Loading...
HomeMy WebLinkAbout01-14-15 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: DANIEL E.BEREN File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death:DECEMBER 14,2014 Age at death: Decedent was domiciled at death in CUMBERLAND County,pENNSYLVANIA (State)with his/her last principal residence at The Woods at Cedar Run, 824 Lisburn Road,Camp Hill,PA 17011 Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at The Woods at Cedar Run, 824 Lisburn Road,Camp Hill,PA 17011 Cumberland 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 $ 1,830,000.00 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. ... $ 1,830,000.00 Real estate in Pennsylvania situated at:None (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County 0 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 August 9009 c" and�oil(s) %thereto dated c_. -U State relevant circumstances(e.g.renunciation,death of executor,etc.) _4 C.7 i ►fr7 r-6 r"+t Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not di orc@d,was not a party t6 pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(8); r}dadiii"not hav�a ch�l pim or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. s C) —4 `rt C7 NO EXCEPTIONS Q EXCEPTIONS co 7 C> B. Petition for Grant of Letters of Administration (If applicable) t�v -TI c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.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 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 Form RW-02 rev.10/1112011 Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address JOHN D. SHERIDAN 2080 LINGLESTOWN RD.,SUITE 201 HARRISBURG PA 17110 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petitionm true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Dec nt,Zthelitioney- 11 w�tly administer the estate according to aw. Sworn to or affirmed and subscribed before --� Date 5' me this 14" day of ,25 Date By: -k > Date For the Register i Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . $ C). Attorney Signature ( S )Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . / c ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . 9 Ca Bond.. . . . . .. . . . . . . . . . . . . . . . . Pri to Name: JOHN D. SHERIDANr" Commission. . . . . . . . . . . . . . . . . . Supr me Court x t rTi t"1 Other �/�/Y . . . . . . . . �ii I umber: 82275 Firm Name: SERRATELLI,SCHIFFMA§*' BIi&WN''= . . . . . . Address: 2080 T.TNGI,F.STOWN ROAD,SUM 20�— HARRTSRTIRCC,PA 1711 \3 U) Cj . . . . . Phone: 717-540-9170 Automation Fee. .. . . . . . . . . . . . . Fax: 717-540-5481 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email:Email: TSHF.RTDANn4SRC-T.AW.00M TOTAL. . . . . . . . . . . . . . . . . . . . . $ 1220.."�h` DECREE OF THE REGISTER Estate of DANIEL E BEREN File No: a/k/a: AND NOW, Q 1 -Q , c�'1 ,in con lderation of the foregoing Petition, ab• satisfactory proof hbeen presente efore me,IT IS DECREED that Letters are hereby granted to �>Cinn `D. on in the above estate and(if applicable)that the instrument(s) dated 3. Z-Cc�) described in the Petition be admitt d to probate and filed of record as the last Will(and Codicil(s))of Decedent. (99,ster of Wills Form RW-01 rev.1011112011 Page 2 of 2 REG1'STCR OF VY LS 2�1 J91> 1'it 8 23 LEN-\ .Q F M;f Afl S' C 10URT Pry WILL OF DANIEL E. BEREN WILL I, DANIEL E. BEREN, of Cumberland County, Pennsylvania, make this will, hereby revoking all my former wills and codicils. ARTICLE ONE SPECIFIC BEQUEST OF TANGIBLE PERSONAL PROPERTY §1.1 1 bequeath all my tangible personal property, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum i may prepare. If no such memorandum is located or received by the executor within sixty(60) days after being appointed as such, after conducting a reasonable search for such memorandum, the executor shall be held harmless for distributing such property as hereinafter;provided. §1.2 1 bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so located or received, to my children who survive me to be divided among them as they may agree. In the event they fail to agree, the oldest child shall select one item to be followed by the next oldest child who shall likewise select one item to be followed by the youngest child. The selection process shall continue in a like order(oldest to youngest) until all items have been selected. §1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the executor as an administrative expense of my estate. In addition, to the extent practicable in the executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. ARTICLE TWO DISPOSITION OF RESIDUE §2.1 1 devise and bequeath the residue of my estate to my then living issue,per stirpes. ARTICLE THREE TRUST FOR BENEFICIARY UNDER 35 YEARS OF AGE §3.1 Except as otherwise provided in this will, if any beneficiary (other than a child of mine or an appointee under any power of appointment granted by this will) is entitled to receive a mandatory distribution of property (other than trust income), and is under thirty-five (35)years of age, the trustee shall:hold such property for the benefit of such beneficiary, in trust, for the following purposes: §3.2 While such beneficiary is under twenty-one (2 1)years of age,the trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall apply to or for the benefit of such beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the trustee shall deem necessary or proper for such beneficiary's health, maintenance, support and complete education. The trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. §3.3 After such beneficiary attains twenty-one (21) years of age,the trustee shall continue to hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter-annual installments, or more frequently if the trustee deems it advisable,to or for the benefit of such beneficiary. - 2 - F §3.4 After such beneficiary attains twenty=6ne (21) years of age, the trustee shall distribute to or for the benefit of such