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HomeMy WebLinkAbout09-26-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of LARRY B. HERL T also known as File Number !A J -07- Of1g , Deceased Social Security Number /, ~ - 36 - 2 <it I <,t Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) . ((---;~ 0 ~ __~ i ."jl1 ~ _ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of~instrum~s) off~~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person: :7 -I .. o (State relevant circumstances, e.g., renunciation, death of executor, etc.) Q L;;:Q :~ _0 ~ '*(-, ~r- (, ) _' --;:~ - r-- "..nl ~ :.'. ::2 i"-.,,) ,= ~amedin ~. . I (/) '. '; t-rl ." N m ""';'1 IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated May 1,2007 and codicil(s) dated 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) 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: (If Administration, c.t.a. or d.b.n.c.t,a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland 603 Louisa Lane, Mechanicsburg, Pennsvlvania 17050 (List street address. town/city, township, county, state, zip code) County, Pennsylvania with his / her last principal residence at Decedent, then 63 years of age, died on September 13, 2007 at Holv Spirit Hospital, Camp HilI, P A 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 (Ifnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 5,000.00 situated as follows: none Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and CodiciI(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence .. Yumiko Egawa 603 Louisa Lane, Mechanicsburg, Pennsylvania 17050 Form RW-02 rev. 10.13.06 Page 1 of2 ,'" ... Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND 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 Decedent, Petitioner(s) will well and truly administer the estate according to law. 'X ~(,4. ~ t"~ Signature Personal Representatl"e o ;;0 -'J ~"') '-roO j m~l. t "'7f'n :'7 :CI u.'^ I'...:> r-. = --.I (/) f"T'1 -0 N Ol " . , \:"-) Signature of Personal Representative .' ,--'-.,........-.., ~- ~-,..~~ ~ ,..... ::Jl.: Signature of Personal Representative .:0 CO --::J--i .~1:;" <::I File Number: cO-l- 07- ()g{~ Estate of LARRY B. HERLT . Deceased AND NOW, having been presente~ me, IT IS DECREED that Letters are hereby granted to \LYY1', f<,.r) ftgCl.Lufl... and that the instrument(s) dated ~ (J tlC()7 described in the Petition be admitted to probate and filed ofrecord as the last Will (and Codici1(s)) of Decedent. Date of Death: 09/13/2007 in the above estate Letters $ 30.00 12.00 Attorney Signature: FEES Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ Will . . . $ JCP ... $ Automation . . . $ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL.............. $ 15.00 to.OO 5.00 Attorney Name: Supreme Court LD. No.: Address: Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 Harrisburg, P A 17110-0300 Telephone: (717) 238-8187 72.00 Form RW-02 rev. 10./3.06 Page 2 of2 - H105.805 REV (01/07) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13858408 Certification Number 3 REV llt.!006 'I PRINT IN _NT ACKINK This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. o C;O <'j ~~ >-2 ~~;: ;-T'1 : ~i)52 r--;) C~ <= --' U? rot v N 0"' ~ C-,; r~ C) "ii ~ ~*" _h '=r:; ~ .:D )> 0:> o COMMONWI:ALTH Of' PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERnFICATE OF DEATH (See Instructions Slid SXlIJlIples on rever..) 19. Molhor'I Name (FilII. _. -.......1 Betty June Lloyd 2l!l. _. MaingAdltoalSlrHl.clly/_. -....-1 803 Coolidge Street, New Cumberland, PA 17070 21c. PIocoolDilpoojtion lNamoolc:emMy."""""'Yor_placol lndiantown Gap National Cemetery 6. Colt 0I1llrih Month. . 7. 63 VII. February 26, 1944 81>. COI.W11yofIlealh Cumberland 11._.~ _01 ".Oonol_ KlldolWork Klldol_'~ Supervisor Communications 16. Docodenrs Maing -l-. cIIy 1_. slalo, Zip-I 603 Louisa Lane Mechanicsburg, PA 17050 18. Ftlhet'. Namo(FlrsI, _.IIlII.Il.ftx) Lawrence Herlt Dooodonr. --"'17aSloIo Ilb. Counly Pennsylvania Cumberland ~ CornpIeIt_23H~_COl1IIylng physIcianllnol_81llmeol_to cor1lly COUll 01_. _~'26_be__bypo!lOn ....1'O/IOUIlCOI_. =3,g~=-:; IA~ inIoMI: I On$el io Dealh I I I I I I I I I I I I , I , I ~ C Sr-'IIt<rT"~ '( Due to (or as a_o/): C.