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HomeMy WebLinkAbout04-25-13 Reset� PETITION FOR GRANT OF LETTERS 4w REGISTER OF WILLS OF CUMBERLAND COUNTY,PS1SYLVA1qfA M C!> cro Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Lettew AciQ be nd in ni support thereof aver(s)the following and respectfully request(s)the grant of Letters in therm pro fate;film: C=1 l j Decedent's Information tj Name: EUGENE G KIRSCH File No: - --� = a/k/a: (Assignye Regisg r- m a/k/a: -0 a/k/a: Social Security P?o: Date of Death: 3/20/13 Age at death: 85 Decedent was domiciled at death in CUMBERLAND County, pA (state)with his/her last principal residence at 1517 Kathryn Street,New Cumberland,PA 17070,New Cumberland Borough,Cumberland County Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1517 Kathryn Street,New Cumberland,PA 17070,New Cumberland Borough Cumberland County Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsyl vania............................ All personal property $ 15,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsyl vania......................................................... $ 485,000_00 TOTAL ESTIMATED VALUE. ... $ 500,000.00 Real estate in Pennsylvania situated at: 1515& 1517 Kathryn Street,New Cumberland Borough,Cumberland County,PA 17070 (Attach additional sheets,if necessary.) 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 1/6/04 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) 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(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. NO EXCEPTIONS Q EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,e.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 wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 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): Name Relationship Address Form RW-02 rev. 10/11/2011 Page Y of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Ad so m ca Kevinlee E.Kirsch 1514 Kathryn Street New Cumberland PA 17070" =0 -a.. ::a trl- Cn C> -- a The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition Wy7 the best of thV',�owl eta d belief of Petitioner(s)and that,as Personal Representative(s)of the Deced t,the etitioner(s)wister the estaWjccorPg-tetlaw. Sworn to of lrmed d ubsc 'bed be f re Date met is ,� ay o Date By: Date o the Register Date BOND Required: 0 YES NO To the Register of Wills: FEES: f Please enter my appearance by my signature below: Lett, $ 1�`d�' Attorney Si re: ( ) Short Certificate(s)... . . . 06 { )Renunciation(s).. . .. . . . . ( )Codicil(s). . . . . . . .. . .. . ( }Affidavit(s)... . . .. ... . . Bond.. ... .. . .. . . .. .. . . .. . . . . Printed Name: Benjamin J.Butler Commission. . . . .. . . . . . . . . . .. . Supreme Court Other . .. .. . . ID Number: 81948 .. . .. .. Firm Name: Butler Law Firm �� 1.' . . �0 Address: 1007 Mumma Road.Suite 101 . . Lemoyne,PA 17043 . . . . . . . Phone: 717.236.1485 Automation Fee. .. ... . .. . . ... . 0- Fax: 717.236.7777 JCS Fee. . . .. . .. . . . . . . .. . . . . . Email: ln=ercnhutl&r]awm corn TOTAL. . . .. ... . .. . . . . .. ... . $ ✓ Y L�/'/� + PEE DEC OF THE REGISTER Estate of EUGENE G KIRSCH File No: 21 '0 �P alkla: t AND NOW G9 � y ../ in can ' ration of the f g g re oin Petition satisfactory proof havin een presented before me,IT IS ECRE D th tters !1? l are hereby granted to 'e !r` in t e above estate and(if applicable)that the instrument(s)dated I (} described in the Petition be admitted to pr ate and filed of record as the last Will and Codicil(s))of ecedent. Register of Wills Form RW-02 rev.10/11!2011 Pa low c ' S ' t e—n C� M LAST WILL AND TESTAMENT ; OF EUGENE G. KIRSCH z �_ ` C> I, EUGENE G. KIRSCH, of the Borough of New Cumberland, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and.Testament, hereby revoking all Wills and codicils by me at any time made. ITEM 1. 1 direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executor out of my residuary estate, as an expense and cost of 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. In the absolute discretion of my Executor, he may pay such taxes immediately or may postpone the payment of taxes on future or remainder interests until the time possession thereof accrues to the beneficiaries. I also direct my Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM 2. I give and bequeath to my son, KEVINLEE E. KIRSCH, all of my household furniture and furnishings, books, pictures jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment. In the event that my son, KEVINLEE E. KIRSCH,predeceases me, I then make said bequest to my daughter, MYLINDA L. ANDREW, of Haddonfield,New Jersey. y ' + a ITEM 3. I give, devise and bequeath