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HomeMy WebLinkAbout04-05-12PETITION 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 Infotrmstion ~, __ I ~ "'~-~ Name: Renee R. Feldman File No• a/k/a: a/k/a: Social Security No• Date of Death: March 30, 2012 Age at death: 100 Decedent was domiciled at death in CttmberL~nd County, Pe~+*+avlvania (state) with his/her last principal residence at 355 S. S Hill Road, A t 27 Mechanicsbttr i Cumberland Conaty Street addrea, Post /NBee aad Zip Code Ci Townsh~ ty, t or Borong Decedent died at 355 S Sporting Hill Road, Apt ~ Mechanicsburg Cumberland PA County State Street address, Poet Otfke and Zip Code City, Townsh~ or Borough Estimate of value of decedern's property at death: $ 100,000.00 If donrict7id in Pennrylvania ............................ All personal property Personal property in Pennsylvania S Ijnot dasnicr7td in Pennsytvanie ........................ If not danfcfled in Pennsylvania ........................ Personal property in County $ 0 Value ojreal es~rte in Pcnnaybaura ...................... ..... ........................... $ TOTAL ESTIMATED VALUE.... $ 100,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets. if necessary.) ., Street address, Post Offiee and Zip Code City, Township or Borough a..ouaay ® A. Petition for Probate and Grant of Letters Testamentary jan,~y 6, 2010 and Codicil(s) Petitioner(s) aver(s) he/shehhey is/are the Executor(s) named m the last W ill of the Decedent, dated thereto dated State relevant eirenautaaeee (e g. renunciation, daatk of ezecwor, rta) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a partyto 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 Dement was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS O EXCEPTIONS B. Petftion for Grant of Letters of Administration (lf applicable) c.t.a., d.b.n., d.b.n.c.t.a., pendente life durance absentia, durante ntinoritate If Administration, c.i:a or db.n.Gta, enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a patty 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 O EXCEPTIONS petitioner(s), a8er a proper search has/have ascertained that Decedent le$ no W ill and was survived by the following spouse (if any) and heirs (attach additiona{sheets, if necessary}: Form RW-02 rev. 10/11/2011 Page 1 of 2 H I OS.gUS F.E~~ r9~ I I ~ -~ LUC . EGISTRAR'S CERTIFICATION OF DEATH ~F~•;~~.'~!~=~~~ ~It is illegal to duplicate this copy by photostat or photograph. Fee for this certificat 0 € ~; ~+~ This is to certify that the information here given is ;~~~ ~~~ -~j ~~'~ correctly copied from an original Certificate of Death ' ~~ 1 R - •t The original CLERK CF pRPM~'~!'S C~~RT ,~ ^ ro ~a P 18 2~}`~"~` ' ' Certification Number rva/rrw r duly filed with me as Loc,a eggs rar. b certificate will he forwarded to the State Vital Re rds Office for pe manent filing. ~ a- ~~- __ - -Local F:e ~ tray Date Issued coMMOwwwrx a ntxanvrNa • otruttTMtxrar te~tTx • wTKtccaros m«r`. • ` -• • • Mel a I 3. sa t. twae.m~+wa x.ar wn, Mmae, t«,. SNt.I 2012 Felmle 283-09-2289 March 30, enea R. Peldman D Wm • Ceuntn Y. McY,t MenW Dea r,wi MMaae, anwr 7, 1912 r, tNxrta.lrrmxd 100 N. mri«eltn I p. M,l4rre en1 p, W. Ic ~ twp Penns lvanis 355 S. Sporting Hill Rd ra•M°M'"t"rN .w 1 1 ~~«•ee«Yr.e.WwxawiN ~.,•h«ni,•.6urt: wr/e«e rexO,nee sytrMl M l l . ye ~~ „aae amrm ar,r wa oerdr ]L f.[arNUS~„w rera to. f7 ra oW Om+aa.n Om.«ar Otmara«nw OtaNrm.n sMer taa:l rwn ti. 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FELDMAN, currently of Mechanicsburg, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. ARTICLE I Tangible Personal Property I bequeath such items of my tangible personal property as are specifically itemized on the list, if any, in my handwriting, signed and dated by me at the end thereof, and attached to this, my will, to the persons named thereon to receive such items. I bequeath to my children, Bruce A. Feldman and Laurie J. Lyon, such items of my remaining tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, as they each may choose, and any disparity among them shall be equaled by such payments among them as may be necessary. Any remaining personalty not so distributed shall be sold by my executor, and the proceeds shall be added to the residue of my estate. ARTICLE II Specific Charitable Cash Legacies A. Temple Ohev Sholom. I give to the Temple Ohev Sholom, which currently maintains its temple at 2345 North Front Street, Harrisburg, Pennsylvania, or the succession organization thereto, the sum of Ten Thousand Dollars ($10,000.00), provided such organization is at the time of distribution a charitable or religious organization, to which contributions are deductible under section 2055 of the Internal Revenue Code of 1986, as amended, or any successor section thereto. B. Blinded Veterans Association. I give the sum of Five Thousand Dollars ($5,000.00) to the Blinded Veterans Association which presently maintains its principal office in Washington, D.C., for the general use of such organization, provided such organization is at the time of distribution a charitable organiz~xipn to which contributions are deductible under section 2055 of the Internal Revenode c~a v of 1986, as amended, or any successor section thereto. --,~.-~ ~~r ~_.... ~ rn ~% cn ~ 'fi ~~~C7 ?C?'~'1 ~..: C ~ --t y ..> `Y~ ~, ;.~ ~=~~ c -~-a ~_-~ ~;v; C.f1 '.." r>> ~. .~ t_ ;t __. T ice) f-` ,[~~'~~t .I"" ~.!~ C'7 t ARTICLE III Powers of Appointment I declare that I do not by this Will intend to exercise any power of appointment. ARTICLE IV Specific Cash Bequests A. Individual. I give the following individuals such sums, subject however, to terms of the Descendants' Separate Trusts as set forth in Article V hereunder whereby the father of each such individual named below shall serve as Trustee of his child's separate trust. If the father of such named individuals is unable or unwilling to serve as Trustee, then the mother of such named individuals shall serve as Trustee. 1. I give to my granddaughter, Jennifer L. Feldman, the sum of Ten Thousand Dollars ($10,000.00), subject to the terms of the Descendants' Separate Trusts. 