()"'iCtc>ftYc Due to (or as s conaaquanca 0/): a. f't?.lt Uli'e He" ;4't'r ~",-".wany. 10 ClUlllIstedonha. EnIor UHIlEIlLYI<<l CAU9E ~":..tt~lM ri4/~(.I/1C b. Dueto{or8Sa~oI): 308. Waa an A1Aopay PatIormed7 d. :lOb. ..... ""'- FlncIngo A_PrlortoCornplatioo 01 Cause 01 00aIII? OVas oNo 32d l1ma oIlrjuly 31. Mtmor oIDedl 181- D- O - 0 PondIno InYosIOgoIlon o~ oCouklNolbe_ o Yes ~No STATE FILE NUMBER 4. Osla 01 Death (MorIh. day; vearl O'l-IJ~:J.(JQ"1 17c. 1m Yes. _llYId i1 17d.oNo._llYId_ oIclua/~oI HamDden r.". C!lyISoro 21d. locollon (CIy 1 town, ./alo, Zip-I Hanover Twp., PA 17003 Inc., P.O. Box 431, New Cumberland, PA 17070 2311. l.Iconst - 23c Colt SIgned lMonth. day, VOlt) o.so/~5"3' o"i~/~-;:)..eJc.~ M.w.. Case Ralanad to M_ _, Contner for a Raason Other than C""",1ion or Donallon? DYes IKI No Pari II: Enter other sicrifi:ant cmrItIrWIII tmIrhJtfnn 1t19th, butnott'8lUlting in the undertyingcausegiYen in Part I. 28. ();d Tobacco Use eon....., 10 Death? oVas oProballtv ONo OUrlmown 29.11 Female: o NoIpIIQIlantwtthinpaslyear o Plegtanl II Urns ol_ D NoI_buIptagtlanlw/thi142days oIcteo~ o NoIptagtIanI,bu'_43davstolvear beto!I....th o Unknown'_nt_thepaslyear 320. =~. :\0S::) StreaI.l'actooy. M. 321.II~/njUIy~1 oll1Mtr/Opa.ator oP_ oP_n OIhor'SpocIIy: 331>. S<gna....II1dTlllaOlCertJ 320. locadon 01 "'1\' (Stntot, dly 1 town, IIaIsl 33a.~(CI1octlonlV"""l =~::=-~:'~"'~~and~':~~_~~'~~~_________________ 0 ~ =:='''':=::''~~~~to~CO:-~=IlIIIIIW''___________________ 0 :':' .::-::'~c: and 1 or Inwotigatlon./n my _ _ _ at1lte ti.... _. and _ and.... to 1Ite cauao(a) and......... 8Ialad... 0 35. Registrars . ~ I ~ I,O{// ( Disposilloo Permit No. Db. 33d. Dalo Slgned (Mortlh. day, year) tJ' -1;- .;>a<!J 9 r 1 ..i TJPE ~WILL.MVtD fJ.fEStI:M,tP9V'T OfF o C;;O . ::rJ :\_\1 (-) '::: r-- <.r: 1 c -__:~ ~J.J Larry Ner!t .,' /'-,. I, Larry Herlt, a resident of the State of Pennsylvania, County of Cumberland, and City of Mechanicsburg; and being of sound mind, do hereby make, publish and declare this to be my Last Will and Testament, thereby, revoking and making null and void any and all other Last Wills and Testaments and/ or Codicils to Last Wills and Testaments heretofore made by me. All references herein to this Will shall be construed as referring to this Last Will and Testament only. FAMILY CLAUSE At the time of executing this Last Will and Testament, I am married to Yumiko Egawa. The names of my children are listed below. If I do not leave any property to any of my children, my failure to do so is intentional. Daniel Herlt Donnell Herlt Susanne Weigel RESIDENCY CLAUSE 2648265_DOC Having in mind the possibility that I may temporarily reside outside of, or simply be absent from the State of Pennsylvania, County of Cumberland, and City of Mechanicsburg, at the time of my death, I elect and hereby declare that this Will and each and every disposition and provision contained herein shall be construed and regulated by and in accordance with the laws of said State of Pennsylvania. It is my desire that this Will be probated in the State of Pennsylvania, my place of domicile, and that the principal administration of my Estate be made in said State of Pennsylvania and that none ,of the assets of my Estate which may be found in my place of domicile, be remitted to any other jurisdiction for administration or distribution. Page 1 of my Last Will and Testament ~~ ~ ~f (Signature) ,....., C:';::'I C..::;.;::l ---' (/) p. -.; \"-) 0'" ?: co .. c::> , ' DEBT CLAUSE I direct that the executor named pursuant to this Last Will and Testament review (as soon after my death as practical) all of my just debts and obligations, including funeral expenses and the expenses incident to my last illness; excepting those long term debts secured by real or personal property which may be assumed by the Heir of such property, unless such assumption is prohibited by law or upon agreement by the Heir. The executor shall pay these just debts only after the creditor provides sufficient evidence to support their claim. My executor shall payout of my gross Estate, as if they were my debts, and without proration or appointment, all estate and