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HomeMy WebLinkAbout07-02-13 (2) PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND 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 requests the grant of Letters in the appropriate form: John R.Mattson Decedent's Information 11 Name: Raymond H.Mattson File No: 21-12 — 1 C)I a/k/a: (Assigned by Register) a/k/a: arkla: Social Security No: Date of Death: 0 9/1 51201 2 Age at Death: 91 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 909 Woodland Drive,Lemoyne 17043 Lemoyne Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 7600 Baja Cove Austin Travis TX Street address,Post Once and Zip Code City,Township or Barcugh County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 500.00 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 $ 500.00 Real estate in Pennsylvania situated at (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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent.dated 10/06/2004 and Codicil(s) thereto dated 08/01/2012 State relevant circumstances(e g.,renunciation,death ofemorater,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 ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) at a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durance absentia.currents minontate If Administration,c.t.a ord.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 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 c – x tb A C_- c a c cn tzD z: O r N Cr> O Cn _T7 form RW-02 rev to-If-wii Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } RECORDED OFFICE OF COUNTYOF Cumberland j SS. REGISTER OF WILLS Petitioners)Printed Name Petitioner(s)Printed Address , 1 John R.Mattson 7600 Baja Cove Austin,TX 78759 CLERK O'r ORHhANb COURT CUMBERLAND CO., PA 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 Representatives)of the Decedent,Petitioner(s)will well ind4ruly administer the estate aocordin to law. Sworn too ffifgied and scribed before Date me thi da of ,( � Date y. Date r R er Date BOND Required? ❑ YES rX NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $__=is Attorne Signature: ( 4 )Short Certificate(s)......... ✓vV ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Roger M.Morgenthal Esq. Bond.....___.................................. Supreme Court Commission......11.''.......................... -fir— ID Number: 17143 Other Firm Name: Smiael,Anderson&Sacks LLP _ n�- T n y Address: 4431 N.Front Street,3rd Floor ivy Harrisburg,PA 17110 Phone: (717)234-2401 Automation Fee... Fax: (717)234-3611 JCSFee....................................... TOTAL......................................... $ E-mail: rmorgenthal @sasllp.com DECREE OF THE REGISTER Date of Death: 09115/2012 Social Security No: _ Estate of Raymond H.Mattson File No: 21-12 j Q a/k/a: �1 AND NOW L9 in consideration of the foregoing Petition, satisfactory proof having be n resented before me,IT IS DECREED that Letters Testamentary _ are hereby granted to John R.Mattson in the above estate and(if applicable)that the instrument(s)dated 10/0612004 08101;:2012 ,+ described in the Petition be admitted to probate and filed of record as the last Will(and Codicil"s))of,Decedent. �^ Qndoti; _ DnP4 7 j gister of Wills �- i - Copyright(c)2011 form software only The Lac4,nar Group/ Page 2 of 2 Y rri P i n _ iozra� �+1 x x b A gVI ~ O M a N n c w Tf m o � c CD M. cn � b O O O L T C.0 A C r A N In O cri -71 6Z0/ZOOQJ YVd BS:OT ZTOZ/LT/80 LAST WILL AND TESTAMENT OF RAYMOND H. MATTSON I, Raymond 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 1 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. §1.2 1 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 furnishings, 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 tZ0/c00e Yea BS:OT ZTOZ/LT/80 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 4 2004, established by me, as Grantor, and Raymond H. Mattson, as Trustee, which Trust Agreement is presently in existence and in futilorce 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 Appolntment 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 bZ0/600F Iva 8S OT ZTOZ/LT/80 IF �`�}rf'Se',n(1f{�•e�� -, JS,l"C.$-�Z yrx���:i:�'et�%,J�Y"�`J�`•.*fr:.a*�?n"�:ro'��;,.J.sfiry,`"�'�'�9�{�."4?> ,' 'd r'� ���y�+��4tip,dt'r e:s�,�"l..t�'{f�{"�,�:'eY'iY`t`a. 