HomeMy WebLinkAbout09-03-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA/n~
Fie Number 21 -10 - ~ ~oC_.
Estate of C. Diane Palovitz
also kriovm as
Deceased
Social Security Number 161-34-4800
Petitioner(s), who islare 18 years of age or rider, appry(ies) ror:
(COMPLETE i4' or B' BELOW )
^ A. Proba~Ea and Orarrt of LetEers Teatamerrtary and aver that Petitioner(s) is/are the named in the
last WiN of the Decedent dated 12/21/1990 and codittil(s) dated o
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,l.
(aiaMa nnrwadraaneianosa, ap., raremerean, seem aexacuer, ec.~ F-'= ~ ~ ;-~_ -,
t i-ri,'~+~~
Except as foiowa, Decedent did rat marry, wee not divorced, and rid not have a chid bom or adopted after execution of tties~y~i0`r~t(s) t{ff~red -~ ~ '-?
for probate, was rat the victim of a kMn9 and was never adjudicated an incapacitated person: -~O ,.~ ~ '
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TJ ; ;'__
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^X B. Orartt Of Lai>bers Of Ath11MilZrabOn C.t.a. ~-~
. e. e.; .n.e. a;
Petitioner(s) after a proper search has /have ascertained that Decedent left no WiN and was survived by the fotiowing spouse (rf any) and heirs: (!f
Administra txr, c.t.a. or d.b.n.c.t.a., enter date of lMll in Section A above and complete list of heirs.)
Name Relationship Residence
Beth D. Progin Daughter 164 So. Charlotte Street
Manheim, PA 17845
Marc A. Palovitz Son 1308 Carlisle Road
Cam Hill PA 17011
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domicied at death in Cumberland County, Pennsylvania Hritii Fits I Fier last princpal residence at
348 Blacksmith Road, Camp Hill (Lower Allen Twp.), Cumberland County, PA 17011
(List sheet sddross, town/cdy, towrralirp, county, state, zip code)
Decedent, then 69 Years of age, died on 08/23/2010 at Holy Spirit Hospital -Came HFII (East Peraisboro TMrp.), PannsylvaMa
Decedent at death owned properly with eMimated values as fdbws:
(H domialed in PA) AN personal properly $
(If not domicied in PA) Personal property in Pennsylvania $
(If not domidled M PA) Personal property in County $
10,000.00
Value of real estate in PenrislMania $ 182,080.00
situated as follovrs: 318 Blacksmith Road, Lower Allen Twp., Cumberland County, PaansyFvania
VVheroforai Petitiorier(c) reapectfuHy request(s) tM prdiats of the last wa end Codicil(s) preaeritd with ttms Petition and the 9rarx of LetOars in tM appropriate form to
tM uridwspnsd:
Signature Typed or printed name and residence
Mart; A. Palovi~ 1308 Carlisle Road
~~ Camp HiO, PA 17011
.,~-~) ~ ///` `~~Je~`/' ` I BNir D. Progin 1~ ~mCharlolia~
rbmr trwwz taw. tatasooa coarrisM tot zeds term eorMaw w+y Tir txlmar croup, nrc. ~ t
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Cumtteriand }
The Petitioner(s) above-named swear(s) w affrm(s) that the statemerda in the foregoing Petition are true and correct to the best of
the knowledge and beNef of Petitloner(s) and that, as personal represerrtative(s) of the Decedent, Petitioner(s) wiN weti and troy
edmiNater the estate accor~ng to law.
Swom to w affrcmed and subscribed
before me this ~~ day of
Register
File Number:
21 -10'
Estate of C. Diane PalovitZ
Soaal N~u bar: 161-34-4800 /l
AND NOW,___`\"t"1" ^. ~ c~~U
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in consideration of the foregokrg Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters of Administration c.t.a.
are hereby granted to Marc A. Palovitz and Beth D. Progln
in the above estate
and that the instrument(s) dated 12121 /1990
described in the Petition be admitted to probate and fled of record as the last wdl (and CodicN(s)) of Decedent.
FEES
Letters ........................................... S
Short CerfHleate(s) ........................ S
' ....................... S
Renunciation(s)....
