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HomeMy WebLinkAbout04-27-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of j.ACk'/S7A ~-'1 ~~ ~G-~.F_~ ,Deceased ESTATE :110: 21- ~~'~,,~j~ a/k/a: a/k/a: a/k/a: SS NO: ~ ~~~ ~ ~~ ' ~Ca ~~ Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters ~T Ft7'tr~rl,E,t,~TAQ~ under the last Will of the above-named Decedent, dated ~ ` p kL - wpb ~ 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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. 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 and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows: F` .. `.; Name Address r-Relationship ta~~ecedent ~-~ . O ~..~. ~ ~.~r~ ~ C7 ~~ '=- ~ -J ~~ ~'. r.. .,_..~ r.._..7 '_~_l _'~ - __ .; ~~ ~~ ,. s~ _~ ~. USE ADDITIONAL SHEETS IF NECESSARY ,;-_. ~ ~ °= ~~ THIS SECTION MUST BE COMPLETED: `~ ,. . Decedent was domiciled at dea in Cumberland County, Pennsylvan' with his/her last family r principal.~residence ~ At CiI~KW ~ c'J ~~-~er C./a~~.~ 5 Lr ~~ 170 ~ 5- (Streetaddress with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then S~3 years of age, died AOR(r 1 ~' ~ otv ~ ~ at ~-~ R ~ 15 L~r ~ P ~ (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property $ ~ ~ 5~~ ~V If not domiciled in PA Personal property in Pennsylvania $ If not domiciled in PA Personal property in County $ Value of Real Estate in Pennsylvania $ Total Estimated Value $ Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signature(s) O~Kl~~c7~~ P1.Ac.T . ClaRI--BSI.-F_ , ~A I7v ~`'S~ Name(s) & Mailing Address(es) .~~, ~ rn~c ~Fc ZFi~~F~ ~ ~aKtc~~ Pc~}cF , GI~Ru >~~ P~ t~76 r~' tntenm Form Kw-UZ revised 12.26.10 by Cumberland County pending action by the Court Page i of 2 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm 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 `~ ~ 2 b o me This ~/ ~ da of .~ ~, ~ .~~ ~w.;. c:~ ,? -µ~ -~~ ~- or th;, Register .~ ~~ '~''`~ ~~\~ 1 1 ~"".'Ha DECREE OF PROBATE AND GRANT OF LETTERS :~ `,mil -~. 4..~ { .~ . . Estate of e/ ~ ,Deceased File Number: 21-~~_- ~""' ., AND NOW, this ~ day of /~,~~ , in consideration of the Petition on the reverse side hereon, satisfactory proof aving been presented before me, IT IS DECREED that Letters ~ Testamentary of Administration are hereby granted to; ..~x-r ;-a=; t ... __ ; :.._ ., r-- ~~ ~ (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) the above estate and that truments(s) dated 4 described in t11e petition ire admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. ~~~ lenda Fatter Strasbaugh, ~ Register of Wills FEES: L ~~. Djj etters ....................$ Will ....................... °0 C dicil(s) ............... (~(~) Short Certificates ___ ( )Renunciations...... . Bond ............................ Other ............................. ................................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 ~.-z°~"~ TOTAL ................ $ Signature of Counsel Required to Enter Appearance Atty's Signature N PRINTED Name: Supreme Court ID No.:_ Address: Phone: Fax: Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 ~•'" f ~r ~ '~t„ - - ~,%~ ~, LAST W ILL A1VD TESTAMEIV T r J ~I . ~ ~ ~~ ~ ~~~ I, KRISTA H. ZEIGLER, presently residing at 4 Oakwood Place, Carlisle, Cumberland County, Pennsylvania, 17015 being of sound mind, rriemory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all Wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as maybe convenient after my decease. SECOND. I give, devise and bequeath all my estate, real, personal and Ynixed, whatsoever and wheresoever situate, to my beloved husband, MICHAEL R. ZEIGLER, provided that he survive me by a period of sixty (60) days. THIRD. In the event that my beloved, MICHAEL R. ZEIGLER predeceases me or is not living on the 60a' day following my death, I then give, devise and bequeath my said estate to our sons, namely, MARK C. ZEIGLER and GRANT W. ZEIGLER in such shares as to equalize in the sole discretion of my herinafter named Executor(s), and compensate as much as possible for any gifts to one son but not to the other during my lifetime for any reason including, but not necessarily limited to education, both undergraduate or graduate, purchase of a home or business, health, support, maintenance, etc. it being my specific intent and desire to treat both of our sons as equally as possible both during my lifetime and upon my death, or a per stirpes distribution basis. FOURTH In the further event that my husband predeceases me or is not living on the 60~' day following my death, and both of my beloved sons predecease me without issue, I then give, devise, and bequeath my said estate as follows: ONE HALF (1/2) of my estate to my brother, GEORGE W. HEMMINGER, III In the event that the said GEORGE W. HEMMINCYER, III predeceases me, I then give, devise and bequeath give his share to the F3ig Spring United Lutheran Church to be used as deemed best by it's church council,. ONE HALF (1/2) of my estate to be divided equally between my brother-in-law, STEPHAN A ZEIGLER presently of 458 