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Home My WebLink About12-20-11 PETITION FOR G Reset REGISTER OF WILLS OF RANT OF LETTERS Cumberland Petitioners COTINTy, pENNSYLVANIA ()named below, who is/are 18 support thereof aver(s) the followin Years of age or older, appiy(ies) for Letters as specified below a g and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information ~ nd in Name: Martha Stuart Tucker a1k/a: a/lc/a: File No:, - ~ ~ -- J ~~ a1k/a: (Assigned by Register) Date of Death: November 17 2011 Social Security No; 237-72-7250 Decedent was domiciled at death in Cumberland Age at death: 67 principal residence at 8748 qu usta Drive Count Y~ Penncvlvarna Street address, Post Office and Zip Code ~ ~~- State) with his/her last Decedent died at l On lUr a ~~.._ ,.. Mechanicsbur Street address Post Oft` tce and Zip Code Estimate of value of decedent's ro e P ' "~`'~~i~ltcsbur City, Townshi at death: P m Ifdomiciled in Penn Sylvania p or Borough- ..... . If not domiciled in Pennsylvania ....... If not domicil d '~11 Personal property ......... . e in Penn Value of real estate in Pennsylvania • ~ ~ ~ ~ ~ ~ ~ ~ ' ' ' .... .personal ro e ' • P P ~' in Pennsylvania Personal ro ...... :: p perty in County Real estate in Pennsylvania situated at TOTAL ESTIMATED : (Attach additions! sheets, if nece VAL,UE... . ssary.) Street add ress, Post Office and Zi C d ty, Township or Borough County County State $ 5 000.00 $ 000 nn 6LJ A. Petition for Pro ate and Grant of Letters Testaments o'ty' Township or Borough Petitione s County r() aver(s) he/she/they is/are the Executo s r thereto dated r() named in the last Will of the Decedent, dated _ 19 Au ust, 2005 and Codicil(s) State relevant circumstances (erg, renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did n divorce proceeding wherein the groan s for divorce had been established as defined in 23 Pa. C.S. adopted; and Decedent was neither the victim of a killing nor ever adjudicated an inca ac;ta t ma iTY, was not divorced, was not a party to a pending Q NO EXCEPTIONS § 3323(8), and did not have a child bom or EXCEPTIONS P ted person,. B. Petition for Grant of Letters of Administration (If applicable) If Administration c•t•a•. d.b.n., d.b.n.c.t.a., pendente~'ite, duranteabsentia, c.t.a, or t1 b.n.G~a, Except as follows: Decedent was not a a 'enter date of Will in Section A durante minoritate in 23 Pa. c. above and complete list of heirs. S• § 3323(8) and was neithe ph~ ict m of a~k~l ng nor ever addicated an incapacitat NO EXCEPTIONS g wherein the grounds for divorce had been established EXCEPTIONS ed person. as defined Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was s additional sheets, ifnecessary): urvived by the fallowing spouse (ifany) and heirs (attach Name Relationshi Address ''-'-Q ,~-• i ~ ~~ -, >, z"" `: C1j:=C7 ~ -- -. ~ ._ --t? ~~~ ' ~ ~~, r_; ~_ ~-~ .. ~,- ~ ~.~ Form RW-02 rev. 10/11/1011 ~~ Page 1 of 2 ,~ .~ _ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA ~r~ '~n~ O~'c'al-~~e~Qr1Y } ~ : ' r Ui` COUNTY OF Cumberland } SS: Petitioner(s) Printed Name Robert Louis Tucker Petitioner(s) printed 4745 e.,,..._._ ,_ . ~ld~ess, _ The Petitioner s of Petitione ()above-named swear(s) or affirm(s) the statements in the fore r(s) and that, as personal S~'orn to or affirmed () of the Decedent, the Petitione s Representatives 8oing Petition are true andl correct to the best of the knowled e me this and subscribed before ~ )will well and t;rul By. day f ;~~~~' ~ / / Y administer the estate according to laWehef {~ ~ Date For the Register / zG7 ~~ Date BOND Required: ~ YES 0 NO FEES: Letters ... . ( 5 )Short Certificate(s)...... $ .. ( )Renunciation(s).. , • • ( )Codicil(s). • , • . • ~ ~ ' ( )Affidavit(s)...... ' .... . Bond...... "•••• Commission.. , ~ ~ ' ' ' ' Other ~. • .............. Automation Fe ~' ' ' ' ' JCS Fee. .. """•••• TOTAL............ ...... .~ Date Date 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 Estate of Martha Stuart Tucker THE REGISTER a1k/a: File No: ~~~ ~ / AND NOW, ,~ ~-Y satisfactory proof Navin g been presented before me, IT IS D ~ ~ ~ are hereby granted to ECREED that Lett rs on •derat~on of the foregoing Petition, the instrument(s) dated ~._ described in the Petition be a ~ ~ T °c-' in the above estate and dmitted to probate and filed of record if applicable) that as the 1 st Will (and C ' cil(s)) of Decedent. Form R{{• R gister of W is I 02 rev. 10/I //1011 ~~ Page 2 of 2 LOCAL REGISTRAR'S CE WARNING: It is ~Ilegal to dLtplicate thisRcTlFb(±/4TION OF pEATH pY y photostat or photograph. Fee for this certificate, $6.00 This is to certify that the information here gi• correctly copied from an original Certificate of duly filed with me as Local Registrar. The or certificate will be forwarded to the State P ~ ~ ~ ~ ~ 1 ~ 9 Records Office for permanent filing. Certification Number ____ I,oc 1 gtstrar -`---------__~ __ ate Issued _ __`- -- u REV wAp6 `__`__-_ - _ _~_____________ .=' ~ ~ .'t') 'E. PWNTtN ' 1 ri nR,tca~„,Nr COMMONW _T' ~ • ~ ~ i _ EALTH OF PENNSYLVANIA • ~' ~` ~ Nwn.aoea CERT)FICA EPOF D NT OF HEALTH • VITAL RECORDS ~ ~ ~ ~`'~ X181' If°w.,,,,~,, ,w, w6,n tSes Instructions and exampleaEon everse) ~} ~ ~ ~ _ sl atl ha S oar Ka Bxewri ~lYe« TUC~t~ 2. Sat STATE fIIE NUMBER ~~~~~ - 6 7 ".°'" o+r+ rh.t „w, 8. Dam a Brm IMmm, m .read , Female 7 Sows sat"a N«awt . Dau w~..) C' ...att. _ --._. • Yrs. ~VNtelDeyaMW4ala 237 - 72 ° nn.ver.reY/ ~ eti ~raotal. & c December 30, 1943 Charlotte, NC ~NI ~w apeamlOMUary =1 7250 Nov b'er 17, 2021 ~- r'r"t N Bao, Twp. d Deam - • 1 ~ D«aeea's uswt Oa B0' f~MY Wma 111 na tutYgon, pw weal aM naroxi ^ ~'ao~ ^ ER / O,apaa«e Over- Kra d eon arp d was eme Ja moq a t ` 1 ESS•i ~h ~t ~ s. wu Dace°w a RRPa,^xc~ , ~ "rtte'9 Ma"' ^ Nwano. won ^om« ~ 9o.ar Teacher w. Dona nae r«reo lz. w.t 0.twn, «,., vt uw ` ~ Q f~ IU Y4. ~Y awn, °`gm. 7Q Ro ^ Yss 10. ~'Mrngn a.a a 8umytt, a,~, U.S. Amye Fags? 13. Detsoea't Eoucnp,r tMaiyn, pr«p lEten, e,c l I ~"• ~t ~ nc 16. Ceceoa,ut High School Elemeritay/~ 01h'n'Dwtl yay weVtemo) It Maaug Aaaass IStrael, crs~ ~ town. sole. zp arse) ^Yet ®No 1 2 01bw (4121 Ow4ty. 11d a s.) W 'W 9aWt' Marrm°, Never aver Whit e 4 74 5 Augusta Dr . Oecnra•t 'eorem, aaorev ($peCSM wa. is s,rrw„y ~ to s~ Mechanicsbur "a'"'R•~e nasul.~n Married ~"10j"nan'el le. F.em,~s 8. PA 17057 svl~_ on oecauenr Robert L. Tuc~- N+nm (Ertl. male, taw. sWl,a) 1 TG. County LrW n t Harr `/ _ rl,~~d ,,Hovey, ITC.^Yet, Detedan,Uw°n ~ aYnuwMS Name ITYDe/Pnry) Tp ernon Stuart -~~- 'T°'^~~a.lwen Mechanicsburg Robert L. Il tpwe~IFau, nteye Tucker Martha McLean~i tla plav,ooaD~p~ za6. ~,r D9'/Bom • ^ ~ ^ R«noraltromblate ~ ,tw~~ ^DOrmuon 4tAU$ustl~]~t.~'tWe arotam~ z2a • q~ DWnimlAahatpy zlo.DamaortPtera„ly~,~r wul zm.vyGa echanlcsbur8e PA 17057 Sgnatra d Furwal Serv a ~~ 6earw f DaaarT fl Yet ^NO 1 1 Dgp0ip0^ IName a cem«ery, - aaeya<:rcnl ~19~2011 `r«rw°'''or°°r'pa~el 2t°. Oasrtrr tartJacoar earn ~la«w Nunwr 22c NarrM arm AetrW BF tner Cre ~D^IGN/nwn,tuu, OAtoen s m Cie1ww za. To m, netl a FD-0144 4- i0M• ~~ 01 C e LLC' ~. +V wael •'w+amnam.aoeuam "1•w10"~4e.aeameoart.eu/„ L 3125 Walnut St. Harrisburg, pA oyWt«wayr,. lmm.eneunawwup remat:lOn ~ eI'V1C2S ~15irweano wq Harrisbur PA 17109 1«ee zt~n ma w et1° v01aem eamtl M ~'S01 2e. irro a Deem z9o. Uwsu TYarWnr n one O fo 3 c7A1~ Provrnaa °...° IMOrwI. dr. re«, zx. one syr,b Ittoae, °„, »,,, wn'T Pao t. Ent¢r eve CAUSE OFD .