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HomeMy WebLinkAbout08-02-13 Reset PETITION FQR GItANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner{s} named betow, who islare t8 years of age or older, apply{ias} for Lettars as speeified bclow, and in support thereof aver(s) the follawing and respectfully request(s)the grant of Letters in the appropriate form: IlecedenNs Information ��/J���� Na1ne: Vivian L.Erickson Fil¢No: a/k/a: (Assigned by Register) a!k/a; atkla: Socia] Security No: Date of Death: July 7,2013 , , Age at death: 81 Deeedent was domfciled at death in Cumberiand County, penn5Y3vantA (Scare}with hislher last principal CBSidence 9t 616 Bosler Avenue, emovne.�}orouah of Lemome.Cumbedand CounM,Pennsvtvania 1704�} Street addrcss,Pott Oftice and Zip Code Clty,TqwmM1ip or Borough County Deoedent died at 6t 6 Hosler Avenue.Lemovne.Boroueh of Lgmovne.Cumbarland Countv.Pannsvtvania i'7443 Strect cddrese,Paak Office ond ZSp Cade City.Townahtp ar Borough County Smte Estimate of value of deeedanYs property at death: lJdamtci(ed In Pennsylvunia...... . ..... . . . ...... . ...... All personal praperty $ 30,000.00 Ijnot domietle6 rn PtxnsyPoenfa. ....................... Petsonat property in Prnneytvania $ � tf not dnrnictted in Pennsqtvaxia. ....................... Personal pro�eriy in County S 0(i(} Va[ue af rea!esfate in Pennsylvania...... .. ....... .. ..... . ......... . . ..... . .... . . .. .... . . . . . $ 0 O(1 TOTAL E5TIMATED VALUE. . . . $ 30.Q00.00 Real estate in Pennsylvania situated at: nia fAttqch addirional sheets,ijnecessary.) Street addreaf,Poet Oflies tnd Zip Cade Clty,Towmh�p or HorouRM1 County � A. Petition far Probate and Grant of Letters Testameutarv Petirionar{s}aver{s)heJshatthey inllare the Ezocutor(s}namtd in the isst W ilt of tho Decedent,dated Clckober 22,2Q02 and Codisi((s} thereto dated n/a Shte reitrant ctreanutaaces{dg,rarunclufow,dwh of urcutor,eu.} Exceptaefollows: aftertheexecutionofthainstrument(s)offeredforprobateDecedentdidnatmarry,waenotdivorcad,wasnotapartytoapending divorce proceeding whaein tha grounds for divorce hed been establiahed as dafined in 23 Pe.C.S. §3323(g),and did not hava a child bom or adoptsd;and Decedent was neither the vicrim nf a kiliing nor ever adjudicated en incapacitated person. +{�NO EXCEPTtONS {,}EXCEPTION5 ° � m ❑ B. Pedtiun for Grant of Letters of Adminiatratiun (irappticable) '� "' m e.t.a.,d.b.n.,d.b.n.c.t.a.,persdente tite, � absenti�dura d�orft¢ie O! -p C!� It Administrallon,c.aa or db.n.c.Aa.,enter date of Will in SecNon A above and co�bhrte t a�eiws R ° � Except as foliows: Decedent was not a pariy to a pending divorce proceeding wherein the grounds for div�e�iic�yen�iA�lish�as�¢fined in 23 Pa.C.S.§3323(g}and wss neither thc victim af a kilting nar ever adjudicated an incapaoitated person2 - T � -;� � � . Q NO EXCEPTIONS Q EXCEPTIpN3 � r �� � -".!'�: y Peritioners ,aRera ro rsearchhasPoaveasctrtainedthatBecedentleRnaWitiandwassurvivedb thefollo�tn�ouse �f~ an �� i ttaeh . O P Pe Y 8Xl C 9u�Y? ��f T addiiionat sheets.if necessary): � � � U= � Name Relationshi Addrees Fn.mxw-oz .e�.iarrtizorr Page 1 af2 �._..___ I Oath of Personal Representative o�o�ei use o�iy COMMdNWEAL7F3flF?ENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printcd Nema Petitioner(s}Printed Address Carl Eu ene Erickson Jr. 105 Laure]Drive Enola PA 17025 The Petiaoner(s)above-named swear(e)or affirtn(x)the stataments in the faregoing Petition are true and cortact to the best of the knowledge and balief of Petitionet(s)and that,as Personal Representetivo{s}of the Decedent,the Petitioner(s}will weil and truty sdminisker ffie estate aceording to taw. Swom r ffirmed subscri ed bp,fy�5e� ��(—�,/�,/�c^/113Q .�l�.�e.�� �.l Date ��13 rna th' da o � r/ Date y: Date tAe Regi r Date � w 7� 7�s'1 F10ND Required; {� YES Q N6 To the Reglster ajN'ttts: C m n O ,.--�i. � O �'EES: � Piease enter my appearnnce by n igqntare bA4w: � 7n Getters . . . . . . . .. .. .. . . . .. .. $_-�-'�''7 .v Attorney Signature: �3 q V'"" �:.�� �-�y" t��56art Certificate{s}... . .. � � � � � /� :c. �:� ( ) Renunciation(s).. . . . . . . . / D � 'x` � o --n � ac, �:.> ,: �-"- ( ) Codicil(s). . . . . . . . . . . . . L/° � .'. .. � .:. { }A£fidavit{s}.. . . . . . . . . . . � C:: t'' E–' i`rt Bond.. . . . . . . . . . . . . ... . . . . . . . Pr[nte Nnme: Craig A.Hatch,Esq.,C�.A ~ �� p i—�–�-- O hemissipn. . . . . . . . . . . . . . . . . . � Sup me Court � �p _ �.�i� . . .. . . . . IA umber: 76361 . . . . . Firm Name: Gates,Halbrunar,Hatch&Guise,P.C. . . . . , . , . Address: 101'{Mumma Rd Ste. 100 . .. .. . . . � i.emnyne_PA j9Std3 . . . . . . . . . . . Pho�e: 717-731-9600 Automatipn Fee. . . .. .. . . . . . . . . � Fax: 717-�} -4627 JCS Fee. . . .. .. . . . . . . . . . .. .. . ���„ Emait: C.Har f.atact.awFirm.enm TOTAL. . . . . . . . . . . . . . . . . . . . . $ D�9t1�,,, ��'ECR E OF TI�E REGISTER Estate of Vivian L.Srickson File No: (�L1�;L:! " � � atkla: A AND PTOW, � ]I110.