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HomeMy WebLinkAbout06-13-13 _ ___ .._ _ _ 1��1 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF . r►rtR .RT.aND COtJNTY, 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 �I,��, l ` �.— Name: Walter E. Mattson File No: (D(t� a/1c/a: �alter Eugene Mattson (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 3/30 2013 Age at death: 93 Decedent was domiciled at death in Cumberland County, Pennsylvania (Srare)with his/her last principal residence at 2921 Cumberland Boulevard, City of Camp Hill, Cumberland Co, PA Street address,Post OfRce and Zip Code City,Township ar Borough County Decedent died at 2921 Cumberland Boulevard Camp Hill Cumberland PA Street address,Post Oftice and Zip Code City,Township or Borough Caunty State Esrimate of value of decedent's property at death: Ifdomiciled in Pennsylvania...... ...................... All personal property $ 1�,DO�.0� If not domiciled in Pennsylvania. .. . . ................... Personal property in Pennsylvania $ If not damiciled in Pennsylvania. ....................... Personal property in County $ Value of real estute in Pennsylvania............ ............. ..... ........................... $ 150�000.00 TOTAL ESTIMATED VALUE. ... $ 160,OOO 0.00 Reai estate in Pennsylvania situated at: 2921 Cumberland Boulevard, Camp Hill, PA 17011 (Atrach additional sheets,ifnecessary.) Street address,Post Offtce and Zip Code City,Townshlp or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/shelthey is/3E8cthe Executor(s)named in the last Will of the Decedent,dated 8/24/2005 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciarion,death of executor,ctc.) Except as follows: after the execution of the instrument(s)offered foc 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 vicrim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS Q EXCEPTIONS � B. Petition for Grant of Letters of Administration (Ifapplicable) c.t.a.,d.b.n., d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate 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 wherein the grounds for divorc�ad been esta�ed ae�e�ed in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. � O �"ri � �NO EXCEPTIONS Q EXCEPTIONS � "�O C � � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followi�Sp'Ons ,�ifanyt}a�d heu'-'��(a�ch additional sheets,if necessury): �. � -.a GJ � c�'s .z. {-� � �L? �-3 "y'` Name Relations6i Addre -Y � `=- c'� . r"'S. !U °' �-t� "*� � � Q 'D" p 'p't Fo.mnw-oz re�. ln��uznrr Page 1 of2 _ _ R1� Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERI'AND } c C w 1-rt Peritioner(s)Printed Name Peritioner(s)Printed �s �— � Z � �� Gre or David Mattson 2579 Cove Circle, Atlanta, GA� 1 ---: � � � r,.� W .�; ,; ,^ � r':J � �r N! � �j � ."'L: '7^ .'t't a"7 C ' � �7 N 'i� 1 � The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are hve and corr�"etto the best of�know�ledgq 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 or �f rtned and subscribed before ' Date me this �ay pf June 2013 Gregory David Mattson Date By� Date�. _....._...._ r t kegister .-�°-° ' Date BOND Required: Q YES Q NO To ihe Register of Wi!!s: FEES: Please enter my appearance by my signature below: Lett rs . . . . . . . . . . . . . . . . . . . . . . $ ,��Q'��' Attorney Signature: ( ,O) Short Certificate(s). . . . . . ,S"p•�d ( ) Renunciation(s).. . . . . . . . ( ) Codicil(s). . . . . . . . . . . . . � � ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed me: Kevin lrt. Richards, Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court 43751 Othe . . . . . . . . ID Number: , . . . . . . . . i5�� Firm Name: HeIIrv S� BeBVer LLP -��� /1✓ . . . . . . . . '� Address: P.O. BOB 114� • • � • • • • • Lel�anon� PA 170b2-1140 • . . . . . . Phone: ��17� 274-3644 Automation Fee. . . . . . . . . . . . . . . '� Fax: � 7 — JCS Fee. . . . . . . . . . . . . . . . . . . . . �� Email: richardsAhenrvbeaver.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ 6^b0" `��8'.��Q DECREE OF THE REGISTER Estate of ���� File No: ��„�- [1 L/�J a/k!a: { AND NOW, ��h ,�, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS ECREED that Letters G/11�'A /'" are hereby granted to tt or ' ' h in the above estate and(if applicablel that the instrument(s) dated �I � DQ� described in the Petition bc admitted to probate an filed of record as the last Will(and Codicil(s of lJecedent. Register of Wills �� FormRW-02 rev. l0/!1/20l1 _ .