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HomeMy WebLinkAbout04-16-07 Estate of Robert 1. Setzer also known as N/ A PETITION FOR PROBATE and GRANT OF LETTERS ~,\ \)\ OyDl No. To: Register of Will~ for the o Deceased. County of Cumberland in the Social Security No. 201-16-3825 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: . Y our peti~ioner(s), who is/are 18 years of age or older an the execubri x m the last Will of the above decedent, dated . 26 February 20 3 and codicil(s) dated N/ A ~RiUDed (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland his last family or principal residence at 3bUU Logan ~treet H~mpnp.n Township Elc<founw, Pennsylvania, with ., ("!'Imr Hj'11 I (list street, number and muncipality) Decendent, then 81 at 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/ fl Decendent 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: years of age, died 8 April 2007 950,000 $ $ $ $ N/A WHEREFORE, petitioner(s) respectfully tre~~~tth~ _orobate of the last will and codicil(s) pre!;ented herewith and the grant of letters e :aIY' (testamentary; administration c.t.a.; administration d.h-on.c.La.) theron. ~ on ~ ll) u C ll) -o~ 0- on "'~ ll)'- C::ll) C -00 C'':: to';: 3~ ll)<o- :;0 <d C 00 en 11 ~ /-J -, :' .' (1 .. //&ai~..~, 0 C1~ 7.' /' <::, (/ ~ry YQli!e' T. pt7:p.r ~~ h~~r; PArei7Ufft r) ::'0 ,'..C.l .:,;:;::;t -.I .....'1 C). l j o ...:-- OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I s" COUNTY OF CUMBERLAND J ::; 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 petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer th~ estate according to law. and subscribed 7~~ .:jf~4/ '" {'b~ of {~,f '/ t7:p.r c/ ~. 20~1--- ~ l::: ~ Re!!ister :B: No. J l 0'1 03107 Estate of ROBERT L. SETZER , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~ pr-, I I Co ,_ 2l>>Q:$-. 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 26 February 2003 described therein be admitted to probate and fIled of record as the last will of Fonprr T. Setzer and Letters Te<:;t1'lmentary are hereby granted toV.ary Jane L. Setzer FEES ~i;w~!<<~ ~~2; - ~ ATTORNEY (Sup. .Y~ 1822 Market StI'eet\ Camp Hill, PA 17011 ADDRESS Probate, Lett~rs. Etc. ......... $ Short Certificates( W) . . . . . . . . .. $ R .. . v-f [111 L, $ enuncIatIon ..... ':'V. . . .I:P.-!I~ (owtJ,a5 ;l'i . CD 10 ,-,> () l,-JiI \ $ IS 0 TOTAL _ $ 7/i 00 (/17) 77;7~-q711 PHONE Filed H105.805 REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13353025 No. lZ."""L~ ~(f AP~4}t9 1007 a \ ()\ 0310l COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) REV 11/2006 I PRINT IN ~ANENT C1\INK 1. Named_(F"", middle, Osl, suIIlx) Robert L. Setzer 5.Nje(LaslBil1!1d8YI 6. D.I. of B4rth (Manlh, da , 81 v... d tion Kildol__ Gene~11knager . 16.0eced&nt'.MaiIirIOl_(SIr&&I,city/_,.....,zlp-) 3600 Logan Ct 1 A Hill Pa 17011 18, Fi.J:rt;ce-S~t~r 0aced8nI'. Adual Aeskience 171. State Pa Cumber land 11b. County r- O~Sl>ecify 10. Race:,Amerlcan Indian, Black, White, elc. (~ Whi te Twp. City 1 80m 20&. InlormBnr. Nama (Typo 1 Print) Mar Jane Setzer 21.. MelhodolOlspoaitoo o Burial 0 R.m<>Y8l1rom Slale o 0Iha<. SpecIfy: ~ SeMct Ucen8ee ) Cremation 0 Dooellon )1 WII~Of_A_ by -.. Eumlnor f Coroner? ee_) 2<b. Inlormenr. _"9_ (S1reel, city 1_, "'le, z~_) 3600 Logan Ct 1 A Camp Hill. pa 17011 21c. Place of Dispoaition (Name oI_ery, crematory ,,-placel ',10 ~ Hollinger Crematory 220, and _ of Feciity Myers-Harner Funeral Home Ine 32f,IfT~ In;.y (Spec//y) o ~ lOpe..", 0 pseeenger OPedeslrian 0Iher . SpecIfy: 333. Corlifier (check only....1 n>. Slgn&lUI8 and Tille of Certifier . CortltyInt phy&1clan (Physid&n ceI1ifylng C8US8 01 doelh when anoIher phjsici&n hoe pronoo.rocad doelh and ~ Item 23) "'" ~ To tho beeI of my -*IgI,__ dultothoC8llOO(.)end........eestatod.. - -- - - - - -. -- - -- - - - - - -- - - - - - - - - - - --E. ... . I'r<lolclunclng and eartIfylng phy&Ielan (Physid&n bolh pronouncing doelh and coo1Ifylng to C8US8 01 doelh) 330. License Number 33<1. Dale S~ (MonIh, de';!, ,) Tothobeelofmy-*lgl,__ettho_,dete,end~enddueIOthoC8llOO(.)end........eestatod.._____------------ 0 ,) "'Jf~) "" .~." ) , '" '.. .... . __fCoronar ,..-. , -' L- I . / . v I On tho _ of._ and 1 Of ~,In my opinion, _ _ et tho _, -, end ~,1Ild due to tho cauoo(.) and........ ee etated... 