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HomeMy WebLinkAbout06-06-06 Register of Wills of Cumberland County Estate of Joseph P. Hanna also known as PETITION FOR PROBATE and GRANT OF LETTERS No. D21-(fu ~ 4 b'1 To: , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 166-36-1559 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the above decedent, dated July 26, 1995 , 20 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h~ last family or principal residence at 6 Truffle Glen Road, Mechanicsburg, Silver Spring Township, Pennsylvania 17050 (list street, number and municipality) County, Decedent, then ~ years of age, died December 13 , 20~, at East Allen Street, Mechanicsburg, 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: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (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 ~ ~lJtJ. CO $ 2,OO;~ d $ ..-----' $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) ~ 1',,) C::;) C,.-~.::t C,.. ( ~..;,; .' c::.-'; ..~''''...... , 0'\ ,.-j ,- 'I i - .. .- · ~::~:J I 1 ~:;: ; -.....-..1 ....."-- .'~ 1 :. -Tjl co -,~ ~ i'~ i N o Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COUNTY OF CUMBERLAND COMMONWEAL TH OF PENNSYLVANIA SS: The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according,~ law. /J _~I sworn. to or ~ffirme1~bscribed. {X ~ if. ~M1a...... Bef~ me thIS l day of ..l~~ , 20 Dto \ ~~~t-~~ ~ _. "ia",". Register ~ AND NOW hereof, satisfacto July 26, 1995 Joseph P. Hanna Audrey A. Hanna } CI.l qq' =' a t: .... A ~ No.c::2/ -LJ1p ". ~cg1 Estate of JOSEPH P. HANNA , Deceased DECREE OF PROBATE AND GRANT OF LETTERS 20~, in consideration of the petition on the reverse side proof having been presented before me, IT IS DECREED that the instrument(s), dated , described therein be admitted to probate filed of record as the last will of ; and Letters are hereby granted to FEES Probate, Letters, Etc. ............. Will.............................. ... Renunciation...................... . Short Certi fi cates ( ).. .. .. .. .. .. JCP.................................. Automation Fee................... Bond............................. .... Total Filed ~ - lo 20~ $ r1 () CJO $ 1$'-00 $ $ 4.~ $ to . (.)D $ 5.00 $ $ ~.OD ~r~a ~1\C~hn"i~J ~1 Register of Wills .' bifv -;t}J Heather D. Royer, Esq. - #76327 Attorney (Sup. Ct. J.D. No.) Smigel, Anderson & Sacks 4431 N. Front St., 3rd Fl., Harrisburg, PA 17110 Address 717 -234-2401 Phone Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESSES Estate of Joseph P. Hanna No. ,J-\ --<.J"U- 4)' 1 also known as , Deceased Stanlev A. Smith and Yvonne R. Durham each a subscribing witness to the will presented herewith, being duly qualified according to law, depose and say that that each signed as a witness at the request of each was present and saw the above Testator sign the sam ~/ Testator in his presence, in the presence of each other a Stanley A. Smith 1833 Red Spruce Lane Mechanicsbura. PA 17050 (Address) "7 ~L<-. . ~~~/}/1- (Signature) R. Durham 101 em lock Lane la PA 17025 (Address) c~) ;~ -,-:, Sworn to or affirmed and subscribed before me this ~ S day of ~/)71a<j ,2006. ..');L~ IllW NO&Ub~ . My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal I Jo Ann Seker, Notary Public aty Of Hanisburg. Dauphin County My Qmmission Expires June 30, 2007 Member, Pennsytvania Association of Notaries - ,. '- -...., (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of Instrument(s) at time of notarization. Form RW-12 (Dauphin County - Rev, 9/92) 609307.1 I O"'l J:'l!lIo :j: co N <=> r-.v c:::> c.:::> c;r, C_ ~ ,-D , r Tl (-) .-~.) :'if,3 t=:; _ i (_+~) "T1 -n (-""") h'~l I... ':.'~ 714\0 , . LAST WILL AND TESTAMENT OF JOSEPH P. HANNA ..'~,." ) . ("\ ).'j . U </ 1 I.. .' ..j \.i:.\ () ;,--') .-. (') 1"'- , l: .} ;~_::w, "1 j I 'j ..-) I C", tj ,I I, JOSEPH P. HANNA, of Cumberland County, pennsyl\,"an~~, being of sound and disposing mind and memory, do make, p~b~ish~~nd~.,. ." . -"J c~ declare this to be my Last Will and Testament, hereby revoking ~ll Wills and Codicils by me at any time previously made. 1 . TANGIBLE PERSONALTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to my wife, AUDREY A. HANNA ("My Spouse"), if My Spouse survives me. If My Spouse does not survive me, I give such articles to my children living at my death in as nearly equal shares as they shall select under the supervision of my Executor. l~y Executor shall select such articles, if any, as such Executor deems appropriate for any minor and deliver the articles to the minor or to any person or persons chosen by My Executor whose receipt shall be a complete acquittance therefor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. Page 1 of 12 pages " .. 