HomeMy WebLinkAbout10-10-06
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Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Fred L. VanVoorhees
also known as
~\ - c>tD- Oee,
No.
, Deceased
Social Security No. 069-14-8751
Robert Frederick VanVoorhees
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 Testamentary and aver that Petitioner(s) is/are the execut or
the Decedent, dated 12/17/1993 and codicil(s) dated None
named in the last Will of
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
(c.t.a.; 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
Relationshi
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumber land
County, Pennsylvania with hiSll'Iec1ast fa~
. _ ~ ~ -,I ::i.':
or principal residence at 215 N. 24th Street, Borough of Camp Hill, Camp Hill, PA~ ~70ll co
(list street, number, and municipality) U1
Decedent, then ~years of age, died 10/06/2006 at Camp Hill, PA N
(Location)
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
$ 400,000.00
$
$
$ 200,000.00
":' ~~
situated as follows:
215 N. 24th Street, Camp Hill, PA
17011
T ed or rinted name and residence
Robert Frederick VanVoorhees
5235 Duvall Drive, Bethesda, Mar land 20816
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991)
. "
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumb er 1 and
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 of PetitionerCs) and that, as personal representative(s) of
the Decedent, Petitioner(s} will well and truly admnister th~r~ ~I A
Sworn to or affirmed and subscribed 'UAA.. ~
ooert rederick VanVoorhees
before me this ~ day of
(1ckkr , ~
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. For the Regi ~019
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of the Petition on the reverse side hereon, satisfac~yroof having been presented b.e fore me, :::::J co: r~
IT IS DECREED that Letters -mTestamentary ~ Of Administration c- '.-t Ct.'] --j r n " ~~
(c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; duran~inoritate)
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No.
Estate of Fred L. VanVoorhees
Social Security N():
069-14-8751
Date of Death:
10/06/2006
AND NOW,
\st~
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are hereby granted to
Robert Frederick VanVoorhees
in the above estate and that the instrument(s) dated
12/17/1993
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
$
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FEES
~.cP
Letters. . . . . . " . .
Short Certificate(s). L S).
$
r R'i~,,~,.i,.tion. .~.\ \ \.
$
Attorney:
Jef~SqUire
~s ( )~!'~
$
1.0. No:
25444
Boswell Tintner Piccola & Alford
315 N. Front Street
P. Q. Box 741
Harrisburg, PA 17108-0741
Extra Pages ( ) .
$
Address:
Codicil. .
$
JCP Fee.
$
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Telephone:
717/236-9377
IPMmmry. . ~ .~~.
$
Other . .
$
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TOTAL.
$
Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc.
Form RW-1 (1991)
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This is to certify that the information here given is correctly copied fro~ an original ce~ificate of death dul~. filed with me as
Local Registrar. The original certificate will be forwarded to the State VItal Records OffIce for permanent fllmg.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
t:hn-- ft; ~
Local Registrar
Fee for this certificate, $6.00
p
12839656
OCT 0 6 2006
Date
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIRCATE OF DEATH STATE ALE Nl.It1BER "
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LAST WILL AND TESTAMENT
OF
FRED L. VANVOORHEES
.,"" ~
I, FRED L. VANVOORHEES, of the Borough of Camp HL~, co~ty
of Cumber land and Commonwealth of Pennsylvania, being1 :~-of sO'\1nd
and disposing mind and memory, and not acting under u~e
influence of any person whomsoever, do make, publish and declare
this instrument to be my Last Will and Testament, in manner and
form following:
FIRST: I hereby expressly revoke all Wills, Codicils and
testamentary writings of whatsoever kind and nature heretofore
made by me.
SECOND:
pay all my
expenses out
decease.
