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HomeMy WebLinkAbout02-11-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Shirle A. Prosser also known es ,Deceased Brian .Prosser Petitioner(s), who lalare 18 years or age or oiuvr, aNVrn,o~l ~~~ (COMPLETE A' or'8' BELOW:) EX@CUtOr named in the ~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the last will of the Decedent dated 11112/1998 and codicil(s) dated 11/16/2004 (State relevant dreumstences, e.g., renunciafbn, death o/execufor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: artli tt~ S nJ~ 4 n p~~~b ;/ ^'en r~ 01 r~<a'~b IN ~~t'~ ~ Yo~+t15' i-o/ d t ~r[v ~a d AZ`1 e,5T4~ 13~.r1 NS ~1 f r)'7fil+lh I Jt~rl P ..~ rte t ttcl r h I a~~ m[ B. Grant of Letters of Administration rCa e, en K. C..b.; .n.C..9.; n e e; also e B 8; wren B Ile 8 if Petitioner(s) after a proper search has !have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If ,~ Administration, c.t.a. or d.b.n.c.t.a., enter date of Will !n Section A abo+re and complete list of heirs.) s 1 IV .J Name (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 200 S. 18th St., Camp Hill (Borough), PA 17011 COUNTY, PENNSYLVANIA File Number 21 -11 -- ~'~~Q Social Security Number 185-26-9486 ri ~~ Decedent, then 77 years of age, died on 0 111 61201 1 al Holy SpirR Hospital East Pennsboro Twp. Cumberland County, PA Decedent at death owned property with estimated values as follows: (Ii domiciled in PA) All personal property $ (If not domiciled in PA) Personal properly in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: 200 S. 18th St., Camp Hill, PA 17011 230,000.00 175,000.00 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 appropdate form to the undersigned: or name and residence 200 S. 18th St. Camp HII~A 17011 ~~ 'T'1 rT-r -v C'1 rT7 ~~~ t>v I ~~~ ~7 iii-=j 3IC _.~- art Rev. 10.13.2008 Copyright (c) 2008 form sa8were orNy The Lacbrer Group, Inc. ~ ~ ~ 2 ~~~ Q Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland } The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petkion 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. n i ,-q. n Sworn to or affirmed~aln~df~subscribed beforee me this ~.~_ day of the Register File Number: 21 - 11 ' Q ~ O~p ,Deceased Estate of Shirley A. Prosser Social Security Number: 185-26-9486 Date of Death: 01/16/2011 ~_ , in consideration of the foregoing Petkion, satisfactory proof AND NOW, having been presented before me, IT I D CREED that Letters Testamentary are hereby granted to Brian T. Prosser in the above estate and that the instrument(s) dated 1111211998 11/16/2004 described in the Petftion be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES O Letters ............................................ $ 1 r Short Certificate(s).....1..~ J•~~••~~• $ ~ $_ ~~rv.~ $ $ %~~,J $ -- £~ ~ $ $ $ $ $ TOTAL .................................... $ (~1 ~S Att Supreme Courl I.D. No.: 21542 Ball, Murren 8 Connell Address: 2303 Market Street Camp Hill, PA 17011 Telephone: 7171232$731 Page 2 en 2 Form RW-OY Rev. 10.732006 CoPYhghr (c) 2008 farm software onry The Lackner Group. Inc. ,-.. ' - ~ C-~ Attorney Name: Richard E Connell Esq 105.µ05 KEV mVfl71 LOCAL REGISTRAR'S CERTIFICATION OF DEATH ~ I ~ , ~~ WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 17046895 Certification Number 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 to the State Vital Records Office for permanent filing. ~~~~,.,.. Y raw 9 ~» ocal Registraz Date Issued a aEV WHEN COMMONWEALTi OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS / vnRr ~ (9M ICEnEVUetlonE NltltlplM MA1NM) STATE FllE M11ASER ~ r~s ~ aa ~`1 ~ T r+~ W C7U C' }71 ~tll ""~ r 1 ~ r ~ - ~ "D og ' ' ~` _~ _~ ~ D ~ ~ `''~ C' 1. Mgrd Drarq (RrI. raEA br wo 2 Br B rdr E..h N.rr I. Ora l d.n IAbrt. '~I011 9486 Janua 1 26 185 l F ry , _ _ ema e Shine A. Prosser a k.0.Ar BYIiOp) urr t wrr f 6 or a ewn 7. rdd.b a ea ebrd Orb ar rqr. oy. 