HomeMy WebLinkAbout11-17-11PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name: ,Eve U~ E'~?fYl~
a/kla:
a/k/a:
a/k/a:
Date of Death: D I/~//y1 J' 1 ~
Decedent was domiciled at
principal residence at DD
Decedent died at
Street address, Post Office and
Street address, Post Office and Zip
Estimate of value of decedent's property at death
File No: ~ ~ "- ~ ~ ~' l c~ c J~
(Assigned by Regist/er)
Social Security No: ~~~^l ~- ~~? _
Age_ amt death: / t?
/PJ?i?~!1///26!!~L (Stare) with his/)ler list
City, Township
Township or Borough
County State
$ 0 DOQ . Do
If domiciled in Pennsylvania ............................ All personal property
If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania
If not domiciled in Pennsylvania ........................Personal property in County
Value of real estate in Pennsylvania ........................................................ .
TOTAL ESTIMATED VALUE... .
Real estate in Pennsylvania situated at:
(Attach additional sheets, ijnecessary.)
Street address, Post Office and Zip Code City, Township or Borough
'~A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated
thereto dated
State relevant circumstances (eg. renunciation, death of executor, etc.)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ^ EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
c.t.u., d.b.n., d. b. n. c. t. a., pendente Cite, durante absentia, durante minoritate
If Administration, c.r.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
^NO EXCEPTIONS ^ EXCEPTIONS
Petitioner(s), after a proper search haslhave ascertained that Decedent left no W ill and was survived by the following spouse (if any) andheirs (attach
additional sheets, if necessary): ~ - -_
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Name Relationshi Address ~'
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County
and Codicil(s)
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Forst RW-01 rev. 10/!!/20ii Page 1 of 2
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
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COUNTY OF }
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Petitioner(s) Printed Name Petitioner{s)
rinted Address
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The Petitic,~tter(s) about-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petititner(s) and that, Ns Personal Representative(s) of the edent, the Petitione s) will well d truly administer the estate according to law.
Sworn to or affirmed and subscribed before l ~ Date l / _
~r~e ti ~ day of `) Date /
B j': ~ _ ~ Date
For the Register Date
BOND Required: Q YES ~ NO
FEES:
Letters .................... .. $ V • ~~
(~ )Short Certificate(s).... .. ,~ -(~
( )Renunciation(s)....... . .
( )Codicil(s) ........... . .
( )Affidavit(s).......... . .
Bond ...................... ..
Commission ................ . .
Other ... . ..
Automation Fee... -~-
JCS Fee ................... ..
TOTAL ................... .. $r~
To the Register of Wills:
Please enter my appearance by my signature below:
Attorney Signature:
Printed Name:
Supreme Court
ID Number:
Firm Name:
Address:
Phone:
Fax:
Email:
DECREE OF THE REGISTER
>o
Estate of ~~/.p ~ Yl ~1. ~~..Q f'y1 ~(k Q .~ File No: r~ j ~' ~ ti - ~ ~~ ~~`~
a/kla:
AND NOW, ~)~,Q/1'~~Q r ~ 7 ~ ~ , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters T-2~~(,tYYl.i' _.1~1-~ k'1/
a e hereby granted to _bZ(1 ~ rl T ~ i'Yl Yl.c.~ ~ r
.~~ ~ ~~ Q~ in the above estate and (if applicable) that
the instrument(s) dated _
described in the Petition be
Form RW-OZ rev. 10/!!!2011
to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
~ry~ _
egister of Wills ~-y~ , ~ . ,,
(~ ~ ~-~~..~t~-~ icy ~.~ ~'1 ( f?
t Page 2 of 2
LAST WILL AND TESTAMENT
OF
EVELYN M. SEMMEL
I, EVELYN M. SEMMEL, of Upper Allen Township, Cumberland, County,
Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils.
ARTICLE ONE
TANGIBLE PERSONAL PROPERTY
1.1 I bequeath all my tangible personal property, including b;' way of illustration but
not by way of limitation, my household furniture and furnishings, paintings, books, automobiles,
jewelry and. personal effects, exclusive of any such property used in a trade or business, to my
husband, TH01v1AS H. SEMMEL ("My Husband"), if he survives me. If My Husband does not
survive me, I bequeath such assets to my children living at my death to be divided among them in
as nearly equal shares as they agree. In the event of irreconcilable disagreement among my
children, they shall take alternate turns selecting individual items with my oldest child making
the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of
my residuary estate.
§ 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies
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of insurance on such property to the beneficiary entitled to such property.
