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Home My WebLink About05-12-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF L~TT~RS Estate of FLORENCE N. VIPOND No. 1-1- 0 5-0440 also known as Deceased Social Security No. 107-16-6337 Jonathan Vipond, III and Wilminqton Trust Company Petitioner(s). who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) [K] A. Probate and Grant of Letters and aver that Petitioner{s} are the executors named in the Last Will of the Decedent, dated October 2. 1998 and codicills) dated State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: D B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) 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: Name Relationship (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 1 Lom:Jsdorf Way. S. Middleton Township. Carlisle, PA 17013. (list street, number and municipality) Decedent, then 87 years of age, died March 21. 2005, at Cumberland CrossinQs Retirement Community. iLoc&tionl Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property ................................................................$ 1.000.000.00 (If not domiciled in PAl Personal property in Pennsylvania...............................................$ (If not domiciled in PAl Personal property in County.......................................................$ Value of real estate in Pennsylvania......... ............................... ............................... ............................ $ T otal................. ............. ....................... ....... ....................... .............. ......... ........ ........ .... ..$ 1,000.000.00 Real Estate situated as follows: Wherefore. Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s} presented with this Petition and the grant of letters in the appropriate form to the undersigned: ti'i-Ilt>>t- .~ Typed or printed name and residence Jonathan Vipond, III 3728 Lisburn Rd. Mechanicsbur , PA 17055 Wilmington Trust Company Rodney Square North. 1100 North Market Street Wilmin ton, DE 1 9890 ~t.-c-.- Form RW-l Page 1 of 2 (Cumberland County) ~ Rev. 9/92 H105.905 REV.(OI/04) This is to certifY that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. H105.143 Rev. 2/87 TYPE/PRINT 'N PERMANENT BLACK INK ,J-( . 'J C IV '- .... Z w o w U w o u. o w ::;; <( Z WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ (J.J.. !/aJ,A Calvin B. Johnson, M.D., M.P.H. Secretary of Health Date Charles Hardester State Registrar 3404559 MAR 2 3 2005 No. \.t.~ .. COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER NAME OF OEceDENT (First. Middle. Last) twp. SEX female F T HOSPITAL: InpatillnlO Ia. FAC1L! M (If not In 'tu n, give street and number) Cgmberland Crossings Id.' . AS DECEDENT EVER IN U.S. ARMED FORCES? VesO NaUl 12. SOCIAl. SECURITY NUMBER 3. 107 16 6337 ER,lQu~Ito"'O OOAO Resldencit 0 ~t~:~ty) 0 RACE. American Indian, Black, White, et (Specify) 10.Whi te SURVIVING SPOUSE {llwife.;i.... "':IIid.n I'Iam., MARITAL STATUS - Manied, Never M8ITied, WkXlwed, Divorced (Specify) ,.Widowed ~nt 17e. iii Vea. deudant lIvad In c::: ~ i ,.,. ""1... t Q R ::n~~P? 17d. 0 WlN~th'I"n .COctud'anl~,lmived.. of 17b. Countv("11mhc:JIr1 ::tonn " MOTHER'S NAME (First, Middle, Maiden Surname) 1.. Florence V. INFORMANrS MAILING ADDRESS (Street. CityfTown, Stat" Zip Code) 20..3728 Lisburn Rd. . PLACE OF DISPOSITION. Name of Cemetery, Crematory or Other Place city/boro 2005 PA.18403 FUNERAL HOME AI -t !.-..e,,,,,,e..,,.. 1J \ ~('<, DUE TO (OR AS A CONSEOUENCE Of): Sequentialty list conditions b. if any. leading to immediate cause. Enter UNDERLYING CAUSE (Disease or injury { c. that initiated ....enls resulting on death) LAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? DUE TO (OR AS A CONSEQUENCE OF); DUE TO I AS A CONSEQUENCE OF): MANNER OF DEATH Natu,..1 ..b- Homicide 0 Accident 0 Pending In...estigatlon 0 Suicide 0 Could not be determined 0 DATE OF INJURV (Month. Day, Vur) TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. Va. 0 No 0 V"O NO~ 30.. 301:1. M. 30c. ~~~II~ ~~(k~~Y . At home. farm, street, factory, omce 21.. 21b. 21. 30.. CERTIFIER (Check onty one) SIGNA~~,~~. NO TIT:'; .'~~~~:tGJ~~~~7l.I:'='C:~~i~"uS:t:g,e:~=:(:r=3'l~~j~.~h:~~~~~~~~.~~~~.~~~.~?~~~~.~~.~~~.......... ,,,... S 31b. ~- cj( f'\l\ i) .PRONOUNClNG AND CERnFYING PHYSICIAN (Physician both pronouncing death and certifying to cause of death) LICENSE N BER _ DATE SIGNED (Month Day Year) _ Ta the but army knowl~iI., d.ath occurred at th. time, date,lI1d plac., and dueta thecau.u(s) and man,..,... .blt.d...................... 0 31c. M \ olCf7 ~..)c 31d M '-'jt. ~ I "l......v~ NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH (Item 27) Typ. ",Prtnt '--t5>7E77.. H,,...,,.,~-<..ilClt:(1 2.20;. v.IS,", ::.;- ,l ",Jl :').'1 70/.3 V.. 0 NoD 'MEDICAL. EXAMINER/CORONER ~:~:'b:~'::':~~~~~~~I~ .~.~~ ~~~~~~.~~~~:.~.~ .~~.~~~:.~~~.~ .~~~~~~.~. ~~~.~.~~.'. ~~~:. ~~~ .~~~~~'. ~~ .~.~~. ~ .~~~ .~~.~~.~~.~~ .~~.. 0 31a. REGISTRAR'S SIGNATURE AND NUMBER ~ 33 ' -.-:tz. /.'/~~ f/..