0 301. Neme and Ad!I.... 01 PaI10n Who Compleled Co"" oIpeelh (Ilem 27) Type 1 Print , . ,.(,-o....-I/...~ \~--J_~,......., :RegisIrar"~ ~_ 1,-4 /I~ II / I ' FIled ( ,day,year) J""l<::l...P>".',' v/-.vr.J/.f- "t t '" 1 . ~ CGn\ll8IO Ilems 23a-c only when C8I1IIyIng phjsici&nis nal_et1ime of doelh to C8I1IfyCllUlBoI_. Items 24-211 must be compIelod by pel>OO . who pronotJ'ICtS duth. 24. T"", of 0eeIh 5: ' Approxi1l8lelnlervaJ: Onset to Deelh ~V-'71 =~=)--: ?~V~""'" .. Due 10 (or as a consequence of): _1Is1_,Kony, Ie8clnatothtClUMlstedonhl. EnlerIheUNDallYllGCAUSE ~~m~~~ b. Due to (or as a consequence of): c. Due to (or as a c:onsequence 01): d. 30&, Was an Autopsy P-- 301>. W8I8 Autopsy Findngs A_Priorto~ 01 CeIleaof Deelh? 31, Mome< 01 Oeeth 0- D- O AcddenI 0 Pending II1Y8eligetion o SUclde 0 CoUd Nal be Ilelermined OVes ~ OVee ONo 32d. Tme of IrfJry M. nl_pennIfNo~ /::?r-_ .PrJ"'tr_ 23b. license Number 230. Dale Signad (Manlh, day, yaar) 26. Was Case Relemld to MedIcal Examinef I Coroner lor a Reason Other than Cremation or Donation? OVee ONo Part II: Enterodlersionilicantt:tll'dklnlCOl'ltrl:UinaIDd8a1h, butnolllSdllngnlhe...-.dol1jVlgCllUlBgIYonnPal11. 28. Old Tobacco Usa CootJlbule to DeeIh? o Vee OProbebly ONo~ 29. If Female: o Nalpl8g18nt_pastyear OPloi1lenI.llimeoldeelh o Nal pIOpIlt, but pIOpIlt _ <2 deys oIdee1h o Nalpl8g18lll, but !lI8llIIlIIlI 43 deys to 1 yea, belor8dee1h o Unknown K _ wlIhln Ihe past year 32c. Place 0I1niJry: HarM, Farm, SlI8el, Fectory, 0lIlce BuIding, etc. (Spec//yl C <:l -7 1'/'J4 ~ N~)- f::., ;)v.--c.... C ~0 " j).1"'1 \: ~ 1>,"\ (....-~ 329. LocelIon of InjuIy (SIr&&I, city 1_, .lalel LAST WILL AND TESTAMENT OF ROBERT L. SETZER I, ROBERT L. SETZER, of Camp Hill, Hampden Township, Cumberland County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me. FIRST: I am married to Mary Jane L. Setzer, and all references to my wife in this Will are to her. I have three children: Suzanne S. Wells (born November 22, 1951); Marianne S. Bartlett (born August 27, 1954); and Carolyn S. Diercksen (born November 17, 1956). They are described in this Will as "my children,"~~Or-::as "a ~ild of mine." Any person born to or adopted by a child of mine is described in t~rs~Wil~~s "my issue." Provided, however, no person shall benefit hereunder unless the order cSf' decree of adoption is entered before such adopted person attains the ageoftw601y- , i one (21) years. SECOND: I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to my wife. In the event my wife fails to survive me, then I give said tangible personal property to such of my children who are living at my death to be divided equally among or between them as they may determine, or, if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. FOURTH: In the event my wife shall survive me, I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to my wife. If my wife fails to survive me, I give, devise and bequeath such rest, residue and remainder of my estate in equal shares to each of my children, Suzanne S. Wells, Marianne S. Bartlett and Carolyn S. Diercksen, or their issue per stirpes, or the survivor of them, or their issue, per stirpes. FIFTH: If any share hereunder becomes distributable to a beneficiary who has not attained the age of twenty-five (25) years, then such share shall immediately vest ~~'S Last Will and Testament of ROBERT L. SETZER Page 1 of 6 in such beneficiary, but notwithstanding the provision herein, my Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of twenty-five (25) years, using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reasonable comfort of such beneficiary, taking into consideration to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid or applied shall be accumulated and added to principal. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the age of twenty-five (25) years, or, if he or she shall sooner die, to his or her executors or administrators. My Trustee shall have with respect to each share so retained all of the powers and discretions had with respect to the trusts created herein generally. SIXTH: If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my Will that the beneficiary predeceased me; provided, however, that if my wife shall die with me as aforesaid, I direct that my wife shall be conclusively presumed to have survived me. SEVENTH: (1) I name my wife, Mary Jane L. Setzer, to be my Executrix, herein referred to as my Executor, regardless of number or gender. In the event, my wife is unable or unwilling to serve, I name my daughter Marianne S. Bartlett and my son-in-law, Alan B. Wells, or the survivor of them, to be my Co-Executors. I direct that my Executrix or Co-Executors, and their successors, regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (2) I name my daughter, Marianne S. Bartlett, and my son-in-law, Alan B. Wells, or the survivor of them, to be my Co-Trustees. I direct that my Trustee or Co- Trustees, and their successors, regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. \=< I-. S I __.l. 'AI:lI __.... T,..................o.n.. ....f g(,)RI=k1T I !==:FT7ER Paqe 2 of 6 (3) For services as Executor and Trustee, my Executor and Trustee shall receive reasonable compensation. EIGHTH: (1) I give to any Executor and to any Trustee named in this Will or any Codicil hereto or to any successor or substitute Executor or Trustee all of the powers enumerated in this Will and all of the powers 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 of my death, 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. I direct that all such powers shall be construed in the broadest possible manner and shall be exer- cisable without court authorization. (2) My Executor and my Trustee are authorized and empowered to disclaim any interest, in whole or in part, of which I, my Executor, or my Trustee, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). NINTH: No person who at any time is acting as a Co-Trustee (if any) hereunder shall have any power or obligation to participate in or to exercise any discretionary authority that I have given to my Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obligations. Such discretionary authority shall be exercised solely by the disinterested co-trustee. TENTH: 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. ELEVENTH: 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 ~ \.......S-- I __.t. \1\1:11 ~......I T.....................o.n. nf s::>nRFRT I ~FTZER Paqe 3 of 6 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 reimburse- ment, except as otherwise might be determined by my Executor in its sole discretion. authorize my Executor and Trustee to pay all such taxes at such time or times as deemed advisable. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this Zc.:-~~y of February, 2003. .~~~~. "- ROBERT L. SETZER, Testator (SEAL) Attestation Clause. The foregoing Will was this 26th day of February, 2003, 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. (1,.~ 'i'< lY) CU\JC-. of ~~(;r of L~ ~QA. I __to UI:U ........... T.o...,.t~rT\Qnt nf k'nRFRT L SETZER Page 4 of 6 SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, ROBERT L. SETZER, 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 26th day of February, 2003. ~~~'-.. -~..~--.. ROBERT L. SETZER, Testator Subscribed, sworn to, and acknowledged before me by ROBERT L. SETZER, the Testator, this 26th day of February, 2003. ~cmk rR ")0 l~ Notary Public ~ NOTARIAL SEAL MARJORIE L. JOHNSON. Notary Public Lemoyne Boro. Cumberland County M Commission Expires A ril7. 2003 . . ..'!l1 __.-I "T"__~___........,...1 cnRK:'CT 1 .Ci:FT7FR Paqe 5 of 6 SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND WE, the witnesses, respectively, 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 ROBERT L. SETZER sign and execute the instrument as his Last Will and Testament; 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 ROBERT L. SETZER, signed the Last Will and Testament as witnesses; and that, to the best of our knowledge ROBERT L. SETZER was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. Witness Subscribed, sworn to, and acknowledged before me by (1 ) \ III aM. E. J.,A.'\ ll.Q.Aj 1''('. , and N\*~" (' J...tart1fYl..& ,the witnesses, this I 26th day of February, 2003. ~ iJ()h~ Notary Public '- NOTARIAL SEAL MARJORIE L. .JOHNSON. tl10tary Public Lemoyne Bon.'. ; C:')~:~ty My CommiSSion:", 1.~~"~~'"0 I __" \AI:II ..........1 T""L"............ont nf R()RFRT I SETZER Page 6 of 6