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a 5,
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Att
Supreme Court I.D. No.: 53353
Law Office of Scott M. Dinner
Address: 3117 Chestnut Street
a
3
$ Telephone:
S
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TOTAL .................................... S
Date of Death: 08/23/2010
Camp Hill, PA 17011
7171761-5800
Form t~gZ Rev. 10.132008 CopyrSpht (c) 2008lorm eortwera ony The Ladmar Group. Inc. Pape 2 of 2
Attorney Name: SCOtt M Dinner Esq
HIOS.gpS RCb' DUI/OT
This is to certify that the information here given is
correctly copied from an original Certificate of Dea[h
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
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 16803966
Certification Number
a REV Home
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
` CERTIFICATE OF DEATH
(SO! IfutrllcNtme etnd wmplew an Nsv~ns) SPATE Fp.E MUA6ER
1. rrra DasaYa Goa. mYtla Y0. rAYd L the S emr Bea+q N,ne,r / a Oer d tb,b Qb«~, ew, p,rl
C. Diane Pelovitz Female 161 - 34,- 4800 Au et 2 2010
a k~ 6a+susn uaw t IAida t e. a eM T. Yb rr« : pY,e t>,an on
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69 yw August 3, 1941 Mechanicsburg, PA ® ^~/Q,~„e ^~ ^ ,r,,, ^~ ^p,,,.
eY oaeq a Deeb ee ob. fta, Taa a own ea r.dr larp wYrra~, tM rr.a aieer) a wr D,Oleae a N,Aweo Di4,» No yr to R,oa Neabrbdn awAwMa eb
Cumberland B. Penneboro Tt,+p. Holy Spirit Hospital MY,~«a~AarR~an«o) {A~1 white
11. Uliw aaakAab awd Ma o,war t2 Wr DareYa xar Y M to oeo,eaR, EOaeNr IepwM oil/ Nplwf e«d, aigiYA 11. exile a«c ebnY4 R,rr fYMM, to tbwnbp spa.. (e W,, yn mwr n,ea)
Child Rea d wan praftwrr/ma.ey us. A«ad Faori s,,.rn / SeeatlrY rota cape Its a e.l wmre, oa«a,e law+if
Day Care ^ Tr ~ Yo 12 Divorced
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348 Blacksmith Road °r'a.r' Pennsylvania u01dwb°;°dw „e_®Vr,n.e,eanu.,n Lower Allen
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Camp Hill
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pal.will
~jmr ' 12/20/90 '
~o -9~~
I, C. DIANE PALOVITZ, of 348 Blacksmith Road, Camp Hill,
Cumberland County, Pennsylvania, declare this to be my last will
and revoke any will previously made by me.
ITEM I. I give all my automobiles, and all other articles
of personal or household use, together with all insurance relating
thereto, to my children, MARC A. PALOVITZ and BETH D. PALOVITZ,
provided that they survive me by thirty (30) days. If one of my
children does not survive me by thirty (30) days, then I give all
my automobiles and all other articles of personal or household
use, together with all insurance relating thereto, to the child
who does survive me by thirty (30) days. If my daughter, BETH D.
PALOVITZ is a minor, my executor may distribute such items to my
said child as my executor deems appropriate, and articles which my
executor considers unsuitable for a minor may be sold and the
proceeds thereof added to my residuary estate. My executor may,
without further responsibility, distribute property passing to my
minor daughter under this article to my daughter or to any person
to hold for my daughter.
ITEM II. Provided that my children, MARC A.~ALOVI~Z and
BETH D. PALOVITZ, survive me by thirty (30 da s I ~ e~ .~'
Y g.~ ~he ~si,~,i~~,
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Page 1 of 8 pages. ~'' -'
~al.will
gmr 12/20/90
of my estate, real and personal, to my said children. said funds
shall be held IN TRUST and shall be distributed as follows:
A. Seventy (70$) percent to my daughter, BETH D.
PALOVITZ; and
B. Thirty (30$) percent to my son, MARC A. PALOVITZ.
The share of any child who predeceases me or who dies on or before
the thirtieth day following my death shall be distributed to his
or her issue per stirpes living on the thirty-first day following
my death and in default of any such then living issue, such share
shall be added to the share for my other child.
ITEM III. If any beneficiary becomes entitled to an
outright distribution of income or principal and is under the age
of thirty-five (35), that beneficiary~s share shall be distributed
to my trustee, IN TRUST, and administered as follows:
A. As long as the beneficiary is under twenty-six (26)
years of age:
1. As much of the net income and the principal as
my trustee, in my trustees sole discretion, may from
time to time think desirable shall be distributed to my
children, MARC A. PALOVITZ and BETH D. PALOVITZ, in such
Page 2 of 8 pages.
