HomeMy WebLinkAbout03-30-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of ENRIQUE J. MARTINEZ-VIDAL
a/k/a:
a/k/a:
a/k/a:
(If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate)
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 TESTAMENTARY under
the last Will of the above-named Decedent, dated 6/16/2005 and codicil(s) dated
(NONE)
(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): (NONE)
^ B. Grant of Letters of Administration
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
3/23/2012
Deceased ESTATE NO: 21- ~ -~ ' ~~ ~~ ~~
Address
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USE ADDITIONAI. SHEETS IF NECF,SSARA' ~--} ~ ~ '~ ~ 'ri
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THIS SECTION MUST BE COMPLETED: - ~ fV ~~: t~-ri
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or~rincipal re~nce~°y t~~.
At _1230 WHITE BIRCH LANE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PA 17013 I`=
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 79 years of age, died
Estimated value of decedent's property at death:
If domiciled in PA
If not domiciled in PA
_If not domiciled in PA
-Value of Real Estate in Pennsylvania
SS NO:
Relationshi to Dece at
HARRISBURG, PA
(Month, Day, Year of death) (City and State where death occurred)
All personal property $ 10,000.00
Personal property in Pennsylvania $
Personal property in County $
$ 200,000.00
Total Estimated Value $ 210,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.) 1230 WHITE BIRCH LANE, BOROUGH OF CARLISLE
Signature(s) Name(s) & Mailing Address(es)
ENRIQUE E. MARTINEZ-VIDAL
18640 QUEEN ELIZABETH DR.
BROOKEVILLE, MD 20833
[nterim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 oft
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OATH OF PERSONAL REPRESENTATIVE ~;`_~~;; ' .~ ,'';".5
~!!2 ~'';'~ 3D i` 2~ 3
Commonwealth of Pennsylvania ~ SS
County of Cumberland
v~.L,~~`a tail'
The Petitioner(s) herein named swear or affirm that the statements in the foregoin~~i~'~i t~,a~l
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 cr affrmed and subscribed
_~ .
before me this _~ ~ ~_ .' day of
rti'~C~~C Y~ ,~~
For the Register
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of ENRI UE J. MARTINEZ-VIDAL ,Deceased File Number: 21- I ~ -~~~
AND NOW, this ~ day of 1`~ I .,~C ~~ , in consideration of the Petition on
the reverse side hereon, satisfactory proof ha ing been presented before me, IT IS DECREED that Letters
x Testamentary of Administration are hereby granted to:
(If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.)
ENRIQUE E. MARTINEZ-VIDAL in
the above estate and that instruments(s) dated 6/16/zoos described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
Glenda Farner Strasbaugh, ~, ~ ~ _ 7
Register of Wills ~~ ~ `"~ ~ ~ ~~<«~~SC11 ~ ~~~
FEES: Signature of Counsel Required to Enter Appearance
Letters ....................$ ~ 1 C~ • C`C
Will ........................ 1 I-~ ~ C~0
Codicil(s) .................
( ~j) Short Certificates ;~ ~ -'
( )Renunciations.......
Bond ............................
Other ............................
Automation FEE......... 5.00
JCS FEE ................... 23.50
~~l-moo'
TOTAL ................ $
Atty's Signature
PRINTED Name: THOMAS E. FLOWER
Supreme Court ID No.: s3993
Address: 10 W. HIGH ST
CARLISLE, PA 17013
Phone: 717 243 5513
Fax: 717 241 4021
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 oft
L%~%~'~~~fRAR'S CERTIFICATION OF DEAT'~II
NI~i~U1±~G ~(t is'.'~al to duplicate this copy by photostat or phoitograp~s.
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Certification Numher
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Permanent
Black Ink
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COMMONWEALTH OF PENN6V LVANIA ~ DEPARTMENT OF HEALTH ~ VITAL RECORDS
CERTIFICATE OF DEATH
1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4 to of Death (MO/DSy r (s II
Enri a J_ Martinez-Vidal male 205-28-8020
Sa. Age-Las[ Birthday (Yrs) Sb. Under 1 Vear Sc. Under 1 Da 6. Date of Birth (Mp/D ay/Yea r) (Spell Month) 7a. Birthplace (City and State or Foreign Country)
79 Mgntns Days Hggrs Minutes D
b
r - ~
1932 L n , EY'ance
a ecem
e
, 7b. Birthplace (County)
8a. Residence (State or Forclgn Country) Hb. Residence (Street and Number -Include Apt NO.) 8c. Did Decedent Live in a Townships
PA 1230 Wl'lite Birch Lane QVes, decedent lived in
twp.
