HomeMy WebLinkAbout11-20-12PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, appN(ies) for Letters as specifed below, and in support thereof aver(s) the
following and respectfully requests the grant of Letters in the appropriate form:
Decedent's Information ~~ ` ~1
Name: Solna L. Hartman File No: _21 -12- L d`
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Soeial Security No
Date of Death: 1110912012 Age at Death: 90
Decedent was domiciled at death i Cumberland County,
principal residence at 5285 Dogw~ Court Mechanicsburg 17055
Decedent died at
$tfeat dtltllB95,
Estimate of value of decedent's
N domiciled in Pennsy/v
If not domiciled in Penn:
If not domielled in Penn:
Value of real estate !n R
Real estate in Pennsylvania situated at
(Attach additlwai sheets, if necessary.)
^X A. Petition for Probate ar
Petifioner(s) averts) that he/shetthey
therto Oetatl
IHis father. Gerald Hartman, I
City, Township w
(State) with his/her last
Cumberland
County
w entl ZiP Coda Ciry, Townahlp or
at death:
address,
or aorougn
the Executor(s) nametl in the Last Will of the Decedent, tlated 02N 212004 and Codicil(s)
a Hartrnan and Judith Hare
as
mt wrcumsrerrcas, a 9~. renuwaaaw, warn or a.xn~w, e,~.r
offered for probate, Decedent ditl not marry, was not divorced, was not a Fartv to a pending
seen established as defned in 23 Pa. C.S. § 3323(8), and tlitl not have a child boor or
nor ever adjudicetetl an incepadtated person.
^X NO EXCEPTIONS ^
^ B. Petition for Grar
If Administration, c.La or d.D.
6rcept as follows: Decedent was n
in 23 Pa. C.S. § 3323 (g) and was
^X NO EXCEPTIONS ^ EXf
Petitioner(s), after a proper search
additional sheets, if necessary):
of Administration (If applicable)
c..a.; ..n.; ..n.c..a.; en e; uren a en ra: uran a moron a
enter date of Will in Seetion A above and comolete list of heirs.
to gentling divorce proceeding wherein the grounds for divorce had been established as defined
victim of a killing nor ever adjudicated an incepacaated person.
4smave ascertained that Dadetlert left no Will and was survived by [he following spouse (iF any) ant~ie~attach -~-~
N _ D
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Name Relationship Address ~'~ tv -~'-~'
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g 900,000.00
All personal property
Personal property in Pennsylvania S
Personal property in County $
TOTAL ESTIMATED VALUES 900,000.00
Form RW-02 rev. f0-1 f-2011 il'! Copyright (c) 2011 form software only The leGmer Group, Inc. Page 1 of 2
i ~. ~a
Oath of Personal Representative
COMMONWEALThI OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s) Printed Name Pethioner(s) Printed Address -~ ' -
Gary G. Hartrnan P.O. Box 17119
Snowmass Village, CO 81615
lI-7~Lc 5:: ~.:::: -
Cl1P~BP~I_ANt:i CO.. PA
The Petitioner(s) above-named swe r(s) or affirm(s) the statements in the foregoing.Petition are tme antl correct to the best or [ne xnowletlge antl
belief of Petitioner(s) and that, as Pe onal Representative(s) of the Decedent^eti~tloner(s) will well and truly administer the estate accordin o law.
Sworn to or affirmed an subscribed before ~?~~ ~~r"""-~"- Dare r~ 2'° ~ T
~~ ~ Date
methis d
By. Dare
orrna a~prsrer ~, Dare
BOND RequiredT ~ Yes
FEES
c 6 I Short Certificate(s)..........
l 1 I Renunciation(s) ...............
_ ) Codicil(s) .........................
I _ ) Affidavit(s) .......................
Bond ... ...........................................
Commi ssion ...................................
Other Will
Automation Fee .............................
JCS Fee .........................................
TOTAL ...........................................
Estate of Solha L
aAcla:
AND NOW,
satisfactory proof hav
are hereby granted to
No
610.00
24.00
s.oo
To the Register of Wills:
Ylease enr@r my appaaranc@ % my sryrmwm uarva,.
