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HomeMy WebLinkAbout11-04-14 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 �� ��t�-t Name: Gerald John Galen File No: a/k/a: Gerald J.Galen (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 08/27/2014 Age at death: 75 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 763 Erford Road 17011-1126 r R'nnsh6r6 Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1700 Market St 17011-4817 Camp HIII Borough 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 $ i-@86'0 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. ... $ - 969 86 /0000 Real estate in Pennsylvania situated at: (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 Septen�Rer 30, 1999 ano�q cil(s) thereto dated C-> -r3 State relevant circumstances(e.g.renunciation,death of executor,etc.) r r- r - i ti,1 rT1 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 aending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did nota�ve a fli�ild­-J�orn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. C� NO EXCEPTIONS 0 EXCEPTIONS 7x7 rn -- ^4, "-f r— El B. Petition for Grant of Letters of Administration (If applicable) o c" a c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or iLb.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 0 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 Fonn RW-02 rev.1011112011 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 Judy Kay Galen 763 Erford Road Camp Hill PA 17011 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 Representatives)of the ecedent,the Petiti ner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed beforeAll Date� — me this da ate c— By: C.:.o.—Date For the Registe %C3 Date Tom-, O D rn rs1 BOND Required:0 YES S• NO To the Register of Wills: > (n FEES: Please enter my appearance by my signature bell: '*t -71 Letters. . . . . . . . .. . . . . . . . . . . . . $ Attorney Signature: (A r m ( )Short Certificate(s).. . . . . ( )Renunciation(s).. ... . . . . ( )Codicil(s). . . . . . . . . . . . . V ( }Affidavit(s).. . . . . . . . . . . Bond.... .. .. . . . . . . . . . . . . . . . . Prin(e/Name: Elizabeth B.Place,Esq. Commission. ... ... . . . . . .. ... . Supreme Court Other . . . .. . ID Number: 446$2 . . .. . . Firm Name: SkarlatosZonarich LLC Address: 17 S.2nd St.,Floor 6 Harrichnro PA 17101-2053 . . . . . Phone: (717)233-1000 Automation Fee. ... . . . . . . . . . . . Fax: (717)233-6740 JCS Fee. . . ... . .. ... . . . . . . . . . Email: ehj2 skarlatoszonarirh corn TOTAL. ... . . ....... . . .... . . $ DECREE OF THE REGISTER i t Estate of Gerald John Galen File No: -14-104-7 x"-7 a/k/a:Gerald J.Galen AND NOW, ' `Ioybe-Y. , k4 ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Judy Kay Galen in the above estate and(if applicable)that the instrument(s)dated September 30 1999 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. a�j A/miW1 I1(e ister of V lls '' bAv.),T , Form RW-02 rev.10/11/201! age 2 of 2 RECORDED OFFICE OF REGISTER O F i 1 ELSLAST WILL AND TESTAMENT �Q1 a ,19 F1 9 32 OF ER; /} GERALD JOHN GALEN CLEfifi Ol- ORPHANS' Colk.!1711 I, Gerald John Galen, of Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make,publish and declare this to be my Last Will and N Testament, hereby revoking all Wills and Codicils by me at any time previously made. N 6 0 Q 0 FIRST In ir I direct the payment of my just debts and expenses of my last illness and funeral from = my estate as soon after my death as conveniently may be done. If there be no cemetery lot Lavailable for my interment owned by me at the time of my death,I authorize my personal Xrepresentative to purchase such cemetery lot with a contract for perpetual care, using therefore m funds from my estate in such amount as my personal representative shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot W so purchased to be vested in such person as my personal representative shall designate. W U) W Further, I authorize my personal representative to expend funds from my estate, in such o amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. 0 In W F In SECOND U J ZI give and bequeath my collection of collectors tapes and my audio equipment to my sister, Dorothy Marie Cress. Z Q Z Q 'i[BB D I give, devise and bequeath all the rest of my property, real, personal and mixed, to Judy LL Kay Galen,my wife, if she survives me by thirty days. If my wife does not survive me by thirty days, I give, devise and bequeath all the rest of my property, real,personal and mixed, in equal shares, as follows: A. One-half to my daughter,Darlena Marie Miller. B. One-half to my Trustee to hold in trust for the benefit of my son,Peter John Galen, and to hold and distribute the assets as follows: Page 1 1. During the life of my son,Peter John Galen,to pay to said child, or to others for his benefit, as much of the income as my Trustee deems advisable for his maintenance, education,health and support, after first considering funds available to him from other sources. Any unexpended income shall be added to the principal at the end of each year. 2. During the life of my son,Peter John Galen, to pay to said child, or to others for his