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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.) .~ ". j -:0 . '. -n _, I' -"~ ...-.... ; ..(_ ~ .J f~~ "\ <:::> = co f"T1 C'O ~r:; ~Il Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofthe itfsWment(~ffered "~' ,'/ .--, for probate, was not the victim of a killing and was never adjudicated an incapacitated person: NONE,-:: :-::; '-~ -u o B. Grant of Letters of Administration f'-> 0'1 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.) .:.J . -..{ (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; duranfjcminoritate) N 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 ~ Wi i ~ (' C'-J~cI . n m the Regi,t" Signature of Personal Representative Signature of Personal Representative ~!-02(JOrS~ /0? -:::;0 - I' '.::'::'I~ 1"-':> '::::.:" (,;.::..::t co File Number: ...." rrl crJ :':.~~ Ui Estate of Anthony J. Lutze -0 :-z 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 --"-1-"'" .. /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) ....7J:l~ C~*?jJ I ~:~ .. . $ .. . $ .. . $ .. . $ . .. $ ..............$ /:5. CV / S. l..,u !() CD 5(~ Attorney Name: Debra K. Wallet, Esq. Supreme Court 1.0. No.: 23989 Address: 24 North 32nd Street CampHill,PA 17011 TOTAL 31~ 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) 6601 .j"P./'JUA12.-e... r-..:> c::) = = .." rn co Ui -0 :-Jr r;-? N CT\ 0'3 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 ztJO 'Z =~~:~S~~~)di~ I Approximate interval: I Onset 10 Death I , I I 1 I I , , I 1 , I 1 I I 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 ~ d ^ 9& . ~ 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) '.It I, d-I I I / I 36/'?a li/J>>cr n,o_,"," P.~" "" 0 0 C( '6 1, II.../ 34. Name and ~!'~ of.;e~ ~p~ C~~io~De~lhj!~ 27).Jj~f Print :.2~ 7 1t-~1J..J4 /VV.,# 33d. Date Signed {Month, day, ~ar) Jet/) I"', 1.-';'_' '';- 35.R9Qistrar'sSignalure/ .. c. v.4-""'f'1 /:Z I' /eo 1'( 4-, If ~. .. ......,~-" ~.,~ \'~ ~ \\ ) . .:> ~ ;:\ -...._,-,~ '" i ~ "- )'2 o<? - J&1V LAST WILL AND TESTAMENT OF ANTHONY J. LUTZE i"...> i':':;:) o <cc;:; ~? :;; -c Cj ", -~:~ : -~ ('.:0 I, ANTHONY J. LUTZE, of Camp Hill, Cumberland County, Pennsylva~tiJ~~ein~f . r-~, - -. ] sound and disposing mind, memory, and understanding, do hereby make, pub1is~~~ria ded1re> --1 ~~ 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: ~ "J ,., ~ )~ ,.~ ~, ~ ~ \", <", ~,\ \\~ I':> j "",- ',,..:, 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 ~ ~1"8~ " " ,~ '\ I. ;-~ :< ~"" ,-~ ~ f. \~ ,,' \'\, 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. -..) 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 ~\ ~~.~ \:j ."Y ~ t'-~\ ~ \'~ '''. 1'..\ ..~ ~ ~ ~ ,~ 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. --;-. .-~ -)--.-:.- iNi~~~lr~zt'~ ~\/a- 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. ~~1l.W~ 1./60 Ai",.J IIi IA.Jl ~L. ~U.Jw_1tuJ.~ I 4 1,:)vs:) :h:; z/!,:: _ f( ~ /;/Aj/ I 3 b!;" }-e V' v S.J l-e r>< R d (Yf -L t: il 7 Vl, ,. (' L, V/') ) (34 / /0 S-P 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. .I I _~_,,,,/ ,''\, ---.....:) J md;;~ 4. i&'I1.3~ ANTHONY J. , 'f E'"' L { Sworn or affirmed to and subscribed before me by ANTHONY J. LUTZE, the Testator, this JC;~h day of r-: \ ~-\i.X)N{)r~'-1 I ,2004. 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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 A,..w....tJtI .J". '-4tTU,.. 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. "'n A II...., \l1.CA.J 'bIll. ", (Street Address) VLJEC; ~ (Street (tdres;) ~~C4'~"g, r?'s:.;;r~31- .' ~~J, g )-.:S ""1.7 3:: _jJlJIv.. ~. \IJ~ (Signature) ~I.('.s".....~ .1>4 j~c)S$' (City, Stale, Zip) Ul Executed ill Register's Office Sworn to or affirmed and subscribed beforJ ~le this /Slfi day of. Jt~ ' 20(J( . ~. /f5 Deputy or Register of Wills r:-? 1'0 --l Form RW.04 rev. /0./3.06