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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
PetitioAer(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:
Decec~fpt's Information
Name= Elizabeth Ann Vice
a/]c/a:
a/lda:
a/k/a:
Date Of Death: December 23, 2011
File No• U1 I - ~ ~ ~~~5
(Assigned by Register)
Social Security No: 042-20-9803
Age at death: 84
Decedent was domiciled at death in Cumberland County, pennSYlvania (Stare) with his/her last
principal residence at 312 W. Courtland Avenue Shiremanstown Cumberland
Street eddreas, Poat Office snd Zip Code City, Township or Borough County
Decedent died at 312 W. Courtland Avenue Shiremanstown Cumberland PA
Street address, Poat Office snd Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ............................All personal property
If7~pt domiciled in Pennsylvania ........................ Personal property in Pennsylvania
If Not domiciled in Pennsylvania ........................Personal property in County
Yalsre of real estate in Pennsylvania ........................................................ .
entireties interestTAin STIMATED VALUE....
1 wi
500,000.00
t }~ f 1 $
Real estitte in Pennsylvania situated at: 312 W. Courtland Avenue, Shiremanstown, ~~- 170Q1 8f condo ~tT 603 Colonial View Road
(Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County
Mechanicsburg, PA 17055
® 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 March 21, 2011 and Codicil(s)
thereto dated
State relevant circumstances (eg, renunctation, death ojexecutor, etc.)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not many, 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 bom or
adapted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
O NO EXCEPTIONS ®EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendente life, durante absentia, durante minoritate
If Administration, c.ta. or d b.n.c.l: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.
Q NO EXCEPTIONS o EXCEPTIONS
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 (attach
additional sheets, if necessary): C~
Name Relationshi Address ~"-' ~~
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Fo,mRw-oz rev. 10/11/2011 Page 1 oft
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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Official Use Onl~t ~.,,r.
Petitioner(s) Printed Name Petitioner(s) Printed Address.,
John ,Vice 312 W. CourtlandAvenue Shiremanstown PA 1'i®~~i:'a",,~~` ~-'~•%i--~`7
~, '
The Petitioner(s) above-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 Petitianer(s) and that, as Personal Representative(s) of the Dec t, Petitioner(s) w, ill~l and truly administer the estate according to law.
Sworn to affirmed subscribed before ~~- Date I - 9- i'Z
me thi day of u u ~ Date
RY~ Date
Fos a Register Date
BONA Required: ®YES NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters ...................... $
(~ )Short Certificate(s)...... -
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission. ............. .
Other L~ ~ ~ ~ ..... .
Attorney Signature:
Printed Name: David R. Black, Esq. -"
Supreme Court
ID Number: 24405
Firm Name: Black, Stranick & Cella, P.C.
Address: 327. W. Frnnt Street
Media, PA 1906't
•••••••• Phone: 610-566-8500
Automation Fee ............... -- Fax: 610-566-4375
JCS Fee . .................... ~ ~ - Email: dhlack lawhcc_cnm
TOTAL ..................... $~_
y~5 S~
DECREE OF THE REGISTER
Estate of Elizabeth Ann Vice File No: _ ~ ~ ~ ~ ~ Wok
a/k/a:
AND NOW,,~.~p
satisfactory proof having
the instrument(s) dated _,;
described in the Petition be
~~ ' ~ 01-- , in co ideration of the foregoing Petition,
~ted before me, IT IS DECREED t Letters
hereby granted to ~~ c~ „-, y'; «_
in the above estate and (if applicable) that
to probate and filed of record ass the ~~ Will (and C(~~,cil(s)) of
~~- ~~~~~
Form Rw o2 rev. 10/11/2011 Page 2 of 2
HIOs.RnS RFV [nlln-~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 18037793
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.
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Local Registrar Date Issued
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Inostes REV nreoas COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
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P+r CERTIFICATE OF DEATH
mac ~ (See Insductions and examples on roverse)
S7A7E FILE NUMBER
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LAST WILL AND TESTAMENT
OF
ELIZABETH ANN VICE
I, ELIZABETH ANN VICE, of Shiremanstown, Cumberland County, Pennsylvania,
declare this to be my Last Will and revoke any Will previously made by me.
FIRST: IDENTIFICATION OF FAMILY
I declare that I am married to JOHN H. VICE and that all references in this Will to my
"Husband" are references to the said JOHN H. VICE. I have four (4) children, now living:
LYNN ANN VICE, JACKIE ANN VICE-BLACK, BETTA ANN BORRELLI, and JOHN
MICHAEL VICE.
SECOND: GIFTS
Personal and Household Effects: I give all my articles of personal or household use,
including automobiles, and all insurance on that property:
A. To Husband: To my Husband, JOHN H.VICE, if he survives me by thirty (30) days.
If he does not so survive me, I give all such property and insurance:
B. To Children: To those of my children who so survive me to be divided among them
as they may agree. In the absence of agreement, the division shall be made as my Executor may
think appropriate. However, articles which my Executor considers unsuitable for my children
may be sold and the proceeds added to my residuary estate. ~- ~~ ~ ~ ~ -- ==~ ~'
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Page 1 :,~ c~ : , -._ _i
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THIRD: DISTRIBUTION OF RESIDUE IF SPOUSE SURVIVES
I give the rest of my estate to my spouse, JOHN H. VICE, if he survives me for a period
of thirty (30) days; provided that should my spouse disclaim any interest therein I direct that such
interest shall be given to my Trustee to hold In Trust upon the terms set forth in the following
paragraphs. If my spouse does not survive me by thirty (30) days, I give the residue of my estate
in four (4) equal shares to my children to share and share alike, per stirpes. .