benefit, as much of the principal as my Trustee deems advisable for his maintenance, education,health and support, after first considering funds available to him from other N sources. N N 0 3. I direct my Trustee that in exercising discretion in paying income or principal to or for the benefit of my son,Peter John Galen, it is my intention that in addition to and a notwithstanding any other applicable considerations of my Trustee, my Trustee shall take into consideration the income, earning capacity,resources and other sources of receipt of my son,together with any other factor which the Trustee may deem pertinent, ir including the accustomed manner of living of my son. It is my intention that any such N payment of income or principal shall supplement,rather than supplant, other resources N available to my son or for his benefit, and shall provide for basic support only to the CO extent such other resources shall prove inadequate or be discontinued. The judgment of Ci the Trustee as to the propriety and amount of all such payments shall be conclusive. a 4. Upon the death of my son,Peter John Galen, the trust shall terminate and the remaining principal and any accumulated and undistributed income shall be paid outright to my W daughter,Darlena Marie Miller, if she is then living, and if she is not then living, to her $ issue then living, per stirpes. 0 W W FOURTH N U All shares of principal and income hereby given shall be free from anticipation, z assignment, pledge or obligation of the beneficiaries and any of them, and shall not be subject to Zany execution, attachment, levy or sequestration or other claims of the creditors of said a beneficiaries or any of them. Z Q. N FIFTH W o 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. SIXTH All death taxes (and interest and penalties thereon) imposed as a result of my death upon the property passing under my Will, and upon assets held in any qualified or non-qualified Page 2 deferred compensation plan or IRA., and proceeds of insurance on my life, but not otherwise, shall be paid out of my residuary estate, each share thereof,to bear a pro rata portion of such taxes. I authorize my Executor, in my Executor's sole discretion,to make an election, in whole or in part, to cause a Pennsylvania Inheritance Tax to be payable by my estate on property passing to or for the benefit of my spouse or to defer the Pennsylvania Inheritance Tax on such property. My Executor shall be without liability to anyone for making or failing to make such election. N N 0 SEVENTH a a My Executor shall have the following powers in addition to those conferred by law until all property is distributed: Q N (a) To retain any real or personal property in the form in which it is received. N N (b) To sell at public or private sales for cash and/or credit,to exchange, and to lease ofor any period of time, any real or personal property and to give options for such sales, d exchanges, or leases. W W W R (c) To purchase all forms of property, including but not limited to stocks, bonds, W notes and other securities, common trust funds, life insurance policies and real estate, or any 0 variety of real or personal property, without being confined to so-called legal investments and o without regard for the principle of diversification. N (d) To purchase securities at a premium or discount and to charge such premium or d credit such discount to principal or income. J J Z (e) To exercise any option arising from the ownership of any investment; to join in Zany recapitalization, merger, reorganization, liquidation, dissolution, consolidation or voting trust plan affecting any investment; to delegate powers with respect thereto; to deposit securities under agreements and pay assessments;to subscribe for stock and bond privileges; and generally to exercise all rights of security holders. W 4 (f) To hold property unregistered or in the name of a nominee. 4 O (g) To mortgage, divide, alter,repair and improve real property and generally to exercise all rights of real estate ownership. (h) To distribute in cash, in kind, or partly in each, and to cause any share to be composed of cash,property, or undivided fractional shares in property different in kind from any other share. (i) To compromise claims by or against my estate including but not limited to tax Page 3 issues and disputes, without order of court or consent of any party in interest and without regard for the effect of such compromise on any interest hereunder. 