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HomeMy WebLinkAbout03-22-12Reset PETITION FOR GRANT OF LETTERS REGiS'~'ER OF WILLS OF Cumberland 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 forma Decedent' . orm~an l` Ntime: Verna~H. Shultz File No: I ! -' ~~ a/k/a: (Assigned b Ry egisterj e' a/k/a: a/k/a; Date of Death: 02/27/2012 ~ Age at death: 94 Decedeni~ vyas domiciled at death in Cumberland County, Penn~,ylXania (State). with lu$%hCr-last principal residence at 77o south xanover street. Carli e. PA 17 . Street addr~, Post OiBce and Zip -ode ~-_- ~c c City, TowsaWP orBi~roaeL ~ , Lserty Decedent died at 770 South Hanover Street. Carlisle, PA 17013 . Street addles:, Post Office and Code ~p City, Township or Borough Cormy Stale Estimate of value of decedent": property at death: l _ _ . ~:, . , .~. ..~ ,. 3,(309~O1I~JO Ijdonticlkd lir PtnnsylNattia..... .. .... All petsoaal property I not donskil~iin Pcn lvattia ........................ P ~'~"'"" l ~+Y ersonal property in Pennsylvania $ . Ijnot doasiciled in Fennsytvania ........................ Ptisonal~property in County $ .. Value of real estott ~ Pennaytvania .......................:. .....:........................... S 7 T01'AL ESTIMATED VALUE.... S 3,750,000.00 Real estate in Pennsylvania situated at: Bear Road. Carlisle. Pa Rimer Hi¢Itwav. Carlisle Pa, South Hanover St. Carlisle PA (Attach additional sheets, tjnecessary.) Street address, Post Oflke and Zip Code City, Township oi' Boroagh A. Petition for Probate and Grant of Letters Testatnentarv Petitioner(s) aver(s) he/she/they is/are tbe Executor(s) named in the last Will of the Decedent, dated November 4, 2011 and Codicil(s) thereto dated _ State relevant circamataaces (Gg. -rnaNClation, death ojexscxtor, eta) 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. Q NO EXCEPTIONS ~ EXCEPTIONS B. Petitioa for Grant of Letters of Administration (lf applicable) ~- -- - c.ta:, d.b.n., d.b.n:ca.a., pendente life, durance absentia, durome minoritate uAdministration,Giza. or db.n.Gta., enter date of Will in' Sectioltt A above aed 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 yver adjudicated sa, incapacitated person. © NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after aproper siearch has/have ascertained that Decedent left no Will and was survived by the following spouse (ifany) attd hat+a (attach: Form 1tW-b3" -rev. 10/11/2011 Page 1 Of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitiitnat(s) Printed Name Petitioner(s). Printed Address ~ ..,__ F 8c M Trust: an 1901 Rimer Hi wa Carlisle PA 17013 ~~ ~"" Attn: David C: Dori ~-- The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and con~t to the best of the knowledge and belief of Petitionet(9} and° that, as Personal Representative(s) of the ~ t:kthe Peti 'oner(s will well and truly administer the estate acoordatg to Iaw Sworn to i ed ri d re ~ ~ Date ,3 draT' /•-~• me "t a~of _ / ~ Date By: _ _ Datc Re~istei~ - Date BOND 1(tequireda ~ YES' Q NO FEES: ~ ` Le ..... ... .. $ t7 .Ors" . ( ~~) Short Certificate(s)...... , p0 ( )Renunciation(s):....... . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond .... .................. Commission ................. . Automation Fec .............. . JCS Fee. .... ...... TOTAL ..................... $ To"tlie Register of Wills: . Please. enter my appearance by my signature below: A omey Signature: Printed Name: No V. Otto III, Esquire Supreme Court ID Number: 27763 .Firm Name: Manson Law Offices Address: 10 East Hi¢h Street Carlisle, PA 17013 717-243-3341 717-243-1850 inttn(almartsnnlaw_cnm ~~ DECREE" t~F fiHE REGISTER Estate ol• Vetntl H. Shultz File No: ,~ f ~ - Q~T, a/k/a: WAND-NOW,,.... _; ~ ~, in considerafion of the foregping Petition, , satisfactoproof-diving been presented before me, IT IS DECREED that Letters Testamentary - ~'+ are hereby granted to F & M Trust"Company . _ .c ., , :. in the above estate and (if applicable) that ,the instrument(s) dated November 4 2011. described. iii the Petition be admitted to probate and filed of r r as the last.. _(antl 'cl(s}} o edemt. .