, CINDY L. JOHNSON, now of Harrisburg, Pennsylvania, if she so survives me; but if neither so survive me, then such share shall be distributed under Pazagraph D. hereof. C. If my Daughter and my Granddaughter each take shares in such tangible personal property, then distribution shall be made to them as they may agree at the values for Page 1 such items as determined by my Executor. In the absence of such agreement, my Executor shall determine the particulars of such distributions, to be fulfilled, either in-kind or through liquidation, in whole or in part, as may be practical, in its discretion.. D. If neither my daughter, CAROLINE A. STONER, nor my granddaughter, CINDY L. JOHNSON , so survive me by thirty (30) days, then such tangible personal property shall become a part of the residue of my Estate, to be sold or to be distributed in-kind as my Executor shall deem appropriate, after taking into consideration expressions of interest by beneficiaries in particular items at the values established by my Executor. SECOND: Residue. I give the residue of my estate, after the payment or satisfaction of the bequests set forth above, as follows: A. Two-thirds (2/3) of the residue to my granddaughter, CINDY L. JOHNSON (my "Granddaughter"), now of Harrisburg, Pennsylvania, if she survives me by thirty (30) days; but if she should not so survive me, then such share shall be distributed to her then-living issue, per stirpes. B. One-third (''/s) of the residue to my Daughter, CAROLINE A. STONER, now of Hamsburg, Pennsylvania, if she survives me by thirty (30) days; but if she should not so survive me, then such share shall be distributed to my Granddaughter, CINDY L. JOHNSON, now of Harrisburg, Pennsylvania, if she so survives me; but if neither so survive me, then such share shall be distributed to the then-living issue of my Granddaughter, CINDY L. JOHNSON, per stirpes. Page 2 THIRD: Negative Bequest. I hereby declare my intention that, under no circumstances, shall my granddaughter Kathy Fanus, or any of her descendants, or any other persons deriving rights from her, inherit anything under this Will or from my Estate. It is my intention and expectation to exclude Kathy Fanus and such persons from any benefit upon my death. FOURTH: Protective Trusts. The interests or shares distributable to any person who has not then attained the age of thirty-five (35) years of age (a "Beneficiary"), shall be held, administered and distributed for the Beneficiary, 1N TRUST, NEVERTHELESS, by my Trustee, hereinafter nominated, in a separate trust for that Beneficiary, as follows: A. Distribution of Income and Principal. My Trustee shall pay to or for the benefit of each Beneficiary so much of the net income and principal of such Beneficiary's trust in such proportions and at such times as my Trustee, in the discretion of such Trustee, may deem advisable for such Beneficiary's health, maintenance, support, and complete education through the college level, including preparatory and vocational education. On an annual basis any income not paid for such purposes shall be added to principal and invested as such. In addition, my Trustee may use so much of the income and principal of such Beneficiary's trust as my Trustee may deem advisable for the graduate or professional education of such Beneficiary, to pay all or any part of such Beneficiary's wedding expenses, or to assist such Beneficiary in the purchase of a home or in entering a profession or a business considered a good risk by my trustee. Page 3 B. Withdrawal of Principal. Notwithstanding the foregoing provisions, after reaching age 25, such Beneficiary may withdraw one-third (1/3) of the principal of such Beneficiary's separate trust, valued as of such birthday or the date of division into shares, if later; after reaching age 30, such Beneficiary may withdraw one-half (1/2) of the remaining principal of such Beneficiary's separate trust, valued as of such birthday or the date of division into shares, if later; and after reaching age 35, such Beneficiary may withdraw all or any part of the principal of such Beneficiary's separate trust. C. Death of Beneficiary Prior to Termination of Separate Trust. Upon the death of any Beneficiary prior to the termination of such Beneficiary's separate trust, my Trustee shall distribute the remaining principal to the estate of such Beneficiary. FIFTH: Administrative Provisions. The following provisions shall be applicable to my estate and the trusts created hereunder: A. Spendthrift Protection. 1. Assignment Prohibited. While in the hands of my executor or Trustee and until actually paid over or delivered to the persons entitled thereto, all legacies, shares, or interests in my estate or any trust created hereunder, whether income or principal, shall not be subject to assignment, pledge, execution, attachment, or the claims of creditors. 