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HomeMy WebLinkAbout05-22-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF (je r ~w-'-~ COL~TY, PEti~iSYL~'~NI~ Estate of ~J G C 1~ ~ - ~Lt l'V~ Zf '~_--- File Number ~ ~ ' O~ ' V ~1 also ;known as Deceased Social Security Number ~ 13 ~"~ Z^~p~/~ rp Petitioner(s), who is/are 13 years of age or older, apply(ies) for: (COtNIPLETE A' or 'B' BELOiY:) ~A. Probate and Grant of Letter Test~7m ary and aver that Petitioner(s) is /are the ~x <<-V1 ~ r S named in the last V'Jill of the Decedent dated ~ 1 d and codicil(s) kited _ /Q (2 Q S' (State refevant circumstances, e.g., renunciation, death ojexecutar, 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: ^ I3. Grant of Letters of Admini (ljapplicnble, enter.• c.l.n.; d. b.n.c.t.a.; pendente lire; durante absentia; durnnte minoritate) (If (COA+(PLETE IN ALL CASES:) Attach additioxa! shfeets if n essary. ~. Decedent domi 'led at-death it QY` 6~ County, Pennsyly ~ with his /her last e ~S ;~ E`~3 _ ~:~ ~} (residence at~_ r stree[ address, town/city, townsl ' ,county, stale, zip code) Decedent, then ~ years of age, died on tp ~ at (/LO/,•, ~`~ ~~~~t//~ ~G[ C ~S ~ - f 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 .. ., ,. situated as foll ~~ $~5~~ $ cSOc~ '~/ ~r I oy Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following~sppuse (if any) ~ heirs Adntittistration, c. t. a. ord.b.n.c.t.a., enter date ojWi[1 in Section A above and complete list ofheirs.) C ~ .ra 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: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANLA COUNTY OF SS The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are Utie and con~ect to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed andtsubscribed Y~ before me the ~a_,~da~y~of -~, ,-~"--' L .~ For the Register Signature ojPersonn( Representative ~~=rte--~ _,_ _ ,r_~ - s.. l _._, ~' r~ -E N N -, ~.! t / ? File Number: ~ --"" ~ ~ tv Estate of JU~.eK. ~ C-xxev~Z~~ , Deceased 0 -.,.r Social Security Number:,~3~ IZ ~pL1U ~ Date of Death: ~I ~ 10~ AND NOW, 1 1 C.~~-k ~-~. , c~~ , iu consideration of the foregoing Petition, satisfactory proof having been presented b`ef`ore me, IT IS DECREED that Letters ST t~.Q_~• are hereby granted to ~'~D~~V L C~ Z`~ d ('~Z~,L•yy~ '~ ~ `~ in the above estate and that the instrument(s) dated ~p -~--"1- O~ a. I (7 - (~ - (~~ described in the Petition be admitted to probate and filed of FEES Letters ...... $~~ `~ . Sltoi-t Certificate(s) .~.... $ IZ• (.SU Renunciation(s) .......... $ ~J • (ham Wt~~ ... $ l~'.py J C~ ... $ ~~ • c~ ... $ ... $ ... $ Supreme Court I.D. No.: ~ 3 -7C) S' Address: o~ ~ D (i` L(// ~/ l~'~ 7l ' ' ' $ Telephone: ~ ~ ~ "'2.3~'~ 3 ... $ ~ T- TOTAL .............. $~ ?_.,2_ _ tR~ ~:~: n .~ as the Wi11s Attorney Signature: Attorney Name: (and Codicil(s)) of Decedent. For»i RYV-U? rev. lU.13.U(> Page 2 of 2 r -.~ ~~ c~ <y ~== RENUNCIATION ~ ~ ' ~ ~ c~ _ ~ -~ ~ - -~, ~, ~ ~; _ . REG TER OF WILLS ~ } '. - ' ~_-~ ~~ --t? ~e COUNTY, PENNSYLVANIA _ ~~=? ~~, _ ~ --1 .. - ~y ..., j Estate of ~~L~~ ~,)~ l~-~r/V L Lam, ,Deceased I, ~a C.IL W . ~ ct e n ~ L , in my capacity/relationship as ~1 (Print Name) of the above Decedent, hereby renounce the right to ~~ Executed in Register's Office Sworn to or affirmed and subscribed before me this o~~ day of (~f~~ ,~ov'~ ,~. Q c. _ ~ e ty for Register of Wills Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day of , Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 administer the Estate of the Decedent and respectfully request that Letters be issued to LAST WILL AND TESTAMENT OF JACK D. GAENZLE KNOW ALL MEN BY THESE PRESENTS, That I, JACK D. GAENZLE, of the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, do make, publish and declare this instrument to be my Last Will and Testament, hereby revoking and making void any and all former Wills by me at any time heretofore made. FIRST - I direct the Executors hereof to pay all my just debts, funeral expenses and costs of administration as soon as conveniently may be done after my death. I further direct the Executors hereof to pay all inheritance, estate, transfer and succession taxes which may be levied or assessed upon any property which is included as part of my gross estate for the purpose of any such tax. SECOND - I give and bequeath the sum of Seventy-Five Thousand and 00/100 ($75,000.00) Dollars to my grandson, JASON P. GAENZLE, if his father/my son, JACK W. GAENZLE, is alive at the time of my death. If his father/my son, JACK W. GAENZLE, predeceases me, this monetary bequest to my said grandson shall double to a total of ~~ 'S $150,000.00. _^ F ~' Furthermore, if and only my said son, JACK W. GAENZLE, predeceases me, thy, ~''. ~ a.