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HomeMy WebLinkAbout09-27-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Fdsfn aF James Howard Patterson ~'~ Fie Number 21 - 10 - O9~q ako known as James H. Patterson rensonerts), wno tsrare i is years of age or over, apptyties) ror. (COMPLETE ;4' or 9' BELOW.-) ^X A. Probate and Grant of Letters Testanrerrfary and last YYdI of the Decedent dated 10/30/2007 and Soaal Severity Number 17420-9845 that Petitioner(s) is/are the iNs) dated lacecutor named in the Except es folows, Decedent did not marry, was not divorced, ands did not have a child bom or adopted after exevetion of the instrumerd(s) offered fa probate, was not the victim of a MNing and was never adjudicated an incapacitated person: B. Grant of !.afters M Admkristrafiort Petitioner(- s) after a proper search has /have ascertained that De~edent left no Wdl and was suvived by the foNowing spouse ('rf any) and treirs: (lf Administration, c.t.a. or d.b.n.c.t.a., enter date of ill in Section q above and complete list of heirs.) Name Relati nship Residence o ~ ° N 'r ~ '~ r~~ ~. ~ r 1 ~ ? ~ .~ rP ' "7 7D J m (COMPLETE IN ALL CASES') Attach addkionaJ sheets if Hates ry. ~ ~ IV ~ '~ ~ ~ Decedent was domicled at death in Cumberland County, Pennsylvania with his /her last pr~apal residencel~i N 5225 Wilson Lane - tt2116 Mechanicsbu L. Allen T . ,Cumberland Coun , PA 17055 (~ weer , roanJcRy, roarelrlp, courtly, stets, tip cods) Decedent. then 83 Years of age, died on 0$/23/2010 at Holy Spirit Hospital (E. Partrrsboro Twp.), Cumberfand Courrty, PA Decedent at death owned property with estimated values as fob (H domirdkd'm PA) AN personal pro arty $ 525,000.00 (If not domiciled in PA) Personal props in PerstsyNarda $ (If not domkdlad in PA) Personal props in County $ VaNre of real estate tir Pennsylvania $ Unknown sitirated as follows: 60 sere treat of land bcabd in Lack p., Juniata County S8 acro tract of Isrrd krca/ed in Beak ., Juniata Courty undivided 1t2 brtaest in a 400 acre or land in Lacit Twp., Juniata County 86 acre feet d land heated In Lack ., Juniata Courrty Wherefore PetiUOnx(a) rsspectfury requssgs) the probate of the tpt Wit the underai0nsd: Cadict(s) proaerrted velar this Pe4tlon and the grant of Letters in the appropriate farm to Signaturo Typed or printed name and residence yNis Yown Patterson ti226 Wilson Lane -Apt. 1x2116 ,r^ IlMchanicsbury, PA 17066 II I C romr Rw. t0.1s-2ooe QuPrrWM tc) form aottrrre oMy rns tadawr C+rWp, ix. Prpe ~ a s Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS couNrr of Cumberland } The Petitioner(s) above-named swear(s) or affirm(s) that the atatemer~ in the foregoing Petltlon are true and correct to the best of the knowledge and belief of Petiliorrer(s) and that, as personal representative(s) of the Decedent, Petitioner(s) wBl weN and truly administer the estate according to law. Swom to or affirmed and suba<xibed Yocum Patterson N N k~~ .. social Secruily Nu bar: 174-20-9845 Date of Death: 08/23/2010 AND NOW, fin( , in consideration of the foregoing Petition, satisfactory proof _^rT having been presented before me, IT IS DECREED titat Letters Testamentary are hereby grarRed to Phyllis Yocum Patterson m the above estate and that the instrument(s) dated 10/30/2007 described in ttre Petition be admitted to probate and fled of record as the last Will (and Codidl(a)) of Decadent. FEES ~ . O, y Letters ........................................... S lJ Short Certificate(a, ........................ s 1(0, ~ Renundation(s) ............................. S ~~`~l s /VDU S ~3. 3 ~, 5 S S S a s TOTAL .................................... 3 5( Supreme Court I.D. No.: 53353 Law Office of Scott M. Dinner Address: 3117 Chestnut Street Camp Hill, PA 17011 Telephone: 7171761-5800 rti+mr RVK02 ~. to 1&2008 Copyrfph! (ci 2008 roan aolW+en ady The Ledmsr Group, Ina. Ppe 2 ar 2 Estate of James Howard Patterson , Deceaseg Attorney Signature: Attorney Name: Scott M Dinner Esq HIOS,4ps R6V !01!(1') 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 16809167 Certification Number /v - 9s~ This is to certify that the information here given is coaectly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwazded to the State Vital Records Office for permanent filing. 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Na Oh~4~Ol !o_~j LAST WILL OF J.