2. Exception for Certain Actions. The provisions of subparagraph A.1 above shall not preclude: (i) a personal exercise or release by a beneficiary of a right of withdrawal or power of appointment granted hereunder, if any; (ii) a disclaimer by a beneficiary, in whole or in part, of any interest in income or principal hereunder; or (iii) a setoff against such interest of any indebtedness of the beneficiary to me, my estate, or any trust created herein. Page 4 B. Accrued or Undistributed Income. Upon the death of any income beneficiary, any accrued or undistributed income shall be paid to the person or persons for whom the principal is continued intrust or to whom it is distributed under the terms hereof. C. Termination of Small Trusts. If the principal of any trust created hereunder is or becomes too small in the discretion of my Trustee to make the establishment or the continuance of the trust advisable, then my executor or my Trustee may distribute the remaining principal and any accrued or undistributed income outright to the then-current income beneficiary of the trust, or if there is more than one such beneficiary, then in equal shares to such beneficiaries. The receipt and release of such income beneficiary or beneficiaries will terminate absolutely the rights of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account to the court. D. Exculpatory Provisions. My Executor and Trustee shall have complete discretion to elect such options and select the time for distribution in such manner as they may perceive from what might have been my viewpoint to be in the overall best interests of the persons having a beneficial interest in my estate and the trusts created hereunder, without reimbursement or compensatory adjustments. They shall not be liable for any loss occurring as a result of any such elections or the timing of distributions. E. Simultaneous Death. If the deaths of a beneficiary and me occur under circumstances in which there is no sufficient evidence that we died otherwise than simultaneously, then for the purposes of this Will, that beneficiary shall be presumed to have survived me. Page 5 F. Adopted and Related Persons. References in my Will to children, grandchildren, issue, descendants, heirs, or persons related to others shall be deemed to include, in addition to blood relatives, persons who fall into that relationship solely by reason of adoption so long as the adoption occurred during the minority of the adoptee. G. Written Notices. Until written notice of any event upon which a right to receive income or principal may depend is received by my Trustee, my Trustee shall incur no liability to persons whose interests have been affected by such event for distributions made by my Trustee in good faith. SIXTH: Powers of Fiduciaries. In addition to the powers conferred by law, my executor with respect to my estate, and my Trustee, with respect to any trust created hereunder, shall have the following powers, to be exercised in their absolute discretion, in the capacity to which such powers may be applicable. A. General Powers. 1. To retain for distribution in kind, without duty of diversification, all property owned by me at my death or received in trust; 2. To invest in all forms of property, without restriction to so-called "authorized" or "legal" investments and without regard to diversification; 3. To exercise all rights of security holders; 4. To delegate discretionary powers; to employ investment counsel, custodians of trust property, brokers, agents, accountants, and attorneys and to act without independent investigation upon their recommendations; 5. To deposit securities in a clearing corporation or carry the same in the name of a nominee or in book entry form; Page 6 6. To maintain, repair, alter, improve, partition, subdivide, dedicate, and otherwise manage or deal with real estate; 7. To sell, pledge, exchange, lease for any period of time, or mortgage any real or personal property, and to grant options for the sale, exchange, or lease of the same; 8. To borrow money and pledge or encumber any property of the estate or trusts as security therefor, without liability on the part of the lender to see to the application of such funds; 9. To compromise claims in favor of or against the estate or trusts without court approval; 10. To exercise options to subscribe to or purchase securities; 11. To join in, consent to, or oppose any voting trust and any plan of lease, mortgage, merger, consolidation, reorganization, recapitalization, liquidation, foreclosure, or other readjustment of the financial structure of any firm or corporation in which the estate or trusts may have an interest; 12. To purchase from my estate any assets thereof and to make loans to those estates to provide liquidity; 13. To retain items of tangible personal property indefinitely without necessity of conversion, permit use of the same by any income beneficiary, and distribute or apply the same pursuant to either the discretionary or mandatory principal distribution provisions of the trust in which the same are retained; 14. To apply all or any part of the income of the estate or any trust created herein for the payment in whole or in part of the cost of maintenance, repair, or Page 7 improvement of any real estate held therein and the taxes, insurance premiums, or other costs and charges due with respect to the same; 15. To decline to accept, disclaim, release, renounce, or abandon any interest in properly and any power; 16. To make distributions in cash or in kind at current values, in undivided interests or non-pro rata shares; 17. To nominate themselves or another as Custodian under a Uniform Gifts or Transfers to Minors' Act and make transfers of a beneficiary's interest in all or part of the estate or trust to such Custodian to be held for the benefit of such beneficiary; 18. To purchase and sell securities through any broker or brokerage firm they may select. B. Elections. To make elections under the tax laws and to select property, without regard to income tax basis, to be sold to satisfy obligations of my estate or trust estate or to be allocated in kind to