Sd. Residence (County) _
Cumberland
8e. Residence (Zip Code) 17013 t~w
yy No, decedent lived within limits of Carlisle city/born.
9. Ever In US Armed Forces 10. Marital status aC Time of Death 0 Married ~ Widowed 11. su rvtving Spouse s Name (If wife, give name prior to first marriage)
~ Yes ~( No Q Unknown ~ Divorced O Never Married ~ Vnknow
12. Father's Nam¢ (First, Middle, Las[, Suff(x) 13. Mother's Name Prior to First Marriage (First, Midtlle, Last)
M'
14a. In o mant's Names 14b. Relationship to Decedent
r 14c. Informant's Mailing Address (street and Number, City, state, Zip Code) 20833
c nri
a in z-Vi a1 son 8
G .....:............:..:...........:............. ................... ....... ............a; P ale, o, neat... c ec on one _ _ _ -
~
_
If Death Occurred in a Hospital: ~ Inpatient _ __ _____ _ ___ __ _ ____ __
,
?If Death Occurretl Somewhere Other Than a Hos ital: ~ ~~~~~~-~~~~~~~~~ ~~~
p ~ Hospice Facility ~ Decedent's Home
Emergency Room/Outpatient Q Dead on Arrival _ Nursing Home/Long-Term Care Facility Other (Specify)
15b. Facility Name (If not Institution, give street and number; 15c. City ar Town, State, and Zip Code Isd. County of Death
Harrisbur Hos ital Harrisbur PA 17101 Dau in
m 16a. Method of Disposition ~ Burial Cre matlOn 16b. Dale of Disposition 16c. Place of Disposition (Name of cemetery, crematory, or other place)
p Removal from state p Dgnatlgn
ocher (specify) Mar 27 , 20 Ho££man-Roth E1.]Ileral Hann & Crematory
16d. Location of Dlspositlon (City or Town, slate, and Zip) 17 Sig afure of Fu Hera Serv ce Licensee or Person in Charge of Interment 1]b. License Number
~s Carlisle, PA 17013 013144E
17c. Name and Complete Address Of Funeral Facility
~ 18. Decedent's Education -Check the box Shat best describes the 19. Dece nt of Hispanic Origin -Check She 20. Decedent's -Check ONE O0. 00.E races to indicate what
~- highest degree or level of school completed at [he time of death. box that best describes whether the decedent the decedent considered himself or herself to be.
Q 8th grade or less Is Spanish/Hispanic/Latino. Check [he "NO.. White ~ Korean
0 No diploma, 9th - 12th grade bon If decedent Is not spanish/Hispanic/Latino. o Black or African American Q Vietnamese
0 High school graduate or GED completed No, not spanish/Hispanic/Latino 0 American Indian or Alaska Native Q Other Asian
Q Som college redit, but no degree 0 Ves, Mexican, Mexican America n, Chicano ~ Asian Indian Q Native Hawaiian
Associate degree (e.g. AA, As) ~ Ves, Puerto Rican Q Chinese Q Guamanian or Chamorro
~ Bachelor's degree (e.g. BA, AB, Bs) ~ Vez, Cuban ~ Filipino ~ sa moan
~ Master's degree (e.g. MA, Ms, MEng, MEd, MSW, MBA) Q Ves, other Spanish/Hlspa nic/Latino ~ Japanese Q Other Paclflc Islander
~[] Doctorate (e.g. PhD, EtlD) or Professional degree (specify) ~ Other (specify)
_
. MD DOS DVM LLB JD
21. D cedent's Single Race Self-Designatlgn -Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work
~
Q
White 0 Japes hese 0 Samoan done during most of working life. DO NOT USE RETIRED.
