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HomeMy WebLinkAbout03-31-15 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)th( following and respectfully requests the grant of Letters in the appropriate form: RICHARD L.JOYCE Decedent's Information Name: LAWRENCE T JOYCE File No: 21 -15 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 03119/2015 Age at Death: 96 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 207 RUNSON ROAD,CAMP HILL 17011 CAMP HILL Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at HOLY SPIRIT HOSPITAL 17011 CAMP HILL 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 $ 10,000.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania $ lfnot domiciled in Pennsylvania................. Personal property in County $ Value of real estate in Pennsylvania........... $ 70,000.00 TOTAL ESTIMATED VALUE$ 80,000.00 Real estate In Pennsylvania situated at 207 RUNSON ROAD,CAMP HILL 17011 CAMP HILL Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ❑X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 12/04/2002 and Codicil(s) thereto dated (State relevant circumstances,e.g.,renunciation,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not a par%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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �X NO EXCEPTIONS❑EXCEPTIONS ❑B. Petition for Grant of Letters of Administration (If applicable) c..a.;dAn.; . .n.c..a.;peciente life,-durante absentia;durante moron a e 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 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. F] NO EXCEPTIONS❑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 E> CJn rn , +TO :3 67.) v tX'"a U3 C-7 ryi rn � V­, N l ^T 3 C 'ti'1 Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. :7;3 C.SJ ';ge`1 of 2 trill Oath of Personal Representative Official use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address C=> 45 RICHARD L.JOYCE 60 MARANATHA DRIVE C 171'1 n MARYSVILLE,PA 17053 t� �_ O M' CIO t=- rn CO The Petitioners)above-n.,amed swear(s)or affirm(s)the statements in foregoingg Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the D '&Ore P titioner )will well and truly administer the estate according to law. Sworn to or affirmed and s`bscribed before Date me da i of Date By Date For fire Register - Date I . BOND Required? !D Yes No To the Register of Wills: FEES Please enter my appearance by my signature below: Letters............................................ $ lc�to v Attorney Signa u O Short Certificate(s).......... f c C ( )Renunciation(s)............... ( )Codicil(s)......................... ( )Affidavit(s)....................... Pri ted Name: LISA MARIE COY E Bond.............................................. Supreme Court Commission................................... ID Number: 53788 Other Firm Name: Coyne&Coyne,P.C. Address: 3901 Market Street 1 Camp Hill,PA 170114227 Phone: 717/737-0464 Automation Fee............................. Fax: 717/737-5161 JCS Fee......................................... U TOTAL........................................... $ 0, � E-mail: lisa@coyneandcoyne.com DECREE OF THE REGISTER Date of Death: 03/19/2015 Social Security No: Estate of LAWRENCE T JOYCE File No: 21 -15 -59 ' a/k/a: AND NOW, p C i �bS in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters testamentary are hereby granted to RICHARD L.JOYCE in the above estate and(if applicable)that the instrument(s)dated 12/04/2002 described in the Petition be admitted to probate and filed of record as t e last Will(and Codicil(A)of Decedent. R glster of Alls Copyright(c)2011 form software only The Lackner Gro p, nc - Page 2 of 2 LAST WILL AND TESTAMENT OF C") r1 C rn cM M ,, LAWRENCE T. JOYCE I, LAWRENCE T. JOYCE, of Enola, Cumberland County, Pennsylviania, 6iind-If*n sound and disposing mind and memory, do hereby make, publish and declare this for and as my Last Will and Testament hereby revoking any and all Wills or Codicils by me at any time heretofore made. ITEM I- I am married to ADELINE M. JOYCE, and all references to my wife in this Will are to her. I have five children and they are described in this Will collectively as "my children" and eight grandchildren and they are described in this Will collectively as "my grandchildren". ITEM II - I give my tangible personal property and all insurances thereon to my wife, ADELINE, or, if she does not survive me, I give said property to my children who are living at my death to be divided equally among them as they determine or, if they are unable to agree, as my Executor shall determine, after consulting the wishes of my children. If my Executor does not agree as to the equal division of the property, Page 1 of 8 Initial /- 7- I direct that the property be sold at public sale and the net proceeds be divided equally among my children. I have complete confidence that my wife or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed should be sold and the proceeds added to my residuary estate and pass as hereafter described. ITEM III - All the rest, residue and remainder of my Estate, real, personal and mixed, I give to my wife, ADELINE. ITEM IV - In the event my wife, ADELINE, does not survive me, all the rest, residue and remainder of my Estate, real, personal and mixed, I give to my five children, in equal shares. ITEM V- In the event any of my children does not survive me, I give his or her share as the case may be to his or her respective children (my grandchildren), IN TRUST, nevertheless, in equal shares, IN SEPARATE TRUSTS, as follows: a. To pay to or apply for the benefit of each respective grandchild, all or such parts of the net income