HomeMy WebLinkAbout03-09-06
Estate of EIJ1ER A. GROENE, JR .
also known as N/ A
PETITION FOR PROBATE and GR.~NT OF LETTERS
No. 2-D00 - 020Q
To:
Register of Wills for the
County of Cwnberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut~TS
in the last will of the above decedent, dated 1 fi' C:;eptpmRp'y' ?nn::r
and codicil(s) dated N/A
named
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in C~erland '." County, Pennsylvania, with
~i~ last family Qr J;lrincipal residence at 4?)R f,;::rmp P()~'T T ,:rn~ .
amp Hll1, FA 1/0l1 :7
(list ~treet, number and muncipali.ty)
Decendent, tpen 76' years ctf age, die~ ~ .~ ~anu9;ry.,2Q~~: . \;
at Carolyn Croxton Sloan ResTdence.. Harr:t:sJ3urg't Daupli1n County". PA
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: N/A
Decendent at death owned property with estimated values as follows: .1'
(If domiciled in Pa.) All personal property $ . l'70-~:OD.:O".
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows: None
WHEREFORE, petitioner(s) respectfully request(s) LlJe probate of the last will ~
pre~ented herewith and the grant of letters restsme-ntaT)7'
(testamentary; administration c.La.; administration d.b-.n.c.t.a.)
theron.
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PNC BANK- N.A. .
By'~~
L1.nda J. Lund13€trg
~'\5'~-i3.tnnt '"\,7'icc' Pres idcnt
OATH OF PERSON4~L REPRESENT4;\TIVE
COMMONWEALTH OF PENNSYLVANIA ;-1 ~""'
......~
COUNTY OF OJMBEPIAND
The petitioner(s) above~named swear(s) or affirrn(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 represen-
tative(s) of the above decedent petitioner(s) will well and, trulY~ a~n; er the estate according to law.
Sworn to or affirmed and subscribed r Z { ~
before me tJ;1is qM day of S1D~rpy L..~ ~.
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No. :LtJOft; - () LOt!
Estate of
ELMER A. GROENE, JR.
, Deceased
DECREE O}' PROB.L4..T.E ~~ND GRA..NT OF LETTERS
AND NOW ~ Cjlh 2.00", in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated 16 Scptembcr 2004
described therein be admitted to probate and filed of record as the last will of
Elmer A. Groene, JT.
and Letters res tamentary
are hereby granted to. SIDNEY' T,~ GROENE and PNC BA.NK, N .J1.
~df1 '-Id/v'Lt/t -M1 m~
Register cf Wm.'pA ~~
FEES
07220
182? -M ATTt-O~Y (Sl,lP. C .D. No.)
'-' -laT Ke v...reec
Camp Hill, FA - 1 '1'.,.4824
ADDRESS
$ liiJO, 00
$ 24.00
$ 16.00
$ i5.00
TOTAL _ $ 3iJ.j-, DO
. '--vYt0AdL 4 -Ih J 2- () 0 h
Filed ...................................
Probate, Letters, Etc. .........
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LAST WILL AND TESTAMENT
OF
ELMER A. GROENE, JR.
I, ELMER A. GROENE, JR., of Camp Hill, Hampden Township, Cumberland
County, Pennsylvania, declare this to be my last Will and revoke all prior Wills and
Codicils made by me.
FIRST: I am married to SIDNEY L. GROENE, and all references to my wife in
this Will are to her. I have two children: J. SCOTT GROENE (born 2 June 1957) and
DEBORA L. LEVIN (born 8 January 1963). These persons and any children born to or
adopted by them are described in this Will as "my issue." Provided, however, no
adopted person shall benefit hereunder unless the order or decree of adoption is
entered before such adopted person attains the age of twenty-one (21) years.
SECOND: I give all my tangible personal property and any insurance thereon to
my wife, if she survives me, or, if she does not, to be divided among my children who
survive me in as nearly equal shares as practical. I have complete confidence that my
wife, my surviving children and my Executors will honor any written instructions that I
may leave with regard to said tangible personal property. Any such property not so
distributed shall be sold, and the proceeds added to my residuary estate to pass as
hereafter described.