unto my son, KEVINLEE E. KIRSCH, the following property: (A) The real estate situate at 1515 Kathryn Street, Borough of New Cumberland, Cumberland County, Pennsylvania. (B) The real estate situate at 1517 Kathryn Street, Borough of New Cumberland, Cumberland County, Pennsylvania. (C) All of my shares of common stock in Kirsch's Printing, Inc. (D) All machinery and equipment, furniture and fixtures, inventory, supplies, vehicles and other tangible personal property utilized in the printing business operated by Kirsch's Printing, Inc., whether owned by me individually or by Kirsch's Printing, Inc. ITEM 4. I give, devise and bequeath all the rest,residue and remainder of my estate, of any kind whatsoever, real, personal or mixed and wheresoever situate, unto my son, KEVINLEE E. KIRSCH, and my daughter, MYLINDA L. ANDREW, equally, share and share alike, provided each survives me. (A) In the event that my son, KEVINLEE E. KIRSCH,predeceases me, I then give, devise and bequeath one-half(1/2) of said assets that would otherwise have been distributed to him to my daughter, MYLINDA L. ANDREW, and I give, devise and bequeath one-half(1/2) of said assets that would otherwise have been distributed to him to my Trustee, IN TRUST, for the following uses and purposes: -2- (1) The Trustee shall divide the Trust Corpus into equal parts corresponding in number to the number of the children of KEVINLEE E. KIRSCH who shall survive me (hereinafter referred to as "Kevin's child"or"Kevin's children") and shall allocate one of such equal parts to each of Kevin's children. (2) The Trustee shall pay to or expend and apply for the benefit of Kevin's children so much of the income and principal as he, in his sole discretion, deems necessary for the proper support, maintenance,welfare and education of Kevin's children, and any such distribution shall be made only from the part of the Trust property designated as being for the child benefited. Any income not distributed shall be added to principal. (3) The Trustee shall pay over to each of Kevin's children the entire principal of his or her part as it shall exist at his or her attaining the age of twenty-five (25) years. (4) In the event that one of Kevin's children dies prior to attaining the age of twenty-five (25) years, his or her part shall be added to the parts being held for Kevin's surviving children. (B) In the event that my daughter, MYLINDA L. ANDREW,predeceases me, then all assets that would otherwise have been distributed to her shall be distributed to my Trustee, IN TRUST, for the following uses and purposes: (1) The Trustee shall divide the Trust Corpus into equal parts corresponding in number to the number of the children of MYLINDA L. ANDREW who shall -3- survive me (hereinafter referred to as "Mylinda's child" or Mylinda's children") and shall allocate one of such equal parts to each of Mylinda's children. (2) The Trustee shall pay to or expend and apply for the benefit of Mylinda's children so much of the income and principal as he, in his sole discretion, deems necessary for the proper support,maintenance, welfare and education of Mylinda's children, and any such distribution shall be made only from the part of the Trust property designated as being for the child benefited. Any income not distributed shall be added to principal. (3) The Trustee shall pay over to each of Mylinda's children the entire principal of his or her part as it shall exist at his or her attaining the age of twenty-five (25) years. (4) In the event that one of Mylinda's children dies prior to attaining the age of twenty-five(25) years, his or her part shall be added to the parts being held for Mylinda's surviving children. (C) No part of the income or principal of the property held under this trust shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation, pledging or assignment by any beneficiary under a trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. -4- sue- ITEM 5. In addition to the powers conferred by law, the Trustee shall have the following powers; (A) To retain in his absolute discretion and for such period as to him shall seem advisable, any and all assets constituting the Trust Fund, without liability for any loss incurred by reason of the retention of such assets. (B) To change investments and properties, and to invest and reinvest all or any part of the corpus of the Trust hereby established, in such securities, investments, or other property as to him seems advisable and proper, irrespective of whether the same are authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. (C) To sell all or part of the property which at any time may constitute