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HomeMy WebLinkAbout03-27-13 Reset PETITION FOR GRANT OF LETTERS REGISTER_OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters 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: Hans L. Nibbe File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: February 14,2013 Age at death: 88 Decedent was domiciled at death in Cumberland County, Pennsylvania (state) with his/her last principal residence at I 1 ongsdorf Way 17015 Carlisle Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hospital 17011 Camp Hill Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania.. . .. . . . . . . . . . . . . .. .. . . . . . . . All personal property $ 300.00 If not domiciled in Pennsy lvania. . . .. . . . .. . . . . . . . . . . .. . . Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . . . . . . . . . .. . . . . . . . . .. . . Personal property in County $ Value of real estate in Pennsylvania.. . . . . . ... . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . ..... . $ TOTAL ESTIMATED VALUE. . . . S 300.00 Real estate in Pennsylvania situated at: N/A (Attach additional sheets, ifnecessan,J Street address,Post Office and 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 May 14, 1994 _and Codicil(s) thereto dated N/A State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,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(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS O EXCEPTIONS © B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n., d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a., 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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS O EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived b}Cbe following s wse 0f Ty 'nd heirs(attach additional sheets, ifnece.ssarv): CD s9'1 t� ` ::U .71 Name Relationshi p ss t'= 7 r1 0 �r _.1 Form RW-02 rev. 1Q-'11.2011 Page I of 2 Oath of Personal Representative Official use only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Heidi L. Stittmatter 835 Anthony Drive Mechanicsburg,PA 17050 The Petitioner(s)above-named swear(s)or affirm(s)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,the Petitioner(s)wtl well truly ad t ister the estate accord'ng to law Sworn to or affirmed and subscribed before ��� Date_ '2 met day of��l)i Date By: _.. J1) ) )�f' �(�� Date For the Register Date BOND Required: Q YES Q NO To the Register of Walls: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . $ Attorney S+ ature, ( ) Short Certificate(s). . . . . . /- ( ) Renunciation(s).. . . . . . . ( 1 Codicil(s). . . . . . . . . . . . . / L ( ) Affidavit(s).. . . . . . . . . . . — — Bond.. . . . . . . . . . . . . . . . . . . . . . . Printe Name%Cindy L. Villanella,Es�( Commission. . . . . . . . . . . . . . . . . . Supreme Court fit Other , . : . : ID Number: � ® Firm Name: Carrucoli And Ass aQg =:71 r2 ID - rrl rgi . . . . . . . . Address: 875 Market Street Le PA I 704ft r.J eti t..t . . . . . Phone: (717)761-1274 Automation Fee. . . . . . . . . . . . . . . Fax: (717)763-2094 - JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: c,.indyvillanellan.cauV .nlassi�(,ipteQ,�AW TOTAL. . . . . . . . . . . . . . . . . . . . . S 0.00 DECREE OF THE REGISTER Estate of Hans L. Nibbe File No: l a/k/a: AND NOW, 1\1,\(j ((_h in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Heidi L. Strittmatter in the above estate and (if applicable) that the instrument(s) dated May 14, 1994 described in the Petition be admitted to probate and filed of record as the last Will (and Codicii(s)) of Decedent. ,LL Register of Wills :f ( rl(_l Form RW-02 rev. 10, 120 71 .�_. 'Page 2 of 2 _H -143 ��S �'- LAST WILL AND TESTAMENT "�� I NS L. NIBBE of the Township of Lo alsock Count . . � `:��::> > P Y � Y of-' ]� co %ing,� ,t8 monwealth of Pennsylvania, do hereby make my last w 11- s:ecftnent and revoke all wills by me at any time �1 J , h -�v e�t�of�e 5, 1 .2 BEW4T OF CERTAIN PERSONALTY. I give and bequeath all LU m ! =jewe-'lry, w�iearing apparel , automobiles , books , pictures , silverware , furniture and all articles of personal and household use, equipment and ornament which I may own at the time of my death to my wife, ANNA M. NIBBE. If my wife does not survive me , I give all of said personalty to my stepdaughter, HEIDI L. STRITTMATTER. 