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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANLA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Lt;tters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name: Clarence Albert Dittenhafer Jr File No: ~- ~ ~ ' ~~~
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: Aril 11, 2012 Age at death: 77
Decedent was domiciled at death in Cumberland Cotmty, pennSylyan;a (Stare) with his/her last
principal residence at 431 Croehan Drive Carlisle PA 17013 Carlisle Boroueh. Cumberland
Street address, Pos[ Office end Zip Code City, Township or Borough County
Decedent died at 1701 Linelestown Road Harrisbure PA 17110 Susquehanna Township Dauphin Counri PA
Street address, Post Office and Zip Code City, Township or Borough County Slate
Estimate of value of decedents property at death:
Ijdomiciled in Pennsylvania ............................ All personal property $ 210,000.00
Ijnot domfci[td in Pennsy[vania ........................ Personal property in Pennsylvania $
/jnot damicifed rn Pennsyfvania ........................ Personal property in County $
Value ojreal estate in Pennsy[vania ......................................................... $ 190 000.00
TOTAL ESTIMATED VALUE.... $ 400.000 00
Real estate in Pennsylvania situated at: 431 Croehan Drive Carlisle PA 17013 Carlisle Boroueh Cumberland Co
(Attach addifiona! sheets, if necessary.) Street address, Post Otace end Zip Code City, Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated March 16, 2006 and Codicil(s)
thereto dated
State relevant ctrcums[ancas (ag. renunciodon, death ojexecuror, eta)
Exceptas follows: aRer the execution of the instmment(s)offered forprobate Decedent did not many, was notdivorced, was notapartyto apending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
® NO EXCEPTIONS ®EXCEPTIONS
B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c. d.a., pendente tite, durante absentia, durante minoritate
If Administration, c.t.a or d.6.n.c.ta., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
® NO EXCEPTIONS ®EXCEPTIONS
Petitioner(s), atkra proper search hasthave ascertained that Decedent left no
additional sheets, ijnecessaryJ:
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Form nw-oz rev. 10/11/2071 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Official Use Only
~,~~~~.~~,~; ; ; ;.~.iL'E OF
RE~,~;_ _ ~,,rp_i c
i
Petitioner(s) Printed Name Petitioner(s) Printed Address
Jeffre B Dittenhafer 166 River Road Pe uea PA 17565 ~ r ~ ~ ~ r
Cl1AAFlF-r,, rr,;, ~~ ,~
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are We and convect to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Decedent, Petitioner(s) will w and tmly administer the estate according to law.
Sworn to or affirmed a subscribed efo~ ` ~"~~-~'- Date D~'O~ \-z
me this _~ b Date
$y; Date
For the Register Date
BOND Required: Q YES Q NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters ...................... $ 3~ 5
( f~) Short Certificate(s)...... ~O -
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission........... .
Other ~ /1 ........ /cl^"'
Automation Fee ...............
1CS Fee .................... S
TOTAL ..................... $
Attorney Signature:
Printed Name:
Supreme Cour[
ID Number:
Firm Name:
Address:
(u-l~ .5~
DECREE OF THE REGISTER ~-
Estate of Clarence Albert Dittenhafer Jr File Nd: ~ I of ~ ,~ to
a/k/a:
AND NOW, Y t f(~1 ~ Q~~ , in cons' era 'on of the foregoing Pe6fion,
satisfactory proof~in been presented before me, IT IS DECREED that Letters
aze hereby granted to
in the about, a to and (if applicable) that
the instrlunent(s) dated
described in the Petition be a fitted to probate and filed of recprd as the list dill (and Codici )) of L)ecedent.
Form RW-01 rev. /0/!//zofl ~ % ;V VV" L~Uw Page 2 Of
HI05-805 RHV (9ll U
LO ~~0~~ ~AR'S CERTIFICATION OF DEATH
WA ~E7i 1$a 11~ o duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00 U~G ~~~ _4 ~~ ~; ~ ~
c~~Rx OF
ORPHAN'S COUR?
P 18 4 3 8 4 2 8ct~MPFp ~N~ ct~ aA
Certification Number
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CERTIFICATE DF DEATH
This is to certify that the information here given ie
correctly copied from an original Certificate of Deati
duly filed with me as Local Registrar. The origina
certificate wiil be forwarded to the Slate Vital
/R~e~c~o~Rds OtiSce for permanent filing.
