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HomeMy WebLinkAbout04-01-11PETITION FOR PROBATE AND GRANT OF LETTF;RS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA. Estate of Hilda J. Slagle File Number ~ ~ ~ ~ i ~(.~ / `~ also known as H. Judy Slagle, Hilda Carolyn Slagle Deceased Social Security Number ~ ~ ~ _ =; 2 "" ~-~ Late Of Hampden Township, Cumberland County Petitioner(s), who is/are l8 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 F?xecutors last Will of the Decedent dated October ] 0, 2010 and codicil(s) dated n/a (State relevant circumstances, e.g., renunciation, death of executor, 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: none B. Grant of Letters of Administration (If applicable, enter.' c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante rr:inoritate~ 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 in Section A above and complete list of heirs.) ~ Decedent, then 69 years of age, died on March 30, 2011 at 201 Waterford Way, Lebanon, PA ]17042 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $_ 1,200,000.00 (If not domiciled in PA) Personal property in Pennsylvania $_ (If not domiciled in PA) Personal property in County $_ Value of real estate in Pennsylvania $ 2,000,000.00 situated as follows: 3 properties in Mechanicsburg, Cumberland County, PA 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: Si nature T ed or rinted name and residence ~~j~ ~~~~~~~ ~ ~~o Robert L.Slagle, II, 4033 Center Ave., Lafayette Hill, PA 19444 CC ~~// ~ ._ ~--- ~/ _ ~~ ~ Richard B. Slagle, M.D., 201 Waterford Way, Lebanon, PA 17042 . > `..~ ~`~ I Robert L. Jones, 1509 High Meadow Lane, Mechanicsburg, PA 17055 named in the Form RW-0~~`rev. 10.13.06 Page I Of 2 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~~ ~ Y --,=; Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal e idence at ''"' ~ ~ `~ 6101 Millbank Drive, Mechancisbur~/Hampden Township, Cumberland County, Pennsylvania 17050 (List street address, town city, township, county, state, zip code) .- ., , C"~ ~,~r` r ~~ r O "`" -t~~ ;-~-, Oath of Personal Representative ~ ~' ~~:; '~~~ ~_' COMMONWEALTH OF PENNSYLVANIA _.,M.,. ~ ,... _ •~ 1 ti ~ ~ ~ ~~ r "' COUNTY OF CUMBERLAND `' ~ _ ° ' `° ' ' The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition ar,~kru~ and cort`~ct to ~~ of -~~ °~7 the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will w~H and truly administer the estate according to law. - _ ,f i~~ Sworn to or aftrrmed and subscribed be e me the ``"~ ~ day of .~ ~ ~/ .f ~ i~ For the Register r Representative File Number: ~! ~! " C~ ~~:.~ Estate of Hilda J. Slade ,Deceased y ~ ~ ~ ~ J~ Z ~ ~ ~ ~ Date of Death: March 30, 2011 Social Securit Number: r ,.-- AND NOW, , in consideration ofthe foregoing Petition., satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Robert L. Slagle, II and Richard B. Slade, M.D. and Robert L. Jones ,~ in the abor~'e estate and that the instrument(s) dated October ] 0, 2010 described in the Petition be admitted to probate and filed of record,as the last Will (mod Codicil(s)) of T,3,ecedent. /} f~. FEES Letters ............... $ 1,760.00 Short Certificate(s) ........ $ 84.00 Renunciation(s) .......... $ Automation Fee $ 5.00 Attorney Signature: JCS Fee $ 23.50 Supreme Court I.D. No.: 34538 Will $ 15.00 Address: 101 South U.S. Route 15 ... $ ... $ Dillsburg, PA 17019 ... $ ... $ $ Telephone: (717) 432-9706 ... $ TOTAL .............. $ 1,887.50 Form RW-02 rev. !0.13.06 Page 2 Of 2 Attorney Name: Stephen K. Portko, Esquire ~' -.. n - ,~. ...., „~ `I LAST WILL AND TESTAMENT OF ~ ; , ~ -r:~ ' HILDA J. SLAGLE, a/k/a H. JUDY BEAGLE t - ~:~ Ems, -~~. Ci 1 """" -~ .._. %`. -- - I HILDA J. SLAGLE a/k/a H. JUDY SLAGLE of Mechanicsbur Harr~den ~~ ~~ - ~~; -~ __ r Township, Cumberland County, Pennsylvania, declare this to be my Last Will aric~Testamefi~ `~'~---' ..