Attorney Signatu e~~)
Printed Name: Richard E Connell Esq
Supreme Court 21542
ID Number:
15.00
5.00
23.50
682.50
Firm Name: Ball, Murren 8 Connell
Address: 2303 Market Street
Camp HIII, PA 17011
Phone: 7171232-8731
Fax: 7171232.2142
E-mail: connell~bme-law.net
DECREE OF THE REGISTER
~tF!;~?!_ i~
Date of Death: 1110 912 01 2
Soeial Security No: 193-18.4859
File No: 21 -12 I
inconsideration of the foregoing Petition,
me, IT IS DECREED that Letters Testamentary
in the above estate and ('rf s
described in the Petition be
Form RW-02 rev. lo-~r-zott
)that the instrument(s) dated
to probate and filed of recq~
CopynBM (c) 2011 lortn software only
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 18861895
Cclvfication Number
This is to certify that the information here given is
correctly copied from an original Certiticale of Death
duly filed with me as Local Registrar. The original
certificate will he forwarded to the State Vital
Records Office for permanent (fling.
~~ Ra ~~ 11l i~/l~
Local Registrar Date Issued
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RENUNCIATION
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Solita L. Hartma~h ,Deceased
~~ Judith Hartman
Co-Executor
in my cepacitylrelationship as
of the above Decedent, hereby renounce the right to
administer the Estate of
G. Hartman
1 112 012 01 2
Sister
Decedent and respectfully request that Letters be issued to
2160 Warrensville Road
(Street Atltlress)
Montoursville, PA 17754
(cty stare, zivl
Executed in Register's OI
Sworn to or affirmed and s(
before me this
of -, -
~tl ~~~ ~~~ ~Z Ij~,~i X111(.
f
,,~~J I II :', ~ I '~~~~
Form RW-08 Rev. f0 1 008"1`7: i ~ ' ,vJ~r
it
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Executed out of Register's Office
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 this ~lLday
Notary Public
My Commission Expires: G~-//-~~3
(Signature antl aeel of Notary or attrer offdel Oualifetl to
atlminiMer oaths. SNOW tlete of eryiretion of Notery'e commisaron.)
Copyright (c) 2006 krm software Doty The Lackner Group, Inc.
LAST WILL AND TESTAMENT
OF
SOLITA L. HARTMAN
KNO ALL MEN BY THESE PRESENTS, that I, SOLITA L. HARTMAN,
presently resid ng at 133 Deerfield Road, Lower Allen Township, Cumberland County,
Pemmsylvania, o hereby make, declare and publish this as my Last Will and Testament,
hereby revokin all former Wills and Codicils heretofore made by me at any time.
I. Pa e t of E~enses. I direct that my Executor, hereinafter named shall have the
power, but not the duty, to pay all my just debts, expenses of my last illness, and funeral
expenses from y estate as soon after my death as shall be found convenient.
GIFTS
II.
(a) I equeath my automobiles, household and personal effects .including such
household goo s, if any, as may be my individual property and not the property of my
husband, GE LD J. HARTMAN, or owned jointly by me with him, and other tangible
personalty of ike nature (not including cash or securities), t ether v~th any existing
insurance ther on, to my husband, GERALD J. HARTMAN, if~}e >urv' es me by thirty
(30) days. ~ ~
(b) S ould my husband, GERALD J. HARTMAN, predecease me or not be
living on the irty-first day after my death, I bequeath such tangible personalty and
insurance ther on to my issue, per stirpes, living on the thirty-first day after my death, to
be divided ong them by my Co-Executors with due regazd for their personal
preferences in as neazly equal shazes as practical, provided, however, in the absence of
agreement or f any of them is a minor, then as my Co-Executors deem appropriate;
provided that icles not so divided shall thereafter be disposed of by my Co-Executors
by public sal or in such manner as my Co-Executors shall select and all proceeds
therefrom shal form a part of the residue of my estate hereinafter disposed o£ I direct
that the expen a of packing, shipping, insuring, and delivering any such property to a r;
beneficiary a itled thereto shall be paid by the Co-Executors as an adm~~ative
expense of my',estate. ~, "' ~=?
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I intend to leave a memorandum setting forth suggestions as to the distribution of
cE;rtain items, and while the memorandum is not to be legally binding, I hope that
suggestions in it will be carried out.
III. Rest, Residue and Remainder:
A. ift to S ouse. I give, devise and bequeath the rest, residue and remainder
of my estate, hether real, personal or mixed and of any nature whatsoever and wherever
situated, to m~ beloved husband, GERALD J. HARTMAN, if he survives me by thirty
(30) days.
