HomeMy WebLinkAbout01.06.05 Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Robert H. Kalbach No. ~1-~ ~-
also known as Robert H. Kalbach, Sr., Deceased Social Security No. 186-24-2216
Irene M. Kalbach and Robert H. Kalbach, Jr.
Petitioners, who are 18 years of age or older apply for:
COMPLETE "A" OR "B" BELOW:)
[] A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the
Decedent, dated April 21, 2004 and codicil(s) dated
S~te relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not mar~, was not divorced, and did not have a child born or adopted affe~on of the do¢~s
offered for probate; was not the victim of a killing and was never adjudi~ted incompetent:
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite; durante absentia; du~nte minod~te)
Petitioner(s) a~er a proper search has/have asce~ained that Decedent le~ no Will and was su~ived by the following
spouse (if any) and heirs:
Name Relationship Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence
at One West Lawn Circle, Wormleysbur.q, Pennsylvania 17043
(list street, number and municipality)
Decedent, then 79 years of age, died November 17, 2004 at Manor Care, West Pennsboro Township, Cumberland
County, PA
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property ................................................................................ $ 500,000
(If not domiciled in PA) Personal property in Pennsylvania ............................................ $.
(If not domiciled in PA) Personal property in County ...................................................... $.
Value of real estate in Pennsylvania ................................................................................................... $.
Total ..................................................................................................................................... $ 500:000
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and
the grant of letters in the appropriate form to the undersigned:
Signature Typed or printed name and residence I
~ ~). ~~/_-~~ pAIrene17043M' Kalbach, One West Lawn Circle, W ormleysburg,
/,~//~----~~ Robert H. Kalbach, Jr., 6339 Creekview i~Av~, t~ o.~
Mechanicsburg, PA 17050
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(s) that 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, Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed ~-d,~-¢~:::~ ~'~. ~--~z/-/--~--~'~ -
before me this L~ day of
,20 05 ?
DECR E OF REGISTER
Estate of Robert H. Kalbach, Deceased No. ~1- 0,..,~ - OO I ~
also known as Robert H. Kalbach, Sr.
Social Security No.: 186-24-2216 Date of Death November 17, 2004
AND NOW, 1~ ~ t~L f:)~"'~ Lo ,20 0~, in
consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, __
IT IS DECREED that Letters ~ Testamentary [] of Administration
(c.t.a.; d.b.n.c.t.; pendente lite; durante absentia; durante minodtate)
are hereby granted to Irene M. Kalbach and Robert H. Kalbach, Jr.
in the above estate and that the instrument(s), if any, dated April 21, 2004
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
Letters .................................. $ ~ 10.~)0 Register of Wills
Short Certificate(s) ............... $'I:~'~ 20, 00 ~-~
Renunciation ........................ $
Affidavit ( ) ......................... $
Extra P~9es ( )..,.....~i..~...... $ ~ [5 .
Codicil .................................. $
JCP Fee ............................... $ 10 00
Inventory & Tax Forms ........ $ Attorney: Howell C. Metre, Esquire
~ .... i~j~..-(~..:~..E:..E:.. .......... $ 5-OO I.D. No.: 7217
3401 North Front Street
TOTAL .................... $ ~ ~0.0 {.,) Address: Harrisburg,
PA
17110-0950
Telephone: 717-232-5000
DATE FILED:
411774vl
I05.805 REV 9/86
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanen~t filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00 ~~ ~& ('~, ~
;~ii Local Registrar
No. Date
ROBERT H. ~LBACH 5. ~: m ~ q73
'~ '] (..) -'lq
I, ROBERT H. ~LBACH, of the Borough of Womleysburg;? :4 <,~ rz: ~.-r,
Cumberland County, Pennsylvania, do m~e, publish and declare this to be my Las~~
Will and Testament, hereby revoking ~1 Wills and Codicils by me a~ ~y time made.
ITEM I: I direct that all inheritance and estate taxes
(other than generation-skipping tax) 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. 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 II: I direct the Executor to pay the expenses of
my last illness and funeral expenses from the residue of my estate as an expense and
cost of administration of my estate.