~ Register of Wills ~/ ~y ~ Form RW-02 rev. 10/11/2011 F:IFII.ESICIim1~53~0 ShWIZV540.2 EF155411.2.wi11.20i1 . ~ ~ ~~ ff'f~ ~ ~° n [~ LAST WILL AND TESTAMENT ~ o° -` `~ ~ f I, VERNA H. SHULTZ, of the Borough of Carlisle, Cumberland County, Sylvania, 4~ ~' being of sound and disposing mind and memory, do hereby make, publish and declare this tc~he my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all death taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM TWO I give, devise and bequeath all of my estate, both real and personal property, unto my Trustee who shall divide the trust estate into as many shares as I have daughters then living, including either of my daughters who has predeceased me but leaves issue surviving. The share of any daughter who has predeceased me but leaves issue surviving shall be further divided into separate trusts, per stirpes, for each of such issue. The Trustee shall hold each of such shares for the following purposes: A. With respect to any such share held for the benefit of either of my daughters, the Trustee shall pay the net income of such share to or for the benefit of such daughter in at least quarterly installments. Further, the Trustee shall be at liberty to invade the principal of such share to provide for the health, education, maintenance and support of such daughter, keeping in mind the other resources available to such beneficiary for such purposes. Upon the death of such daughter, the Trustee shall divide such share into as many shares as such daughter has issue then living, per stirpes. The Trustee shall hold each such share as set forth in paragraphs B and C, of this ITEM TWO. If such daughter shall die without issue, such share shall be added to the other shares created hereunder for the benefit of my other daughter or her issue, per stirpes. B. I specifically direct that the Trustee shall allocate to the share to be held for the [Initials] Page 1 of 8 Pages v+ benefit of my daughter, NANCY S. MILLER, or her issue, certain real estate located in West Pennsboro Township, Cumberland County, Pennsylvania, being composed of approximately 67 acres and a dwelling designated as Cumberland County, Pennsylvania, Tax Pazcel No. 46-08- 0581-012. Further with respect to any such shaze held hereunder for the benefit of the issue of my daughter, NANCY S. MILLER, until the beneficiary of such shaze shall attain the age of thirty (30) yeazs, Trustee shall pay so much of the income and principal of the trust as is necessary, in Trustee's sole discretion, for the health, education, maintenance and support of the beneficiary thereof, keeping in mind the other resources available to such beneficiary for such purposes. Upon such beneficiary's attaining the age of thirty (30) yeazs, all accumulated income and principal of such shaze shall be distributed outright to such beneficiary. In the event any of the issue of my daughter, NANCY S. MILLER, fails to attain the age for distribution and leaves no issue surviving, then such shaze shall be divided among the surviving issue of NANCY S. MILLER, per stirpes. C. With respect to any such share held hereunder for the benefit of my granddaughter, ELIZABETH HUNT, my Trustee shall pay so much of the income and principal of the trust as is necessary, in Trustee's sole discretion, for the health, education, maintenance and support of the my said granddaughter, keeping in mind the other resources available to her for such purposes. Upon the death of my said granddaughter, should she be survived by issue, until such beneficiary's attaining the age of thirty (30) years, Trustee shall pay so much of the income and principal of the trust as is necessary, in Trustee's sole discretion, for the health, education, maintenance and support of the beneficiary thereof, keeping in mind the other resources available to such beneficiary for such purposes. Upon such beneficiary's attaining the age of thirty (30) yeazs, all accumulated income and principal of such shaze shall be distributed outright to such beneficiary. In the event my granddaughter, ELIZABETH HUNT, leaves no issue surviving at her death, then such shaze shall be held for the benefit of my great- granddaughter, LAUREN MILLER with substitution of issue. With respect to any such share held hereunder for the benefit of my great-granddaughter, LAUREN MILLER, or her issue, until the beneficiary of such share shall attain the age of thirty (30) yeazs, Trustee shall pay so Page 2 of 8 Pages ~, [Initi much of the income and principal of the trust as is necessary, in Trustee's sole discretion, for the health, education, maintenance and support of the beneficiary thereof, keeping in mind the other resources available to such beneficiary for such purposes. Upon such beneficiary's attaining the age of thirty (30) years, all accumulated income and principal of such share shall be distributed outright to such beneficiary. ITEM THREE POWERS OF EXECUTOR AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executor and Trustee, and its successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, securities or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; [Initials Page 3 of 8 Pages G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in its absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion of the fiduciary(ies) hereunder, unable to properly administer such [Initials] Page 4 of 8 Pages ), amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: (1) Directly to such beneficiary; (2) To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; (3) To a person having custody of such beneficiary for the benefit of such beneficiary; (4) By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application of payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. P. To employ agents, attorneys and proxies and to delegate to them such power as my Executor and Trustee or his successors consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM FOUR PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. ITEM FIVE APPOINTMENT OF EXECUTOR AND TRUSTEE I nominate, constitute and appoint F&M TRUST, with offices in Carlisle, Pennsylvania, or its successor, as Executor of my estate. [Initials] Page 5 of 8 Pages I hereby appoint the said F&M TRUST, or its successor, as Trustee of any trust created hereunder. A majority of all income beneficiaries of the trust or trusts created under this Will may from time to time remove any corporate trustee then acting for reasonable cause and substitute another corporate trustee; provided, however, that such successor corporate trustee shall not be a related or subordinate to any one or more of the beneficiaries hereunder within the meaning of Internal Revenue Code § 672(c) or successor provisions. When the removed corporate trustee has received written notice of its removal and has been notified in writing by its successor corporate trustee of the tatter's acceptance, the removed corporate trustee shall surrender all books, records, and assets in its possession comprising any portion of the trust or relating to the trust. In no event shall the removed corporate trustee charge a "termination fee" based on a percentage of trust assets as a result of such removal but shall be entitled only to charge such fee as fairly represents the cost of any accounting required by the beneficiaries or successor corporate trustee as part of such removal and substitution. The removed corporate trustee shall not be relieved of liability until its successor has qualified and the removed trustee's accounting, if applicable, has been settled or the beneficiaries and successor corporate trustee have otherwise accepted an account stated in lieu of a formal accounting. As used in this paragraph, the term "reasonable cause" includes, but is not limited to: (1) poor investment performance, (2) the removal of all current income beneficiaries from the state in which the corporate trustee is licensed to conduct business as a corporate trustee, (3) inattention to the reasonable needs of the beneficiaries, (~) lack of communication between trustee and beneficiaries, (5) inaccurate or unclear transaction statements or statements of account, (6) conflicts between the corporate trustee and the beneficiaries, (7) merger, acquisition or deteriorating financial condition of the corporate trustee, or (8) high turnover of account officers assigned to any trust under this Will. ITEM SIX WAIVER OF BOND I direct that all fiduciaries acting under this Will, whether or not named herein, shall not be required to file any bond in any jurisdiction to secure the faithful performance of duties, nor [Initials] Page 6 of 8 Pages ~~ shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. WITNESS WHEREOF I have hereunto set my hand and seal this 4i ~ day of 2011. ~~ r r' ~SsMrv.~~ ~ (SEAL) Verna H. Shu tz SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscr'i~ed our names as witnesses thereto, in the presence of the s id T atrix and of each other. ~~`\~"_~ Page 7 of 8 Pages COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) We, Verna H. Shultz, No V. Otto III, and ~~ ~ ~c ~~ ,the Testatrix and the witnesses, respectively, whose names are signed to the 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 the Testatrix has signed willingly, and that the Testatrix executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as a witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. 'V~ ~l. Verna H. Shultz, Tes atrix '~ Witness c i ness Subscribed, sworn to and acknowledged before me by Verna H. Shultz, the Testatrix, and subscribed and sworn to before me by No V~Otto III and/ ,/ ~° ~ ! , the witnesses, this ~~ day of ~~' /n ~f,,c.•w !,~ , 2011. Notary Public cOM~`~01- v~,rn~- ~~, sue. Victoria L. Otto, Notary public Carlisle Boro, Cumberland County M commission ex ices Decemba' 20, 2014 Page 8 of 8 Pages