I hereby direct my Executor, or his successor, to
just debts, expenses of administration and funeral
of my estate as soon as is practicable after my
THIRD: I direct that all estate, inheritance, transfer,
legacy or succession taxes, or death duties, which may be
assessed or imposed of, wheresoever situate, whether or not
passing under this my Last Will and Testament, including the
taxable value of all policies of insurance on my life and all
transfers, powers, rights or interests includible in my estate
for the purpose of such taxes and duties, shall be paid out of my
general estate as an expense of administration, and without
apportionment, and shall not be prorated or charged against any
of the gifts in this Will or against any property not passing
under this will. In the absolute discretion of my Executor,
hereinafter named, he may pay such taxes immediately or may
postpone the payment of the taxes on future or remainder
interests until the time possession accrues to the beneficiary or
beneficiaries named herein. My Executor may, in his discretion,
arrange for extension of time for the payment of said estate and
inheritance taxes, and any interest and/or penalty incurred on
any such taxes, whether or not resulting from such extensions or
postponements, shall be borne by my estate as an expense of
administration.
FOURTH: I give, devise and bequeath the sum of Twenty
Thousand ($20,000.00) Dollars unto the CAMP HILL PRESBYTERIAN
CHURCH, Camp Hill, Pennsylvania, to be used, generally, as the
Session of the Church shall, from time to time, determine.
~ .\1'0.."7
FIFTH: I give, devise and bequeath the sum of Twenty
Thousand ($20,000.00) Dollars unto ESTHER S. BOLTZ, who presently
resides at 101 Hampden Avenue, Camp Hill, Pennsylvania 17011. In
the event the said ESTHER S. BOLTZ shall predecease me, then and
in that event I hereby give, devise and bequeath said Twenty
Thousand ($20,000.00) Dollars unto the CAMP HILL PRESBYTERIAN
~
CHURCH to be used by the Session of the Church as set forth in
paragraph FOURTH hereof.
SIXTH: All the rest, residue and remainder of my property,
real, personal and mixed, of which I may die seized or possessed,
or over which I may have the power of testamentary disposition,
of whatsoever kind and wheresoever situate, I give, devise and
bequeath unto my children, namely, FRANK STEPHEN VANVOORHEES,
ROBERT FREDERICK VANVOORHEES, DAVID ALAN VANVOORHEES and MARGARET
E. ANDERSON, in equal shares, share and share alike. In the
event any of my children shall predecease me and have issue
surviving, I direct that such deceased child's share shall be
distributed to such issue in equal shares. In the default of a
deceased child's issue, I direct that such deceased child's share
be distributed equally to my remaining children living at the
time of my decease.
SEVENTH: I am presently the holder and payee of a certain
Promissory Note from Thomas A. Hallett and Maureen F. Hallett,
the joint and several makers thereof, in the face amount of
$207,277.00. An Agreement previously entered into between the
parties to the Note provides that, upon my decease, the note
obligation shall pass to my executors, administrators, successors
and assigns. In the event of my decease during the term of
payment of said Promissory Note, the remaining Note obligation
shall pass to my named Executor or his successor, with the
direction that my Executor or his successor assign the same to my
residuary beneficiaries under this my Last Will and Testament in
equal shares, with said payments being made as provided in said
Promissory Note. As previously provided, in the event that any
of my children shall predecease me such deceased child's issue
shall be the assignee of his or her interest in the Promissory
Note.
On June 30, 1993, I sold my stock interest in Roberts &
Meck, Inc., namely 62 shares of common stock, to Thomas A.
Hallett and Maureen F. Hallett for a consideration of
$207,277.00, which is the obligation contained in the Promissory
Note referred to above. Said Promissory Note provides for
fifteen equal principal payments of $13,818.47 each, the first
payment having been paid on July 30, 1993, and subsequent
payments are to be paid on the June 30 of each year thereafter
with final payment to be made on June 30, 2008. On the principal
payment dates of June 30 of each year from 1994 to 2008, under
the note obligation, there shall be paid interest at the rate of
7% per annum calculated on the unpaid principal balance as of the
interest payment date. The Promissory Note provides security to
the holder for the payment of the obligation and the collateral
therefore is the 62 shares of common stock of Roberts & Meck,
Inc. standing in the name of Thomas A. Hallett and Maureen F.