B.
the thirty
named pr
the share
provided
Five
~ecific Bequests. If my husband should predecease me or not be living on
(315`) day after my death, I give the following gifts to the individuals
i however that for any individual then below the age of thirty (30) yeazs,
be held, IN SEPARATE TRUST, by my Trustee, herein named, as
($5,000) Dollazs each to the following:
NEIJSTROM (my grandson);
ELLEN QUARLES (my goddaughter) currently of Houston, TX
Ten
($10,000) Dollars each to the following:
JA NEIJSTROM GIARDINO
NEIJSTROM
" NEIJSTROM
NEIJSTROM
NEIJSTROM
Y HARTMAN
HARTMAN
[tLY HARTMAN
The
$5000.00 b~
(my grauddaughter);
(my grandson);
(my gra~idson);
(my granddaughter);
(my granddaughter);
(my grandson);
(my grandson);
(my granddaughter);
nt for my grandson, Keith, is intentional and not an oversight. The
above-mentioned shall be the only gift to him.
1. For any trust created for any beneficiary above listed who is below the age of
thi y (30) yeazs, the income of the trust shall be accumulated. The principal
and income of such Trust may be distributed by the Trustee at his sole
dis retion from time to time for the beneficiazy's support, maintenance or
edu ation without regard to his or her ability to pay. The Trustee shall have no
er responsibility for any funds so paid or applied.
2. The beneficiary of a sepazate trust shall have the right to withdraw the entire
balance (principal and accumulated income) thereof at any time after reaching
thirty (30) yeazs of age.
If alny of the beneficiaries for whom a Trust has been established above shall
predecease me or die before distribution of any share to which they would
havle been entitled had they survived, the respective share shall be paid:
1) To his/her then living descendants, per stirpes; or in default
jof such descendants,
2) To my then living descendants, per stirpes (any portion thus
ccruing to a child for whom principal is then held in trust
ereunder to be added to and thereafter treated as part of such
principal).
C. R sidue. If my husband, GERALD J. HARTMAN, predeceases me or is
not living on e thirty-first (31S`) day after my death, I give, devise and bequeath all the
rest, residue an remainder of my estate after the specific bequests above-made in III. B.,
whether real, p rsonal or mixed as follows:
1. If t e rest, residue and remainder of my net estate after specific bequests,
abo e-provided, plus taxes, debts and expenses and allowable deductions
exc eds Five Hundred Thousand ($500,000) Dollazs I give the sum of Five
Tho sand ($5,000) Dollars each to the following charitable entities or their
1LVATION ARMY, 1122 Green Street, Harrisburg, PA 17102;
v1ERICAN RED CROSS (local chapter), 1804 N. 6`h Street,
Harrisburg, PA;
1THOLIC RELIEF SERVICES, P.O. Box 17090, Baltimore,
MD 21203-7090;
'CA (CHRISTIAN FOUNDATION for CHILDREN and
AGING), One Elmwood Drive, Kansas City, KS 66103.
'sW CUMBERLAND PUBLIC LIBRARY, 1 Benjamin Plaza,
New Cumberland, PA.
EDRICKSEN LIBRARY, 100 North 19a' Street, Camp Hill, PA
17011.
?DYFFRIN LIBRARY, 582 Upper Gulph Road,
Strafford/Wayne, PA
-3-
Should any of the named chanties not be in existence at the time of my death
and have no successor entity whether by merger or acquisition, their shaze
shdl] be distributed proportionately among the other charitable beneficiaries
ideptified in this paragraph.
2. If tlty net estate as above described in III. C. 1 does not exceed Five Hundred
Thousand ($500,000) Dollazs, the charitable gifts are not payable. The
determination of the value of the net estate is at the sole discretion of the Co-
Ex cutors, and their calculation shall be deemed final. Ii' any charity named
ch Menges the determination of the net value of the estate, the gift to it shall
be ancelled. Should the Attorney General challenge the determination of the
net value of the estate, all charitable gifts provided for above aze cancelled.
3. Thy rest, residue and remainder of my estate after the gifts set forth in III. B.
ands payment, if any, of the possible gifts in III. C. 1 and 2 shall be divided in
the Ifollowing proportions: 16 2/3 % to my son, GARY HARTMAN; 33 1/3
pay ble to my Trustee, IN TRUST, for the benefit of my daughter, JUDITH;
and~50% to my Trustee, IN TRUST, for my daughter JOAN, under the terms
and circumstances provided herein.
The income from the trust for the benefit of JUDI'T'H is to
emulated and invested as part of the trust corpus. If JUDITH
yes the religious order of which she is now a member (or any
Lessor religious order of the Sisters of Christian Charity), the
tee shall pay to her the principal and accumulated income
n the trust and the trust shall end. If my daughter, :fUDITH,
ains a member of the religious congregation until her death,
i, upon her death, the trust corpus, including principal and
rmulated income, shall be paid to the Sisters of Christian
city, Mallinckrodt Convent, Mendham, New Jersey (or the
:essors to that religious congregation).
