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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
1 ies for Letters as specified below, and in
Petitioner(s) named below, who is/are 18 years of age or older, app y(• )
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information File No: ~ t' ~ ~'" ~ 3
Name: Jo ce Eleanor Reith (Assigned by Register)
a/k/a: Jo ce E. Reith
a/k/a:
a/k/a: Social Security No:
Age at death• 81
Date of Death: December 19 2012
Count Pennsylvania (state) with his/her last
Decedent was domiciled at death in Cumberland y' Cumberland
principal residence at 2100 Bent Creek Boulevard Mechanicsbur PA 17050 Silver S rin Townshi county
City, Township or Borough
Street address, Post Office and Zip Code
PA
Decedent died at 2100 Bent Creek Boulevard Mechanicsbur 17050 Silver S rin Townshi Cumberland
Count State
Street address, Post Office and Zip Code City, Township or Borough y
Estimate of value of decedent's property at death: $ 80,000.00
If domiciled in Pennsylvania ............................ All personal property
If not domiciled in Pennsylvania ......... . ..............Personal property in Pennsylvania ~
Personal property in County
If not domiciled in Pennsylvania ....................... .
.............. $ 0.OQ
...............
Value of real estate in Pennsylvania............ • • • • • • ' ' ' ' ~ ~ TOTAL ESTIMATED VALUE.... $ 80 000.00
Real estate in Pennsylvania situated at: None Count
Street address, Post Office and Zi Code City, Township or Borough y
(Attach additional sheets, if necessary.) p
A. Petition for Probate and Grant of Letters Testamental
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named m the last Will of the Decedent, dated June 10, 2009 and Codicil(s)
thereto dated NONE
State relevant circumstances (e.g. renunciation, death of executor, etc.)
Except as follows: after the execution ofthe instrument(s) offered for probate Ddefined~n 23 Pa aC.S § 3323(g)~and did not have a child born ogr
divorce proceeding wherein the grounds for divorce had been established as
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS EXCEPTIONS
$. Petltlon for Grant Of Letters Of AdminlStratlOn (~I ~aapp~ ~ bled b n.c.t.a., pendente lite, durante absentia, durante minoritute
If Administration, c.t.a. or d.b.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 a ed an Inca a~tated persdonorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever ad~ud p
NO EXCEPTIONS EXCEPTIONS -~.. -.
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survivedby the fold ing spouse (i~~y) andhei;e~ (attach
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additional sheets, if necessary): t _ °°'~
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Name Relationshi
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Page 1 of 2
Form RW-02 rev. l0/11/?011
Oath of Personal Representative
COMMONWEALTH GF PENNSYLVANIA
COUNTY OF Cumberland
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Petitioner(s) Printed Name Petitioner(s) Printed Address :~ eta ~'~~~ ~,_; ~~
Colleen F. Viccaro _ „ "~
640 Bosler Avenue Lemo ne PA 17043 ` T~ ~ '~ -
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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 Petitioner(s) and that, as Personal Representative(s) of the Decedent, the~Petitioner(s) will well and truly administer the estate according to law.
Sworn to qr affirmed and subscribed before ~~ ~ t t' ~--. `~~) ~'a~~ ~l~ ~ z Date / ~ .~~~J //~,7
~` Date
me thI~ r~ f 't day of ,t~. C '~ _.~G + L
By: Y' t- ~"'} . .(,,~ . ~L li..~'. ~_ Date
F r.- he Register Date
BOND Required: YES NO
FEES:
( `) )Short Certificate(s)...... ~ `~~~~
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ................. .
Ot er .......
~~ fey ....... ~~~:~
......
Automation Fee . .............. ,,
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JCS Fee . .................... ~ ~ ~ t~'
T O T A. L ..................... $ _9-66-
To the Register of Wills:
Please enter my appearance by my signature below:
Attorney Signature:
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Printed Name: Wayne M. Pecht, Esquire
Supreme Court
ID Number: 38904
Firm Name:
Address:
717-691-2070
~,i ar YnP~htla~x~ nm -
DECREE OF THE REGISTER
Estate of Jo ce Eleanor Reith File No: ~~ ` '~
a/k/a: Joyce E Reith
1_..d~~`> Vic' t7-3 ~ t' ~'~ l ~ c' % r , in consideration of the foregoing Petition,
AND NOW,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Colleen F. Viccaro p
in the above estate and (if applicable) 'ghat
the instrument(s) dated June 10, 2009
described in the Petition be admitted to probate and filed of record
Form RW-02 rev. 10/11/2011
the last Will (and Codicil(sll of Decedent.
