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Home My WebLink About02-11-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF��, rlan.d 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 gant of Letters in the appropriate form: Decedent's Information �/ /�' /�� Name: U�� 'h File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No:�� Date of Death: �f Cj y�,�3, �O/�G Age at death: q� � Decedent was domiciled at death in L' ,e County,��j�$t,/�j/Q/J!'Gt, (srure)with hislher last principal residence at :�.,25' ' � 2t e - �,. � Street address,Post Office and Zip Code City,Township or ough County Decedent died at � �i P� � Cd�7IGSbG1 YQ (�,t,�.m�et/d nd J��' Street address,Post Oftice and Z�p Code City,Township or ough County State Estimate of value of decedent's property at death: Ifdomiciled i�z Pennsylvania................ ... ......... All personal property $ l��,d 0� . � I/'not domiciled in Pennsylvania. .... ...... . ............ Personal property in Pennsylvania $ '-- If not don:ici[ed in Pennsylnania. .................. ..... Personal property in County $ f�a[ue a/'real estate in Pennsylvania................ ............................... .......... $_ � p — TOTAL ESTIMATED VALUE. ... $ /,S'a,6 p p _Q p Real estate in Pennsylvania situated at: h an� � (Attach additionnl sheets,i/'necessary.) Street address,Post Offce and Zip Code City,Township or Borough County �A. Petition for Probate and Grant of Letters 1'estamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in tl�e last Will of tl�e Decedent,dated�ed f �.5, �?Dl�O and Codicil(s) tl�ereto dated State relevant circwnstances(e.g.renunciation,deaH:ofexec r,etc.) _„_- �7 � Except as follows: after the execution of the instrument(s)offered for probate Decedent did not ma� � � � � �r,�,s not divdFc'�tl,wa-not�arty to a pending divorce proceeding wherein the grounds for divorce l�ad been established as defined in 23 Pa.�.�33�(g),an'`�did�st Iqave a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated�scs� � F—'' t-:°; r"t -�— F—�+ ti_J �NO EXCEPTIONS ❑EXCEPTIONS 'p' En ='-y '"``' ��.7 � t�, T -�-� f ❑ B. Petition for Grant of Letters of Administration (Ifapplicabte) �: <-=� � -�' c.t.u.,d.G.n., d.b.re.c.t.a.,peii erH�jlite,dztru/r�e�abs�nFiu�:�ttrunte minw•itate � _,_ If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A abou�and complEte list�f "` irs. '-� Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been estabfished as defined in 23 Pa.C.S.§3323(g)and was neitl�er 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 lefi no W ill and was survived by tl�e following spouse(if any)and heirs(uttuch udditiazul sl�eets, if necessury): Name Relationshi Address F�,��,�wn? i�ev.10/Il/201! Page 1 of2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } �'1 } SS: COUNTY OF litG�IYjC��/��QiJ?� } Petitioner(s)Printed Name Petitioner(s)Printed Address (�i1 e 5 �, J�e r v�..s l.�iz Gt/`j.�a�/a�u! �°�J L�JJs.be r�' 1�i9- i733 5G0 . Kea s 8� Ged r �i� �'no � /70�.s 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�'etitioner(s)and that,as Personal Representative(s)of the Decedent,the P itioner(s)will well and truly administer the�state according to law. � :.,. �� Sworn to or affirn�ed and subscribed before me t i �clay of , 20/4 � �ate ^�I//-- / � �- �i` By' cT' :� �... �ate �� For the Register +C? S,, �" '"� ;'� f'B'ate :..,„ �..... � �'-- _.. �.,.., `"" :� C� �:;, +::::1 � , �,_,� '� �'j t.� BOND Required: � YES 10 To the Register of Wills: r-> r, -„ —� �� FEES: Please enter my appearance�Ty'�signaty.�e bela�'i�t:� Vv . -r1 �,,. � p Letters. . . . . . . . . . . . . . . . . . . . . . $ . Attorney Signature: �;-„ �, .z.� ( Cj ) Short Certificate(s).. . . . . `. ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . .. . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court Othgr . . . . . . . . ID Number: ( • • • • • • • FirmName: • • • • • • • • '�5�� Address: . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . • Email: TOTAL. . . . . . . .. . . . . . . . . . . . . $ � . DECREE OF THE REGISTER Estate of �(�.r1 e �,• f �-�I�,S File No: 2i �� " �,.�� alk/a: ,�(� � AND NOW, � V'r ,�`�� in consider tion of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to , �� in the above estate and�if a�pllcabl�)that the instrument(s)�dated J-� � � described in the Petition be admitted to probate and filed of reco as the last Will (and Codicil(s))of Dececlent. . Register of Will Form RW-02 rev.10//1/201! Page 2 of 2 HL05.805 REV(9/Il) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 ��C Q��i� v�� ,,,�� , �� This is to certify that the information here given is ��.�.�� «, r� _ � LAST WILL AND TESTAMENT � o "� rn � CT�.,� � rn �`? c.5 �Tl -._ � C:7 C.�3 �7 .� ra _ � 2� r"" �. _ � {,_ r� �..� r�� •" �� t--• _-� �:* JUNE F. KEARNS - `J� -. r^; {:, � � r�., �� -,-, -,t __, > � : .' _ i � . � ci . : � r�? _ £ 7 I, JUNE F. KEARNS, of New Cumberland, Cufhberla �� ` rj,�; Cour��iiy, : Pennsylvania, being of sound and disposing mind and memory, do � make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made . I am the widow of Francis J. Kearns and the children born of our marriage are James D. Kearns and Scott R. Kearns . 1 . TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to my children living at my death in as nearly equal shares as they shall select under the supervision of my Executor . If any child of mine should predecease me, the share of the deceased child shall be distributed among his issue then living, per stirpes . I request that my beneficiaries be guided by Page 1 of 10 Pages 356517.1 any memorandum which I may leave with my Will with respect to the division of my tangible personal property. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate . 2 . BEQUESTS . I hereby give and bequeath the designated sums to the persons named below: (a) The sum of Five Thousand Dollars ($5, 000 . 00) to my niece, SHERYL S . RODZINAK, now of Wilkes-Barre, Pennsylvania, if she survives me . (b) The sum of Two Thousand Dollars ($2, 000 . 00) to BAUGHMAN UNITED METHODIST CHURCH, Third and Bridge Streets, New Cumberland, Pennsylvania, for its general purposes . 3 . RESIDUE . I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate) , to my issue living at my death, per stirpes; provided, however, if any such issue has not then attained the age of twenty-five years, each such issue' s share shall be retained by my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in Page 2 of 10 Pages accordance with ITEM 4 for the benefit of such issue (the "Retention Trust") . 4 . RETENTION TRUST . My Trustee shall have, hold, manage, invest and reinvest the assets of the Retention Trust, collect the income and (a) Until the beneficiary of the Retention Trust (the "Beneficiary") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Beneficiary such amounts of the net income and principal of the Retention Trust as, in the sole discretion of my Trustee, shall be necessary for the Beneficiary' s maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes . At the end of each year any unexpended income shall be added to the principal of the Retention Trust . (b) After the Beneficiary shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Beneficiary the net income derived from the Retention Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for the Beneficiary' s maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes . (c) If at the time of the creation of the Retention Trust the Beneficiary shall have then attained the age of twenty-five years, or if the Beneficiary shall thereafter attain that age, the Trustee shall distribute outright to the Beneficiary the then remaining principal and any accumulated income of the Retention Trust . (d) If a Beneficiary shall die before final distribution of the assets of the Retention Trust is Page 3 of 10 Pages made, the then remaining principal and any undistributed income of the Retention Trust shall be distributed to the Beneficiary' s issue then living, per stirpes; or if the Beneficiary has no issue then living, then to the Beneficiary' s estate . 5 . PERPETUITIES PROVISIONS . Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee ' s discretion or otherwise . 6 . SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary' s actual receipt thereof . My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be Page 4 of 10 Pages specifically provided herein) , pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 7 . SURVIVAL PRESUMPTIONS . Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me . Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 8 . FIDUCIARY POWERS . In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries : (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates . Page 5 of 10 Pages (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates, or as to which my corporate Executor or Trustee or any of their affiliates are investment advisors, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments" . (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries . (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will . Page 6 of 10 Pages (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes . (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust . (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof . (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust . (j ) To assign to and hold in my estate or trust an undivided portion of any asset . (k) To hold investments in the name of a nominee . (1) To compromise controversies . (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise . (n) To divide any trust hereunder into two or more separate, but identical, trusts . To divide any trust Page 7 of 10 Pages hereunder which would have a generation skipping transfer tax inclusion ratio other than one (1) or zero (0) , into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust" . The exempt trust is that fractional share of the total trust fund that has a generation skipping transfer tax inclusion ratio of zero (0) , and the nonexempt trust is the remaining fractional share of the trust, with a generation skipping transfer tax inclusion ratio of one (1) . The terms and conditions of the nonexempt trust and the exempt trust will be identical . Any reference to a trust created under this Will, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant . The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustee shall maintain adequate accounting and records for both such trusts . My Executor shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (o) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 9 . TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ( "Death Taxes") , whether such Death Taxes shall be payable by my estate or Page 8 of 10 Pages by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 3 of this Will as an expense and cost of administration of my estate . Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will . 10 . EXECUTOR AND TRUSTEE APPOINTMENT. I hereby appoint my sons, JAMES D. KEARNS, and SCOTT R. KEARNS, as Co-Executors and Co-Trustees of this Will . If for any reason either of them should fail or cease to act, the other shall serve alone . If there is ever only one Trustee serving hereunder and no successor is herein named, such sole Trustee may, by written notice directed to the life tenant and the Trust, designate his successor or Co-Trustee to serve with him, any such designation to be effective without court approval . All references in this Will to my "Executor" shall refer to my originally named Co-Executors, to my successor Executor, as the case may be . 11 . WAIVER OF BOND; FIDUCIARY FEES . My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. Page 9 of 10 Pages IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding nine ( 9) pages, this � ,� day of/�..�,�.�..,,.�.�'ti�,�.. , 2000 . T ' ` `� ,� �ct.�z-��-' (SEAL) une F. Kearns We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mi d memory. '"') / l / (SEAL) Residing at : _ � � ' �G��l� (SEAL) Residing at :_ iIf �-l� c�der�wc�� .J 7��.. � �-1 a r r� s I�k rz{ � �!�- Page 10 of 10 Pages COMMONWEALTH OF PENNSYLVANIA . . SS : COUNTY OF �c�uc��i� , We, JUNE F. KEARNS, �5-�„�� , �jr,`-�� and .��_'l. r�e rc�Gl-,c.`.��v� the Testatrix and the Witnesses, U respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testatrix, in the presence of the Witnesses, signed said instrument as her Last Will and Testament, that she signed voluntarily, that each of the witnesses, in the presence of the Testatrix and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. � L,�.�� .-E°.e-c..- _�.-4 z�. J n earns Witness G��,��...._ Wl� SS Subscribed and acknowledged efore me by JUNE F. KEARNS, the Testatrix, and subscribed and sworn to before me by -�s�l�,��. a�w�;-t�` and �= .,�, _ j Ci r�Lt �}U�.6�� the � �� witnesses, on this �� day of ,,,,�. �,� , 2000 . i ° ; �` � Notary ublic My Commission Expires : (SEAL) Notarial Seal Cindy L.Leitzel,Notary Public f•larrisburg,Dauphin County 2 o a��e.i My Commis5ion Expires Dec.2,200� IVi;i!!'iC)C.'l,`��;?i1SViVdf�!3 AS£iiiCl$(I_t�Ot�v0i:1fIE;