HomeMy WebLinkAbout08-30-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Todd D. Getgen
also known as
i
COUNTY, PENNSYLVANIA
File Number ~ / ~ / ~ ~ ~~~
Deceased Social Security Number 161-62-4370
Petitioner(s), who is/are 18 years of age or olds, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix
last Will of the Decedent dated 8/9/2005 and codicil(s) dated
(State retevam circumstances, e.g., remenciation, death ojexecutor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted a8er execution of the insttvment(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
Q B. Grant of Letters of Administration
(Ifappltcable, enter: c.t.a.; d.b.n.c.t.a.; pendenteltte; duranteabsentla; duranteminoritate)
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Petitioner(s) after a proper searoh has /have ascertained that Decedent left no Will and was survived by the followin~ouse (if any;~d heitsi (~' i
Administration, c.t.a. or d. b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ zr ~ `. --
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(COMPLETE lNALL CASES:) Attach additional sheets ijneeessary. a ~
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
16 Sherwood Circle. Enola. East Pensboro Townshio. PA 17025
(List street address, tawn/city, township, county, state, zip code)
Decedent, then 42
years of age, died on 7/21/10
a[ North Middletown Township, Pennsylvania
Decedent at death owned properly 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
Form RW-02 rev. 10.13.06 Page I of 2
named in the
~~~
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
SS
COUNTY OF
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
me the U' day of
~ ~ ~.c SDI U
Signature ojPersonal
Srgnatwe of Personal Representative
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Signature of Personal R¢presentatlve
File Number: -° O
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Estate of Todd D. GetRen ,Deceased
Social Se ity Number: 161-62-4370 Date of Death:?/21/10
AND NOW, ~, in consideration of the foregoing Petition, satisfactory proof
having been presented be re me, IT IS DECREED that Letters Testamentary
ate hereby granted to Stems S. Geteen
in the above estate
and that the instrument(s) dated AuRUSt 9, 2005
described in the Petition be admitted to probate and filed of r rd as th last ill (and Co c I(s)) of Decedent.
FEES
Letters ............... $_~Cx~
Short Certificate(s) ........ $ ~ 0
Renunciation(s) .......... $~
.. $ i , Oa
... $ S,OD
.. $
.. $
.. $
.. $
.. $
TOTAL .............. $
~ Reg(ster Wi tJ - y~.f,
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Attorney Signature:
Attorney Name: Joseph N. Gothie
Supreme Court I.D. No.: 80390
Address: 111. E. Market Street
Suite 101
York, PA 17401
Telephone: 717-848-8455
Form RW-o1 rev. 10.73.06 Pag6 2 Of 2
Ib-~~3
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 16461979
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registraz. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
~ra~,.~er~.~._°J~re.Q.a.~aC~aeal.~ '11.77 //a
al RegistrarT ~- Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH •'VfMI RECORDS W
CORONER'S CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT
OF
TODD D. GETGEN
I, TODD D. GETGEN, having my legal residence at 16 Sherwood Circle, Enola,
Cumberland County, Pennsylvania, hereby declaze this to be my Last Will and Testament, revoking
all other Wills and Codicils heretofore made by me.
ARTICLE ONE
I declare that I am married to STELLA S. GETGEN (my "spouse").
!, ARTICLE TWO
I have one (child whose name and birth date is as follows:
N ES BIItTH DATES
ET~IAN CHARLES GETGEN October 19, 2003
Any references in this Will to my children aze to these children and to any children
subsequently bornto or adopted by me.
ARTICLE THREE
I direct the payment from my estate of the expenses of my last illness and funeral as soon
after my death as conveniently may be done.
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ARTICLE FOUR
I intend to leave a memorandum which will direct the distribution of certain items of
tangible personal property, and I request that my wishes as set forth in said memorandum be
followed. To the extent that my tangible personal property is not disposed of by memorandum, I
give all of the tangible personal property that I own at my death, including any household furniture
and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and
collections, wearing apparel, and other articles of personal and household use, equipment and
ornament, and all insurance thereon to my spouse, provided she survives me by thirty (30) days. If
my spouse fails to survive me by thirty (30) days, I give all such items to my Trustee, hereinafter
named, to be held) for the benefit of my children as my Trustee deeds appropriate. Any items not
held for the benefit of my children shall be sold and the proceeds distributed with the residue of my
estate.