beneficiary so much of the principal of the trust property as the trustee shall from time to time deem necessary or proper for such beneficiary's :health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist such beneficiary with his or her reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or of a business considered a good risk by the trustee, taking into account other available funds, including such beneficiary's assets. §3.5 At any time after such beneficiary attains twenty-five (25) years of age and prior to attaining thirty (30) years of age, such beneficiary may withdraw such sums as do not exceed one-third (1/3) of the market value of the principal of his or her trust as constituted on his or her twenty-fifth (25th)birthday, or on the later establishment of his or her trust. §3.6 At any time after such beneficiary attains thirty(30) years of age and prior to attaining thirty-five (35)years of age, such beneficiary may withdraw such sums as do not exceed one-half(1/2) of the market value of the principal of his or her trust as constituted on his or her thirtieth(30) birthday, or on the later establishment of his or her separate trust. §3.7 At any time after such beneficiary attains thirty-five (35)years of age, such beneficiary may withdraw any or all of the principal of his or her trust. §3.8 If such beneficiary dies before the complete termination of his or her trust, the trustee shall distribute the property then held in trust for such beneficiary to such persons or corporations (including such beneficiary's estate), in such amounts and upon such trusts, terms and conditions as such beneficiary by his or her last will may appoint by specific reference to this - 3 - general power of appointment; provided, however, any portion of the trust property not subject to such beneficiary's power of withdrawal immediately prior to his or her death may only be appointed to such persons or corporations (other than such beneficiary's estate, his or her creditors or the creditors of his or her estate), .in such amounts and upon such trusts, terms and conditions as such beneficiary by his or her last will may appoint by specific reference to this special power of appointment. Any property not so appointed shall be distributed to such beneficiary's then living issue, per stirpes, or if none, to my then living issue,per stirpes. If I have no issue then living, the trustee shall distribute the trust property as though my wife and I had then died unmarried and intestate, each seized and possessed of one-half(1/2) of such property and residents of the Commonwealth of Pennsylvania. ARTICLE FOUR APPOINTMENT OF FIDUCIARIES §4.1 I appoint JOHN D. SHERIDAN, executor of this will. §4.2 I appoint JOHN D. SHERIDAN, trustee of any trust created by this will. ARTICLE FIVE COMPENSATION OF FIDUCIARIES : §5.1 An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. ARTICLE SIX POWERS OF FIDUCIARIES §6.1 No fiduciary under this will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. - 4 - §6.2 Any such fiduciary shall have the following powers, in addition to those given by law: §6.3 To invest in, accept and retain any real or personal property, including stock of a closely held corporation or stock of a corporate fiduciary or its holding company, without restriction to legal investments; §6.4 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §6.5 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §6.6 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; §6.7 To engage in litigation and compromise, arbitrate or abandon claims; §6.8 To make distributions.in cash, or in kind at current values,or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; §6.9 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated :investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen; §6.10 To make elections, decisions, concessions and settlements in connection with all income,estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; §6.11 To payoff any loans I may have taken against any life insurance policies owned by me that remain unpaid at the time of my death; §6.12 To allocate, in the executor's sole and absolute discretion, any portion of my exemption under section 2631(a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; - 5 - i §6.13 To disclaim any interest I may have in any estate if the executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof, and ARTICLE SEVEN PROVISION FOR TAXES §7.1 All estate taxes, inheritance taxes,transfer taxes and other taxes of a similar nature,payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the executor out of the principal of that portion of my estate disposed of by ARTICLE TWO of this will, and all interest with respect to any such taxes shall be paid by the executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the executor, without reimbursement from or apportionmenVamong the beneficiaries, recipients or owners of such property for any such taxes, . penalties or interest; provided, however, except as hereinafter indicated, the executor shall not pay any such taxes,penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property. ARTICLE EIGHT MISCELLANEOUS PROVISIONS §8.1 Any term used in the singular or plural, or in the masculine, feminine or neuter form, shall be singular or plural, or masculine, feminine or neuter as a proper reading of this will may require. - 6 - §8.2 As used in this will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986,as amended from time to time, or the corresponding provision of subsequent law. §8.3 If at the time a mandatory distribution of property from any trust created by this will would otherwise be made to a beneficiary for whom there is in existence any trust (other than the trust from which such distribution is made) created by this will for the benefit of such beneficiary, the property otherwise to be distributed to such beneficiary