HomeMy WebLinkAbout12-05-14 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 II (� (�
Name: Kenneth M.Hale,Jr. File No: I 14 I —r(--)
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: November 19,2014 Age at death: 65
Decedent was domiciled at death in Cumberland County, pA (state)with his/her last
principal residence at 700 Newburg Road Shippensburg Southampton Township Cumberland County.PA
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 700 Newburg Road Shippensburg Southampton Township Cumberland County,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 $ 500,000.00
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania......................................................... $ 0 ,0 .
Zu—
TOTAL ESTIMATED VALUE. ... $I#000,000.00 "
Real estate in Pennsylvania situated at: 700 Newburg Road Shippensburg Southampton Township Cumberland County,PA
(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)aver(s)MhWthey ikare the Executor(s)named in the last Will of the Decedent,dated May 3,2012, and Codicil(s)
thereto dated not applicable William E Masemer died September 14, 2013
State relevant circnmstances(e g.renunciation,death of executor,etc) r=
Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,w io�uparty to 21 ndinff,>
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and didpgt Tve.5 childbArn qn
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. p. r— �
NO EXCEPTIONS (:)EXCEPTIONS ? C r7
Q B. Petition for Grant of Letters of Administration (If applicable) c-)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante abs6nti4E31urante Ynin0rita
l rn
If Administration,c.t.a. or db.n.c.t.a.,enter date of Will in Section A above and complete liL If ;;irs.
T N Cn
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as refined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
0 NO EXCEPTIONS C)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
Forn:RW-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
ORRSTOWN BANK
By 75 East King Street,Shippensburg,PA 17257
Executive E. F4guePresident
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 Petitionerswill well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before Date l S l
me this�� day of I-ev, 201 Phi lip E. Fague Date
By: am I kD h {�� Executive Vice President Date
For the Register Date
BOND Required: Q YES (D NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters. . . . .. . . . . . .. . . . . . . . . . $ 660.00 Attorney Signature:
( 12)Short Certificate(s).. 60.00 ;
( )Renunciation(s)... .... . .
( )Codicil(s). . . . ... . . . . . .
( )Affidavit(s).. . . ... . . . . .
Bond.. . . . . . . .. .. .. . . ... . . . . . Printed Name: Joel R.Zullinger
Commission. . . . . . . .. . . . . . . . .. Supreme Court C M C-
C) C7
Other . . .... . . ID Number: 17516 3-_ r7
Inver ory -� c-) CO
Return . . . . . , 5.00 Firm Name: 14 North Main Street � rte-- M
Will . . . .. . . . 15.00 Address: Suite 200 C-n
... . . . . . Shipnen-burg,PA 1724 � %` _ C>
. . . . . . . . Phone: 717-264-6029 cA M
�
Automation Fee. .. . . . . . . .. .. . . C,Fax: 717-264-1884 tV
JCS Fee. . . . . . . . . . . . .... . . .. . Email: d7-iillingerrn�ger-davis.ccm
TOTAL. . . . . .. . . . . ... . . . . . . . $
805.50
DECREE OF THE REGISTER l I
Estate of Kenneth M.Hale,Jr. File No: �l 14 -1 i
a/k/a:
AND NOW, r .) ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters testamentary
are hereby granted to Orrstown Bank
in the above estate and(if applicable)that
the instrument(s)dated May 3 2012
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
my(M-roo--)
g ster of Wills
Form RW--02 rev.1011112011 'age 2 of 2
" JRZ - 5 . 1 hale. 1 April 25, 2012
RECORDED OFFICE OF
REGISTER OF FILLS
2014"DEC 5 RM 9 27
CLERK OF LAST WILL AND TESTAMENT
9RP'HAN.S' COURT
GUMBERLAND CO., PA
I, Kenneth M. Hale, Jr. , of 700 Newburg Road, Shippensburg,
Pennsylvania, being. of sound and disposing mind, memory and
understanding, do hereby declare this to be my will, hereby
revoking any and all former wills and codicils thereto by me
heretofore made.,
I.
