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HomeMy WebLinkAbout08-14-13 Resat PETITION�(?R GRANT OF LETTERS REGISTER OF WILLS OF CUMBRRLAND COtINTY,PENNSYLVANIA Patitionet(s} named belaw, who istare 18 yea�s af age ar older, apjriy(ies) for Lettcrs as sps�ified below, and in suppart thereof aver(s}the fpllowing and r�pectfully s�quest(s}the grant of I.ettera 3n the apprapriatc form: Decedent's Informrttlon `� �p�q�- Name: Fcancis Kost Richwine File No: �"�1��� ' lk3 OJ a/k/a: Francis K.Richwine (Aasigesd by Re�Iefer} a/k/a: a/kla: Sociai Secutity No: Date of 1)eath: Auaust�,2013 Age st dtat�:94 Decedent was domiclled at death in Cumberland County,r�,mqyiver,cA (smre}with his/tier last principel residence at 1213 Sustfoid�7rihive.Caziiale Pennsvlvania 170,�3 StreN�ddrow.Rat 0111te aW 7dp{;:ode Cky,Towaa�lp ar Herea� � Caea°t}' DecedeIIt died at Carlislq ReQional Medicai Center.361 Ale�nder_$�gg Raed. ' le.P� 17015 saect.ae.m,eaR amce.sa ztp coae e7ty,Towmeip ar aoroas6 ..coaNy &are Estimste af value af deceden4s pmperty st deeth: IJdcskd�ed in Pewnaybaufa............................ A13 pmrooai property S 34.900.510 {J'uof doar�Clted ia R�ia. ....................... Pasamat groperty in Pannsylvania S Ifwatdawrk�!lelGYee�le. ....................... PeraonalpmpertyinCouniy $ Valwe ojrad esraa in PenasyJwnGt......................................................... S �i S.tifMl.iNt TOTAL E$Tt1HATED YALUE.... S 245.0OO.OlT tteat asmte in Pe�wsylvania situeted at: 1213 Shatfad ikive�,Carlis�PA 170t3 (AttachaddTfiaretsheets�ifnecessary.) Strset�ddre+yPatOP6nuAZ,�CaAe CNY.TsWmY�x�np8k CorelY Q� A. Petldqa for Probate�ad Graot of LeEtsrs Te#ame� Petik�a{s)ave�(s3 hdsheRhey is�are the Exautor{s)nemed'm the leet Wil]of the Dacedan4 detal June 13,2000 m�d C«/icil(a) thereW deted Iune 30.2009 Srice rekvsM dreamUeces(a;.++anu�cl�ob.enA►ajareierror,uol F.�cceptasfoltoxre:at6art6eercecutioaoftheinsaumant(s)oiTeredforprobaoeDecodentdidnamurty,wnsnotdivacal,wasaotapaiiymapending diw�ce proceeding wheroin tUe grounds for divac�c had bcea eatabiished as de6ned ia 23 Pa.C.S.¢3323{gb md did�t�re a child han or adoPted:md 3)ecedeot was neitlier Uu vietim of a killing aor ever afjudiceded mi incapacitatod.person. Q NO SXCEMRpPiS �,}EXCEPT[ONS [,� B. Peiitloa for Grant of I.ettera af A,dm3qietrstlon pfappucebte) c.t.a.,d.b.n.,d.b.n,c.ta.,pen�nte lite,dumnM absentia,dumnte mtnoritate If Admiatstratba,at�or db.n.cta,erter date of WlU in Secdon A sbove aod comukh llet of heirs. Exceprt aa folbws: Decedeat waa nnt a perty ta a pending divozc�c pnaaeding x�herein du�wmde for divaace had ban esmbliahsd as defined in 23 Pa.C.S.§3323{g}end was aeither the victim of a ldqing nor ever ad,judicatai an incepaciteted�ecson. Q tY0 EXC6PR()N3 (�EXCEPTiONS PeNtio�{s),afterapaoperecerchhasPoaveasc�teinedtlsatDeceda�tieRnoWitfa�twss�arvivedbytl�fullS'im�pouse(it`�tY) cnnch da { nddt6awt.sbeeta.ffnecessmY); � :.n ... ' � o a� -¢', ` c, ,n �:s Name RebHoaehl Ad � F—" �: s�� y� � - . � , , c:> c� � �v> � � � .. -n , ..,, ca ti- -: c, � _� �) �....,., TJ y_a t� O Fo�„xr�oa .�.la��nn�r Pagc 1 of2 � � f3ath of Personal RepresentAtive o r�,�u�� COMMONWEALTH OF PENNSYLVANIA } � ss: C4UNTY GF ���-�ND J Petitioaei{s)Pcimed Nacne Petiti� a}Printed Address Geo A4ichsel Richwine 2224 W.17sh S Wiimin DE 19806 The Peq6onsr(s)sbove-named ewee[(s)or at6mQs)the sta ta'r the etition are mie and comecc m the best of ihe Imowled�and betief of Petitiane�(s)and tfis+,as Personal ltepresenmtive(s}a k the " er(aj wi3 a�el3 s�tmly administer thc estate to taw. SW87II W bi'S�LII7Cd SIId SBjJ$OfiI7C�I�IOI'C ~�— DAte ���� me T�da of � 4 —��nec� F3p: .L,__.� � r uee Regts Date BOND Required: Q YES (� NO To rbe Regisxer ajWUls: j'i�i�i$; Pkau eater my appearaace bp mp siqaatare�etsw: Letters. . .. . . .. . .. .. . . . . ... .. S^==� Attorney 3ignamrc: { 1 Q }Short Certificau(s}...... ( )Rcnuncietion(s).. . . . . . . . –^ _:-; � ( f }Coaicii{s). . ..... ...... �_ c'7 �;_; '� E-n ( )Affidavit(s)., . . . . .. . . .. ' ,� o ,..., „> � __. -.n �.:::. ._.. _. Bund..... ................... -�— Pristed Name: c,a =�., _-; ,,s :a' Commisai0n. . . . .. . . . .. . . .. . . . "' Saprcme Court � . r.:.:. F_, r::,4 v.r� Other � } ........ � ID flambcr. r ° < ° —� :.� `:� �-p-� - ....... �,,,y•-- M_ <.n - . c:: s.� .. .. �L U= ' Firm Nsme: � r . � r' -'� Addreas: ' � -= W'� . .. . .. .. �` :.� rv ........ ...� - h,, u� ...... Phone: Automarion Fee. . .. . . . . . . . .. .. Fax: JCS Fee. . . .... ... .. ......... Emaii: TOTAL. . ... . .. . . . .. . . . . . .. . S � DECREE (?F TSE REGI3TER Estade of Fraacrs�t ttichwine Fjie xo: o�}— o'�C31.3 - O�'� slltla:F�ancis K.I��hwine AND NOW, �� �,leR� �"7" , c���l� .in cansicieratioa of the foregaing Petitian, satisfactory proof 6a 'vu�gvu�g 1 n presented before me,1T IS DECREED that Letters T�e tementsrv are heteby granted to GeorAe Michaei Riehwiae in t�e above estate and{if applicable)that the ntshvment(s)dated Ju� 13 2000 and June 3Q 20Q9 desoribed in the Petitian be admitted to pmbate and fiSed of record as the 1 t WiU{a�S Codicil( of Decedent egister of Wills �o.w�xw-oz .N.�amzoJr Page 2 of 2'`` U` ' �� IiC.L�l�lii..J ~�t"��LL �F �F�.''. �.i�! ..i; JF 1`£l�.1_J 'u;3 �iUu 1`i ��,A,�'�8WILL & TESTAMENT OF , : ,_; ,.; ,,,F AN I KO T i HWIN o-.,:;�,,ds' c���i cu�e�R�artra cc., r� I, Francis Kost Richwine, domiciled in the Borough of Carlisle, Cumberland County, Pennsylvania, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and wdicils heretofore made by me. My spouse is Dorothy Johnson Richwine. My children are George Michael Richwine, John Christopher Richwine, Joan Elizabeth Richwine, and Donald Karl Richwine. I intentionally make no gift to my children in this Will if my spouse survives me. �, T N IB . P . . ON i.PROP .RTY I give my personal effects,jewelry, collections, household furnishings and equipment, automobiles and other nonbusiness tangible personal property described with reasonable certainty in a separate, dated writing in existence at the time of my death and signed by me, to those persons designated in such sepazate writing who survive me. To the extent such property is not effectively disposed of by such separate writing, or in the event my Personal Representatives detercnine that no such separate writing exists, I give such property to my spouse. If my spouse does not survive me, I give such property to my children who survive me and to my lineal descendants,per stirpes, of any of my children who do not survive me, divided among them as they agree or, if they are unable to agree for any reason, including disability, divided among them by my Personal Representatives in as nearly equal shazes as practical, even if one of them is serving as a Personal Representative hereunder. Any determination or division of property made or other action taken by my Personal Representatives under this I1'EM shall be conclusive upon all persons interested in my estate. If neither my spouse nor any child of mine survives me, such property shall pass with the residue of my estate. I request(but do not require) that the persons receiving this property redistribute it in accordance with any separate writing I may address to them regarding this matter. LTEllljj. BESIDENCES I give to my spouse my entire interest in any teal property, condominium, cooperative apartment, or similar housing unit, used by us as a permanent or seasonal residence, subject to any mortgage or othet lien. If my spouse does no[ survive me, such interests shall pass with the residue of my estate. ��ti ITEM III• RFSIDUE OF MY ESTATE 1. I give my spouse my entire interest in any ELFUN Funds and any G.E. S&S Program Funds which I possess. If my spouse does not survive me, I direct that such funds be liquidated and the proceeds thereof be added to the residue of my estate. 