~i, et^Jg - J.ta EATH •• 1 ~6. Was Cay respra,aY crew. a veNn~rty asst. aNayt, a ~/ecaeory _ mn y~ Mw4uglp„e uW eaempMe) Ru«re° m Meygt Ewrwyr / /F~ Gwaon wmwa K+N pue.a m.6wm, OO Nor en Ya ~~,~ Coraw w a om« man G A~eeaal) maease a tlbwty ~ ~ aM' am awy on YGl One. 4r lermjny «'MI{ such at <arouo anew. 1 '~GDraaenam iaervL. Pan II ^ ~~ «rY1en a Damear? wm ~~ a. ~[~~~~ Q" ~ ~ ~ ~ ~ r Orwr to Daem ~ Ea« arpr ~ _ m~~ ~ CA ~ a o Dw to a ~ ~~ --~'~"-aLa l ; da na ratutny n ni~ YI. Dq rooaoco^UyRevaM~ ~'aY r r ( as a ~, 1 "^e•Meg <aute pwn n Part I. ^ C01erbula b 4am? ~~'- . Ply w a rNq. issw ~ Due b la as a °01t•9ueree yl.. r ^ ~Itemown °°'rg n °w^p to r c. ; ~~aL.~~~ t- a a» to a ~ v. 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TUCKER, of New Castle County, Delaware, declare this to be my Will and I hereby revoke all prior Wills. ITEM FIlZST: TANGIBLE PERSONAL PROPERTY A. Lifetime Designation. If I should leave a statement (which is signed by me or is in my handwriting) expressing my wishes with respect to the distribution of certain items of my tangible personal property, I direct my Executor to probate such statement and I give to the persons named therein, who shall survive me, the tangible personal property indicated therein. In the event of two or more such statements disposing of the same property, the later shall govern with respect to such property. B. Testamentary Disposition. I give my tangible personal property not otherwise disposed of effectively, together with all policies of insurance thereon, to my husband, ROBERT L. TUCKER, if he survives me by thirty days, otherwise to such of my children, KEVIN S. TUCKER and SEAN C. TUCKER, who survive me by thirty days, in substantially equal shares as they shall agree; provided, however, that if any child of mine fails to survive me by thirty days leaving issue surviving me by thirty days, such issue shall share, per stirpes, in the distribution of my tangible personal property to the same extent as would have such deceased child had he survived me by thirty days. C. Persons under Leal Disability. I direct that my Executor represent the interest of any beneficiary under a legal disability in the distribution of my tangible personal property. A receipt for any such property distributed by my Executor in a manner that my Executor deems to be in the best interest of the beneficiary and the administration of my estate shall completely discharge my Executor with respect to such property. D. Costs of Delivery. I direct that all costs of delivering my tangible personal property, including costs of packaging, insurance and transportation, shall be paid as an expense of settling my estate. ITEM SECOND: RESIDUARY ESTATE I give and devise the residue of my estate to the Trustee of the Trust Agreement I entered into on Apri124, 1995, with myself as Trustee, to beheld and administered in accordance with the provisions of such Trust Agreement as they maybe in effect at the time of my death. 1 i_ I direct that the property passing to such trust be merged with the property already held therein and that no part of such property shall be considered to be subject to a separate testamentary trust; and such Trustee shall not be required to file any bond, with or without surety, or submit any inventory or accounting with respect to such property. ITEM THIRD: POWERS OF EXECUTOR A. Specific Powers. I authorize my Executor to exercise the specific powers hereafter enumerated (in addition to those conferred bylaw) in administering my estate, such powers not being exhausted by the use thereof: (1) To retain any of my property for such period as it deems to be in the best interest of my estate. (2) To sell at public or private sale, exchange for like or unlike property, lease for terms longer or shorter than the administration of my estate and otherwise dispose of any property not specifically disposed of hereunder at such price and