~MES HOWARD PATTERSON I, James Howard $atterson, presently of 320 Pinewood Drive, Shiremanstown - Allen Annex, Cumberland County, Pennsylvania, declare this to be my Last Will hereby all Wills and Codicils previously made by me. I declare that I am married to PhyWs Yocum Patterson and that all references in this to `my Wife' are references to her. I declare I have three children now living: my daughter, Terri Sue Patterson, 51 years old and residing, in Lansdale, Pennsylvania, my son, Robert J. Patterson, 49 years old and residin~*. in Roswell, Georgia, and my son, James Kirk Patterson 45 years old and residing in Dillsburg, Pennsylvania. All references in this ~1Vi11 to `my 'include only the above marred individuals. ARTICLE I Payment of Debts/Expenses: I direct the payment of my legally enforceable debts .Scoff M. Dinner Allorne, sl lsw 3117 Cha.[,,,.i Sic Cd„p H81, PA 17011 tali f717) 761.58f)n F~:f717)761-5008 and the expenses of my last illness and funeral., from my residuary estate as soon after my death as may be convenient. ,. n ~ Gf 1 ~ v h~ _'y' ^~T ~` 6 'C' ~~l • y .. ~.~ .,, . ~ ~~ e~.7~`s -2- ~TICLE II Personal Progerty~and Household Effects: I give certain items of my household and tangible personal;property to my friends and family in accordance with the terms of written memorandum which I hive prepared. I bequeath any such property not disposed of by memorandum, or all of such property if the memorandum is not located or received by my Representative, to my Wife. Further, should my Wife fail to survive me and no such is found, then my Personal Representative shall distribute my personal property and effects to my children, in shares of substantially equal value as determined by my Representative. If the written memorandum referred to in this ARTICLE II is not located or received my Personal Representative w#thin sixty (60) days after taking office as such, after and upon the of a reasonable search for such memorandum, the Personal Representative shall be held for distributing such property as hereinbefore provided. ARTICLE III Establishment of Credit Shelter Trust: I give to my Wife and to my daughter, S. Patterson, as Co-Trustees, in Trust (the "Credit Shelter Trust"), in addition to all assets directly by the Co-Trusties that are excludable from my gross taxable estate for Federal ScoEE M. Dinner AUorne7 el l.nw au7 cle~,,,,~ s~ <'e.~p H~11, PA 17011 ceL•1717) 761-5800 fa.: f717) 761.5008 estate tax purposes, assets of a todal value equal to the largest amount, if any, that can pass free of Federal estate tax by reason of th$ unified credit (under section 2010 of the Internal Revenue Code) and any other credits available fob Federal estate tax purposes except (1) the state death tax credit -3- extent that use would require an increase in the amount of state death taxes paid and (2) the for tax on prior transfers to the extent that credit arises from transfers to me from individuals die after me. Such latter amount shall be reduced by the value for Federal estate tax purposes any gifts which do not qualify for the marital or charitable deduction made by me under this Will otherwise, and further reduced by an amount equal to the sum of atl charges to principal, except taxes (since I direct hereafter that such death taxes be paid from this Credit Shelter Trust), are not deducted in computing my Federal estate tax. In no event shall the dollar value of the passing to this Credit Sheltier Trust exceed $2,000,000. (not including those assets that may disclaimed by my Wife as hereinafter provided in ARTICLE V or as otherwise disclaimed by I recognize that depending upon the amount of bequests under my Will, my dispositions, the amount of state death taxes and administration expenses, and factors, this Credit Shelter Trust might benon-existent or might consume all estate assets, so no assets may remain to pass outright to my Wife pursuant to the residuary gib under the of ARTICLE V hereafter. ARTICLE IV Distribution of thq Credit Shelter Trust: A. The assets of the Credit Shelter Trust shall be held and distributed on the S~4E M. DinnEr Ai~~,e, .i L.w 3117 CM,~n~i S~ Cernp Hill PA 17011 kl:(717) 761-5800 fex: (7171 761.bW8 following terms during the lifetilme of my Wife: -4- 1. Income end Principal Distributions: The Trustees shall pay and distribute to my Wife or for her benefit the entire income therefrom, which payments shall be made to her periodically, but not less frequently than quarterly. In addition, the Trustees shall from time to time pay to my Wife, or shall apply directly for her benefit, as much of the principal of this Credit Shelter Trust as the Trustees may consider necessary or advisable for her health, education, support or maintenance (or any combination of them). 