ITEM III: I give all automobiles, personal and household
effects and other tangible personal property owned by me at my death, together with
all insurance thereon, to my wife, IRENE M. KALBACH, if she survives me by 30
days. If my wife fails to survive me by 30 days, such tangible personal property shall
be distributed in shares of approximately equal value to such of my sons,
ROBERT H. KALBACH, JR. and RICHARD C. KALBACH, as survive me by 30 days;
provided, however, that if either of my sons fails to survive me by 30 days, the share
to which he would have been entitled had he so survived me shall be distributed in
shares of approximately equal value to such of his children as so survive me; and
provided further, that if both of my sons fail to survive me by 30 days, such items
shall be distributed in shares of approximately equal value to such of my
grandchildren as so survive me.
In the event that a minor grandchild of mine becomes entitled to any
items of tangible personal property, such items may be delivered to the grandchild or
to an adult with whom the grandchild resides at such time or times, whether before
or at majority, as my Executors may think appropriate, and the receipt of the
grandchild or of such adult shall discharge the Executors from all further liability
with respect thereto.
ITEM IV: I give and bequeath all of my shares of stock
of Pavex, Inc. and Freedom Equipment, Inc. to my son, ROBERT H. KALBACH, JR.,
if he survives me.
ITEM V: I give the residue of my estate, not disposed of
in the preceding portions of this Will, to my wife, IRENE M. KALBACH, and my son,
ROBERT H. KALBACH, JR., as Trustees (hereinafter collectively referred to as
"Trustee"), IN TRUST, to be divided into two parts, each of which shall constitute
separate trust funds to be known as "Trust A" and "Trust B".
"Trust A": "Trust A" shall consist of a fraction of
my residuary estate. The numerator shall be a sum equal to the largest
amount that can pass free of Federal estate tax under my Will by reason
of the unified credit and the state death tax credit (provided that the use
of this credit does not require an increase in state death taxes) allowable
to my estate but no other credit and after taking account of dispositions
under other items of this Will and property passing outside of this Will
which do not qualify for the marital or charitable deduction and after
taking account of charges to principal that are not allowed as deductions
Page 2 ~
in computing my Federal estate tax. The denominator shall be the
value of my residuary estate. For purposes of establishing this fraction,
the values finally fixed in the Federal estate tax proceeding relating to
my estate shall be used. I recognize that the numerator of this fraction
may be zero (0), in which case no property shall pass to "Trust A". I
also recognize that the numerator may be affected by the action of the
Executor in exercising certain tax elections.
"Trust B": "Trust B" shall consist of the balance
of my residuary estate not placed in "Trust A".
ITEM VI: The following provisions shall apply to Trust
"A":
(a) The Trustee shall pay to or for the benefit of my wife,
IRENE M. KALBACH, all of the net income of this Trust in convenient
installments, but not less frequently than annually. The Trustee shall
also pay to my wife, so much of the principal of this Trust as may be
necessary for the proper support, maintenance and medical care of my
wife.
(b) Upon the death of my wife, the Trustee shall pay over all of
the remaining assets, to one or all, or less than all of my issue, in the
amounts, and in the estates, in trust or otherwise, as my wife may
direct, making specific reference to this Power of Appointment, either
by written instrument filed with the Trustee during her lifetime or by
her Will.
In no event may this Power of Appointment be exercised in
favor of my wife, her estate or creditors of either.
Page 3 1'~~\
(c) If this Power of Appointment is not exercised by my wife,
in whole or in part during her lifetime, or in her Will, then upon the
death of my wife, the Trustee shall distribute the remaining
unappointed assets available for distribution as follows:
(1) The Trustee shall distribute to my son,
ROBERT H. KALBACH, JR., and LE TORT TRUST &
MANAGEMENT COMPANY, the lesser of the sum of
ONE MILLION ($1,000,000) DOLLARS, or ONE-THIRD
(1/3rd) of the remaining unappointed assets available for
distribution, IN TRUST NEVERTHELESS, for the
following uses and purposes:
A. The Trustee shall pay to or for
the benefit of my son, RICHARD C.
KALBACH (the "Beneficiary"), all of the net
income of this Trust in convenient
installments, but not less frequently than
annually. The Trustee shall also pay to the
Beneficiary so much of the principal of this
Trust as may be necessary for the proper
support, maintenance and medical care of the
Beneficiary.
B. Upon the death of the
Beneficiary, the Trustee shall pay over all of
the remaining assets, to one or all, or less
than all of the issue of the Beneficiary, in the
amounts, and in the estates, in trust or
otherwise, as my son may direct, making
Page4
specific reference to this Power of
Appointment, either by written instrument
filed with the Trustee during his lifetime or
by his Will.
In no event may this Power of
Appointment be exercised in favor of the
Beneficiary, his estate or creditors of either.