��!t� � �L� ,in consideration of the foregoing Petit'ron, satisfactory proof having bee prasented before me,IT IS IiECREED that Letters Tesramentarv are horeby grantod to Car18u¢ene Eriakson,,tr. in the above estaCe and(if applicable)that the instrumant{s)dated October 22 2442 dcscribed in the Petition be admitted to probate and 61ed of record as t6e last ill{and Cod' i s)}of Decedent. gister af Wiils 1 � � Fa„�ew-oz .�v. �oavzni� Page 2 af 2 . . r l�- ��3�i LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON � �; " c o �,_; � m m �, I, VIVIAN L. ERICKSON, now of 616 Bosler Avenue, Lemoyne, �berlan�oU$t}r,� Pennsylvania, 17043-1816, do publish and declaze this to be my Last Will an� �''�nenY he� revoking all other prior wills and codicils made by me. > G� � rv ��", ^�,' `; ' '� c> o FIRST: Family Background and Appointment of Executor. , <� �' � �_' -�'*, : c �� �:� n r� _� �-- Y' m (A) Family and Background Information. I am married to C.EI�ENE ERd�'KSb1Ah The children of our marriage aze CARL EUGENE ERICKSON, JR., DARLENE I�COT�; VERA L. GILLIS, JEFFREY S. ERICKSON, BRADLEY S. ERICKSON, RODNEY T. ERICKSON and STANLEY C.ERICKSON. Throughout this Will,C.EUGENE ERICKSON ' will be referred to as "my husband" or "my spouse" and CARL EUGENE ERICKSON, JR., DARLENE Y. SCOTT, VERA L. GILLIS, JEFFREY S. ERICKSON, BRADLEY S. ERICKSON, RODNEY T. ERICKSON and STANLEY C. ERICKSON,will be referred to as "my children". The word"issue"will include my children as well as my other descendants but sha11 notinclude adopted children or step-issue. (B) Annointment of Esecutor. I appoint as my Executor and successor Executors(all hereinafter referred to as Executor or Executors) under this Will, the following named persons to serve without bond and without being required to account to any Court: Executor: My husband, C. EUGENE ERICKSON. Successor Executor: My son, CARL EUGENE ERICKSON,JR. Second Successor Executor: My son, STANLEY C. ERICKSON. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Exoenses of Funeral and Last Illness. Notwithstanding that my husband, C. EUGENE ERICKSON, survives me, I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate,inheritance,succession,legacy, transfer and other death taxes or duties,by whatever name called,including any and all intere and L�� G • -��'���. . � LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON PAGE 2 penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with respect to any and all properry included in my gross estate for the purpose of such taz�es, whether such properry passes under or outside of this Will,out of my residuary estate,without being prorated or apportioned among or charged against the respective devises,legatees,beneficiazies,transferees, or other recipients of any such property or charged against any properry passing or which may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taaces from any such person. THIRD: Tangible Personal Propertv. Except for those items excluded below and those items enumerated in the Letter ofInstruc6on,I bequeath to my husband,C.EUGENE ERICKSON, a11 tangible personal property, including but not limited to clothing,jewelry, heirlooms, furniture, personal effects,motor vehicles,and all other similaz articles,which I own,and the insurance thereon, if my spouse survives me by sixty(60)days. Tangible personal property sha11 not include: (1)any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. If my husband,C.EUGENE ERICKSON,is not living on the sixty-first(61 st)day after my death,I bequeath such tangible personal property to my children,CARL EUGENE EffiCKSON, JR., DARLENE Y. SCOTT, VERA L. GILLIS, JEFFREY S. ERICKSON, BRADLEY S. ERICKSON,RODNEY T.ERICKSON and STANLEY C.ERICKSON,living at the time of my death, to be divided among them as they may select in as nearly equal shazes as is practical. If my spouse and my children do not survive me,I leave such tangible personal property to the issue of my children, per stirpes. If there is any disagreement as to distribution, I direct my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my children may be distributed or sold in the sole discretion of my Executor and,if sold,the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may,as my Executor deems advisable,either be delivered to the minor or to any person to safeguazd on behalf of the minor. Notwithstanding any other provisions in this Article THIRD, I may leave a sepazate, dated and unsigned Letter of Instruction,which I shall place with my Will,containing directions as to the ultimate disposi6on of certain of the property bequeathed under this Article THIRD,and such Letter of Instruction shall determine the distribution of such items. FOURTH: Family Home. " '� -�� �!�!��. LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON PAGE3 [THIS ARTICLE IS INTENTIONALLY LEFT BLANK.] FIFTH: Residuary Gifts. (A) If my husband,C.EUGENE ERICKSON,survives me,I give,devise and bequeath a11 the rest,residue and remainder of my estate,of every kind and chazacter,real,personal and mixed, tangible and intangible,and wherever situated,including any lapsed or renounced legacies,devises or residuary bequests(and including any property over which I may have a Power of Appointment), to my husband, C. EUGENE ERICKSON. (B) If my husband, C. EUGENE ERICKSON, does not survive me, I give, devise and bequeath all the rest,residue and remainder of my estate,of every kind and character,real,personal and mixed,tangible and intangible,and wherever situated,including any lapsed or renounced legacies or devises (and including any property over which I may have a Power of Appointrnent), to my children, CARL EUGENE ERICKSON, JR., DARLENE Y. SCOTT, VERA L. GILLIS, JEFFREY S. ERICKSON, BRADLEY S. ERICKSON, RODNEY T. ERICKSON and STANLEY C.ERICKSON,per stirpes. If any of my children predecease me,then the predeceased child's shaze of the residue of my estate shall be distributed to the predeceased child's issue, per stirpes. (C) DistribuHons Durin� Administration. Prior to final distribution of my estate, the Executor,in his discretion,may make partial distributions to one or more beneficiaries or Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist contemporaneously. Adistributionmaybemadesubjecttoanyindebtednessorliabilityofmyestate. SIXTH: Sn�endthrift Provision. No beneficiary sha11 have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or chazged with any debts, contracts,liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. SEVENTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon him by law: _J� n / � �'� ���_ L�4y�. _ _ _ LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON PAGE 4 (A) In the management, caze and disposition of the Estate, the Executor shall have the power to do all things and to execute such deeds and instruments as may be deemed necessary or proper, including the following powers,all of which may be exercised without order of or report to any Court: (1) To sell,exchange or othenvise dispose of any property,rea1,personal or mixed, at any time held or acquired hereunder,at public or private sale,for cash or on terms,without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks,bonds, securities,mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regazd to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization,merger,consolidation,liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other securiry. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable,and to pay reasonable compensation for their services. (6) To compromise,settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness,as well as to borrow money,and to secure the same by mortgaging, pledging or conveying any property of the Estate, including the power to borrow at a reasonable rate of interest. (S) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business,to agree to the liquidation in kind of y � � � , . LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON PAGE 5 corporation in which the Estate may have an interest and to carry on the business thereof,to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest,to become or remain a paztner,general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business,property or corporation,without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable caze. (9) To register any stock,bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity,but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one(21)yeazs of age,the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) yeazs of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability,the Executor need not require the appointment of a guazdian,but shall be authorized to pay or deliver the same to the custodian of such person,to pay or deliver the same to such person without the intervention of a guazdian,to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shazes, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regazdless of the basis for income tax purposes of any property distributed or divided in kind,and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall have discretion to determine whether items should be chaz d or .0 , d, � _ _ _ LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON PAGE 6 credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all circumstances,including the power to amortize or fail to amortize any part or a11 of any premium or discount,to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal,to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal,or apportion the same between income and principal,to chazge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under a11 the circumstances. (F) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less than the minimum annual fee set forth in the Trustee's regularly published fee schedule then,in effect,the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust,and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the inwme