HomeMy WebLinkAbout06-19-13 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 c,�
Name: David E. Lutz File No: Z 1 " ��� � � b✓
��a; (Assigned by Register)
a/k/a:
y�a: Social Security No:
Date of Death: 5/12/13 Age at death: $8
Decedent was domiciled at death in Cumberland Counry, PA (State)with his/her]ast
principal residence at 634 West Old York Road 17015 Dickinson Township Cumberland
Street address,Post Oflice and Zip Code Ciry,Township or Bomugh Caunty
Decedent died at 366 Alexander Spring Road 17015 South Middleton Township Cumberland PA
$treet nddress,Post Office and Zip Code City,Township or Borough Counry State
Es[imate of value of decedenPs property at dea[h:
Ijdomiciledtn Pennsy[vattia................................All personal property $ �DO 1 �S
If not domiciled itt Pennsy[vania.............................Personal property in Pennsylvania $
Ijnot domiciled in Pennsylvnnip.............................Personal property in County $
Value afreal estale in Pennsy(vania............................................................... $ l UJ�d�
TOTALESTIMATEDVALUE.... $ �b � �
Real estate in Pennsylvania situated at 163 West South Sheet 17013 Carlisle BorouQh Cumberland
(Arrach addilinna!e�heetr,ijneces.mry.J Street eddress,Post OtTice end Zip Code City,Township or Bo{ough County
� A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/Ihey is/are the Executor(s)named in the last Will of[he Decedent,dated ]/�L14 and Codicil(s)
thereto dated �Otl�._LUIIG B 1._UYzI�n_OS1nC_�LI.Ight lQ SE'LVe_.
State relevent circumsisnces(e.g.renunciation,dentl�ofuecutor,efa)
Except as follows:after the execution of[he instrumen[(s)offered for probate Deceden[did no[mazry,was not divorCed,wu no[a party[o a pending
divorce proceeding wherein the grounds for divorce had been es[ablished as defined in 23 Pa.GS.§3323(g),and did not have a child bom or
adopted;and Deceden[was nei[her Ihe vic[im of a killing nor ever adjudicated an incapacita[ed person.
� NO EXCEPTTONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administrationpfappl�cable)
c.t.a.,d.b.n.,d.6.n.c.t.a.,pendente lite,durante absenlia,durante minorim(e
If Administration,c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and comolete list of heirs.
Excep[as follows: Deceden[was m[a party to a pending divorce proceeding wherein Ihe grounds for divorce had been es[ablished as definetl
in 23 Pa.C.S. §3323(g)and was nei[her[he vic[im of a killing nor ever adjudica[ed an incapacita[ed person.
❑ NO EXCEPTIONS ❑EXCEPTIOIVS
Pe[i[ioner(s),after a proper search has/have asCertained that Deceden[Ieft no Will and was survived by the following spouse(if any)and heir{attoch
additionalsheets, ifnecesspryJ: �= �
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FormRIV-02 .��.�oi�uzoii Page 1 of2
Oath of Personal Representative ORcial Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
,
� -
Pe[itioner(s)P�in[ed Name Petitioner(s) A�tld}�`ss� Y - -
1223 Dickinson Drive
David W.Lutz Carlisle i � ��N 19 .�41� � �1�7013
ll 09 Kuhn Road
V irginia H. Lutz Smith Boilin S rin s C L E R K 0 f pn 17007
QRPHANS' COUR7
rn� ��In (�R PA
�v�v-va:i-r-�t
The Petitioner(s)above-named swear(s)or�rtn(s)the statements in the foregoing Petition are true and cortect to the best of the knowledge and belief
of Petifioner(s)and that,as Pers'onal Representative(s)of the Decedent,[he Peti[ioner{s)�wiJll well and tmly ad inistg[the esta[e according to law.
Sworn m o affirmed an subscribed before ^ �1' ,� pace _CC/%/3
me±hi � da f „ � �ate
By:' . - ' �'�'- Date �+ �
. For the f��gister � � Date
BONDRequired: ❑ YES �NO TotheRegisterojWills:
FEES: Please enter my appearance by my signature below:
Letters.. .. . ... ... .. ... ... . . .. $ � AttomeySignature:
( (Q )Short Certificates(s) . ... . . � �
( � )Renunciation(s) . .. . .. . . ..
( )Codicil(s) . .. .. . .. . ... . .
( )Affidavit(s). .. ... .... . ..
