HomeMy WebLinkAbout03-06-13 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF C u rn Jb1 ieL,+,yD„ 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 Information
Name: File No:
a/k/a: (Assigned by Register)
atkta:
aWa: Social Security No:
Date of Death: Age at death: 50
Decedent was domiciled at death in C tt rn)3"1 County, G4n (state)with his/her last
principal residence at ��O/ W. r "/1 W41. Cdr(, sc�
Street address,Post Office and Zip Code tity,Township or Borough County
Decedent died at Nd/v '10m l e i of iZ/ ealmI& pMI-11 A'
Street post Office and ZFp Code Atity,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania............................ All personal property $ �,7
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania--.......................... ......................... $
TOTAL ESTIMATED VALUE.... $-4- '-w
Real estate in Pennsylvania situated at:
(Attach additional sheets,tfnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
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_ I+CC./b, .2009- wg-c�)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,etc.)
Exceptasfatlows;after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to spending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person,
/XNO EXCEPTIONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,db.n.,d.b.n.c.t.a.,pendente lite,durante absentiarante minoritate
:0
If Administration,c.t.a.or d.b.n.c.t.a.,enter date of Will in Section A above and co�SDIa't'e llii�sttooi��irs.r �
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for di 8�sd been da do?s fi ned
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated perso L7 q
❑NO EXCEPTIONS ❑EXCEPTIONS E r*t Cyr fr1 c
Petitioner(s),after proper search has/have ascertained that Decedent left no Will and was survived by the foll&ngSpi�Se(ifa3)andirc�ttach
additional sheets,iij'necessary): C�� O -
c-> a „
tiame Relationship Adore F— f— M
a C.4 -n
i
Form RW-02 rev.1011112011 Page I Of 2
Oath of Personal Representative official use Only
RECORDED OFFICE OF
COMMONWEALTH OF PENNSYLVANIA } REGISTER OF FILLS
t } SS:
COUNTYOF CLLrMj2Y1QMd 2013 1168 6 AJ li
Petitioner(s)Printed Name Petitioner(s)Printed Addre
—L c$4 A. Wetkarld 1801 (v. Lis6rn Rd. C4,rJ:5J R#dAM/9DURT
CI +IBERLAND CO., PA
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are we and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedent,t Petitione s)will ell ind ly admi ' the estate according to law.
Sworn t o (firmed a tbscri aed before e Date
me this ay Date
Date
e e Date
BOND Required: YES WNO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Leers.. ..... ...... ......... S Attorney Signature:
( ) Short ciati n(s)... ...... ���%%�
( ) Renunciation(s)... ......
( )Codicil(s). ... ........ .
( ) Af.. . .... ... ......... (.�J�/�Of I . �lalQS
Bond... .... . .... ... . .... .... Printed Name:
Commissio .{ . Supreme Court 3853
Other I r ID Number:
n..
...... Firm Name:
Address:
lI/11C3 17t4ln, M 705
�
Phone: 71' 766- 0907 G
Automation Fee. . . ...... . .... . Fax: 7/7—
JCS Fee. ... .. .. .... ... . ..... Email: i 1J���1! •��
TOTAL. ... . .. ............. . S
DECREE OF THE REGISTER
Estate of 91-VAn 1V;C&4rd File No:
AND NOW, I tl Q J C h' 1 lP in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters e
are hereby granted to Less A A4e�4
in the above estate and(if applicable)that
the instrument(s)dated iy- 116. 2�x,
described in the Petition be admitted to probate and filed o cc rd as the last\ ill(and Cod' 7,s))of De dent.
egister of Wills
Form RW-02 r". 10/1112011 Page 2 of 2
�-3 s;>26�
LAST WILL AND TESTAMENT
OF
txr 3 cs
BRYAN L. WICKARD A
I, BRYAN L. WICKARD having my legal residence at 43 Ho(Re§Road„;Tarll*eh
r-
Cumberland County, Commonwealth of Pennsylvania,do hereby declare thgt le myrl,,ast i
and Testament,revoking all other Wills and Codicils heretofore made by me.
I declare that I am married to Lesa A. Wickard and that I have the following children
born to me; Ashley B. Wickard,Haylic J. Wickard, Cody L. Wickard, and Kyle C. Wickard.
ITEM ONE: I direct that all my valid debts and the expenses of my last illness
and funeral be paid from my estate as soon as practicable after my death.
ITEM TWO: I give all of my tangible personal property to my wife, LESA A.
WICKARD. In the event my wife fails to survive me, I may leave a Memorandum listing some
of the items of my tangible personal property which I wish certain persons to have and request
that my wishes as set forth in the memorandum be observed by my Personal Representative.