2 . RESIDUARY ESTATE. All the rest , residue and remainder of my estate , real and personal , I give , devise and bequeath to my wife , ANNA M. NIBBE, if she survives me . 3. ALTERNATE GIFT OF RESIDUARY ESTATE. In the event that my wife predeceases me , I give , devise and bequeath all the rest , residue and remainder of my estate, real and personal to my stepdaughter, HEIDI L. STRITTMATTER. 4 . NON-LAPSE. If my stepdaughter , HEIDI L. STRITTMATTER, shall fail to survive me and shall leave issue surviving me, the devise and bequest of the residuary estate to my stepdaughter shall pass to her surviving issue , who shall take , per stirpes , the share which my stepdaughter would have taken had she survived me . 5 . TAXES. I direct that all estate, inheritance and succession taxes shall be paid out of my residuary estate to the same effect as if said taxes were expenses of administration. By way of illustration, but not of limitation, I direct that any of said taxes arising out of property passing under this will , or any codicil hereto , gifts , powers of appointment , joint estates or estates by the entireties shall be paid out of my residuary estate . 6 . RESTRAINT ON ALIENATION. I direct that all legacies and all shares and interests in my estate, whether principal or LAW OFFICES income , while in the hands of my personal representative or the JOSEPH L. RIDER P WILLIAMSPORT, PA 17703 guardian herein appointed, shall not be subject to attachment, execution or sequestration for any tort , debt , contract, I� obligation or liability of any legatee or beneficiary and shall not be subject to pledge , assignment , conveyance or anticipation by any legatee or beneficiary . 7 . PRESUMPTION OF SURVIVAL. Where the order of my death and that of my wife cannot be established by proof , I direct that this will shall be construed on the assumption that my wife survived me . 8 . GUARDIAN. I appoint my stepson-in-law, JOHN H. STRITTMATTER, guardian of any property which passes to a minor under this will , or any codicil hereto, or otherwise than under this will and with respect to which I am authorized to appoint a guardian by will . Such guardian shall have the power to use principal as well as income from time to time for the minor' s support , welfare and education , including an education at an institution of higher learning and shall serve without bond. If the guardian , in his sole discretion, determines that any fund held or to be held hereunder is too small for economical administration as a separate guardianship, my fiduciary , without further responsibility, may pay the fund to the minor or may distribute the fund to and register it in the name of any person who is acting or agrees to act as custodian for the minor under the Uniform Gifts to Minors Act or the fund may be deposited in a savings account in the minor ' s name. The executor, in its discretion and with the consent of the within named guardian of the estate of any minor, may distribute a minor ' s interest under this will in accordance with 20 Pa . C. S .A. 55101 of the Probate, Estates and Fiduciaries Code of 1972 , as amended. In case of vacancy in said office, I appoint NORTHERN CENTRAL BANK, Williamsport, Pennsylvania , guardian in his stead. 9 . PERSONAL REPRESENTATIVE. I appoint my wife , ANNA M. NIBBE, executrix of this will . In case of vacancy in said office , I appoint my stepdaughter , HEIDI L. STRITTMATTER, executrix in her stead. In case of further vacancy in said office , I appoint my stepson-in-law, JOHN H. STRITTMATTER, executor in her stead. LAW OFFICES JOSEPH L. RIDER WILLIAMSPORL PA 17703 2 - 10. BOND. I direct that no fiduciary under this will shall be required to file bond in any jurisdiction in which said fiduciary may act , conditioned upon the faithful performance of the duties of such office. 