HomeMy WebLinkAbout05-28-13 � _
� Reset
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/aze 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 Iuformation C
Name: George C. Garland File No: ' �— J ��
a/k/a: Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: /�'lwv �� �-013 Age at death: 93
�
Decedent was domiciled at death in Cumberland County, pennsylvan;a (Srare)with his/her last
principal residence at 700 Wal�ut Bot[om Road 17013 Cazlisle Cumberla�d
Street aAAress,Pos[ORce ond Zip Cotle City,Towoship or Borough County
Decedent died at 700 Walnut Bottom Road 17013 Carlisle Cumberland PA
Street addresa,Post Otfice and Zip Code City,Township or Borough Couoty State
Estimate of value of decedenPs property at death:
ljdomiciled in Pennsy[vania.. . . . . .... ...... ..... .... . .. All personal property $ 45 000.00
Ijnot domiciled in Pennsy[vania. .. .... . . . ..... . .. . ..... Personal property in Pennsylvania $
ljnot domiciled in Pennsylvanin. .. .... . . . ..... ... . ... .. Personal property in County $
Value of rea[esta[e in Pennsy[vania.. . ..... . .... . .... .... .. ....... ..... ...... ....... ........ $
TOTAL ESTIMATED VALUE. .. . $ 45.000.00
Real estate in Pennsylvania situated at
(Atmch additionol sheets,if necessary.) S[reet addresa,Pos[Office aod Zip Code City,Township or 8orough County
� A. Petition for Probate and Grant of Letters Testamentary
Petitiouer(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Deceden[,dated Oc[ober 29,2007 and Codicil(s)
thereto dated
State relevant cirwmstances(e.g.renunciadon,deo(h ofexecuror,e!a)
Exceptasfollows: aftertheexecutionoftheins�ument(s)offeredforprobateDecedentdidnotmarry,wasnotdivorced,was¢otaparty[oape�ding
divorce proceeding wherein the gounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did not have a child bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an iucapacitated person.
�iv0 EXCEPTIONS Q EXCEPTIONS
T°
Q B. Petition for Grant of Letters of Administration (Ifapplicable)
c.t.a.,d.b.n., d.b.n.c.t.a.,pendente lite,durante absentiq durante minoritate
If Administration,c.ta. or db.n.c.t.a.,enter date ot Will in Section A above and co�lete list o��eirs� �;�
T o r-�
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for di�cE6ed been�ablisl�as�Mefined
iu 23 Pa.C.S.§3323(g)and was neithei[fie victim of a killing no[ever adj�dicated an incapacitated persoW7 � �., �- �? r'
Q NO EXCEPTIONS �EXCEPTIONS r :�:; � ��� �i '��
Peti[ioner(s),after a proper search has/have ascertained tha[Decedent left m Will and was survived by the follaWi��spj(use(if any)an3heirs(attach
additionaisheets, ifnecessary): i; � ..� _.,.] C� :_,,'
=:;
Name Relationshi Addr�� ~-` ° �'
7- c.^i c�� o
Fo.m nw-oz .ev.�orrvzo» Page 1 of 2
y '
Qath of Personai Representarive orr��a�use oa�Y —
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF eumberland }
Petitioner(s}Printed Name Peti[ioner(s}Printed Address
Erik I.Kachert 34;0 Harrow ate Road York PA 17402
The Petitioner(s)above-nazned swear(s)or affiim{s)the statements in the foregoing Petitinn are Vve and co�rect to the best of She knowledge and belief
af Petitianer(s)and that,as Pereonal Represea4ative(s)ot the DE�Patiqoner(sj wiit weti and truly administer t6e estate acwrding to iaw.
Sworn to r ffirmed subscribed re :------- pate 5 L i�+,
in day of � ,� .^_______–_—_ ___—Uate
B ; Date
Fo a e RegisFer RBtC
BQNA Reqnired: Q YES Q O To rhe Register af Wips:
FEF.S: Plesse enter my appearance by my signature below:
/ �
Letters . . . . . . . .. . . . . . . . . . .�. . . $ 90.00 Attomey Signature: .
{ 5)Sh�rt Certificate(s). , . . . . 25.00 � '"'"�� �
_ � '�"
:.