THIRD: I give the rest and remainder of my estate, real and personal, to the
then acting Trustees under my Revocable Agreement of Trust bearing the same date
as this Will and executed by me before this Will, as it may be amended at my death
(hereinafter my "Trust Agreement"), to be added to the principal held thereunder. In
any instance where a share of my estate would be distributable to a beneficiary of such
trust when received by the Trustees, the Executors may make distribution directly to
such beneficiary. In the event the said Trust Agreement had been revoked prior to my
date of death, then I give the rest and remainder of my estate to the beneficiaries as set
forth in said Trust Agreement.
Last Will and Testament of Elmer A. Groene, Jr.
Page 1 of 9
FOURTH: The Internal Revenue Code permits Executors to make elections with
respect to various taxes. I direct the Executors to make or not to make such elections,
and to exercise such other discretionary authority granted by the Code, only as the
Trustees under my Trust Agreement instruct in writing pursuant to the terms of such
Agreement.
FIFTH: My wife shall have a special power to appoint all or any portion of the
Trust during her lifetime by written document, delivered to my Trustees, referring
expressly to this Article, or by Will, validly executed and attested referring expressly to
this Article, among such other person or persons hereinafter named or described,
absolutely or in trust, as she may indicate. This special power of appointment is
exercisable only in favor of J. SCOTT GROENE and DEBORA L. LEVIN or their issue.
My wife shall have no power to appoint the principal of this fund or income accumulated
thereon to herself, her estate, to her creditors, or to the creditors of her estate. My
Trustees may rely upon an attested Will probated in any state that otherwise meets the
requirements of this Paragraph.
SIXTH: No beneficiary may assign or transfer his or her interest under this Will,
and no person with a claim against a beneficiary may reach any such interest before it
is distributed to the beneficiary.
SEVENTH: Unless paid directly from any principal held under my Trust
Agreement pursuant to a direction or discretion given in that instrument, the Executors
shall pay as an administration expense from the principal of my residuary estate before
its division into any shares or trusts all estate and inheritance taxes payable by reason
of my death with respect to all property comprising my gross taxable estate, whether or
not passing under this Will, including any tax with respect to any trust or similar
arrangement (or portion thereof) which, although created by my wife, is deemed for
Pennsylvania Inheritance Tax purposes to be a transfer by me. The foregoing direction
shall include interest and penalties on any particular tax as a part of the tax itself.
Last Will and Testament of Elmer A. Groene, Jr.
Page 2 of 9
EIGHTH: Powers of Fiduciaries and Self-Dealing.
A. In addition to powers given them by law, all fiduciaries acting hereunder,
whether or not named herein, shall have the following discretionary powers
applicable to all property held by them, effective without court order and until
actual distribution.
(1) To retain any property received by them, without regard to any principle
of investment diversification.
(2) To invest in all forms of property, without restriction to investments
authorized by law and without regard to any principle of investment
diversification.
(3) To operate any business; to cause or join in any incorporation,
partnership, or other form of association, recapitalization, merger,
reorganization, liquidation or voting trust plan; to deposit investments
under agreements and pay assessments; to delegate discretionary
authority with respect to any of such actions and generally to exercise
all rights of investors.
(4) To compromise controversies.
(5) To buy, exchange, or sell real or personal property publicly or privately,
for such prices and on such terms as they deem proper; to lease for any
term regardless of the duration of any trust hereunder; and to give
options for these purposes without obligation to repudiate them in favor
of a higher offer.
(6) To abandon any property which the disinterested fiduciary, in such
fiduciary's sole discretion, deems to be in the best interests of the trust
and its beneficiaries.
(7) To borrow money from any source, and to mortgage or pledge estate
assets as security.
Last Will and Testament of Elmer A. Groene, Jr.