ARTICLE FIVE
I give the #~est, residue and remainder of my estate, of whatsoever nature and wheresoever
situate to my spouse, provided she survives me by thirty (30) days. If my spouse fails to survive me
by thirty (30) days, I give the remainder of my estate to my Trustee, hereinafter named, to be held
for the benefit of my children in accordance with the pro~~isions of Article Six hereunder.
ARTICLE SIX
The trust sure established in Article Five for my children shall be divided so as to provide
one (1) equal share for each beneficiary. Each share shall be held, administered and distributed as
follows:
2
A. My Trustee shall pay to, or apply for the benefit of, each beneficiary so much of the
net income and principal of the trust share as my Trustee, in its sole discretion, deems appropriate
for such beneficiary's health, education, maintenance and support, taking into consideration all
other resources available to such beneficiary prior to making such distributions.
B. In making the aforesaid payments for the health, education, maintenance and
support of such beneficiary, the Trustee shall give a liberal interpretation to the discretionary
authority conferred by this Will so as to alleviate any burden on the guazdian of the person of the
child and on the gpardian's family that might be caused in any way by the presence of the child in
the guazdian's home.
C. When each beneficiary attains the age of twenty-five (25) years, my Trustee shall
distribute one-third (1/3) of the balance of accumulated net income and principal of the trust share
to such beneficiary?, free of trust.
D. When each beneficiary attains the age of thirty (30) yeazs, my Trustee shall
distribute one-half~(1/2) of the balance of accumulated net income and principal of the trust share to
such beneficiazy, fee of trust.
E. When each beneficiary attains the age of thirty-five (35) yeazs, my Trustee shall
distribute the remaining balance of accumulated net income and principal. of the trust share to such
beneficiary, free of trust.
F. If airy beneficiary dies before the complete distribution of his or her trust share, such
trust share shall ble distributed to his or her surviving issue, per stirpes, in accordance with the
provisions of this article Six. If my deceased child has no surviving issue, such trust share shall be
3
distributed to my surviving children, per stirpes, in accordance with the provisions of this Article
Six.
ARTICLE SEVEN
If at any time there is no beneficiary entitled to receive all or any part of my estate under
the preceding Articles, all of the remaining portion of my estate shall then be distributed one-half
(1/2) to those persons who would be my heirs at law and one-half (1/2) to those persons who
would be my spouse's heirs at law had we died intestate owning our estate.
ARTICLE EIGHT
No beneficiary or remainderman under this Will or any codicil hereto or any trust created
hereunder shall ha~re any right to alienate, encumber or hypothecate his or her interest in this Will or
any trust created) hereunder in any manner, nor shall any interest of any beneficiary or
remainderman be Subject to claims of his or her creditors or liable to attachment, execution or other
process of law.
ARTICLE NINE
Should th~ payment of expenses, claims and taxes from any Qualified Retirement Plan or
Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be
disqualified as a °`Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent
practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or
IRA assets.
ARTICLE TEN
I appoint C~ERARD KRAMER as Trustee of the trust shares established under Article Six.
4
ARTICLE ELEVEN
If my spoulse has predeceased me, I appoint my sister, GLORIA GETGEN STENGEL, as
guardian of the person of my minor children. If she is unable or unwilling to serve, I appoint my
spouse's sister, CECILE ROE, as guardian of the person of my minor children.