FOURTH: DISCLAIMER TRUST
If my spouse disclaims in whole or in part any property or interest therein otherwise
distributable to him upon my death, such property or interest shall be distributed to my Trustee
hereinafter named, In Trust, to keep invested and to make distributions therefrom as follows:
1. Pavements During Saouse's Lifetime: During my spouse's lifetime:
a. The entire net income shall be paid to him monthly or such other interval as
my spouse shall find convenient which will be convenient also to the Trustee;
b. As much of the principal as my Trustee in his sole discretion may from time
to time think desirable-taking into account funds available from other
sources- for the health, support, maintenance or education of my spouse shall
be paid to him; and
c. My spouse shall have the right in each calendar year to withdraw from the
principal up to $5,000 and, in addition, if he is living on December 31, of any
year, to withdraw up to five percent (5%) of the fair market value of the
principal determined on December 31, of the preceding year (the amount
Page 2
subject to withdrawal as of December 31 to be reduced by any prior
withdrawals made pursuant to this subparagraph (c) during that year, and any
rights of withdrawal for a particular year to lapse if not exercised during that
year).
J d. I intend my Trustee to use rinci al liberall form souse to enable him to
P P Y Y P
maintain insofar as possible the standard of living to which he has been
accustomed during my lifetime.
2. Payments Uaon Saouse's Death: Upon my spouse's death, the balance of the
then remaining principal of the Trust shall be divided into four (4) equal shares there are
children of mine then-living and children then-deceased who are represented by issue,
and I give one (1) such share to each child of mine, per stirpes.
FIFTH: MINOR'S TRUST
Whenever a person under the age of twenty-one (21) years (minor) becomes entitled to a
share of my estate, that share shall be retained and invested by my Trustee hereinafter named. As
much of such share, together with its accumulated income, as my Trustee may from time-to-time
consider desirable for minor's health, maintenance and support shall be paid to the parent or any
guardian of the minor, or shall be applied directly for such purposes. Any part of such share not
so paid shall be distributed outright to the minor upon his/her reaching t:he age of twenty-one (21)
or, should the minor die prior thereto, directly to those persons who would be entitled to the
estate under, and in such proportions as is provided by, the then-existing intestate law of the
Commonwealth of Pennsylvania.
Page 3
SIXTH: TAX PROVISIONS
A. Survivorship: My Husband shall be deemed to have survived me if the order of our
deaths is not clear.
B. Death taxes: Except as may otherwise be provided in my Husband's Will or Trust
or in any other Trust, all federal, state and other death taxes payable because of m death on the
~°~ y
~j property forming my gross estate for tax purposes, whether or not it passes under this Will, shall
be paid out of the principal of my probate estate. None of those taxes shall be charged against
the Disclaimer Trust or any beneficiary. The provision concerning payment of taxes shall not
apply to generation-skipping taxes and any property over which I have a general power of
appointment for federal estate purposes.
C. Tax Provisions: I authorize my Executors:
1. Death Taxes: To elect to have a specific portion or all of any property of
mine qualify for the federal estate tax marital deduction in my estate if such property could
qualify by making the election and to exercise any other options available in determining and
paying death taxes in my estate, and to allocate my generation-skipping tax exemption;
2. Income Taxes: To join with my Husband in filing a joint income tax
return; and
3. Gift Taxes: To consent to any gifts made by my Husband being treated as
having been made one-half by me for the purpose of laws relating to gift tax.
Page 4
SEVENTH: PERSONAL REPRESENTATIVES
A. I appoint my Husband, JOHN H. VICE, Executor of my estate. If for any reason
the said JOHN H. VICE is unable or unwilling to serve, then I appoint: LYNN ANN VICE as
V succeeding Executrix.
B. I appoint my Husband, JOHN H. VICE, to serve as Trustee of my Trust Estate;
provided however that my Trustee shall be limited in invading the principal of the Disclaimer
Trust as set forth in Article FOURTH set forth hereinabove. If for any reason my Husband,
JOHN H. VICE, shall be unable or unwilling to serve as my Trustee, then I appoint my
daughter, LYNN ANN VICE, as Trustee of the Disclaimer Trust; or if :my daughter is unable or
unwilling to serve or shall cease to serve at some future time, then I appoint my son, JOHN M.
VICE, as Second Successor Trustee of the Disclaimer Trust.
C. I appoint my son-in-law, DAVID R. BLACK, ESQ., to serve as Trustee of the
Minor's Trust. If for an reason my son-in-law, DAVID R. BLACK, ESQ., shall be unable or
unwilling to serve as my Trustee, then I appoint my daughter, LYNN ANN VICE as Trustee of
the Minor's Trust, or if my daughter is unable or unwilling to serve or shall cease to serve at
some future time, then I appoint my daughter, BETTA ANN BORRELLI, as Second Successor
Trustee of the Minor's Trust.