�� � � � �..� � rn � � � � � � �� � rn = n �„� � D r F--� -� ;�'t � '� � C..J �x: :,=: ,� � �-s`. C� ��:s � C7 n r,.� 'C -rt -.,,.F � � .� � 7 HENRY & BEAVER LLP `� � u rv -=' >�� By: Kevin M. Richards -� � �,,, cn � I.D. #43751 � ^�' � 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 IN RE: WALTER EUGENE MATTSON, : IN THE OFFICE OF THE REGISTER OF : WILLS AND CLERK OF THE ORPHANS' Deceased : COURT : CUMBERLAND COUNTY, PENNSYLVANIA : No. PRAECIPE FOR ENTRY OF APPEARANCE TO THE REGISTER OF WILLS AND CLERK OF THE ORPHANS' COURT: Please enter the appearance of Kevin M. Richards, Esquire, of Henry & Beaver LLP, P.O. Box 1140, Lebanon, PA 17042-1140, on behalf of the above-captioned matter. G�- G'� �- Kevi . Richards I.D. 43751 Dated: June y�, 2013 -��. �� c� �' �s C <-�' � ffT � o m � � � 'G? o z' ,� v, � � _ � a° �„ r' r—� -r; s��t pr, � � � �; � � . � �, LAST WII,L AND TESTl�1�NT � � '�`' �° �`�` n c.� - _.._. �-c o t= 4. OF : -� r�.; :w_ .-,� � � y, c.�� a� � WALTER EUGENE MATTSON 'v 1,Walter Eugene Mattson the Testator,presently residing in C.,'umberland County,Pennsylvania,being of sound and disposing mind and memary,do make,puiblish and d�lare rhis to be my last Wiil and Testament, hereby revoking any and all Wills and Codicils made by me previously. 1. EXPLAINATION OF TERMS (a) The term "Testatar" shall refer to both male and female gender, furthermore,throughout this V�11, whei"ever the cont� requires or pernuits, genders shall be interchangeable and the singular number shall be deemed to include the plural and vise versa. (b) The term"Devise"shall refer to distribution of real property,personal property,or both,as the context requires or pennits,furthermore,the terms"Devisee" and Beneficiary"shall be interchangeable where the context requires of permits. . (c)The term"my spouse"shall refer to the person to whom I am married at the time I execute this document provided that I shall not be deemed to have a spouse if at the time of my death I am nat married to that spouse by . reason of divorce. The term"my children" shall incliude all of my children, whether born before or af}er the execution of this document,and the tenns"child",children",and"issue"shall such child,children, and/or issue in gestation at the time of my death who are born alive within ten(10)months of my death. For the pwpose of this Will,an adapted child shall be treated in all respects as if a natural child or issure of the adopting parents, reg,ardless of whether such child is adopteci before ar after the execution of this�11. The term"my stepchfldren�� shall refer only to the children of the person to whom I am married at the time I execute this document,which children aze n�my children, provided that it shall nat include such children if at the time of my death I am not married to that spouse by reason of divorce or am leagally separated from that spouse. (d�The term"Executor"sha11 refer to the Executor,Executrix,or Co-Executors,as the case may be of my estate or to any successor or alternate thereto,pravided,however,that in the case of my estate of Co-Executors, if one of the persons named has died,the surviving named p�rson or persons shall act as the sole Executor Constance Veranica Mattsan shall serve as said Executtor of my estate. In the event that said Executoir is unable or unwilling to serve in such capacity or dies while serving in such capacity, I appoint Gregory David Mattson as my alternate Executar. In the event that said alternate Executor is unable or unwilling to serve in such capacity or dies while serving in such capacity,I appoint Eugene Chazles Mattson as my alternate Executor. Page 1 �� -�-, 11. DEBT,ADMISTRATION EXPENSE,AND TAXES I direct my Executor,as soon as practicable after my death,to pay from my residuay estate or otherwise sarisfy for the purposes of Pennsylvania law,any deb�s of mine that are not barred by any applicale statute of limitaRion,. I also direct the Executor to pay from my residuary estate my funeral expenses, the e�cpenses of administering my estate,and any estate, inheritance,or other death taates altributable to property passing under thiswll or outside of thisWill(including specifically the proceeds of any life insurance policies on my life),except the Executar shall make such claim as is permitted by law for any death taxes attributable to property over which I have a power of appointment or to the inclusion of qualified terminable interest property in my estate. 