HomeMy WebLinkAbout03-17-10+P,
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of ROBERT L KURTZ
also known as
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
COUNTY, PENNSYLVANIA
File Number ~ ~ ' ~ U ~ ~~
Social Security Number 206-32-4653
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the CO-EXECUTORS
last Will of the Decedent dated 10/27/2008 and codicil(s) dated
(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:
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritateJ
Petitioner(s) after a proper seazch 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 Relationshi Residence
~ -... _
r;~~ ~ ~;, ,~`',
.~ ~ ~_ +~ ,
(COMPLETE INALL CASES.) Attach additional sheets if necessary. ° ~- ~ ~= ' ~ { ;`
r~ Decedent was domiciled at death in CUMBERLAND ~ }'' - -~'
i' County, Pennsylvania with his /her last principal resi Iz __ ,t r'
5560LD MILL ROAD CARLISLE PA 17013 ,
(List street address, rown/city, township, county, state, zip code) ~t,~ ~ _,i ~ --
Decedent, then 70 yeazs of age, died on 03/08/2010 at 55,~OLD MILL ROAD, CARLISLE, PA 1704 `~ t^;
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 208,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 140,000.00
situated as follows:
KAREN KURTZ WEYL 7 CHARLES POINTE, NEWARK, DE 19702
~~~ ~1 ~/ ~ GRA1G U. KURTZ 1635 NATHAN LANE, HERNDON, VA 20170
named in the
Form RW-Ol rev. 10.13.06 Page 1 of 2
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 PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the ~ ~~ day of
°~ 1 ~
`~ For the Register
Signature of Personal Representative
File Number: ~l ~ ~ l ~ ~ ~~
Estate of ROBERT L. KURTZ , Deceased
Social Security Number: 206-32-4653 rr`` Date of Death:03/08/2010
AND NOW, ~~~ r~ f~1 ~ ? V l in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to KAREN KURTZ WEYL & CRAIG D. KURTZ
in the above estate
and that the instrument(s) dated 10/27/2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
2 n t~ . C3D Register of Wills ~'`
Letters ............... $l.bul.Z_ ~ -
Short Certificate(s) ........ $ ~ ~ ~~ Attomey Signature: .
Renunciation(s) .......... $ i ~~
u) ~ ~ ` ... $ (b . C~ Attorney Name: STEPHANIE E. CHE'RTOYC
L~~~~ ... $ c~ ~ oU Supreme Court LD. No.: 52651
Address: 61 W. LOUTHER STREET
... $
$ CARLISLE, PA 17013
... $
... $
••• $ Telephone: (717)249-1177
... $
TOTAL . ~~~
Form RW-02 rev. 10.13.06
Page 2 of 2
. _ __
:~~~;~ ,- a~~~~ ~~-~
LOCAL REGISTRAR'S CERTIFICATION OF DEATF~
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P x.6354948
Certification Number
.~
H106.1H REV 11/1008
rrPE
~ #32-221
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This is to certify that th~~ 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 filin;.
~~~'~.c~~c~_~ t~iA 1 ~ 010
Local Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS b "~ N f~_ ~~
CORONER'S CERTIFICATE OF DEATH
(SN Inatructbns and exempbw on fsvslse) STATE FILE NUMBER 0 4_,7 ~
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4653
206
32
_
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March 8, 2010
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LAST WILL AND TESTAMENT
OF
ROBERT LEE KURTZ
I, ROBERT LEE KURTZ, of Carlisle, Cumberland County Pennsylvania, being
of sound and disposing mind, memory and understanding, do make, publish and declare this
to be my Last Will and Testament, hereby revoking and making void all previous Wills and
Codicils heretofore made by me.
FIRST
I order and direct my personal representative hereinafter named to pay all expenses
of my last illness, just debts, funeral expenses and expenses involved or connected with the
administration of my estate as soon after my death as is reasonably possible. However, my
personal representative need not accelerate and pay those unmatured obligations which, in
his, her or its opinion, it might be proper and more advantageous to retain or renew and pay
as they become due and payable. If I do not own a burial plot or a grave marker at the time
of my death, I authorize my personal representative, in his, her or its sole discretion, to
urchase a burial lot and to erect a suitable ave marker at m ave, and to ex end sums
P P ln' Y ~' p
from my estate for this purpose.
SECOND
•~; I give, devise and bequeath my entire estate, of whatever nature and wheresoever
situated to my beloved children, CRAIG DAVID KURTZ, and KAREN KURTZ
WEYL.
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THIRD
To my wife, JANNA LOCKE MOWERY KURTZ, I give, devise and bequeath
the sum of $1,000.00 cash. Such is intended to constitute a token gift. My intent is based on
the fact that throughout our marriage, my wife and I maintained entirely separate estates.
We each supported ourselves and accrued assets separately and individually via our
individual incomes. As it was our mutual desire to each provide for our own maintenance
and support and to invest our own money as we saw fit, independence from any influence
from the other, it is my desire to dispose of my own separate estate in the same manner, that
being in my sole discretion and free of any influence from my wife, JANNA LOCKE
MOWERY KURTZ.
~~
FOURTH
I give, devise, bequeath the rest, residue and remainder of my estate of whatsoever
nature and wheresoever situate in equal shares to my children, CRAIG DAVID KURTZ,
and KAREN KURTZ WEYL, per stirpes.