The trust created under this paragraph for my daughter,
tN, shall be used for the following purposes: 1) the income
n the trust shall be payable to her on aquarter-annual or such
'r convenient basis as the trustee determines; 2) the principal
1, on an annual basis, on the anniversary of my death, be
able to her in fractional shares beginning at 1/15 for the first
•, 1/14 for the second year, 1/13 for the third year, and so on,
l on the fifteen anniversary of my death, the entire balance of
', -4-
the trust, including principal and accumulated interest, shall be
payable outright to JOAN and the trust shall then terminate.
c) If my son, Gary, predeceases me, his share shall be paid as follows:
1) To his then living descendants, per stirpes, or in default
of such descendants,
2) To my living descendants, per stirpes.
~d) If my daughter, Joan, predeceases me or dies before her trust has been
fully paid, her share or the remainder of her trust shall be paid as follows:
III 1) To her living descendants, per stirpes, or in default of
such descendants,
2) To my living descendants, per stirpes.
IV. Power f A ointment. No provisions of this Will shall exercise any power of
appointment I nay have.
V. Ado to Persons. For the purposes of this Will, adopted persons shall be
considered chi dren of their adoptive parents, and they and their descendants shall be
considered des endants of their adoptive parents, regardless of the date of adoption.
VI. Execut r: I hereby nominate, constitute and appoint my husband, GERALD J.
HARTMAN, s Executor of this, my last Will and Testament. In the event that my said
husband shall predecease me, or be unwilling or unable to act as Executor, then I
nominate, con titute and appoint my son, GARY G. HARTMAN, and my daughter,
JL7DITH HAR MAN (a.k.a. SISTER SHARON OF THE SISTERS OF CHARITY), as
Co-Executors f this my Last Will and Testament.
VII. Truste . I hereby nominate, constitute and appoint my son, GARY G.
HARTMAN, s Trustee of the Trust or Trusts created by this Will. If Gary is unable or
unwilling to s rve, I name DONALD A. HARTMAN, my brother-in-law as Trustee of
the Trusts.
VIII. Bond. I direct that my Executor or his successors, any Trustee appointed
hereunder or ~uccessor and any guardian appointed hereunder shall not be required to
give bond or o her security for the faithful performance of their duties in any jurisdiction.
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IX. Resienation. Any individual Executrix (Executor) may resign at any time without
court approval.
X. Compensation. No compensation shall be paid from the estate to my Executrix
(Eixecutor). ~Elowever, expenses incurred in the performance of their duties are
reimbursable.
XI. Protective Provisions. To the extent permitted by law, the interest of beneficiaries
in principal or income shall not be subject to the claims of their creditors and others, nor
to legal proce s, and shall not be voluntarily or involuntarily alienated or encumbered,
except that no ing in this article shall preclude the assignment of all or any part of a
beneficiary's i terest to his descendants. Further, exceptions may be made if my Trustee
alrproves.
X:[I. Eazl ndin of Trusts: The Trustee, at his discretion, may exhaust all of the
principal and ' come in carrying out the purposes of the Trusts herein created and should
the amount hel in trust be or become so small as to make it impractical or economically
unfeasible to c ntinue holding any amount in trust, the Trustee may pay the total amount
of said Trust d'rectly to the beneficiary of such Trust.
X1:II. Mana ment Provisions: My Executor and Trustee shall have, in addition to the
powers and au hority conferred upon them by law, the following additional powers and
authority: ~,
A. S 11/Lease: To sell at public or private sale, exchange, lease, mortgage or
pledge any pro erty, real or personal, at any time, and upon such terms and conditions as
they shall dee wise.
B. R tain/Invest: To retain and to invest in all forms of real and personal
property, incl ding common trust funds, mutual funds and money market deposit
accounts regaz less of any limitations imposed by law on investments by executors or
trustees, or any principle of law concerning investment diversification.
C. itle to Pro ert : To cause any security or other property which may
constitute a po ion of a Trust to be issued, held or registered in their own name, or in the
name of a nomi ee, or in such form that title will pass by delivery.
D. a ital Chan es: To consent to the reorganization, consolidation,
readjustment o the financial structure, or sale of the assets of any corporation or other
organization, the securities of which constitute a portion of a Trust or of my estate, and to
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take any action with reference to such securities which, in the opinion of the Trustee of
Executrix is necessary to obtain the benefit of any such reorganization, consolidation,
readjustment or sale; to exercise any conversion privilege or subscription right given to
them as the odvner of any securities constituting a portion of a Trust or of my Estate; to
accept and hod as a portion of a Trust or of my Estate securities resulting from any
reorganizations consolidation, readjustment, sale, conversion or subscription.