on such terms as it shall deem to be proper. (3) To invest in such stocks, bonds, notes, securities, improved and unimproved real estate, open- and closed-end investment funds, bank common funds, life insurance and/or other property, whether real, personal or mixed and whether or not income producing, as it deems to be proper for my estate, regardless of any rules requiring diversification or limiting investments to specifically authorized investments or those which individually meet certain standards. (4) To purchase or sell property through such brokerage firms as it deems to be in the best interest of my estate. (5) To vote any shares of stock either directly or by proxy. (6) To participate in any proceeding for protecting or liquidating an interest in any property or for reorganizing a corporation or consolidating or merging one or more corporations, in either instance accepting new or substituted securities with different priorities, rights or privileges and paying any assessment or expense incident thereto. (7) To make any division or distribution in cash or in kind, or partly both, and to make reasonable and equitable valuations and apportionments thereof, and to elect to recognize, for Federal income-tax purposes, any gain or loss that maybe realized on a distribution in kind. (8) To rely upon such information in determining the rights of any person as it, after due diligence, believes to be correct. (9) To determine whether receipts and disbursements shall be credited to or chazged against income or principal, or partly both. (10) To borrow from any person and to encumber any property in my estate as security. (11) To institute, compromise, settle, submit to arbitration or litigate any claim. (12) To employ agents and advisers whose services it deems to be beneficial to the administration of my estate. (13) To hold property in the name of a nominee. (14) To maintain, repair, alter, improve, tear down, insure, lease for any period, partition, pay taxes on or otherwise deal with any real property or interest in real property. (15) To participate fully in the management of any proprietorship, partnership, or other business enterprise to the same extent that I could when alive. (16) To purchase and sell options to purchase any property. B. Deali ~ with Interested Parties. I authorize my Executor to enter into any otherwise-proper transaction with any beneficiary of my estate, the estate of any such beneficiary, any person acting as Executor hereunder or the fiduciaries of any trust or estate (even if such fiduciary shall be acting hereunder). C. Self-dealing. I authorize my Executor to utilize any services offered by, and to enter into business dealings with, any person acting hereunder if: (i) such services or business dealings aze otherwise proper for the administration of my estate (other than for the fact that it maybe "self dealing") and (ii) such services or business dealings are approved by the other person or persons, if any, acting as Executor. D. Exculpation of Others. No person dealing with my Executor shall be obliged: (i) to see to the application of any property delivered to my Executor, (ii) to inquire into the necessity or propriety of my Executor exercising any power, or (iii) to determine the existence of any fact upon which my Executor's power to act maybe conditioned. ITEM FOURTH: TAXES AND ADMINISTRATION EXPENSES A. Tax Elections. I authorize my Executor to use administration expenses as deductions for estate-tax purposes or income-tax purposes, and to use date-of--death values or alternate values for estate-tax purposes. I authorize my Executor: (i) to file a joint income-tax return with my husband for any taxable year or period, (ii) to consent to the splitting of gifts made by me or by my husband