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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 request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: C.Eugene Erickson File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: February 6,2008 Age at death: 79
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 616 Bosler Avenue Borouah of Lemoyne Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Harrisbure Hospital, 110 S.Front Street City of Harrisbure Dauphin PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania............................ All personal property $ 12,000.00
If not domiciled in Pennsy lvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsy lvania. ....................... Personal property in County $
Value of real estate in Pennsylvania......................................................... $
TOTAL ESTIMATED VALUE. ... $ 12.000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough r County
w m C-
® A. Petition for Probate and Grant of Letters Testamentary M: o
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 00015 4 22,200 7^--aW Codicil(s)
thereto dated n/a n —1
:t
State relevant circumstances(e.g.renunciation,death of executor,etr-T U) 4
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,was-no jv6�ced,knot aparffto a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §'V299),and did not have mild born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person- co rte°' M
NO EXCEPTIONS ®EXCEPTIONS O
® B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.t a. or d.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 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 Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
Name Relationship Address
Form nw-02 rev.10/11/2011 Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Carl Eugene Erickson Jr. 105 Laurel Drive Enola PA 17025
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 Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before I7td � M
me th' �a� day of t-qtr" ,��3 D �?
By: 1w n Daw =4 �
For the Register D ) r'rj T1
`
=D —n -,n
BOND Required: ® YES Q NO To the Register of Wills: c a
FEES: Please enter my appearance by s nature tpdow:r— rn
// (n ca
Letters . . . . . . . . . . . . . . . . . . . . . . $ {o0, b Attorney Signature:
( $)Short Certificate(s).. . . . . 4 Q.O
( )Renunciation(s).. .. . .. . .
( )Codicil(s). . . . .. . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Pri ted Name: Craig A.Hatch,Esq.
Commission. . . . . . . . . . . . . . . . . . ---- Supreme Court
Other W 1 I I . . . . . . . . Ov ID Number: 76361
nv . . . . . . . . I's .00
i'1 In-ta y- 15.V Firm Name: Halbruner,Hatch&Guise,LLP
. . . . .. . . Address: 2109 Market Street
. . . . . . • • Camp Hill,PA 17011
Phone: (717)731-9600
Automation Fee. . . . . . . . . . . . . . . FJ.00 Fax: (717)731-9627
JCS Fee. . . .. . . . . . . . . . . . . . . . . 23• Email: C_HatchnHHGI_I,P_com
TOTAL. . . . . . . .. . . . . . . . . . . . . $
DECREE OF THE REGISTER q
Estate of C.Eugene Erickson File No:
a/k/a:
AND NOW, ,DO 13 ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Carl Eugene Erickson,Jr.
in the above estate and(if applicable)that
the instrument(s)dated October 22,2002
described in the Petition be admitted to probate and filed of record as the last Will (and Cod' il(s))of Decedent.
'Register of Wills,, om 1 0 h
Form RW-02 rev.10/11/2011 d oputT Page 2 of 2
RECORDED OFFIC OF
R E G I S T E R O F 171M SLAST WILL AND TESTAMENT
ZOO NOU 12 Ail 8 06 OF
CLERK OF
0 R P!;A N S' C G U I T C. EUGENE ERICKSON
CU ggERLAND CO.
I, C EUGENE EWKSON,now of 616 Bosler Avenue, Lemoyne, Cumberland County,
Pennsylvania, 17043-1816, do publish and declare this to be my Last Will and Testament, hereby
revoking all other prior wills and codicils made by me.
FIRST: Family Background and Appointment of Executor.
(A) Family and Background Information. I am married to VIVIAN L.ERICKSON.The
children of our marriage are CARL EUGENE ERICKSON,JR.,DARLENE Y.SCOTT,VERA
L.GILLIS,JEFFREY S.ERICKSON,BRADLEY S.ERICKSON,RODNEY T.ERICKSON
and STANLEY C.ERICKSON. Throughout this Will,VIVIAN L.ERICKSON will be referred
to as"my wife"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 shall not include adopted children
or step-issue.
(B) Appointment of Executor. I appoint as my Executrix and successor Executors(all
hereinafter referred to as Executrix, Executor or Executors) under this Will, the following named
persons to serve without bond and without being required to account to any Court:
Executrix: My wife, VIVIAN L. 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) Expenses of Funeral and Last Illness. Notwithstanding that my wife,VIVIAN L.