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Cllif (Ilra ap a•) 9L. • r+rhbEOM+~I~n~~Mwarraerbw~a~gmna pMrrr ira~~~+b.r.r~p.sa~r. asl T.rrra dry.w~rrbwr~.Mr.w...w ^ ~w+ r --°----°---------°------------ w I . l ~. aa.an~a~ndn,r..I • hwerMN•ir lrOyMly,Iry.Mr ~lyrrnbabprrnrgrrl rr Ora/ilEbtrMaE MI~ TOMrd•7rrwEArr•wrd atll.r~rrrgrllrErllYbYreVy1rrrwgrr rrld------------------ rwlE • IYMrC s ~/ /t lr r dlrrrlb rrrrYWeA rrlrrrrl~regbaYi~4lr.amndrM.Ir,dr.,wi Mlr~rriMrblMOr~d.wiar rrgL ^ 91.p~rtl aPw.en Nlb OaRMnCrr dDrri / ~Nli'~s ~' _. . ~d ~ -n ,.ct K'ldb 9 R.drW. ~ .r io2~ ~~07~ ~~ q. T., ?of 70! p . / / a 1 awrEOn r«Rr rb. 0542388 _. LAST WILL AND TESTAMENT - ~~~ ~.~ ~~ SHIRLEY A PROSSER ~~~ ri h~'i~ '~ O _ ~€: ,D~ fJ ~'' Q KNOW ALL MEN BY THESE PRESENTS, that I, SHIRLEY A. PROSSERr presently residing in Camp Hill, Cumberland County, Pennsylvania, do hereby make, declare, and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me at any time. PAYMENT OF EXPENSES I: Payment of Expenses. I direct that my Executor, hereinafter named, shall have the power, but not the duty, to pay all my just debts, expenses of my last illness, and funeral expenses from my estate as soon after my decease as shall be found convenient. II. Personal and Household Effects: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to my son, BRIAN T. PROSSER. III. Residuary Estate. I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever and wherever situated. to my son, BRIAN T. PROSSER, if he survives me by thirty-one days. If my son has predeceased me or dies within thirty-one days after my death, I give the residue of my estate in four (4) equal shares as follows: A. One equal share to my daughter-in-law, MARGIE PROSSER, if she survives me by thirty-one days, and if at the time of my son's death, she and he were living together as husband and wife, were not separated or were not in the process of obtaining a divorce. In the event, that at my son's death, he and MAR,GIE were divorced, were not living together as husband and wife, were separated or were in the process of obtaining a divorce, or if MARGIE predeceased him, this share shall pass to the other beneficiaries named herein in subpart B. OF B. The other equal shares, one each to my grandchild, KELLY PROSSER and to my step-grandchildren, RICHARD J. PATE and JOANNA PATE, but for each of these beneficiaries who has not attained the age of thirty- three years, said share to be placed , IN SEPARATE TRUST NEVERTHELESS, with my Trustee named for the following uses and Purposes: My Trustee shall invest and manage said separate shares as separate Trusts, and make distribution as follows: 1. During the lifetime of my grandchild/step-grandchild: a. The net income from his or her Trust shall be paid to him or her in quarterly or other convenient installments; b. As much of the principal of his or her Trust as the Trustee, in his absolute discretion, may from time to time think desirable -taking into account funds available from other sources -for the health, support, maintenance or education of him or her or any of his or her descendants either shall be paid to that person or shall be applied directly for those purposes; c. The beneficiary shall have the right to withdraw up to one-third of the principal of his or her Trust at any time after reaching 23 years of age; one-half of the principal of his or her Trust at any time after reaching 28 years of age; and the entire balance thereof at any time after reaching 33 years of age (the maximum portions subject to withdrawal before a child reaches 33 years of age to be based on the market value of the principal of that child's Trust at the time of his or her first request after reaching age twenty-three (23)). 