( )Renunciation(s).. . . . . . . . �'"�� ,�,.-�.�* �.__
(' )Codicil(s}. . . . . . . . . . . . . c"`w-----�/' '�. �" �
( )AfHdavit(s}.. . . . . . . . . . . ��
Band.. . . . . . . . . . . . . . . . . . . .. .. Pr ate� John A.Feichtei
Commission. . . . . . . . . . . . . . .. .. Supreme Court
9ther Wiil . . .. .. .. IS.00 lA Number: 77426 q <-.-:'
inheritance Tax Retum . . . . ., . p `„' ;�,� rr�
and Inc�entorv . . ... . 30.00 Pirm Name: Saidis Sullivan�R�'gers -y �
. . .. . . Address: �}S.�.j2tiy Fr)4ti(i c ci � __
-- .. , . .. . . I emn�pe PA�r"� r> ��!:
. . . . . . 4l ..J�'�
. . . . . . � � �� •
.. . h ..., �..
. . . . Phone: 737-612-5803::
Automation Fee. . . . . . . . . . . . . . . S.pO Fax: 917-b12-5805 ' - ` �--
7CS Fee. . .. . . . . . . . . . . . . . . . . . 23.50 EmaiC �fc•irhir(�p ccr-attrime�c cnrrfi '" �
TOTnL. . . . . . . . . . . . . . . . . . . . . $ 1&5.50 :, c , 'w> ,:;r
DECREE OF THE REGISTER
Estate of Georee C.Garland File No:�I� T� ��
a/k,'a:
�
A1VTM NOW, �,in consideration of the£oregoing Petition,
satisfactory proo ving b n presented before me, IT IS DECREED that Letters Testamentary
are hereby granted tp Erik L Kochert
in the above estate and(if applicahle)that
the rnstrument{s)dated Oetober 29 20Q7
described in the Petition be admitted to probate and filed o r rd as he ast ill(an ' dicil(s)i(of Decede .
t i � j-t,,�,�� �
Li.
�ister of ii � �
�'�Z ',,C.` � .
,
F�o.mxw-o: ». �oiru:oJa ` � age 2 of 2
J��.�� V' V' Illlll �11.Il']LLcC11 �c��¢�,ll1C11(�ll11�
I1_ �"'
, , OF
�; :
GEORGE C. GARLAND
� .. �
- - �, GEDRGE C. GARLAND, of, Cumberland County, Pennsylvania, do
m�I�e, p-ablish��rid declare this to be my Last Will and Testament, hereby revoking
`a1�Wills,and CocTi�ils by me heretofore made.
ITEM I: Familv Information. I am married to
MONA FERN GARLAND and all references to my wife in this Will are to her. I
have intentionally excluded my wife as a beneficiary under this Will due to her
medical condition and needs. I have one child, JUDY GWEN KOCHERT, and two
grandchildren, ERIK IAN KOCHERT and RYAN E. KOCHERT. Any person born
to or adopted by issue of mine is to be included as issue of mine. Provided, however,
no adopted person shall benefit under this Will unless the order or decree of
adoption is entered before the adopted person attains the age of twenty-one (21)
years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
Page 1 �G ,�
ITEM IV: Tangible Personal PropertY.
(a) Written List. I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property
as specified in the written list. If no written list is found in my safe
deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it shall be
presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored.
(b) If Mv Dauehter Survives Me. If my daughter survives
me, I give to her all my tangible personal property not set forth in the
written list referenced in paragraph (a), including but not limited to,
all of my household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance
thereon.
(c) If Mv Dauehter poes Not Survive Me. If my daughter,
does note survive me, my Executor shall sell all my tangible personal
property and add the proceeds thereof to the residue of my estate.
ITEM VI: Residue. I give the residue of my estate,
not disposed of in the preceding portions of this Will, to my daughter, JUDY GWEN
KOCHERT ("Gwen"), if she survives me. If my daughter does not survive and I am
survived by my grandson RYAN E. KOCHERT, I give the residue of my estate to
the then acting Trustee(s) of the RYAN E. KOCHERT IRREVOCABLE TRUST, as
Trustee(s), IN TRUST, to be administered and distributed in accordance with the
terms of an Agreement of Trust executed by ERIK IAN KOCHERT as Trustee, and
by me as Grantor on the 29th day of October, 2007. I confirm and ratify this
Agreement of Trust in every respect. If both Gwen and Ryan do not survive me, I
give the residue of my estate to my grandson, ERIK IAN KOCHERT, if he survives
me. If Erik does not survive me, the residue of my estate shall be distributed to
Erik's issue, per stirpes.
Page 2 .��
ITEM VII: Administrative Powers. In addition to the
powers granted at law, the Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor.