0 Black or African American 0 Korean 0 Other Pacific Islander Professor
0 American Indian or Alaska Native 0 Vietnamese ~ Don't Know/Not Sure
~ Asian Intllan Q Other Asian Q Refused 22b. Kind of Business/Industry
~ Chinese Q Native Hawaiian Q Ocher (Specify) C011e e
g
Q Filipino ~ Gua menlan or Chamorro
ITEM 3a - 23 MUST BE COMPLETED 23a. Date Pronounced Dead Mo Day r) 23 .signature of Person Pronouncing Dea[ (Only when applicable 23c. License Num er
BY PERSON WNO PRONOUNCES OR
CERTIFIES DEATH
23d. Date signed (MO/Day/Yr) 24. Time Derath
Zs. Was Medical Examiner or Coroner Contacteds Q Yes No
CAUSE OF DEATH
Approximate
26. PaK 1. Enter the cha(n of events--diseases, Injuries, o mplications--that directly caused She death. DO NOT enter terminal a ents such as cardiac arrest Interval:
respiratory arrest, or ventricular fibrillation without showing the etiolo DO NOT ABBREVIATE. Enter only o n a line. Add additional lines if necessary Onset to Death
ne cause o
IMMEDIATE CAUSE --------------> a. ~~ ~t G~ ~~ ~ T ( (~ .SX!_NO~SI 5'
(Final disease or condition pue to (or onsequ a Of):
resulting in death)
/
~
b ~0 ' ~ v I R gam.
0.A ~, O ~+~At1
T 1~
r
-~
sequentially Ilst conditions, Due to (or as a consequence of):
If any, leading to the cause
listed on sine a. Enter the
UNDERLYING CAUSE Due to (Or as a consequence Of):
(disease or injury that
F initiated the events resulting d.
in death) LAST. Due io (or as a consequence of):
26. Pelt 11. Enter other 1 Ifl t dill t ib tl t d ih but not resulting In the underlying cause given in Part I 27. Was an autopsy pert rmeds
Yes No
a 28. Were autopsy findings available
4 to complete the cause of deaths
'~ ~ Ves 0 No
3
' 29. If Female:
N
h 30. Dld Tobacco Use Contribute to Deaths 31. Manner of Death
s ot pregnant wit
in past year
~
~ Pregnant at time of death 0 Ves 0 Probably
No
~ 0 Vnknown Natural Q Homicide
d
~' 0 Not pregnant, bus pregnant within 42 days of death Acci
ent ~ Pending Inveztiga[IOn
~ suicide 0 Could not be determined
,. 0 Not pregnant, bus pregnant 43 days to 1 year before death 32. Dale of Injury (Mp/Day/Yr) (Spell Month)
~ Unknown If pregnant within the past year 33. Time of Injury
34. Place of Injury (e.g. home; construction site; farm; school) 35. Location of Injury (Street antl Number, City, State, Zip Coda)
3fi. Injury at Work 37. If Transpprtaflon Injury, Specify: 38. Describe How Injury Occurred:
~ Yes ~ Driver/Operator ~ Pedestrian
~ No ~ Passeng¢r 0 Other (Specify)
39a. Certifier (Check only one):
~ Gertlfying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated
® Pronouncing 8< Certifying physician - Tq the best of my knowledge, death o red at the time, dale, and place, and due to the c se(s) and m slated
~ Medical Examiner/Coroner - On the basis mination, and/or Invastigationr In my opinion, death /~/j red at the times, date, and place, and due Yo [h
signature of certifier: Title of certifler:~ A]c ur License Nu ~~e~ J ~ ~~ stated
L
39b. e, Add a Zlp Co a of Person ng Ca De Item ) / - 3 c. Date 5 ned M /Day
~ ~~ / ~O/~
40. Registrar's District Number 41. Registrars 5
~-, 42. Registrar Flle Date (MO Day/Vr
al- ato L~ o ~
43. Amendments
Dlspositlon Permit No. (~- l ~n ~~ H105-143
REV 07/2011
LAST WILL AND TESTAMENT ,-. ,
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OF
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ENRIQUE J. MAlZTINE~ VIRAL ~ ~ ~
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I, ENRIQUE J. MARTINEZ-VIRAL, of the Borough of Carlisle, Cumberland-'
County, Pennsylvania, being of sound and disposing mind, memory and understanding,
do make, publish and declare this as and for my Last Will and Testament, hereby
revoking and making void any and all former Wills, Codicils, or writings in the nature
thereof, by me at any time heretofore made.
FIRST: I hereby order and direct my Executrix or Executor,
hereinafter named, to pay all my just debts, funeral expenses, testamentary expenses
and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be
conveniently done after my death,. out of my residuary estate.