~._~,: and revoke all prior Wills and Codicils made by me. FIRST: I am not married. I have two (2) adult children, ROBERT L. SLAGLE II and RICHARD B. SLAGLE. I have three natural born grandchildren, ROBERT L. SLAGLE III, THEODORE CALVIN GEORGE SLAGLE and CAROLINE JEAN SLAGLE. I also have three (3) step-grandchildren, MICHELLE FAGANI, KRISTEN THOMPSON and ROBERT ENGLE. Further, I have two (2) step-great grandchildren, GEORGE R. THOMPSON and WILLIAM B. THOMPSON. My sons and the aforementioned persons are the only grandchildren, step-grandchildren and step-great grandchildren, I recognize as heirs herein and are described in this Will as "my issue." SECOND: I authorize my Executor to pay my funeral and burial expenses, if any, and my last expenses as soon after my death as practicable. Arrangements for my cremation should be made through Cocklin Funeral Home in Dillsburg, Pennsylvania, and for my funeral services at Christian Life Assembly Church in Camp Hill. I trust my Executor will insure that: my wishes in this regard are carried out. I direct that all inheritance, real estate taxes and all income and other personal. taxes due at the time of my death or due on account thereof, be paid before any distributions are made from my estate. THIRD: I give all my tangible property and any casualty insurance thereon 1:o my two (2) sons, to be allocated as set forth in a separate writing prepared by me, or, in the event that not all of my said items of tangible personal property are so allocated, then as they my sons may agree among themselves. The balance of any such tangible personal property not so chosen and distributed, shall be sold and the proceeds, together with any intangible personal property which may lapse due to the death of any legatees noted herein, prior to my death, shall be added to my residuary estate to pass as hereafter described, or shall be otherwise disposed of by rriy Executor. ~,,, Last Will and Testament of Page 1 of 8 ~~ ' .7`~~ ___ Hilda J. Slagle , HJS If either of my two (2) sons predecease me, their place in the distribution of my tangible personal property shall be taken only by their natural born issue. I have complete confidence that my children and my Executor will honor any written instructions that I may leave with regard to said tangible personal property. FOURTH: I give, devise and bequeath all of the real estate that I own or have a legal equitable interest in at the time of my death to my sons, Robert L. Slagle II and Richard B. Slagle, 1N TRt1ST NEVERTHELESS, under the following terms and conditions: A. My personal residence shall be sold as soon as practicable after my death for a sum at least equal to the then fair market assessed value for real estate tax purposes and the net proceeds divided and distributed equally between my two (2) sons. B. My real estate partnership properties or co-ops shall be sold in accordance with existing agreements for sale of said properties and the net proceeds divided and distributed equally between my two (2) sons. C. My Mechanicsburg, Pennsylvania, Northside Townhouses and the Harvard 'Square properties shall be sold and the net proceeds divided and distributed equally between my two (2) sons, but, until the time of sale, MUST be maintained and managed in the same good condition as they were at the time of my death. The Trustees shall utilize the rents and profits iErom these two (2) properties to pay the real estate taxes, insurances and any and all maintenance and other expenses relating thereto during the period of one (1) year from the time of my death. However, at the end of the next calendar year after one (1) year time period, the Trustees shall distribute as much of the net income as they deem advisable in equal shares between my two (2) sons. FTFTT-i A. If either of my sons, Robert L. Slagle, II and Richard B. Slagle, predeceases me, then I give 33i/3% of the deceased son's share to his respective wife, (Cyndie Slagle or Sharon Slagle), and the remaining 66~/s% of each deceased son's share shall be held equally in ~a separate trust for each of my three grandchildren, Robert Slagle III, Theodore Slagle and Caroline Slagle, to be distributed as follows: 1 recommend that my Trustee consider distributing annually all income from such share to such grandchildren beneficiaries when such beneficiaries Last Will and Testame~rt of Page 2 of 8 Hilda ,l. Slagle e ~ ~~~, /~~// `. H.IS f ~'~/ attain the age of twenty-one (21) years and, further, that my Trustee consider distributing one- third ('/3) of such principal