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§ 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
administrative expense of my estate.
ARTICLE TWO
RESIDUE
§ 2.1 I devise and bequeath all the residue of my estate to the then serving trustee of
"The Evelyn M. Semmel Revocable Trust" created under Agreement dated as of even date
herewith, by myself, as Settlor, and SALLY A. JONES and JOHN T. SEMMEL, as Co-
Trustees, as the same may have been or maybe further amended or restated prior to my death
("My Revocable Trust"), to be distributed in accordance with the terms of said trust agreement,
or if said trust agreement is not in effect at the time of my death, in accordance with the terms
specified therein on the date of this Will or of its last publication by Codicil or otherwise.
ARTICLE THREE
APPOINTMENT OF FIDUCIARIES
§ 3.1 I appoint My Husband as Executor of this Will. If he is unable or unwilling to act
or continue to act, for any reason whatsoever, I appoint my daughter, SALLY A. JONES ("My
Daughter"), and my son, JOHN T. SEMMEL ("My Son"), as Co-Executors. If either My
Daughter or My Son shall be unable or unwilling to act or continue to act, for any reason
whatsoever, the vacancy shall not be filled and the other then serving Co-Executor shall serve as
sole Executor. All references herein to the "Executor" shall mean my originally appointed
Executor, my successor Co-Executors or the sole serving successor Executor or Executrix, as the
case maybe.
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§ 3.2 I appoint My Husband 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 and graduate education, and professional, vocational or technical
training, without securing a court order. If My Husband is unable or unwilling to act or continue
to act, for any reason whatsoever, I appoint the then serving Trustee of My Revocable Trust as
such Guardian.
ARTICLE FOUR
POWERS OF FIDUCIARIES
§ 4.1 No fiduciary under this Will shall be required to give bond or other security for
the faithful performance of the fiduciary's duties.
§ 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 stock of a corporate fiduciary or its holding company, without restriction
to legal investments;
§ 4.2.2 To sell, exchange, partition or lease for any period of time any
real or personal property and to give options therefor for cash or credit, with or
without security;
§ 4.2.3 To borrow money from any person including any fiduciary
acting hereunder, and to mortgage or pledge any real or personal property;
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§ 4.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or in book
entry form or unregistered or in such other form as will pass by delivery;
claims;
§ 4.2.5 To engage in litigation and compromise, arbitrate or abandon
§ 4.2.6 To make distributions in cash, or in kind at current values, or
partly in each, allocating specific assets to particular distributees on a non-pro rata
basis, and for such purposes to make reasonable determinations of current values;
4.2.7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of income
or principal of any person affected thereby;
§ 4.2.8 To join with My Husband or his personal representative in the
filing of a joint income tax return for any period for which such a return maybe
permitted, without requiring him or his estate to indemnify my estate against
liability for the tax attributable to his income, and to consent, for federal gift tax
purposes, to having gifts made by My Husband during my lifetime treated as
having been made half by me;
§ 4.2.9 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), 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;
§ 4.2.10 To disclaim any interest I may have in any estate if the
Executor deems such disclaimer to be in the best interests of my estate and the
beneficiaries thereof; and
§ 4.2.11 To file the appropriate election in accordance with Section
2056(b)(7)(B)(v) of the Internal Revenue Code to designate whatever portion of
the assets composing my federal gross estate that the Executor, in the Executor's
sole discretion, determines should qualify for the marital deduction. In making this
determination, the Executor is directed to consider the present and projected
financial requirements of My Husband, the expected period of survivorship of My
Husband and the assets that have passed to My Husband other than under the
provisions of this Will.
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ARTICLE FNE
PROVISIONS FOR TAXES
§ 5.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with
respect to any property subject to any such tax, and any penalties thereon, shall be paid by the
Executor out of the principal of that portion of my estate disposed of by Article Two of this Will
and allocated among beneficiaries in accordance with the provisions of My Revocable Trust. All
interest with respect to any such taxes shall be paid by the Executor out of the income or
principal or partly out of the income and partly out of the principal of such portion of my estate,
in the absolute discretion of the Executor. My Executor shall not make apportionment among or
seek reimbursement from the beneficiaries, recipients or owners of such property for any such
taxes, penalties or interest, except as provided in My Revocable Trust. Notwithstanding any
provision of this Article to the contrary, the Executor shall not pay any such taxes, penalties or
interest attributable to any property included in my estate solely because of a power of
appointment thereover which I possess but have not exercised or any qualified terminable interest
property.
