HomeMy WebLinkAbout02-15-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
02/ ~~OO(S- O/&C;;
Estate of Anthony 1. Lutze
also known as
File Number
, Deceased
Social Security Number 195-07-6601
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IiJ A.. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor
last Will of the Decedent dated February 10,2004 and codicil(s) dated JanuaIY 8, 2008
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofthe itfsWment(~ffered
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for probate, was not the victim of a killing and was never adjudicated an incapacitated person: NONE,-:: :-::;
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o B. Grant of Letters of Administration
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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.)
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(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; duranfjcminoritate)
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Name
Relationship
Res idence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at
3614 Kohler Place, Camp Hill, Hampden Township, Cumberland County, P A 170 II
(List street address. town/city, township, county, state, zip code)
Decedent, then 92
years of age, died on JanuaIY 19, 2008
at Holy Spirit Hospital
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
210,000.00
$
$
$
$
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 form to
the undersigned:
T ed or rinted name and residence
Leonard C. Morris, Jr., 694A Julie Court, Mechanicsburg, PA 17055-6032
Form RW-02 rev. 10.13.06
Page I 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 of Petitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
befo,,,me the /6.;l day of
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. n m the Regi,t"
Signature of Personal Representative
Signature of Personal Representative
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Estate of Anthony J. Lutze
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AND NOW,
having been presented before me, IT IS 0
are hereby granted to Leonard C. Morris, Jr.
Date of Death: January 19,2008,) N
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/s , ,J/6 r, in consideration ofthe foregoing Petiti6~, satisfacto~roof
REED that Letters Testamentary
in the above estate
and that the instrument(s) dated February 10, 2004 and January 8, 2008
described in the Petition be admitted to probate and filed of record as the last Will (and Co~l(s)) OfD~~d t / "
FEES ~/fIa~&{jCd/;f'i~~ (
Letters ............... $ \ ellO if ,~ Reglsterof,Wiffs ~( ~c ~J~
tJ' -Yrco ./'1. .1..__
Short Certificate(s) . . ./. . . . $ C:/U Attorney Signature: WUI\L Ii. ~
Renunciation(s)
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.. . $
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Attorney Name:
Debra K. Wallet, Esq.
Supreme Court 1.0. No.: 23989
Address:
24 North 32nd Street
CampHill,PA 17011
TOTAL
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Telephone:
(717) 737-1300
Form RW-02 rev. 10.13.06
Page 2 of2
HI05.W5 REV 101/071
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 14120619
Certification Number
L$v/~~
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.
ane'" !!l ~444.(f-- JAN J 2J9fJ8___
ocal Registrar Date Issued
8
REV 11f2006
PAINT IN
.1ANENT
CK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
STATE FILE NUMBER
1. Name of Decedent (First, middk!, last. sutfix)
Anthony J. Lutze
5. Age flasl Birthday)
6. Date of Birth (Month, day, year)
4. Dale of Death (Month, day, year)
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11-05-1915
Harrisburg,
ea. Place of Death (Check only one)
Hospital: Other:
~I 0 ER J Outpal~nl 0 DOA 0 Nursing Home 0 R'.dene. OOtnel _ Spec;~,
9. Was DecedenI of Hlspani<: Ortgin? ~ No 0 Yes 10. Race: American Indian. Black, White, ete
(If yes, specify Cuban, {Specifyl
Mex~.n,PuertoRlcan,et,.) . Whi te
92
Yrs.
Bd. Facility Name (II not institution, give street and number)
Holy Spirit Hospital
12. Was Decedent ever in [he
U.S. Armed Forces?
& DYes DNo
Decedent's
Actual Residence 17e. $tale
13. Docedenrs Educatla<1 (Spec;~ on~ highest grade ccmptelad)
Elementary I Secondary (Q..12) College (14 or 5+)
12
PA
Cumberland
17b. County
14. Marital Stafus: Married, Never Mamed.
Widowed, Divorced ISpeciM
Widowed
Did Decedent
live in a
Township?
17c. 0 Yes, Decedent Lived in
17d[Jl~,;;='otUvedwl1NO Camp Hill
19. Mother's Name (First, middle, maklen surname)
Mar Intrieri
lOb. Informant's MaiUng Address (Street, city / town, state, zip code)
694 A Julie Ct.
21c. Place of DisposiIion (Name of cemetery, crematory 01' other pfacej
Holy Cross Cemetery
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I Approximate interval:
I Onset 10 Death
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1
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,
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1
,
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1
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Sequentially list oondIIIons, <<any.