_ Y` /
xmnos Loca4 Registrar Date Issued
i. o.oexer vEnnmgmm.Mmw.gns 1 v.5n. a.semsa.mYNw.ex .omaoxMl nl Mal
Clarence A. DSttenhafer Ji. Male 195-2fi-8389 Aril 11 201
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LAST WILL AND TESTAMENT
OF
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F.
CLARENCE A. DITTENHAFER
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rr.:
c~c. I, CLARENCE A. DITTENHAFER, of Carlisle, Cumberland County,
c~~-
tn'=•
~gnnsylvania, being of sound and disposing mind, memory and understanding, do
u. ¢_
by make, publish and declare this as and for my Last Will and Testament, hereby
revoking all other Wills and Codicils heretofore made by rne.
FIRST
I direct the payment of my just debts and the expenses of my last illness and
funeral from my estate as soon after my death as conveniently may be done. If there
be no cemetery lot available for my interment owned by me at the time of my death, I
authorize my personal representative to purchase such cemetery lot with a contract for
perpetual care, using therefor funds from my estate in such amount as he shall
consider necessary and desirable, and I authorize my personal representative to
cause title to or ownership of such lot so purchased to be vested in such person as my
personal representative shall designate.
Further, I authorize my personal representative to expend funds from my estate,
F7~~ RIS,~
LINDSAY
~e.~.uw
26 West High Strect
Carlisle, PA
in such amount as my personal representative shall consider necessary and desirable
for the purchase, erection and inscription of a suitable marker for my grave.
SECOND
If my beloved wife, JACKOLYN R. DITTENHAFER, survives me by thirty (30)
days, then I give the sum of Three Hundred Fifty Thousand ($350,000) Dollars to my
Trustee hereinafter named, IN TRUST, NEVERTHELESS, upon the following terms
and conditions:
A. This trust shall be held and administered for the benefit of my wife,
JACKOLYN R. DITTENHAFER, in recognition that there may be a number of needs
other than support and maintenance which may be unavailable to JACKOLYN except
through this trust. This trust is intended to satisfy those non-support needs, as
deemed appropriate in the absolute discretion of the trustee. This trust is not intended
to supplant or displace any source of income otherwise' available to JACKOLYN for
her basic support (such as food and shelter), including any governmental assistance
program to which she is or may be entitled. It is not intended to be a resource of
JACKOLYN R. DITTENHAFER. It is not available to JACKOLYN R. DITTENHAFER. It
is intended to be a discretionary spendthrift trust created for non-support purposes.
,~.
F~ RIS,S~
LINDSAY
7b Wex High Street
Carlisle, PA
8. No part of the corpus of this trust shall be used to supplant or replace
any public-assistance benefits received by or through any county, state, federal or
other governmental agency.
C. Trustee shall hold and distribute the principal and income of this trust as
follows:
1. During the lifetime of JACKOLYN R. DITTENHAFER, to the extent
that benefits are not made available to her for other than basic living expenses,
including food and shelter, my trustee, in his absolute discretion, may distribute
from income and principal to or for the benefit of JACKOLYN, for her needs
other than basic support. Trustee's discretion in making distributions authorized
hereunder is absolute with regard to distributions fmm the trust estate, and shall
be binding on all interested persons.
2. As this trust is specifically not intended to provide basic support
and maintenance needs for JACKOLYN R. DITTE=NHAFER, if JACKOLYN is
unable to maintain and support herself from her own resources and sources of
income, my trustee shall seek such support for JACKOLYN from public
sources. The trust has specifically not been created to supplant or replace
public-assistance benefits. My trustee should, therefore, seek entitlements
which are available to members of the community who are experiencing
disabilities that are substantially similar to those that JACKOLYN experiences.
My trustee shall deny any request made by any agency or governmental entity
requesting disbursement of trust funds to satisfy JAt:KOLYN's support needs.
3. My trustee shall take whatever legal :steps may be necessary to
initiate or continue any public-assistance progran-i for which JACKOLYN R.
DITTENHAFER is or may become eligible. Trustee shall bring such action in
any court having jurisdiction over the matter, to secure a ruling or order that this
trust is not available to JACKOLYN for support purposes. Any expenses of the
trustee, including reasonable attorney fees, in connection with matters relating
to determination of eligibility of JACKOLYN R. DITTENHAFER for public
support, shall be a proper charge to the trust.
