HomeMy WebLinkAbout07-15-13 Reset
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 yeazs of age or older, apply(ies) for LetYers 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
Name: Gilbert N.Derick File No:
y/�a: (Assigned by Register)
a/k/a:
a/]�/a: Social Security No:
Date of Death: Sulv 29,2011 Age at death: 86
Decedent was domiciled at death io CUMBERLAND County, nA (Scaee)with his/her last
principal residence at 132 Carol Lane Enola PA 17025 East Pennsboro Townshin Cumberland Countv
Street addreas,Post OfOce and Zip Code City,Township or Borough Counry
Decedent died at Healthsouth Reeional 4950 Wilson Ln Mechanicsburh PA 17055 Uvner Allen Two Cumberland Countv
Street oddress,Post Oftice end Zip Code City,Township or Barough County State
Estimate of value of decedenYs property at death:
/f domiciled in Pennsyfvania..... .... . . . .. .. ....... .. ... All personal properly $ 3,500.00
/f not domiciled in Pennsylvania. ......... .... . ......... Personal property in Pennsylvania $ .
!f not domrcrled in Pennsylvonia. ............. . . . . . ..... Personal property in Counry $
Va[ueojrea[estatein Pennsylvania... . .. ......... . . . . . .. . .... . . . ..... ........... .. . . . . . .... $
TOTAL ESTIMATED VALUE. .. . $ 3.500.00
Real estace in Pennsylvania siNated ad
(Aftach addifional sbeets,i(necessary.) Street address,Past Oftice and Zip Cade CIty,Townehip or Borough County
� A. Petition for Probate and Grant oF Letters Testamentarv
Peationer(s)aver(s)he/she/they is/ara the Executor(s)named in the last Will of the Dacedent,dated 7/12/2001 aod Codieil(s)
thereto dated
p im , t ($(a h M n 'rk��1' �l 4/1 R/ !11 i
State relevant clrcumstances(e.g.renuncioBon,deotX ofexecutor,etc.)
Exceptasfollows: aftertheexecutionoftheinstrument(s)offeredforprobateDecedentdidnotmarry,wasnotdivorced,wasnotapartytoapending
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 bom 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 (ifappiicable)
c.t.a.,d.b.n., d.6n.c.t.a.,pendente lite,duronte absentia,durunee minoritate
If Administration,c.t.a. or db.n.c.Ga.,enter date of Will imSecGon A above and complete list of heirs.
Except as follows: DeceAent was not a par[y 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 W ill and was survivedby the following spouse(if any)and heirs(atmch
add3honal sheeds,if neeessary):
Name Relationshi Address
Form RW-01 rev. roi�vinn Page 1 of 2
_ _
Oath of Personal Representative orto�ai us�o�iY
COMMONWEALTH OF PENNSYLVANIA }
} 5S:
COUNTY OF CUMBERLAND }
Petitionec(s)Printed Name Petitioner(s)Printed Addreas
She L n Sallada 2604 Pa�cton Church Road Harrisbur PA 17110
The Petitioner(s)ebov�named swear(s)oc affirm(s)the statements in the foregoing Petition are vue and correct to the beat of the knowledge and belief
of Pecitioner(s)and that,as Peraonal Repcesentative(s)of the Decedent,the Petitioyner(s)will well and truty administer the estate accord'ng to law.
Sworn to or affirmed and subscribed before ��.1.d�l.vlht. ��,i.n� Dare � .�
me t ' "'' day of � , ` � �are
By Date
� FnrtheRegister Da[¢
BOND Required: � YES A NO To the Register of Wi[[s:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ � � Attorney Signature: �
( t ) Short Certificate(s). . . . . . � — � ��
( ) Renunciation(s).. . . . . . . . � �
( ) Codicil(s). . . . . . . . . . . . . ;�
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Benjamin J.Butler
Commissioa . . . . . . . . . . . . . . . Supreme Court
Other�I� � . . . . . . � ID Number: 81948
(1�1 y�y--�� � �� 15 — Firm Name: Butler Law Firm
��1"t fi�� Y L�I!_JJ'./7 . . . I 5 —' Address: 1007 Mumma Rnad_Suite 101
. . . . . . Lemoyne,PA 17043
�5�S�.c � Phone: 717236.1485
Automation Fee. . . . . . . . . . . . . . . .. �c�.,�v Fax: 717236.7777
JCS Fee. . . . . . . . . . . . . . . . . . . . . � Em3i1: I�ercQhntlerlawFrm rnm
TOTAL. . . . . . . . . . . . . . . . . . . . . $�
DECREE OF THE REGISTER
Estate of Gilbert N.Derick File No: ��3�O1 1�
a/k/a:
AND NOW, �w.�—� �S , �� 3 , in co�,ideration of the foregoing Petition,
satisfactory proof h�ng be resen[ed before me, IT IS DECREED that Lettgrs ��ih'1 NI�H'1'r Y
are hereby granted to �'1CYY��Y1Pl I�YIC.� �
in the above estate and(if applicable)that
the instrument(s) dated ��J �3
described in the Petition dmittec�to p obate and filed of record as the last Will(and odicil(s)) of Dec ent.
Register of Wi s �
Fo.m ew-o2 .e�. roi�uzon Page 2 of 2
� �� , ,
L �kST 1KILL �cND T � ST �EM � NT
0 �'
fiIL$ �EftT N. D £ $ 1CK
I, GILBERT N. DERICK, of Enola, Cumberland County, Pennsylvania, being.pf
sound and disposing mind, memory, and understanding, do hereby make, publish, and declare
this to be my Last Will and Testament and hereby revoke all other Wills and Codicils, if any,
that I have made.
FIRST: I give and devise all of my personal jewelry, guns, hunting and fishing
equipment to my grandson, CORY A. SALLADA, of Hazrisburg, Pennsylvania, so long as he
� shall survive me by thirry (30) days.
(� SECOND: I give, devise, and bequeath all the rest, residue, and remainder of my
fi Estate, of whatever nature and wherever situate, to my beloved wife, BLANCHE M.
DERICK, so long as she survives me by thirty (30) days.
� THIRD: Should my wife fail to survive me by thirty (30) days or should she for
any reason fail to take under this, my Last Will and Testament, then I give, devise, and
bequeath all the rest, residue, and remainder of my Estate, of whatever nature and wherever
situate, to my daughter, SHERRY LYNN SALLADA, of Harrisburg, Pennsylvania, so long as
she shall survive me by thirty (30) days.
FOURTH: Should my daughter fail to survive me by thirty (30) days, then I give,
devise, and bequeath all the rest, residue, and remainder of my Estate, of whatever nature and
wherever situate, to my grandson, CORY A. SALLADA, so long as he shall survive me by
thirty (30) days. Should my grandson fail to survive me by thirty (30) days, but be represented
by children then living, these children shall take,per stirpes, the share to which my grandson
would have been entitled if then living.
FIFTH: Should my grandson not have attained the age of twenty-five (25) years
at the tune of my death, I direct that my Estate as given to my grandson in part FOURTH of
this, my Last Will and Testament, be given to my Trustee, hereinafter named, in trust for the
following uses and purposes and upon the following terms:
A. The net income of the Trust shall be paid to and be applied for my
grandson's care, maintenance, education, or support at such times as my Trustee shall
determine in his absolute discretion. Should the income from this Trust be insufficient to
provide adequate maintenance, education, or support, my Trustee, in his sole discretion, may
invade the principal for this purpose.
B. In the administration of the Trust, the Trustee shall have the following
� powers, deemed to be supplementary to and not exclusive of, the general powers of trustees
pursuant to law and including all powers necessary to cazry the same into effect, all of which
shall be exercised in a fiduciary capacity:
� 1. To hold any or all of the Trust Estate in the form received.