2. At the death of any said beneficiary of .mine, or if such beneficiary predeceases me, I give the remainder of the Trust principal and undistri- buted income: a. To the then surviving issue of such beneficiary; or, in default thereof; b. To the shares of my other grandchild/step-grandchildren, per atirpes. 3. If not previously terminated, all trusts created hereunder shall terminate twenty-one (21) years after the death of the last survivor of my son, at which time Trustee shall distribute the principal to the persons -2- r then receiving income in the same proportions as their right to income at that time. IV. Powers of Appointment. No provision of this Will shall exercise any power of appointment I may have. FIDUCIARIES V. Executor. I hereby nominate, constitute and appoint my son, BRIAN T. PROSSER, Executor of this my Last Will and Testament. In the event that he should predecease, not survive me, or decline the appointment, I appoint my attorney, RICHARD E. CONNELL, as Executor. VI. Trustee. I hereby appoint RICHARD E. CONNELL as Trustee of the trusts herein created. My Trustee may resign at any time without Court approval. VII. Compensation of Trustee and Executor Any individual Trustee or Executor hereunder may receive an amount equal to the compensation which would be paid to Dauphin Deposit Bank & Trust Company (or its successor) if serving as a fiduciary in accordance with its then standard schedule of fees. Regardless of whether or not such individual chooses to accept such compensation, he shall be reimbursed for all expenses incurred as a result of so serving. VIII. Bond. No Executor (or Trustee) shall be required to give bond or enter security for the performance of their duties. ADMINISTRATIVE PROVISIONS IX. Management Provisions. My Executor and Trustee shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: A. Se1lll,ease. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time, and upon such terms and conditions as he shall deem wise. B. Retain/Invest. To retain and to invest in all forms of real and personal property, including common trust funds, mutual funds and money market deposit accounts regardless of any limitations imposed by law on investments by executors or trustees, or any principle of law concerning investment diversification. r C. Title to Property. To cause any security or other property which may constitute a portion of a Trust to be issued, held or registered in his own name, or in the name of a nominee, or in such form that title will pass by delivery. D. Capital chanties. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization,. the securities of which constitute a portion of a Trust or of my estate, and to take any action with reference to such securities which, in the opinion of the Trustee or Executor is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to them as the owner of any securities constituting a portion of a Trust or of my Estate; to accept and hold as a portion of a Trust or of my Estate securities resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. E. Expense of Trust or Estate. To pay all costs, taxes, charges and expenses in connection with the administration of a Trust or of my Estate. F. Allocate. To determine what is "income" and what is "principal" hereunder, and his decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Trustee or Executor may determine. G. Borrow. To borrow money from any person, firm or corporation, for the purpose of protecting and preserving or improving my Trust or Estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. X. Protective Provision: To the greatest extent permitted by law, before actual payment to a beneficiary no interest in income or principal shall be (i) assignable to a beneficiary or (ii) available to anyone having a claim against a beneficiary. XI. Death Taxes: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this will or not, shall be paid out of my residuary estate; that my Executor pays, or provides for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. -4 XII Tax Options. I authorize my Executor to exercise any options available in determining and paying death taxes in my estate. IN WITNESS WHEREOF, I, SHIRLEY A. PROSSER, the Testatrix of this, my Last Will and Testament, typewritten on five (5) sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and. seal this /~.'°day of November, 1998. ~e ~~ SHIT LEY A. PROSSER The preceding instrument consisting of this and four (4) other typewritten pages, each identified by the signature of the Testatrix, SHIRLEY A. PROSSER, was on this day and date there of signed, published and declared by, SHIRLEY A. PROSSER, the Testatrix therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, SHIRLEY A. PROSSER, Testatrix 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. SHIRL A. PROSSER Sworn or affirmed to and acknowledged before me, by SHIRLEY A. PROSSER, the Testatrix, this /~~ day of November, 1998. (SEAL) Notary Public n+ora~ut seAt GIOAlA A. CUDDINGTCMd, Notary hiblt Comp WI9 Doro, Cun+bwland Cantor. PA Mr ComwtiiNnn Exphri fob. lA. JOQZ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, Nancy L. Loper Barbara J. Durlin , and Richard E. Connell ,the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or influence. ~~~ ~.~ Sworn and armed to and subscribed to before me by Nancy L. Loper and Barbara J. Durlin and Richard E. Connell ,witnesses, this 12th day of November, 1998. (SEAL) ' Notary Public/J G~.~?+?~:& ~.. r.,.~;~,'r~4^'fvU. Nosary Pubie Gurrw,, [y~,~ ;~sy, f_';w~abaclost9 CaiMy, PA pA~r Cemmict~axi Eupimt Feb. 14. 4002 `. CODICIL TO THE LAST WILL AND TESTAMENT OF ySHIR1,EY A. PROSSER I, SHIRLEY A. PROSSER, having made my Last Will and Testament dated November 12, 1998, do hereby make, publish and declare this to be the sole Codicil to my said Last Will and Testament. I. I hereby delete Item III. of my Will and insert, in its stead: III. RESIDUARY ESTATE. I GIVE, DEVISE AND BEQUEATH THE REST, RESIDUE AND REMAINDER OF MY ESTATE, WHETHER REAL, PERSONAL OR MIXED, AND OF ANY NATURE WHATSOEVER AND WHEREVER SITUATED TO MY SON, BRIAN T. PROSSER, IF HE SURVIVES ME BY THIRTY-ONE (31) DAYS. IF MY SON HAS PREDECEASED ME OR DIES WITHIN THIRTY-ONE (31) DAYS AFTER MY DEATH, I GIVE THE RESIDUE OF MY ESTATE TO MY GRANDCHILD, KELLY PROSSER, PROVIDED THAT IF SHE HAS NOT ATTAINED THE AGE OF THIRTY-THREE (33) YEARS HER SHARE IS TO BE PLACED, IN SEPARATE TRUST, WITH MY TRUSTEE NAMED HEREIN FOR THE FOLLOWING USES AND PURPOSES: MY TRUSTEE SHALL INVEST AND MANAGE SAID SHARE AND MAKE DISTRIBUTION AS FOLLOWS: 1. DURING HER LIFETIME: a. THE NET INCOME FROM HER TRUST SHALL BE PAID TO HER IN QUARTERLY OR OTHER CONVENIENT INSTALLMENTS; b. AS MUCH OF THE PRINCIPAL OF HER TRUST AS THE TRUSTEE, IN HIS ABSOLUTE DISCRETION, MAY FROM TIME TO TIME THINK DESIRABLE -TAKING INTO ACCOUNT FUNDS AVAILABLE FROM OTHER SOURCES -FOR THE HEALTH, SUPPORT, MAINTENANCE OR EDUCATION OF HER OR ANY OF HER DESCENDANTS EITHER SHALL BE PAID TO THAT PERSON OR SHALL BE APPLIED DIRECTLY FOR rs THOSE PURPOSES; ~ `=' ~~ ~~~ ~ m -o r*i ~ ~ ~A ~ C7 W ~'~; .'