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HomeMy WebLinkAbout05-29-14 ���� PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COIJNTY,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: Henry J Scholz File No: �f a/k/a: Henrv John Scholz (Assigned by Register) a/k/a: a/Wa: Social Security No: Date of Death: Mav 13th 2014 Age at death: 91 Decedent was domiciled at death in Cumberland County, pa (stare)with his/her last principal residence at 227 12th Street 17070 New Cumberland Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at HSH 503 N 21 st St,Camn Hill.PA 17011 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 $ 6,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 1 10,�00_�0 TOTAL ESTIMATED VALUE. ... $ 116 000.00 Real estate in Pennsylvania situated at: 227 12th Street 17070 New Cumberland Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentarv tZ. Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated January 24�h,2004 and Codicil(s) thereto dated 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. �NO EXCEPTIONS �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. �NO EXCEPTIONS �EXCEPTIONS " Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following sp6IIse�f any)anc�irs(a�(gc� additional sheets,if necessary): � c'a CO 'a � � C� Cf� Name Relationshi Address �� ;� ;~- , c 7 �p J� r. � C7 � � � �:a =c : � � r~�.. 'v � r°- cfl '*1 Form RW-02 rev.10/II/2011 Page 1 of 2 Oath of Personal Representative ofs��a�use o�iy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address James P Scholz 40 Ar ali Lane Mechanicsbur Pa 17055 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 Dece , he Petition il ell d t administer the estate accor �ng to 1 . Sworn to firmed a ubs ribed be ore . Date 2Q l me th'" � ay. f , UI Date By: Date F th Register Date BOND Required: Q YES Q NO To the Register of Wi[[s: FEES: Please enter my appearance by my signature below: Lette . . . . . . . . . . . . . . . . . . . $ � �� Attorney Signature: ( � Short Certificate(s).. . . . . ' � -� � ( )Renunciation(s).. . . . . . . . c7 ° ( )Codicil(s). . . . . . . . . . . . . � � � (�'i ( )Affidavit(s).. . . . . . . . . . . p � .� � Bond.. . .. . . . . . . . . . . . . . . . . . . . Printed Name: � � .�.� Q � _:�.. C7 "fi C:d :�7 Commission. . . . . . . . . . . . . . . . . . Supreme Court ;�— �'' r N .,} � O e• . . . . . . ID Number: r�r � , . T �,� ;.9 c� I . . . . . . . � 'yx � �� � `r� � . . . . . . . . Firm Name: �� c,7 � � -� • .�. . . . . . . •DO Address: eJ �' • :: — ..�. C� . . . . . . . . ` .-.� � rn . . . . . . . . �.. rv cn o � . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . • n Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . � Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ b'II�' ��� ECREE OF THE REGISTER Estate of Henrv J Schoiz File No: /�-/� /� ��� a/k/a:Henry John Scholz AND NOW, , ��� ,in con ' ion of the fore oing Petition, satisfactory proof having been p ented before me,IT IS DECREED that L ters f ` �,( are hereby granted to ----� in the above e and(if applicable)that the instrument(s)dated G� described in the Petition be admitted to pro ate and file of re d as the last Will(and Co i s))of Decedent. Reg ter of Wills �, � Form RW-02 rev.loilvzo» Page 2 of 2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � � No. 2014- 00524 PA No. 21- 14- 0524 Es ta te Of: HENRY J SCHOLZ /Firs7,Middle,Lastl a/k/a: HENRY JOHN SCHOLZ La te Of: NEW CUMBERLAND BOROUGH CUMBERLAND COUNTV Deceased Soci al Securi ty No: WHEREAS, on the 29th day of May 2014 an instrument dated January 12th 2004 was admitted to probate as the last will of HENRY J SCHOLZ (First,Midd/e,Lastl a/k/a HENRY JOHN SCHOLZ late of NEW CUMBERLAND BOROUGH, CUMBERLAND County, who died on the 13th day of May 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: JAMES P SCHOLZ who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VAN/A. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of�my office on the 29th day of May 2014. �; � � � � � P�� t'�� � t _ � � ��,. c.�� `-° �.. ,� °_� ✓ � ."' � �" '. :< � �� �� -�'�.'_.�.,'. � 4� � _ . �� � � �� �' Register o� i s , C'� .' � Ca �� �� � ¢ �� +E� ` . ...'. �. F t / Y e' �"/(' . ._..y. � + / �f �� .1� \ �J t ... . :..., , . j`° ,� /e ,' � / :,� ., ��f..f'�..:c,� �,.... . • r .._.�� �:!R �i 41 Q'� � - /' Deputy r C'o C� ":..t / d ��'' �'- CJr �r r r` �,,,� C_!) � l.C,� ""`� � �' � � �:;:� _ � � � � � ., � v **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) i ` n (" ^� �1 � `J � LAST WILL AND TESTAMENT � �o � � � rn c� � _._.. a OF !`'i � c-� --� �.n :.z� N .. , r,� �.-_ �' r' � i`rT HENRY J. SCHOLZ ' �.� :�;° C° ���� �� t:�; " '` �::�, CJ r i::7 � 'T7 � A.._� �l I, Henry J. Scholz, of 227 12th Street, New Cumberland, County of'�Ctt�berlaf�21, � r�r� Pennsylvania,being of sound mind and memory,do hereby make,publish and declare this to b�y � � Last Will and Testament. FIRST: I hereby revoke all Wills and Codicils thereto by me at any time heretofore made. SECOND: I direct that all my legal debts, my funeral expenses and the costs of administration of my estate be paid as soon as practicable after my death. I direct that my Executor or Executrix pay out of my estate,as a general charge thereon,all inheritance,estate,succession and other taxes,together with any interest or penalty thereon assessed by reason of my death with regard to all properties and assets subject to such taxes,whether or not such property and assets pass under this Will. THIRD: I give,devise and bequeath all of my estate,real,personal or mixed,tangible or intangible, of whatsoever kind and wheresoever situated, together with any property to which I may have any power of disposition or appointment and whether acquired during or after my lifetime, to my children,David Scholz,John Scholz,Thomas Scholz,Carol Markel,Donald Scholz,Mary Scholz and James P. Scholz,to share and share alike, in equal parts,provided such child survives me for a period of thirty(30) days. If any of my children, David Scholz,John Scholz,Thomas Scholz,Carol Markel,Donald Scholz,Mary Scholz and James P. Scholz are deceased at the time of my death or do not survive me for a period of thirty (30) days, but are represented by living issue, such issue shall take, per stirpes,the legacy to which his or her parent, David Scholz,John Scholz,Thomas Scholz,Carol Page 1 of 6 Initials��4. .