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Home My WebLink About10-06-10PETITION FOR PROBATE AND GRANT OF LETZ'~'ERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYT,,VANIA Estate of ALBERT P. HEUSNER, JR. File Number I '- ~ d~'~ ~ Q ~ 3 also known as , Deceased Social Security Number 238-707342 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 EXECUTRIX named in the last Will of the Decedent dated JULY 20, 2000 and codicil(s) dated (State relevant circumstances, e.g., remmciation, death of executor, etc.) li Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of1t11e instrument(s) offered - for probate, was not the victim of a killing and was never adjudicated an incapacitated person: I~ ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a.; db.n.c.t.a.; pendenteli~e; durance absentia; dur teminoritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following s~oWse (iF~y) and heirs: (If Administration, c.t.a. or db.n.c.t.a., enter date of Will in SectionA above and complete list of heirs.) CSI ~, ~ ~; ~r-t . ? Name ltelationshi . ~. ' ~ t t°i ~ rj-~ '~ ~ .,t rJ` (COMPLETE WALL CASES:) Attach additional sheets ijnecessary. ~ Decedent was domiciled at death in CUMI3ERLAND County, Pennsylvania with his /her last principal 025 FO E ROAD I E E AND C PENNSYLVA 1701 _ -- T~ `'' ~ C!t G esidence at (List street address, town/city, township, county, state, zip code) i died on SEPTEMBER 19, 2010 at 1025 FORBES ROAD, CARL ears of a e 63 th D d S E, CUMBERLAND g , y en ent, ece C LINTY PENNSYLVANIA 17013 i Decedent at death owned property with estimated values as follows: ~ (If domiciled in PA) All personal property I miciled in PA) Personal property in Pennsylvania ~, t d If $ 896,000.00 $ no o ( miciled in PA) Personal property in County If t d $ ( no o lvania al estate in Penns f r l V $ y ue o e a I situated as follows: Wherefore, Petitioner(s) respectfully roquest(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of d-e undersigned: L¢tters in the appropriate form to Si T d or Tinted name aad resi -y /~ CAROLE J. HEUSNER, 1025 FORBES ROAD, CARLISLE, PA 7D13 ~ Form RW-02 rev. 10.13.06 Page 1 Of Z Oath o€ Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the ~ day of Zo/ o For the Register Signature of Personal Representative Signature of Personal Representative c~ T O r!T ' , n Aiw ~ C,~-i ! f_. File Number: Z I - ~D ~ /D I ~ .-? ~ ...,., ~ ~ ~ . 3 '~ ~ Estate of ALBERT P. HEUSNER, JR D~ea~sed •• ~ p C ` , ~~ Social Security Number: 238-70.7342 Date of Death:09/19/2010 AND NOW, ~~ Z~/O , in consideration of the foregoing Petition, satisfactory proof having been presented before e, T IS DECREED that Letters TESTAMENTARY are hereby granted to CAROLS J. HEUSNER in the above estate and that the instrument(s) dated JULY 20, 2000 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES ONl ~ 1 ~ ~ ~ ~ ~, ~ Letters $ 610.00 Register of Wills ~ Short Certificate(s) ........ $ 8.00 Attorney Signature: ~- Renunciation(s) .......... $ JCP ... $ 23.50 Attorney Name: ROGER B. IRWIN, ESQUIRE AUTOMATION $ 5.00 Supreme Court I.D. No.: 6282 WILL $ 15.00 $ Address: 60 WEST POMFRET STREET ... $ CARLISLE, PA 17013 ... $ ... $ " ' $ Telephone: (717)249-2353 ... $ TOTAL .............. $ 661.50 Form RW-02 rev. 10.13.06 Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION OF DE' TH WARNING: It is illegal to duplicate this copy by photostat or photggrap~h. Fee for this certificate, $6.00 P 16854430 Certification Number This is to certify ~t the information here given is correctly copied fr ~ an original Certificate of Death duly filed with m 2~s Local Registraz. The original certificate will' b forwazded to the State Vital Records Office ifor plermanent filing. ~ ~~r~ SEA 2 X2010 Local Registrar' I ' Date Issued rv ca •~ ~ _.~, ;..~ Q -z-t ." 7 ~ ~ ~~~ ._. ... ~ _' ~ C ~ '"i_1 -~. -`~= 4,^~ ~`, 1 10a1N lrl! 11R6W COMMONM~EALTH OF PElMISYL1fANU1 • ~ rnEiwwrN DEPApTIAENT OF HEALTH • VITAL RECORDS O art CORONER'S CER7IFlCATE Of DEATH ~97_9A~1 lAr M~Iw- ~• ~i e -1. rr..ao~upr,wYr,rarip -- __-___ ___, STATE FILE ~... 