of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee,then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (G) Unless the context cleazly states otherwise,when the authoriry and power under this Will is vested in two (2) or more Executors, the authority and powers aze to be held jointly by the Executors. A maj ority of the Executors may exercise any authority or power granted under this Will or granted by law,and may act under this Will. Any attempt by one such Executor to act under this Will on other than ministerial acts shall be void. The action of one such Executor under this W ill may be validated by a subsequent ratification of the act by a majoriry of the Executors. EIGHTH: Rights and Liabilities of Eaecutor. No bond or other security shall be required of any Executor. This instrument always shall be construed in favor of the validity of any act or omission by any Executor,and any Executor shall not be liable for any act or omission except in the caseofgrossnegligence,badfaithorfraud. Specifically,inassessingtheproprietyofanyinveshnent of the estate,the overall performance of the entire estate shall be taken into account. Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate,in an amount the Executor normally and customarily chazges for performing similaz services during 2!� � � LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON PAGE 7 time which he/she performs the services. NINTH: Tax Elections. In determining the estate, inheritance and income ta�c liability relating to my Estate,the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift ta�c purposes to having gifts made by either of us during my life considered as having been made one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed,my Executor shall allocate so much ofthe Federal Generation Skipping Transfer(GST)exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. TENTH: Definitions and General Provisions. (A) Survival. Any beneficiary,including my spouse,who dies within sixty(60)days after my death shall be considered not to have survived me. (B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired, including income, which may belong to a Trust at any given time. (C) Children. Except for discretionary distributions which may be made unequally among a group of persons and distributions pursuant to a valid exercise of a Power of Appointment, in making a distribution to the children of any person,the property to be distributed shall be divided into as many shazes as there aze living children of the person and deceased children ofthe person who left children who aze then-living. Each living child shall take one shaze and the share of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his pazent. The word"issue"will include my children as well as my other descendants but shall not include adopted children or step-issue. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers aze to those of the Intemal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal taac laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders,and the use of either the singulaz or the plural includes the other. � d. � _ LAST WILL AND TESTAMENT OF VIVIAN L. ERICKSON PAGE8 (F) Caotions. The captions set forth in this Will at the beginning of the various divisions hereof aze for convenience of reference only and shal l not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (G) Powers of Anoointment are Eaercised. By this Will I exercise any Power of Appointment which I may possess at my death. IN WITNESS WHEREOF,I,VIVIAN L.ERICKSON,the Testatrix,have to this my Last Will and Testament,typewritten on nine(9)pages,including the Acknowledgment and Affidavit,set my hand and seal this 22"d day of October, 2002. ��c�-c� � �.,!u� VIVIAN L. ERICKSON Sigied, sealed,published and declazed by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as wimesses hereto,in the presence of the said Testatrix,and in the presence of each other. Each of us further declazes that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and eight(8)other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. � • /GN� residing at /iG�'JMi0. / l.�M1�M (print name) � residing at ��,iz� ,�� G���'� �%��� (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND . The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument,being first duly swom and qualified according to law,do hereby acknowledge, depose and say to the undersigned authority,that the Testatrix signed and executed the instrument as her Last Will in the presence of the wimesses; that she signed it willingly or willingly directed another to sigi it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ��� � ���a Testatrix " _ ___�-j., � 6��k��:�f� Witness G/ —. Witness Swom to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses,this 22nd day of October, 2002. N Public My Commission Expires: Noterial Seal Teri L.Walker,Notary Public Lemoyne Boro,Cumberland County My Commisslon Expires Jan.20,2003 ^�Ambar,PennsyNenie Association of Noferi