0) To borrow money and to pledge any real or personal property as security for the repayment thereof. (k) To apply income for the benefit of any incapacitated individual to whom income may or must be distributed for any reason during the period of incapacity. Income not so N applied may be distributed to a custodian or accumulated, invested and if not sooner applied, N paid to such individual upon gaining capacity. OD 0 (1) To join with my spouse or my said spouse's personal representative in filing any a joint income tax return and to oin in an gifts made b m said spouse for gift tax purposes J � J any Y Y p g P p even if this may result in additional liabilities for my estate. Any income or gift taxes due on U) such returns and any deficiencies, interest, penalties or refunds thereon shall be allocated < between my estate and my said spouse or my said spouse's estate, or all to any of them, in such Nmanner as my Executor and my said spouse or my said spouse's personal representative may N N agree. X 0 M (m) To apply expenses of my estate permitted as income tax or real estate tax a deductions and to value my estate for estate tax purposes by any method permitted. W W W (n) To employ accountants, agents, attorneys, investment counsel, brokers, bank or atrust company to perform services for and at the expense of my estate and to carry or register o investments in the name of the nominee of such agent, broker, bank or trust company. The o expenses and charges for such services shall be charged against principal or income. My N Executor is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, attorneys, investment Lncounsel, brokers, bank or trust company, so long as my Executor exercises due care in their selection. The fact that an Executor may be a member, shareholder or employee of any z accounting, investment, legal or brokerage firm, agent or bank or trust company so employed z shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect in any manner the amount of or the right of my Executor to receive commissions Z as a fiduciary. Q W (o) To invest any part of my residuary estate in, or lend money to, any closely-held 4 business in which I may have an interest at my death for any purposes incident thereto, o including but not limited to expansion and entry into new fields of business provided that only assets actually invested in such business shall be liable for the debts incurred in its operation. (p) To disclaim any interest in property without court approval. EIGHTH (a) I appoint Judy Kay Galen, my wife, Executor. If my said wife fails to qualify or Page 4 a S ceases to act for any reason,I appoint PNC Bank,National Association,Executor in her place. (b) I appoint PNC Bank, National Association, Trustee. (c) Neither my Executor nor my Trustee shall be required to post security in any jurisdiction. IN WITNESS WHEREOF,I have set my hand and seal to this, my Last Will and Ln N Testament, this ..3 U day of S E T C/ ee_& , 1999. 6 0 aQ. A (SEAL) a Gerald John � en fi N Signed, sealed, published and declared by the above-named Testator, as and for his Last X Will and Testament in the presence of us, who have hereunto subscribed our names at his orequest as witnesses thereto, in the presence of said Testator and of each other. n: W WITNESS: W 'Z a 0 0 0 m W U a U J J z I, Gerald John Galen,the testator whose name is signed to the attached or foregoing z instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; and that I signed it willingly and z as my free and voluntary act for the purposes therein expressed. a W U U 4 o Gerald John Garen a J COMMONWEALTH OF PENNSYLVANIA COUNTY OF DA}UN y�PEO �-* On thiJaNay of� Mbe ,1999, before me,the undersigned officer, personally appeared Gerald John Galen,known to me(or satisfactorily proven)to be the Page 5 person whose name is subscribed to the foregoing Last Will and Testament, who acknowledged that he executed the same as his Last Will and Testament. 5M ., Notarial seal �`J UGiJ dppenheffer,Notary Public sburg,Dauphin County Notary P blic 4• fiigsic�n Expires Oct.9,2000 nnsylvania Association of Notaries N _ . Wei�) i� s�1!t'�and �Or �er��� the f witnesses whose names are signed to the attached or fore oing instrument, being duly qualified o ' according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will and Testament; that the testator signed willingly and executed it a as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. N I N ( (SEAL) Residing at: � L X 0 O �— ° "^'. (SEAL) Residing at: W w W rc f N W a- Subscribed and sworn to before me by both witnesses, o this day of , 1999. W f Nota Pub is J f.' J _ W Z (n — Z a Notarial seal Charity Koppenheffer,Notary Public Z Harrisburg,Dauphin County a My Commission Expires Oct.9,2000 N ember,Pennsylvania Associat on o otar es W U LL LL 0 Q J Page 6 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA OF CU No. 2014- 01047 PA No. 21- 14- 1047 .� Estate Of: GERALD JOHN GALEN O D Z (First,Middle,Last) V alk/a: GERALD J GALEN Late Of: EAST PENNSBORO TOWNSHIP " CUMBERLAND COUNTY Deceased 1750 Social Security No: WHEREAS, on the 4th day of November 2014 an instrument dated September 30th 1999 was admitted to probate as the lam will of :z, M GERALD JOHN GALEN o (First,Middle,Last) M a/k/a GERALD J GALEN rte- _ m s M cn ? C) late of EAST PENNSBORO TOWNSHIP, CUMBERLAND County, who died on the 27th day of August 2014 and, co WHEREAS, a true copy of the will as probated is am eac'ed h retI 3 C) THEREFORE, I, LISA M. GRAYSON, ESQ. Register of VYlls in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: JUDY KA Y GALEN 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, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 4th day of November 2014. a �ReQister of Will D put **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)