share to such beneficiaries when such beneficiaries attain the age of twenty-five (25) years, and one-third ('/3) of such principal share to such beneficiaries when such beneficiaries attain the age of thirty (30) years and the balance remaining of such principal share to such beneficiaries when such beneficiaries reach the age of thirty-five (35) years. If such grandchildren beneficiaries fail to survive to age thirty (30) years, their share shall go to their issue per stirpes of the survivor of them or their issue per stirpes. My Trustee shall have with respect to each share so retained all the powers and discretions had with respect to the trusts created herein generally. B. I give, devise and bequeath the sum of $150,000 each, from my Heritage -Penn Del Account to my three (3) grandchildren, Robert L. Slagle III, Theodore Calvin Slagle and Caroline Jean Slagle, to be distributed as follows: $25,000 each upon reaching the age of 21 years, $50,000 each upon reaching the age of 25 years, $50,000 each upon reaching the age of 30 years and $25,000 each upon reaching the age of 35 years, or to their issue per stirpes ol• to the survivor of them and their issue per stirpes. The sum of $25,000 each, from this Heritage-Penn Del account, shall be given to my two churches, Monaghan Presbyterian Church in I)illsburg and Christian Life Assembly in Camp Hill, to use in whatever manner their Board, Elders or Trustees deem appropriate. The remaining proceeds of my Heritage-Penn Del account shall be added to my residuary estate to pass as herein described. SIXTH: I give, devise and bequeath the sum of $25,000 each to my step-grandchildren, Michelle Fagani and Robert Engle. My step-granddaughter, Kristen Thompson's $2.5,000 share shall be distributed as $5,000 to Kristen and $10,000 each to her sons and my step-great grandsons, George R. Thompson and William B. Thompson. SEVENTH: I give, devise and bequeath the rest and remainder of my estate in equal shares to my two (2) sons, Robert L. Slagle II and Richard B. Slagle, or their issue per stirpes, or, in the event either son fails to survive me and dies without issue, to the survivor of them, or their issue, per stirpes. ~~ Last Will and Testament of Page 3 of 8 .~ b' ' , ~- Hilda J. Slagle •~ EIGHTH: If any share hereunder becomes distributable to a beneficiary who has not attained the age of thirty-five (35) years, then such share shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of thirty-five (35) years, using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reason- able comfort of such beneficiary, taking into consideration to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known. to my Trustee. Any income not so paid or applied shall be accumulated and added to print;ipal. Such beneficiary's share of all remaining principal and undistributed income shall be paid over and distributed to such beneficiary upon attaining the age of thirty-five (35) years, or, if he c-r she shall sooner die, to his or her executors or administrators. I recommend that my Trustee consider distributing annually all income from such share to such further beneficiaries when such beneficiaries attain the age of twenty-one (21) years and further that my Trustee consider distributing one-third ('/3) of such principal share to such beneficiaries when such beneficiaries attain the age of twenty-five (25) years, and one-third ('/3) of such principal share to such beneficiaries when such beneficiaries attain the age of thirty (30) years and the balance remaining of such principal share to such benef curies when such beneficiaries reach the age of thirty-five (35) years. My Trustee shall have with respect to each share so retained all 1:he powers and discretions had with respect to the trusts created herein generally. NINTH: If any beneficiary and I should die under such circumstances that would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my .Will that said beneficiary predeceased me. TENTH: (1) I name my sons, ROBERT L. BEAGLE II, and RICHARD B. SLAGLE, along with my brother, ROBERT L. JONES, as my Executors and Trustees. I direct that my Executors and Trustees, and their substitutes and successors, herein referred to as my Executor and my Trustee, regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. Last Will and Testament of Page 4 of 8 Kilda J. Slagle (~T C..