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Eckenrode, or 6375 Basehore Rd., S it a r 1 aprrrP.nrro ' . U5~1~ (~ r:`1 LAST WILL AND TESTAMENT I, ALBERT P. HEUSNER, JR., of the Borough of Carlisle, Cumb eland County, Pennsylvania, being of sound mind, disposing memory and full legal age, d ~ereby make, publish and declare this instrument to be my Last Will and Testament, hereby exp ~ssly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executrix or Executors, as the case may be, to pay 1 of my debts, funeral and administrative expenses as soon as may be done conveniently aft rll my decease. Furthermore, I direct that all state, inheritance, succession and other death e~ imposed or payable by reason of my death and all interest and penalties thereon with respect t~ all property composing of my gross estate for death tax purposes, whether or not such prope ,passes under this Will, shall be paid by the Executrix or Executors of my estate. TWO: My Executrix or Executors, as the case may be, may, at her or ~ir discretion, compromise claims, borrow money, retain property for such length of time as s e I or they may deem proper; lease and sell property for such prices, on such terms, at public or p iwate sales, as she or they may deem proper; and invest estate property and income without res i~tion to legal investments unless otherwise provided hereunder. I authorize and empower m Executrix or Executors to sell any realty and/or personalty owned by me at my death and n ~ specifically devised or bequeathed herein, at public. or private sale or sales and to give good a~d sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if,~~vi~~. ~ubrix or VV ~ II 1IJJ 1dilQ~ S,N dd0 .~0 ~d 1 ! S ~ I Nd 9- .~~0 ~IOZ fl..~. _{{I It 1!^.: ~"' r,. ~~~~~~J ~~~ ~ ~. ~~ ~P~/~ I I 'i ' r the allocation to this Family Trust. D. From the Marital Trust, the Trustees shall pay all of the one income to my spouse, CAROL J. HEUSNER, in monthly payments. My spouse also has the 'ght to receive from the Trustees all or a portion of the principal from the Marital Trust aind to change the beneficiaries of this Marital Trust in my spouse's discretion. At the death of y spouse, the Trustees shall distribute the' remaining principal and accumulated income of the 11~Isrital Trust as follows: 1. All of the rest, residue and remainder of my estate shal~ be distributed in equal shares between my sons, JEREMY PRICE HEUSNEl~ d PATRICK DAY HEUSNER, per stirpes, which provides that the child ort c ~ldren of any deceased child shall take the share their parent would have t~lten if living provided however, in the event any said beneficiary is under the ~ge of twenty- one (21) years at the time of distribution hereunder, said benefiaia~y's share shall be held IN TRUST in accordance with Paragraph Three F. below;:,. ~', E. From the Family Trust, the Trustees shall pay all of the niet income to my spouse, CAROL J. HEUSNER, in monthly payments. The Trustees may dis °bute to my spouse such amounts from the principal of the Family Trust as provided hereon er, up to the whole thereof, as the Trustees, in their discretion, shall deem necessary or advis lie to provide for the care, maintenance and support of my spouse, so as to support my spouse ~ any spouse's accustomed manner of living, provided, however, the Trustees shall consider at~y other sources 3 __ of income available to my spouse when making payment hereunder. The True requested by my spouse, pay five (5%) percent of the principal or $5,000.00, w is greater, annually to my spouse during my spouse's lifetime, but in no way s distribute more of the principal of this Family Trust to my spouse than in the This limited right to make withdrawals from the principal of the trust estate is ~~ that an amount which might have been withdrawn during a particular year may it in any subsequent year. At the death of my spouse, the Trustees shall distrib principal and accumulated income of this Family Trust as follows: 1. All shall be distributed in equal shares between m PRICE HEUSNER and PATRICK DAY HEUSNER, per stirpes, that the child or children of any deceased child shall take the ~1 would have taken if living provided however, in the event any s under the age of twenty-one (21) years at the time of distribution beneficiary's share shall be held IN TRUST in accordance with l F. below; is shall, when ~hever amount tt the Trustees dove amounts. cumulative, so be withdrawn the remaining >ns, JEREMY hich provides ~ their parent ~id~ beneficiary is r, said Three F. If any of my beneficiaries or heirs are under the age of twenty-one (21) ~ ears of age at the time of my death or the death of my spouse and inherit any assets hereunder b virtue of my death, then in that event, the Trustees shall hold all of their respective