FIFTH
Any item that is not distributed under the terms of the prior paragraphs shall be
distributed according to the discretion of my personal representative, after consultation with
any heir or heirs of mine who survive me, and my personal representative shall choose such
articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and
all other tangible evidence of intangible personal property) as he, she or it believes will be
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useful to such heir or heirs or desirable for him or her or them to have, either from a
sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or
among such heirs in equal or unequal shares as determined by the further exercise of his, her
or its discretion, provided no other heir objects to the distribution. All tangible personal
property not so distributed is to be sold, either publicly or privately, by my personal
representative, adding the proceeds of such sale or sales to my residuary estate and to be
disposed of in equal shares among my surviving heirs after payment of my estate debts,
taking into account the tangible personal property otherwise provided to them.
SIXTH
Any devise or distribution under this Last Will and Testament which is payable to
any beneficiary who may be under 25 years of age, or, in the judgment of my personal
representative, mentally disabled, shall be held in separate trusts, by my son, CRAIG
DAVID KURTZ, or my daughter, KAREN KURTZ WEYL. In the event that both
KAREN and CRAIG are unwilling or unable to act as Trustee, then in the alternative, I
shall appoint my granddaughter, CABBIE MARIE KURTZ, to act as Trustee until such
beneficiary(s) reaches 25 years of age or during such period of disability.
So long as any beneficiary is under the age of 25 years of age, or mentally disabled,
the net income of his or her Trust shall be paid to, or applied for the benefit of said
beneficiary(s) at such times and in such amounts that the Trustee shall in his or her
discretion deem necessary for the health, maintenance, support, and education of each
such beneficiary(s). Education shall be defined broadly to include not only that available
in college, but also trade school and other similar training. In the event that the income
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shall be insufficient to provide said beneficiary with adequate health, maintenance,
education and support, the Trustee may invade the principal of this Trust for this purpose.
SEVENTH
I grant my personal representative the following powers in addition to and not in
limitation of such powers as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary
acting hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger,
reorganization or voting trust plan; to delegate authority with respect thereto;
to deposit investments under agreements and pay assessments; and generally
to exercise all rights of investors, including but not limited to, the voting of
shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any
real estate held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other
securities or property, real or personal, without regard to the principle of
diversification or any other statute or general rule of law in his, her or its
absolute discretion, it being my intention to give my personal representative
the broadest investment powers possible, providing such investments do not
unnecessarily prevent the prompt settlement of my estate.
e
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(f) To sell or otherwise dispose of any property, real or personal, tangible or
intangible, at any time forming a part of my estate in any manner and on
such terms and conditions as my personal representative shall see fit in his,
her or its absolute discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes
in the administration of my estate, and to mortgage or pledge estate assets as
security.
(h) To compromise claims without court approval including, but not limited to,
any controversies with the United States of America or the Commonwealth
of Pennsylvania concerning estate and inheritance taxes on any interests that
may pass under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my
estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in
his own right, upon such terms and conditions as to him, her or it may seem
best and to execute and deliver all instruments and to do all acts which he,
she or it deems necessary or proper to carry out the purposes of this, my Last
Will and Testament.
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EIGHTH
All property under this Will shall pass as though my wife predeceased me. If any
other beneficiary should die within sixty (60) days after my death, he or she shall be deemed
to have predeceased me for all purposes hereunder.
NINTH
No interest of any beneficiary of my estate, either in income or in principal, shall be
subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any
beneficiary have the power in any manner to charge or encumber his interest either in
income or principal, nor shall the interest of any beneficiary, while in the possession of my
personal representative, be subject to liability for such beneficiary.
TENTH
I direct that my executor or executrix, trustee, or guardian herein named shall not be
required to give or post bond for the faithful performance of their duties in any jurisdiction.
ELEVENTH
I nominate, constitute and appoint my beloved children, CRAIG DAVID KURTZ,
and KAREN KURTZ WEYL, as personal representatives of this my Last Will and
Testament. In the event that either of them is deceased, unable or unwilling to serve or shall
cease to serve for any reason whatever, then the other one shall act alone. I direct that my
personal representative shall not be required to give or post bond for the faithful
performance of his, her or its duties in this or any other jurisdiction.
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TWELFTH
I hereby declare it to be my expressed desire that my personal representative(s)
employ the law firm of Stephanie E. Chertok, Esquire, of Cumberland County,
Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament,
they having considerable knowledge of my affairs, views and wishes respecting any
matters that may arise at the probate of this instrument, the administration of my estate,
and the execution of the powers herein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and
Testament this ~~ day of ~ ~ 2008.
WITNESS:
`. ~.~,,
ROBERT LEEK TZ
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, ROBERT LEE KURTZ, the testator whose name is signed to the attached or
foregoing instrtument, 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.
_ ~2~
ROBERT LEE KURTZ
Sworn or affirmed and acknowledged before me by ROBERT LEE KURTZ, the
testator, this ~~ day of ~~~ , 2008.
NOTARIAL SEAL
STEPHANIE E CHERTOlC, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 24 201 I
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
We, d ~~' ~.he witnesses whose names are
attached to the foregoing document, being duly qualified according to law, do depose and
say that we were present and saw testator sign and execute the instrument as his Last Will
and Testament; that he signed willingly and that he 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 Last Will and Testament as witnesses and that to the best of our
knowledge, the testator was at the time 18 or more years of age, of sound mind and under no
constraint or undue influence.
or affirmed and subscribed before me by ,/~~,~~ t ~ and
~- this o~r~ day of ~~, ~ , 2008.
NOTARIAL SEAL
STEPHANIE E: CHERTQK, Notary Public
Carliwfe ~c~rc~, ~~~~~~ ~~rit~
My Commission Expires Marth 24 201 1
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