2. I give all the residue of my estate to the Trustees then acting under my existing revocable Trust Agreement dated today,which Trustees shall serve without bond. The residue shall be added to and become a part of the Trust assets and shall be held under the provisions of my Trust Agreement in effect at my death, or if this is not permitted by applicable law, under the provisions of my Trust Agreement now in effect. If necessary to give effect to this gift,but not otherwise, the provisions of my Trust Agreement now in effect aze inwrporated herein by reference. I do not by this Item exercise any powers of appointment. ITEM IV. PERSON I.�P F.4 .NTATIV . 1. A,pRointment and Bond. I nominate my spouse Dorothy Johnson Richwine, my son John Christopher Richwine, my daughter Joan Elizabeth Richwine, my son Donald Karl Richwine, and my son George Michael Richwine, singly and successively in that order, as my Personal Representatives. These nominees, acting successively in the order named, may nominate substitute, successor, additional, or ancillary personal representatives to serve with them or in their place and I request that the court having jurisdiction over my estate (or any pazt thereo� appoint such nominees. Each Personal Representative named above or so nominated shall serve without bond and shall have all of the powers, privileges and immunities granted to my Personal Representatives by this Will or by law. 2. Comnensation. I request that my Personal Representatives shall serve without wmpensation, but shall be entitled to reimbursement for any expenses. 3. Powers of Personal RepresentAtivec_. In addition to all powers authorized by law, my Personal Representatives shall have the following powers: a. Investments. To sell or exchange at public or private sale and on credit or otherwise, and to lease for any term or perpetually, any property at any time held hereunder; to grant and exercise options to buy or sell; to invest and reinvest in real or personal property of every kind and description, including common, mutual, pooled or other commingled trust funds maintained by a Personal Representative or a trustee; and to retain as a proper investment any such property whether originally a part of my estate or subsequently acquired, including securities of a Personal Representative or a trustee, its parent or other affiliates of its pazent issued in their corporate capacity; all without limitation by any statutes or judicial decisions, whenever enacted or announced, -Z- � regulating investments or requiring diversification of investments. b. Votine• To vote or to give proxies,with power of substitution, to vote stock, bonds or other securities. c. �p� To make loans,with or without interest, to my Trustees under my Trust Agreement, or to or for any current income beneficiary of any Trust thereunder; to borrow money,with or without interest, from themselves or others for the benefit of my estate and to give mortgages or other security or margin account interests in the property of my es[ate. d. laimc. To arbitrate, defend, enforce, release, compromise or settle any claim of or against my estate. e. Divisions or Distributions, To make divisions or distributions in cash or in kind; to marshal assets among and distribute dissimilaz assets to different trusts or shares (without regazd to tax basis), to preserve any generation-skipping transfer tax exemption, to obtain any other tas benefit or for any other purpose my Personal Representatives deem proper; and to make any distribution to any beneflciary who is under 21 or who is disabled directly to such beneficiary, to his or her legal representative, to any person responsible for or assuming his or her care, or to an adult person or an eligible bank(including my Personal Representatives) selected by my Personal Representatives as custodian for such beneficiary under any applicable gifts or transfers act. Property divided or distributed in kind shall be valued at then net fair market value. My Personal Representatives may pay from my estate as an expense