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HomeMy WebLinkAbout12-06-13 =A .Reset " 0" 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: JAMES PATRICK LEER File No: �. �' J`)22 _ c2X14 a/k/a: (Assigned by Register) a/k/a: a/k/a: pOd7: I I I IJ � Social Security No: Date of Death: Age at death: 62 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last ,principal residence at 90 Longwood Drive,Mechanicsburg 17050 Silver Spring Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 90 Longwood Drive,Mechanicsburg 17050 Silver Spring Township Cumberland 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 $ 30,000.00 Ifnot domiciled in Pennsylvania. .. ................ ... .. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .. .................... . Personal property in County $ Value of real estate in Pennsylvania........................ ................. ................ $ 150,000.00 TOTAL ESTIMATED VALUE. ... $ 180 000 00 Real estate in Pennsylvania situated at: 90 Longwood Drive,Mechanicsburg 17050 Silver Spring Township Cumberland (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)averts)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated July 23,2003 and Codicil(s) thereto dated N/A State relevant circumstances(eg.renunciation,death of executor,etc.) Except as follows: after The execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did not have a child brain or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. (D NO EXCEPTIONS 0 EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.cc.a.,pendente lite,durance absentia,durante minorbate If Administration,c.t.a. or db.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 wassurvived by the follow29 spouse(if miy ,d1e(�s Ehach additional sheets,if necessary): M O t-73 07 O co r y 7J Name Relationship Addrm C, r�s9 r Z Fri Q7 27,G7 cn - o cs O _ Cy C> a O r_ rr1 t �1_ Forn,ew-02 rev.10111120/1 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 Thomas C.Bell 512 S.Market Street Mechanicsburg,PA 17055 1 The Petitioner(s)above-named swear(s)or affronts)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Pettioner(s)and that,as Personal Representative s n the Petitioner(s)will welll and truly administer the estate according to law. Sworn to or affirmed subscribed bc� �. A-zle Date 1.2� me ��day of ) /, Date By: Date For i eRegister - Date BOND Required: 0 YES 4D NO To the Register of Wilts., FEES: Please enter my appearance by my signature below: Letters.. .................. .. S 250.00 Attorney Signature: - ( 4)Short Certificate(s).. .. .. 20.00 ( )Renunciation(s).. . . . . . . . ( ? Codicil(s). ... . . . . t )Affidavit(s).. ........ . . � Bond.... . . .. . . . . .. .. . . . .. . . . Printed Name: Allen D.Smith,Esq. m = e 7 -�,- Commissiom . . . . . . . . . . . . . . . . . Supreme Court M U- n --i Other ... .. ... tD Number: 17029 r- X" M tTt .. . . ... . 5: C d . . . . . . . , Firm Name: . . . . . . . . Address: 51 S.Front Street "rt .... . . P.0 Box 7492 .... . . .. Steelton,PA 17113 .. .. . . Phone: (717) 939-1891 Automation Fee. . .. .... .. .. .. . 5.00 Fax: (717) 939-1998 JCS Fee. .. . . . . .. . . . . . .. . . . 23.50 Email: alleu@adses t rnm TOTAL. . . . . . . . . . . . . . . . . . . . . S 308.50 DECREE OF THE REGISTER 1 Estate of JAMES PATRICK LEER File No: alkta: AND NOW, ,,Xt . ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Thomas C.Bell in the above estate and(if applicable) that the instrumerl dated July 23.2003 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of D eedent. jlmaCh 4 >1W,)N\hl�ta. +Register of Wills Form RW-02 rev. 1011112011 Page 2 of 2 > n `=3 3- Cy mm M 3 c� 7 " O E'•7 C7 n C/) .13 frl cr; LAST WILL AND TESTAMENT C-3 :.n -°-, t O q C_7 {" n9 * Q Cn Q JAMES PATRICK LEER _ Y I,JAMES PATRICK LEER, now of 90 Longwood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 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 a married man. I am married to PATTI ANN LEER. My wife, PATTI ANN LEER, is not identified as an heir of my estate in my Will and I do not want her to be an heir of my estate. I have one(1)child, MEGAN ELIZABETH LEER, born April 22, 1988. Throughout this Will, MEGAN ELIZABETH LEER will be referred to as "my daughter." The word 'issue" will include any children as well as my other descendants. (B) Appointment of Executor. I appoint as my Executor(all hereinafter referred to as Executrix, Executor or Executor(s)under this Will), the following named persons or icorporations to serve without bond and without being required to account to any Court: Executor: My friend, THOMAS C.BELL. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Illness, Notwithstanding that my heirs survive 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 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. Without any apportionment otherwise required by law and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such LAST WILL AND TESTAMENT OF ,TAMES PATRICK LEER PAGE 2 property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My 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 all my tangible personal property, including but not limited to clothing,jewelry,heirlooms,furniture, household furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon,to my daughter, MEGAN ELIZABETH LEER, if she should survive me. 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. 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: Residuary Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to my daughter, MEGAN ELIZABETH LEER. 1) During the minority of my daughter, which I define as not having attained the age of twenty-one (21), 1 direct my Executor shall have the ability to pay any part or all of the income to, or for the benefit of my daughter, or to accumulate any part or all of the income, which in the sole discretion of my Executor is determined to be reasonably necessary for my daughter's needs for health, education, support and maintenance. Any income not so paid shall be added to the principal of the Trust. To the extent possible, all payments of income shall be paid directly to the third-party for the benefit of my daughter rather than directly to my daughter. My Executor is instructed to consider, before making any distribution under this section, the available assets or income available to my daughter, including but not limited to scholarships, subsidized loans, grants, awards,prizes and earnings of my daughter. 2) The first one third (1/3) of my residuary estate shall be given to my daughter at the age of eighteen (18) years upon her successful graduation from high school. I direct my Executor to pay the first one-third (113)of my residuary estate for the benefit of my daughter in such periodic installments as the Executor and my daughter shall agree upon. To the extent possible, all payments of income shall be paid directly to the third party for the benefit of my daughter rather than directly to my daughter. My Executor is instructed to consider, before LAST WILL AND TESTAMENT OF JAMES PATRICK LEER PAGE 3 making any distribution under this section,the available assets or income available to my daughter, including but not limited to scholarships, subsidized loan, grants, awards,prizes and earnings of my daughter. 