� 4 '" Markel,Donald Scholz,Mary Scholz and James P.Scholz would have been entitled if then living. At the sole discretion of my Executor or Executrix, the share of any minor child shall be selected and held by my Executor or Executrix for delivery to such child at termination of minority; or in the sole discretion of my Executor or Executrix, may be delivered either to the minor or to another to hold for the minar during minority,and the receipt of the minor or such other person shall operate as a complete discharge of my Executor or Executrix. FOURTH: My Executor or Executrix, shall have the following powers in addition to those vested in them by law and by other provisions of my Last Will and Testament, applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: 1. I direct that my Executor or Executrix and his/her successor, shall not be required to give bond for the faithful performance of his/her duties in any jurisdiction. 2. My Executor or Executrix shall receive compensation for the performance of his/her functions hereunder in accordance with the Pennsylvania Estates Practice standard schedule of fees in effect from time to time during the period over which the services are performed. 3. To allocate receipts and expenses to principal or income or partly to each as he/she from time to time thinks proper in his/her sole discretion. 4. To borrow money from any person or institution and to mortgage or pledge any or all real or personal properly as my Executor or Executrix in his/her sole discretion shall choose,without regard for the dispositive provisions of this instrument. 5. To compromise any claim or controversy. Page 2 of 6 Initials �� ,d � 6. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as he/she may determine,and at valuations finally to be fixed by him/her. 7. To invest in all forms of property (including stock or other securities and common trust funds and mortgage investment funds), without restriction to investments authorized for Pennsylvania fiduciaries,as he/she deems proper, without regard to any principle of diversification or risk. 8. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases,for such prices and upon such terms or conditions as he/she deems proper. 9. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income. 10. All shares of principal and income hereby given shall be free from anticipation,assignment,pledge or obligation of the beneficiaries and any of them, and shall not be subject to any execution, attachment, levy or sequestration or other claims of the creditors of said beneficiaries or any of them. FIFTH: I do hereby make, constitute and appoint my son, James P. Scholz the Executor of this my Last Will and Testament. Should he fail to qualify or cease to act,I appoint my daughter,Carol Markel of Mechanicsburg,Cumberland County,Pennsylvania,as Executrix of this my Last Will and Testament. Page 3 of 6 Initials���,,,� IN WITNESS WHEREOF, I, Henry J. Scholz, Testator above named, have hereunto subscribed my name and affixed my seal this 1,�day of January 2004. Henry lz Signed, sealed,published and declared by the above-named Henry J. Scholz as and for his Last Will and Testament,in the presence of us and each of us,who,at his request and in his presence and in the presence of each other,have hereunto subscribed our names as witnesses thereto the day and year last written above. � 1 1��� a� 1 . �� �. S . . � WITNESS ADDRESS �/�11��3� ,� • /xc�'i',r �rc J�/7�0, .J � � �� 7 i / ITN S ADDRESS Page 4 of 6 Initials 1��� COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN . I, Henry J. Scholz, the 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;and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Henry J. Scholz, the Testator, this 1�day of January 2004. Henryli . S olz � � NOTARY BLIC My Commission Expires Notarial Seal Dorothy M.Scott,t�tary Public Harrisburg, Dauphin Cotuny My Commission Expires Sepi.11,2004 Member,PennsylvaniaAssociationotNotaries Page 5 of 6 Initials��� COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN : We, �i �J �6l(�(��.-, and �''l�'�r.����1'a�v,� , 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 the Testator sign and execute the instrument as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Last Will and Testament as a witness;and that to the best of our knowledge the Testator was at the time 18 or more years of age,of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by I7 � I I �7U 1(,l pGl� and /'��`i.cG���i''e�,✓� , witnesses, this t3.'I'L�.,day of January 2004. � �3 ` --���� J WITNES�S ITNES � � NOTARY PU IC My Commission Expires: Notarial Seal Dorothy M.Scott, Notary Public Harrisburg, Dauphin County My Commission Expires Sept.11,2004 Member,PennsylvaniaAssociationotNotanes Page 6 of 6 Initials���