(b) Varv Investments. To vary investments and to invest in
bonds, stocks, notes, real estate mortgages or other securities or in
other property, real or personal, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of my
estate or make distributions, the Executor is authorized to distribute
personal property and real property partly or wholly in kind, and to
allocate specific assets among beneficiaries so long as the total market
value of each share is not affected by the division, distribution or
allocation in kind. The Executor is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale any or
all real or personal property severally or in conjunction with other
persons, and to consummate sale(s) by deed(s) ar other instrument(s)
to the purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
Page 3 �. �_ ��./.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(� Borrow Monev. To borrow money from any person,
including the Executor, to pay indebtedness of mine or of my estate,
expenses of administration or inheritance, legacy, estate and other
taxes, and to assign and pledge assets of my estate.
(g) Pav Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate.
(h) Distributions without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as my Executor deems prudent and
appropriate.
(i) Rights as Stockholder. To exercise voting rights with
respect to securities which form a part of my estate, and to exercise all
the powers incident to the ownership of securities.
(j) Reoreanize. To unite with other owners of property
similar to property in my estate to carry out any plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
not limited to the following means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
entitled to take by intestacy, as a donee of an inter vivos transfer, and
as a donee under a third-party beneficiary contract.
(1) Tax Returns. To prepare, execute and £ile tax returns of
any type required by applicable law, and to make all tax elections
authorized by law.
Page 4 � C. �
(m) Allocate Exnenses. To allocate administrative expenses
to income or to principal, as the Executor deems appropriate.
However, no allocation to income shall be made if the effect of the
allocation is to cause a reduction in the amount of any estate tax
marital deduction or estate tax charitable deduction.
(n) Emplov Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor deems appropriate, and to compensate these persons from
assets of my estate, without affecting the compensation to which the
Executor is entitled.
(o) Basis Adiustment. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
(q) Other Acts. To do all other acts in the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the estate.
ITEM VIII: Simultaneous Death. Any person who
has died within thirty (30) days of my death, or under such circumstances that the
order of our deaths cannot be established by proof, shall be deemed to have
predeceased me.
Page 5 .�'�/ e. �
ITEM IX: Executors. I make the following
provisions with respectto Executors:
(a) Primarv Executor. I appoint my grandson, ERIK IAN
KOCHERT, to serve as Executor.
(b) Contingent Executors. In the event that Erik is unable or
refuses to serve as Executor, I appoint my daughter, JUDY GWEN
KOCHERT, to serve as Executor.
(c) Comnensation. The Executor shall have the right to
receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(d) Standard of Care. No Executor shall be liable or
accountable for any loss that may result from the good faith exercise of
the authority granted in this Will.
(e) Securitv. The Executor is specifically relieved from the
duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding five (5) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this a� day of October, 2007.
f'-e.�`�`-- c• �.L� (SEAL)
GE GE C. GARLAND
Page 6 �T✓ C•� .
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testator as and for his Last
Will and Testament, in the presence of us, who, at his request and in his presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testator was of sound and disposing mind and memory.
��� EAL) Residing at5������-e^-�c���-e--
��`� �U^^-yc�^�, Y °l \ �''> >
�
�1/�.lJ �� ��� (SEAL) Residing a�(/ J����yti� �X-(�
,c-u-�o �/� ,��ss_
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
I, GEORGE C. GARLAND, 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 and
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
GE�7�'..te-�-�s.v _ �� (SEAL)
GARLAND
Sworn to and subscribed before
me this ��day of
October, 2007.
P ���-%�"F-.---- ��
Notary Pu lic
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CYNTHIA J.RULE,Notary PubAC
Lemoyne Boro..CumbeAaW Coumy
M Comm'ssan Expires Febru 3,2008
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
W�c_'�'<t<-u.._ . V c �... L and �i .�T ,
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 Testator, GEORGE C. GARLAND, sign and execute the instrument as his Last
Will and Testament; that Testator signed willingly and that he executed said Will
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 eighteen (18) or more years of
age, of sound mind and under no constraint or undue influence.
� � , � �- �/� �: ��.
Witness Witness
Sworn to and subscribed before
me this�day of
October, 2007.
f _ C
Notary Pu ic
My Commission Expires:
COMMONW EALTH OF PENNSYLVANIA
(SEAL) � NOTARIAL SEAL
CYNTHIA J.RULE,Notary Fub�C
Lemoyne Boro.,Cumberland Cwmb
My Comm�ssan ExpNes FeMu 3,2008