D. On the death of JACKOLYN R. DITTENHAFER, the then-remaining
principal and any accumulated and undistributed income shall be paid and distributed,
in four (4) equal shares, to my sons, JEFFREY B. DITTENHAFER, CHRISTOPHER M.
DITTENHAFER and RODNEY D. DITTENHAFER, per stirpes, and to the Trustee of
z
that Spendthrift Trust created by paragraph FOURTH hereunder, for the benefit of my
son, ERIC S. DITTENHAFER.
E. No income or principal shall be assignable by a beneficiary or available
to anyone having a claim against a beneficiary before actual payment to the
beneficiary. No part of the trust shall be subject to the claims of any beneficiary's
creditors, or specifically JACKOLYN R. DITTENHAFER 's voluntary or involuntary
creditors for the provision of care and services to her during her lifetime, including
payments for residential care and maintenance by any public entity or private creditor.
F. Under no circumstances can the beneficiary compel a distribution from
the trust for any purpose. My trustee's discretion in making non-support distributions is
final, even if my trustee elects to make no distributions at all. Further, my trustee may
be arbitrary and unreasonable. My trustee's absolute and independent judgment,
rather than any other party's determination, is intended to be the criterion on which
distributions are made. No court or any other person should substitute its or their
judgment for the decision or decisions made by my trustee.
~' G. No fiduciary serving hereunder shall be required to furnish bond in any
jurisdiction, and if any bond is necessary, no surety shall tre required.
"~ THIRD
I give, devise and bequeath all the rest, residue and remainder of my estate, in
" four (4) equal shares, to my sons, JEFFREY B. DITTENHAFER, CHRISTOPHER M.
DITTENHAFER and RODNEY D. DITTENHAFER, per st~vpes, and to the Trustee of
that Spendthrift Trust created by Article FOURTH hereunder, for the benefit of my son,
ERIC S. DITTENHAFER.
FOURTH
That share of the residue of my estate distributablE; to my Trustee hereinafter
named, in trust for the benefit of my son, ERIC S. DITTENHAFER, shall be held and
SAIDIS,
FLOWER'Sz administered under the following terms and conditions: Trustee shall distribute the
]LINDSAY
z6 West xig6 saee[ income to or for the benefit of my son, ERIC S. DITTENHAFER (and for his spouse
Carlisle, PA
and issue) during his lifetime. Trustee shalt from time to time distribute to or for the
benefit of my son, ERIC S. DITTENHAFER (and his spouse and issue) as much of the
principal of the share as trustee, in its absolute discretion, may consider desirable for
3
i
the health, maintenance, support, and education of my son, ERIC S. DITTENHAFER
(and his spouse and issue). If any distributions are made to or for the benefit of the
issue of my son, ERIC S. DITTENHAFER, to cover expenses related to health or
education, then trustee shall make the distribution directly to the healthcare provider or
educational institution, as the case may be. No interest in principal or income shall be
assignable by my son (or any beneficiary), or be made available to anyone having a
claim against my son (or any beneficiary) until actual distribution to my son, ERIC S.
DITTENHAFER (or any beneficiary). Trustee shall have the power to authorize the
release of all principal and income from said trust to Ef21C S. DITTENHAFER upon
(~
satisfaction, in Trustee's sole discretion, that ERIC S. DITTENHAFER has refrained
from using any narcotics for a period of five (5) years. Ariy principal and undistributed
income that may remain in this trust at the death of my son, ERIC S. DITTENHAFER,
shall be distributed to his issue, per stirpes. In default of issue, the remainder shall be
distributed to my sons, JEFFREY B. DITTENHAFER, CHRISTOPHER M.
~, _.._
DITTENHAFER and RODNEY D. DITTENHAFER, in equal shares, per stirpes.
FIFTH i
I direct that any and all inheritance, estate, and transfer taxes imposed upon my
estate passing under this Will or otherwise shall be paicl out of the principal of my
residuary estate.
