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Home My WebLink About07-17-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Carolyn R. Krizak also known as File Number ~ \ Ot ~19l~ , Deceased Social Security Number 189-09-1036 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated 12/29/1994 and codicil(s) dated 05/17/2000 named in the (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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: none o B. Grant of Letters of Administration (If applicable, enter: C.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) f',.,,) . . (") = Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following ~if any) ~heirs:j{fiI{ Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) .~ -0 ~ ;.J. i ~'-.~ 3 ~ (") r- ;"'/ "0,",:) Name . Relationshi Res' ~ i=ri '- "., \.....J -""1 1 (") )> o -.J ,.'-. ,-) 1"1 (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 722 Oak Circle Aot. 6. Mechanicsbure:. UDDer Allen Townshio. PA 17055 (List street address, town/city, township, county, state, zip code) Decedent, then 89 years ofage, died on June 13, 2007 at Messiah Village Decedent at death owned property with estimated values as follows: (If domiciled in P A) 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 $ $ $ $ 1,853,000.00 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 fonn to the undersigned: T David A. Hamilton; 1207 Bauman Court, Mechanicsburg, P A 17055 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affrrm(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 Decedent, Petitioner(s) will well and truly 9~.~ ~ature of Personal Representative administer the estate according to law. Sworn to or affirmed and subscribed before me the If day of Signature of Personal Representative Signature of Personal Representative File Number: ~\ 0'\ 6lo-Z~ Estate of Carolyn R. Krizak . Deceased Social Security Number: 189-09-1036 Date of Death: 06/13/2007 AND NOW, ~ ~ t.&,\\ , ~ ,in ,oruoid,,,tion oftheforegoing Petition, ..,;,fuctory proof having been presented befor e, IT ECREED that Letters Testamentary . . . are hereby granted to David A. Hamilton in the above estate and that the instrument(s) dated 12/29/1994 and 05/17/2000 described in the Petition be admitted to probate and filed of record as the last Will ( 15.00 15.00 10.00 5.00 SALZMANN HUGHES PC FEES Letters ............... $ Short Certificate{s) . . . . . . .. $ Renunciation(s) .......... $ Will . . . $ Codicil . . . $ JCP Fee . .. $ Automation Fee . .. $ ... $ .,. $ . .. $ ... $ ... $ TOTAL .. . .. .. .. .. ... $ 1,110.00 40.00 Address: 354 Alexander Spring Road, Suite 1 Carlisle, P A 17015 Telephone: 717-249-6333 1,195.00 Form RW-02 rev. 10.13.06 Page 2 of2 Hl0.::;},I}':; REV W]1(7) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13670479 Certification Number H1OS,143 AE\l1I:2006 T'YPE i PRINT tN PERMANENT BLACK. INK 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. ,...., c:::J c:::l ...... <- c:: r- (") Co S::o .-:::1-0 ..,-' (") :-' ::r: I ~)>m 2;::0 ..(f);;.;;:. -:JOO ,011 ~C :0 .0-1 J> 0 a. \ 00l (:)lo '1 ~ -r-~ :-'1'''1 C) S3 CJ r-" ", :T1CJ (OJ 'O'h o -n c.=j iTl -.I -0 :x ca COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (S.. instructions Bnd .xBmpl.s on r.v....) 89 v" Bb. Counly 01 Death Cumberland 11. Decedent's Usual ()c(: tion KlOdofwOIkdclneduf KtndolWork Homemaker 16. Oecedenfs MMng Address (Sir"" CIly I &own, S1aie, zip code) 722 Oak Circle Apt. 6 Mechanicsburg, PA 1 7055 14, Mantal Status_ Married, Never Married, Widowed, DivorC8Cl (~ DOt... . Spec,~, 10. Race: Amencan Indian, BIadl., WhIte, tit ISpec',>> White 15. Surviving Spouse \If wile, give maiden name) _Os ActuaIResidence 17.. State 13 __s Educ:alion jSpecjly only Nghosl grade complelod) Elemenlary I Secondary 10-12) College (1-4 orS.) 2 Wi~ l>d_ live in a Township? 