HomeMy WebLinkAbout04-29-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL~JANIA
Estate of HARRIET S. STEELE File Number
also known as HARRIET MARY KAREN STEELE
, Deceased Social Security Number 3 9 8- 3 0-- 2 7 9 0
DOUGLAS M. SIMPSON and ALAN B. SIMPSON _
Petitioner(s), who is/are 18 yeazs of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW: )
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the CO-EXECUTORS ~ named in the
last Will of the Decedent dated 4/16/2004 and codicil(s) dated N/A _
(Strife relevant circconsrrcnces, e.g., r-enirnciation, deceth of e.xecrrtor, etc. j
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
and was not a party to a pending
for probatedivorceeproce°ead nggwa't'iereinv gro~un~s door cc~pivorc~'~i~'~
^ 23 Pa. C.S.A. Section 3323(g), except as follows: -
B. Grant of Letters of Administration
(If rcpplicccUle, enter: c•. t. a.; d.h.n.c.ta.; pendente. lire; dc~rante absentia; durrrnte mnnritate)
Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (lf
Adrninistr-ativn, c.t.a. or d.b.n.c.t.a., enter- dote of Will in Section A ahvve aTUI complete list of heirs.)
Decedent, then 78 years of age, died on 4/21/2011 at HERSHEY MEDICAL CENTER,
HERSHEY. PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 40, 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 $ 210.000.00
3610 LOGAN STREET EXT #1-B, CAMP HILL, PA (HAMPDEN TOWNSHIP)
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Y.eUel'S in the; appropriate form to
the undersigned:
C~
~ ignatur Typed or painted name and residence
''` ~
: ;
~f ~~ DOUGLAS M. SIMPSON
°
~ 32 NAPOLEON STREET, BATON ROUGE, LA 70802
r'~ `~~ ALAN B. SIMPSON
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, T
429 HAVERFORD ROAD, WYNEEk00D, PA 19096
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For-rrz RW-02 rev. 10.13.06
Page 1 of 2
(COMPLETE IN ALI, CASES':) Attach additional sheets if necessary. ~ `"' ~.''.' iii
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with hic /her last principal resid.enr_.e at '~-~° ' 7
3610 LOGAN ST EXT #1-B CAMP HILL PA 17011 HAMPDEN TOWNSHIP
(List street address, roivn/city, township, coirnt>>, stare, yip code) ____ .___
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 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.
Sworn to or affirmed and subscribed
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bef e thz ~'f _~.._ day of
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Signatarre of Persona! Represen~" ; "" ~~ PSU
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Si~natarre of Personal Represenrarive A . S I M PSO > ~~ ,,~_ ~~
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Estate of HARRIET S. STEELE ,Decease+~
Social Security Number: 39r8-30-2790 Date of Death: 4/21/2011
AND NOW, ~ ~~ ~~~'"~ , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before , IT IS DECREED that Letters TESTAMENTARY
are hereby granted to DOUGLAS M . S IMP SON and ALAN B . S IMP SON w,
_ _ti, in the above estate
and that the instrument(s) dated 4/ 16/2004 ~~
described in the Petition be admitted to probate and filed of rec Ard as the last Will (and Codicil(s)) of l~cedent. ,., ~
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FEES °~,~~'b_/-rrl __~,~..`.~.~C.? Gr `~ ~ ~-~° „ o ~
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Letters ............................. ~ 310.00 R isre~-ef ~Vi ~ l ~ f `.
Short Certificate(s) ...~6),,,, ~ 24.00 Attorne Signature: ~~ ~ fT r ~'r-
Y
Renunciation(s) •••~............ ~
Will .... ~ 15.00 Attorney Name: DEAN A. WEIDNER. ESC.
JCS Fee ~ 23.50
Supreme Court [.D. No.: 06363 w
Automation ,,.. ~ 5.00
.... $ Address: WIX WENGER &WEIDNER
~~~~ ~ 508 NORTH SECOND ST. HARRISBURG
.... $
...- ~ PA 17108
.... $
~ Telephone: j7 1 71234-4 1 82 `
TOTAL ~ 377.50
Fo~7n R~~'-02 rev. 10.13.06 Page 2 of 2
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LOCAL REGISTRA-R'S ~ERTIFIC~T•ICN ~p-F ~ETI•~
W~4RNING: It is illegal to duplicate this c~lp'~ by' photo>`~at o~ phatogr~al:.> .