[5 ~~-~ r ~ ~ V ©C ~ ~O E ~f'"s :::~ 1 ~~~ ~ `~ '= - 1 - v ~ ~:y ~_ rri n y ~.~ ~ o c. SHE SHALL HAVE THE RIGHT TO WITHDRAW UP TO ONE-THIRD (1/3) OF THE PRINCIPAL OF HER TRUST AT ANY TIME AFTER REACHING TWENTY-THREE (23) YEARS OF AGE; ONE-HALF (1/2) OF THE PRINCIPAL OF HER TRUST AT ANY TIME AFTER REACHING TWENTY-EIGHT (28) YEARS OF AGE; AND THE ENTIRE BALANCE THEREOF ANY TIME AFTER REACHING THIRTY-THREE (33) YEARS OF AGE. 2. AT THE DEATH OF ANY SAID BENEFICIARY OF MINE, OR IF SUCH BENEFICIARY PREDECEASES ME, I GNE THE REMAINDER OF THE TRUST PRINCIPAL AND UNDISTRIBUTED INCOME: a. TO THE THEN SURVIVING ISSUE OF SUCH BENEFICIARY, OR, IN DEFAULT THEREOF; 3. IF NOT PREVIOUSLY TERMINATED, ALL TRUSTS CREATED HEREUNDER SHALL TERMINATE TWENTY-ONE (21) YEARS AFTER THE DEATH OF THE LAST SURVNOR OF MY SON, AT WHICH TIME TRUSTEE SHALL DISTRIBUTE THE PRINCIPAL TO THE PERSONS THEN RECEIVING INCOME IN THE SAME PROPORTIONS AS THEIR RIGHT TO INCOME AT THAT TIME. II. I hereby amend Item VI. of my Will by adding the following sentence: IF MY TRUSTEE RESIGNS AS PROVIDED HEREIN, I GIVE HIM THE POWER TO APPOINT AN INSTITUTIONAL TRUSTEE LICENSED TO DO BUSINESS IN THE COMMONWEALTH OF PENNSYLVANIA AS MY TRUSTEE TO SERVE IN HIS STEAD. III. I hereby amend Item VII. of my Will by deleting "Dauphin Deposit Bank & Trust Company" and inserting in its stead: M&T BANK N. In all other respects, I hereby ratify, confirm and republish my Last Will and Testament dated November 12, 1998, together with this sole Codicil, as and for my Last Will and Testament. IN WITNESS WHEREOF, I, SHIRLEY A. PROSSER, the Testatrix to this Codicil to my Last Will and Testament, typewritten on three (3) sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal this /~ day of 7'j , 2004. (SEAL) SHIR A. PROSSER ~~ ~. The preceding instrument consisting of this and two (2) other typewritten pages, identified by the signature of the Testatrix, was on this day and date thereof, signed, published and declared by SHIRLEY A. PROSSER, the Testatrix therein named, as and for a Codicil to her Last Will and Testament, in the presence of us, who at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ;s'r;e~ p ~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, SHIRLEY A. PROSSER, Testatrix, 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 a Codicil to 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. __ SHIRLE A. PROSSER Sworn or affirmed to and acknowledged before me, by SHIRLEY A. PROSSER, the Testatrix, this ~~ ~ day of `~(a~- , 2004. ;~ Notary Publ I~fl4lt1A1.8EA1 ~l (x~=3, Putt C2, H~+ l~~~s, ~d COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: r-- We, .Tines J. /~a Ksel ,and ~/clla~c/ ~, ©n ry e / / , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw SHIRLEY A. PROSSER sign and execute the instrument as a Codicil to her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to ~}d subscribed to before me by ~m~5 ~% /~4 ~Se/ and /~icfx+~l ~ ~nne// ,witnesses this ~~ %' day of ~joUe,,, ber , 2004. ~~ i Notary ubli (3LQ~t}MAJ. (C~F`~ ~.I'Y`~l, ~'~ G~ri~;a I~~f g`~, ~ ~~..~; .,. __~ ~.e^.~^_: