Loading...
HomeMy WebLinkAbout06-04-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION c 10 <-' z m REGISTER OF WILLS c m m � � O rn o z (n No. 2012-01011 n z m s z o Cn • � 0 0 ESTATE OF RAYMOND H. MATTSON, DECEASE o o r -n -° C= = c� PETITION TO ADMIT TO PROBATE A PHOTOCOPY 6F-WILL c) r rn �y f,1 in O TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY: The Petition of John Raymond Mattson respectfully states: I. The Petitioner is the son of Raymond H. Mattson, ("Decedent") who died a resident of Cumberland County, Pennsylvania,on September 15, 2012. 2. Petitioner resides at 7600 Baja Cove, Austin,Texas 78759. 3. Decedent was survived by Petitioner and the following additional next of kin: (a) His wife, Romayne F. Mattson, who resides at Country Meadows of the West Shore, 4905 E. Trindle Road, Mechanicsburg, PA 17050. (b) His son, Scott Marshall Mattson, who resides at 21122 Greenbriar Lane, South Lyon, MI 48178. (c) His daughter, Barbara lean Mattson, who resides at 4753 Olentangy River Road, Apartment H, Columbus, OH 43214-1963. (d) His daughter, Virginia Ruth Mattson Carden, who resides at 100 Barons Glen Way, Cary, NC 27513. 4. On October 6, 2004, Decedent executed a will, a copy of which is attached hereto as Exhibit A, wherein it named his wife, Romayne F. Mattson, as executrix; and his daughter, Barbara Jean Mattson, and his son, Scott Marshall Mattson, as successor executors in that order. 5. The will was prepared by Decedent's attorney, Steven C. Wilds, Esquire, and was witnessed by his said attorney and two other persons, Denise B. Williamson and Paula A. Kalinowski. 6. Following the execution of the will by Decedent, the will was photocopied and one photocopy was retained in the attorney's files and others were provided to Decedent including one found among his personal effects after his death. 7. The original will is believed by Petitioner never to have been in Decedent's possession, but that it was retained by his attorney, Steven C. Wilds, Esquire, who was in possession of the original Codicil referred to below at the time Decedent died. 8. On August 1, 2012, Decedent executed a Codicil to his Last Will and Testament dated October 6, 2004,whereby he amended and restated Section 4.1 of Article Four(Appointment of Fiduciaries), appointing Petitioner John R. Mattson as Executor of said will; and his daughter, Barbara Jean Mattson, and his son, Scott Marshall Mattson, as successor executors in that order. 9. Said Codicil was prepared by Decedent's attorney, Steven C. Wilds, Esquire, and witnessed by Kristie Blomske. The original Codicil is now in the possession of Petitioner's attorneys, Smigel, Anderson & Sacks, LLP, and will be offered for probate. 2 10. Petitioner and his attorneys have made a diligent effort to find the missing will, assuring that Decedent's said attorney made a thorough search of his office and files; having Decedent's wife,by and through her attomey-in-fact, search her personal effects and a safe deposit box at Fulton Bank,held in the name of Decedent and his wife, in an effort to find the will; and a search of Decedent's personal effects by the Petitioner. Despite these efforts, the original Will could not be found. 11. Petitioner believes and avers that all of the Decedent's next of kin are in agreement with this Petition and support the probate of the photocopied will. WHEREFORE, petitioner respectfully requests that a citation issue directed to Romayne F. Mattson, Barbara Jean Mattson, Steven Marshall Mattson and to show cause why a photocopy of the will dated October 6, 2004, of Decedent,Raymond H. Mattson, should not be admitted to probate as if it were the original. Date: John Raymond Mattson, Petitioner Roger M. Morgenthal, Aquire, PA ID#17143 Smigel,Anderson & Sacks, LLP 4431 N. Front Street, 3`a Floor Harrisburg, PA 17110 (717) 234-2401 x 161 rmorgenthal @sasllp.com Attorney for Petitioner 3 VERIFICATION I, JOHN R. MATTSON, hereby state that I am the Petitioner herein, and I hereby verify that the statements made in the foregoing petition are true and correct to the best of my information, knowledge and belief. This statement is made pursuant to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. Date: 4 i LAST WILL AND TESTAMENT OF RAYMOND H. MATTSON I, l4aymond H. Mattson, of Lemoyne, Cumberland County, Pennsylvania, which I hereby declare to be my domicile, make this Will, hereby revoking all my former Wills and Codicils. Article One Specific Bequest of Tangible Personal Property §1.1 I may have placed with this Will or otherwise made known to my Executor a separate writing giving certain items of personal property to certain individuals. It is my intention that such items shall pass to such individuals to be distributed by my Executor in accordance with such writing. In the absence of such writing, or to the extent it is incomplete or ineffective,then all my property, real, personal, and mixed, shall be distributed in accordance with Section 1.2 below. §12 I bequeath to my wife, Romayne F. Mattson (hereafter my"Wife"), if she survives me, all my tangible personal property not disposed of by Section 1.1 above, including, by way of illustration and not by way of limitation, my household furniture and fumishings, paintings, books, automobiles,jewelry and personal effects. §1.3 If my Wife does not survive me, I give and bequeath all of my tangible personal property that would otherwise pass under§1.2 to my Children (as defined herein)who survive me in as equal shares as practicable, to be divided among them as they may agree. If they are unable to agree, my Executor shall make such decision. §1.4 To the extent possible, I bequeath any policies of insurance covering specific items of my tangible personal property to the beneficiary entitled to the specific item of property. §1.5 1 direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid as an administrative expense of my estate. Page 1 of 9 ZX/-1181 T 'A'' ��12�D 60 py r Article Two Residual Estate §2.1 All the rest, residue, and remainder of my estate, wherever situated, I give, devise, and bequeath to the then acting trustee under the RAYMOND H. MATTSON TRUST AGREEMENT dated October G , 2004, established by me, as h Grantor, and Raymond H. Mattson, as Trustee,wich Trust Agreement is presently in existence and in full1orce and effect, to be held, administered; and distributed in accordance with the provisions of said Trust Agreement, as the same may be hereafter amended in writing. §2.2 In the event the Trust Agreement set forth in Section 2.1 above is not in existence or found to be invalid or ineffective, I give, devise, and bequeath all the rest, residue, and remainder of my property, real, personal, and mixed, to the then acting trustee under the aforementioned Trust Agreement, to be held by such trustee in trust on the same terms and conditions as those specified in such trust as the same existed at the time of execution of this Will or the last codicil thereto. I direct that no bond be required of said trustee, or successor trustee, in such instance. Article Three Definitions §3.1 As used in this Will,the following terms shall have the following meanings: §3.1.1 My"Children" shall mean my children, Barbara Jean Mattson of Columbus, Ohio; John Raymond Mattson of Austin, Texas; Scott Marshall Mattson of South Lyon, Michigan; and Virginia Mattson Carden of Cary, North Carolina, and any other children of mine, natural or adopted. §3.1.2 My"Issue" shall mean my Children and their descendants, natural or adopted. Article Four Appointment of Fiduciaries §4.1 1 appoint my Wife, Romayne F. Mattson, as Executor of this Will. If my Wife is unable or unwilling to act or continue to act as my Executor, for any reason whatsoever, I appoint my daughter, Barbara Jean:Mattson, to serve as Executor in her place. In the event Barbara Jean Mattson is either unable or unwilling to act or continue to act as my Executor, I appoint my son, Scott Marshall.Mattson, to serve as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. Page 2 of 9 Y §4.2 1 appoint the Executor then serving hereunder as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college, university and.graduate education, and professional, vocational or technical training, without securing a court order. §4.3 If at the time of my death I am serving as a custodian of any Uniform Transfers to Minors Act or Uniform Gifts to Minors Act account and have the right to appoint my successor, I appoint my Executor as my successor. Article Five Power of Fiduciaries §5.1 No fiduciary under this Will shall be required to post bond or other security for the faithful performance of the fiduciary's duties. §5.2 Any such fiduciary shall have the following powers, in addition to those given by taw: §5.2.1 To invest in, accept and retain any real or personal property, including bonds, notes, money market funds, general and limited partnership interest, mortgages, and the stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.2.2 To sell, exchange or partition either at public or private sale and upon such terms and conditions as my fiduciary may deem advantageous to my Estate or a trust, any or all real or personal estate or interest therein owned by the Estate or a trust severally or in conjunction with.other persons or acquired after my death by my fiduciary and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust, and without obligation of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying.out any of the powers conferred upon my fiduciary in my Will; §5.2.3 To enter into and execute agreements of sale and long-term leases and ground leases for any duration;to hold, subdivide, improve and develop real property; to continue, terminate or refuse to renew any Page 3 of 9 existing leases, agreements, mortgages or other encumbrances;to settle, compromise, negotiate, arbitrate, litigate or otherwise dispose of disputes. concerning real property without court approval; to form and enter into partnerships (general and limited) and corporations; and to vote interests or shares therein; §5.2.4 To mortgage, create a security interest in, pledge, or hypothecate; to exchange or lease (including lease for a period extending beyond the term of the trust created by this Will); or to license, publish or otherwise dispose of any shares, notes, securities, real estate, minerals, literary and other trust property upon such terms, cash or credit, or both, as the fiduciary may deem advisable; §5.2.5 To make application for licenses and other documents to the proper local or state agencies, boards and bureaus; §5.2.6 To employ agents, accountants, attorneys, property managers, appraisers, contractors, engineers, architects, surveyors, real estate consultants, brokers and assistants and to pay their fees and expenses, as the Executor may deem necessary or advisable to carry out the provisions of this Will; §5.2.7 To participate in any reorganization, consolidation, merger or dissolution of any partnership, or corporation, the stocks, bonds or other securities of which may be held at any time as part of the trust property, and to receive and continue to hold any property which may be allocated or distributed to the fiduciary by reason of participation in any such reorganization, consolidation, merger or dissolution; §5.2.8 To vote any shares of stock which form a part of my Estate or a trust and to otherwise exercise all the powers incident to the ownership of such stock; §5.2.9 To assign to and hold in a trust an undivided portion of any asset; §5.2.10 To borrow money from any person, including any fiduciary acting hereunder if such loans are upon reasonable commercial terms, and to mortgage or pledge any real or personal property; §5.2.11 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass delivery; Page 4 of 9 r §5.2.12 To engage in litigation and to compromise, arbitrate or abandon claims without court approval; §5.2.13 To make distributions in cash, or in kind or partly in each, at current values, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; §5.2.14 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payments of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; §5.2.15 To the extent economically beneficial to my estate,to join with my Wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her estate to indemnify my estate against liability for the tax attributable to her income, and to consent, for federal gift tax purposes, to having gifts made by my Wife during my lifetime treated as having been made half by me; §5.2.16 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a)of the Internal Revenue Code (which statutory exemption is presently$1,000,000.00),to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; §5.2.17 To disclaim in whole or in part any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and beneficiaries thereof; and §5.2.18 To merge, after the death of my Wife, any trust created hereunder with any other trust or trusts created by me or my Wife, under will or deed, if the terms of any such trust are substantially similar and are held for the primary benefit of the same persons, and if such merger shall not cause an adverse income, estate or generation-skipping transfer tax consequence. Article Six Provision for Debts, Expenses and Taxes §6.1 My Executor shall pay all expenses of my last illness and funeral, costs of administration, including costs of safeguarding and delivering bequests and other proper charges against my estate. My Executor shall pay all taxes assessed by } Page 5 of 9 f reason of my.death (except that amount, if any, by which the estate and inheritance taxes shall be increased as a result of inclusion of property which I may have a power of appointment shall be paid by the person holding or receiving the property), including interest and penalties thereof,from my residuary estate or, in the manner hereinafter provided, from the trust estate of the trust created under the Trust Agreement identified in Article Two hereof. Interest and penalties concerning any tax shall be paid and charged in the same manner as the tax. §6.2 1 have directed the trustee under the Trust Agreement of even date herewith to pay to my Executor such amounts as my Executor shall request in writing as necessary or advisable to supplement my probate estate in order to pay in full all debts, bequests, funeral, and administrative expenses, federal and state income taxes, and any tax which may be imposed by reason of my death. I authorize my Executor to request such trustee to make all such payments to my Executor to the extent so requested by my Executor; provided, however, that if any bonds issued by the United States which may be redeemed at par in payment of federal estate taxes, and any interest and penalties thereon due by reason of my death are held by such trustee, such trustee shall utilize such bonds for the payment of same, to the extent such bonds are redeemable for such payment or to the extent of the par value and accrued interest on such bonds, whichever is less, regardless of the sufficiency of other assets in my estate to pay the same. §6.3 My Executor shall make such elections under the tax laws as my Executor deems advisable, without regard to the relative interests of the beneficiaries. No adjustment shall be made between principal and income or in the relative interests of the beneficiaries to compensate for the effect of elections under the tax laws made by my Executor or by the trustee under the Trust Agreement herein mentioned. §6.4. My Executor shall have full power and authority to make the election described in Section 2056(b)(7)of the Internal Revenue Code of 1986 or the corresponding provisions of any further United States internal revenue law in respect of all qualified terminable interest property(or any specific portion thereof) ineludible in my gross estate,to such extent as my Executor shall deem to be in the best interests of my estate and the beneficiaries thereof, and any determination made in good faith by my Executor to make or not to make such election shall be binding and conclusive upon each person having any interest in my estate