Page 3 of 9
(8) To use principal or income to which any beneficiary is entitled for the
beneficiary's exclusive benefit if they deem the beneficiary incapable of
receiving the same by reason of any illness, infirmity or legal incapacity.
(9) To exercise any discretionary power to use principal or income for a
beneficiary by paying the beneficiary's expenses directly or by making
payment to the beneficiary, notwithstanding any legal incapacity, or to
any other person or organization they select to disburse the same for
the beneficiary's exclusive benefit.
(10) To hold investments in the name of a nominee.
(11) To employ and compensate as they deem appropriate, without
diminution of any fiduciary's compensation hereunder, any brokers,
advisors, professional persons, and other agents and, in their discretion,
to delegate revocably investment and management discretion to any
such broker, advisor, professional person or agent.
(12) To make distributions in cash or in kind or partly in each at fair market
values on the date of distribution.
(13) To disclaim on my behalf any interest the Executors deem advisable.
B. No rule of law against self-dealing, divided loyalty, or conflict of interest shall
be applied to render any transaction effected by the fiduciaries void,
voidable, or otherwise subject to attack solely for violation of such rule, nor
shall the fiduciaries incur any liability, nor shall any fiduciary's commissions
for acting hereunder be reduced, solely for violation of such rule. Any
transaction which involves self-dealing, divided loyalty, or conflict of interest
by the fiduciaries shall be judged by the rules of law which would apply to the
same transaction at arm's length between strangers free of any element of
self-dealing, divided loyalty, or conflict of interest. Thus, by way of illustration
Last Will and Testament of Elmer A. Groene, Jr.
Page 4 of 9
and not of limitation, all fiduciaries are authorized, without giving any notice
required by statute, to:
(1) Employ and compensate any fiduciary or any affiliate as broker, agent, or
professional advisor for any purpose.
(2) Borrow from the commercial department of any corporate fiduciary or any
affiliate at current interest rates.
(3) Buy, retain, and sell any debt or equity security issued or underwritten by
any corporate fiduciary or any affiliate and any debt security secured,
supported, and/or otherwise enhanced by a letter of credit issued by any
corporate fiduciary or any affiliate.
(4) Buy, retain, and sell any security of any investment company or trust
registered under the Investment Company Act of 1940 to which any
corporate fiduciary or any affiliate renders service for compensation.
(5) Buy any property from or sell property to any beneficiary or fiduciary
acting hereunder or otherwise on arm's length terms.
An "affiliate" means any entity which owns, directly or indirectly, an interest in any
corporate fiduciary, any entity in which any corporate fiduciary owns an interest, directly
or indirectly, and any entity in common control with any corporate fiduciary.
NINTH: IN THIS WILL:
A. "Fiduciaries" shall be deemed to refer to the Executors or Guardians of the
estates of minors acting hereunder, as the context may require, and plural references
thereto shall be deemed singular where only one is acting or where, in context, only
one is permitted to exercise discretion or to act. Likewise, such references in the
singular shall also include the plural where more than one is acting and where, in
context, more than one is permitted to exercise discretion or to act
B. The "Code" shall mean the Internal Revenue Code of 1986, as amended, and
shall include corresponding provisions of future law.
C. References to a "Will" (including "this Will") or an "instrument" (including
"this instrument"), shall include any codicil hereto.
Last Will and Testament of Elmer A. Groene, Jr.
Page 5 of 9
TENTH: APPOINTMENT OF FIDUCIARIES.
A. I appoint my wife, SIDNEY L. GROENE, and PNC BANK, N.A., Co-Executors
of this my Will. In the event my wife for any reason does not act or continue to act as
Executrix, then I appoint as substitute and successor my son, J. SCOTT GROENE, as
my Co-Executor. In the event that my son is unable or unwilling to so serve as Co-
Executor, then I appoint as substitute and successor my daughter, DEBORA L. LEVIN,
as my Co-Executrix with the same powers and duties.