shall be added to, form a part of, and be distributed in accordance with the terms of the trust herein created for such beneficiary. §8.4 Whenever the trustee is authorized or directed to distribute property "to or for the benefit of any beneficiary under the age of twenty-one (2 1)years, the trustee may distribute such property to the person who has custody of such beneficiary, may apply such ;y . property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary,whether then serving or selected and appointed by the trustee (including the trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act,may distribute such property to a guardian of such beneficiary's estate, or may distribute such property directly to such beneficiary, without liability on the part of the trustee to see to the application of such property. §8.5 Except as otherwise may be provided in this will, during the continuance of any of the trusts created under the provisions of this will, and thereafter until the property is distributed to and received by.any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, and the income thereof, shall not be subject to or liable for any contracts, debts, - 7 - engagements, liabilities or torts of such beneficiary now or'hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell,assign or encumber all or any part of the principal sums or such beneficiary's interest therein respectively, or the income thereof, or to anticipate the income. X8.6 Notwithstanding any other provision of this will, upon the expiration of twenty-one (21)years after the death of the last survivor of my spouse and my issue living on the date of my death, the trusts created hereunder shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to the income of the trust property or, if there is more than one such beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. §8.7 If any trust created hereunder is (or becomes) the beneficiary of any benefits from a stock bonus,pension,profit-sharing or other retirement benefit plan or any individual retirement account(individually, a "Plan"),then as to each such Plan account: (i) The trustee shall withdraw from such Plan and take such other action as is necessary to assure that the Plan distributes to the trust annually an amount which shall not be less than the greater of(i)the amount required to be distributed by Section 401(a)(9) of the Code or Section 408(a)(6) of the Code, as the case may be, or(ii) an amount equal to the net income earned by the Plan during such calendar year; (ii) Irrespective of whether my account in the Plan is designated as principal for trust accounting purposes, the trustee shall allocate to income that portion of the - 8 - distributions received from the Plan during each annual period which is equal to the net income earned by the Plan account during such period; and :(iii) If any of the property in my account in the Plan is non-income producing or underproductive and the Plan benefits are payable to a trust for which a federal estate tax marital deduction had been claimed, the trustee shall reallocate to income from principal of the trust an amount which the trustee reasonably determines would have been earned as net income on such property if it were income producing or fully productive, as the case may be. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of L, , 2009. /L/ Joc_(SEAL) ANIEL E. BEREN - 9 - Signed, sealed,published and declared by the above DANIEL E. BEREN, as and for his last will, in the.presence of us and each of us, who, at his request and in his presence and in the;presence of each other,have hereunto subscribed our names as witnesses thereto the day and year above written. residing at /7011 residing at 117 �.4C'GGLi ;CGU �,a,�•cfo.�a �i�} 1-7672 - 10 - COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF 1, DANIEL E. BEREN, the 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 that I signed it illingly and as my free and voluntary act for the purposes therein expressed. DANIEL E. BEREN Sworn to or affirmed and acknowledged before me by DANIEL E. BEREN, the testator,this 3AB`day of &C � , 2009. (SEAL) �� Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Genevieve A.Harklns,Notary Public City of Harrisburg,Dauphin County My Commission.Expires June 30,2012 nnpmhe• Pennsylvania Association of Notaries - 11 - -1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF We, 4/9 6f4 WCil��zv and �GlS�4/✓ �ST�2dQ , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his last will; that the testator signed willingly and executed it 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 the time 18 or more years of age, of sound mind and under no constraint or undue influence. Witness Witness Sworn to or affirmed and subscribed to before me by G1 and n.-G,g� , witnesses,this 2Ad day of , 2009. (SEAL) Notary Public "MMONWF�TH OF PENNSYLVAN A Notarial Seal Genevieve A.Harkins,Notary Public City of Harrisburg,Dauphin County MY Commission Expires June 30,2012 Member Pennsylvania Association of Notaries - 12 - REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA y of cuM No. 2015- 00042 PA No. 21- 15- 0042 J 9 Estate Of: DANIEL E BEREN C D Z (First,Middle,Last) � v Late Of: UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased 9750 Social Security No: 0 WHEREAS, on the 14th day of January 2015 an instrume ,dated rn,c-) August 3rd 2009 was admitted to probate as the last will DANIEL E BEREN a M -C C; (First,Middle,Last) ' <Z> CD late of UPPER ALLEN TOWNSHIP, CUMBERLAND County, �� -n who died on the 14th day of December 2014 and �:o coo r M r- o WHEREAS, a true copy of the will as probated is annex�-Rd heret�. c" -n 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: JOHN D SHERIDAN 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 14th day of January 2015. glster of Wills epu y **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)