2. To sell at public or private sale, to mortgage, pledge, or hypothecate
or to exchange or lease (inciuding lease for a period extending beyond the term of this Trust),
any stocks, notes, securities, real estate, minerals, and other trust property, upon such terms,
cash or credit, or both, as he may deem advisable.
3. To invest and reinvest the Trust Estate in investments limited to real
or personal property, minerals, royalties, and leaseholds.
4. To construct, add to, repair, or demolish (in whole or in pazt) any
unprovements upon any Trust property.
5. To participate in any reorganization, consolidation, merger, or
dissolution of any wrporation, the stocks, bonds, or other securities of which may be held at
any time as part of the Trust Estate and to receive and continue to hold any property which
may be allocated or distributed to it by reason of pazticipation in any such reorganization,
merger, or dissolution.
6. To make or hold investments or any pazt of the Trust Estate in
common or undivided interests with other persons, corporations, or trusts.
7. To demand, receive, receipt for, sue for, and collect any and all
_r, rights, money, properties, or claims, to which this Trust may be entiUed, and to compromise,
�� settle, azbitrate, or abandon any claun or demand in favor of or against this Trust.
� 8. To borrow funds for this Trust in such amounts and for such
� purposes as he shall deem for the best interest of this Trust and the beneficiary thereof, and to
purchase property on the credit of this Trust, and, in connection with such borrowing or such
� purchase, to execute and deliver promissory notes or other evidences of indebtedness of this
Trust and to mortgage or pledge all or any patt of the Trust Estate to secure payment of such
indebtedness, and to repay such indebtedness out of the Trust Estate.
9. To employ agents, legal counsel, brokers, and assistants, and to pay
their fees and expenses as he may deem necessary or advisable to carry out the provisions of
this Trust.
10. To vote in person or by proxy any shares of stock wluch may form
part of this Trust.
_,__. , .
11. To lend money to any person or persons upon such terms, but with
adequate interest and security, as he may deem advisable for the best interests of this Trust.
12. To elect, appoint, and remove directors of any corporation, the
stock of which shall constitute Trust properry, and to act as a director and officer of any such
corporation.
13. Generally, and without limitation by any specific enumeration
herein, to manage, control, operate, reconvert, invest, reinvest, sell, exchange, lease,
mortgage, pledge, pool, or otherwise encumber and deal with the property of this Trust, for
and in behalf of this Trust and the beneficiary thereof, to the same extent and with the same
powers that any individual would have in respect to lris own property and funds.
� 14. To act freely under all or any of the powers by this agreement given
, to the Trustee in all matters conceming this Trust, after forming his judgment based upon all
�
the circumstances of any particular situation as to the interest of this Trust and the beneficiary
hereunder, without the necessity of obtaining the consent or permission of any person
� interested therein, or the consent or approval of any court, and notwithstanding that he may
also be acdng individually, or as trustee of other hvsts, or as agent for other persons or
corporations interested in the same matters, or may be interested in connection with the same
matters as stockholder, director, or otherwise, provided, however, that he shall exercise such
powers at all times in a fiduciary capacity primarily in the interest of the beneficiary
hereunder.
15. To invest trust funds in interests in any common trust fund or funds
now or hereafter established and being administered by the Trustee solely for the investment of
trust funds.
. . .._. .. _. . __..___ . ......� -r_ ...
C. I specificaliy direct that my Trustee shall not be required to segregate the
shazes held in Trust in some sepazate accounts prior to the termination of any Trust creaked
hereunder. Should the Trust, in the sole opinion of my Trustee, be or become too smalll to '
warrant continuing such fund in trust, or should its administration be or become impracCical for
any other reason, my Trustee, in his sole discretion, may deposit the trust monies in a savings
I
account in a savings institution of the Trustee's choosing, payable to the beneficiazy at '
majority.
D. If the beneficiary of this trust is the beneficiary of any life insurance I�!I
policies, any pension plans, or other contracts, the proceeds of such policy, plan, or con�'tract �!
may be added to such trust at the sole discretion of my Trustee. Should my beneficiary be a I
minor at the time of my death, I d'uect that the proceeds of such policy, plan, or contract shall �
� be added to such trust and administered in accordance with the terms of the Trust as set 'forth �!
I
herein.
� E. This Trust shall temunate, and the Trustee shall pay the accumulated and II
undistributed principal and income then remaining in his hands at termination to my gramdson
when my grandson has attained the age of twenty-five (25) years. If my grandson dies prior to
attaining the age of twenty-five (25) yeazs, then the Trust shall terminate upon my grandson's '
death and shall be disuibuted in accordance with Paragraph FOURTH, as if no trust hadl been
created.
SIXTH: All interests of any beneficiary in the income or principal of this $state,
while undistributed and in the possession of my Executrix and Trustee, even though vestied and
distributable, shall not be subject to attachment, execution or sequestration for any debt,',
��
____ _ ___ . _ _ _ _ _
- _
_ .,_ __ _ _ _
conuact, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation. '
SEVENTH: Ali inheritance, estate, and succession taxes (including interest an� any
penalties thereon) payable by reason of my death shall be paid out of and be charged ge�erally
against the principal of my residuary estate without reimbursement from any person. I�
EIGHTH: In addition to all rights and powers conferred by law, I authorize �nd
empower my Executrix and Trustee and their successors, in their absolute discretion anc�
without necessiry of obtaining court approval:
A. To retain any of the investments composing the principal of this tr�st in
� the form in which the same shall have been delivered to the Trustee whether or not the e be
in the nature and type legal for the investment of trust funds under the laws of the
Q
Commonwealth of Pennsylvania, including the stock of any corporate fiduciary acting
�
hereunder.
B. To invest in all forms of property (including, but not by way of
� limitation, real estate, all types of stocks and bonds, and participations in common trust nds),
without being confined to investments prescribed by statute.
C. To buy investments at a gremium or discount.
D. To hold properry unregistered or in the name of a nominee. I
E. To give proxies, both ministerial and discretionary.
F. To compromise claims.
G. To join any merger, consolidation, reorganization, voting trust
plan, or any other concerted action of securiry holders and to delegate discretionary duti�s with
I
respectthereto.
_ _ _ . _ �
H. To lend to, and buy from, my estate. ',
j
I. To borrow and to pledge real and personal property as security therefor. �
J. To sell at public or private sale for cash or credit or partly for eac , to
exchange, or to lease for any period of time, any real or personal property, and to give ptions
for sales, exchanges, or leases. ',
K. To allocate any property received or chazge incurred to principal r
income or partly to each, without being obliged to apply the usual rules of trust account�ng.
L. To exercise any option permitted by law which they believe to be
advantageous from the viewpoint of overall tax reductions, including, without lunitation of the
� foregoing, power and authority to claim administration or other expenses either as inco e tas
� deductrons or mhentance or estate ta�c deducrions, wrthout regard to whether they were aid
� from principal or income and without requiring adjustments between principal and inco e for
any resulting effect on income or estate ta�ces, and a deduction of such expenses for inc e tax
purposes shall be given effect in computing the respective shares of all persons intereste in
� my estate or the trusts set forth herein, even though the effect is to increase the share of one
beneficiary or class of beneficiaries hereunder at the expense of another; and to make su h
adjustments, if any, between beneficiaries with respect thereto as they deem appropriatelin
view of the nature of the transaction and the amounts involved. ,
M. When permitted under the Internal Revenue laws of the United S tes, or
of any state, to join with my spouse in filing a joint income talc return without requiring my
spouse to indemnify my estate against liability for the tax amibutable to my spouse's in ome,
and to consent to any gifts made by my spouse during my lifetime being treated as havi�g been
made one-half by me for the purpose of federal laws relating to gift tax. II
___ _ . _ _ ___
,_ __ _
N. To distribute in cash or in kind or partly in each.
�
The powers granted hereunder shall be exercisable with respect to all real and pe�sonal '
property, including, but not lunited to, income and principal held for minors or disable
beneficiaries at any time held by the Trustee and shall continue in full force, even after e
termination of any trust hereunder, until the actual distribution of all property. All pow rs,
authorities and discretion granted here shall be in addition to those granted by law and s all be
exercisable without leave of court. However, nothing herein shall be interpreted or con trued
to encourage, authorize, empower, or permit the Trustee or Executrix to act or cause an one
to act in a manner contrary to or inconsistent with accepted standards of portfolio
diversification and risk management.