B. Without the permission of any court the corporate fiduciary acting hereunder
may resign by a writing lodged with the permanent records hereunder, effective (1 )
after thirty days' written notice to each adult income beneficiary and (2) a successor
corporate fiduciary's execution of acceptance of appointment to act hereunder following
the resignation. Such successor corporate fiduciary may be located in or out of the
Commonwealth of Pennsylvania and shall be appointed by the then acting fiduciaries,
including the corporate fiduciary who wishes to resign, even if such corporate fiduciary
is then acting alone.
C. The corporate fiduciary acting hereunder shall be compensated as provided
from time to time in accordance with its published schedule of fees.
D. Individual fiduciaries shall be entitled to compensation in an amount equal to
one-half (1/2) of the compensation payable to the corporate fiduciary, to be divided, if
more than one individual fiduciary is acting, as such individuals agree. Compensation
payable to an individual fiduciary shall be in addition to that payable to the corporate
fiduciary.
E. All fiduciary compensation shall be allocated to principal and/or income as
the corporate fiduciary deems fair and equitable.
F. I appoint the Trustees acting from time to time under my Trust Agreement as
Guardians of the estate of any minor who has no other Guardian of his or her estate,
with power to hold for the minor all property payable by law to a Guardian appointed
hereunder and to use the same for the minor's exclusive benefit, after considering other
Last Will and Testament of Elmer A. Groene, Jr.
Page 6 of 9
available resources and economies of taxation. No Guardian acting under this Will
shall participate in any discretionary decision to use principal or income for any person
whom such guardian is legally obligated to support. Guardians shall represent any
minor in any division of tangible personal property under a prior provision of this Will.
Guardians shall have no duty to make any tangible personal property income-
producing and may distribute any articles thereof, without further responsibility, to the
minor or to any person whom Guardians choose to hold the property for the minor.
G. No fiduciary acting under this Will shall be required to post bond or enter
security in any jurisdiction.
IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and
Testament this /6 day of SEfTehap<. ,2004.
E~~~'~Rof:t
(S EAL)
Attestation Clause. The foregoing Will was this J b day of stt7flJ~ft- ,2004,
signed, sealed, published and declared by the Testator as and for his Last Will and
Testament in our presence, and we, at his request and in his presence, and in the
presence of each other, have hereunto subscribed our names as witnesses on the
above date.
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Last Will and Testament of Elmer A. Groene, Jr.
Page 7 of 9
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, ELMER A. GROENE, JR., Testator, whose name is signed to the attached or
foregoing instrument, having been duly sworn according to law, do hereby acknowl-
edge that I signed and executed the attached instrument as my Last Will and
Testament; that I signed it willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed, on this the /6 day of SfPrmJJ~~ , 2004.
i!e: !.G!i:; .
Subscribed, sworn to, and acknowledged before me by ELMER A. GROENE,
JR., the Testator, this /4'~,1day of _<3:-T~#//f,<"y ,2004.
ifARIAL S
DENISE C. SUI. NBERGER, NfJtary POOl'
Hampden Twp" Cumberland County
My Commi$sion Expires Nov. 22, 2004
Last Will and Testament of Elmer A. Groene, Jr.
Page 8 of 9
COMMONWEALTH OF PENNSYLVANIA
5S.
COUNTY OF CUMBERLAND
We, 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 ELMER A. GROENE, JR. execute the instrument as his Last Will and
Testament; that he signed willingly and that he executed it as his free and voluntary act
for the purposes therein expressed, that each of us in the hearing and sight of
ELMER A. GROENE, JR., signed the Last Will and Testament as witnesses; and that,
to the best of our knowledge ELMER A. GROENE, JR. was at the time eighteen (18)
years of age, of sound mind, and under no constraint or undue influence.
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Subscribed, sworn to, and acknowledged before me byPftu#P/ p. M~J/l. ,
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(1 UL r1t3R...CALLIN / and L- A r r I e. In ,Vo,e So "1\ 9 the witnesses, this
/d P<(day OC_(7;J~"4/ j,,,.~ , 2004.
Last Will and Testament of Elmer A. Groene, Jr.
Page 9 of 9
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