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
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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. �^
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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
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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.
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§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...
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Page 7 of 9
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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.
$worn to or affirmed and subscribed to befrmeand witnesses, this & day of October, 2004. Witnes
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Wiitn� ss� va
Notary Public
My Commission Expires: 'y1161'?' R
COMMONWEALTH OF P 9 VANIA
Naleflei Scal
F:\dbw\WIIIsIMadson\Raymond-WILL.doc Harve lTringe 6oughmnn, Notn�y Public
Clry,ar Hertieburg, pnuphln Cwnry
My Commivion ExPlrq hly 12, 2008
Member, Pennsylvania Aeeodagon of NOW"
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4ZO/TTO® YVa ZO:TT ZTOZ/LT/80
CODICIL TO THE
LAST WILL AND TESTAMENT OF
RAYMOND H. MATTSON
I, Raymond H. Mattson, of Lemoyne, Cumberland County, Pennsylvania, being of
sound and disposing mind and memory, do make, publish and declare this Codicil to my
Last Will and Testament dated October 6, 2004 (hereinafter my"Will").
Section 4.1 of Article Four (Appointment of Fiduciaries) is hereby amended
and restated in its entirety, as follows:
§4.1 1 appoint my son, John R. Mattson, as Executor of this Will. If
John R. Mattson is unable or unwilling to act or continue to act as my
Executor, for any reason whatsoever, I appoint, my daughter, Barbara
Jean Mattson, to serve as Executor in her place. In the event Barbara
Jean Mattson is either unable or unwilling to act or continue to act as my
Executor, I appoint my son, Scott Marshall Mattson, to serve as successor
Executor. All references herein to the "Executor" shall mean my originally
appointed Executor or my successor Executor, as the case may be.
In all other respects, my Will shall continue and remain in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this
Codicil to my Will, consisting of three pages, this I$+-day of
j1g rsk
_, 2012,
Raywfond H. Mattson
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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
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