&</ C~( 32. DATE FILED (Month. Day, Year) '::l __ .:::J ~ _ ,,') L /1// ,. A _ k~'. ~/~ 1315i3v--171 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that 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, Petitioner(s) will well and truly administer the estate according to law~ Sworn to and affirmed and subscribed r~ 21~::V- before me this \ 2,}l-I day of h'l A. 'l 2005 ~~ o ~! Deceasefi;. ,~.:U) :) C) C) Date of Death March 21, 2005 c.)C)-n (:)c: - :..u .....0 AND NOW, mA'-1 11- ,2005, in consideration gltf,e Petifjon on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters .>J"Testamentary D of Administration No. Estate of Social Security No: are hereby granted to I'...;> f.,~:::~;) c:::;) c:..r'~ 2J -05--440 FLORENCE N. VIPOND 107-16-6337 d.b.n.c,t.; pendente lite; durante absentia; durante minoritlte Jonathan Vipond, III and WilminQton Trust Company in the above estate and that the instrument(s) dated October 2, 1998 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . Short Certificate(s) .C..5.9.}. Renunciation................. . WILL ArriJavit ( )................. Extra Pages ( ).... ........ Codicil......................... . JCP Fee........................ Inventory...................... . ether.. A;f.~ S.............. TOTAL............... . Form AW.1 Page 2 of 2 (Cumberland County) - Rev. 9/92 $loleO ,00 ~f~~~~ $ \20.00 $ $ \ 5. DO $ $ $-10.00 $ $ 5.00 $ ~ \0.00 Attorney: Elizabeth P. Mullauqh I.D. No.: 76397 Address: 100 Pine Street, Harrisburg, PA 17101 Telephone: 717-237-5243 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that 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, Petitioner(s) will well and truly administer the estate according to law. ~~ L~ t...",,"&"-'c:.TQ-\ '"'t'\e.u.So) Sworn to and affirmed and subscribed B pr ~) 2005 ~ fv\, h" '{'.v-{ before me this ~ R 4-~ No. Estate of day of lJ-05-iLJO o (- 5~o ;;::1: ~~ ~l ';:~'~~)I Dece~d 30: "",,-'';I c.:.-:~\' c:,:~~) C.../'I ","":i::' N FLORENCE N. VIPOND \.f? Social Security No: 107-16-6337 Date of Death March 21, 2005 AND NOW, 1Y1A\j IL ,2005, in consideration of the Petition on the reverse side hereon, satis!.9ctory proof having been presented before me, IT IS DECREED that Letters..EJ Testamentary D of Administration are hereby granted to d.b.n.c.t.; pendente lite; durante absentia; durante minoritate Jonathan Vipond, III and Wilminqton Trust Company in the above estate and that the instrument(s) dated October 2, 1998 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters........................... $ to /.JJO. 00 Short Certificate(s) j ~p). Renunciation................. . Affidavil ( ~...W.lh-~.... Extra Pages ( )............ CodiciL........................ . JCP Fee........................ Inventory...................... . 9tHer.. A:. P.I~.............. TOTAL............". . Form RW.l Page 2 of 2 (Cumberland County) . Rev. 9/92 $ ILO .00 $ $ 15.00 $ $ $ 10.00 $ $ 5.00 $ ~ID.DO Attorney: Elizabeth P. Mullauqh I.D. No.: 76397 Address: 100 Pine Street, Harrisburq, PA 17101 Telephone: 717-237-5243 LAST WILL AND TESTAMENT OF FLORENCE N. VIPOND I, FLORENCE N. VIPOND, of the Borough of Carlisle, Cumberland Co~, :~~~ Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE TANGIBLE PERSONAL PROPERTY {'''.j ~ 1.1 I bequeath all my tangible personal property, including by way of illustration b~ not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, to my husband, DAVID S. VIPOND ("My Husband"), ifhe survives me. If My Husband does not survive me, I bequeath such assets to my children living at my death to be divided among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among my children, they shall take alternate turns selecting individual items with my oldest child making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. ~ 1.2 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. ~ 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. ARTICLE TWO RESIDUE ~ 2.1 I devise and bequeath all the residue of my estate to the then serving trustee of "The Florence N. Vipond Revocable Trust" created under Agreement dated November 16, 1993, by myself, as Settlor, and myself, as Trustee, as the same has been amended as of even date herewith and as the same may be further amended or restated prior to my death ("My Revocable Trust"), to be distributed in accordance with the terms of said trust agreement, or if said trust agreement is not in effect at the time of my death, in accordance with the terms specified therein on the date of this Will or of its last publication by Codicil or otherwise. ARTICLE THREE APPOINTMENT OF FIDUCIARIES ~ 3.1 I appoint my son, JONATHAN VIPOND, III, and the WILMINGTON TRUST COMPANY as Co-Executors of this Will. If JONATHAN VIPOND, III is unable or unwilling to act or continue to act, for any reason whatsoever, my daughter, LINDA V. HEATH, shall serve in his place as individual Co-Executor. The individual Co-Executor then serving shall have the right from time to time to remove the then serving corporate Co-Executor for any reason provided that the individual Co-Executor shall immediately appoint a successor corporate Co-Executor which shall be a corporation with fiduciary powers. If the individual Co- Executor shall be unable or unwilling to act or continue to act, for any reason whatsoever, the then serving corporate Co-Executor shall serve as sole Executor. All references herein to the "Executor" shall mean my originally appointed Co-Executors, my successor Co-Executors or the sole serving successor Executor, as the case may be. -2- ~ 3.2 I appoint the then serving trustee of My Revocable Trust as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FOUR POWERS OF FIDUCIARIES ~ 4.