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HomeMy WebLinkAbout04-02-14 Reset 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: ALAN T.NEUSBAUM F I I c No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: January 10,2014 Age at death: 60 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 1115 Musket Lane Mechaniesbure PA 17050 Hampden Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1115 Musket Lane Mechanicsburg,PA 17050 Hampden Township Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedents property at death: /f domiciled in Pennsyl vania.................... .. . .. . .. All personal property $ 97,000.00 If not domiciled in Pennsylvania. .............. ......... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. Personal property in County $ Value of real estate in Pennsylvania.... . ............................ .. ..................... . $ TOTAL ESTIMATED VALUE. ... $ 97.000.00 Real estate in Pennsylvania situated at: NONE (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated May 14,2003 and Codicil(s) thereto dated NONE 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 many,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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ( NO EXCEPTIONS Q EXCEPTIONS 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,durance minoritate If Administration,c.l.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. 0 NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survivedby the following silapse(if any)an`2Tx'irs(a c additional sheets, ifnecessary): C) G7 O Name Relationship Address M r— D f'ri fV r'I D U - C-0 r r—"' C D c rn.mRw-02 rev. 1011112011 Page 1 oft Oath of Personal Representative official Use only COMMONWEALTH OF PENNSYLVANIA ) } SS: COUNTY OF CUMBERLAND ) Petitioner(s)Printed Name Petitioner(s)Printed Address Nancy E.Neusbaum 1115 Musket Lane Mechanicsburg,PA 17050 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 th ecedent,the Petitioner(s)will well and truly administer the estate accord' to llaew�., Sworn to or affirmed a subscribed before ��` C!: i ,A � Date 4 me 's d y f CJ y if Date $ U Date For the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 210.00 Attorney Signature: ( 2 ) Short Certificate(s).. . . . . 10.00 ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Panted Name: Jeffrey A.Emico,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other Will . . . . . . . . 15.00 ID Number: 07981 Inheritance Tax Return . . . . . . . . 15.00 Inventory . . . . . . . . 15.00 Firm Name: METTE,EVANS&WOODSIDE . . . . . . . . Address: 3401 North Front Street . . I . . . . . PO Box 5950 . . . . . . . . Harrisburg,PA 17110-0950 . . . .. . Phone: (717)232-5000 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)236-1816 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: Jaemic04ctte ram TOTAL. . . . . . . . . . . . . . . . . . . . . $ 293.50 DECREE OF THE REGISTER 1 Estate of ALAN T.NEUSBAUM File No: — I`�f"�is-i a/k/a: AND NOW, '-1� ` I , ,in consideration of the foregoing Petition, satisfactory proof havinj been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Nancy E.Neusbaum in the above estate and(if applicable)that the instrument(s) dated May 14 2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. R ister o Will 1 f6 Fera RW-o2 rev. 1011112011 Page 2 of 2 Raft Wirt anb Testament c s rn CD m C O OF anr- rn 77, ro ALAN T. NEUSBAUM C> C= = c> I, ALAN T. NEUSBAUM, of Mechanicsburg, Cumberland' Coui}t3�, o X Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: If I die before my wife, NANCY E. NEUSBAUM, I give to her all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not die before my wife, I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within Page i ✓ thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered list shall be ignored. I give to my children, who survive me, any tangible personal property not set forth in a written list, to be divided among them as they shall agree. If my children are unable to agree, the Executor shall divide this property among my children in as nearly equal portions as the Executor, in the sole discretion of the Executor, deems practical, having due regard to the personal preferences of my children. ITEM IV: I give the residue of my estate, not disposed of in the preceding portions of this Will, to my wife, NANCY E. NEUSBAUM, and my friend, JAMES E. DONNELLY, as Co-Trustees, IN TRUST, to be administered and distributed in accordance with the terms of an Agreement of Trust executed by me as Trustee and by me as Settlor on even date herewith,as may be amended and/or restated from time to time. I confirm and ratify this Agreement of Trust in every respect. ITEM V: The Executor shall possess the following powers, exercisable without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. (b) To vary investments and to invest in bonds,stocks,notes,real estate mortgages or other securities or in other property,real or personal, without being restricted to so-called"legal investments",and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 2 (c) In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute personal property and real property partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale any or all real or personal property severally or in conjunction with other persons, and to consummate sale(s)by deed(s) or other instrument(s)to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale. The Executor is authorized to make, execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to carry out the powers conferred upon the Executor. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate,expenses of administration or inheritance,legacy,estate and other taxes,and to assign and pledge assets of my estate. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate. Page 3 (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate, and to exercise all the powers incident to the ownership of stock. 0) To unite with other owners of property similar to property in my estate to carry out any plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To allocate administrative expenses to income or to principal, as the Executor deems appropriate. However,no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. Page 4 (n) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate these persons from assets of my estate, without affecting the compensation to which the Executor is entitled. (o) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM VI: Should my said wife, NANCY E. NEUSBAUM, by Will or Agreement of Trust, establish Trusts similar to the Trusts I have established for the benefit of my issue, the Trustee of each Trust created in this Will shall have the right to merge it with the similar Trust created by my wife for the same beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust. ITEM VII: If my said wife and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if my wife had survived me. ITEM VIII: I appoint my wife,NANCY E. NEUSBAUM, to be the Executrix, referred to in this Will as "Executor". In the event of her death, inability or refusal to serve, I appoint my friend,JAMES E. DONNELLY and FULTON BANK,in the order named,to be the successor Executor. The Executor(s)and Guardian are specifically relieved from the obligation of filing bond or entering security. Page 5 IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament,consisting of this and the preceding five(5)pages,at the end of each page of which I have also set my initials for greater security and better identification this /4/day of 2003. ALAN T. NEUSBAUM We, the undersigned, hereby certify that the foregoing Will was signed, sealed,published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written,and we certify that at the time of the execution thereof,the said Testator was of sound and disposing mind and memory. vim-(SEAL)Residing at / �� a�71 (SEAL)Residing at 1(A lu/)-� (SEAL)Residing at Page 6 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) v�PHIK) ) Ss: COUNTY OF O� ) I, ALAN T. NEUSBAUM, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. 4�F.AL) ALAN T. NEUSBAUM Sworn to and subscribed before me this /11" day of M,011 , 2003. Notary Public My Commission Expires: (SEAL) Notarial Seal Melisa M. Lucas, Notary Public City of Harrisburg, Dauphin County My Commission Expires Oct. 13, 2003 ` Member,Pennsvlvania Association of Notanes Page 7 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF �Pr n(P�t)I� II ) rrPP We, I GmP_ la J }�ar✓t S l.� e Wl lke,.G/n and Je Krtd Ir ; Cc^+ the Witnesses whose names are signed to the attached instrument, being duly qualified according to law, do depose and say that we were present and saw Testator,ALAN T.NEUSBAUM,sign and execute the instrument as his Last Will and Testament; that the Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of e, of sound mind and under no constraint or undue influence. l 9�?z ?/a Witness Witness Witness Sworn to and subscribed before me this l y rn day of f" 2003. Notary Public My Commission Expires: (SEAL) — Notarial Seal Melisa M. Lucas, Notary Public City of Harrisburg, Dauphin County My Commission Expires Oct. 13, 2003 Member,PennsylVa"aP.ssooiation otNotanes PERSONAL MEMORANDUM TO LAST WILL AND TESTAMENT OF ALAN T. NEUSBAUM DATED: PERSON TO RECEIVE ITEM DESCRIPTION OF ITEM :313250 1 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00303 PA No. 21- 14- 0303 Estate Of: ALAN T NEUSBAUM (First,Middle,Last) Late Of: HAMPDEN TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: WHEREAS, on the 2nd day of April 2014 an instrument dated May 14th 2003 was admitted to probate as the last will of ALAN T NEUSBAUM (First,Middle,Last) late of HAMPDEN TOWNSHIP, CUMBERLAND County, who died on the 10th day of January 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: NANCY E NEUSBAUM who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 2nd day of April 2014. f It h R glster o7 5,s t ePtty **NnTP,** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)