Any items of tangible personal property not so designated shall be divided and distributed among
my children as follows:
A. All items of tangible personal property shall be inventoried and valued at a fair
market value.
B. Each of my children may select one item, in rotation, in order determined by lot,until
such time at which the items chosen by that child reach such child's proportionate
share of the total value of my estate,or until such time as the child wishes to make no
further selections.
C. Any items not selected shall be sold and the net proceeds used to equalize the shares.
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D. To the extent that my children are unable to agree, the decision as to what may
constitute "one item" for purposes of this selection shall be made by my Personal
Representative's).
E. Any disputes concerning this method of allocation shall be resolved by my Personal
Representative in the Personal Representative's discretion.
ITEM THREE: I give all the residue of my estate to my wife, LESA A,
WICKARD. In the event my wife fails to survive me, I give all the residue of my estate to my
children, ASHLEY B. WICKARD, HAYLIE J. WICKARD, CODY L. WICKARD, and KYLE
C. WICKARD, in equal shares,pro rata.
ITEM FOUR: Should any beneficiary of mine be under the age of twenty-five
(25) years, my Personal Representative shall hold such beneficiary's share of my estate, as
Trustee, IN TRUST and shall invest,reinvest and distribute the principal and net income of such
beneficiary's share as follows:
A. Until such beneficiary attains the age of twenty-five (25) years, my Trustee, in my
Trustee's sole but reasonable discretion, may pay or apply the income and any or all of
the principal of such beneficiary's share for the health, maintenance, support and
education of such beneficiary considering all other sources of income available to such
beneficiary and known to my Trustee. Upon such beneficiary attaining the age of
twenty-five (25) years, my Trustee shall distribute the balance of the principal and
accumulated income,if any,of each such beneficiary's share to such beneficiary.
B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or
become too small to warrant placing or continuing of such fund in trust or should its
administration be or become impractical for any other reason, my Trustee, in the
exercise of their sole discretion, may pay such share absolutely to the person
maintaining such beneficiary or may place such shares in the beneficiary's name in an
interest-bearing deposit in any bank, bank and trust company or national banking
association of his choosing, payable to the beneficiary at majority, or if said
beneficiary has reached his or her majority,then to him or her directly.
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C. All shares of principal and income hereby given shall be free from anticipation,
assignment, pledge or obligation of my beneficiary(s), and shall not be subject to any
execution or attachment.
ITEM FIVE: I appoint my wife, LESA A. WICKARD, Personal Representative
of this my Will. If LESA A. WICKARD, is unable or unwilling to act or continue to act as my
Personal Representative, I appoint my sister, MONDA WICKARD, and my sisters-in-law,
SHERRI BECK and MAXINE GROUP, or the survivor(s) of them, to be my Personal
Representative(s). No bond shall be required of any fiduciary hereunder in any jurisdiction. No
fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith.
ITEM SIX: I appoint my sister, MONDA WICKARD and my sisters-in-law,
SHERRI BECK and MAXINE GROUP, or the survivor(s) of them Trustee of the Trust(s)
created pursuant to ITEM FOUR, above. If MONDA WICKARD is unable or unwilling to act
or to continue to act as Trustee, I appoint my sisters-in-law, SHERRI BECK and MAXINE
GROUP, or the survivor(s) of them, Trustee(s)of the Trust(s) created pursuant to ITEM FOUR,
above.
ITEM SEVEN: If my spouse predeceases me or should we die in a common disaster,
I appoint my husband's parents,ROBERT WICKARD and JANET WICKARD, or the survivor of
them, presently of Carlisle, Pennsylvania, guardian(s) of the person and property of each of my
minor children now born or hereafter born to me.