inheritance taxes, by whatever name called; (including any interest due thereon) becoming payable because of my death in respect to all property comprising my gross Estate for death tax purposes, whether or not such property passes under this Last Will and Testament. I further direct that if any Heir or Heirs named in this Last Will and Testament should be indebted to me at the time of my death, and evidence of such indebtedness is provided or made available to the Executor of my Estate, then that share of my Estate which I give, devise, and bequeath to any and each such Heir shall be reduced in value by an amount equal to the proven indebtedness of such Heir or Heirs, unless I have specifically provided in this Last Will and Testament for the forbearance of such debt, or unless such Heir is the sole Principal Heir. COMMON DISASTER CLAUSE In the event my spouse and I shall both die in, or as a result of, a common accident or disaster, or under such circumstances that the order of our deaths cannot be established by proof, then I direct that for purposes of this Last Will and Testament, my spouse shall be deemed to have predeceased me. PRINCIPAL DISTRIBUTION CLAUSE I give, devise, and bequeath to my spouse, Yumiko Egawa (my "Principal Heir"), if my spouse shall survive me, 100% of my gross Estate after payment of all my just debts, expenses and taxes. Page 2 of my Last Will and Testament ~e)~ ALTERNATE PRINCIPAL HEIRS In the event that my spouse does not survive me, I give, devise, and bequeath to the persons named below (my" Alternate Principal Heirs"), if he or she, whichever the case may be, shall survive me, all of the residue and remainder of my gross Estate after payment of all my just debts, expenses, taxes and alternate specific bequests, if any, in the percentages set forth below. 1. Name: Daniel Herlt Relation: Son Percentage: 33 1/3% 2. Name: Donnell Herlt Relation: Son Percentage: 331/3% 3. Name: Susanne Weigel Relation: Daughter Percentage: 331/3% EXECUTOR APPOINTMENT CLAUSE (A) I nominate, constitute and appoint my wife, Yumiko Egawa, to be the Executor of my Estate. (B) If, for any reason, my first nominee Executor should fail to qualify or be unable or unwilling to accept or to continue as the Executor of my Estate, I nominate, constitute and appoint my son, Daniel Herlt, to be the Executor of my Estate. (C) If for any reason, all of the nominees designated above in Paragraphs (A) and (B) should fail to qualify or be unable or unwilling or to continue as Executor of my Estate, I nominate, constitute and appoint my son, Donnell Herlt, to be the Executor of my Estate. Page 3 of my Last Will and Testament L~tML EXECUTOR POWER OF APPOINTMENT CLAUSE (A) All directives in this Will that use by reference the word Executor mean and include any person named herein as my Executor (or personal representative, as may be defined under state law) and any person who may be acting in either capacity, at any time. Such person shall have broad and reasonable discretion under the directives of this my Last Will and Testament with respect to any property, real or personal, left by or held by me, or acquired by my Executor on behalf of my Estate. (B) I wish my Executor to have broad and reasonable discretion in the administration of my Estate, to have all of the powers permitted to be exercised by an Executor under state law, and to be able to do everything he or she deems advisable for the best interest of my Estate and the Heirs thereof, all without the necessity of court approval or supervision. I direct that my Executor perform all acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned in this Will, with relation to any such property, as if the absolute owner thereof; and in connection therewith, to make, execute and deliver any instruments, and to enter into any covenants or agreements binding my Estate or any portion thereof. (C) No such person named in, or appointed in connection with this Will in a fiduciary capacity shall be required to file any bond or other security for the faithful performance of his or her duties as such fiduciary in any jurisdiction; and if, despite this directive, a bond should be required, I request that it be accepted without sureties and in a nominal amount. NON-LIABILITY OF FIDUCIARIES Any fiduciary, including my Executor and any trustee, who in good faith endeavor to carry out the provisions of this Last Will and Testament, shall not be liable to me, my Estate, or my heirs, for any damages or claims arising because of their actions or inactions based on this Last Will and Testament. My Estate shall indemnify and hold them harmless. Page 4 of my Last Will and Testament ~1f=A/!