Sond Printed Name: Ivo V. Otto]II
Commission ... .. ... ... .. . . ... . . Supreme Court
Other , , ,., , , , ID Number. 27763
n�" " " " : ��Z-- Firrn Name: Martson Law OFf ces
Y : ;:::;: �,� Address: 10 East Hiah Sheet
" "" "' Carlisle PA 17013
. Phone: (71712433341
. ... . .. . F�: (717 243-1850
Automation Fee . . .. . .. . .. . . .. . . . ��� Email: iotto�martsonlHw.com
JCS Fee .. . .. ... .. . .. . .. . ... . .. �
TOTAL . ....... .. . .. . ... . ... .$ �
DECREE OF THE REGISTER
Estate of David E.Lutz File No: 21 - �,"7 - �p �./
a/k/a:
AND NOW, .l U�� �"l ,� , in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamenta�
are hereby granted to David W.Lutz and Virginia H. Lutz Smith , _
`in thc above estate and(if applicable)that
the instrument(s)dated Janua 19,2010 -� �
described in the Petition be admitted to probate and filed of record as the]ast Wi,l (and Codisi](s))of Decedent.
��`��,�
Reg�ster of Wills .- , _ .,,'-
FormRW-01 rev.l0/l1/101/ �
`.�QC `�.�(�QY) -'` age 2 of 2
� ,
�' S�9FlLGS\ClientsU562 DE and Iune LuaU5622 DEL and R36ut<EP\35621 HwJ1.81009
�'ECQ�;�'�.D Cc�IC� �'F
' ' � €�EGISTE� 0� kN!�LS
LAST wiLL aNn TESTaMENT `ri3 JUiJ 19 �i� 10 `i2
I, DAVID E. LUTZ, of Dickinson Township, Cumberland County, Pennsylvania, being of
CLERY OF
sound and disposing mind and memory, do hereby make, publish and dec��t�sdt��t�e�i�ast Will
and Testament, hereby revoking any and all former Wills or Codicils b�j��$���d� C 0.. PA
Article I: Wife and Children. I am married to JiJNE B. LUTZ, referred to in my Will as
my wife or my spouse. My present children are DAVID W. LUTZ and VIRGINIA H. LUTZ SMITH.
Article II: Debts. I direct that all of my enforceable debts (other than claims of any
mortgagee)and my funeral and medical expenses shall be paid as soon as practicable out ofiny general
estate. '
ArCicle ITI: Taxes. I direct that a11 estate,inheritance, transfer, succession and other similar
taxes(excluding any generation-skipping tax),including any interest and penalties thereon,which shall
become payable with respect to any property required to be included in my taxable estate, whether
passing under my Will or otherwise (excluding, however, any such taxes attributable to any such
property held by or payable to any trust other than the trust referred to in the Article of my Will entitled
<
"Residuary Estate" and excluding any such taxea attributable to any property included in my taxable
estate under Section 2044 of the Internal Revenue Code of 1986 or any successor provision of law),
shall be paid out of my general estate as an administration expense,without proration or apportionment
against any recipient of such property. I hereby waive any right of recovery iny estate may have under
Section 2207A of the Intemal Revenue Code of 1986 or aziy successor provision of law with respect
to the Generation-Skipping Tax-Exempt Marital Trust under Article II,A, of the Agreement described
in the Article of my Will entitled "Residuary Estate." Such taxes shall be paid from the Marital Trust
under Article II, B, of such Agreement as provided in Article V (concerning"Payment of Taxes") of
such Agreement.
If the assets of my general estate (exclusive of residential real property and tangible personal
property) are insufficient to pay any such taxes, interest or penalties, or any debts, funeral ar
administration expenses, or any preresiduary devises, my Personal Representative shall request tl�e
Trustee then acting under the Agreement descri�ed in the Article ofmy Will entitled"Residuary Estate"
to distribute to iny Personal Representative from the principal of that trust such amount or amounts as
may be necessary to pay such taxes, debts, expenses or devises.
J�
[initials]
Page 1 of 6 Pages
, ; __ __ _
Article IV: Tangible Personal Propertv. I give and devise my tangible personal property
as follows:
A. If I leave any memoranda signed and dated by me which dispose of any of my
tangible personal property, or which specify a manner of division for the saine, then my
Personal Representatives shall distribute or divide such property in accordance with such
memoranda to the recipients specified therein. In the event of any conflict between such
memoranda and any such subsequent memoranda,this Will,or any Codicil to this Will,then
as to such conflict the provisions of the last executed document shall prevail.
B. If my wife does not survive me,I give and devise to iny cHildren who survive
me, to be divided equally between them to the greatest extent possible, any automobiles or
boats owned by me at the time of my death, or, if such property is not distributed in kind,
then it is to be sold and the proceeds therefrom distributed.