Register of Wills
ot.,~.~G~''~t..~(_ (,c.( .~,'~_1
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Pa e 2 0' ~~
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Last Will and Testament
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OF ~ ~' ~ ~
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JOYCE E. REITH rr-~ :~~: ~~ a , ,.~
~a'•+ ~.~ rimy V ~~ i.'N~
I Jo ce E. Reith of Mechanicsburg, Cumberland County, Pennsylvania; d~o`m~ke,.publish E
Y ~ - ..
and declare this to be my Last Will and Testament, hereby revoking all Wills end ~odicils~ ~Yiy r~~e E;,~~
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heretofore made.
ITEM I: Family Information. I am not married. I have three children: Colleen F.
Viccaro (born August 26, 1965), Brian R. Reith (born July 10, 1964), and Kevin A. Reith (born
October 25, 1967). These children are described in this Will as "my children", or as "a child of
mine". Any person born to or adopted by a child of mine is referenced in this Will as my issue.
Provided, however, no adopted person shall benefit under this Will unless the order or decree of
adoption is entered before the adopted person attains the age of twenty-one (21) years.
ITEM II: Death Taxes. I direct that all inheritance and estate taxes becoming due by
reason of my death, whether payable by my estate or by any recipient of any property, shall be paid
by the Executor out of the residue of my estate, as an expense and cost of administration of my
estate, except that no taxes shall be charged against any gift qualifying for the charitable deduction in
my estate. The 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 III: Debts and Final Expenses. I direct the Executor to pay the expenses of my last
illness and funeral expenses from the residue of my estate as an expense and cost of administration
of my estate.
ITEM IV : Tangible Personal Property. I direct that all my tangible personal property,
including but not limited to, all of my household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of household or personal use or
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adornment and all policies of insurance thereon be converted to cash to be administered as part of my
estate.
ITEM V: Residue. I direct that the residue of my estate, including any real estate that I
may own at the time of my death be converted to cash to be administered as part of my estate;
provided, however, that my daughter, Colleen F. Viccaro, shall have the first right and absolute
privilege to purchase my family residence located at 1112 East Coover Street, Mechanicsburg,
Pennsylvania, for the purchase price and full consideration equivalent to the value placed on the
same for Inheritance Tax purposes.
ITEM VI: Cash. I give the cash from the sale of my tangible personal property and real
estate as well as the residue of my estate, not disposed of in the preceding portions of this Will to my
children, Colleen F. Viccaro, Brian R. Reith, and Kevin A. Reith, in equal shares per stirpes
provided they survive me by thirty (30) days. Should a deceased child leave no issue, the residue
shall be distributed in equal shares between my surviving children. Any share(s) distributable to my
son Brian R. Reith shall be distributed without further responsibility of my Executor to my Trustee
to be held for the benefit of Brian R. Reith in accordance with ITEM VII below.
ITEM VII: Trust. The following provisions shall apply to any property payable to the
Trustee named in ITEM VI.
A. The Trustee shall disburse money from the Trust for my son Brian's
benefit only in instances in which his benefits or his eligibility for benefits will not be
impaired. If my child receives any distributions of the Trust created in ITEM VI, it is
my intention that the distributions supplement but not supplant, impair or diminish
any then existing forms of support or benefit which the beneficiary is receiving or
becomes eligible to receive. For purposes of this Section, the term "support" means
food, clothing or shelter. The terms of my Will shall be read and interpreted to
prevent any action by my Trustee which would supplant, impair, diminish or
otherwise interfere with, limit or reduce the beneficiary's receipt of, or eligibility for
ny form of government or private benefits. Any power of distribution (whether or
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not exercised), granted my Trustee pursuant to the terms of my Will, that would
result in the loss, diminishment or ineligibility for government or private benefits, is
hereby revoked; and, only such powers as will not result in ineligibility for such
benefits, or loss, diminishment or impairment, thereof, shall remain exercisable by
my Trustee.
For purposes of my Will, the term "Special Needs" refers to supplemental,
non-support expenditures from my Trust's assets that, pursuant to the other
provisions of this Section, my Trustee is authorized to disburse, in my Trustee's sole
and absolute discretion. Special Needs, subject to the general supplemental, non-
support limitation, include, but are not limited to, medical, dental, diagnostic or
therapeutic treatment, or nursing or home care services for which the beneficiary is
not receiving, and is not eligible to receive government or private benefits. Special
Needs also includes the differential between any treatment, service or care that the
beneficiary is receiving from any government or private source and the level of
treatment, service or care my Trustee deems appropriate for the beneficiary.
My Trust assets are not intended to be used for the support of the beneficiary,
but are only intended to supplement, in my Trustee's sole and absolute discretion,
resources, income or government or private assistance available to the beneficiary.
No part of my Trust Estate, neither principal nor income, shall be subject to
anticipation or assignment by the beneficiary, nor be subject to attachment by any
creditor of the beneficiary, governmental agencies or any other individual or entity;
including any who may have provided goods or services to the beneficiary.