C. If this Power of Appointment is
not exercised by the Beneficiary in whole or
in part during his lifetime, or in his Will, then
upon the death of the Beneficiary, the
Trustee shall divide the unappointed
principal into as many equal parts as there
are then living children of the Beneficiary and
then deceased children of the Beneficiary
represented by then living issue. The Trustee
shall distribute one share to each living child,
and shall hold one share as a separate Trust
for the benefit of the issue of each deceased
child, per stirpes.
D. In each Trust established for the
benefit of the issue of a deceased child of the
Beneficiary, the Trustee shall quarterly pay
the net income to or for the benefit of the
issue of such deceased child, per stirpes, living
at each time of quarterly distribution. As
soon as any issue of such deceased child
Page 5
attains the age of twenty-one (21) years, and
in no event later than twenty (20) years
following the death of the Beneficiary, the
Trustee shall distribute the remaining
principal to the then living issue of such
deceased child, per stirpes.
(2) The balance of the remaining unappointed
assets available for distribution shall be distributed to my
son, ROBERT H. KALBACH JR. If he is not then living
but is survived by a then living widow, a portion of his
share shall be set aside as a separate Trust for her benefit,
as provided in paragraph (d) of this ITEM VI. The balance
of his share shall be paid to his then living issue, per
stirpes, or if no issue of his is then living, to my then living
issue, per stirpes.
(d) The widow's portion of my son, ROBERT H. KALBACH,
JR.'s, share shall be the lesser of (i) one-third (1/3) thereof or (ii) the
fraction 1/(N + 1), where "N" is the number of children of his then
living or then deceased but survived by then living issue. The widow's
portion shall be held as a separate Trust, and the income thereof shall
be paid to her at least quarterly for life. Upon the death of my son's
widow, the remaining principal shall be paid to his then living issue, per
stirpes, or if no issue of his is then living, to my then living issue, per
stirpes; provided, however, that if both of my sons were deceased upon
the death of the survivor of my wife and me, the remaining principal
shall instead be paid to my issue living upon my son's widow's death,
per stirpes.
Page 6 (~
ITEM VII: The following provisions shall apply'to "Trust
B":
(a) Trustee shall, beginning at my death, pay over all of the
net income of this Trust in convenient installments, but not less
frequently than annually, to my wife, IRENE M. KALBACH, during her
lifetime. The Trustee shall also, from time to time, pay to my wife so
much of the principal of this Trust as may be necessary for the proper
support, maintenance and medical care of my wife.
(b) Upon the death of my wife, the Trustee shall pay all
accrued income and all income accumulated but undistributed to the
estate of my deceased wife. The Trustee shall thereafter transfer the
principal of this Trust to "Trust A" to be held, administered and
distributed in accordance with the provisions of ITEM VI of this Will.
(c) If my wife should not survive me, the provisions of "Trust
B" shall be void. The part of my estate which would have constituted
"Trust B" shall be added to "Trust A" to be disposed of in accordance
with ITEM VI of this Will.
(d) The Executor is authorized in the Executor's exclusive and
unrestricted discretion to determine whether to elect (under Section
2056(b)(7) of the Internal Revenue Code of 1986 as amended, or any
corresponding provision of the Federal estate law), to qualify all, none
or a fraction of "Trust B" for the Federal estate tax marital deduction.
The Executor's decision with respect to this election shall be binding
upon all persons. Only property which is fully eligible for the marital
deduction under Federal estate tax law shall be assigned to this Trust.
Notwithstanding anything to the contrary contained in this Will, the
Page 7 ~
Trustee shall not retain or invest in any property which is or becomes
unproductive. Notwithstanding the provisions of subparagraph (b) of
this Item, the Trustee shall promptly pay to the Executor of my wife's
estate, out of the principal of this Trust upon the death of my wife, an
amount equal to the estate, inheritance, transfer, succession and other
death taxes ("death taxes"), Federal, state and other, payable by reason
of the inclusion of the value of Trust property in my wife's estate. This
payment shall equal the amount by which (1) the total of the death
taxes paid by my wife's estate exceeds (2) the total of the death taxes
which would have been payable if the value of the Trust property had
not been included in her estate. My wife's Executor shall determine the
amount payable, and the determination shall be final. The
determination of the amount due shall be based upon values as finally
determined for Federal estate tax purposes in my wife's estate. After
payment of the amount determined to be due hereunder, the Trustee
shall be discharged from any further liability with respect to payment.