I direct that all my just debts and funeral expenses,
including all expenses of my last illness, shall be paid from my
estate as soon as practicable after my decease as a part of the
expense of the administration of- my estate.
II.
I give and devise my home situate at 700 Newburg Road,
Shippensburg, Pennsylvania, and the contents thereof to William E.
Masemer, if he survives me.
III.
I give and bequeath the sum of $600, 000 . 00 cash to William E.
Masemer, if he survives me.
r .
IV.
I give, devise and bequeath the residue of my estate of every
nature and wherever situate to Orrstown Bank with principal offices
in Shippensburg, Cumberland County, Pennsylvania, IN TRUST,
nevertheless, for the following uses and purposes :
A. The trustee shall pay in each tax year of this trust an
amount (herein the "Distribution Amount") equal to five
(50) percent of the average of the fair market values of
the assets of the trust as of the close of the last
business day of the trust' s three previous tax years (or
such lesser number of tax years as are available for the
first three tax years of the trust) . In the case of a
short tax year, the distribution shall be calculated as
set forth in subparagraph B. below. In the case of
contributions to or distributions from the trust,
including initial funding, the Distribution Amount shall
be determined as set forth in subparagraph C. below.
B. For a short tax year, the Distribution Amount shall be
based upon a prorated portion of the Distribution Amount
set forth above comparing the number of days in the short
tax year to the number of days in the calendar year in
which the short tax year is a part.
C. In a tax year in which assets are added to or distributed
from the trust (other than the Distribution Amount)
Page 2
(hereinafter "Adjustment Year") , the Distribution Amount
shall be increased (in the case of a contribution) or
decreased (in the case of a distribution) by an amount
equal to five (50) percent times the fair market value of
the assets contributed or distributed (as of the date or
dates of the contribution or distribution) , multiplied by
a fraction, the numerator of which is the number of days
from the contribution or distribution to the end of the
tax year and the denominator of which is the days in the
tax year. Further, the year-end values for the two tax
years preceding the Adjustment Year shall be increased by
the amount of such addition, or decreased by the amount
of such distribution, for purposes of computing the
average values used in determining the Distribution
Amount for years following the Adjustment Year.
D. All computations of the trust' s assets' fair market
value, or the value of any contributions or distributions
as set forth above, shall include accounting income and
principal, but no accruals shall be required. If the
trust includes assets for which there is not a ready
market, the trustee shall adopt such method of valuation
as trustee deems reasonable in trustee' s discretion under
the circumstances .
E. In addition to the Distribution Amount as determined
above, the net accounting income earned in my estate and
allocable to the residue shall be paid to the trust, and
Page 3
college education. Before funding additional
students, the trustee shall take into account the
number of students it is currently obligated to and
the amount of funds available each year. All
distributions shall be in the sole and absolute
discretion of the trustee.
a. The trustee will create an advisory committee
to aid in its determination of appropriate
scholarship recipients; such committee shall
consist of the high school principal, guidance
counselor and trust officer of Orrstown Bank.
b. A student shall lose eligibility for
additional funding if he or she becomes a
part-time student, fails to maintain
satisfactory academic progress (in the sole
opinion of the trustee) and has not previously
withdrawn from his or her undergraduate
program.
C. The trustee shall pay a student' s full
tuition, room and board, and the cost of books
and other academic supplies after taking into
account any other scholarships and grants the
student may receive.
I . This trust shall be known as the Hale Family
Foundation.
Page 5
V.
Any fiduciary under this will shall have the following powers
in addition to those vested in them by law and by other provisions
of my will applicable to all property whether principal or income,
including property held for minors, exercisable without Court
approval, and effective until actual distribution of all property:
A. To retain any and all of the assets of my estate, real or
personal, without regard to any principle of
diversification of risk.