and up to 50%of the principal of his or her respective Trust in convenient installments as my Trustee in his/her sole discretion shall determine for the maintenance, health, Page 2 of 8 Initial Z , education and welfare of each grandchild until each grandchild attains the age of 25 years. b. At the time each grandchild attains the age of 25 years, he or she shall receive fifty percent (50%) of the balance of the principal and any accumulated income from his or her respective Trust. C. To pay the income at least annually to each respective grandchild from his or her respective Trust after each grandchild attains the age of 25 years, until each grandchild attains the age of 30 years. d. To pay the balance of each respective Trust to each respective grandchild at the time each respective grandchild attains the age of 30 years at which time the respective Trust of each respective grandchild shall terminate. ITEM VI - Anything in this Will to the contrary notwithstanding, no trust created herein shall continue beyond twenty-one (2 1) years after the deaths of the last to die of my issue (children and grandchildren) living at the time of my death. Page 3of8 Initial Z , T-4 ITEM VII - (1) 1 name as my Executor, my son, RICHARD. In the event he does not survive me or elects not to serve, I name my son, DAVID, as my successor Executor. (2) 1 name as my Trustee, my daughter, DEE DEE JOYCE. In the event she does not survive me or elects not to serve, I name as my successor Trustee, my son, ROBERT A. JOYCE. ITEM Vill - I give to my Executor and to my Trustee named in this Will or any Codicil hereto or to any substitute Executor or Trustee all of the powers now applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular, through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created in this Will or any Codicil hereto and until the completion of the distribution of the assets of such trusts, such powers to include but not be limited to the following: 1. To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; Page 4 of 8 Initial /-, T. 2. To sell, exchange, partition or lease for any period of time real or personal property and to give options therefor for cash or credit, with or without security; 3. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 4. 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; 5. To engage in litigation and compromise, arbitrate or abandon claims; 6. 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 as to make reasonable determinations of current values; Page 5 of 8 Initial Z-. 7. 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; 8. To retain uninvested cash, in such amount and for such period of time as the fiduciary shall deem advisable for the proper administration of the property; 9. To maintain reasonable reserves for depreciation, depletion, amortization and obsolescence; and 10. To amortize or not to amortize premiums and discounts on interest-bearing bonds and like obligations. ITEM IX - If at any time any trust created hereunder shall be of such value that, in the opinion of my Trustee, the administration expense of holding the assets contained therein in trust is not justified, my Trustee, in his or her absolute discretion, ' may terminate such trust and distribute the trust property to the person or persons then entitled to receive or have the benefit of the income therefrom or the legal Page 6of8 Initial o t �. representative of such person. If there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion in which they are beneficiaries or if no proportion is designated, in equal shares to such beneficiaries. ITEM X - If there be any property located outside the Commonwealth of Pennsylvania, in which I may have an interest at the time of my death, which cannot be conveniently administered as provided herein, then I authorize, but do not require, my Executor to appoint a bank or trust company with trust powers, to administer such property according to the terms of this Will. ITEM XI - My Executor and Trustee are authorized and empowered to retain, either permanently or for such period of time as my Executor or Trustee may determine, any assets, including the capital stock of any closely held corporation,which at any time shall come into the possession of my Executor, or my Trustee as a part of any Trust created herein, whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. ITEM XII - No interest of any beneficiary under this Will, any Codicil hereto, or any Trust created herein shall be subject to anticipation or to voluntary or involuntary alienation. Page 7 of 8 Initial ITEM XIII - All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Executor and Trustee to pay all such taxes at such time or times as deemed advisable. ITEM XIV - Wherever the context requires, singular and plural, and masculine, feminine and neuter, shall be interchangeable. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 44 day Of D C?G M L Y , 2002. (SEAL) LAWRENCE T. JOYCE WITNESSES: residing at�ILL� j �esiding at Page 8 of 8 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND WE, LAWRENCE T. JOYCE, LtC K bSr--f d K , and Lk' n dSGy I OJ , the TESTATOR and WITNESSES 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 had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. LAWRENCE T. JOYCE,(tes4ator WITNESSES: Subscribed,sworn to,and acknowledged before me by LAWRENCE T. JOYCE,the Testator, and subscribed and sworn to before me by 14(frber-- G 1?il1Dnj(Y and Lindsay I N10 i I ,witnesses,this H day of 2002. Notary Public NOTARIAL SEAL BARBARA J. KOCHER, Notary Public Camp Hill Boro,Cumberland County My Commission Expires Oct.22,2005