and shall not be subject to questions or exception in any manner or proceeding whatsoever,or by any person whomsoever. Article Seven Miscellaneous Provisions §7.1 As used in this Will, the terms "Internal Revenue Code"and the "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provisions of subsequent law. Page 6 of 9 §7.2 If any beneficiary under this Will and I die under such circumstances that it is impossible to determine which of us survived,or if any such beneficiary shall ; fail to survive me for ninety (90)days, it shall be conclusively presumed and this Will . I shall be construed as if such beneficiary predeceased me. §7.3 A corporate fiduciary shall be entitled to receive compensation for its is services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be provided by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable I compensation for such fiduciary's services hereunder. i IN WITNESS WHEREOF, I have hereunto set my hand and seal this ; h' day of October, 2004. / 1� iJ Ra and H. Mattson Signed sealed, published and declared by the above-named Testator, Raymond H attson, as and for his last Will, in the presence of us and each of us,who at his requ s and in his presence and in the presence of each other, have hereunto subscrib ur na �jessaas witnesses thereto and the day and year last above written. Residing at a`1ss rt�pl4 ¢•-�d CA M j 1,{.;11 GA 1-7011 Residing at 99 (A Ida OD%Qe� A ,e. ^ Fhtl FP C701i Residing at(ND Oxrl A [qi0 t Page 7 of 9 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN I, Raymond H. Mattson,the Testator whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Raymond H. Mattson,the Testator, this K' day of October, 2004. Ra and H. Mattson, Testator I /n Notary Public My Commission Expires: '11121ma COMMONWEALTH OF PENNSYLVANIA Notarial Seal Harva Owings Baughman,Notary Public City bt Hasbmg. Dauphin County My Comm mWon Expires luty.12,2008 Member.Pennsylvania Association of Notarles i E Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN ////�� 1 , i ,;tsQ. P� t ctu,:, and I�1• l the witnesses whose names are signed to the attached or foregoing instr ment, being 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; that each subscribing witness, in the hearing and sight of the Testator, signed the Will as a witness; and that to the best of our knowledge,the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. $worn to or affirmed and subscribed to befrmeby ud(ld�,Qup�c¢ JW,kl,tt �srl and ill Sit , witnesses, this Cam•', day of October, 2004. Witnes LU n ss I i Notary.Public ° My Commission Expires: COMMONWEALTH OF PENNSYLVANIA F:WbMWi1IsWattson 1Raymond-WILL.doe Notarial Seal Harva Owings Baughman, Ni Public City of Hnrtitburg. Dauphin County My Commission Fxpim July IZ 2008 i Member,Pen %)Mnla Assoaagon or Notules i { i Page 9 of 9 i CODICIL TO THE LAST WILL AND TESTAMENT OF RAYMOND H. MATTSON I, Raymond H. Mattson, of Lemoyne, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this Codicil to my Last Will and Testament dated October 6, 2004 (hereinafter my"Will'). Section 4.1 of Article Four(Appointment of Fiduciaries) is hereby amended and restated in its entirety, as follows: §4.1 1 appoint my son, John R. Mattson, as Executor of this Will. If John R. Mattson is unable or unwilling to act or continue to act as my Executor, for any reason whatsoever, 1 appoint my daughter, Barbara Jean Mattson, to serve as Executor in her place. In the event Barbara Jean Mattson is either unable or unwilling to act or continue to act as my Executor, I appoint my son, Scott Marshall Mattson, to serve as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. In all other respects, my Will shall continue and remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Will, consisting of three pages, this 1 64-day of �a 12012. Ray�ti and H. Mattson (Y II Page 1 of 3 Z--Xi 18 I T 13 SIGNED, SEALED, PUBLISHED AND DECLARED by the above- named Testator, Raymond H. Mattson, as and for a Codicil to his Will, in the presence of us, who, at his request, in his presence, and in the presence of each other, have hereunto subs ribed our names a witnesses in attestation thereof. i Addressi 09 E h S Add' Address 4Strt --ne,ret.n1,-d Dr. I.Ili✓t' 9, P-A 1111/0 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF 1, Raymond H. Mattson, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will and Testament; and that 1 signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Raymond N. Mattson, this 1�� day of_ 4a-!j js+- . 2012. All c s�io Testator C6MMONwt+ALTH aF PGNI IM YAN(h Y Nfris La7vol ry . Lisa M.Sites,Notary A+biic City of Harrisburg,Dauphin County lrQ M - M eca3missmnea iresA vL28,20(3 a Public My Commission Expires: Page 2 of 3 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. We, Steven C. Wilda and Kristie Blomske the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as a Codicil to his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness, in the hearing and sight of the Testator, signed the Codicil as a witness; and that to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Steven C. Wilds and Kristie Blomske August this 1st day of ' 2012. JuOic � � � My Commission Expires: COMMOMYEALTR OF PENNSYLVANIA NOTARIAL SEAL Liss M.Site"14 otary Public Cily of llai risbm8,Dauphin County M co`yranission SU,,f ,A ril Y8,2011 F:\dbw\Wills\Kattcon\Raymond - Codicil aola.doo Page 3 of 3