share( )' IN TRUST according to the following terms and conditions: 4 Upon the creation of this Trust, the Trustees shall divide this tru individual shares in the name of each heir or beneficiary in the amount equal to said heir or beneficiary inherited hereunder. The Trustees, as well as my r hereby authorized to retain, unconverted, any property, real or personal, that ~I death and shall be under no duty to convert it into legal investments. The TrusteE power and authority to sell, transfer, convey, invest and reinvest and to pay over of the trust property, to or for the use of said heir or beneficiary, or to accumi~la discretion of the Trustees. The Trustees are also authorized and empowered to pa: the use and benefit of my heirs or beneficiaries such portion of or all of the pri#~c estate as in the Trustees' sole discretion seems proper for their support, mainteha or medical care. My primary object is to insure the support, maintenance, educ~ti~ care of my hens and beneficiaries until they reach the age of twenty-one (21) lye notwithstanding the above, the Trustees shall have the sole discretion throughout this trust in which to distribute any of the trust principal or income for the ben~fi heirs or beneficiaries for any such purpose as the Trustees deem reaso#~a circumstances such as but not limited to the purchase of real property, tu~ti~ education or any other purpose which would in the Trustees' sole discretion ~.d~ interest of said heir or beneficiary. When each respective heir or beneficiary r$ac twenty-one (21) years, then whatever remains of income or principal of the beneficiary's divided share under this trust estate shall be distributed to said heir ~ per stirpes, which provides that the child or children of any deceased heir or bey take the share their parent would have taken if living. In the event that aln3 beneficiary becomes deceased prior to the final distribution hereunder without lEa~ 5 principal into we amount that xesentative, is ~.y own at my shall have the tie net income a it in the sole aver to, or for oral of the trust Vie, education, and medical ds. However, ue duration of of any of my lie under the for further the best the age of . heir's or beneficiary, Hciary shall said heir or img surviving J _r issue, said deceased heir's or beneficiary's share shall be divided equally betw~e all of the heirs and beneficiaries who aze a part of this trust and distributed in accordance with this pazagraph. For whatever reason there aze no heirs and beneficiazies remaining as a part ol` '$ trust, then in that event, the rest, residue and remainder hereof shall be distributed in e~ua~l shazes to the residual beneficiaries set forth in Pazagraph Three G. below. G. In the event that my spouse predeceases me, dies simultaneously r I choose for whatever reason during my lifetime to withdraw all of the assets from the Mariltal Trust set forth in my spouse's Last Will and Testament or if I have accumulated any other as~et~ which aze not being held in trust hereunder or under any written trust document executed by me during my lifetime, then in that event, I hereby give, devise and bequeath all the rest, remain er and residue of my estate to be distributed as follows: 1. All of the rest, residue and remainder of my e~tate shall be distributed in equal shazes between my sons, JEREMY PRICE' Ii~~JSNER and PATRICK DAY I-IEUSNER, per stirpes, which provides that the is ld or children of any deceased child shall take the share their pazent would hake en if living provided however, in the event any said beneficiary is under the ge of twenty- one (21) years at the time of distribution hereunder, said benefici 's shaze shall be held IN TRUST in accordance with Pazagraph Three F. above; II FOUR. I make the following provisions pertaining to generation-skipping 6 A. My Executrix or Executors, as the case may be, may allocate any part of my generation-skipping tax exemption which I have not irrevocably utilized durin ray lifetime in such manner as my Executrix or Executors shall determine. B. For purposes of fully utilizing my generation-skipping tax' a emption if my spouse survives me, my Executrix or Executors may make the election provic~ for in Section 2652(a)(3) of the Internal Revenue Code of 1986, as amended (the "Internal Rlev mue Code") to the extent my Executrix or Executors has/have elected to treat all or part of the p aperty passing under this will or under any