of administration any packing, storage, shipping and insurance costs incurred in connection with any distributions provided hereunder, and shall not be responsible for loss of, damage to, or depreciation in value of, any property so stored or shipped. f. 1>is rib � ion Trnct B nefi iarvr, To distribute directly to any beneficiary who is then entitled to distribution under my Trust Agteement. g. Eiections• To file joint income tax retums and split gifts for gift tax purposes with my spouse, to select the valuation date for death tax purposes and to use administration and medical expenses as income tax deductions or estate tax deductions, to elect the mazital deduction for property as qualified terminable interest property ("QTIP"), to allocate the "GST exemption" (as defined for purposes of the federal generation-skipping transfer tax) [o different trusts, direct transfers, or parts thereof, to make a "reverse QTIP" election under Intemal Revenue Code § 2652(a)(3)or its current counterpart, to disclaim powers hereunder and any power, interest, right or property to which I may be entitled, and to make other elections and allocations, all at their discretion -3- � and wikhout adjustment of income and princigai accaunts or other interests ut my estate; provided in making such elections, allocations and disclairners, my Personai Representatives shall act primarilp in the best interest of my spouse. h. AgentS. To employ and pay reasanable compensatian to agents, accountants, investment counsel and attorneys. My Personal Representatives may follow the advice of such eaperts withaut liabiliYy if my Persanal itepresentatives used reasonable caze in selecting such experts. i. Custadian Account To employ and pay reasonable e.�mpensation to a bank, trust company or brokerage firm as custodian; to place any property in its custody, and in its name ar the name of its nominee; and ta appoint such custodian as agent fo receive, receipt far and disburse both income and principal. Such custodian shall not be liable for any action taken or not taken at the direction of my Personal Representatives. My Persanal Regresentatives shall not be liahie for any wrongful act of sueh custodian if my Personal Rapresentatives used reasonable care in selecking such custodian. j. Rps� ��*�.tP- To raceive all rents or other amounts due from any rental az any other real estate intarest ownad by rne at my death or thereafter acquired, including any personal praperty used in conjunction therewikh, [o enter into, maintain, repair, imprave,manage and operata all such gzoperty; to effect and maintain insnrance thereon; to pay all ta�ces and assessments thereon; to extend, renew, replace, increasa ar pay aff any martgage ar mortgages affecting such property; to abandon such property; to adjust boundaries; ta grant easements; to partitian; to enter into parYy-wall contracts; ta insare ar perfect title; to demolish or erect buildings thereon; to make, extend, renew or modify any lease, for any term or perpetually; and to do all other things necessazy or proper in the managemant and operation of such property. k. �ortgases. Ta receive all payments of interest,grincipal,penalties or fees due fram any mortgages ar other secured debts owed ta me at the time of my death; to release, settla, extend, renew, modify or sell any such secured debt, to prepare, execute and recard appropriate documantation pertaining to such debt, and to do ali ather things necessary or proper in the management of such debt. L Environmental yds. To conduct environmental assessments, audiYs, and site monitoring(both as to Estate property and prospective Estate progerty}to determine compliance with any environmental law or regulation thereunder, to take all appropriate remedial action to contain,c2ean up or remove any envirpnmentaI hazard including a spill, reTease, discharge or contaminatian, either on its awn accard or in response to an actual or threatened violatiott of