C. Except as otherwise hereinabove effectively devised,I give and devise all my
tangible personal property,together with any insurance policies relating thereto,to my wife,
if she survives me, or, if she does not survive me, to such of my daughter, VIRGINIA H.
LUTZ SMITH, and my son, DAVID W. LUTZ, as survive me, in equal shares.
D. I give my membership in The Old Town Run Mountain Lodge to my
grandson, DAVID ISAAC LUTZ. If the said DAVID ISAAC LUTZ is unable or unwilling
to accept such inembership, then I give the same to my son-in-law, RODNEY SMITH.
E. Any storage or delive •ry costs•shall be paid out of iny estate.
Article V: Club Mer.mbershins. Excepi as provided in Article IV, D, hereof, I give and
devise to my wife, if she survives me, any transferable club memberships, together with the rights
and assets relating thereto, which I may own at the time of my death.
Article VI: Pennsylvania Real Property. I give and devise to my wife,if she survives me,
all my real property located in Pennsylvania,together with the buildings and improvements thereon
and insurance policies relating thereto.
�
Ifmy wife does not survive ine,said Pennsylvania real property shall be disposed ofpursuant
to the Article of my Will enfitled "Residuary�state".
�
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Page 2 of 6 Pages
Article VII: Patents. I give and devise to my son, DAVID W. LUTZ, if he survives me,
any and all residual interests in any patents owned by me at my death.
Article VIII: Residuarv Estate. All the rest,residue and remainder of my estate,both real
and personal,ofwhatsoever kind,nature and description and wheresoever situated,which I may own
or be entitled to appoint or dispose of, or to or in which I may have any right, title or interest at the
time ofmy death,including any future interest,remaining after payment of all debts,taYes as defined
in the Article of my Will entitled "Taxes," devises provided for in other Articles of my Will, and
administration expenses and other charges payable out of the principal of my estate, referred to in
my Will as my"Residuary Estate,"I give and devise to the Trustees under a certain Declaration of
Trust dated March 4, 1978, created by me, as both"Grantor"and"Trustee,°as amended to the date
of my death, to such trust.
Article IX: Appointment of Personal Representatives. I appoint my wife, JIJNE B.
LUTZ, as iny Personal Representative. Ifmy wife fails or ceases to act as Personal Representative,
I appoint my son, DAVID W. LUTZ, and my daughter, VIRGINIA H. LUTZ SMITH, to so act.
Any individual Personal Representative (who is a descendant of mine) may at any time
appoint his or her successor provided the appointment is of a descendant of mine or a Qualified
Professional.A Qualified Professional shall be an individual,bank or trust company,provided such
individual, bank or trust company shall have substantial experience with income, gift and estate
taxation;trust and estate administrations;invesrinents;and related fields ofexpertise.The Qualified
Professional shall be compensated on an hourly basis only,and as a precondition to the appoinrinent,
the Qualified Professional shall enter into a written agreement with the estate regarding its duties and
responsibilities and the hourly rate for rendering snch scrvices, including any special acceptance,
termination or related fees. Such written agreement shall provide for an annual review and shall not
be for a term longer than twenty-four(24)months,but shall be subject to earlier tennination on thirty
(30) days' written notice by a majority of the other Executors.
Any fiduciary is authorized to resign at any time. The appoinhnent, revocation of
appointment or resignation of a fiduciary may be made by delivery of an acknowledged instrument
to the court having primary jurisdiction to settle such fiduciary's accounts, or by a last will and
testament dated subsequent to all such instruments. Any appointment of a fiduciary may be
�
[initials]
Page 3 of 6 Pages
conditioned to commence or to cease upon a future event and may be revoked or modified at any
time before such future event has occurred. Unless otherwise expressly provided, any power to
appoint a co-fiduciary or successor fiduciary shall permit appoinhnent of an individual,bank or trust
company as such fiduciary.
Any reference in my Will to my Personal Representatives whether in the singular ar the
plural, shall include (unless otherwise expressly provided) all such Personal Representatives and
their successors. In my Will I refer generally to my Personal Representatives as fiduciaries. No
bond or surety shall be required of any fiduciary for the faithful performance of duties hereunder.
Article X: Administrative and Tax Provisions.
A. Renuirement of Survival. No beneficiary shall be considered to have survived
me and to be entitled to any of my estate (under my Will, any Codicil thereto, or any
memorandum disposing of tangible personal property)unless such beneficiary survives for
at least thiriy(30) days after my death. This provision shall not apply to any trust refened
to in the Article of my Will enritled "Residuary Estate".
B. Dele at�ion. Any fiduciary may delegate to the other fiduciaries the right to
exercise any power(discretionary, administrative or otherwise) and may revoke the
delegation at any time by delivery of an acknowledged instrument to such other
fiduciaries.