a part of the Trust hereby established, at such time, upon such terms, for cash or on credit, with or without security, in such manner and at such prices, either at public or private sale, as to him shall seem advisable and proper, and to execute good and sufficient deeds and bills of sale therefor. (D) To lease any property held by him and for the duration of the term, irrespective of the provisions of any statute or of the termination of the trust; and to mortgage, pledge, collect, convert, redeem, exchange, or otherwise dispose of any securities or other property at any time held by him. (E) To borrow money, whether to pay taxes, exercise subscriptions, rights, and options,pay assessments or to accomplish any other purpose of any nature incidental -5- to the administration of the Trust hereby established, and to pledge any securities or other property held by him as security therefor. (F) To enforce any bonds, mortgage, or other obligations or liens held hereunder; to enter upon such contracts and agreements and to make such compromises or settlements of debts, claims, or controversies as he may deem necessary or advisable; to submit to arbitration any matter or difference; to vote personally or by proxy any shares of stock which may at any time be held by him hereunder. (G) To consent to the reorganization, consolidation, merger, liquidation, readjustment of or other change in any corporation, company or association, or to the sale or lease of the property thereof or any part thereof, any of the securities or other property of which may at the time be held by him thereunder, and to do any act or exercise any power with reference thereto that may be legally exercised by any person owning similar property in his own right, including the exercise of conversion, subscription,purchase or other options, the deposit or exchange of securities, the entrance into voting trusts, and the making of agreements or subscriptions which he may deem necessary or advisable in connection therewith, all without applying to any court for permission to do so, and to hold, redeem, sell or otherwise dispose of any securities or other property which he may so acquire, irrespective of whether the same be authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. (H) To cause to be registered in his name as Trustee hereunder, or in the names of his nominees without qualification or description, any securities at any time held in the Trust hereby established. -6- (I) To determine the manner in which the expenses incidental to or connected with the administration of the Trust hereby established shall be apportioned as between income and principal. (J) To carry out agreements made by me during my lifetime, including the consummation of any agreements relating to the capital stock of corporations owned by me at the time of my death, and including the continuation of any partnership of which I may be a member at the time of my death whenever the terms of the partnership agreement obligate my estate or personal representative to continue my interest therein, and to enter into agreements for the rearrangement or alteration of my interests or rights or obligations under any such agreements in effect at the time of my death. (K) To apportion extraordinary and stock dividends received by him between income and principal in such manner as he may see fit; provided,however that all rights to subscribe to new or additional stock or securities, and all liquidating dividends shall be deemed to be principal. (L) To disclaim without court approval any part or all of any property, power or interest passing to the exemption trust under any Will, Deed of Trust or otherwise. The Trustee may freely act under all or any of the powers of this.Agreement given to him in all matters concerning the Trust hereby established, after forming his judgment based upon all the circumstances of any particular situation as to the wisest and best course to pursue, -7- without the necessity of obtaining the consent or approval of any court, and notwithstanding that he may also be acting as an individual, or as trustee of other trusts, or as an agent for other persons or corporations interested in the same matters, or may be interested in connection with the same matters as stockholders, directors or otherwise. The powers herein granted to the Trustee may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and not exclusive of the general powers of trustee pursuant to law, and shall include all powers necessary to carry the same into effect. The enumeration of specific powers herein shall not be construed in any way to limit or affect the general