deed of trust of which I am the settlor as "qu~li i~d terminable interest property" under Section 2056(b)(7) of the Internal Revenue Code. C. My Executrix or Executors may elect not to have the d~ ed allocation provisions of Section 2632(b) of the Internal Revenue Code apply to transfer made by me during my lifetime. D. To the extent that the allocation of any generation-skipping exemption would not result in a particular trust being completely exempt from the generatio -skipping tax, the Trustees shall separate such trust into two trusts, one of which is exempt fro and one of which is fully subject to the generation-skipping tax. In the case of a trust hich has not received assets at the time the exemption is allocated, the separation shall ocp prior to any funding of the trust. A trust which is completely exempt from the generation-skip Ong tax shall be referred to as an "exempt trust" and a trust which is subject in any part to'. e~ generation- 7 skipping tax shall be referred to as a "non-exempt trust". E. If the Trustees separate a trust into an exempt trust and a under the immediately preceding paragraph: (1) Any person who has a power of appointment with rasp may exercise such power differently as between the exempt trust and the non-ever (2) The percentage or fraction of principal that a bi withdraw shall be calculated with respect to the total principal held in both the ea exempt trusts. However, so long as there is any principal held in the non-extrr maximum extent possible any withdrawal shall be paid from the non-exempt trust. (3) If the Trustees have the discretionary power to distrbL trust among "skip persons" and "non-skip persons" as defined in Section 2613(b) Revenue Code, the Trustees may exercise such power differently as between the' ea the non-exempt trust. F. In making any distributions hereunder for the various fiduciaries may allocate among such distributions assets which are exempt skipping tax equally or pro rata or on such other basis as they shall in their s discretion determine, taking into account possible needs of beneficiaries for principal, possible appreciation in the value of trust assets during the beneficiaries or such other factors as the fiduciaries consider significant. 8 I ~_ i_ ~ exempt trust to that trust trust. ~ficiary may ipt and non- trust, to the income of a the Internal ipt trust and my a generation- ~nd absolute ions of of the 0 G. The Trustees may combine into a single trust two exempt of the same beneficiary; similarly, the Trustees may combine non-exempt beneficiary. H. No power to expend principal of an exempt trust for a bey "non-skip person" as defined in Section 2613(b) of the Internal Revenue Code by the Trustees so long as there is any principal held in anon-exempt trust trustee has a similar power to expend principal for such beneficiary. for the benefit for the same who is a be exercised in which the I. In addition to all other powers set forth in my Will, if aft death of a beneficiary other than my spouse, including a person who becomes a beneficiaryy ~uusuant to the exercise of a power of appointment under my will, there is principal held in a ~no~-exempt trust for that beneficiary and if in the absence of this power of appointment there wb d be a taxable termination with respect to such trust as defined in Section 2612 of the Internall avenue Code, such beneficiary shall have the power by will containing a specific reference'to this power of appointment to appoint any part or all of such principal outright to any one or rrlo a of his or her creditors and the creditors of his or her estate. Upon the beneficiary's death, to a extent he or she fails to exercise effectively such power of appointment, the Trustees ~h 1 pay to the beneficiary's estate or to the tax authorities an amount equal to any increase in eft ~, inheritance and other death taxes, and interest and penalties thereon, payable because of the i clusion of the unappointed principal in the beneficiary's estate for tax purposes. The remainpn hmappointed principal shall be distributed in accordance with the terms of the trust. 