= ,,:. ~--- _ _ , -~ aforesaid gift and bequest of $150,000.00 to my said grandson, JASON P. GAENZLE, ~hqN`~~;~~ ~ held IN TRUST by my daughter, HOLLY LORRAINE GAENZLE. My said trustee shall='~ s~ y ~ _~ disburse and pay to my said grandson all of the principal and income of said trust, in -" substantially equal annual installments, over the five (5) year period following my death, or ~~,~ ;~ Page 1 VVV JDG W-1 W-2 sooner if warranted in the sole judgment of my said trustee. Furthermore, and notwithstanding anything herein to the contrary, the said monies shall not be held in trust or, in the alternative, the trust shall be immediately liquidated and all principal and undistributed income disbursed to my said grandson, if he has earned or does earn a bachelor's degree from an accredited college or university. THIRD - I give and bequeath all of my household furniture and furnishings, appliances and personal effects to my daughter, HOLLY LORRAINE GAENZLE. I further direct the Executors hereof to pay the costs and fees of a moving company to move the said household furniture and furnishings to my said daughter's home in the Philadelphia area. FOURTH - I give and bequeath all of my tools, equipment, and fishing and hunting gear to my son, JACK W. GAENZLE, on the condition that he survives me. FIFTH - I give, devise and bequeath my real estate situate at 504 Spring Run Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania to my said son, JACK W. GAENZLE and my said daughter, HOLLY LORRAINE GAENZLE, or their survivor. If either said child fails to survive me, this gift, devise and bequest shall lapse as to the deceased child. SIXTH - I give and bequeath the sum of Five Hundred Thousand and 00/100 ($500,000.00) Dollars to my said daughter, HOLLY LORRAINE GAENZLE, or if she fails to survive me, to her daughters, to wit: MAIA ELIZABETH GAENZLE and LAURA QUINN GAENZLE, to be divided equally among them, share and share alike. Although this is a bequest ~'''~~"~ /.~~~~~~ Page 2 JDG W-1 W-2 without conditions, it is designed to help and assist my said daughter with the education of her daughters. SEVENTH - I give, devise and bequeath all the rest, residue and remainder of my Estate, both real and personal, as follows: (a) Fifty (50%) thereon to my said son, JACK W. GAENZLE, on the condition that he survives me. If my said son, JACK W. GAENZLE, fails to survive me, then I give, devise and bequeath the entire residue of my estate to my said daughter, HOLLY LORRAINE GAENZLE, or if she fails to survive me, to her daughters per stirpes; and (b) Fifty (50%) percent thereof to my said daughter, HOLLY LORRAINE GAENZLE or, if she fails to survive me, to her daughters, per stirpes. EIGHTH -Nevertheless, and notwithstanding anything herein to the contrary, if any beneficiary of this, my Last Will and Testament, shall be less than twenty-five (25) years of age at the time of the distribution of my estate, then I give, devise and bequeath that beneficiary's share of my Estate to my said son, JACK W. GAENZLE, IN TRUST, for the care, maintenance and education (including college education, both undergraduate and graduate) of my said beneficiaries. Said Trustee shall have the right to use both principal and income to accomplish the purposes of this trust. When all beneficiaries shall have reached the age of twenty-five (25) years, my Trustee shall distribute principal and undistributed income, if any, equally between them. ~~~ JDG W-1 W-2 Page 3 NINTH - I appoint my said son, JACK W. GAENZLE and my said daughter, HOLLY LORRAINE GAENZLE, or