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TYPE PRINT IN ~'""I -~ -°°~
PERMANENT CERTIFICATE OF DEATH ~ ~ ~
BLACK INK 1See instructions and examples on reverse) C7ATF FILE NUMBER .->. ~'~
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t. Name d Decedent (Pest. rnddle, last. suMzl ~v 2 Sex 3 Saul Security Number i Date d Deatr, Ifvbnth. cey Y~ ~. r
Female 398 - 30 - 2790 A 3ri.1 21 , 2011
Harriet Mary Karen Steele ~
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U.S. Armed Forces
KuW d Wgrk Krtd o1 Business! Industry Elementary ! SectxWary (0-121 College (td or 5.)
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16 Decedent's AAatlrg Address (SUeet. ctry !town. state, np ;.ade) OecedenCs
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Pennsylvania Uvema na. ®Yea.oecedemlrved:n,_~ Hampden Twp.
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3 610 Logan C Oil r t 1f 1 B . Townsh~p~ , 7d ^ No. Decedent Uved wrNin
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umherland Acwa~L~m~tsor = ~'r~
18 Fattwrs Marna (FUSt, nWde, last. suthx) t9 Movrer's Name IFusL middle. .Heiden surnarnel
nes Olson
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oleon Street
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y=~ LAST WILL AND TESTAMENT
_ _ ...._
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~ HARRIET S
STEELE
.
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I, Harriet S. Steele, of Camp Hitl, Cumberland County, Pennsyllvania,
which I hereby declare to be my domicile, make this Will, hereby revoking alll my former
Wills and Codicils.
Article One
Specific Bequest of Tangible Personal Property
§1.1 I may have placed with this Will or otherwise made known to my
Executor a separate writing giving certain items of personal property to certain
individuals. It is my intention that such items shall pass to such individuals to be
distributed by my Executor in accordance with such writing. In the absence of such
writing, or to the extent it is incomplete or ineffective, then all my household furniture
and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing
apparel, and all other like articles of household or personal use and adornmE;nt shall be
distributed to my children, Douglas M. Simpson of New Orleans, Louisiana, and Alan B.
Simpson of Wynnewood, Pennsylvania, per stirpes, to be divided between tr~em in as
nearly equal shares as practicable, as they may agree. If they are unable to agree, my
Executor shall make such decision as to distribution.
§1.2 To the extent possible, I bequeath any policies of insurancE:
covering specific items of my tangible personal property to the beneficiary entitled to the
specific item of property.
§1.3 I direct that the expenses of storing, packing, shipping, in:curing and
delivering any such property to the beneficiary entitled thereto shall be paid as an
administrative expense of my estate.
Article Two
Residual Estate
§2.1 All the rest, residue, and remainder of my estate, wherevE:r situated,
I give, devise, and bequeath to the then acting trustee under the HARRIET S. STEELE
REVOCABLE TRUST AGREEMENT dated April 16, 2004, established by mE;, .as
Grantor, and Harriet S. Steele, as Trustee, as amended from time to time (thE~ "`Trust
Page 1 of 8
Agreement), which Trust Agreement is presently in existence and in full force and
effect, to be held, administered, and distributed in accordance with the provisions of
said Trust Agreement, as the same may be hereafter amended in writing.
§2.2 In the event the Trust Agreement set forth in Section 2.1 above is
not in existence or found to be invalid or ineffective, I give, devise, and bequeath all the
rest, residue, and remainder of my property, real, personal, and mixed, to the then
acting trustee under the aforementioned Trust Agreement, to be held by such trustee in
trust on the same terms and conditions as those specified in such trust as the same
existed at the time of execution of this Will or the last codicil thereto, I direct that no
bond be required of said trustee, or successor trustee, in such instance.
Article Three
Appointment of Fiduciaries
§3.1 I hereby nominate, constitute and appoint my sons, Douglas M.
Simpson and Alan B. Simpson, to be Co-Executors of my Estate (herein collectively
referred to as "Executor"). In the event of the death, resignation, refusal, or inability of
either Douglas M. Simpson or Alan B. Simpson to serve as a Co-Executor, or, having
qualified, is unable or unwilling to continue to act, the remaining party shall cor~tinue to
serve as sole Executor, having the same powers and authority as if originally so
appointed. My Executor, Trustee, and Guardian are specifically relieved from the duty
or obligation of filing any bond or other security.
§3.2 I appoint the Executor then serving hereunder as Guardian of the
estates of any minor beneficiaries under this Will, including the proceeds of any life
insurance on my life payable to such minors and any other property, rights or claims
with respect to which I am entitled to appoint a guardian and have not otherwise
specifically done so. The Guardian shall have full authority to use such assets, both
principal and income, in any manner the Guardian shall deem advisable for the best
interests of the minor, including college, university and graduate education, and
professional, vocational or technical training, without securing a court order.
§3.3 If at the time of my death I am serving as a custodian of any Uniform
Transfers to Minors Act or Uniform Gifts to Minors Act account and have the right to
appoint my successor, I appoint my Executor as my successor.
Article Four
Power of Fiduciaries
§4.1 No fiduciary under this Will shall be required to post bond or other
security for the faithful performance of the fiduciary's duties.
Page 2 of 8
§4.2 Any such fiduciary shall have the following powers, in addition to
those given by law:
§4.2.1 To invest in, accept and retain any real or personal property,
including bonds, notes, money market funds, general and limited
partnership interest, mortgages, and the stock of a corporate fiduciary or
its holding company, without restriction to legal investments;
§4.2.2 To sell, exchange or partition either at public or private sale and
upon such terms and conditions as my fiduciary may deem advantageous
to my Estate or a trust, any or all real or personal estate or intE~rest therein
owned by the Estate or a trust severally or in conjunction with other
persons or acquired after my death by my fiduciary and to consummate
said sale or sales by sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee simple title, free and clear of all
trust, and without obligation of the purchaser or purchasers to :see to the
application of the purchase money or to make inquiry into the validity of
said sale or sales; also, to make, execute, acknowledge and deliver any
and all deeds, assignments, options or other writings which may be
necessary or desirable in carrying out any of the powers confeirred upon
my fiduciary in my Will;
§4.2.3 To enter into and execute agreements of sale and long-term
leases and ground leases for any duration; to hold, subdivide, iimprove
and develop real property; to continue, terminate or refuse to rE~new any
existing leases, agreements, mortgages or other encumbrances; to settle,
compromise, negotiate, arbitrate, litigate or otherwise dispose of disputes
concerning real property without court approval; to form and eater into
partnerships (general and limited) and corporations; and to vote interests
or shares therein;
§4.2.4 To mortgage, create a security interest in, pledge, or
hypothecate; to exchange or lease (including lease for a period extending
beyond the term of the trust created by this Will); or to license, publish or
otherwise dispose of any shares, notes, securities, real estate, minerals,
literary and other trust property upon such terms, cash or credit;, or both,
as the fiduciary may deem advisable;
§4.2.5 To make application for licenses and other documents to the
proper local or state agencies, boards and bureaus;
§4.2.6 To employ agents, accountants, attorneys, property managers,
appraisers, contractors, engineers, architects, surveyors, real estate
consultants, brokers and assistants and to pay their fees and e;~penses,
as the Executor may deem necessary or advisable to carry out the
provisions of this Will;
Page 3 of 8
§4.2.7 To participate in any reorganization, consolidation, merger or
dissolution of any partnership, or corporation, the stocks, bonds or other
securities of which may be held at any time as part of the trust property,
and to receive and continue to hold any property which may bE; allocated
or distributed to the fiduciary by reason of participation in any such
reorganization, consolidation, merger or dissolution;
§4.2.8 To vote any shares of stock which form a part of my Estate or a
trust and to otherwise exercise all the powers incident to the o~Nnership of
such stock;
§4.2.9 To assign to and hold in a trust an undivided portions of any
asset;
§4.2.10 To borrow money from any person, including any fiiduciary
acting hereunder or under the Trust Agreement if such loans are upon
reasonable commercial terms, and to mortgage or pledge any real or
personal property;
§4.2.11 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or de~-ository, or
in book entry form or unregistered or in such other form as will pass
delivery;
§4.2.12 To engage in litigation and to compromise, arbitrate or
abandon claims without court approval;
§4.2.13 To make distributions in cash, or in kind or partly in each, at
current values, allocating specific assets to particular distribute~es; on a
non-pro rata basis, and for such purposes to make reasonable
determinations of current values;
§4.2.14 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns
and the payments of such taxes, without obligation to adjust thE~
distributive share of income or principal of any person affected thereby;
X4.2.15 To allocate, in the Executor's sole and absolute discretion,
any portion of my exemption under Section 2631(a) of the Internal
Revenue Code (which statutory exemption is presently $1,000,000.00), to
any property as to which I am the transferor, including any property
transferred by me during my lifetime as to which I did not make an
allocation prior to my death;
Page 4 of 8
§4.2.16 To disclaim in whole or in part any interest I may have in any
estate if the Executor deems such disclaimer to be in the best interests of
my estate and beneficiaries thereof; and
§4.2.17 To merge any trust created hereunder with any other trust or
trusts created by me, under will or deed, if the terms of any such trust are
substantially similar and are held for the primary benefit of the same
persons, and if such merger shall not cause an adverse income, estate or
generation-skipping transfer tax consequence.