Shippensburg, Road, Newville, PA 17241 and my sister-in-law, ANN Z. BROWN, presently of 15 Rosewood Drive, Westbrook, Maine 04092. In the event that either the said STEPHAN A. ZEIGLER or ANN Z. BROWN predecease me, I then give devise and bequeath the share of either or both who predecease me to the BIG SPRING UNITED LUTHERAN CHURCH to be used as the church council deems best. WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 FIFTH In the event that any beneficiary of this my Last Will and Testament is under the age of eighteen (18) years, I then give and bequeath said beneficiary's share to, and appoint as Guardian of any property which passes under this Will or otherwise, either son who survives me, MARK C. ZEIGLER or GRANT W. ZEIGLER AS GUARDIAN, NEVERTHELESS, to invest and re-invest the same until the said beneficiary reaches the age of eighteen (18) years, with the following powers in addition to those presently given by law: A. The power and obligation to expend the income towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; B. The power and obligation to expend the principal, within the discretion of the said Trustee, if the income is insufficient, towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; C. The power to sell any and all real estate, within the discretion of the said Trustee; D. The power and obligation to distribute the balance of principal and interest, if any remaining, when the said beneficiary reaches the age of eighteen (18} years, without the necessity of a formal adjudication of the Trustee's Account in the Court of Common Pleas of Cumberland County, upon the receipt of a good and valid release; .. E. The principal of the Trust and the income therefrom shall be free- from the debts, liabilities, and engagements of those beneficially interested therein, and shall not be subject to assignment by him o:r her, nor to attachment or execution under any legal, equitable or other process for the enforcement of judgments or claims of any sort against them, either individually or collectively; and F. In the event the above-mentioned person is unable to accept the position of Trustee, I then name, constitute and appoint may brother, GEORGE W. HEMMINGER, III presently of 40 Graham Road, Newville, Cumberland County, Pennsylvania 17241, as Trustee, with the same powers and obligations hereinbefore stated. C~~sE.~,~ WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 SIXTH. I nominate, constitute and appoint our son, MARK C. ZEIGLER as the Guardian of our son, GRANT W. ZEIGLER if such is convenient both financially and physically. SEVENTH. I nominate, constitute and appoint my husband, MICI3AEL R. ZEIGLER, to be the Executor of this my Last Will and Testament. TIi the event that he be unable to fulfill the duties of Executor, I then nominate, constitute and appoint my sons, MARK C. ZEIGLER and GRANT W. ZEIGLER or the survivor thereof to be the Co-Executors of this my Last Will and Testament. EIGHTH. I direct that my personal representatives or Guardians shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, KRISTA H. ZEIGLER, have hereunto set my hand and seal to this my Last Will and Testament, written on three (3) pages, the first page signed for identification only, this i s~ day of ~ e C e m ~ , ~ 008. (SEAL) WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 This instrument was by the Testatrix, on the date hereof, signed, publi:~hed and declared by her to be her Last Will and Testament, in our presence, who at her request ~~nd in the presence of each other, we believing her to be of sound and disposing mind and memor~r, have hereunto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND d ~io ,,~._-, - - ..-~'' ~~' ~` ~. ~~~. _,:. SS I, KRISTA H. ZEIGLER, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that l: signed and executed the j instrument as my Last Will; that I signed it willingly; and that I signed ;it as my free and voluntary act for the purposes therein expressed. Y, Sworn or affirmed to and acknowledged before me by KRISTA H. EIGLE the Testatrix, this~dayof ,2 08. --~ ~ ~ NOTA~?r;, _~EAL V __ Shippensburg, ~~~i ~:~_.mi~ri~nd Courrty Commission '= - fires 9etr~~er 7, 2010 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS /~ and "~ ~ ~~~ ,the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw KRISTA H. ZEIGLER, the Testatrix, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her frE;e and voluntary act for the purposes therein expressed; that each of us in the hearing and sight ~~f the Testatrix, signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. r r '' ~~ - ~ ~_ , _. ,~ _ ~_ f ,--~'" ''.-- ~/ Swom or affirmed to and subscribed before me ~ r;, ,_. by T~ ~ ,% C. w~ ,~~ - L~-~z~c.- `~~ `~ ~ and T c~, J v~ - r r ti ._ ~. ~ v` f' P l wi sses, this day of 6 , 2008. ~a®~rA~i~L s~ Jerr~f ;~, ~1~1c;iglo, Notary Pubic Shipperw~burc~, P~+ ~~umberland County MY Commission Expires OctU~~s~r 7, 2010 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS .4T LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397