B. To invest in all forms of property including stock,
common trust funds and mortgage investment funds without
restriction to investments authorized for Pennsylvania
fiduciaries as they deem proper, without regard to any
principle of diversification of risk.
C. To sell at public or private sale, to exchange or to
lease for any period of time any real or personal
property and to give options for sales, exchanges or
leases, for such prices and upon such terms or conditions
as they deem proper.
D. To allocate receipts and expenses to principal or income
or partly to each as they from time to time think proper.
E. To compromise any claim or controversy.
F. To distribute in cash or in kind or partly in each.
G. To hold property in their names without designation of
any fiduciary capacity or in the name of a nominee or
Page 6
unregistered.
VI.
I direct that all taxes that may be assessed in consequence of
my death of whatever nature and by whatever jurisdiction imposed,
shall be paid from my residuary estate as a part of the expense of
the administration of my estate.
VII.
The interest of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary alienation;
and the principal and income shall be paid by the trustee or
,guardian directly to or for the use of the beneficiary entitled
thereto, without regard to any assignment, order, attachment or
claim whatever.
VIII.
I appoint William E. Masemer as executor of this my will .
Should William E. Masemer predecease me, fail to qualify or cease
to act, I appoint the Orrstown Bank of Shippensburg,' Pennsylvania;
as executor of this my will.
Page 7
IX.
No bond shall be required of any fiduciary hereunder in any
jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, consisting of nine typewritten pages, the
first seven of which bear my signature in the margin for the
purpose of identification this 3rd_ day of
Mai Z ora
(SEAL)
Signed, sealed, published and declared by the above-named
testator as and for his last will and testament in our presence,
who in his presence, at his request and in the presence of each
other have hereunto set our hands as attesting witnesses
o/Li 8 b-4, Cxdl'46�,
We, Kenneth M. Hale, Jr. , —Fri UQ and
SUL , the testator and the witnesses respectively,
whose names are signed to the attached or foregoing instrument,
being first duly sworn, do hereby declare to the undersigned
authority that the testator signed and executed the instrument as
his last will and testament and that he executed it as his free and
Page 8
voluntary act for the purposes therein expressed and that each of
the witnesses, in the presence and hearing of the said testator
signed the will as witnesses and to the best of their knowledge
said signer was at that time eighteen years of age or older, of
sound mind and under no constraint or undue i fl ence.
Te
w
Witness
Witness
Subscribed, sworn to and acknowledged
before me by the above-named signer and
subscribed and sworn to before me by the
above-named witnesses this day of
2¢ ,_
AYWI )01—M
Nota y _'Piublic
COMMONWEALTH 9F BE
Notarial Seal
Angela M.Schaeffer,Notary Public
Shippensburg Boro,Cumberland County
My Commission Explres may 15,2o15
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
Page 9
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
y of CUM
No. 2014- 01148 PA No. 21- 14- 1148
J Estate of: KENNETH M HALE JR
O Z (First,Middle,Last)
� v
Late Of: SOUTHAMPTON TOWNSHIP
CUMBERLAND COUNTY
r
Deceased
7750 Social Security No:
WHEREAS, on the Sth day of December 2014 an instrument dated
May 3rd 2012 was admitted to probate as the last will of
KENNETH M HALE JR s
/first,Middle,Lastl CM
Co h
late of SOUTHAMPTON TOWNSHIP, CUMBERLAND County, M
who died on the 19th day of November 2014 and t)-
Z M C-q M M
WHEREAS, a true copy of the will as probated is anne,,�`e(")d hPretc�, a
.
THEREFORE, I, LISA M. GRAYSON, ESQ. Regi er �"df iAll* 3h and
CO
for CUMBERLAND County, in the Commonwealth of Pennsylt>`ania, here rn
N fn O
certify that I have this day granted Letters TESTAMENTARY to:
ORRSTOWN BANK
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 5th day of December 2014.'
eg ster of Wi
ly
1'�PkA
D ut
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)