ITEM EIGHT: I authorize my Personal Representative and Trustee to exercise the
following powers in addition to those given by law,to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate, without regard to any principle of
diversification,risk or productivity;
B. To invest in all forms of property without restriction to investments authorized for any
type of fiduciary;
C. To compromise any claim or controversy;
D. To loan money to or buy property from my estate;
E. To borrow money from any person,including any Executor or Trustee,and to mortgage
or pledge any real or personal property,
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F. To sell at public or private sale, to exchange or to lease for any period of time, any real
or personal property, and to give options for sales, exchanges or leases, all for such
prices and upon such terms and conditions as they deem proper;
G. To allocate receipts and expenses to principal or income or partly to each as they deem
Proles
H. To repair,alter or improve any real or personal property;
L To distribute in cash or in kind or partly in each at valuations.fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the
protection of the principal;
K. To subscribe for or to exercise options for stocks,bonds or other investments;to join in
any plan of lease,mortgage,merger,consolidation,reorganization,foreclosure or voting
trust and to deposit securities thereunder, and to generally exercise all the rights of
security holders or employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass by
delivery;
M. To add to the principal of any trust created by this instrument any real or personal
property received from any person by Deed,Will or in any other manner;
N. To exercise all power, authority and discretion given by this instrument after the
termination of any trust created herein until the same is fully distributed;
O. To use their sole discretion in deciding whether stock dividends on stock they hold in
trust should be apportioned to principal or income, except stock dividends of regulated
investment companies which shall be added to principal;
P. To commingle the assets of any trust estate created by this Will in any one or more
common fiords for greater convenience and flexibility;
Q. To employ agents, accountants, engineers and such other persons, professional or
otherwise,as may be necessary for the proper administration of this estate or trust and to
pay their compensation from such funds;and
R. To disclaim all or any interest in a property passing to me or my estate.
ITEM NINE: I realize that Personal Representatives are given discretion by law
to make various elections which affect the income and estate taxes payable by estates and
beneficiaries, as well as the relative shares of beneficiaries, such as taking administration
expenses as deductions for either estate or income tax purposes, selecting options for the
payment of employee death benefits, electing to take a qualified terminable interest as part of the
marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing
joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my
fiduciaries in any of these matters shall be binding upon, and not subject to question by, any
affected persons. I rely upon my fiduciaries to take into consideration the total income and estate
taxes payable by reason of their decisions including those payable by my survivors, and they are
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I
authorized in their discretion, but not required, to make adjustments between income and
principal as a result thereof.
ITEM TEN: I direct that all estate, inheritance and other taxes in the nature
thereof, together with any interest and penalties thereon,becoming payable because of my death
with respect to the property constituting my gross estate for death tax purposes, whether or not
such property passes under this my Last Will and Testament, shall be paid from the principal of
my residuary estate,and no person receiving or having a beneficial interest in any such property,
whether under this my Last Will and Testament or otherwise, shall at any time be required to
contribute to or refund any part thereof;PROVIDED,however,that this direction shall not apply
to the taxes on any property included in my estate solely because of a power of appointment
thereover which I possess but have not exercised or on any qualified terminable interest or to any
generation-skipping transfer taxes.
ITEM ELEVEN: If any person or entity other than me singularly or in
conjunction with any other person or entity directly or indirectly contests in any court the validity of
this Will including any codicils thereto,then the right of that person or entity to take any interest in
my estate shall cease and that person or entity shall be deemed to have predeceased me.
ITEM TWELVE: Should any of the provisions of my Will be for any reason declared
invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid
provisions shall be wholly disregarded in interpreting this Will.
IN WITNESS WHEREOF, I have at Harrisburg, Pennsylvania, December 16, 2002, set
my hand and seal to this my Last Will and Testament consisting of six (6)pages plus the witness,
notary and affidavit pages.
SEAL
BRY L. WICKARD
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SIGNED, SEALED, PUBLISHED AND DECLARED BY BRYAN L. WICKARD, the above
named Testator,as and for his Last Will and Testament,in the presence of us,who,at his request
and in his presence, and in the presence of each other, have hereunto subscribed our names as
witnesses.
ITNES WITS
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF DAUPHIN
I, BRYAN L. WICKARD, the Testator whose name is signed to that attached or
foregoing insturnment,having been duly qualified according to law,do hereby acknowldege that
I signed and executed this insturnment on December 16, 2002, as my last Will and Testatment;
that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
YAN L. WICKARD, Testator
Sworn or affirmed to and acknowledged before me by BRYAN L. WICKARD,the
Testator,on December 16,2002.
Notuw sal
Camille M.Ln%it,Notary
City of liueisbwg, Dffiq 11 M My Cofmniuioa �
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V ;
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, the undersigned witnesses whose names are signed to the attached or foregoing
instrument, being first duly qualified according to law, do depose and say that we were present
and saw the Testator sign and execute the instrument as his last Will and Testament; that he
signed willingly and that he executed it as his free and voluntary act for the purposes therein
expressed; that each of the us in the hearing and sight of the Testator signed the said Will as
witness; and that to the best of my/our knowledge the Testator was at that time eighteen years of
age or older,of sound mind and under no constraints or undue influence.
S WITI SS
Sw rn or affirmed to and acknowledged before me by A J 1/ " _
6,f��<, ,the witnesses, on December 16,2002.
WK�PAft
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