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Home My WebLink About08-20-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF ~'vn~1R~~eL,~„L.D COUNTY, PENNSYLVAr1IA Estate of ~,1 EL X~ ~_ ~~ US' j 1 A~ File Number t ~---<~~' " ~ also known as ~ ~ / .Deceased Social Security Number ~ C`L - Q 3 ^ Petitioner(s), who is/aze 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 /aze the /-~1-J ~,~ named in the ast Will of the Decedent dated 13 ~eUL4MQt~~nd codicil(s) dated (State relevant circumstances, e.g., renunciation, death of ezeculor, etc.) N Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after executi~f the insttvtt'~(s) ca for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~~, s _ t~rt ^ B. Grant o[ Letters of Administration "~ Sl n (/japplicabte, enter: aLa.,, d.b.n.c.t.a.; pendente titer durance absentia: diicdrttednidaritate) t~~-; _--~~ c-,~~~.~ "p -,, Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the followidg.k~tse (if any~dnd heir Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ --1 ~ :- ?'t ~. ._-'~ Name Retationshio Residence Vt (COMPLETE INALL CASES:) Attack additional sheets if necessary. death in ~ fjmh~~]s/~_ County, Pennsylytpttia y~t}t his / hexlast prin~,pR1 ~ s~ n ~ It~ ~j! D S'C'Swc~Q'F -ran nAIAw Qfr/snN D c~AMQ//tii i' t street address, lowri/city, township, county, state, zip code) ' J Decedent, then ~_ years of age, died o ~ at ~ t..~ ~ ~. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ t~.S ~ t~d (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 -~'y~ Farm Rw-oz reY.10.13.06 Page 1 of 2 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: Oath of Personal Representative COMMONWEA TH OF PENNS LVANI SS COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that [he 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. 1 ,t , /~ Signature ojPersona! Representative AND NOW, having been presentee are hereby granted to Signature ojPersona! Representative and that the instrument(s) dated NOUf_tY1,r~L~ described in the Petition be admitted to probate and filed of record Letters ............... Short Certificate(s) ....... . Renunciation(s) .~./~.~... d'Cl l dU $ v~v .. $ .. $ .. $ .. $ .. $ .. $ .. $ TOTAL .............. $ Attorney Signature: Supreme Court I.D. No.: Address: Telephone: satisfactory proof in the above estate Fur+n RW-0? rev. 10.13.06 Page 2 of 2 Hwssos+uvunim~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph., ~ Fee for this certificate, $6.00 I P 16820578 Certification Number l° f 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 Co the State Vital Records Office for ermanent filing. Local Registrar Dat~ssued G~ ~~ _n `.ia~m ...? ':' cis ~ `~~~0 tv 0 ~~ v -'~.ti s. ~ ~ ,~ r,-> ~; ~ c~' N r+=i 7~ d _ra C7 C' <°i r, `:~ CAS r,_. r~ COMMOMNEALTH OF PENNSYLVANYI • DEPM7MlNT OP NlALTI • VRA1. RECORDS ~.;, J ~'~'i CERTIFICATE OF DEATH ~ (SRr Matruetlom tRW tatrFnplp Rn nwrw) sTart: taLa trrFee~ ~ LFrrr4•rrF.r wrb.trtrna 2!r atirr e•ritT roar 1. rtrr /reu ~. ~l• ~.. EVELYN F. GUSTIN Femsle 204 - 03 -6419 t 15 0 '-Mar tatryl t us t rtrr r. rr 89 Yrs. rrr a,. w.. tr.r. Apr11 2, 1921 S teelton, PA ~,~„„, ^~„~, ^,o, Q„a„r„r~ ^,,,,,,r,r ^~. •. Crrry rOru Fc. GY,Br•, Tiq.adr W.iaorYNm Flnatnwaea yR rrrrrr•rl AmY O•Rllrrlipr[aP~T YY to ~r:alYMYr•SIM11LMr~t CLmberland East Pennsboro Golden Livi Center-West Shore "r.r.L~ ~'~~ ~fRtite n. a.cw w. ts. ar• ttr•ar w r h to 4a•rr• 6psFFr RIFW ••M Mmr PrF rir, alt0 u. rrr ftrr ar•^4 ttwr trn0, to ~^I Ar rF M •+U. Vr r~• rmM rtW S ' ~q, S tF e r uB.rwF«R•~ p,~p„17W~r/p17) CuMYFIHRS.) W t~a~ eG1 . e to ry Ste l InaU ^ vw ®fr ~a ~~r.a Fr. 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GUSTIN, now of 1019 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania 17070, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and ADDOintment of Executor. (A) Family and Background Information. I am not married. My child is KENNETH L. MARTIN. Throughout this Will, KENNETH L. MARTIN will be referred to as "my child" or "my son". The word "issue" will include my child as well as my other descendants. (B) A~DOintment Of Executor. I appoint as my Executor and successor Executors (all hereinafter referred to as Executor or Executors) under this will, the following named persons or corporations to serve without bond and without being required to account to any Court: 8xecutor: My son, KENNETH L. MARTIN. Successor 8xecutors: My grandchildren, CHRISTOPHER K. MARTIN, SCOTT P. MARTIN and JEFFREY M. MARTIN, or the survivor of them, as CO-Successor Executors, to act jointly. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled "THE BVELYN F. GUSTIN FAMILY IRREVOCABLE TRUST", dated November 23, 1993, by and between myself, as Settlor, and KENNETH L. MARTIN and PENNSYLVANIA FIDUCIARY AND ESTATB SERVICES, INC., as Co-Trustees, as now in effect or as may hereafter be amended. SECOND: Funeral aad Last Illness ExDensess Taxes. (A) Exvenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and ,~.. ~~ ~~ ~o~ =:~t ~v{7 CTS t-~ c x , <., '~~i jj4~.. ~:7 t-,i ~._._ ~._ _ j ~. ~ 'i i;~,J i LAST WILL AND TBSTAMBNT OF BVELYN F. GUSTIN PAGE 2 penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this will. Without any apportionment otherwise required by law and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions of this Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph FIRST (C), above. THIRD: Tangible Personal ProDertY. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my son, RSNNBTH L. MARTIN, if he survives me by sixty (60) days. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. If my son, RffidN$TH L. MARTIN, does not survive me by sixty (60) days, I leave such tangible personal property to my grandchildren, CHRISTOPHER R. MARTIN, BCOTT P. MARTIN and JEFFREY M. MARTIN, per stirpes, to be divided among them as they may select in as nearly equal shares as is practical. If there is any disagreement as to distribution, I direct my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my grandchildren may be distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. "~ LAST WILL AND T88TAMffidT OF 8V8LYN F. GUBTIN PAGE 3 Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuary 8state. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST (C) of this will, to be held, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. FIFTH: Powers of Fsecutor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate; except that, in lieu of any binding shareholder agreement or buy/sell agreement to the contrary, the Executor shall not be permitted to sell the stock or any other ownership interest in any business owned by me, or held in trust, at my death, without first offering the same for sale to my child, or without next offering the same to the corporation or business represented LAST 1PILL AND T$BTAMffi~i'P OF EVBLYN F. JUSTIN PAd13 4 by such ownership interest for redemption. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries, except that the Executor may not invest in any securities issued by the corporate Executor, or issued by a parent or affiliate company of such Executor, or any stock in a company which the corporate Executor or their parent or affiliate holds as an asset, either individually or in a fiduciary capacity. (3) To retain for investment any property deposited with the Executor hereunder; except that the Executor may not retain for investment any stock in the corporate Executor, or in a parent or affiliate company of such Executor, or any stock in a company which the corporate Executor or their parent or affiliate holds as an asset, either individually or in a fiduciary capacity. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and ~kH 7~ LAST BILL AND T88TA1~iT OF BVBLYN F. BUBTIN PA(iB 5 to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is an Estate asset, and the Executor shall be responsible for the acts of such nominee. (8) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty- one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty- one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such persons estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may LAST BILL AND TESTAI~NT OF EVELYN F. GUSTIN PAGE 6 in making such distribution or division allot undivided interests in the same property to several trusts or shares. ($) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I may have established during life or by will, at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (F) The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) Except as otherwise provided in this Will, when the authority and power under this will are vested in two (2) or more Executors, the authority and powers are to be held jointly by the Executors. A majority of the Executors may exercise any authority or power granted under this Will or granted by law, and may act under this will. Any attempt by one such Executor to act under this Will on other than ministerial acts shall be void. The action of one such Executor under this will may be validated by a LAST BILL AND T$STAMBNT OF EVELYN P' .. C3USTIN PAC38 7 subsequent ratification of the act by a majority of the Executors. SI%TH: Rights aad Liabilities of executor. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment,. the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he performs the services. SEVENTH: T8X $leCtiOIIB. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632 (a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in his discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (C) The Executor may, in his discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. ~~ LAST 1PILL AND TESTAMENT OF EVELYN F. GIISTIN PAGE 8 EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. NINTH: Definitions aad General Provisioas. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (8) Captions. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall include descendants of all generations but shall exclude adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (F) Porters of ADVOintment are 8xercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C), above. ~~ LAST 1iILL AND TI38TADO~IT OF 8V8LYN F . (iIIBTIN PAQ~S 9 (print name) IN 1iITN888 i1H8RE0F, I, 8V8LYN F. QUBTIN, the Testatrix, have to this my Last Will and Testament, typewritten on ten (10) pages, includ~e~q the Ackn~o~ledgment and Affidavit, set my hand and seal this~:~KU. day of qC/~i~~, 1993. LYN C~IIB IN Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and nine (9) other consecutively numbered typewritten pages including the Acknowledgment and~fyf~ydavit. residing at ~I~ P~ residing at -l~f/I"rs~~~~ ~~ Car/ ~I~Y+~u~P~"haH~ (print name) ACAdO1PI,8D(3MffidT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~ On this, the a~-'`~ day of ~ o-ueyn.?~c~ 1993, before me, a Notary Public, the undersigned officer, personally appeared MARK B. HALBRUNBR, known to me or satisfactorily proven to be a member of the bar of the highest court of Pennsylvania, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the Testatrix and witnesses. IN WITNESS WHEREOF, I hereunto set,~my hand aid official spa o ary Public - ~ v~` _,Y~ ~~ My Commission Expires: ~'W'~'~ ~~~'" ~. ~ riH Notarial Seal Ueda Lee Gates, Notary P~bNt: ~res9pd. 1~