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. ~ 4.2 Any such fiduciary shall have the following powers, in addition to those given by law: ~ 4.2.1 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; ~ 4.2.2 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; ~ 4.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; ~ 4.2.4 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; ~ 4.2.5 To engage in litigation and compromise, arbitrate or abandon claims; -3- ~ 4.2.6 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 to make reasonable determinations of current values; ~ 4.2.7 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; ~ 4.2.8 To join with My Husband or his personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring him or his estate to indemnify my estate against liability for the tax attributable to his income, and to consent, for federal gift tax purposes, to having gifts made by My Husband during my lifetime treated as having been made half by me; ~ 4.2.9 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code (which statutory exemption is presently $1,000,000), 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; ~ 4.2.10 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 ~ 4.2.11 To file the appropriate election in accordance with Section 2056(b)(7)(B)(v) of the Internal Revenue Code to designate whatever portion of the assets composing my federal gross estate that the Executor, in the Executor's sole discretion, determines should qualify for the marital deduction. In making this determination, the Executor is directed to consider the present and projected financial requirements of My Husband, the expected period of survivorship of My Husband and the assets that have passed to My Husband other than under the provisions of this Will. ARTICLE FIVE PROVISION FOR TAXES ~ 5.1 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 -4- of the principal of that portion of my estate disposed of by Article Two of this Will and allocated among beneficiaries in accordance with the provisions of My Revocable Trust. 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. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest, except as provided in My Revocable Trust. Notwithstanding any provision of this Article to the contrary, 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 SIX PROVISION FOR DEBTS AND EXPENSES ~ 6.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate, shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. ARTICLE SEVEN BUSINESS INTERESTS ~ 7.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest or stock in a closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor, subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the Executor shall deem it advisable to sell, to liquidate -5- or to distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the Executor to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any business interest which I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the Executor is encouraged to pursue such election if the Executor deems such election also to be in the best interests of my estate and the beneficiaries thereof. The Executor shall have all rights and powers in connection with such business as I had when living, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the Executor deems it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the Executor. -6- ARTICLE EIGHT MISCELLANEOUS PROVISIONS ~ 8.1 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. ~ 8.2 If My Husband 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 Husband had predeceased me. If any person, other than My Husband, 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 such person had predeceased me. ~ 8.3 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. ~ 8.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-one (21) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such -7- property to a custodian for such beneficiary, whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. IN WITNESS WHEREOF, I have hereunto set my hand and seal this4~ day olJUobtr , 1998. ~~.M~ ~ tt'Fr L, (SEAL) Florence N. Vipond -8- COMMONWEALTH OF PENNSYLVANIA COUNTY OF bw1 bu Ja.ntL ss. We, FLORENCE N. VIPOND, the testatrix, and /Jb)lnlU IlllJtJ.~;J{y and /Jt;() Lv. th~r , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last Will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the Will as a witness and that to the best of his or her knowledge the testatrix was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. dI~';J;.~' I-- Florence N.~ ~~ W.'7?~~ Witness a~~~~ Witness ~~~ Subscribed, sworn to and acknowledged before me by FLORENCE N. VIPOND, the ~. latrix, and ~lEit and sworn to before me by Ann w. f'IID'S.U . ' . 'fJ/U . tur and , WItnesses, thIS day of r , 1998. ~~~. LAt~ Notary blic My Commission Expires: (SEAL) -9- ~