ARTICLE SIX
PROVISIONS FOR DEBTS AND EXPENSES
§ 6.1 I direct that any of my legally enforceable debts, any expenses of my last illness,
funeral and burial, and any of the administrative expenses of my estate, shall be paid from the
principal of that portion of my estate disposed of by Article Two of this Will.
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ARTICLE SEVEN
BUSINESS INTERESTS
§ 7.1 In the event any business interest should be an asset of my estate, whether the
same involves a proprietary interest, a partnership interest or stock in a closely held corporation,
whether wholly owned, controlled by me or owned in substantial part by me, I authorize the
Executor, subject to the terms of any agreement I may have made for the sale of my interests, to
continue said business until such time as the Executor shall deem it advisable to sell, to liquidate
or to distribute the same in kind. With respect to any sale or exchange of the stock of any such
business interest and in the absence of any such agreement entered into by me prior to my death, I
direct the Executor to consider and to determine the appropriateness of a sale or redemption of
such stock in accordance with Section 303 of the Internal Revenue Code to the business entity
and a possible defer~•al of federal estate tax payments under Section 6166 of the Internal Revenue
Code. It is my desire that to the extent possible any business interest which I may own at the
time of my death be continued or disposed of only in an orderly manner so as to maximize the
proceeds of any disposition. If an election under the foregoing provisions will effect such desire,
the Executor is encouraged to pursue such election if the Executor deems such election also to be
in the best interests of my estate and the beneficiaries thereof. The Executor shall have all rights
and powers in connection with such business as I had when living, including specifically the
power at any time and from time to time to operate or to join in the operation of the same as a
going concern, to form or to reform a general or limited partnership, to incorporate or to
reincorporate and to liquidate or to sell the same or any part thereof as the Executor deems it
advisable for the best interests of my estate and of the beneficiaries thereof without the necessity
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of any order of court and without any liability for loss resulting from the operation of said
business except when such loss is the result of gross negligence or fraud on the part of the
Executor.
ARTICLE EIGHT
MISCELLANEOUS PROVISIONS
§ 8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal
Revenue Code of 1986, as amended from time to time, or the corresponding provision of
subsequent law.
§ 8.2 If any person and I die under such circumstances that it is impossible to determine
which of us survived, it shall be conclusively presumed and this Will shall be construed as if
such person had predeceased me.
§ 8.3 An individual fiduciary shall be entitled to receive reasonable compensation for
such fiduciary's services hereunder.
§ 8.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any
beneficiary who is under (a) twenty-one (21}years of age, or (b) a legal disability or otherwise
suffers from an illness or mental or physical disability that would make distribution directly to
such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in
good faith), the fiduciary may distribute such property to the person who has custody of such
beneficiary, may apply such property for the benefit of such beneficiary, may distribute such
property to a custodian for such beneficiary, whether then serving or selected and appointed by
the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or
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Uniform Gigs to Minors Act, may distribute such property to the guardian of such beneficiary's
estate, may distribute such property directly to such beneficiary's estate, or may distribute such
property directly to such beneficiary (except if any of the conditions hereinbefore described in (b)
apply), without liability on the part of the fiduciary to see to the application of such property.
This provision shall not in any way operate to suspend such beneficiary's absolute ownership of
such property or to prevent the absolute vesting thereof in such beneficiary.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 25th day of May,
1999.
(SEAL,)
Evelyn . Semmel
Signed, sealed, published and declared by the above named EVELYN M.
SEMMEL 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 theme the day and year last above written.
Residing at z ~ 3 f-}~cygc_ S: -
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss.
We, EVELYN M. SEMMEL, the testatrix, and
d C.._ ~ ,the witnesses, whose names
are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to
the undersigned authority that the testatrix signed and executed the instrument as her last Will;
that the testatrix signed willingly and executed it as her free and voluntary act for the purposes
therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed
the Will as a witness and that to the best of his or her knowledge the testatrix was at that time 18
years of age or alder, of sound mind and under no constraint or undue influence.
velyn M. Semmel
Witnes
Subscribed, sworn to and acknowledged before me by EVELYN M. SEMMEL the
testatrix, and subsc bed and sworn to before e by ,
..~ an ~a r~ _ ,witnesses, this
25th d May, 1999.
a
Not Public
My Commission Expires:
(SEAL)
Notaria{ Seal
Kimberiy A. Crostley, Notary Public
Harrisburg. Dauphrn County
My Commission Expires Jan. 4, 2001
Member Pennsylvania Association of Notaries
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