ARTICLE TWELVE
I appoint my spouse as Executor of my Will. If he is unable or unwilling to serve, I appoint
GERARD KRAMER as Executor of my Will. I give to my Executor and Trustee, in addition to
and not in limitation of the powers given by law or by other provisions of this Will, the following
powers with respect to settlement of my estate to be exercised from time to time in the discretion of
my Executor and Trustee, without further order or license of the Register of Wills or of any court:
To .retain any property, pending distribution hereunder, to invest in or purchase any
property without restriction to legal investments for fiduciaries, to distribute property in kind, to
compromise claims, and to sell any property at public or private sale;
2. To'borrow money from any person including any fiduciary acting hereunder, and to
mortgage or pledge any real or personal property;
3. To engage in litigation and compromise, arbitrate or abandon claims;
4. To make distributions in cash, or in kind at current values, or partly in each,
allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to
make reasonable dleterminations of current values;
5. To make elections, decisions, concessions and settlements in connection with all
income, estate, inheritance, gift or other tax returns and the payment of such taxes, without
obligation to adjust the distributive share of income or principal of any person affected thereby;
5
6. To invest and reinvest in every kind of property and investment which persons of
prudence, discretion and intelligence acquire for their own accounts;
7. To manage, control, repair and improve all real property;
8. To procure and carry at the expense of the estate insurance of the kinds, forms and
amounts deemed advisable by the Executor or Trustee to protect the Executor and Trustee and the
estate against any hazard;
9. To pay all taxes, assessments, fees of the Executor and Trustee and all other
expenses incurred in the collection, care, administration and protection of the estate;
10. To exercise such powers, herein conferred, after the termination of the trust estate
until fuial distribution of the estate assets; and
11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers
and privileges whicch an absolute owner of the property would have, subject always to the discharge
of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the
general or implied powers of the Executor and Trustee; the Executor and Trustee shall have all
additional powers that may now or hereafter be conferred on them by law or that may be necessary
to enable the Executor and Trustee to administer the estate in accordance with the provisions of this
Will, subject to any limitations specified in this Will.
No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary
hereunder shall have any liability for any mistake or error of judgment made in good faith.
My Executor and Trustee shall receive reasonable compensation for services performed as
determined by the court in which this Will is admitted to probate.
6
ARTICLE THIRTEEN
I realize thrat Executors are given discretion by law to make various elections which affect
the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of
beneficiaries, such as taking administration expenses as deductions for either estate or income tax
purposes, selecting options for the payment of employee death benefits, electing to take a qualified
terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing
the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The
decisions made bye my fiduciaries in any of these matters shall be binding upon, and not subject to
question by, any ~fI'ected persons. I rely upon my fiduciaries to take into consideration the total
income and estat~ taxes payable by reason of their decisions including those payable by my
survivors, and the are authorized iri their discretion, but not required, to make adjustments between
income and princi'~al as a result thereof.
ARTICLE FOURTEEN
I direct th2~t all estate, inheritance and other taxes in the nature thereof, together with any
interest and penaltiies thereon, becoming payable because of my death with respect to the property
constituting my gross estate for death tax purposes, whether or not such property passes under this
Will, shall be paid from the principal of my residuary estate, and no person receiving or having a
beneficial interest',in any such property, whether under this Will or otherwise, shall at any time be
required to contribute to or refund any part thereof; provided, however, that this direction shall not
apply to the taxes,on any property included in my estate solely because of a power of appointment
7
thereover which I possess but have not exercised or on any qualified terminable interest or to any
generation-skipping transfer taxes.
ARTICLE FIFTEEN
In the event that my spouse and I die simultaneously, or that the order of our deaths is
uncertain, my spouse shall be deemed to have survived me.
IN WITNESS WHEREOF, I have at /-~.erSh ~ ,Pennsylvania, this `~~day of
~itptz.S ~ , X005, set my hand and seal to this my Last Will and Testament, consisting of
eight (8) pages.
~~ ~ -
TODD D. GETGEN
SIGNED, 'SEALED, PUBLISHED and DECLARED by TODD D. GETGEN, the above
named Testator, a$ and for his Last Will and Testament, in the presence of us, who, at his request
and in his presenee, and in the presence of each other, have hereunto subscribed our names as
witnesses.
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8
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, TODD D. GETGEN, ~~ll~~f1t,1'~ m.C~~ `'Panel ~"ri~>.~"Q_VQj-f(q ,
Testator and witnesses, respectively, whose names are signed to the attached and foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator
signed and executed the instrument as his last will and that he had signed willingly, and that he
executed it as his free and voluntary act for the purpose therein expressed, and that each of the
witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the
best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound
mind and under no constraint or undue influence.
~~~
TESTATO
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WITNESS
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WITNESS
Subscribed and sworn to and acknowledged before me bMMy TODD D. GETGEN, the
Testator, and subscribed and sworn to before me by\~l,(.SCfA') I'L • ~~ ~°_ and
~Vj ~,~, A 1/p,;-(-G~ ,witnesses, on this day of ~ , 2005.
Notary Public
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