their survivor, Executors hereof. I do hereby give to the Executrix or Executors hereof full power, discretion and authority at any time or times to sell, at private or public sale, mortgage, lease, pledge, exchange or otherwise deal with or dispose of the property comprising my estate upon such terms as deemed best, to settle and compound any and all claims in favor of or against my estate as deemed best and, for any of the foregoing purposes, to make, execute and delivery any and all deeds, mortgages, contracts, leases, bills of sale or other instruments necessary or desirable therefor. LASTLY - I direct that no fiduciary appointed by this, my Last Will and Testament, shall be required to give Bond and that if, notwithstanding this direction, any Bond is required by any law, statute or rule of court, no Surety shall be required thereon. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of five (5) pages on the margin of which (except this page) I have affixed ~~~ ,~~~-"" Pa e 4 s~ g JDG W-1 W-2 my initials this o~Z'~ day of ~wv-'~ , A.D. 2008. Lq (SEAL) Signed, sealed, published and declared by JACK D. GAENZLE, the above named Testator, as and for his Last Will and Testament, in the presence of us and each of us, who at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ACKNOWLEDGMENT COMMONWEALTH OF PENNSLVANIA COUNTY OF DAUPHIN :ss I, JACK D. GAENZLE, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by JACK D. GAENZLE, the testator, this o21,~' day of ~uM,e , 2008. CK D. GA NZ ,Testator ~ ~ Notai Public C0~1M~~~°-~~ ~ ~ _..~.~.... ~'tO~iA~~~r~~. u ~~.~t~ NANCY L. ANDERSON, Notary Public Swatara Twp., Dauphin County My Commission Expires Jan. 28, 2011 AFFIDAVIT COMMONWEALTH OF PENNSYVLANIA COUNTY OF DAUPHIN ss We, Gregory R. Reed and Susan F. Reed, the witnesses 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 the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Gregory R. Reed and Susan F. Reed, witnesses, this ~2~-day of ~~+.~ ~ _ , 2008. fitness Witness N tary ublic COMMC)iVd~~-a`•-=== ~'~NSYLVANIN NOTARfAL SEAL NANCY L. ANDER Dau~ph ~~ ~ 1 Swatara Twp•~ My Commission Expires Jars. ~~ CODICIL I, Jack D. Gaenzle, of Upper Allen Township, Cumberland County, Pennsylvania, declare this to be a codicil to my will dated June 27, 2008. FIRST: I hereby amend Item FIFTH of said will so that it shall hereafter, in its entirety, read as follows: I give, devise and bequeath my real estate situate at 504 Spring Run Drive, Mechanicsburg, Upper Allen Township, Cumberland ~'' ~~, _ ~~ County, Pennsylvania to my said son, JACK W. GAENZLE, on ' °.;-~ ~ ~ ~` _~- ri_, ~J the condition he survives me. If my said son, JACK W. GAENZLE,, _~ - r`' _ - c , `~ ~_, ` _ does not survive me, then I give, devise and bequeath said real ~ ,,,, ~ ~~ ~> o estate at 504 Spring Run Drive, Mechanicsburg, Upper Allen ~~ Township, Cumberland County, Pennsylvania to my said daughter, HOLLY LORRAINE GAENZLE. SECOND: In all other respects, I do hereby ratify and confirm my will dated June 27, 2008. I have signed by name this ~(~~-day of ~ c.'~'O ~pe ~' .2008 1 k D. Gaenzle, Testator Signed by Jack D. Gaenzle, the testator, as a codicil to his will dated June , 2008 i the presence of us, who at his request, and in his presence, and the presence of eac other hav signed our names as witnesses. ~: ACKNOWLEDGEMENT AND AFFIDAVIT Commonwealth of Pennsylvania County of Dauphin :ss We, Gregory R. Reed, ~u Su h f' • ~e-e d~ and Jack D. Gaenzle, the Testator in and the undersigned witnesses to the codicil, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the Testator, do hereby acknowledge that I signed the instrument as a codicil to my will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the Testator sign and execute the instrument as his codicil, that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the codicil as a witness and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this I6'~ day of ~C.~trobe ~ , 2008. /danar.. ~ t,yrro~iraa~ Notary Public COMMON°~"EAt-~~ Q~ PENNSYLVANIA ~,~;, mA~IAL SEAL NANCY t.. ANDE~J~JN, Pdcstary Public Swatara Tava., Dauphin County My Commission Expires Jan. 28, 2011 Witness