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HomeMy WebLinkAbout07-30-10IN RE: Estate of James F. Hulse, Sr. IN THE COURT OF COMMON PLEAS Deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ~..,a ;-~ --~ _ ~~~ C`~ ~ " ~ ~- -,-. r , . PETITI N FOR PROBATE OF COPY OF LAST WILL =~ jT; ~ AND GRANT OF LETTERS ~ ` 4 ;,._ T~, --,-: ~. ,~ ~.~. _ TO THE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY:;.., _:=:y ~`; .--., AND NOW, comes the Petitioners, James F. Hulse, Jr. and Vicky L. Hulse, by and through their counsel, Bradley L. Griffie, Esquire and the law firm of Griffie and Associates and avers the following in support of their petition: 1. Petitioners, James F. Hulse, Jr. and Vicky L. Hulse, are adult individuals residing at 714 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Petitioners are the Co-Executors named in the Decedent's Last Will dated November 22, 1994. 3. At the time of his death, Decedent, James F. Hulse, Sr., was domiciled at 714 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. The Decedent died on May 4, 2010 at Harrisburg Hospital, Harrisburg, Dauphin County, Pennsylvania. 5. The Decedent/Testator executed his Last Will. and Testament on November 22, 1994 and Petitioners are the named Co-Executors in Decedent's Will so dated; a copy of said Last Will and Testament is being attached hereto and incorporated herein by referenced as Exhibit "A." 6. Decedent, in his Last Will and Testament, specifically provided for the distribution of his entire rest, residue and remainder of his Estate, after the payment of obligated debts, to your Co-Executors hereinbefore named. 7. At the time the Decedent/Testator executed his Last Will and Testament, he was of testamentary capacity. 8. A diligent search has been made since the Testator's death and the original Will has not been found. However, a copy of the Last Will and Testament has been located in the records of the Decedent/Testator's legal counsel. 9. The contents of the Last Will and Testament are as stated and a copy which has been located is attached hereto and incorporated herein by referenced as Exhibit «A ~, 10. The Last Will and Testament executed by the Decedent/Testator on November 22, 1994 was never revoked by the Testator. 11. In the Last Will and Testament, the Co-Executors were specifically named as the sole beneficiaries of the Decedent/Testator's Estate. 12. To the best of Co-Executor's knowledge, the Decedent's Estate includes funds located with Citibank Bank, N.A. totaling approximately $55,000.00. 13. While the Decedent's Last Will and Testament recites ownership c-f a mobile referenced as a 1993 Commodore Brookwood Mobile Home, at the time of Decedent/Testator's death, he was not the owner of any vehicles. 14. To the best of the Co-Executor's knowledge, Decedent/Testator was not the owner of any real estate in Pennsylvania or outside of Pennsylvania. WHEREFORE, Petitioners respectfully request the probate of the copy of the Last Will and Testament dated November 22, 1994, presented with this Petition, and the Grant. of Letters in appropriate form to James F. Hulse, Jr. and Vicky L. Hulse to serve jointly. Respectfully Submitted, . Grif e, Esquire ttorney for etitioners GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ~ C~ J MES F. HULSE, JR. titioner VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 7 ~ Q I C~ ~ ~ ~ ~' '`-~ ~ __ VICKY L. ULSE, Petitioner 1' ?~ttsY mill ttn~ ~esYrzmrnt OF JAMES F. HIIL3E, SR. I, JAMES F. HZTLSE, 3R., of 65 Regency South, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after_ my death as is reasonably possible. riO~.rPJer, my personal representative need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might Ibe proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grawe, and to expend sums from my estate for this purpose. GRIFFIE & ASSOGIATSS ATTORNEYS-AT-LAW EXY111J1t ~~A~~ 200 NORTH HANOVER STREET nF NORTH MAIN STREET CARLISLE, PENNSYLVANIA 17013'E ~HA1vIB~RSBURG. PENNSYLVANIA 17201 t ., LAST WILL AND TESTAMENT OF JAMES F. HIILSE, SR. SECOND I give, devise and bequeath the following property with all insurance proceeds thereon as follows: a. my mobile home, a 1993 Commodore Brookwood, serial number BU196A 2876 (72} 4CK, currently located at 65 Regency South, Carlisle, Cumberland County, Pennsylvania, to my beloved son and daughter-in-law, JAMES F. HIILSE, JR. and ~TICRY L. HIILSE, or the survivor of them, providing that they survive me by sixty (60} days, per stirpes. THIRD I give, devise and bequeath the rest, residue and remainder bf my estate, together with all insurance proceeds thereon, of hatever nature and wheresoever situate to my beloved son and 1 ~aughter-in-law, JAMES F. HTJLSE, JR. and VICKY L. HIILSE, or the t ~urvivor of