17b. Coon" ~nrmylu;:lln;;:l Cumberland 18 Fathefs Name IFirsl, midcie, last SOltlll) Erhman Turns 17c. ~ Yes, Decedenllived in 17d. 0 No, Oecedenl lived wilhi'l ActuaJ l.imh d Uooer Allen To, Cily i Boro 20a Intonnanfs Name (Type J Prinl) David L. Hamilton 19. Mohr's Nlilme (Firs!, midtte. maiden swname) Nellie Stence 2Qb. """'....... Maiing_ISIrooI. dIy 1_. -. z~_) 1207 Bauman COurt Mechanicsbur 21, Placeol-.n(Nameolcomol8lY._","""'jlIectj 21a Method of Disposllion c "' '" => '" .. ~ 2007 WOodlawn Memorial C.ardens 22c.Nomellld"""'oIFaciiIy Malpezzi Funeral Hane 238. To !he basl 01 my knaw!eOge, dealtI OCClJ(red at "1imI, dale and place slaled. (S9la1ure and Wit) 23b.licen8e Number 23c Dale S_ 1_ "''''''') pt r4~i~ Appaximale irQrvaI: Palt I: Enter oIher sianiAicanI CMditiMs ~ In dul:to, 28 Did TOOacoo Usa Contribuat 10 Dedl? Onset kl Dealt> ...not'.....-.gn...~ca....Ii'8n~PoIII. 0 V.. 0"- ~o- 26. Wa$ Case Referred k) Medicat Exanwnet I Coronet lor a Aeasoo 0Ihtf Itwl CrIlWl'lMlof\:OI' 00naIi0n? ov.. ~ ~~"'l:=)""~ j)roh OiJIC; jJNUrl-UhtN:i., OuIlolorassCOl'lS8qU8flCeof): SeQuenbillylislcondilion$, "any. teaciinglolhecauselisallfonlinea Enter h UNDEIILYING CAUSE ~~~~~~Jlr.e b. Due to (or ill a consequence 01): Due to (or as a consequence of)' 3OIWasan~ Performed? d. JOb. Were Autopsy Findngs ~vailable Pnor 10 Completion 01 Cause 01 Oealll? o Yes 9"No 32<1. TIme 01 LiurY 31. Manner ol Death ~Natural DHomK:ide 0- OP,-gl__ o Suicide 0 Could Not be Determined O'es ~ Cor71t'~h><: he~rl /'&Ifiv/'<:... .l4j/e...-Ie,YI S,~'.J f}/i!-hl:, r'J'ICr S - ry/' c... c:<e.r1'1~../1flr-1, !:A-/',oh tl <jf<'/ 29 ! F9"t BNoIpregnanlwilhinpastyear o P,_"...oI_ o ...prognanI....___.,da's ol_ D NolprlllJlafll,bl.cpregnMll43dar$101~ear --- O-.llf8W>Inl.""'........year 32t ==::--~;9<....f_. M. 321.' T,___1r;ury (SpodIyJ o Driver {Operator 0 Passenger OPedeslrian O<he< - SpodIy.. 33b. Signalure and Tille ofCerlilie1 . . c5-U_.(}A2-l..k;r;JI-./uR.L~ /Y7!:J ~ ~ ~ I :J3a Cef1dJef (check only one, CertifylnQ ph..lie..... tPtl~Stclill cef'lll)'ing cause of dealh when anolhef ph~siciall has prlJOOUlQd dealh and compIeled Item 231 Tothebnloflny know6edgI. cllMhOCCllfNddullolhlCM*(.)Ind................ _ __ _ _ ____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ _ _ _ 0 ~-.::."':,~:=".::,-:.~~~~~:.~~'t..~:": _.. .tolod.. _ _ ___ _ ____ _ _ _ _ _ _.xl = ~X:':o::. and I OIlnvlltlgation, In m~ opinion, death occurred at the time, dale, and pIKe, and dut 10 the c'UM(.) and mIOnel...1atatL 0 33c. License fbnber /nO'1 ~)- '-I 7S' "" DaIs Sqted 1_. day. yearl O(P -/'1 - dUO-' 32g. L~oI~(S."'."'I"'n._1 34. Name and Address of P&fSOO Who Completed Cause 01 Oealh (hem 27) Type I Ptlnl SA,<LA W /\-fOe>,~ <3 AC-S'" ...,..., 1:> 1~t:'Z''':''::'~::~~/~~:;~ 170~-~- I~ I i 1:2 I (IJ I O;spos4tonP,,,,,'No 61l.3tn9/n LAST WILL AND TESTAMENT I, CAROLYN R. KRIZAK, of 426 Trudy Road, Lower Paxton Township, Harrisburg, Dauphin County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last WIll and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executor or Executrix, as the case may be, to pay all of my debts, ~ funeral and administrative expenses as soon as may be done conveniently ~b my dtiase.;.-o., ~~ ~~- :::IJ c_ '-'.' ;-') Furthermore, I direct that all state, inheritance, succession and other death t~ei <iJnpo~ o~L[~ ~-~=\ .:,:r>\-n - ,Y1 payable by reason of my death and all interest and penalties thereon with respect:~ ill proPerty :~~ '. ,) C)O -u 1'''1 n, (~) ..;~tl -v"' ~.T:\ composing of my gross estate for death tax purposes, whether or not such prop~asses ~er ~.:; --l .. :;2 0 this Will, shall be paid by the Executor or Executrix of my estate. OJ lWO: My Executor or Executrix, as the case may be, may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do ifliving. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. GRI< THREE. I hereby give, devise and bequeath all of my estate of every nature and wherever situate to my children, NANCY C. MANDES, JOHN GREGORY HAMILTON and DAVID A. HAMILTON, in equal shares, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event for whatever reason, any of my children predecease my spouse and leave no surviving issue, then their respective share be given, devised and bequeathed to my remaining children, in equal shares, and distributed as set forth herein. FOUR. If any of my beneficiaries or heirs are under the age of thirty-five (35) years of age at the time of my death and inherit any assets hereunder by virtue of my death, the Trustee shall hold all of their respective shares in trust according to the following terms and conditions: Upon the creation of this Trust, the Trustee shall divide this trust principal into individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited hereunder. The Trustee, as well as my representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heirs or beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their support, maintenance, education, or medical care. My primary object is to insure the support, maintenance, education and medical care of my heirs and beneficiaries until they reach the age of thirty-five (35) years. However, 2 t!.. R. /<. notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust in which to distribute any of the trust principal or income for the benefit of any of my heirs or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each respective heir or beneficiary reaches the age of thirty-five (35) years, then of whatever remains of income or principal of the said heir's or beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary, per stirpes, which provides that the child or children of any deceased heir or beneficiary shall take the share their parent would have taken if living. In the event that any said heir or beneficiary becomes deceased prior to the final distribution hereunder without leaving surviving issue, said deceased heir's or beneficiary's share shall be divided equally between all of the heirs and beneficiaries who are a part of this trust and distributed in accordance with this paragraph. If for whatever reason there are no heirs and beneficiaries remaining as a part of this trust, then in that event, the rest, residue and remainder hereof shall be distributed in equal shares to the beneficiares set forth in Paragraph Three hereof. mE. The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraph Three above: The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and 3 ~RJ< invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall to conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. SIX. I hereby nominate and appoint my son, DAVID A. HAMIL TON, to be the Executor of this my Last Will and Testament. If he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, I then appoint JOHN GREGORY HAMILTON to serve as Executor in his place. In the event that he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, then I appoint NANCY C. MANDES to serve as Executrix of this my Last Will and Testament, each substitute Executor having the same powers as are given to the original Executor hereof SEVEN. I hereby nominate and appoint my son, DAVID A. HAMILTON, to serve as the Trustee of any trust created herein. In the event that it is unable to serve as Trustee of any trust hereunder for whatever reason, then in that event I hereby nominate and appoint JOHN GREGORY HAMILTON to serve as Trustee of any trust created herein, or ifhe is unable for any reason whatsoever, then I hereby nominate and appoint NANCY C. MANDES, to serve as Trustee of any trust created herein. EIGHT. No Executrix, Executor or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 4 ~R)<. NINE. No person or persons shall benefit hereunder unless such beneficiary shall survive me for a period of at least thirty (30) days. TEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed a part of the residue pursuant to Paragraph Three G. hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. TWELVE. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. 5 {J. KJ< IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~daY of December, 1994. 1-- (bJ>+ f k~!(SEAL) CAROLYN R. KRIZAK Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. -)&4#X djaJ~ ~~t/ dtAf"f IJBIIIIJDH/DIZA 6 , . . ACKNOWLEDGMENT AND AFFIDAVIT WE, CAROLYN R. KRIZAK, SHARON L. SCHWALM and CHERYL L. CLELAND, the testatrix and witnesses respectively, whose names are signed to the 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 and that she had signed willingly, and that she executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. r (l~ f-.J!~ CAROL KRIZAK ijHY ~b~ HARON L. SC ALM ~&~~ COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by CAROLYN R. KRIZAK, the testatrix herein, and subscribed and sworn ~ before me by SHARON L. SCHWALM and CHERYL L. CLELAND, witnesses, tmbfl day of December, 1994. LB~ TqJJtHilNJ Notary lie Notarial Seal 1 " 8eIzi A. Morrison, Notary Public CarflSle Bore, Curnbet1arY.1 County My Commission Expires Dec. 15, 1996 Member, Pennsylvania Association of Notaries · IA FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF CAROLYN R. KRIZAK I, CAROLYN R. KRIZAK, of Lower Paxton Township, Dauphin County, Pennsylvania, being of sound mind, disposing memory and full legal age, having made my Last Will and Testament dated December 29, 1994, do hereby make, publish and declare this to be the First Codicil to my said Last Will and Testament. FIRST: I hereby modify, amend and replace Paragraph THREE of my Last Will and Testament to read as follows: I hereby give, devise and bequeath all of my estate of every nature and wherever situate to my children, NANCY C. MANDES and DAVID A. HAMILTON, in equal shares, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. In the event for whatever reason either of my children predecease me and leave no surviving issue, then their respective share be given, devised and bequeathed to my remaining child and distributed as set forth herein. SECOND: I hereby ratify and affirm all of the other provisions of my Last Will and Testament dated December 29, 1994. 2000. ,..., ("") g f...::: 0:0 -.I .:::0 ...~~ L ~"g2?q -; u <=,~-) c) .,j~~ ~ :1 ,~~3 IN WITNESS WHEREOF I have hereunto set my hand and seal this;-~g~daY4M~~ ~ :~) c: :x :n :0 C,.r.) C) _.O-~ I-n :i> ~ CtJ~_ fC/( A.L~~l , CAAOLtN R. KRIZAKO~ The preceding instrument, consisting of these two typewritten pages, was on the day and date thereof signed, sealed, published and declared by the person thereof named, as and for a codicil to said person's last will and testament in the presence of us, who, at said person's request, in said person's presence and in the presence of each other have subscribed our names as witnesses hereto. -(~ LtffL~ :2{~-Y- ~ 2 ACKNOWLEDGMENT AND AFFIDAVIT WE, CAROLYN R. KRIZAK, CHERYL L. CLELAND and MARTHA L. NOEL, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as a First Codicil to her Last Will and Testament dated December 29, 1994, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the First Codicil as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. ~~ f. K,{ J/ CAR L YN R. KR~K e~ ~/ d1~ C~ L L. CLELAND ~U.tt Jf!~ RTHA L. NOEL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by CAROLYN R. KRIZAK, the testatrix herein, and subscribed and swo~ to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this ~ day of y, 2000. Notarial Seal Jacqueline L. Drawbaugh, Notary Public Carlisle Boro, Cumberland COunty My Commission Expires Aug. 14, 2003 Mmr.bFJi, PennsylvanIa Association of Notaries