~:~~JD~~~~~~~W a.
(cfseaseorinjuryltlatinitiatedlhe
events resultlilg In death) lA.ST.
b.
Due to {Ol' as a consequence on:
d.
32a. Date of Injury (Month, day, year)
308. Was an Autopsy 3Ob. Were AUlOj)Sy Findings
Performed? Available Prior 10 Completion
of Cause of Death'l
lh
o Homlc...
o _m 0 P"'~ng Invesllgatlon
o Su_ 0 COIJld Not be Delennined
....
Dyes Dyes ONo
std. TIme of IfljUly
330. CertIflel (o:hed< only one)
Certifying ploys.".. (Phys;dan cettlfyllg cause 01 death when anoIhel phys;dan has plOl1011r<ed death and "'"~eted nom 23)
Tathe best of my knowtedge, deeltl occurred due to the cause(s) and manner as stated.. _.............. _...... _.. _ _.............. _................ _..
~~o;:=~ a~~ ~:ted1e~~~~~~ ~1~C:;n~=~~a:rt:~I~:~~~a: manner as slated_ _ _.. .... .. _ .... .... _........ _ 0
~:::~sm~~:~~;:= and f or investigation, In my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner as stated_ 0
1334
Home
Inc.
23b. license Number
Twp
City I Boro
Part II: Enler other sionificanl conditioo... oonlribulino to death,
but not resultiog in the undertying cause given in Part I.
26. Was Case Referred to Medical Eltaminer ! Coroner lor a Reason Other than Cremation or Donation?
Dyes ~
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329. Localion 01 Injury (Street, city f town, slate)
28. Did Tobacco Use Contribute to Oealh?
o Yes OPrnbably
o No [}1Jnknown
29.~em~
ld"'fJot pregnant wrthin past year
o Pregnant at lime 01 death
o Not pregnant, but pregnant wilhin 42 days
o/death
o Notpregl'lant,bU1pregnant43days/o 1 year
belore death
o Unknown i/ pregnant wrthin the pasl year
32c. Place or Injury: Home, f:"arm, Street. Factory,
Office Building, etc. (Specify)
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34. Name and ~!'~ of.;e~ ~p~ C~~io~De~lhj!~ 27).Jj~f Print
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33d. Date Signed {Month, day, ~ar)
Jet/) I"', 1.-';'_' '';-
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LAST WILL AND TESTAMENT
OF
ANTHONY
J.
LUTZE
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I, ANTHONY J. LUTZE, of Camp Hill, Cumberland County, Pennsylva~tiJ~~ein~f
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sound and disposing mind, memory, and understanding, do hereby make, pub1is~~~ria ded1re>
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this to be my Last Will and Testament and hereby revoke all other Wills and Codicils, if~y,
that I have made.
FIRST:
I give and bequeath:
A. The sum of One Thousand ($1,000.00) Dollars to my sister-in-law,
SHIRLEY WOLFE, of Camp Hill, Pennsylvania, so long as she shall survive me by thirty
(30) days;
B.
The sum of One Thousand ($1,000.00) Dollars to my nephew, Anthony
Wolfe, Jr., of Enola, Pennsylvania, so long as he shall survive me by thirty (30) days;
C. The sum of One Thousand ($1,000.00) Dollars to my niece, MARILYN
MACKA. V AGE, of Camp Hill, Pennsylvania, so long as she shall survive me by thirty (30)
days;
D. The sum of Five Hundred ($500.00) Dollars to HOLY FAMILY
ROMAN CATHOLIC CHURCH, in Harrisburg, Pennsylvania.
SECOND: I give, devise, and bequeath all the rest, residue, and remainder of my
Estate, of whatever nature and wherever situate, in two equal shares, to the following
individuals who shall survive me by thirty (30) days:
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A. One share to my niece, DONNA BRADY, of Harrisburg, Pennsylvania.
Should my niece fail to survive me by thirty (30) days, but be represented by children then
living, these children shall take, per stirpes, the share to which my niece would have been
entitled if then living.
B. One share to my sister-in-law, DOROTHY M. MORRIS, of
Elizabethtown, Pennsylvania. Should my sister-in-law fail to survive me by thirty (30) days, I
give her share to my brother-in-law, LEONARD C. MORRIS, JR., of Elizabethtown,
Pennsylvania. Should my brother-in-law fail to survive me by thirty (30) days, I give this
share equally to my nephews, LEONARD C. MORRIS, III, of Mechanicsburg, Pennsylvania,
and DOUGLAS S. MORRIS, of State College, Pennsylvania.