, NINTH: I nominate, constitute, and appoint the following persons:
�
� A. My wife, BLANCHE M. DERICK, as Execuuix of this, my Last Will
and Testament. In the event of the renunciation, death, resignation, or inability of my ife to
act for whatever reason in this capacity, then I nominate, constitute, and appoint my da ghter,
� SHERRY LYNN SALLADA, as Executrix of this, my Last Will and Testament.
B. My son-in-law, DONALD SALLADA, of Harrisburg, Pennsylv 'a as
Trustee of the Trust described herein. In the event of the renunciation, death, resignati n or
inability of my son-in-law to act for whatever reason in this capacity, then I nominate,
constitute, and appoint my nephew, BARRY DERICK, of Enola, Pennsylvania as Trust e.
I direct that no representative named above shall be required to post security for e
faithful performance of his/her duties in any jurisdiction insofaz as I am able by law to r lieve
him/her of such obligation. Any of my representatives shall be entitled to reasonable
compensation for the performance of the duties set forth herein.
_ _ . _ T
'
, i
I
IN WITNESS WHEREOF, I have hereunto set my hand and seal this �day �f I
�7„u„� , 2001, on this, the ninth of nine typewritten pages. I have also signed e
left-hand margin of the first eight of these pages for purposes of identification only.
� � � �'�
GILBERT N. DERICK
SIGNED, PUBLISHED, and DECLARED by the Testator, GILBERT N. DERI K as
his Last Will and Testament, in the presence of us, who at his request, in his presence, d in
the presence of each other, have hereunto subscribed our names as witnesses.
1�Qw�.. �r.oJnw- � '�J �lr..
� ►�-a�
���'7c��.L�_��r�t� .rvl� .L
c� U5�`�
r
I
. . . , j II
ACKNOWLEDGMENT '
Commonwealth of Pennsylvania
County of Cumberland
I, GILBERT N. DERICK, Testator, whose name is signed to the attached instru ent,
having been duly qualified according to law, do hereby acknowledge that I signed and e ecuted
the instrument as my Last Will and Testament; that I signed it willingly; and that I sign it as
my free and voluntary act for the purposes therein expressed.
ILBERT N. DERICK
Sworn or affirmed to and subscribed before me by GILBERT N. DERICK, the
Testator, this ��h day of� , 2001.
Notary Publ
i�erid sed
M.�ap�r.NoWY PubliC
cem�" ►�eoro.cumoe�a c«�
Iu�r�pt�i�On F�Ires oct.2�,
Menber.PBtxNyNaM9 AasoClelbn d NotaAes
T � _ _ _
�
. , .
�
'�
AFFIDAVIT I
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and Rhcr�0. 1�. F�1,�� , the witnesses whos names
are signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testator sign and execute the instrument
as his Last Will and Testament; that he executed it as his free and voluntary act for the
purposes therein expressed; that each of us in the hearing and sight of the Testator sign the
Will as witnesses; and that, to the best of our knowledge, the Testator was at that time 8
years of age or older, of sound mind, and under no constraint or undue influence.
�
4Q.�.R, 1C.�J.M-��
Swom or affirmed to and subscribed before me by and
�hphdp��l .��,�,� , witnesses, this �a� day of .�U.l�� , 2001.
Notary Pubi
rio�e�sem
A,�y M.Laper.NderY PuWic�y
C�11ql�Boro,Cunbedend Co�003
My�r�i�On Expkes Oct.27,2
�paryipyNeMe Associetion of NMa�ies