11 . FIDUCIARIES ' POWERS. I direct that my personal representative and the guardian herein appointed, in addition to and not. in limitation of any authority given to the same by law, shall have the following powers : (a) For the payment of debts or for any purpose of administration or distribution, to sell , mortgage, lease, alter, improve , partition and exchange all or any of my property, real or personal , at any time during the administration of my estate , or the continuance of said guardianship, and at the termination thereof for purposes of distribution, selling at public or private sale without an order of court for such prices and upon such terms as to cash and credit as said fiduciaries deem best , and to grant and convey good and sufficient title, without liability on the part of the purchasers to see to the application of the purchase or consideration moneys , any statute, rule or case law to the contrary notwithstanding. (b) To retain for distribution in kind all stocks , bonds and other investments made by me or in the absolute discretion of said fiduciaries , to convert the same into cash, whether or not such conversion is necessary, any statute, rule or case law to the contrary notwithstanding. (c) To retain as investments of the guardianship all stocks , bonds and investments owned by me and to invest and reinvest in other stocks , bonds , shares in mutual investment trusts , common trust funds and other investments , without being confined to what are known as "legal investments" and to sell and transfer the same, either in person or by attorney, without liability on the part of the purchasers to see to the application of the purchase or consideration moneys . LAW OFFICES JOSEPH L. RIDER 12 . CONSTRUCTION. I direct that the headings at the WILLIAMSPORT, PA ,nos beginnings of paragraphs in this will are for rapid reference 3 - 1 purposes only and shall be disregarded in the construction of this instrument unless the context clearly indicates otherwise. IN WITNESS WHEREOF, I have hereunto set my hand and seal this jq\� day of 1994. C/ A Y� (SEAL) Hans 't. Nibbe Signed, sealed, published and declared by the above-named Testator, HANS L. NIBBE, as and for his Last Will and Testament, in our presence , who, at his request , in his presence and in the presence of each other, have hereunto subscribed ou mes as the atte Ling witness cs . Joyph 'L.1.1uder 0 01 Y>3 West rth Street 143 We Fourth Street Williamsport, PA 17701 Williamsport , PA 17701 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF LYCOMING We, HANS L. NIBBE, the Testator, and 5tejAM , the witness , whose names are signed to the foreoing instrument, being first duly sworn, do hereby declare to the undersigned that the Testator signed the instrument as his Last Will and Testament and that he signed voluntarily and that each of the witnesses in the presence of the Testator, at his request, and in the presence of each other, signed the Will as a witness . that t to the best of the knowledge of lbaQa the Testator was at that time eighteen or more(.Years of age, of sound mind and under no constraint or undue influence. HaHs L. Nibbe, Testator witness-3— Subscribed, sworn to and acknowledged before me by HANS L. NIB , -the Testator, and subscribed and orn to before me by -T-Orlaa-r. S+00,Lh) the witness on the 1 141 day 0 9 f 1994Q - PA �j LAW OFFICES m r the bar of the JOSEPH L. RIDER ,�b�eo�V E WILLIAMSPORT, PA 17703 Supreme Court of Pennsylvania 4 COMMONWEALTH OF PENNSYLVANIA . : SS COUNTY OF LYCOMING On this , the day of , 1994, before me, the undersigned officer, personally appe red JOSEPH L. RIDER, known to me or satisfactorily proven to be a member of the bar of the Supreme Court of Pennsylvania and certified that he was personally present when the foregoing acknowledgement and affidavit were signed by the Testator and witnesses . IN WITNESS WHEREOF, I hereunto set my hand and official seal . Notary Pub c, ommonwealth of Pennsylvanil ._ .. ...,. S a I , JOSEPH L. RIDER, a witness whose name is signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testator signed the instrument as his Last Will and Testament and that he signed voluntarily and that each of the witnesses in the presence of the Testator at his request , and in the presence of each other, signed the Will as a witness and that to the best of my knowledge the Testator was at that time eighteen or more years of age , of sound mind and under no constraint or undue influence. J ep Rider, witness Subscribed, sworn to and acknowledged before me by JOSEPH L. RIDER, one of the witnesses on the day of 1994. ( ? 1 Notary Publ mmonwealth of Pennsylvani LAW OFFICES JOSEPH L. RIDER NILLIAMSPORT, PA 17703