ITEM VIII: Administrative Powers. In addition to the powers granted at law, the Executor
and the Trustee shall each possess the following powers, each of which shall be construed broadly
and may be exercised without court approval, but in a fiduciary capacity only:
A. To retain any investments I have at my death, including specifically
those consisting of stock of any bank even if I have named that bank as the Executor
or Trustee.
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B. To vary investments, to make loans, and to invest in bonds, stocks,
notes, real estate mortgages or other securities or in other property, real or personal,
without being restricted to so-called "legal investments", and without being limited
by any statute or rule of law regarding investments by fiduciaries.
C. In order to divide the principal of a Trust or for any other purpose,
including final distributions, the Executor and Trustee are authorized to divide and
distribute personal property and real property, partly or wholly in kind, and to
allocate specific assets among beneficiaries and Trusts so long as the total market
value of each share is not affected by the division, distribution or allocation in kind.
The Executor and Trustee are each authorized to make, join in and consummate
partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or
other obligations, with as wide powers as an individual owner in fee simple.
D. To sell either at public or private sale real and personal property
severally or in conjunction with other persons, and to consummate sale(s) by deed(s)
or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser
shall be obligated to see to the application of the purchase money or to make inquiry
into the validity of any sale(s). The Executor and Trustee are authorized to execute,
acknowledge and deliver deeds, assignments, options or other writings as necessary
or convenient to any of the power conferred upon the Executor and Trustee.
E. To mortgage real estate, and to make leases of real estate.
F. To borrow money from any person, including the Executor or Trustee,
to pay indebtedness of mine or of my estate, expenses of administration or
inheritance, legacy, estate and other taxes, and to assign and pledge assets of my
estate or any Trust established by this Will.
G. To pay all costs, taxes, expenses and charges in connection with the
administration of my estate or any Trust established under this Will.
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H. To make distributions of income and of principal to the proper
beneficiaries, during the administration of my estate, with or without court order, in
such manner and in such amounts as the Executor deems prudent and appropriate.
I. To vote shares of stock which form a part of my estate or any Trust
established under this Will, and to exercise all the powers incident to the ownership
of stock.
J. To unite with other owners of property similar to property in my estate
to carry out plans for the reorganization of any company whose securities form a part
of my estate.
K. To disclaim any interest in property which would devolve to me or my
estate by whatever means, including but not limited to the following means: as
beneficiary under a will, as an appointee under the exercise of a power of
appointment, as a person entitled to take by intestacy, as a donee of an inter vivos
transfer, and as a donee under athird-party beneficiary contract.
L. To prepare, execute and file tax returns of any type required by
applicable law and to make all tax elections authorized by law.
M. To employ custodians of property, investment or business advisors,
accountants and attorneys as the Executor or Trustee deems appropriate, and to
compensate these persons from assets of my estate or trust, without affecting the
compensation to which the Executor and Trustee are entitled.
N. To divide any Trust created in this Will into two or more separate
Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax shall
be either zero or one, in order that an election under Section 2652(a)(3) of the
Internal Revenue Code maybe made with respect to one of the separate Trusts, or for
any other reason.
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O. To allocate administrative expenses to income or to principal, as the
Executor or Trustee deems appropriate. However, no allocation to income shall be
made if the effect of the allocation is to cause a reduction in the amount of any estate
tax charitable deduction.
P. To make any adjustment to basis authorized by law, including, but not
limited to increasing the basis of any property included in my estate, whether or not
passing under this Will, by allocating any amount by which the bases of assets may
be increased. The Executor shall be under no duty and shall not be required to
allocate basis increase exclusively, primarily, or at all to assets which pass as part of
my probate estate as opposed to other property for which a basis adjustment is
allowable. The Executor shall allocate basis increase equitably among those
beneficiaries receiving property as a result of my death, but shall not be liable to any
person, nor subject to removal or surcharge, for any reasonable allocation of basis
increase.
Q. To compromise claims.
R. To terminate any trust, if in the opinion of the Trustee, the expense of
administration of the trust is not justified. Upon termination, the trustee shall
distribute the trust property to the person(s) then entitled to receive or have the
benefit of the income therefrom. If there is more than one current income
beneficiary, the Trustee shall distribute trust assets to the income beneficiaries in the
proportion in which they receive income, or if no proportion is designated, in equal
shares to the income beneficiaries. This power may only be exercised by a Trustee
who is an independent Trustee, and this power shall be ineffective to the extent that
the effect of the power is to vest in any Trustee or beneficiary a general power of
appointment.
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To do all other acts in his or her judgment necessary or desirable for the proper and
advantageous management, investment and distribution of the estate and Trusts established under
this Will.