~al.will .
gmr 12/20/90 .
amounts or proportions as my trustee may from time to
time think appropriate; and
2. Any net income not so distributed shall from
time to time be accumulated and added to the principal.
B. After my beneficiary reaches twenty-six (26) years of
age, he or she shall have
(1/3) of the principal of
twenty-six (26) years of
thereof at any time after
entire balance thereof at
years of age.
the
the
age,
reap
any
right to withdraw up to one-third
trust at any time after reaching
up to one-half (1/2) of the balance
thing thirty (30) years of age and the
time after reaching thirty-five (35)
Any funds to be applied under this article either shall
be applied directly by my trustee or shall be paid to a parent or
guardian of the beneficiary or to any person or organization taking
care of the beneficiary. My trustee shall have no further
responsibility for any funds so paid or applied.
ITEM IV. All federal, state and other death taxes-- except
generation-skipping transfer taxes--payable because of my death on
the property forming my gross estate for tax purposes, whether or
not it passes under this will, shall be paid out of the principal
of my residuary estate just as if they were my debts, and none of
those taxes shall be charged against any beneficiary or any outside
Page 3 of 8 pages.
pal.will
cJmr 12/20/90 ~ '
fund. Any death taxes on future interests shall be paid out of
the principal of my residuary estate or the residuary trust whenever
my executor or my trustee, in my executor's or my trustee's sole
discretion, thinks best.
ITEM V. No interest in income or principal shall be
assignable by, or available to anyone having a claim against a
beneficiary, before actual payment to the beneficiary.
ITEM VI. I authorize my executor and my trustee:
A. To retain and to invest in all forms of real and
personal property, regardless of (i) any limitations imposed by
law on investments by executors or trustees, (ii) any principle
of law concerning delegation of investment responsibility by
executors or trustees or (iii) any principle of law concerning
investment diversification;
B. To compromise claims and to abandon any property
which, in my executor's or my trustee's opinion, is of little or
no value;
C. To borrow from anyone, even if the lender is an
executor or trustee hereunder, and to pledge property as security
for repayment of the funds borrowed;
Page 4 of 8 pages.
pal.will
gmr '12/20/90 '
D. To sell at public or private sale, to exchange or
to lease for any period of time, any real or personal property,
and to give options for sales or leases;
E. To join in any merger, reorganization, voting-trust
plan or other concerted action of security holders, and to delegate
discretionary duties with respect thereto;
F. To allocate any property received or charge incurred
to principal or income or partly to each, without regard to any
law defining principal and income;
G. To distribute IN KIND and to allocate specific
assets among the beneficiaries (including any trust hereunder) in
such proportions as my executor or my trustee may think best, so
long as the total market value of any beneficiary's share is not
affected by such allocation.
H. To use administrative or other expenses of my estate
as income tax or estate tax deductions or both and to value my
estate for tax purposes by any optional method permitted by the
law in force when I die, without regard to whether they were paid
from principal or income, without requiring adjustments between
Page 5 of 8 pages.
pal.will
gmr 12/20/90 '
principal and income for any resulting effect on income or estate
taxes.
These authorities shall extend to all property at any
time held by my executor or my trustee and shall continue in full
force until the actual distribution of all such property. All
powers, authorities and discretion granted by this will shall be
in addition to those granted by law and shall be exercisable without
leave of court.
ITEM VII. I appoint my brother, RICK E. KLINGER, executor
of this will, but if he for any reason fails to qualify or ceases
to act, I appoint SUSAN CIBORT executor in his place. I appoint
COMMONWEALTH NATIONAL BANK as trustee under this will. I direct
that:
A. Any executor may resign at any time without court
approval;
B. Any corporate fiduciary hereunder shall receive
compensation in accordance with its standard schedule of fees in
effect at the time its services are performed; and
C. No executor or trustee shall be required to post bond.
Page 6 of 8 pages.
~al.will
gmr '12/20/90 '
ITEM VIII. If I die before my daughter reaches 18 years
of age:
A. I appoint IRENE KLINGER guardian of the person of
my daughter during her minority; and
B. I appoint COMMONWEALTH NATIONAL BANK as guardian
of the estate of my minor daughter over any property that may pass
to her other than under this will or a trust of mine.