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 interest and
LAST WILL AND TESTAMENT
OF
C. EUGENE 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 property included in my gross estate for the purpose of such taxes, whether
such property 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,beneficiaries,transferees,
or other recipients of any such property or charged against any property passing or which may have
passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any
such taxes from any such person.
THIRD: Tangible Personal Property. Except for those items excluded below and those
items enumerated in the Letter of Instruction,I bequeath to my wife,VIVIAN L.ERICKSON,all
tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture,
personal effects,motor vehicles,and all other similar articles,which I own,and the insurance thereon,
if my spouse survives me by sixty(60)days. Tangible personal property shall 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 wife,VIVIAN L.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 ERICKSON,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 shares 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 safeguard on behalf of the minor.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated
and unsigned Letter of Instruction,which I shall place with my Will,containing directions as to the
ultimate disposition 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
C. EUGENE ERICKSON
PAGE 3
[THIS ARTICLE IS INTENTIONALLY LEFT BLANK.]
FIFTH: Residuary Gifts.
(A) If my wife, VIVIAN L.ERICKSON, survives 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,devises
or residuary bequests(and including any property over which I may have a Power of Appointment),
to my wife, VIVIAN L. ERICKSON.
(B) If my wife,VIVIAN L.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 Appointment),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 share
of the residue of my estate shall be distributed to the predeceased child's issue, per stirpes.
(C) Distributions During 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. A distribution maybe made subject to any indebtedness or liability of my estate.
SIXTH: Spendthrift Provision. No beneficiary shall 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 charged 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:
LAST WILL AND TESTAMENT
OF
C. EUGENE ERICKSON
PAGE 4
(A) In the management, care 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 otherwise dispose of any property,real,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 regard 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
security.
(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.
(8) 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 any
LAST WILL AND TESTAMENT
OF
C. EUGENE 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 partner,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 care.
(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(2 1)years 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 (2 1) years 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 guardian,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 guardian,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 shares,the
Executor shall be authorized to make the distribution and division in money or in kind, or both,
regardless 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 charged or
zlw
LAST WILL AND TESTAMENT
OF
C. EUGENE 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 all 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 charge 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 all 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 income 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 clearly states otherwise,when the authority and power under this Will
is vested in two (2) or more Executors, the authority and powers are to be held jointly by the
Executors. A majority 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 Will may
be validated by a subsequent ratification of the act by a majority of the Executors.
EIGHTH: Rights and Liabilities of Executor. 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
case of gross negligence,bad faith or fraud. Specifically,in assessing the propriety of any investment
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 charges for performing similar services during the
LAST WILL AND TESTAMENT
OF
C. EUGENE ERICKSON
PAGE 7
time which he/she performs the services.
NINTH: Tax Elections. In determining the estate, inheritance and income tax 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 tax 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 of the 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 shares as there are living children of the person and deceased children of the person who
left children who are then-living. Each living child shall take one share 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 parent. 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 are to those of the Internal Revenue Code of 1986, as amended, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other genders,and the use of either
the singular or the plural includes the other.
LAST WILL AND TESTAMENT
OF
C. EUGENE ERICKSON
PAGE 8
(F) Captions. The captions set forth in this Will at the beginning of the various divisions
hereof are for convenience of reference only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(G) Powers of Appointment are Exercised. By this Will I exercise any Power of
Appointment which I may possess at my death.
IN WITNESS WHEREOF, I, C. EUGENE ERICKSON, the Testator, 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"a day of October, 2002.
C. EUGFNV ERICKSON
Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at his request, as
witnesses hereto,in the presence of the said Testator, and in the presence of each other. Each of us
further declares that he or she believes the Testator 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.
residing at d�«
print name)
residing at
(print name)
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
The Testator and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument,being first duly sworn and qualified according to law,do hereby acknowledge,
depose and say to the undersigned authority, that the Testator signed and executed the instrument
as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed
another to sign it for him; that he executed it as his free and voluntary act for the purposes therein
expressed; that each of the witnesses 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 witnesses; and that to the best of their knowledge the Testator was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
z Testator
.itne s
Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testator and witnesses,this 22nd day of October, 2002.
AQ
Notary Public
My Commission Expires: '
Notarial Seal
Teri L.Walker,Notary Public
Lemoyne Boro,Cumberland County
My Con+miGslon Expires Jan.20,2003
Member,Pennsylvania Association of Notaric,