Article Five
Provision for Debts, Expenses and Taxes
§5.1 My Executor shall pay all expenses of my last illness and funeral,
costs of administration, including costs of safeguarding and delivering bequE;sts and
other proper charges against my estate. My Executor shall pay all taxes assessed by
reason of my death (except that amount, if any, by which the estate and inhE;ritance
taxes shall be increased as a result of inclusion of property which I may havE: a power
of appointment shall be paid by the person holding or receiving the property;l, including
interest and penalties thereof, from my residuary estate or, in the manner hereinafter
provided, from the trust estate of the trust created under the Trust Agreement. Interest
and penalties concerning any tax shall be paid and charged in the same manner as the
tax.
§5.2 I have directed the trustee under the Trust Agreement to pay to my
Executor such amounts as my Executor shall request in writing as necessar)i ar
advisable to supplement my probate estate in order to pay in full all debts, bE:quests,
funeral, and administrative expenses, federal and state income taxes, and any tax
which may be imposed by reason of my death. I authorize my Executor to rE~quest such
trustee to make all such payments to my Executor to the extent so requested by my
Executor; provided, however, that if any bonds issued by the United States ~nrhich may
be redeemed at par in payment of federal estate taxes, and any interest and penalties
thereon due by reason of my death are held by such trustee, such trustee shall utilize
such bonds for the payment of same, to the extent such bonds are redeemable far such
payment or to the extent of the par value and accrued interest on such bonds,
whichever is less, regardless of the sufficiency of other assets in my estate to pay the
same.
§5.3 My Executor shall make such elections under the tax laws as my
Executor deems advisable, without regard to the relative interests of the beneficiaries.
No adjustment shall be made between principal and income or in the relative interests
of the beneficiaries to compensate for the effect of elections under the tax laws made
by my Executor or by the trustee under the Trust Agreement herein mentioned.
Page 5 of 8
Article Six
Miscellaneous Provisions
§6.1 As used in this Will, the terms "Internal Revenue Code" and the
"Code" shall mean the Internal Revenue Code of 1986, as amended from tirne to time,
or the corresponding provisions of subsequent law.
§6.2 If any beneficiary under this Will and I die under such circumstances
that it is impossible to determine which of us survived, or if any such beneficiary shall
fail to survive me for ninety (90) days, it shall be conclusively presumed and this Will
shall be construed as if such beneficiary predeceased me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th
day of April, 2004.
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Harriet S. Steele
Signed sealed, published and declared by the above-named TESstator,
Harriet S. Steele, as and for her last Will, in the presence of us and each of us., who at
her request and in her presence and in the presence of each other, have hereunto
subscribed our names as witnesses thereto and the day and year last above written.
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Page 6 of 8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
: SS
I, Harriet S. Steele, the Testator whose name is signed to the foregoing
instrument, having been duly qualified according to law, do hereby acknowlE:dge that I
signed and executed the instrument as my Last Will; and that I signed it willingly and as
my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by Harriet S. Steele,
the Testator, this 16t" day of April, 2004.
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Harriet S. Steele, Testator
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No Public '~
My Commission Expires:
Notarial Seal
Denise B. Williamson, Notary PG~blic
City of Harrisburg, Dauphin County
MY Commission Expires May 1, :2004
Member; Pgo~'s'~Nana Association of Notaries
Page 7 of 8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
W e , .~~~,~~ ,r~'' Ali ~ j ui~-~r~..-~.~ ~~.,.~ t ~ ~`~ \ < <~~--~._ a n d
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~~ ~ ~~ E..c.~.~.- _, the witnesses whose names are signed to the attac:hed or
regoing instrument, being duly qualified according to law, do depose and say that we
were present and saw the Testator sign and execute the instrument as her Last Will;
that each subscribing witness, in the hearing and sight of the Testator, signE;d the Will
as a witness; and that to the best of our knowledge, the Testator was at that; time 18 or
more years of age, of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to bef e me by
witnesses, this 16'h day of April, 20 4.
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My Commission Expires:
F:\dbw\Wills\Hughey\Lee - Will.doc
Notarial Seal ~.
Denise B. Williamson, Notary Public
City of Harrisburg, Dauphin County
MY Commission Expires May 1, 2OO~l
Member, Pennsylvania Assoc~atlor~ of NC~tarles
Page8of8