9 FIVE. The Trustees, as well as my Executrix or Executors, shall h4 powers, in addition to those vested in it by law, for my property held for 1 beneficiaries, whether income or principal, exercisable without court approval the distribution of all property under the terms of the trusts set forth in Pa Paragraph Four above: the following benefit of my effective until raph Three or The Trustees, at their discretion, may compromise claims, borrov~v pney or retain property for such length of time as it may deem proper, sell lease, pledge, Trio gage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion o trust property for such prices and on such terms in public or private transactions as it may de m proper; and invest trust property and income without restrictions to legal investments. Thel d termination of the Trustees with respect to the advisability of making payments out of the incor~ie dr principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding n all persons howsoever interested in the respective trust. Further, the Trustees shall be authjo zed to receive additions to the respective trust of any kind or any property whatsoever from sb cis other than my estate and at any time in the sole discretion of the Trustees. i SIX. I hereby nominate and appoint my spouse, CAROL J. HEUS R, to be the Executrix of this my Last Will and Testament. If my spouse has predeceased me, failed to qualify, renounced or ceased to serve as Executrix for whatever reason, I then alp opnt my sons, JEREMY PRICE HEUSNER and PATRICK DAY HEUSNER to serve as Execlut rs of this my Last Will and Testament. 10 ~_ , SEVEN. I hereby nominate and appoint JEREMY PRICE HEUSNEIR ~nd PATRICK DAY HEUSNER, to serve as Trustees of all trust(s) created herein. ~I EIGHT. No Executrix, Executors, or Trustees acting hereunder shall b'e ~equired to post bond or enter security in this or any other jurisdiction. NINE. No person or persons shall benefit hereunder unless such 'b~n~ficiary shall survive me for a period of at least sixty (60) days. I~'i TEN. No beneficiary may assign or anticipate his or her interest i~ y income or principal held or distributable hereunder; and no beneficiary's creditors may a or otherwise reach any such interest. ELEVEN. If any person or institution entitled to share in any distrilbu ion under the terms of this my Last Will and Testament becomes an adverse party in any procee i#~g to contest the probate of this Last Will and Testament, such person or institution shall for$ei his, her or its entire interest inherited hereunder and all provisions in favor of such person or ' stitution shall be declared void and of no effect. The share of such person or institution so I'o eited shall be distributed as part of the residue pursuant to Paragraph Three G. hereof except that f such person or institution is entitled to share in the said residue, that interest shall'. e, distributed proportionately to the other residuary distributees. 11 TWELVE. The validity and administration of any trust established her tinder and any question or disputes relating to the construction or interpretation of any salid trusts shall be governed and construed in accordance with the laws of the Commonwealth of 1?~e svlvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~~ day of July, 2000. ', ~~;~-P~ ALBERT P. H Signed, sealed, published and declared by the above-named person as and ~dr a Last Will and Testament, in our presence, who at said person's request, in said person's pr$s~~ njce and in the II presence of each other have hereunto set our names as subscribing witnesses. ', 12 ACKNOWLEDGMENT A_ND AFFIDAVIT WE, ALBERT P. HEUSNER , JR., SHARON L. SCHWALM, a>q~d MARTHA L. NOEL, the testator and witnesses respectively, whose names are signed Ito the foregoing instrument, being first duly sworn, do hereby declare to the undersigned testator signed and executed the instrument as his last will and that he had sip that he executed it as his free and voluntary act for the purpose herein expressed', the witnesses, in the presence and hearing of the testator, signed the will as a wit the best of their knowledge the testator was, at that time, eighteen years of age qr mind and under no constraint or undue influence. ALBERT P. HEUSNER, JR. SHARON L. SCHWALM L. NOEL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by ALBERT P. HEl testator herein, and subscribed and sworn to before me by SHARON L. SCHW MARTHA L. NOEL, witnesses, this 20th day of July, 2000. ~•~ Notary Public ~_ Notarial Seal Roger B. Irwin, Notary Public Carlisle Boro, Cumberland County y , mmission Expires Oct. 3, "000 kl' >:r. t'ennsylvaniaAssociation o. !.~<< ries ibrity that the willingly, and tEi that each of 'Ss and that to lder, of sound [t, JR., the and