My wife may waive her estate's right to payment under this
subparagraph by Will, executed after my death, in which she specifically
refers to this right.
ITEM VIII: The Executor and the Trustee shall each
possess the following powers, each of which may be exercised without court approval
and in a fiduciary capacity only:
(a) 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 or Trustee.
(b) To vary investments, and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
Page 8 ~/~
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) In order to divide the principal of a Trust or for any other
purpose, including final distributions, the Executor and Trustee are
authorized to divide and distribute personal property and real property,
partly or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts so long as the total market value of each share
is not affected by the division, distribution or allocation in kind. The
Executor and Trustee are each 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) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or 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(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the power
conferred upon the Executor and Trustee.
(e) To mortgage real estate, and to make leases of real estate.
(fl To borrow money from any person, including the Executor
or Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to
Page 9 ~-
assign and pledge assets of my estate or any Trust established by this
Will. This paragraph shall not be construed to authorize borrowing
from "Trust B".
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or any Trust established under
this Will. If any death taxes are payable with respect to my estate, these
taxes shall be paid from "Trust A".
(h) 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 the
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or
any Trust established under this Will, and to exercise all the powers
incident to the ownership of stock.
(j) To unite with other owners of property similar to property
in my estate to carry out plans for the reorganization of any company
whose securities form a part of my estate.
(k) 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.
Page 10
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized by
law.
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my estate
or trust, without affecting the compensation to which the Executor and
Trustee are entitled.
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the generation-
skipping transfer tax shall be either zero or one, in order that an
election under Section 2652(a)(3) of the Internal Revenue Code may be
made with respect to one of the separate Trusts, or for any other reason.
(o) To do all other acts in their judgment necessary or
desirable for the proper and advantageous management, investment and
distribution of the estate and Trusts established under this Will.
ITEM IX: No part of the income or principal of any
Trust created by this Will shall be subject to attachment, levy or seizure by any
creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior
to his or her actual receipt of income or principal distributed. The Trustee shall pay
the net income and the principal to the beneficiaries specified by me, as their
interests may appear, without regard to any attempted anticipation, pledging or
assignment, and without regard to any claim or attempted levy, attachment, seizure
or other process against the beneficiary.
ITEM X: If a beneficiary under the age of twenty-one
(21) years is entitled to receive assets under this Will, the Executors shall receive
Page 11 ~'~
those assets as Custodian for the beneficiary under the Pennsylvania Uniform
Transfers to Minors Act. The Custodian may receive and administer all assets
authorized by law, and shall have full authority as provided in the Pennsylvania
Uniform Transfers to Minors Act to use assets in the manner the Custodian deems
advisable for the best interests of the beneficiary.
ITEM XI: Any person, other than my wife, 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.
If my wife and I die simultaneously, or under such circumstances that the order of
our deaths cannot be established by proof, my wife shall be deemed to have survived
me. Any person (other than myself) who has died at the same time as any then
beneficiary under this Will or in a common disaster with that beneficiary, or under
such circumstances that the order of deaths cannot be established by proof, shall be
deemed to have predeceased that beneficiary.
ITEM XII: I hereby nominate, constitute and appoint my
wife, IRENE M. KALBACH, and my son, ROBERT H. KALBACH, JR., to be the
Executors, collectively referred to as "Executor". The Executor, Trustee and
Guardian are specifically relieved from the obligation of filing bond or entering
security.
Each individual Executor and Trustee acting hereunder (however
appointed) shall have the right to appoint his or her successor, with one or more
alternates in a specified order of priority. Thereafter, if the Executor or Trustee for
any reason ceases to act, the first such designated successor who can and will act
shall be the successor. Any Executor or Trustee may from time to time alter his or
her designation before it takes effect, and the designation by a successor acting
hereunder shall supersede any designation of alternates made by a prior Executor or
Trustee. If any Executor or Trustee fails to qualify or thereafter ceases to act
Page 12
without having effectively designated his or her successor, the successor shall be such
person as the other then acting Trustee or Trustees may appoint; or if there is no
other then acting Trustee, such person as a majority of my then living adult
descendants may appoint.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding twelve (12) pages, at the end
of each page of which I have also set my initials for greater security and better
identification this 2/~rday of 2~/~ ,2004.
ROBERT H. KALBACH
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.
- .~"~~ (SEAL) Residingat / ~J~,~-~ ~
~~ (SEAL)
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