for gift-tax or generation-skipping-transfer-tax purposes and (iii) to pay from my estate all or any part of the resulting tax liabilities. B. Payment of Funeral Expenses Debts Taxes and Costs of Administration. I direct that: (i) my funeral expenses (including memorial service and marker), (ii) my debts (other than those owed jointly with another person), (iii) the costs of administering my estate, and (iv) all transfer taxes payable with respect to any property taxable by reason of my death, whether or not payable by my estate or by any recipient of such property and whether or not such property passes under this Will, shall be paid, to the extent possible, out of my residuary estate. I further direct that no tax payable by my Executor shall be apportioned among or charged against any property passing to any person, and my Executor shall not seek contribution with respect thereto, provided, however, that I authorize my Executor to call upon the Trustee of the trust referred to in ITEM SECOND for such funds as my Executor deems necessary or desirable for the payment of my debts, funeral expenses, costs of administration, legacies and transfer taxes, having regard for the best interests of my estate and the beneficiaries of my estate. In addition, if my husband shall have created a trust that contains provisions concerning costs of administration and taxes in my estate, I direct my Executor to call upon the Trustee of such trust for funds for the payment of such costs and taxes to the extent such funds maybe available under the provisions of such trust. Notwithstanding the foregoing, I direct my Executor not to accept from the Trustee of any trust referred to above any property that is not includible in my gross estate for federal estate-tax purposes (or that would not be so includible if it were not distributed to my Executor). I authorize my Executor to prepay taxes on future interests and to pay any Pennsylvania inheritance taxes within the time allowed for obtaining a discount thereon. C. Joint Obli atg ions. I authorize my Executor to pay any debt owed jointly with another, with or without seeking contribution therefor, as my Executor deems in the best interest of my estate. D. Equitable Adiustments. I authorize my Executor not to seek contribution from or adjust the interest of any person affected by any decision of my Executor or by operation of any law. ITEM FIFTH: POWERS OF APPOINTMENT I declare that I do not intend to exercise any power of appointment that I may have at the time of my death, and nothing in this Will is to be considered an exercise of any such power, in whole or in part. ITEM SIXTH: DEFINITIONS Terms used throughout this Will shall be construed in the gender and number required by the context in which they are used. In addition: A. "My husband" refers only to ROBERT L. TUCKER B. "Issue" includes all descendants of the individual referred to, whenever born. A child in gestation shall be considered to be living, but only if born alive. C. An adopted person shall, for all purposes, be deemed to be a natural child of the adopting person but only if legally adopted while under the age of eighteen (18). D. In determining an individual's issue, "per stirpes," the particular issue and their interests shall be determined according to the principle of representation, with the children of that individual being taken to be the heads of the respective stocks of issue, a parent taking to the exclusion of his or her descendants, and siblings sharing equally among themselves. E. "Person" includes an individual, corporation, partnership, governmental body or other entity. F. "Executor" includes the executor or administrator of a decedent's estate and includes all persons serving at any given time. G. "Trustee" includes