I direct that:
1. Such guardians shall have the same management
powers as those granted my executor, may pay or apply
principal as well as income for the minor's welfare,
comfort, support or education, without court approval,
(and if they, in their sole discretion, determine that
it is impractical to administer any fund, they may deposit
such fund in one or more savings accounts in the minor's
name, payable to him or her at majority; the guardians
shall have no further responsibility for any funds so
paid, applied or deposited); and
2. No guardian shall be required to give bond.
ITEM IX. The term "executor" and "trustee" or any pronoun
used to indicate the executor, trustee, any other fiduciary or any
beneficiary shall be deemed to apply to one or more than one person
Page 7 of 8 pages.
pal.will
cjmr ' 12/20/90
or corporation and to the masculine, feminine or neuter gender, as
the case may be.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
to this, my last will, this ~-+~-St- day of ~ D ~ 11 ,
1990.
` (SEAL)
C. DI E PALOVITZ
SIGNED, SEALED, PUBLISHED, and DECLARED by the above
testatrix, as and for her last will, in the presence of us, who
thereupon at her request, in her presence and in the presence of
each other, have hereunto subscribed our mes as witnesses.
rk ~~`~
Page 8 of 8 pages.
pal.will
gmr 12/20/90 '
COMMONWEALTH OF PENNSYLVANIA
( ss:
COUNTY OF DAUPHIN ~
We, C. DIANE PALOVITZ, ~ ~o!'I C.L /n, /~ ~ n ~ , and
i G~"1 ~ ~ ~ ~D/7 ~ C .c .~ the testatrix and witnesses,
respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn do hereby declare to the
undersigned authority that the testatrix signed and executed the
instrument as her last will and that she had signed willingly and
that she executed it as her free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the presence
and hearing of the testatrix, signed the will as witness and that
to the best of our knowledge, the testatrix was at that time eighteen
years of age or older, of sound mind and under no constraint or
undue influence.
SUBSCRIBED, sworn to or affirmed, and acknowledged before
me by the above-named testatrix and by the witnesses whose names
appear above on _~ Q~'~ ~ ~ , 1990.
ary Public
- JULIE A G ORGE H~ q~qy pUg~,~
HARRISBURG, DAUPHIN COUNTY
MYCOMMISSION D(PIRE6 FEB. 22,1990
Member, Pen I
nsylvaraa Association of Notaries
fitness
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND
COUNTY, PENNSYLVANIA
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Estate of C. Diane Palovitz
Deceased
I, Susan Cibort in my capacity/relationship as
(Print Name)
Executrix
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Marc A. Palovitz and Beth D. Progin
~9-O~-ID
(Dale)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
n
(Sheet Address)
1~.Pr1 ~m ~~ l'1 /13
(City, scare, Zep) ~
.~
igmhre)
Executed out of Register's O, f)'ice
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 thig~ day
of m~ `;,' w~'lO
;;
otary blic
My Commission Expires: ~pt`~,ni et t$ 2'013
(Signatwe and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
ODMMONUVEALTH OF NN Y VMilA
Kevin ~, ~ SeN
~~P~n TM'P•, Gutlb~ er ~Q
CCf-MFNerIOn ~ 18 m
. ~MMISVhl111Ne A~OWypn p/~AIS
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RENUNCIATION `~
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REGISTER OF WILLS
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' _
CUMBERLAND COUNTY, PENNSYLVANIA a ~ `.5' _
: - ~;
~~ - ~~~ - ogio2
Estate of C. Diane Palovitz
Deceased
I, Rick E. Klinger . in my capacity/relationship as
(Print Name)
Executor of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Susan Cibort
~ ~~ - ~ ?~
~"
r-
(SbeetAddreu)
(City, State, Zip)
Executed in Regfster's O,,~rice
Sworn to or affirmed and subscribed
before me this
of
Deputy for Register of Wills
Executed out ojReg~ste-''s O,,Q'ice
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
p es stated within on this 30th ~y
of Au ust ~ 2010
~ .
day
l~T6tary Public
My Commission Expires: Lp -a3-1 O
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
FonnRW-06 rev. 10.13.06
IIOMMAL •M.
~CCMMDNMR
~Y ~~
CJIU!lltl ~ONOUGI, CIN~Ep1AI~pCO{MIY
1Yly COIIIIINMIOn 6tpMM OCf !i, 2010