Hallett, as tenants by the entireties, which certificate, along
with a stock power executed in blank, have been placed in
-2-
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safekeeping with my attorneys, Boswell Snyder, Tintner & Piccola,
315 North Front Street, Harrisburg, Pennsylvania, and are being
maintained in the firm's safe deposit vault, pending either a
payoff of the Promissory Note by the makers in full or, upon
default, the payment of the Promissory Note to the then holder or
holders thereof with the collateral being forfeited. The use of
the collateral is controlled by a certain Agreement I entered
into with Mr. and Mrs. Hallett, which provided for the sale of my
50% interest in Roberts & Meck, Inc. to Mr. and Mrs. Hallett.
In the event I should die during the Promissory Note payment
period, which expires on June 30, 2008, I give, devise and
bequeath the same unto my son, ROBERT FREDERICK VANVOORHEES, in
trust, nevertheless, to maintain the Promissory Note and the
collateral which is the security therefore, consisting of the
stock power signed in blank and the certificate for 62 shares of
the common stock of Roberts & Meck, Inc. standing in the name of
Thomas A. Hallett and Maureen F. Hallett, and to receive the
yearly proceeds of principal and interest as provided for in the
note obligation and to give receipt therefore to the payees
thereof and to receive any prepayments of principal and/or
interest made by the makers of said Note if such should occur
from time to time during the term of thereof, with the right,
upon default, to exercise the rights given to the holder of the
Note to complete the stock power in the name of my Trustee and
procure the 62 shares of common stock of Roberts & Meck, Inc. in
my Trustee's name and in this trusts ownership.
Upon receipt of the funds, principal and interest and
interest alone, made by the shareholders and makers of the
Promissory Note to my Trustee, he is directed to make
distribution of said funds to my named children in equal shares
as set forth above in paragraph SIXTH hereof, or, upon default
and the receipt of the 62 shares of common stock of Roberts &
Meck, Inc., to distribute the same to my named children in equal
shares.
My Trustee is given full authority under powers granted to a
trustee under the Pennsylvania Probate Estates and Fiduciary Code
to enforce the payment of the Promissory Note and the receipt of
collateral in default thereof, and to do all things necessary in
order to protect this asset for my children.
EIGHTH: The rights, titles, benefits, interests and estates
of any beneficiary hereunder shall not be subject to the rights
or claims of his or her creditors, nor subject nor liable to any
process of law or court, and all of the income, principal or
other benefits from or under any bequest herein created, shall be
payable and deliverable only, wholly, exclusively and personally
to the designated beneficiaries hereunder at the time the desig-
nated beneficiaries are entitled to take the same under the terms
of this instrument.
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NINTH: I hereby give unto my Executor, or his successor,
the fullest power and authority in all matters or questions
pertaining to the administration of my estate, executing the
provisions of this my Last will and Testament, including, but not
by way of limitation, the power and authority to determine all
doubtful questions which may arise in the construction of this my
Last Will and Testament; I further hereby authorize and empower
my Executor, or his successor, pending settlement of my estate,
to sell, convey, mortgage, lease, exchange, encumber or otherwise
dispose of any and all of the property, real, personal or mixed
at any time belonging to my estate, either at public or private
sale, without prior approval of any court, and at such times and
for such price or prices and in any such case upon such terms as
he may think best in his discretion, and I authorize and empower
my said Executor to execute, acknowledge and deliver to the
purchasers, grantees, mortgagees, vendees, assignees or other
persons, such contracts, deeds, mortgages, bills of sale, and all
other instruments of writing necessary or proper without
obligation upon the latter to see to the proper application of
the proceeds. He shall also have the power to compromise or
otherwise settle or adjust any and all claims, charges, debts and
demands whatsoever against, or in favor of my estate as fully as
I could do if living. He shall further be empowered to carryon
and conduct any business enterprise which I may be engaged in at
my death, to retain any assets, including stocks or securities
which I may own at the time of my death, pending settlement of my
estate, without regard as to whether or not such assets or
securities are legal investments for fiduciaries. Pending
settlement of my estate, he shall also have the authority in his
discretion to convert, sell, exchange or dispose of such assets
and securities either for cash or for terms satisfactory to him
and to acquire other assets without limitation to securities or
investments as may be declared legal for investment of trust
funds. He shall further be empowered to borrow money, and to
pledge assets of my estate as security therefor, for the purpose
of paying taxes which may be levied upon or payable by my estate
in accordance with this Will and in the event that funds in the
hands of my Executor, or his successor, shall be insufficient to
pay such taxes, and if, in the opinion of my Executor, or his
successor, it appears that conversion of securities and other
assets, real and personal, would then be made at a sacrifice.