2. UNIFIED CREDIT TRUST. I give, devise and bequeath to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with this ITEM for the benefit of My Spouse and my issue (herein referred to as the "Unified Credit Trust") an amount equal to the sum of (i) the balance of the dollar amount not taxed in my estate due to the application to my estate of the unified credit against federal estate tax (the "Unified Credit"), after deducting therefrom the value, for federal estate tax purposes, of (a) assets included in my federal gross estate which pass or have passed other than under the terms of this Will and which will utilize a portion of the Unified Credit, (b) any bequests under the preceding ITEM of this Will which will utilize a portion of the Unified Credit and (c) adjusted taxable gifts not included in my federal gross estate but included in the computation of the tentative federal estate tax in my estate; and (ii) the state death tax credit allowed for federal estate tax purposes (but only to the extent its use will not increase any Death Taxes owing by my estate). My Trustee shall have, hold, manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and (a) If My Spouse survives me, beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Spouse during My Spouse's lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay to My Spouse such amounts of the principal of such trust as, in the sole discretion of my Trustee, shall be necessary for the maintenance, support and medical and nursing care of My Spouse, taking into consideration any other means readily available for such purposes. (b) Upon the death of the survivor of My Spouse and me, my Trustee shall distribute the principal and Page 2 of 12 pages .. . f . " . any undistributed income of the Unified Credit Trust to my issue then living, per stirpes; provided, however, that (i) should any such issue be a child of mine who has not then attained the age of thirty-five years, such child's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of such child (the "Child's Trust"); or (ii) should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-one years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such issue (the "Grandchild's Trust"). 3. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give and bequeath said residue to my issue living at my death, per stirpes; provided, however, that (i) should any such issue be a child of mine who has not then attained the age of thirty-five years, such child's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of such child (the "Child's Trust"); or (ii) should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-one years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such issue (the "Grandchild's Trust"). Page 3 of 12 pages .. . , . 4. CHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Child's Trust, collect the income and (a) Until the beneficiary of the Child's Trust (the "Child") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Child such amounts of the net income and principal of the Child's Trust as, in the sole discretion of my Trustee, shall be necessary for the Child's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Child's Trust. (b) After the Child shall have attained the age of twenty-one years, my Trustee shall pay to the Child the net income derived from the Child's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for the Child's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Child's Trust the Child shall have then attained the age set forth below or if the Child shall thereafter attain that age, upon receipt by my Trustee of a written request from the Child, my Trustee shall distribute outright to the Child the fractional portion of the then remaining principal of the Child's Trust set forth below: Aoe Fractional Share Twenty-five years Thirty years Thirty-five years One-third One-half Balance then remaining (d) If a Child shall die before final distribution of the assets of the Child's Trust is made, the then remaining principal and any undistributed income of the Child's Trust shall be distributed to the Child's issue then living, per stirpes; provided, however, that if any such issue shall not then have attained the age of twenty-one years, each such issue's share shall be retained by my Trustee as a separate trust estate, IN TRUST NEVERTHELESS, each to be held, administered and Page 4 of 12 pages disposed of in accordance with the provisions of ITEM 5 for the benefit of each such issue (the "Grandchild's Trust"); or if the Child has no issue then living, then to my issue then living, per stirpes; provided, however, that if any such beneficiary is then a beneficiary of a Child's Trust or Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. 5. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall distribute the remaining principal and any undistributed income of the Grandchild's Trust outright to the Grandchild. If the Grandchild shall have died before attaining that age, my Trustee shall distribute the then remaining principal and any undistributed income to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, to my issue then living, per stirpes; provided, however, in either event, if any such beneficiary is then a beneficiary of a Child's Trust or Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. 6. PERPETUITIES PROVISIONS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of Page 5 of 12 pages r , . I ,. any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me, My Spouse and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion or otherwise. 7. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 8. SURVIVAL PRESUMPTIONS. Any person, other than My Spouse, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. If My Spouse and I shall have died at the same time or under such circumstances that it is difficult or impossible to determine who Page 6 of 12 pages shall have died first, My Spouse shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 9 . FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments". (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. Page 7 of 12 pages (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. Page 8 of 12 pages r -- (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 10. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valua- tion date. 11. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate; provided, however, that if any property held in any testamentary or inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of Page 9 of 12 pages any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property; and, if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 12. GUARDIAN OF MINOR PERSONS. If My Spouse does not survive me, I appoint my sister-in-law, DAYNA WINAND, of West Chester, Pennsylvania, as the Guardian of the person of each of my minor children. 13. CUSTODIAN OF ESTATES OF MINORS. If at any time any person under the age of twenty-one years shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint my Trustee hereinafter named as Custodian for such minor under the Pennsylvania Uniform Transfers to Minors Act. 14. TRUST MERGERS AND TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust. (b) If, in the opinion of my Trustee (other than My Spouse), at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee (other than My Spouse), in Page 10 of 12 pages , ... .' i- such Trustee's sole discretion and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. 15. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, AUDREY A. HANNA, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I appoint FULTON BANK, with offices in Lancaster, Pennsylvania, and my brother-in-law, RELLAND WINAND, of West Chester, Pennsylvania as Co-Executors. If either of them should fail or cease to act, then the survivor shall serve alone. All references in this Will to my "Executor" shall refer to my originally named Executor, to my successor Co-Executors or surviving Executor, as the case may be. 16. TRUSTEE APPOINTMENT. I hereby appoint My Spouse and FULTON BANK, with offices in Lancaster, Pennsylvania, as Trustee of any Trust created hereunder. My Spouse may designate her successor in writing signed by her. If My Spouse should for any reason fail or cease to act as Trustee hereunder and she has not designated a successor (or the successor so designated fails or ceases to act), then RELLAND WINAND shall serve as Co-Trustee hereunder. No Trustee serving hereunder shall be liable for any acts or omissions of the Trustee occurring prior to their assuming the office of Trustee or Co-Trustee hereunder. So long as a beneficiary of a trust hereunder is a Trustee or Co-Trustee, he or she shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary or to his or her issue; or Page 11 of 12 pages .~." ," (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS". All references in this Will to my "Trustee" shall refer to my originally named Co-Trustees or to my successor Co-Trustees or Trustee, as the case may be. 17. WAIVER OF BOND; FIDUCIARY FEES. My Custodian, Executor and Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting eleven (11) pages, this ~ day of and the preceding , 1995. (SEl\.L) /f '-- /'xf- . )/ 4?t:/l.L7 ,,-,,-<<['M,~ /' ,/ We, the undersigned, h~reby'-~ ertify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the e~ecution thereoF, the said Testator was of sound and disposing mln. memor:! , 7 (SEAL) Residing at: y]; 0c~c;&-tL;;<t ff.!t-I,./{;y /' /]~. L;2!;2. )'-...,/- ~(. ~h' ~; ~,_ _ J I . Residing at: 4 d,S; V''\1r~-K:-- ~ t(O<ZdL ,fA (7'JOL( Residing at: IcJ/6 1~??Ce(1-C4A (..~7!.-<-__ c:~~ /~ / 715) 02S- "- ,~ d~ LL1 y, ~,s..edtLf (SEAL) ( SEAL) Page 12 of 12 pages