THIRD:
All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executor, even though vested and
distributable, shall not be subject to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation.
FOURTH:
All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out of and be charged generally
against the principal of my residuary estate, without apportionment or right reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executor, of the non-probate assets such as an annuity or
mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
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this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executor, in the Executor's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
the non-probate assets.
FIFTH:
In addition to all rights and powers conferred by law, I authorize and
empower my Executor and his successors, in his absolute discretion and without necessity of
obtaining court approval:
A. To buy investments at a premium or discount.
B.
To hold property unregistered or in the name of a nominee.
c.
To give proxies, both ministerial and discretionary.
D.
To compromise claims.
E.
To join any merger, consolidation, reorganization, voting trust
plan, or any other concerted action of security holders and to delegate discretionary duties with
respect thereto.
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To lend to, and buy from, my estate.
F.
G. To borrow and to pledge real and personal property as security therefor.
H. To sell at public or private sale for cash or credit or partly for each, to
exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
I. To exercise any option permitted by law which he believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
foregoing, power and authority to claim administration or other expenses either as income tax
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deductions or inheritance or estate tax deductions, without regard to whether they were paid
from principal or income and without requiring adjustments between principal and income for
any resulting effect on income or estate taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiary or
class of beneficiaries hereunder at the expense of another; and to make such adjustments, if
any, between beneficiaries with respect thereto as he shall deem appropriate in view of the
nature of the transaction and the amounts involved.
J. To distribute in cash or in kind or partly in each.
The powers granted hereunder shall be exercisable with respect to all real and personal
property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time, until the actual distribution of all property. All powers, authorities
and discretion granted here shall be in addition to those granted by law and shall be exercisable
without leave of court. However, nothing herein shall be interpreted or construed to
encourage, authorize, empower, or permit the Executor to act or cause anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
SIXTH:
I nominate, constitute, and appoint my brother-in-law, LEONARD C.
MORRIS, JR., as Executor of this, my Last Will and Testament. In the event of the
renunciation, death, resignation, or inability of my brother-in-law to act for whatever reason in
this capacity, then I nominate, constitute, and appoint my nephew, LEONARD C. MORRIS,
III, as Executor of this, my Last Will and Testament.
I direct that no representative named above shall be required to post security for the
faithful performance of his duties in any jurisdiction insofar as I am able by law to relieve him
of such obligation. Any of my representatives shall be entitled to reasonable compensation for
the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1D~ day of
rd, r\Mlf c'J
, 2004, on this, the fifth of five typewritten pages. I have also signed the
left-hand margin of the first four of these pages for purposes of identification only.
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SIGNED, PUBLISHED, and DECLARED by the Testator, ANTHONY J. LUTZE, as
his Last Will and Testament, in the presence of us, who at his request, in his presence, and in
the presence of each other, have hereunto subscribed our names as witnesses.
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ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, ANTHONY J. LUTZE, Testator, whose name is signed to the attached instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and executed
the 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.
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ANTHONY J. , 'f E'"' L
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Sworn or affirmed to and subscribed before me by ANTHONY J. LUTZE, the
Testator, this JC;~h
day of
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,2004.
N~~Jutic 117 ,;tCfC"1
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Loper, Notary Public
Camp HiD 80m, Cumberland County
My CommIssion Expires 0cl27, 2007
Member. Pennsylvania Association Of Notaries
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OATH OF NON-SUBSCRIBING \VITNESS(ES)
REGISTER OF WILLS
~""",-",c,. COUNTY, PENNSYLVANIA
Estate of
A.,ri\ONV 3". L'T1.L
, Deceased
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and
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(each) being duly qualified according to law, depose(s) and say(s) that she / he / they was / were well-
acquainted with A-,,*'~'I' J. ~"'Lc.. and am/are familiar
with the handwriting and signature of the decedent, and that the signature of
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to the foregoing instrument purporting to be the LaBt Will and TG~t.~mcl1t/Codicil of
AtJ<6t.,.,., :T. ~"'Lc..
is in his/her own proper handwriting.
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(Street Address)
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(Signature)
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(City, Stale, Zip)
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Executed ill Register's Office
Sworn to or affirmed and subscribed
beforJ ~le this /Slfi day
of. Jt~ ' 20(J( .
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Deputy or Register of Wills
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Form RW.04 rev. /0./3.06