any environmental law or regulation thereundar; to institute IegaI groceadings conceming environmental hazazds or c:antest ar -4- � . settle legal graceedings brought by any Iacal, state, or federal agency concemed with environmental compiiance, or by a private litigant; and to comply with any lacai, state or federal agency order or court ordar directing an assessment, abatement or cleanup of any enviTanmental hazards. ttny e�cpenses incurred by the Persana2 Representatives under this sabparagraph may be charged against inwme or principal as the Personal Representatives shall determine. My Personal Representatives may exercise their powers and make disclaimers withaut conrt authorization or approval. No one dealing with rny Personai Representatives need inquire into their autharity or their application of property. 4. Death Costs. My Pers�nal Representatives shall pay fram tAe residne of my estate (a}my debts which are allowed as claims against my estate, (b}my funeral eicpenses without regard to legal limitations, (c) the expenses of administering my estate, and (d) the estate, inheritance and other death taxes (except generatian-skipping transfer taxes}, including all interesi and penalties thereon, due because of my death with respect to praperky passing under this Will and any codicil. All such death taxes on property not passing under this Will or any codicil shali be equitably agportianad and gaid fram ar recovere8 fram the property to which such tax applies, as pravided by applicable law, ailowing the disposition to which a deduction, exemption, exclusion, or credit applies the full benefit thereof. My Personal Representatives shall be reimbursed frorn the assets held under my Trust Agreement for sach part ar aTl af the death costs payable by my Personal Representatives as my Persona] Representatives direct, and they shall diract such reimbursernent at least to the extent necessary to avoid reduction by such death casts af any pre-residnary gifts made in this Wili and in any codicil. My Personal Representativa also shall be reirnbursed from property over which I have a power of appointment for the increase in such death taxes caused thereby, and to that extent only I exercise such power and appoint to my estate fram such property the amaunt of such increase. 5. �efinitions. A beneficiary is not deamed ta survive me untess such beneficiary survives me by five days. The term "disabled" shall ba sqnonymous with "incapacitated" and includes not only the degree of disability which the law requires far the appaintment of a guardian, but a2sa the inabiiity to giva prompt and inteiligent considaration ta financial matters. My PersonaI Representatives shall determine whether a beneficiary is disabled,provided, the deterrnination that an adult beneficiary is disabled shall be supported by the written certification of two physicians. My Personal Representatives are the Executors,Administrators,Ancillary Administrators, or the Personal Representatives af my estate, however titled. 6. Deating with Es#ate. Each Personal Representative may act under this Will aven if interesied in my estate in an individual capacity, as a fiduciary af another estate or trust (including any trust identified in this Will) or in any other capacity. Each Personal Representative may in gaod faith buy fram, sell ta,lend funds ta or otherwise deal with my -5- � _ . _ estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my L�a,t Will and Testament, consisting of six pages, each of which beazs my initials,this /3�-- day of e�e�.v�-- , 2000. �a.wc�o J���� �sEa�.> v Francis Kost Richwine, Testator Signed, sealed, published, and declazed by the above-named Testator, Francis Kost Richwine, as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. � � � <' ��"c-2 _ n . % A KNOW . .D .NT COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) I, Francis Kost Richwine, 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 my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by Francis Kost Richwine,the -6- � Testator,this /3T ay of eT�^�E , 2000. � l� Testator, Francis Kost Richwine .