111 POWERS OF ADMINISTRATION (a)In addition and without lunitation upon any powers granted by thius Will ar by law,the Executor,and any successor,shatl ha�e the following povvers which shall be exercisable in the Executar's discretion and in such mann�as the Executar may dee�i equitable and just without order of or report to any court: (1)To lease,sell,exchange,or atherwise dispc�se of any property owned by me at my death or acquired by the Executor after my death,at public or private sale,as the Executor deems best, and to make any election permitted lyy tax laws. (2)To invest any monies or other properties in my estate in such stocks,bonds,notes, real estate, certificates of deposit, improvements thereon, ar to make any other investments the Executor deems best, (3)To use real estate�akers,accountants,and attorneys to asist in the administration ofmy estate,at the discretion of my Executor,and to reasonably compensate them for their services. (4)To value the property in my estate for the purpose of making distributions and to distribute my estate in cash ar in kind and in divided or undivided interests (,5)To renew,extend,or modify any note,mortgage,deed of trust,or other indebtedness and to borrow money with or without security (6)Furthermore, I grant to my Executor all of my pow�ers set forth in Pennsylvania L.aws as amended to the date of execution of this Will. (�The pov�er to determine whether items should be charged ar credited to incame or principal apporti�ed between income and principal. The Executor shall exercise the Executar's � .on in such manner as the Fxecutor may reasonably deem equitable and 'ust under all th�circumstances and regardiess of whether such items are charged or credited to or�apportioned between income and principal as provided in the Pennsylvania. Official Code. Page-2- � V� "' ' - _ - -.�-�- � (b If I have directed my Executor to distribute any portion of my tangible personal property by a separate written instrument, it is my desire that such property be distributed as so directed, but without imposing any legal obligation on my Executor. (c)Any successor or alternate Executor shall have all of the riqhts, powers privileges, and immunities of the oriqinally named Executor. No Executor shall be required to make or file any inventory, appraisal, return, or account, or report to any court, or be required to post bond, unless otherwise required to do so not withstanding this provision. No successor or alternate Executor or other fiduciaries shall be required to inquire into or audit the acts of any predecessor or to make claim against any predecessor or his or her estate. (d) A corporate Executor may receive compensation for its services in accordance with its published schedule of fees in effect at the time the services under this Will are rendered. An individual Executor may receive that compensation for his or her services which is allowed by law at the time the services under this will are rendered. (e) If it becomes necessary for a representative of my estate to qualify in any jurisdiction other than the state of Pennsylvania in which my Executor shall be unable or unwilling to qualify as Executor,then my Executor shall have the right to appoint an individual or corporate representative of my estate in such jurisdiction. Any such representative is authorized and requested to appoint my domicillary Executor as agent to handle the details of the administration of my estate in such other jurisdiction. Any such representative is requested to complete the administration of my estate in such other jurisdiction as soon as possible and to transfer any property received in such administration to my domicilliary Executor. IV, SIMULTANEOUS DEATH If any Beneficiary or Devisee under this Will does not survive me by thirty(30)days from the date of my death,it shall be presumed for purposes of any distribution to or for the benefit of such Beneficiary or Devisee that such Beneficiary or