~~. S (2) The situs of any trusts created by this Will shall be Cumberland County, Pennsylvania, but it may be transferred to the situs of such successor or substitute Trustee by designation in a written instrument filed with the court having jurisdiction over the probate of my estate or the administration of any trust, whichever is applicable, signed by or on behalf of my Trustee. (3) For services as Executor and Trustee, my Executor and Trustee shall receive only reasonable compensation and reimbursement for expenses incurred for so acting„ ELEVENTH: I give to any Executor and to any Trustee named in this Will or any Codicil hereto or to any successor or substitute Executor or Trustee all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date of my death, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created in this Will or any Codicil hereto and until the completion of the distribution of the assets of such trusts. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. TWELFTH: No person who at any time is acting as a co-trustee (if any) hereunder shall have any power or obligation to participate in or to exercise any discretionary authority that I have given to my Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obligations. Such discretionary authority shall be exercised solely by the disinterested co-trustee or co-trustees. THIRTEENTH: No interest of any beneficiary under this Will, any Codicil hereto, or any trust created herein, shall be subject to anticipation or to voluntary or involuntary alienation. FOURTEENTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Executor and Trustee to pay all such taxes at such time or times as deemed advisable. f /`~, ~F r ./~ ~ r Last Will and Testament of Page 5 of 8 ~ '~ • f~ ~r Hilda .I. Slagle J ..~' IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will. and Testament this ~©~ day of October, 2010. WITNE .~-~--~GC.~ /~,- . . (SEAL) .. ~ HILDA J LA ~ E, a/k/a H. JUD L LE ATTESTATION CLAUSE. The foregoing Will was this ~ ~ day of October, 2010, signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. a-kr ~ cx~ ~, ~1~~ of C1~.~a-~ ~ 1 ~t_o r S ~VIaY~ -~. ,v0~~ Last Will and Testament of Hilda J. Slade of Page 6 of K SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, HILDA J. SLAGLE, a/k/a H. JUDY SLAGLE, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly sworn according to law, do hereby acknowledge that I signed and executed the attached instrument as my Last Will and Testament; that I signed it willingly;~an~d that I signed it as my free and voluntary act for the purposes therein expressed, on this the ' 0 day of October, 2010. f~~y HILD . SL LE, a/k/a H. JU SL GEL Subscribed, sworn to, and acknowledged before me by HILDA J. SLAGLE, a/k/a H. JUDY SLAGLE, the Testatrix, on this the fo day of October, 2010. c tH of ~r~snv~wr- NOTARtAI SEAL MARJORIE L. JOHNSON, Notary P~rbMc Camp Niq Boro., Cumberland Commission Expires April 15.20 1 Last Will and Testament of ]~ilda J. Slagle ._ ~~~) .~I'~~~'''Y'~.J' Notary Public Page 7 of 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. We, 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 HILDA J. SLAGLE, a/k/a H. JUDY BEAGLE, execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for they purposes therein expressed, that each of us in the hearing and sight of HILDA J. SLAGLE, a/k,/a H. JUDY SLAGLE, signed the Last Will and Testament as witnesses; and that, to the best of our knowledge HILDA J. SLAGLE, a/k/a H. JUDY SLAGLE, was at the time older than eighteen (18) years of age, of sound mind, and under no constraint or undue influence on this the ~ day of October, 201.0. Witness Witness Witness S Subscribed, sworn to, and acknowledged before me by ~~ ~ ~ ~ -~t ~~~ -" and~~~~~~~_C~l.. ~ . '\. the witnesses, this the ~ p day of October, 2010. ~o+~o+rw~.rH of ~>-~sv~v~w NOTARIAL SEAL MARJORIE L. JOHNSON, Notary Pubiic Camp Hill Boro., Cumberland Comity M Commission Expires April 15, 2011 4 Notary Public-~ ~i Last Will and Testament of Page 8 of $ Hilda J. Slade