�='es+��•� � � Notary Public AFFIDAVIT "oT�� eowMO�st�ioirv.Morowr nuei.�c CMLJ�Lt ld10,CINNPLAND COUNTV.PA COMMONWEALTH OF PENNSYLVANIA ) '"fO0A�0NO0��'""�fi"�10°` . SS. COUNTY OF CUMBERLAND ) We cTi4�✓icE�Sirfid4�3° , tTi9L�c �-�'i�' , andS6r�ssrn,iE V.B,f+�.�f ,the witnesses whose names aze signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instnunent as his Last Will; that Francis Kost Richwine signed willingly and that he executed it as his free and voluntazy act for the purpose therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more yeazs of age, of sound mind, and under no constraint or undue influence. Sworn or affirmed and subscribed to before me by .�i�/iG._�F�'.4/Q�P�� , �.�'s,E��GF , and EiP�"sr�n�' r/. B f�'irF , wimesses, this /,�day of ���� , 2000. O/ (SEAL) W ess �— (SEAL) Wi s (SEAL) Witness (SEAL) Notary Pubiic t+or�wu.s�x " ED�NIADI.BCIIOOh.1�T��PA�, :. . �COIMN�iION�'RI11E 11.90W ,. i � � , �s� ,,,�, N :- , �:� �F CODICIL TO THE ,,k.�, ,, ,�� .; L�ST WILL & TESTAMENT OF ', � �`� ,,� �� �,RANCIS KOST RICHWINE I, F1it!`N+R�KOST RICHWINE, of the Borough of Carlisle,Cumberland County, Pennsy��Ql(c�h��l�yitrTiake, publish and declare this to be the one (1) Codicil to rny Will datecj"����i��4� ;c)., °`� ITEM I. I hereby revoke Paragraph 1 of Itern III c�f my Last Will& '1'estament dated June 13, 2000. ITEM II. i hereby amend Paragraph 1, Item IV of my Last Wi11 &Testament dated June 13,2040 to pravide in its entirety as follows: l. Annointment and Bond. I nominate my son,George Miehael Richwine, my son, John Christopher Richwine, nny daughter, Joan Elizabeth Richwine,and my son Donald Karl Richwine, singly and successively in that order, as my Persanal Representatives. These naminees, acting snecessively in the order named, may nominate substitate, successor, additionat, or ancillary, personal representatives to serve with them or in their place and I request that the eaurt having jarisdiotion over my estate (ar any part thereof}appoint such nominees. Eaoh Personal Representative named above or so nominated shall serve without bond and shall have all of the powers, privileges and immunities granted ta my Personal Representatives by this Will or by law. TTEM III. In all ather respects, I do hereby ratify and confirrn rny Last Will&Testament dated June 13,2064. IN WITNESS WHEREOF, I hereunto set rny hand and seal to this rny one Codicil to my Last Will&Testament this 3Q`h af 3une, 2004. L7�"7�i~`���`c!y�,�t,(SEAL) Francis Kost Richwine Signed, sealed,published and declared by FRANCIS KOST RICHWINE,the Testator abave amed as and far his one Codicil ta his Last Will&Testament dated June 13, 2044,in aur resence, who, in his presence, at his request, and in ttte presence of each other,have hereunto ubscribed our names as attesting witnesses. � ��� I . . . . � COMMONWEALTH OF PENNSYLVANIA} : SS. COUNTY OF CUMBERLAND ) We,FRANCIS KOST RICHWINE, KEITH (J. BRENNEMAN, ESQUIRE and SAATDRA K. SH{7WERS,the Testator and the witnesses, respectively,whose names are signed ta the attached or faregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instnunent as his one Codicil to his Last Will &Testament dated June 13,2004 and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each af the witnesses, in the presence and hearing pf the Testator, si�ned the Codicil as witness and that to the best af his or her knawledge the Testator was at that time eighteen yeazs of age or older, of spund mind and under no constraint or undue influence. ��C�4 � LCl✓J/��Cik.�-.: Testator �l� ���, — witness ���.K�� w�mess Subscribed, swom to and acknowledged before me by PRANCIS KOST RICHWTNE, Testator, and subscribed and sworn to bafare me by KETTH{}. BRENNEMAN,ESQUIRE and SANDRA K. SHOWERS, witnesses, this 30`�' day of June, 2009. .���f ,,,�•'� —' Notazy Public