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Vt-ss.grribulani .ioislansit ed) rns t dtif.11mi'M as r;f�40) unc of eAwn for: bib I daidw 01 as 9mifelit yin pntiut erti �?d beiietta nit ;rifeab ym ai iohq si'0460,01i6 ynfr ni e;ieri itnm i faeietni yns hi3q ni 10 sloriw M miafaeib oT Ti ,S.ap to cfx373f.Sa{ tend 901 ni ad of ie!riislailb rtaus ernoob iofuae;s qdr,i 4tsfw b is :toe13r42 nsiia bitdnad bfnr OtI14 s yrn be;srsto Maim yns ,911W ym to fttaeb elf i3fts ,opiem 0' eabrfu ,v4JW ym io 3m + d betperizi ziamf m feuif,iwiio ynE ittiw iebrywtwmi fags nns Zsiimis ytlsltn£fadua 3is tevit rbua ps Ic armo Brit it ,bssb io 111W tied i sgv3 ripais ti leans ,enonqq Anise wit to fitsnod vmmfi't wil for Wlili x3f r *9ansiS grsigilia e c,sien�p io ialdas ,ofnwnil kievbn ne eeuns ton .33nnupaenpo xf� �13IAf7:4_ ,ici;.)n`ili bnr3 u:a M!i IsSl ym :9 i',imnauxe i A ysq ilsrfa yfvf i.a bns tans pn bis: W6;,,'?o plena pnibubfi,i ,noiJG-Ldz1mrT;13c to of;tw Yd bannup eedsf IE.s ysq 116;9z iotuasxa yM ofc,pzs ym lenirre astilsrd;; isgwlq is,*o p to G 3tik 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) includible 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 tZ0/8000 YVa TO:TT ZTOZ/LT/80 §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 shall be construed as if such beneficiary predeceased me. §7.3 A corporate fiduciary shall be entitled to receive compensation for its 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 compensation for such fiduciary's services hereunder. IN WITNESS WHEREOF, I have hereunto set my hand and seal this * day of October, 2004. Ray6ond 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 re s and in his presence and in the presence of each other, have hereunto subscribe ur narqes as witnesses thereto and the day and year last above written. AC 1i9s5 M4 t... Residing at r' G• p !1:11, PA 1701r rr ' . Residing at Al tg)()kA-r, 4NMian T(fig Residing at CN0 11> A_-, � -- 0Yr( A t 1Oq Page 7 of 9 rzo/000gl YK3 TO�TT ZTOZ/4T/80 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 1 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 &'t` day of October, 2004. Rat( and H. Mattson, Testator J Notary Public /��(7C04 My Commission Expires: COMMONW AI?N OF PCNNS VANIA Noteriol Seal Nof imBurn blio CityIe6rg, Doup i county My Commission E>tplrce July 12. 2008 Member, Pannsylmnla Association of no-rte- Page 8 of 9 DZO/OTO O YVA TO:TT ZTOZ/LT/60 0 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN 1 _, t7n,su (� X1,11 ..tnaArl and 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 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. $worn to or affirmed and subscribed to befrmeand witnesses, this & day of October, 2004. Witnes � A / n ss Wiitn� ss� va Notary Public My Commission Expires: 'y1161'?' R COMMONWEALTH OF P 9 VANIA Naleflei Scal F:\dbw\WIIIsIMadson\Raymond-WILL.doc Harve lTringe 6oughmnn, Notn�y Public Clry,ar Hertieburg, pnuphln Cwnry My Commivion ExPlrq hly 12, 2008 Member, Pennsylvania Aeeodagon of NOW" Page 9 of 9 4ZO/TTO® YVa ZO:TT ZTOZ/LT/80 CODICIL TO THE LAST WILL AND TESTAMENT OF RAYMOND H. MATTSON I, Raymond H. Mattson, of Lemoyne, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this Codicil to my Last Will and Testament dated October 6, 2004 (hereinafter my"Will"). Section 4.1 of Article Four (Appointment of Fiduciaries) is hereby amended and restated in its entirety, as follows: §4.1 1 appoint my son, John R. Mattson, as Executor of this Will. If John R. Mattson is unable or unwilling to act or continue to act as my Executor, for any reason whatsoever, I appoint, my daughter, Barbara Jean Mattson, to serve as Executor in her place. In the event Barbara Jean Mattson is either unable or unwilling to act or continue to act as my Executor, I appoint my son, Scott Marshall Mattson, to serve as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. In all other respects, my Will shall continue and remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Will, consisting of three pages, this I$+-day of j1g rsk _, 2012, Raywfond H. Mattson r, c t rn tzj er N Mni C n 7J rl -`' c� it Page`;1 of 3 ry v ca cn -a f 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. Address _ _� �-�D t- v 'C G , �7tD 't Address kSD t L_&j d pr, 1,61vr Ana 9, P-A 17110 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. Swom to or affirmed and acknowledged before me by Raymond H. Mattson, this 01- dayof Ad-jJ5+_ 2012. a so a, Te tutor CaMh NWEALTHOFrENMY{VAMA NOTARIAL SEAL Lisa M.Sites,Notary Public City of Harrisburg,Daxphin County (`f� _ My cor mcksion expires April 28,2013 :aryvPublic My Commission Expires: Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF We, Steven C. Wilds 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 Blotnske this ist day of August 2012, Witness Witnes o)C, Not ublic My Commission Expires: commoNWTALTx OF PENNSYLVANIA NOTARIAL SEAL Lisa M.Sites,Notary Public [CityCity of Harrisburg,Da®phin County i�esA ri128,2013 F:\dhw\Wills\Mattson\Raymond - Codicil 2012.doc Page 3 of 3