SECOND: Provided my beloved son, ALEXANDER MIGUEL
MARTINEZ-VIRAL has not completed college, I give, devise and bequeath all the rest,
residue and remainder of my estate as follows:
A. Forty (40%) percent to my beloved son, ALEXANDER
MIGUEL MARTINEZ-VIRAL, per stirpes. This larger share is given to him to take into
account his need for continued tuition and room and board;
B. Sixty (60%) percent to be divided equally among my other
beloved children, ELENA MARTINEZ-VIRAL, ENRIQUE E. MARTINEZ-VIRAL and
CYNTHIA ADRIANA MARTINEZ-VIRAL, in equal shares.
All of the gifts made in this paragraph are per stirpes.
THIRD: In the event that my beloved son, ALEXANDER MIGUEL
MARTINEZ-VIDAL has completed his undergraduate education, then I give my entire
estate to all of my children, ALEXANDER MIGUEL MARTINEZ-VIDAL, ELENA
MARTINEZ-VIDAL, ENRIQUE E. MARTINEZ-VIDAL and CYNTHIA ADRIANA
MARTINEZ-VIDAL, in equal shares, per stirpes.
FOURTH: In the event that my son, ALEXANDER MIGUEL MARTINEZ-
ViGAL, has not attained the age of 27 years, I give, devise and bequeath the stare of the
estate which he receives to ENRIQUE MARTINEZ-VIDAL, IN TRUST, upon the following
terms and conditions:
A. To hold, manage, invest and reinvest the principal so
received, and accumulation of income thereon, and to use, pay and apply the income and
principal or so much thereof as in Trustee's sole discretion may be necessary for the
maintenance, support, medical expenses and education of my child, ALEXANDER
MIGUEL MARTINEZ-VIDAL.
B. Said payments may be made by my Trustee directly to said
child, or in my Trustee's sole discretion may be made directly to any person or institution
entitled to such payment by reason of services render~~L cr to be rsndered to any of said
children.
C. The amount to be paid for the benefit of my child shall be
determined from time to time by the need of said child, and the amounts and times of said
payments shall be determined by such need, provided that payments be made at east
monthly.
2
D. All payments of principal and income hereby given shall be
free from anticipation, assignment, pledge or obligations of beneficiary, and shall not be
subject to any execution or attachment.
E. All principal and accumulated income, not so applied, shall be
distributed in accordance with paragraphs SECOND A and B, above, when
ALEXANDER MIGUEL MARTINEZ-VIDAL attains the age of twenty-one (21) years, or
upon his death, whichever is sooner.
LASTLY: I nominate, constitute and appoint my son, ENRIQUE E.
MARTINEZ-VIDAL, to be the Executor of this my Last Will and Testament. No Executor
shall be required to file bond in this or any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
G ~~` day of ~ J u c~ ~_ , 2005.
~W~-~ J GLL ~,
Enriq artinez-Vidal ~~-'~
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
,c.,,
3
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, ENRIQUE J. MARTINEZ-VIDAL, Testator, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the 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.
Sworn or affirmed to and acknowledged before me, by ENRIQUE J.
MARTINEZ-VIDAL, the Testator, this 1 ~ r`` day of ~I ~~. e.~ ,
2005.
En ique J. Mart ez-Vida ,Testator
4
NOTARIAL SEAL
MERLENE J. MARHEVKA, NOTARY PUBLIC
CARLISLE, CUMBERLAND COUNTY. PA
MY COIYrIAISSION EXPIRES JUNE 8, 2008
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
We, L.l,4 lJ.~C dlyces~ and L~ ,
the witness whose names are sign to the attached r foregoing instrument, being
duly qualifi according to law, do depose and say that we were present and saw
Testator sign and execute the instrument as his Last Will; 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 the Testator signed the Will as witnesses; and that to the
best of our knowledge the Testator was at that time 18 or more years of age, of sound
mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me b ~ ~ 0 ,
and this /L~~ day of ,
2005.
Witness
Witness
NOTARIAL sEAI
MERLENE J. MARHEVKA, NOTARY pUBIJC
CARLISLE, CUMBERIJ-ND COUNTY, PA
MY COMIAISSION ExpIRES JUNE 8, 2008