E. l~xnense of Trust or Estate: To pay all costs, taxes, chazges and expenses
in connection Vvith the administration of a Trust or of my Estate.
F. I Ilocate: To determine what is "income" and what is "principal"
hereunder, an their decision thereon shall be final; and to purchase securities at a
premium or di count, and to apply or chazge said premium or discount against income or
principal as th Trustee or Executrix may determine.
G. on•ow: To borrow money from any person, firm or corporation, for the
propose of protecting and preserving or improving my Trust or Estate hereunder; to
execute promissory notes or other obligations for amounts so borrowed.
TAX PROVISIONS
X]:V. Mazital Deduction. No property ineligible for the marital deduction shall be used
to satisfy that deduction. Property distributed in kind in satisfaction of the marital
deduction shal be distributed at the lower of (i) its value at the time of distribution and
(ii) its adjuste Federal Income Tax basis. Subject to the foregoing, my Executor shall
have absolute discretion in selecting the property to be allocated to the Marital
Deduction. In calculating the amount of the mazital deduction, (i) all other property
which qualifie for the marital deduction and (ii) all other deductions and credits which
aza, allowed in the calculation of the federal estate tax in my estate shall be considered
first. However,I credits will be used only to the extent that their use will not increase the
death taxes on #ny estate.
XW. Death axes. I direct that all transfer and inheritance taxes, state or Federal
assessed becau a of my death, whether the funds, property or insurance proceeds
to which such axes aze attributable pass under this Will or not, shall be paid out of my
residuazy estat ;that my Executrix pay, or provide for payment of all such taxes at such
time or times, and in such manner as my Executrix deems best.
XVI. Tax O ions. I authorize my Executor:
A. De th Taxes. To exercise any options available in determining and
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paying death taxes in my estate;
B. Income Taxes. To join with my husband in filing a joint income tax
re}urn; and
C. G ft Taxes. To consent to any gifts made by my husband being
trdJated as having been made one-half by me for the purpose of laws
relating to gift tax.
IN WI I ESS WHEREOF, I, SOLITA L. HARTMAN, the Testatrix of this, my
Last Will and estament, typewritten on nine (9) sheets of paper which I have identified
at the bottom f each page by my signature, hereunto set my hand and seal the ~ 'Z day
of ~-~wJ ~' ~ ~s~ ~ , 2004.
o Y:~ ~ 1 t Q ~" T~h-DJI~" 0'n~''1 (SEAL)
SOLITA L. HARTMAN
~v Clf~ 1~~C~:-~m~~
~'~ -8-
~__
The preceding instrument consisting of this and eight (8) other typewritten pages
each identified by the signature of the Testatrix, SOLITA L. HARTMAN, was on this
day and date ~ereof signed, published and declazed by SOLITA L. HARTMAN, the
Te;statrix there'n named, as and for her Last Will, in the presence of us who, at her
request, in her jpresence, and in the presence of each other have subscribed our names as
witnesses.
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9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF iCUMBERLAND
SS:
I, SOL~TA L. HARTMAN, Testatrix whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge tk~at 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.
SOLITA L. HARTMAN
Sworn r affirmed to and ac owledged before me, by SOLITA L. HARTMAN,
the Testatrix tl~s /,7 =` day of , 2004.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
We, ~a<Y A /yu's~%~9er ,and /~au/'a ~. ~uln~ar~
and -~o,~.~~ ~/ ~~ ~ ,the witnesses whose names aze signed to the
attached or fo~{egoing instrPu~ment, being duly qualified according to law, do depose and
say that we ere present and saw SOLITA L. HARTMAN, sign and execute the
instrument as er Last Will; that she signed willingly and that she executed it as her free
and voluntary ct for the purposes therein expressed; that each of us, in the heazing and
sight of the Te tatrix signed the Will as witnesses; and that to the best of our knowledge,
the Testatrix as at that time eighteen or more years of age, of sound mind and under no
constraint or due influence.
~/
/` ~~ ~
Sworn or affir}ned to and subscribed to before me by Ta~Y A~ /L~usm~e/' ,
,/~auia ,C Qu;n/aq ,and Thomas ,Q. ~aPP°~ ,witnesses
this ~a M da}~ of `~/~ua.~y , 2004.