3) After my daughter has attained the age of twenty-two (22) years OR upon the successful graduation and completion of the post graduate education or career of her choosing, I direct my Executor to pay the second one-third (1(3) of my residuary estate for the benefit of my daughter in such periodic installments as the Executor and my daughter shall agree upon. To the extent possible, all payments of income shall be paid directly to the third party for the benefit of my daughter rather than directly to my daughter. My Executor is instructed to consider, before making any distribution under this section, the available assets or income available to my daughter, including but not limited to scholarships, subsidized loan, grants, awards, prizes and earnings of my daughter. 4) Upon my daughter reaching the age of Twenty-Five (25) years, I direct my Executor to pay to, or for the benefit of, my daughter the remainder or last one-third (113), cumulatively, of the initial principal of this trust, for the purpose of investing in a business, purchasing a home [provided that the loan-to-value ratio on the home is no more than seventy-five percent (75%)], or any other reasonable purpose. FIFTH: Family Home. In the event of my death, the Guardians of my daughter may choose to reside in my family home until her graduation from high school_ During this time the Guardians of my daughter shall bear all costs of my family residence. If the Guardians are unable to afford to remain in my family home, they may work with the Executor of my estate to make financial arrangements through the use of my daughter's inheritance to enable them to remain in my family home. Upon my daughter's graduation from high school, the Guardians of my daughter may choose to purchase my family home at fair market value. If the Guardians of my daughter do not want to reside in my family home or purchase my family home,my family home shall be placed for sale and the profits from the sale of my family home shall be added to the rest and residue of my estate for the benefit of my daughter. SIXTH: Appointment of Guardian. In the event of my death, I nominate, constitute and appoint my father-in-law and mother-in-law, HAROLD DECKER and GLORIA DECKER, as testamentary guardians of the person of my daughter, MEGAN ELIZABETH LEER, (and any children born or adopted hereafter). I direct the Guardian of my daughter to work with the Executor of my Will to provide for my daughter's needs for health, education, support and maintenance. 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, L' LAST WILL AND TESTAMENT OF JAMES PATRICK LEER PAGE 4 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 the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents 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 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 or issued by a parent or affiliate company of such Executor. (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. (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 corporation in which the Estate may have an interest and to carry on the l LAST WILL AND TESTAMENT OF JAMES PATRICK LEER PAGE 5 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 shalt be responsible for the acts of such nominee. (B) Whenever the Executors are directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) 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 (21) 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 be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I or my spouse may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. LAST WILL AND TESTAMENT OF JAMES PATRICK LEER PAGE 6 (F) The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor,any property to or from any trust created by me or my spouse during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the 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. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) 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 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. (I) Except as otherwise provided in this Will,when the authority and power under this Will is vested in two (2)or more Executors or Trustees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees 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 or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. 41�1�- l�� LAST WILL AND TESTAMENT OF JAMES PATRICK LEER PAGE 7 EIGHTH: Rights and Liabilities of Executor. (A) No bond or other security shall be required of any Executor. (B) 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, the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall receive a minimum of Five Thousand Dollars and no cents ($5,000.00) as compensation for their time and services. If they incur additional reasonable expenses, they shall be entitled to reasonable compensation for these additional services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. NINTH: 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. TENTH: Tax Elections. (A) 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 home 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. The Executors may, in their discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (B) The Executors may, in their discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions(even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return)or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal LAST WILL AND TESTAMENT OF JAMES PATRICK LEER PAGE 8 accounts in my estate shall be made as a result of such decisions. ELEVENTH: Definitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty(60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles 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. (C) Children. As used in this Will, the words "child" and 'children" shall include persons who are legally adopted and the issue of said persons,whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. 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. (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. (F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death. IN WITNESS WHEREOF,I, JAMES PATRICK LEER, the Testator, have to this my Last Will and Testament,typewritten on ten(10)pages, including the Acknowledgment and Affidavit, set my hand and seal thisi day of July, 2003 MES PATRICK LEER 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 nine (9) other consecutively numbered typewritten. pages including the Acknowledgment and Affidavit. i residing at kIA2ZL Q16:1' (print name) ti residing at A -2 (print name) [This space is intentionally left blank.] 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. �— --- Testator tt tans AL ttness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testator and witnesses, this_Q3._day of July, 2003. Notary Public 05 My Commission Expires:a Notarial Soal Kimbedqq R. Hanford,Notary Public Nlechanksburg Born. Cnmbertand Counly My Commission Expires Apr.4,2005