I.LOV~VER ~ SIXTH
LINDSAY In addition to the powers conferred by law, I authorize an
y personal
26 West High Street
Carlisle, PA
representative, trustee or guardian acting under this instrument, in his/her absolute
discretion:
(a) To retain in the form received, or to sell either at public or private
sale any real or personal property;
4
(b) To exercise any options to subscribe for stocks, bonds, or other
investments;
(c) To join in any plan of lease, mortgage, consolidation, exchange,
reorganization or foreclosure of any corporation in which my estate or any trust
may hold stocks, bonds or other securities;
` {d) To sell, transfer, convey, mortgage, pledge, lease or exchange
any property, real or personal, which at any time may form part of my estate, for I
the payment of debts or taxes, or for any purpose of administration or '~
distribution, for such prices and upon such terms as my personal
representative(s), in their sole discretion, may deem wise, and to execute and
deliver deeds of conveyance or transfer thereof;
~~ (e) To make settlements and compromises on such terms as my
personal representative(s), in their sole discretion may deem wise without the
necessity of obtaining any court approval thereof;
(f} To make distribution hereunder either in cash or kind, as my
~' personal representative(s), in their discretion may deem wise.
{g) In the event that my Trustee, in its absolute discretion, should
determine that the size of any fund or share held in any trust under this my will
has so diminished as not to warrant continuing the same in trust, or that its
administration would be impractical for any reason, l'rustee may, without further
SAIDIS,
I~.IlVD RS~,s'' responsibility, pay such fund or share to the person entitled at the time to the
wwes~H;~s«ee` income from it and thereby terminate the trust.
Carlisle. PA
SEVENTH
I hereby appoint my son JEFFREY B. DITTENHAFER, as trustee of any trust
created hereunder or if he is unwilling or unable to act as trustee, I appoint my sons
5
CHRISTOPHER M. DITTENHAFER and RODNEY D. DITTENHAFER to serve as co-
Trustees. My Trustee shall be compensated in accordance with its schedule of fees in
effect from time to time when such services are rendered.
EIGHTH
I do hereby nominate, constitute and appoint my son, JEFFREY B.
~5-
F
.~
SAIDIS,
N7AWER Si
LINDSAY
2G West High Streer
Cadisly PA
DITTENHAFER, to act as Executor of this my Last Will and Testament. Provided,
however, that if he is unwilling or unable to act as Executor, I appoint my sons,
CHRISTOPHER M. DITTENHAFER and RODNEY D. DITTENHAFER to serve jointly
as Co-Executors.
NINTH
I direct that no personal representative, guardian, trustee or other fiduciary
appointed under this instrument shall be required to give bond for the faithful
performance of his duties in any jurisdiction.
IN WITNESS WHEREOF, I, CLARENCE A. DITTENHAFER, have hereunto set
my hand and seal to this my Last Will and Testament, consisting of seven (7)
typewritten pages, the first six (6) of which bear my signature in the margin for
identification, this ~ day of ~i~ , 2006.
();,
CLARENCE . DIl"TENHAFER, stator
6
Signed, sealed, published and declared by the above-named Testator,
Clarence A. Dittenhafer, as and for his Last W ill and Testament in the presence of us,
who have hereunto subscribed our names at his request as witnesses thereto, in the
presence of said Testator and of each other.
i
t ~~~.. ~ ADDRESS •7S~ Ike>~lar l2aa~
~LLL a~ PA /7D ~ f-.-
~_ - 'Z,z yi i~ it~C-c-d-. ADDRESS ~~
~~~:;E'c(' 9~~(
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, CLARENCE A. DITTENHAFER, `-~7L~,KnD ~ ~ ,u..a}^-and
L • n o ~, the Testator and witnesses, respectively whose na (es are
signed o the foregoing or attached 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 Testament and that he signed willingly and that he
executed as his free and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Testator signed the Will as
witness and that to the best of their knowledge the Testator was at the time 18 or more
years of age, of sound mind and under no constraint or undue influence.
CLARENCE A. Dll"TENHAF ,Testator
W' ss A~~UV
~IS,~
LINDSAY
aw
26 Wes[ High Street
Carlisle, PA
.............. .
<:. ~ /.~ .
Wi' ess
Subscribed, sworn to and acknowledged before me by CLARENCE A.
DITTENHAFER, he Testator, and ubscribed to and sworn or affirmed to before me
by a.u.z. C and , ~c,z. witnesses, this ~_''"'day of
Mar , 2006.
~~~ Notary lic
MERLEN£ J. Ml4tiHEVXA. NOTARY PU81JC
CARLISLE. CUMBERLAND COUNTY. PA
MIY COMMISSION EXPIRES JUNE 8, 2008