-- SAVING CLAUSE If a court of competent jurisdiction shall at any time invalidate or find unenforceable any provision of this Will, such invalidation shall not be construed as invalidating the whole of this Will. All of the remaining provisions shall be undisturbed as to their legal force and effect. If a court finds that an invalidated or unenforceable provision would become valid if it is limited, then such provision shall be deemed to be written, deemed, construed and enforced as so limited. ., Page 5 of my Last Will and Testament h!f~Jr IN WITNESS WHEREOF, I, the undersigned Testator, declare that I sign and execute this instrument on the date written below as my Last Will and Testament and further declare that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in this document and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence. SSN: reaq. 36. c-(r'f 5'-(-'07 Date: Page 6 of my Last Will and Testament , . ATTESTATION CLAUSE This Last Will and Testament, which has been separately signed by Larry Herlt, the Testator, was signed, executed and declared by the above named Testator as his or her Last Will and Testament in the presence of each of us. We, in the presence of the Testator and each other, under penalty of perjury, hereby subscribe our names as witnesses to the declaration and execution of the Last Will and Testament by the Testator, and we declare that, to the best of our knowledge, said Testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. 1. a~~4 M a.~~ -J G c::>~ .(?.Q., . (Print Name) Date: 511/07 ~~ C.......h,s'~ f":~ (Address) 2. ~fw~ Mec~"k:..sb~CJ (City, State, ZIP) f"~ , 70S-a ~a..cel"\ tJ\ Yo ~ ~ (Print Name) Date: sl, /D7 ~~.3 C...r\;.slt> r.~~ (Address) Mec~CvI\k.~h-:orc., p A 17D~O (City, State, ZIP) } .. 3. W" ~ J~ ~ (Signature of witness) ~o-",-.e\ ~ "-\or+O,", 5r (Print Name) Date: ~~ I, 10 ., 0Qg.s Cr\i5(t'" P;t.e... (Address) I'-k~ "-"'~c:.sb-:> r0 (City, State, ZIP) Pit I 7 o~:n:::) Page 7 of my Last Will and Testament ~~ ~ SELF-PROVING AFFIDAVIT State of Pennsylvania County of Cumberland I, Larry Herlt, the undersigned Testator, being first duly sworn, do declare to the undersigned authority that I signed and executed the attached or annexed instrument as my Last Will and Testament and that I signed it willingly, that I executed it as my free and voluntary act for the purposes expressed in that document and that at the time I signed the document I was eighteen years of age or older, of sound mind and under no constraint or undue influence. Date: 5-(... '.c 7 (Signa~~lfAei- We, the undersigned witnesses, being first duly sworn, do each declare to the undersigned authority the following: (1) the Testator declared to each of us that the attached or annexed instrument is his or her Last Will and Testament; (2) the Testator executed the will in our presence; (3) each of us, in the presence of the Testator, signed the will as witness; and (4) to the best of our knowledge the Testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. 1. Ma.r"{ .J ~o..;J f!4. r (Print Name) (A.. o.cr~_ M Yp~" (Print Name) 2. 3. ~ ~~ ~- (Signature of witness) V-.-Ie...\' -1 Mor-lc>", Sr. (Print Name) Acknowledgement of Notary Public: Subscribed, sworn and acknowledged to me on this -L day of M ct.'{ , 2CP'7 , by Larry Herlt, as Testator, and Iv\. 0.., J C"'U:),Jr~ r ~_u<J\ M. Vo",-", and l)-^, l. I ...J .4...rtc:>..... II' , as witnesses. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joseph L. Grove, Notary Public Silver Spring Twp., Cunberland Cot.r1Iy My Commission ElCpires June 18. 2009 Member, Pennsylvania Assoclatlon of NotarIH Witness my hand and seal. Signature of Notary Public: