HomeMy WebLinkAbout08-02-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
C~~ ~~ .
Estate of lack G. Metzger SR. Deceased ESTATE NO: 21- ~ ~ ` +~ J ~
a/k/a:
alk/a:
a/k/a:
SS NO: 178-26-9352
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
a plicable:
I ,A. Probate and Grant of Letters Testamentary or pAdministration 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~ $~(3t M ~N 1 ~} fZ~i under
the last Will of the above-named Decedent, dated and codicil(s) dated
(State relevant circumstances, e.g. renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(8):
^ B. Grant of Letters of Administration
(If applicable, enter d.b.n., pendent life, durante absentia, durante minorItate)
C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the
following spouse (if any) and heirs (If Administration c.t.a. or d.b.n.c.t.a, enter date of Will in Section A and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:-
Name Address Relgt~nsbip to Decedent
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USE ADDITIONAL SHEETS IF NECESSARY %~ ~ _ °°
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THIS SECTION MUST BE COMPLETED: ~ ~-~ ~~ r ~-
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence ~'
At 2737 Lisburn Road Camp Hill, PA 17011 Lower Allen Township
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then ~$ years of age, died 7/15/2011 at Harrisburg, PA
(Month, Day, Yeaz of death) (City and State where death occurred)
Estimated value of decedent's property at death:
_If domiciled in PA All personal property $ ~ v de'~~
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.) 2737 Lisburn Road, Camp Hill
~ Signature(s)
Name(s) & Mailing Address(es)
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Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court 1 J Page 1 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.
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Estate of ~ ~ `~ I` ~ "i ~ 1 ~+~ ~ ~ ~-C'~ ~, ~ _ ,Deceased File Number: 21- -
AND NOW, this - `~lda of ~ ~t,L.'k L- " ~~ , in consideration of the Petition on
y IT IS DECREED that Letters
the reverse side hereon, satisfactory proof ha been presented before me,
~.=testamentary - of Administration are hereby granted to:
(IrapplkaLae, enter c.t.a., d.hn„ d.b.n.at.a, etc.)
the above estate and that
admitted to probate and '
FEES:
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Letters ... ... ... ...........$ 71
. ~ ..
Will ...... .................
Codicil(s) ............... .
( )Short Certificates ~~ ;~ ~~~~
( )Renunciations.......
Bond .............................
Other .............................
.................................
Automation FEE......... 5.00
JCS FEE ................... 23.50
_~~
TOTAL ................ $
u ents(s) dated ) ,~~ ~ ~ ~ ~ described in the peririon be
of record as the last. Will and Codicil(s) of Decedent.
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Glenda Farner Strasbaugh.~ '' r~~~ i`~~ ~iZ.'~~'` J ~'; , j
Register of Wills f
Signature of Counsel Required to Enter Appearance
Atty's Signature
PRINTED Name:
Supreme Court ID No.:
Address:
Phone:
Fax:
ly p~ding action by the Court Page 2 of 2
Interim Form RW-02 revised 12.26.10 by Cumberland Coon
>~ or the xegister __
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DECREE OF PROBATE AND GRANT OF LETTERS
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LrGCAIr_ REGISTRAR'S CERT~IFIC~4°TIOI~ +C)F D~: ~-:~TR
°NARNII~iG: It is illegal to duplicate this ropy by photostat or photc,r, . ~::.
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TYPE I PRIM IN
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse) x~nFA
1. Name of Decedent (Frs4 middle. Iasi, suffix) 2. Sex 3. 5«xal Secudy Numbe 4. Dak d Deem IMO^m, daY. Year)
Jack Galen Metz er Male 178 - 26 - 9352 7/15/2011
s. Age (last BiMdayl under 1 under t 4a 6. Date of &M Monm, da , 7. ei ce Ci a1d data «f« - ea. Place d Deem the k ord one
Wnms 6eys Hours AanMas Hospital: Other'
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' Sb. Counry of Deem tic. Crry, B«a. Twp. d Deam ed. FaciMy Name pf not iistitution, give sheet arA number) 9. Was DBtedeM of Hispanic Origm? _ L,yo ^ y~ 10. Roca: Amenran Intlian, Black, WMe, ek.
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(If yes, spacdy Cuban,
(Spen7y)
Dauphin Harrisbur Mexican, Puerto Rican, ek.)
Harrisbur Hos ital White
Decedent's Usual lion Kintl d woE lore tlun mast of workin life. Do not state retlr
11 / r Martietl, 75. Survmng Spouse (d wife, give maiden name)
dal
StaD ~~ ed~I
12 Was DBcedeM ever m d1e 13. Decetlent's Education (SpeEry ony hghest grade cdnpleted) 14. W r
.
Kntl dWork Kind d Business I Industry d
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U.S. Artretl Foroes? Elementary /Secondary (0-12) College (tb or Stj
Driver Truclttn ~ Vea ^ No 8 Mauled E[mla Lon
16. DecedenYS Mailing Adtlrass (Sheet, city /town, state, zip code) Decedent's ~ DazedeM [J Allen
PA Live in a 17c
Decedent Lived m pl~-r Twp
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2737 Lisburn Rd. .
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rownsnip? 17d. ^ No. Decedent LNetl wimin
CLUnberland
Hill PA 17011 nb.coanty
Actuallimiuof coy/Born
1B. Fathel5 Name (First, mltltlle, last, wffix) 19. MomeYS Name (Fist, midde, maitlen 5umarlle)
Unavailable Hazel Metzger
20a. InfornanYS Name (Type I Pnnq 2gb, IntormanYS Mating Address (StieeL ciy /town, state, zip cotle)
Emma Lon 2737 Lisburn RD. Hill PA 17011
21 a. Memotl of DisposAbn ~ c~atron ^ Donaton 21 b. Date of Disposition (Month, tlay, year) 21c. Place of Disposition (Name d cememry, aemalory or omen pace) 2t d. Locetan (City / rown. state, zp cadet
_
^ Bural ^ Removallromstale ~ wa:cremation«DOnadonAUlhorizedIq 7/18/2011 Evans Cremation Service Leola, PA 17540
^ Omer- S ~ Mal ExaminerlC«oner? Id,1 Ves^ No
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acting as such)
~ 22a Sgnam d rvice 22b. License Number 22c. Name and Atldress d FacNiry Neill Funeral Home Inc
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- ~ FD 013239 L , PA 17011
3401 Market St. Camp Hil
Corglete i s 23at aMy when cerMying 23a. Te me oast d my knowletlga, deem occurred at tlN time, dale acct place staled. (Signaure orb title) 23b. Lcense Number 23c. Date Signed (Month, day, year)
physkia not available el Ume of deem eo
ce ' se al death.
Time of Deam
24 25. Date Proreuncetl Deatl (Manor, y, year) 26. Wes Case Referretl to McEcel Examiner / Cororer for a Reason Omer man Cremation or Donation?
hems 2x26 must be completed by person
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who proreorkx5 deem. ,
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CAUSE OF DEATH (See instructions and a metes , Approxhnate interval: Pan II: Enter dher sipnilirant cardtims wnlnWGne m deem. 28.Oq Tobago Use Contribute to beam?
Item 27. Pan l: Enter me ctla n of events -diseases, injuries, «complications -mat Erectly caused me deem. DO NOT enter terminal events wch as cardiac arrest. Onset to Deam b« rat rewtong in me undedyxq cause given in Pan 1. ^ yes ^ Probaoly
resgratory artesL or ventntular fibdllatbn witlwul strowirg me e(elogy. List mly Me cease on eazh line. ^ No ^ Unkrewn
IMMEDIATE CAUSE 1Flnal disease or ~a f
cenduon resdtinq in rleam)
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30a. Was an Autopsy 30b. Were Autopsy Findings 31. Menne of Deam 31a. Date Of Injury (MMm, day, year) 32b. Dascnbe How Injury Occwred 32c. Puce of Injury'. Home, Farm, Street, Factory.
Omce Buildrg
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Pedomled? Available Prior Io Completxn
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o ^ Accident ^ Pending Investgation ~tl. Time of Injury ffie. bury at Work? 321. If Transponatbn kqu7 (SpedN 329. Lawtb d Injury (Street, cM /town. state)
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On iM basis d examination and / or Investigation, n my opinion, death oared al the time, dale, and place, and due to the cause(s) a (Item 27) Type I Pnnt
36 Name antl Adtlress d Person Who Completed Cause of Do
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LAST WILL AND TESTAMENT OF y4.-,
s~
JACK G. METZGER -.~~~' "
?7 '
I, JACK G. METZGER, of Camp Hill, Lower Allen Township, Cumberland
County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any
former Wills and Codicils made by me.
FIRST: I am married to EMMA G. METZGER, and all references to my wife in
this Will are to her. We have four children: JACK G. METZGER, JR., LINDA R.
METZGER, LISA KAY FINNERAN and DENISE LYNN LOWER. All references to my
children in this Will are to them. These and any other children born to or adopted by my
wife and me are described in this Will as "my children," or as "a child of mine." Any
person born to or adopted by a child of mine is described in this Will as "my issue."
Provided, however, no adopted person shall benefit hereunder unless the order or
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decree of adoption is entered before such adopted person attains the age of twenty-one
(21) years.
SECOND: I give my tangible personal property and all casualty insurance that I
am carrying on said tangible personal property to my wife, or, if she fails to survive me,
to my children, to be divided equitably between them as they may determine, or, if they
are unable to agree, as my Executor shall determine, after considering the wishes of my
children. I have complete confidence that my wife, my children or my Executor will
honor any written instructions that I may leave with regard to said tangible personal
property. Any such property not so distributed shall be sold, and the proceeds added to
my residuary estate to pass as hereafter described.
THIRD: I give, devise and bequeath all the rest, residue and remainder of my
estate and property of every kind and description (including lapsed legacies and
devises), wherever situate and whether acquired before or after the execution of this
Will, absolutely in fee simple to my wife, Emma G. Metzger, or, if she fails to survive me,
in equal shares to my children, or to their issue. In the event one of my children fails to
survive me and dies without issue, then the survivors of my children, or their issue, shall
Last Will and Testament of Page 1 of 6 I r ~~/,
JACK G. METZGER JGM
receive the entirety of my estate. In the event no issue survives me, then I give one-half
('/2) of my estate to my heirs-at-law and one-half ('/2) of my estate to my wife's heirs-at-
law.
FOURTH: No person shall benefit hereunder unless such beneficiary shall
survive me by thirty (30) days.
FIFTH: If any beneficiary and I should die under such circumstances as would
render it doubtful whether the beneficiary or I died first, then it shall be conclusively
presumed for the purposes of this my Will that said beneficiary predeceased me;
provided, however, that if my wife shall die with me as aforesaid, I direct that I shall be
conclusively presumed to have survived her.
SIXTH: If any share hereunder becomes distributable to a beneficiary who has
not attained the age of twenty-five (25) years, then such share shall immediately vest in
such beneficiary, but notwithstanding the provision herein, my Trustee shall retain
possession of such share in trust for such beneficiary until such beneficiary attains the
age of twenty-five (25) years, using so much of the net income and principal of such
share as my Trustee deems necessary to provide for the proper medical care,
education, support and maintenance in reasonable comfort of such beneficiary, taking
into consideration to the extent my Trustee deems advisable any other income or
resources of such beneficiary or his or her parents known to my Trustee. Any income
not so paid or applied shall be accumulated and added to principal. Such beneficiary's
share shall be paid over and distributed to such beneficiary upon attaining the age of
twenty-five (25) years, or, if he or she shall sooner die, to his or her executors or
administrators. I recommend that my Trustee consider distributing all of the income
from such share to such beneficiary when such beneficiary attains the age of twenty-
one (21) years. My Trustee shall have with respect to each share so retained all of the
powers and discretions had with respect to the trusts created herein generally.
Last Will and Testament of Page 2 of 6
JACK G. METZGER
JG
SEVENTH: (1) I name my daughter, Linda R. Metzger, as my Executrix and
Trustee. If she is unable or unwilling to serve, I name my children, Jack G. Metzger, Jr.,
and his wife Marie Metzger, Lisa Kay Finnerman and Denise Lynn Lower, or the
survivor of them, to be my Co-Executors and Co-Trustees, herein referred to as my
Executor and Trustee, regardless of number or gender.
(2) My Executor and Trustee shall serve without bond in any jurisdiction in which
called upon to act.
(3) My Executor and Trustee shall be entitled to receive reasonable
compensation for services rendered.
(4) No person who at any time is acting as a Trustee or Co-Trustee (if any)
hereunder shall have any power or obligation to participate in or to exercise any
discretionary authority that I have given to my Trustee to pay principal or income to such
person, or for his or her benefit or in relief of his or her legal obligations. Such
discretionary authority shall be exercised solely by the disinterested co-trustee.
EIGHTH: I give to any Executor and Trustee named in this Will or any Codicil
hereto or to any successor or substitute Executor or Trustee all of the powers
enumerated in this Will and all of the powers applicable by law to fiduciaries in the
Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate,
Estates and Fiduciaries Code, as effective and as in effect on the date of my death,
during the administration and until the completion of the distribution of my estate. I
direct that all such powers shall be construed in the broadest possible manner and shall
be exercisable without court authorization.
NINTH: All estate, inheritance, succession and other death taxes imposed or
payable by reason of my death and interest and penalties thereon with respect to all
property comprising my gross estate for death tax purposes, whether or not such
property passes under this Will, shall be paid out of the residue of my estate, as if such
taxes were expenses of administration, without apportionment or right of
reimbursement. I authorize my Executor to pay all such taxes at such time or times as
deemed advisable.
Last Will and Testament of Page 3 of 6
JACK G. METZGER JGM
IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and
Testament on this the ~ day of January, 2011.
`~--, ,~ (SEAL)
JACK G. METZGER, tator
ATTESTATION CLAUSE. The foregoing Will was on this the a~yday of
January, 2011, signed, sealed, published and declared by the Testator as and for his
Last Will and Testament in our presence, and we, at his request and in his presence,
and in the presence of each other, have hereunto subscribed our names as witnesses
on the above date.
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Last Will and Testament of
JACK G. METZGER
Page 4 of 6
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, JACK G. METZGER, the Testator, whose name is signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that I signed and executed the instrument as my Last Will and that I signed
willingly, and that I signed it as my free and voluntary act for the purposes therein
expressed on this the ~~ day of January, 2011.
Subscribed, sworn to, and acknowledged before me by JACK G. METZGER, the
Testator, on this the ~~~ day of January, 2011.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARJORIE L. JOHNSOtJ, Notary Public
Camp Hill Boro., Cumberland County
My Commission Expires April 15, 2011___
Last Will and Testament of
JACK G. METZGER
Notary u lic
Page 5 of 6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
We, 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 JACK G. METZGER 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 of us in the hearing and sight of
JACK G. METZGER signed the Last Will and Testament as witnesses; and that, to the
best of our knowledge JACK G. METZGER was at the time eighteen (18) years of age,
of sound mind, and under no constraint or undue influence.
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Witness
Subscribed, sworn to, and acknowledged before me by~ '~ ~ ~tlaN~ ~ ~ I'nl ~~, ~ r'
and ~Y~r~{~, l~.l~ the witnesses, on this the
day of January, 2011.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
WIARJORIE L. JOHNSON, Notary Public
Camp Hid Boto., Cumberland County
trly Corrur>ission Expires April 15, 2011
Last Will and Testament of
JACK G. METZGER
Notary Public
Page 6 of 6