2. Power o$ Withdrawal: in any taxable yeaz of the trust, my Wife shall have the right to withdraw the greater of $5,000 or 5% of the principal of this Credit Shelter Trust valued as of the date such request for withdrawal is received by the Trustees. The value of the principal is to be conclusively determined by the ~o-Trustee other than my Wife. The right of withdrawal shall be iexercised only in writing and delivered to the Trustees and the right of witHdrawal shall not be cumulative. B. Upon the death of my Wife or at my death if she shall have predeceased me, then Trustees shall distribute the balance of the Credit Shelter Trust to my children, per stirpes. If at time any beneficiary entitled to receive principal from the Credit Shelter Trust estate pursuant this subparagraph B. is a minor or an incompetent or a person whom the Trustee(s) deem unable handle the funds properly or wisely if paid directly to the beneficiary, the Trustee(s) in their may make payments in any one or more of the following ways: 1. To the natural guardian or legally appointed guazdian of the person or estate of the beneficiary; SCOEE M. Dinner Auo.mar .c l,.w 3117 C6rs~at S~ Comp Hill, PA 17011 [~I: (717) 7G1-6800 f~: (717) 761-51H)8 2. By making expenditures directly for the care, support, maintenance, or education of the bel}eficiary: or 3. To any person or organization fiunishing care, support, maintenance, or education for the befneficiary. -5- The Trustee(s) shall not be required to see the application of any funds paid or applied in any aforementioned ways and t~le receipt of the payee shall be full acquittance to the Trustee(s). C. In the event that lone or both of my co-Trustees named in ARTICLE III are to serve, then I appoint my sons, Robert J. Patterson and James Kirk Patterson, to serve (in order named) in their place. If no named Trustees can serve, then I appoint Manufacturers and Trust Company (M&T Bank) and its successors, to serve as successor Trustee of this Shelter Trust. ARTICLE V Residua.~ry Estate: If my Wife survives me, then I give the rest, residue and of my estate outright to my Wife free of all trusts. In the event my Wife does not the assets shall be added to a~d be held and distributed in accordance with the terms of my Shelter Trust pursuant to ARTICLE IV. Furthermore, if my Wife disclaims all or any part .Scoff M. Dinner ALlnrne, e( l.ew 3117 Che.cnat Su.~ C,~p H~II, PA 17011 ~L•(717) 761-5600 f~: V17) 761.5008 of her interest in this residuary gift, such disclaimed property shall be added to and be held and distributed in accordance with the terms of the Credit Shelter Trust. If for any reason the Credit Shelter Trust shall not have been created or shall have been exhausted, such property shall be held and distributed on the same term set forth for the Credit Shelter Trust pursuant to ARTICLE IV. ARTICLE VI Protection >(rom Improvidence: No interest of any beneficiary under this Will or any codicil hereto shall b$ subject to anticipation or voluntary or involuntary alienation. -6- ARTICLE VII Personal Re r~ative: I nominate and appoint my Wife to serve as my Personal of this Will. In the event of the death, resignation, renunciation or inability to act of Wife, then I appoint my daughter, Terri S. Patterson, my son, Robert J. Patterson and my son, Kirk Patterson, to serve (in the order named) as my successor Personal Representative. ARTICLE VIII Fiduciary's Performance and Powers: No fiduciary under this Will shall be uired to give bond or other sequrity for the faithful performance of the fiduciary's duties. Any such fiduciary Shall have the following powers, in addition to those given by law: 1. To retain any property, pending distribution hereunder, to invest in or purchase Orly property without restriction to legal investments for fiduciaries, tp distribute property in kind, to disclaim any interest in property, ands to sell any property at public or private sale; 2. To hold shazes of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form ~r unregistered. or in such other form as will pass by delivery; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make) distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributee on a non-prorata asis, and for such purposes to make reasonable determinatlans of current values; Scott M. Dinner Auamey sc Law 3117 Ch~.tnac &R.t Cerny Hill, PA 17011 kl:(717) 761.6800 f.:: (717) 761-5008 5. To make elections, decisions, concessions and settlements in connection ~jvith all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive haze of income or principal of a any person affected thereby; -~- 6. To borrow money from any person including any fiduciary acting hereunder, apd to mortgage or pledge any real or personal property; 7. To manage, control, repair and improve all Estate property; 8. To proclajre and carry at the expense of the Estate, insurance of the kinds, forms; and amounts deemed advisable by my Personal Representative to protect the Estate against any hazard; 9. To employ any attorney, investment adviser; accountant, broker, tax specialist or any other agent deemed necessary in the discretion of my Personal Representative; and to pay from the Estate reasonable compensation for all services performed by any of them. ARTICLE X Death Tazes: My 1~ersonal Representative and Trustees shall pay all estate, :ance and other death taxes Kbut not including any generation skipping tax imposed on a skip), together with interest and penalties, which shall be payable with respect to property or subject to taxation by reason of my death and whether passing under my Will or any or otherwise, including jointly held and other non-testamentary property. My Personal and Trustees shall pay the same out of the principal of the Credit Shelter Trust apportionment. Oniy to the extent the Credit Shelter Trust is insufficient or unless my me shall any such payments be made from my residuary estate. ARTICLE XI SCOEf M. Dinner Allomey .~ L.w 3117 C,l~,n Sic C.,nv H:11, PA 17011 ~„l: (717) 761-6800 f..: 1717) 761-5008 Exempt Property: No property received by my Personal Representative and Trustees which is exempt from Ferderal estate tax that may be assessed against my estate shall be for the payment of debts inheritance and estate taxes or penalties and interest, or expenses in the settlement of my estate. ..g- ARTICLE XII Concurrent Wills: ' My Wife and I aze executing wills at approximately the same in which each of us is the primary beneficiary of the will of the other. These wills are not because of any agreement between my Wife and myself. Either will may be revoked at time at the sole discretion of the maker thereof. ARTICLE XIII Inv li i If any provision of this Will or of any Codicil hereto is held to be invalid or illegal, it is my intention that all of the remaining hereof shall continue to be operative and effective so far as it is possible and reasonable. end of page 8~ Scott M. Dinner .d!(Comey nt l.ew 3117 Ch<.c,.~c Sit Cunp HJI, PA 17011 ~L•(717) 761-5800 lx: (717) 761-LI)n8 5 -9- IN WITNESS WHEREOF, 1 have subscribed hereunto and caused this my Last ill, consisting often (10) typewritten pages, including this attestation clause, to be executed, and published this 30th day of nctober, 2007, at Camp Hill, Fennsylvania. - . ~~-~,o"~ __ James Howard Patterson Residing at 715 2nd Street New Cumberland, Pennsylvania 111 Sholly Drive L~t.~.,./~ _ Residing at Mechanicsburg, Pennsylvania S~Et M. D~~ Ai~.,.Py .i L.w 3117 Chednut S[~.»~t C.,»P Hill, PA 17011 k1: 1717) 761-5800 fex: (717) 761.SW8 V ~_ Residing at 1 1 1 Sholly Drive Mechanicsburg, Pennsylvania -Ia ACKNOWLEDGMENT AND AFFIDAVIT 1WEALTH OF PENNSYLVANIA: OF CUMBERLAND We, James Howard Patterson, Timothy A. Kline, Pameta J. Dinner and Scott M. the Testator and the witnesses, respectively, whose names aze signed to the foregoing being duly qualified according to law; do hereby declare to the undersigned authority the Testator signed and executed the instrument as his Last Will, that he had signed willingly, that he executed it as his free and voluntary act for the purposes therein expressed, that each of witnesses, in the presence and hearing of the Testator signed the Will as witnesses and that to best of the witnesses' knowledge, the Testator was at the time eighteen or more years of age, of nd mind and under no constraint or undue influence. ~~~~ James Howard Patterson On this, the,~~day of October, 2007, before me, Nancy C. Breighner, the undersigned SCOtt M. Dinner A[lorne~ nl liaw 3117 C7hednul Shed Cnmp H~11, PA 17011 al: 1717) 761-b8W 6.: 17171 761.bW8 personally appeared Scott M. Dinner, Esquire, known to me to be a member of the Bar of Supreme Court of Pennsylvania, and certified that he was personally present when the Acknowledgment and Affidavit was signed by the Testator and witnesses.