any beneficiary, including any trust, and to elect to receive the proceeds of any qualified employee benefit trust or individual retirement account payable to my Trustee as a lump sum distribution, an annuity, or any other available form of payment, without reimbursement or equitable adjustment in the relative interests of the beneficiaries affected thereby and without liability therefor. Such actions shall be binding and conclusive on all persons. C. Collection of Proceeds of Annuities and Policies. To collect the proceeds of any annuities or life insurance policies payable to my Estate hereunder from the issuing companies, who shall have no responsibility to see to the application thereof; to bring actions to enforce payment of any policy if the funds held hereunder by my Executor are Page 8 sufficient to indemnify my Executor against all costs, attorney fees, and other expenses of suit to the satisfaction of my Executor. SEVENTH: Payment of Death Taxes. A. Generally. Except as otherwise provided in this Article, I direct that all estate, inheritance, and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall, at any time, be required to contribute to or refund any part thereof. B. Exception for Powers of Appointment and QTIP Trusts. The provisions of subparagraph A above shall not apply to taxes on any property included in my estate solely because of a power of appointment which I possess over such property but have not exercised, or on any property in which I have a qualified terminable interest. EIGHTH: Executor. I appoint PNC BANK, N.A., or its successors in interest, to serve as the executor (the "Executor") of this Will. In the event of its unwillingness to so serve, then I appoint my Granddaughter, CINDY L. JOHNSON. NINTH: Trustee. I appoint PNC BANK, N.A., or its successors in interest, to serve as the trustee (the "Trustee") of any trust created under this Will Page 9 TENTH: Fiduciary Compensation and Bond. A. Compensation Permitted. Any individual executor or trustee serving hereunder shall be entitled to compensation which may be commensurate with his or her services to my estate or to any trust created hereunder. Any corporate executor or trustee serving hereunder shall be entitled to compensation for its services hereunder in accordance with its schedule of charges in effect from time to time during the period in which its services are performed. B. Bond not Required. Under no circumstances shall any executor or trustee appointed hereunder be required to post bond in any jurisdiction. ELEVENTH: Miscellaneous. A. Headings. The bold headings used throughout this Will are for convenience only. I do not intend such headings to be used in the construction and interpretation of this Will. B. Number and Gender. Except where the context clearly indicates otherwise, all references to the singular shall include the plural and vice-versa (including but not limited to the term "trustee") and masculine pronouns shall include the feminine and vice-versa. WITNESS my hand this _ r~~ day of May 2009 ~-~/ LMER H. P TTEIGER Page 10 .~ Signed, published and declared by the above named testator, ELMER H. POTTEIGER, as the testator's last Will in the presence of us who at the testator's request, in the testator's presence and in the presence of each other have hereunto subscribed our names as witnesses. ame ~~ C~/..s~.c Name 107549 vl Page 11 ~9S ~ ~e.~ ~~A~9 Address OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WELLS OF CUMBERLAND GOUNTY, PEN[~YLVANI~ a.~ ~ ~ ~<, ~ s r ~ i, < . a G~tL x ~?~p -,... ~ Estate of Elmer H. Potteiger ~~~eceas~ T = ~ {~ ~ Christopher W. Kull (each) a subscribing witness to (Print NernNs) the ®Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she /lie /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 /Testatrix in his /her presence and in the presence of each other. (Signature) (~^° (Street Address) (City, State, Lp) (56eet Address) /~ ~Ayc~s Tr,~ ~"'%~ ~7~ ~~ (City, State, Zip) Executed in Register's Dice Executed out of Register's Office Swom to or affirmed and subscribed Sworn to or affirm `ed~a~r d subscribed ' before me this day ~ before me this-LL2-~~ 1 7~d~ay 0 1 c~+ ' of -, - Deputy for Register of Wills Notary Public My Commission Expires: (Signalura end seal M Notary w other ofiael qualified m administer oaths. Show tlate of expiration M Noterys mmmbabnJ ~%D~t.~ ~ t~~snV~~ Beth 1. Mt>wwr, lNOtary PubNo C0.Y Of lergeeNf, 6ar~ter Caa^b 2012 1 v N , . o Cpm~fprt EiIp11M Member, Pennsylve~e Astt d lbMrbe NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 Rev. fo-i9-2oo6 Copyright (c) 2008 form software anty The Ladmer Group, Ina -..,; ,rr,r Ci ~+ FiC,~ ~" ~, , Y;..,:~ ~ftl~l»>t~ v~ ,,,. 2010 APR 27 PM 12.29 cLER~c of OATH OF NON-SUBSCRIBING WITNESS(ESp~RPHAN"S C~'JRT REGISTER OF WILLS (~r~~~~(~/~('~COUNTY, PENNSYLVANIA Estate of ~' m~ - I ' ~~ "` (~~ ,Deceased C ind~ Johnson and (each) being duly qualified according to lpaw, depose(s) and say(s) that she / he /they was /were well- acquaintedwith ~~ IY1Pl }} 1 ~QP_,~ alnld amp/are familiar with the handwriting and signature of the decedent and that the signature of ~~K1P,f [~ • I b+~p_~i1~ to the foregoing instrument purporting to be the Last Will and Testament/Codicil of EI IY~eI ~- f Ot~I,QP~ 5~.~,6 ril is in his/her own proper handwriting. UC //V ~ (Signnture) (Street Address) ~~~fa. (City, Slate, Zip) Executed in Register's Office Sworn to or affirmed and ubscribed before this day of~ ~ ,~V . of Wills Forrn RW-04 rev. l0.13.Oh