powers herein granted. ITEM 6. The Trustee of the foregoing Trusts shall be either KEVINLEE E. KIRSCH or MYLINDA L. ANDREW. In addition to other provisions applicable to trustees generally, the following provisions shall apply to the Trustee: (A) No bond or surety shall be required of the Trustee or of any successor Trustee who shall serve hereunder. (B) The Trustee or any successor Trustee may resign by an instrument in writing. (C) The Trustee or any successor Trustee may appoint any person, firm or corporation, other than the Testator or any firm or corporation which the Testator has an interest, as successor Trustee. _g_ (D) Any successor Trustee shall have and may exercise all the rights, powers, duties and discretions conferred or imposed on the Trustee. (E) No one dealing with any Trustee need inquire concerning the validity of anything the Trustee purports to do, or see to the application of any money paid or property transferred to or upon the order of the Trustee. (F) No successor Trustee shall be obliged to examine the accounts and actions of any previous Trustee. (G) No successor Trustee shall be responsible in any way for any acts or omissions of any previous Trustee. (II) No Trustee shall be liable for any act or omission unless the same be due to that Trustee's own willful default. (I) The compensation to be paid to any Corporate Trustee for its ordinary services as Trustee shall be at the rates prescribed for similar trust services in its standard compensation schedule in effect at the time of each charging of such compensation,unless it agrees in writing to a different fee arrangement. Any Corporate Trustee shall receive reasonable additional compensation for all requested or required extraordinary services. It may deduct the compensation at such time or times and from such sources as it may reasonably determine. Reasonable compensation shall be paid to any individual serving as Trustee, unless the individual waives the right to receive compensation. v -9- ITEM 7. If any income or principal shall be payable to any beneficiary who shall be a minor or shall be under a legal disability or in the sole judgment of my Executors or Trustee shall otherwise be unable to apply such payments to his or her own best advantage (hereinafter referred to as minority or incapacity), my Executors or Trustee shall hold such income and principal during minority or incapacity and shall apply such income and principal to the health, maintenance, support and education of such beneficiary during minority or incapacity without the appointment of any guardian or committee or any authority of court and shall make all or any portion of any such payment in any one or more of the following ways: (a) Directly to such beneficiary. (b) To the legal guardian or conservator or custodian under the Uniform Transfers to Minors Act of such beneficiary. (c) To a relative of such beneficiary to be expended by such relative for the benefit of such beneficiary. (d) By themselves, expending the same for the benefit of such beneficiary. Any remaining income and principal to which such beneficiary shall be entitled shall be paid and distributed to such beneficiary on the termination of minority or incapacity. ITEM 8. I hereby nominate, constitute and appoint my son, KEVINLEE E. KIRSCH, as Executor of my estate, In the event that he is unable or unwilling to serve in this C�7�=� (2-� -10- t y capacity, I then nominate, constitute and appoint my daughter, MYLINDA L. ANDREW, as Executrix of my estate. In addition to the powers conferred by law, my Executors shall have the same powers granted to my Trustee in ITEM 5 above: My Executors are specifically relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, this Co day of aft , A.D., 2004. SEAL r ugene G. Kirsch WITNESS: residing at ( 71 (0 residing at IPA 7&P -11- 7 COMMONWEALTH OF PENNSYLVANIA } SS. COUNTY OF DAUPHIN ) We, EUGENE G. KIRSCH, ROAL4UL k , and /� the Testator and the witnesses re &-tj;�Ar- spectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly(or willingly directed another to sign for him) and that he executed it as his free and voluntary act for the purpose 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 Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Eugene G. Kirsch x° Witness Witness Subscribed, sworn to and acknowledged bef re me by EUGENE G. KIRSCH, the Testator, and subscribed and sworn to before me by ©'J N. A v` f-k- , and &/U,—, m#nJ ., EyTCEIZ- , the witnesses, this day of 2004. 6otary Public T 0 My Commission Expires: NOTARIAL SEAL CHERYL L.FERGUSON,Notary Public -12- Harrisburg,Dauphin County M Commission Expires A 16,2004