then, providing that they survive me by sixty (6Q) days, per stirpes. It is my specific desire and intention that ~y two daughters, DONNA J. HIILSE and NANCY L. HIILSE, not be rovided for in this my Last Will and Testament, as they have '1 been estranged from me during a considerable portion of my i fetime . FOURTH Any devis e or distribution under this Last Will and estament which is payable to any beneficiary who may be under ighteen (18) years of age or, in the judgment of my personal presentative, mentally disabled, shall be held in a separate st by my personal representative as trustee until such GR1FFlE & ASSOCIATES ATTORNEYS AT LAW 14 NORTH MAIN STREET 200 NORTH HANOVER STREET SUITE 307 CARLISLE, PA 17013 PAGE 2 OF 6 CHAMBERSBURG, PA 17201 LAST WILL A1~iD TESTAMENT OF JAMES F. HULSE, SR. beneficiary reaches eighteen (18) years of age or during such period of disability. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains eighteen (18) years of age, or until all such amounts are paid out of trust. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. FIFTH I grant my personal representative the following powers in addition to and not in limitation of such powers as my personal represzntative shall ;told by lac~1: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b} To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 200 NORTH HANOVER STREET CARLISLE. PA 17013 14 NORTH MAIN STREET SUITE 307 CHAMBERSBURG, PA 17207 PAGE 3 OF 6 BLAST WILL AND TESTAMENT OF JAMES F. HLTLSE, SR. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my personal representative the broadest investment powers possible, p rovidinq such investments do not unnecessarily prevent the prompt settlement of my estate. (f) To sell or otherwise dispose of any property, real or personal, tangible cr intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personzl representative shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any GR[FFIE & ASSOCIATES ATTORNEYS AT LAW 200 NORTH HANOVER STREET CARLISLE, PA 17013 14 NORTH MAIN STREET SUITE 307 CHAMBERSBURG, PA 17201 nw r.r w nr. ~ :BAST WILL AND TESTAMENT OF JAMES F. HULSE, SR. interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. ~ SIXTH ~' No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 200 NORTH HANOVER STREET 14 NORTH MAIN STREET CARLISLE, PA 17013 SUITE 307 CHAMBERSBURG, PA 17201 LAST WILL AND TESTAMENT OF JAMES F. HULSE, SR. SE~7ENTH I nominate, constitute and appoint my son and daughter-in- law, JAMES F. HIILBE, JR. and VICRY L. HIILSE, or the survivor of them, as Co-Executors of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. EIGHTH ' I hereby declare it to be my expressed desire that my personal representative employ the law firm of Griff ie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Wil l and Testament this ~/7/~, day of ~' ~~~n~f~~~ ~ , 19 9 4 . WITNESS: AMES F . HULS E , SR . i GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 200 NORTH HANOVER STREET 14 NORTH MAIN STREET CARLISLE, PA 17013 SU1TE 307 CHAMBERSBU RG. PA 17201 T WILL AND TESTAMENT OF JAMES F. HLTLSE, SR. ACI~OWLEDGMENT NWEALTH OF PENNSYLVANIA SS. Y OF CUMBERLAND I, JAMES F. HIILBE, SR., 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 Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. / /'~ J/~ JAMES F. HUISE, SR. Sworn or affirmed and acknowledged before me by SASS F. LSE, SR. , the Testator, this ^ ~/I~j __ day of ~~/,lD /?J ~~lAC :. 19 9 4 . J Nctar;al Seal Traci L. Lehm«n, Notary Pu'.;' ; Cariis~e Eoro, Cumberland Cc~..:y My Commission Expires May 16. ' 593 GRIFFIE & ASSOCIATES ATTORNEYS AT LAW 14 NORTH MAIN STREET 200 NORTH HANOVER STREET CARLfSLE. PA 17013 SMITE 307 CHAMBERSBURG. PA 17201 T WILL AND TESTAMENT OF JAMES F . HULSE, SR. ~iFFZDAVIT OMMONWEALTH OF PENNSYLVANIA SS. OUNTY OF CUMBERLAND ~ GIB e ~ ~ 2 ~_ ~ . ~(,c t ~ d ~~~ A ~ L ( th e WE, ~ S an itnesses whose names are attached to the foregoing document, eing duly qualified according to law, do depose and say that we ere present and saw Testator sign and execute the instrument as is Last Will and Testament; that he signed willingly and that he xecuted it as his free and voluntary act for the purposes herein expressed; that each subscribing witness in the hearing sight of the Testator signed the Last Will and Testament as itnesses and that to the best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. l~Vl ~ c~G,~z~-~c Q . S-~ C.~a~, Sworn or affirmed and subscribed before m.e by X00; ~'_.~ ~G' ,~,a,nd~o/~~l~ ~~la~ _ this ~ day of ~ ~D,~ _ , 19 9 4 . Not4rial Seal Tracy L. Lehman, Notary Public Carlisle Boro, Cumberland County M Commission Expires May 16, 1998 GR[FFIE & ASSOG[A ATTORNEYS AT LAW 1s1 NORTH MAfN STREET 200 NORTH HANOVER STREET SUITE 307 CARLISLE, PA 77013 CHAMBERSBURG. PA 17201