ITEM IX: Survival. Any person who has died within thirty (30) days after my death, or
under such circumstances that the order of our deaths cannot be established by proof, shall be
deemed to have predeceased me. Any person (other than myself) who has died at the same time as
any beneficiary under this Will, or in a common disaster with that beneficiary, or under such
circumstances that the order of deaths cannot be established by proof, shall be deemed to have
predeceased that beneficiary.
ITEM X: Trust Situs. The initial situs of each Trust created under this Will shall be the
county of my domicile at my death. The Trustee may determine, from time to time, to change the
situs of any Trust established under this Will. However, no change in situs shall be effective until
written notice is provided to the living beneficiaries of the Trust.
ITEM XI: Executors and Trustees. I make the following provisions with respect to
Executors and Trustees:
A. I appoint my daughter, Colleen F. Viccaro, of Lemoyne,
Pennsylvania, to be the Executrix of my Estate. In the event that my daughter is
unable or refuses to serve as Executrix of my estate, I appoint my son Kevin A.
Reith, of Mechanicsburg, Pennsylvania, to serve as Executor of my estate.
B. I appoint my daughter, Colleen F. Viccaro, of Lemoyne,
Pennsylvania, as Trustee of any trust herein created. In the event that my daughter is
unable or refuses to serve as Trustee of any trust herein created, I appoint my son
Kevin A. Reith, of Mechanicsburg, Pennsylvania, to serve as Trustee.
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C. Each person serving as a sole Trustee shall have the power to appoint
a Co-Trustee. Each Trustee shall have the power to appoint his or her successor in
office.
D. Any Co-Trustee appointed by a Trustee may be removed by that
Trustee. Each removal of a successor Trustee shall be in writing and shall be filed
with the court in the jurisdiction which is the situs of the Trust. The written
instrument shall be signed by the person having the power to make the removal.
E. Each Trustee shall have the power to designate a temporary Trustee by
an instrument in writing delivered to such temporary Trustee. The temporary Trustee
shall serve as such only during the legal incapacity of the appointing Trustee, or,
during such period of time as the appointing Trustee in writing designates, and upon
the expiration of that time, or at such time as the legal incapacity of the appointing
Trustee ceases, the appointing Trustee shall once again become the Trustee.
F. Each appointment of a successor Trustee shall be in writing and shall
be filed with the court in the jurisdiction which is the situs of the Trust. The written
instrument shall be signed by the person having the power to make the appointment.
G. Any Trustee may delegate investment and related management
functions to another Trustee, provided the other Trustee accepts the delegation in
writing. To the extent accepted, the delegating Trustee shall be relieved of
responsibility for the investment decisions of the Trustee to whom investment and
related management functions were delegated.
H. No Trustee shall be responsible for the acts or omissions of any other
Trustee.
I. In the absence of actual knowledge of a breach of trust, or information
concerning a possible breach of trust that would cause a reasonable person to inquire,
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a successor Trustee is under no duty to examine the accounts and records of any
predecessor Trustee, or to inquire into the acts or omissions of such predecessor, is
not liable for any failure to seek redress for any act or omission of such predecessor,
shall have responsibility only for property which is actually delivered to the Trustee
by such predecessor and shall have all of the powers conferred upon a Trustee
hereunder.
J. The Executor and Trustee shall have the right to receive reasonable
compensation for services rendered and reimbursement for reasonable expenses.
K. No Executor or Trustee shall be liable or accountable for any loss that
may result from the good faith exercise of the authority granted in this Will.
L. The Executor and Trustee are specifically relieved from the duty of
filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament,
he recedin ei ht 8 ages this ~~ ~1 day of June 2009.
consisting of this and t p g g ~) p
yce E. Reith
SIGNED, SEALED, PUBLISHED and DECLARED by, Joyce E. Reith, the above named Testatrix,
as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence,
and in the presence o each other, have hereunto subscribed our names as witnesses.
Residence
Residence
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
We, Joyce E. Reith, .~,~' an ,Testatrix
and witnesses, respectively, whose names are signed to the attached and 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 her free and
voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and
hearing of the Testatrix, signed the Will as witnesses 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.
J Reith
T sat'
Witnes
Witness
Subscribed and sworn to and acknowledged before me by Joyce E. Reith, he Testatrix, and
subscribed and sworn to before me by +~ ~ ' ~' ~ and
~~~,P~ ~~ ~~, witnesses, this _ f~ day June 2009.
u[]MMGNw®~ALTN ,~w~y~' ~'=~~~hi~YLV1~P~l;~`,
Lori A. Backans~~es - i~ac~t~af~;f ~'ublir
l Lower Alen 1'wp., Cumberland Counc~~
1 MY COMMISSION EXPIf~E.S OC1~1~~, ~'.~L_
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