D. I recommend, but do not require, that my son-in-law, DAVID R. BLACK,
ESQUIRE, or his successor at Black, Stranick & Cella, P.C. be selected to serve as counsel to
my estate. I direct my Executor to make payment for legal services rendered by counsel at his
standard rates for such services.
Page 5
E. I direct that my personal representatives, whether they are Executor or Trustee,
shall not be required to give bond for the faithful performance of their duties.
(~~ U
V~ EIGHTH:
ADMINISTRATIVE POWERS
A. Protective Provision: To the greatest extent permitted by law, before actual
payment to a beneficiary, no interest, income or principal shall be assignable by the beneficiary
or available to anyone having a claim against the beneficiary.
B. Powers of Personal Representatives: I authorize my Executor and/or Trustee:
1. To retain and to invest in all forms of real and personal property, regardless of
any limitation imposed by law on investments by fiduciaries, and to exercise all rights ordinarily
belonging to the owner or investor in said property.
2. To sell, exchange, mortgage, lease, repair, alter and/or improve any real or
personal property and upon such terms as to cash, credit or options as he in his sole discretion
may deem appropriate and to do all things necessary or ordinary in achieving these ends.
3. To borrow money from any source or to pledge any assets therefore.
4. To allocate receipts and expenses to principal or income or partly to each as he
from time-to-time thinks proper in her sole discretion.
5. To treat administrative expenses either as income tax or as estate tax
deductions, without regard to whether the expenses were paid from principal or income and
without requiring reimbursement.
6. To compromise claims and to abandon any property which, in his opinion, is
of little or no value.
Page 6
7. To distribute investment assets in kind wherever possible, unless in the
exercise of his discretion, it would be imprudent to do so.
8. To engage accountants, agents, custodians, clerks, investment advisors
includin banks r
( g , b okerage, firms or trust departments) and such other persons as he may deem
advisable to assist his in making decisions, and to make such payments therefore as he may deem
reasonable, and to delegate to such persons any discretion which he may deem proper; provided
that the majority of beneficiaries then entitled to share in my estate shall agree to such
engagements; and provided further that my beneficiaries, by majority vote, may cancel any such
engagements and/or replace those advisors so engaged.
9. To receive a commission for serving as Executor or Trustee in amounts which
are reasonable and customary for estates and trusts of similar size administered within the
Commonwealth of Pennsylvania.
10. To receive reimbursement for reasonable expenses of administering estate
funds, including travel expenses and expenses of engaging professionals.
11. I request that the funds of the Trusts contained in this document should
continue to be invested in stocks, mutual funds and bonds (investment grade or higher) as may be
determined by the Trustee in his discretion.
These provisions shall be in addition to those granted by law, shall continue in full force
and until the actual distribution of the property and shall be exercisable without court
authorization.
C. Protection of Personal Rearesentatives: I hereby direct that my estate shall
indemnify and hold harmless my personal representatives, including executors, trustees,
Page 7
attorneys, and the like, from liability for any negligence, whether by act or omission, which is
alleged to have been committed in his/her representative capacity during the administration of my
estate; provided, however, that my personal representatives shall not be indemnified or held
harmless with respect to acts or omissions of willful malfeasance.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, which consists of nine (9) pages, this ~. i ~ day of `~i <a~t-c.~ , 2011.
.~
ELIZ ~ TH ANN VICE
The preceding instrument, consisting of this and eight (8) other pages, identified by the
signature of the Testatrix, was on the day and date thereof signed, published and declared by
ELIZABETH ANN VICE, the Testatrix therein named, as and for her Last Will, in the presence
of us, who at her request, in the presence and in the presence of each other, have subscribed our
names as witnesses hereto.
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fitness A dress
Page 8
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND .
We, ELIZABETH ANN VICE, the Testatrix, and ~= - e~Sc~r l~J ~ nGe~r and
~ E ' t e 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 and that she had signed
willingly, and that she executed it as free and voluntary act for the purposes therein expressed,
and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as
witness and that to the best of their knowledge the Testatrix was at the time eighteen (18) years
of age or older, of sound mind and under no constraint or undue influence.
f
ELI ETH ANN VICE
Subscribed, sworn to and acknowledged before me by ELIZABETH ANN VICE,
the Testatrix, and Subscribed and sworn to before me by ~- •~1scm u~~`nuQ_ ~; and
K. nn~ja~~ 4 E ~ ~~,11~era e~ ,witnesses, this ~ 1s~day of ~(Y~afzc~-1 , 2011. V
mMMONVVEALTH OF P9~NUSYIVAiV~..
Nolerlel Seel
uenise K vYureOe~, Notary Aiblc
` C2Rip NII! Boni, Qell~
y011MB15SGw, ~-~ MMvI I11~ 15
Notary Public ~ a~an~m~anu ~ss~xv-ttoN of worv~s
Page 9
Wi ess