devisee predeceased me. V, EFFECT OF BIRTH OR ADOPTION OF CHILD This Will is made in contemplation of the birth or adoption of children or additional children and shall not be revoked by any such event or events. VI, I devise a11 of the rest, residue, and remainder of my estate, real and personal, or mixed, wheresoever located, as follows: Page -3- ��� . . . . ..,�-. --. .. I hereby devise the remainder of my estate to the Trustees then acting under the Family Trust executed by me immediately prior to my execution of this Will,as the same may be amended prior to my death,to be held, managed, and distributed under the terms of such trust as of the date of my death. In the event that this devise of my residuary estate to the Family Trust is for any reason ineffective,I devise such property to the Executor, acting as Trustee, to be held, managed, and distributed pursuant to the terms of the Family Trust, the terms of which are hereby expressly incorporated by reference. Provided,however, if at the time of my death I am survived by my spouse and the Trustee then acting under said Trust disclaims any part or all of this Devise, any part of such Devise so disclaimed shall be distributed to my spouse free of trust Page-4- _ . . •+��+ 1. Walter Eugene Mattson, the T tator, sign my name and affix my seal to this instrument this � !.� day of , °J�,�, and do hereby declare and publish this instrumery� as my Las il an�estament and that I sign it willingly (or direct another to sign r me}that I execute it as my free and voluntary act for the purposes therein expressed, and that I am fourteen(14) years or older, of sound mind, and under no constraint or undue influence. . ��7�y�_9�' (SEAL) Eugen Matt on, Testator We, n��;t; /�i� � � I IJ T / �"��;, C C� andc-\,-c,S r��'� �� l't A n. �A-f; ��' ��, the witnesses,sign o r names to this instrument on t h e d a t e a b o v e w r i t t e n,an d do here by declare that the Testator signed,sealed, declared,and published this instrument as his (her) last Will and Testament and that he(she) signed it willingly (or willingly directed another in his (her)presence and hearing to sign for him(her) and that each of us, at his (her) request and in the presence and hearing of the Testator and in the presence and hearing of each other hereby signs this Will as witness to the Testator's signing, and to the best of our knowledge the Testator is fourteen (14} years of age or older, of sound mind and under no constraint or undue influence. Witness Signature Q-(�^1'� Witness Signature � �'`��"'���� /��� Page -5- _ _ ,1_. . . . . __ r�� AFFIDAVIT STATE OF PENNSYLVANIA COUNTY OF CUMBERI�AND Before me, the un signed authority,on this day personally appeared Walter Eugene Mattson, Da � • ��G'G'i'� and�/� �. �A�/S�9'R�G�� , known to e to be the Testatar and the wimesses, respectively, whose names are subscribed to the ann�ed or foregoing instrument in their respective capacities,and,all of said persons being by me duly sworn,Walter Eugene Mattsan,Testator,declared to me and to the said witnesses in my presence that said instrument is his(her) Last�11 and Testament and that he(she) had willingly made and executed it as his(her)free act and dced far the purposes therein expressed. The witnesses,each on his oath,stated to me in the presence and hearing of the Testator that the Testatar had declared to them that the instrument is his(her)Last Will and Testament and that he(she)executed same as such and wanted each of them to sign it as a witnress, and upon his(her) oath each witness stated that he (she)did sign that same as wimess in the presence of the Testator and at his(her)request,that he(she) was at the time fourtcen (14) years of age or over and was of sound mind, and that each of said witnessess was then at least fourteen(14)years of age. l�2��'�'� Waiter Eugene son,Testator Q Witness � c 1�.�.s Sworn to and subscribed befare me by Walter Eugene Mattson, the Testator and sworn to and subscxibed before me by: � E , �.1-077�7� i���'�4 and � • ���i� � � �/S�/�JC , wimesses, this day of �-� Notary Public �5�� ���li oF���LVANIA ' My Commiss � NOTARtAI SEAL , ublic Camp Hill Baro, Cur�berland County My �a!nmission Expires June 6, 2009 ' Page-6- i--_-w._.... ._.�.. __. ..._...-.--_.._..�..,...__ �N",' _ _ - _ - - - _