TENTH: I hereby nominate, constitute and appoint my son,
ROBERT FREDERICK VANVOORHEES, to be Executor of this my Last will
and Testament. In the event the said ROBERT FREDERICK
VANVOORHEES renounces said office, refuses this appointment,
predeceases me, or for any reason is unable to serve, then and in
that event, I do hereby nominate, constitute and appoint my son,
FRANK STEPHEN VANVOORHEES, as the successor Executor of this my
Last Will and Testament and to have all the rights, privileges
and duties conferred and created by reason of said appointment.
-4-
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"
this
IN WITNESS WHEREOF, I have
17 I'll day of D.C~9~~
hereunto set my hand and
, 1993.~J\~
seal
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF DAUPHIN
We, FRED L. VANVOORHEES, and William D. Bo~wp.ll
and Jeffrey R. Boswell , the Testator and the
witnesses, respectively, 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 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 our knowledge the Testator was at that
time 18 years of age or older, of sound mind, and under no
constraint or undue influence. ~~
/-.~. ~ ~ FredL.?VanVoorhees
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~~
Subscribed, sworn to, and acknowledged before me by FRED L.
VANVOORHEES, the Testator and subscribed and sworn to before me
by william D. Boswell and Jp.ffrpy R Rn~wpll
witnesses, this 17th day of December , 1993.
~t~rY~.h'(
My commission expires:
NOTARIAL SEAL .
SARAH E. APPLEBY. Notary Public
My Commission Expires Dec., 13. 1994
Harrisburt. PA Dauphin County
-5-
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF FREDERICK L. V ANVOORHEES,
DECEASED
NO 21-2006-0887
DECREE OF THE REGISTER OF WILLS
AND NOW, this 10th day of October, 2006, upon consideration of the Petition for Granted of
Letters filed by Robert Frederick Van V oorhees, dated and filed on October 10, 2006, for the estate of
the above named decedent, IT IS HEREBY DECREED that the Petitioner shall post surety bond in
the amount of $800,000. IT IS ALSO DECREED that upon filing the Bond of Personal
Representative, Letters Testamentary shall be granted to Robert Frederick Van Voorhees.
Jeffrey R. Boswell, Esquire
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In Re: FREDERICK L. V ANVOORHEES
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-06-0887
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
10/1 0/06
JUDGE'S INITIALS:
TIME STAMP DATE: 10/1 0/06
IN RE: DECREE OF THE REGISTER OF WILLS
'"''''''''''''''''''''''''''''''''''''''''''''''''''''""""""''''''''''''''''''''''''''''''''''''''''''''""""""""
SERVICE TO:
JEFFREY R BOSWELL ESO
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
D HAND DELIVERED
[gI OTHER FAX
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: 10-10-06
SERVICE TO:
ENVELOPES PROVIDED BY:
METHOD OF MAILING:
D USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED:
D~Qn~ Q~:lu
Clerk of Orphans' Court