C. Distributions to Minors. If my fiduciaries are authorized or required to
distribute property to a beneficiary who is then a minor, and my fiduciaries do not believe
that an immediate distribution is in the beneficiary' s best interests, they inay instead
distribute such property to any adelt caring far the beneficiary ar to the beneficiary's
Guardian or Custodian under a Uniform Transfers to Minors Act or Uniform Gifts to Minors
Act In the alternative,my fiduciazies may hold and invest such property as a separate fund
far such beneficiary,and accumulate income or pay or apply any part of the fund to or for the
beneficiary's benefit, as they consider advisable. Any accumulated income shall be added
to principal annually. When the beneficiarybecomes an adult,my fiduciaries shall distribute
the fund to the beneficiary, or if the beneficiary dies before then, to the beneficiary's ]egal
representative.
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Page 4 of 6 Pages
D. Powers of Personal ReUresentatives. Without limitation of the powers
conferred by law, I authorize and empower my Personal Representatives:
1. To retain, acquire, or sell any property(including any discretionary
common trust fund of any corporate fiduciary acting under my will and covered or
uncovered options),without regard to diversification and without being limited to the
investments authorized for trust funds;
2. To manage, improve, repair, sell, mortgage, lease (including the
power to lease for oil and gas),pledge,convey,option or exchange any property and
take back purchase money mortgages thereon, without court order;
3. To make distributions in cash or in kind, or partly in each,and,in the
discretion of such Personal Representatives, to allocate particular assets or portions
thereof to any one or more beneficiaries,provided that such property shall be valued
for purposes of distribution at its value on the date of disri-ibution; and
4. To maintain custody or.brokerage accounts (including margin
accounts) and to register securities in the name of a nominee.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this �9 �day of
u�- ,�/d •
�-��:� �'. `�,� (sEAL)
David E. Lutz
SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,as and
for his Last Will and Testament,in the presence ofus,who at his request,have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testator and of each other.
l, ��_ �
Page 5 of 6 Pages
r . ,
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, DAVID E. LUTZ, IVO V. OTTO III, and /l��t-ua � �c�t�.�f"or , the
Testator and the witnesses,respectively,whose names are signed to the foregoing 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 that the Testator has signed willingly, and that the Testator
executed it 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 a witness and that to the
best of his/her knowledge the Testator was at that time eighteen years of age or older,of sound mind
and under no constraint or undue influence.
� r�
Da �d E. Lutz, esta
Witness
d�l-4c� I y...
Wlt ESS
Subscribed, sworn to and acknowledged before me by DAVID E. LUTZ, the Testator, and
subscribed and sworn to before me by IV V. OTTO III and /U(zhciL `� G,vn���1 ,
the witnesses, this �-�/� day of
�
liiLc.� o
otary Public
COIvUAONWEALTH pF PENNSYLVAMA
NOTARIAL S£AL
Vic[oria L.Otto,Notary Public
Carlisle Borough,Cumberlend County
Mycommisaianex iresDecember20,2010
Page 6 of 6 Pages
r�ECORDEO OF�ICE OF
RENUNCIATION REGISTER OF i`dILLS
REGISTER OF WILLS t�'�3 JUN 19 Ai'� 10 42
CUMBERLAND COUNTY,PENNSYLVANIA CLERK OF
ORPNANS' COURT
rii►aacRLAND CO., PA
Fstflte of AA���•LUTZ ,Deceased
j,11JN�B.LuTZ , in my capacitylrelationship as
(Prlm Name)
WIFE of the above Decedent,hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
AAV1D W.LUTZ end VIRGINIA N,LUTZ SMiTH
�
(Date) (SfB� 1
b34 WEST OLD YORK ROAD
(S�reer Addrcss)
CAR[,ISLE PA 17015
(Clry,S1ate.Zip)
ExecuteA in Register's O�ce Executed out of Register's O�ce
Sworn to or affirmed and subscribed Before the undersigned pecsonally appeared the
before me this day pazty executing this renunciation and ceRified
of , . that he or she executed the renunc�at'�n for the
purpos �stated within on thjs 1.__day
of ,�.
/!i/Cuc.�2 �1 . .t!lii a
Deputy for Register of Wills Notary Public
My Commission Expires:
(Signmme and Seel otNmary m mheroRcial qualified to
e6minista oeihs.Show dete of expintion of Naays Commission.)
COMI�tONWFJ�LTH OF PENNSYLVANIA
NOTARiAL 3EAI,
Vidaie L Ottn,Notery Public
Form RW-06 �ev. /0.I3.06 Cailiele Horo,G�mberland County
M eommieiion imDeamberY01014