all persons serving at any given time. H. "Code" means the Internal Revenue Code of 1986, as amended, or any corresponding Federal tax statute enacted hereafter. A reference to a Section of the Code refers not only to that Section but also any corresponding provision of any Federal tax statute enacted hereafter, as in effect on the date of application. I. "Transfer taxes" means all applicable federal estate taxes (except additional estate taxes imposed under Section 2032A of the Code), state inheritance or estate taxes, and federal and state generation-skipping transfer taxes imposed on any direct skip of which I am, or am deemed to be, the transferor, and any interest and penalties thereon. The term does not mean federal and state gift taxes, federal and state generation-skipping transfer taxes imposed on any taxable distributions, taxable terminations, and direct skips of which I am not, or am not deemed to be, the transferor, or any income, real estate transfer or other taxes or duties imposed by any governmental body. ITEM SEVENTH: SIMULTANEOUS DEATHS If the order of our deaths cannot be determined, then for the purposes of administering my estate, I direct that my husband shall be deemed to have predeceased me, notwithstanding any statute or rule of law to the contrary. ITEM EIGHTH: NOMINATION OF EXECUTOR A. Nomination. I nominate as Executor of this Will such one of the following, in the order listed, as shall be willing and able to serve: (1) my husband, ROBERT L. TUCKER; (2) my son, KEVIN S. TUCKER; or (3) my son, SEAN C. TUCKER. B. Bond. I direct that no person nam cutorthis ITEM be required to give bond before receiving letters testamentary as my Ex C. Ancilla`rv Administration. If ancillaryla~ e f ortsuch other pe son or my estate is required, I direct my Executor to appoint e resentative shall have all rights, powers and duties persons as it may choose. Such rep anted to my Executor and the costs of such ancillary administration shall be paid out ~' of my residuary estate. IN WITNESS WHEREOF, I, MARTHA S. TUCKER, being over ei teen (18) years of age, of sound mind and under no constraint or undue influence, do freely and voluntarily execute this Will this ~ ~ , 2005. l ~ day of /y~~,~`Wh~,_ ~ ~.~. c.~~-~- (SEAL) MARTHA S. TUCKER Executed by MARTHA S• TUCKER, a ence of each other, have ence of us, who, in her presence, at her request, and in the pres subscribed our names as witnesses on the same date. Witn~ : r _~P resident of ~(~"'`~'~'~"`^ ~~' ~~~~ .~~~ resident of STATE OF DELAWARE ) SS COUNTY OF NEW CASTLE ) Before me, the subscriber, on this day personally appeazed MARTHA S. TUCKER, _~ f p h n ~4 . F~G~'Z~ ,and W / l l i Gt .~ ~, dy /~aY' ~ ~/ , known to me to be the testatrix and a witnesses, respectively, whose names aze signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn, MARTHA S. TUCKER, the testatrix, declazed to me and to the witnesses in my presence that the instrument is her last Will and that she had willingly signed or directed another to sign for her, and that she executed it as her free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence and hearing of the testatrix, that such person signed the Will as witness and that to the best of such person's knowledge the testatrix was eighteen yeazs of age or over, of sound mind and under no constraint or undue influence. Witness ~C:9~ "A .d ~LLC C Ic ~. MARTHA S. TUCKER, testatrix ~~ W' ess Subscribed, sworn and acknowledged before me by MARTHA S. TUCKER, the testatrix, and subscribed and sworn before me by J ah h A - H~-t~~ and Gv/ l ~i C h+- /3. nCv Pon < </r; , witnesses, this l 9 ~ day of A~-t- ,, 2005. ~~-u~ ~`~~~ PATRICIA 1. BE~-UCHESNE 1~~ NOTARY PUBLIC Notarial Officer Signature Title STATE OF ~~ ~~ Commission Expires: -__--