2. I give to my granddaughter, Amanda R. Piro, the sum of Ten Thousand Dollars ($10,000.00), subject to the terms of the Descendants' Separate Trusts. B. Survivorship. Any Beneficiary hereunder who dies within sixty (60) days following the date of my death shall be deemed to have predeceased me for all purposes of this Article. ARTICLE V Descendants' Separate Trusts Property that is to be held in the Descendants' Separate Trusts for the individuals named in Article IV above shall be held under this Article and all references to the "Descendants' Separate Trusts" shall be to the trusts held under this Article. Each Beneficiary's share shall be held as a separate trust. A. During Beneficiary's Life. The following provisions shall apply during the Beneficiary's life: 1. The Trustee shall distribute to the Beneficiary the net income of the trust at least annually. 2. The Trustee shall distribute to the Beneficiary as much of the principal of the trust as the Trustee may from time to time determine, for the Beneficiary's health, education, support in his or her accustomed manner of living, or maintenance. -2- 3. The Beneficiary may withdraw all the principal at any time after attaining age thirty (30). Prior to that, at any time after attaining age twenty-five (25), the Beneficiary shall have the right to withdraw one-half of the then fair market value of the trust assets. B. Upon Beneficiary's Death. Upon the Beneficiary's death, the property then held in his or her trust shall be distributed to such one or more persons out of a class composed of the Beneficiary's descendants, and surviving spouses of the Beneficiary's descendants on such terms as the Beneficiary may appoint by a Will specifically referring to this power of appointment, or in default of appointment or insofar as an appointment is not effective; to the Beneficiary's descendants then living, per stirpes, subject to the terms of the trusts under this Article, or if there are no descendants of the Beneficiary then living; to my descendants then living, per stirpes, subject, however, to the terms of the trusts under this Article. ARTICLE VI Residue I bequeath, devise and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I have a power of appointment into two separate and equal shares to be distributed outright to Bruce A. Feldman and Laurie J. Lyon, per stirpes, subject, however, to the terms of the Descendants' Separate Trusts in the case of any beneficiary other than a child of mine. ARTICLE VII Spendthrift Clause No interest of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his or her interest, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his or her debts, contracts, torts, or other engagements of any type. ARTICLE VIII Facility of Payment for Minors or Incompetents Any amounts or assets which are payable or distributable to a minor or incompetent hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. -3- ARTICLE IX Powers A. Fiduciary Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent of any court: To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, notwithstanding that said property may not be of a character authorized by law. 2. To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. 3. To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. 4. To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. 5. To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. 6. To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. 7. In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. -4- 8. Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. 9. To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. 10. To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. 11. With respect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to pay out of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversian, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. 12. To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, including without Nimitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. B. Exoneration from Security. No Executor shall be required to give bond or other security in any jurisdiction and, if despite this exoneration a bond is nonetheless required from it, no sureties shall be required. -5- ARTICLE X Taxes I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor may in the discretion of my executor request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me or my husband, to the extent expressly authorized under the terms of said trust. ARTICLE XI Fiduciaries I appoint as executor hereunder my son, Bruce A. Feldman. If he should be unable or unwilling to serve or to complete the administration of my estate, then my daughter, Laurie J. Lyon, shall serve in his place. My executor shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of duties hereunder. IN WITNESS WHEREOF, I, RENEE R. FELDMAN, herewith set my hand to this, my last Will, typewritten on seven (7) sheets of paper including the self-proving attestation clause and signatures of witnesses, this ~ day of January, 2010. ~~G -,~ ~~~d~~u (SEAL) RENEE R. FELDMAN Witnessed: ~ residing at ~ s~-W~It~ (~'~~,1 y CVYI [ i.v'(~ ~ residing at ~~ -6- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF J~~P~"I RENEE R. FELDMAN (the testatrix), VO~U ~c0 ~ - ~Ua~+5,7 ~ and ,`~p~.~. dGZ-fl ele- (the witnesses), whose names are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testatrix signed and executed the instrument as her last will in the presence of the witnesses and that she had signed willingly, and that she 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 witness and that to the best of his or her knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: WITNESS: TESTATRIX: ~~ ~ ~~~~ RENEE R. FELDMAN ~a~ ~ Subscribed, sworn to and acknowledged before me by RENEE R. FELDMAN, the testatrix, and subscribed and sworn to before me by xuiel M • Wr~~ ~ ~rK ~ and ~r~rrrlaa l . bR rieK- ,the witnesses! is ~_ day of q(l,v~, 20~. /~ ~~ Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Unda M. Eshelman, Notary Public acy or HarrlsbrKy, DaupMn County My Canmisslon 6~Ires Oct. 19 20 3 -7-