HomeMy WebLinkAbout05-30-14 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: Lewis T.Holtzinger File No: I- I 'l r,
-63q
a/k/a: Lewis Thomas Holtzinger,Jr. (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: May 15,2014 Age at death: 97
Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last
principal residence at 865 Oak Oval' Mechanicsbure 17055 Unoer Allen Townshin Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 100 Mount Allen Drive,Mechanicsburg, 17055 Upper Allen Townhio 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 $ '15,000.00
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. . . . $ L15,000,00
Real estate in Pennsylvania situated at:
(Attach additional sheets, ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
Mi 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 January 18,2006 and Codicil(s)
thereto dated March 19,2009
State relevant circumstances(e.g.renunciation,death of executor,eta)
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 bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ®EXCEPTIONS
®i B. Petition for Grant of Letters of Administration (If applicable)
at.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.ca 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 ® EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Deceden tleftnoWillandwas survivedbythefol low, spouse(if 2
MD andheir,*ttach
additional sheets, ifnecessary): c s :�o rrt
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Name Relationship Address t,�
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Form RW-02 rev. 10/1112011 Page 1 of 2
Oath of Personal Representative Official use only
COMMONWEALTH OF PENNSYLVANIA } SS: RECORDED OFFICE OF
}
COUNTY OF CUMBERLAND } REGISTER OF WILLS
Petitioner(s)Printed Name Petitioner(s)Printed Add
Orrstown Bank P.O. Box 250 Shippensburg,PA 17257 .l FRK OF
ORPHANS' COURT
CUMBERLAND CO.. PA
The Pctitioner(s)above-named swear(s)or affirm(s)the statements in the foregoin Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representatives)of the D Ci H P ioner(s)wt ell and truly administer the estate according to law.
Sw5th.to or:affirmed subscribed before Date 7 36 �i
dayof ��1M1 EL L 3A<� - oe.&5-To .rJ eA"We Date
I Date
Register Date
BOND Required: Q YES Q NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . S +35-CO Attorney Signat -
( 4 ) Short Certificatc(s). . . . . . 20.00
( ) Renunciation(s).. . . . . . . .
( 1 ) Codicil(s). . . . . . . . . . . . . 15.00
( ) Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Stanley A. Smith
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . TD Number: 33782
Will . . . . . . . . 15.00
. . . . . . . . 150.C1U Firm Name: Rhoads& Sinon LLP
. . . . . . . . Address: One S_Market Street_ 12th Floor
P.O. Box 1 146
. . . . . . . . Harrisburg,PA 17108-1146
Inheritance Tax Fee . . . . . . . . 15.00
Inventory Fee . . . . . . 15.00 Phone: 717-233-5731
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717-238-3651
JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: ssmit Qj rhnads-ninon corn
TOTAL. . . . . . . . . . . . . . . . . . . . . S
ay x _
DECREE OF THE REGISTER ' I
Estate of Lewis T. Holtzinecr File No: C—)
a/k/a: Lewis Thomas Holtzinecr,Jr.
AND NOW, _CjV'N Q �, in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Orrstown Bank
in the above.estate and (if applicable)that
the instrument(s) dated January 18, 2006 and Codicil dated March 19,2009
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
(LAb fl/u
Register of Wills �•
�QY
Form RW-02 rev. 1011112011 Page 2 of 2
LAST WILL AND TESTAMENT �, o
F o s m
OF ^ ..-0 3 rn n
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LEWIS T. HOLTZINGER U, ;;U M o rn-�U d
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I, LEWIS T. HOLTZINGER, of Camp Hill, Cumberland County,Pennsylvania, Cn o
cn
being of sound and disposing mind and memory, do make,publish and declare this to be my Last
Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made.
I am married to Yolanda M. Holtzinger(hereinafter referred to as "My Spouse")
and the children born of our marriage are Patricia Ann Gaston and Karen Lee Pearson. As used
herein the term"my children" shall refer to the aforelisted children born of my marriage with My
Spouse.
1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my
household furniture and furnishings, automobiles, books,pictures,jewelry, china, crystal,
appliances, silverware, wearing apparel, articles of household or personal use or adornment,
collections, artworks,boats and recreational equipment and vehicles, computers (including all
items of hardware and software used with or for my computers), together with all policies of
insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I
give all such articles of tangible personal property to my issue living at my death,per stirpes. Any
cost of packing and shipping said personalty to the beneficiaries, including insurance, shall be paid
by my Executor as a general administration cost. My Executor shall select such articles, if any, as
Page 1 of 7 Pages
590004.1
590004.1
such Executor deems appropriate for any minor and deliver the articles to the minor or to any
person or persons chosen by such Executor whose receipt shall be a complete acquittance therefor.
If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor,
such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate.
2. RESIDUE. I give, devise and bequeath all the rest and residue of my
property,real,personal and mixed,not disposed of in the preceding portions of this Will,including
all property over which I hold a power of appointment (which powers of appointment I hereby
exercise in favor of my estate), to the then Trustee of"The Lewis T.Holtzinger Revocable Trust"
created by a trust agreement dated the same date as this Will between me,as Settlor, and
ORRSTOWN BANK, with offices in Cumberland County,Pennsylvania, as Trustee, to be held,
administered and disposed of in accordance with the terms of such trust as the same may be
amended at my date of death.
3. SPENDTHRIFT PROVISION. No interest in income or principal of my
estate shall be subject to attachment, levy or seizure by any creditor,.spouse, assignee or trustee or
receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt
thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein
designated, as their interests may appear,without regard to any attempted anticipation(except as
may be specifically provided herein),pledging or assignment by any beneficiary of my estate and
without regard to any claim thereto or attempted levy, attachment, seizure or other process against
said beneficiary. w
Page 2 of 7 Pages
4. SURVIVAL PRESUMPTIONS. Any person who shall have died at the
same time as'I or under such circumstances that it is difficult or impossible to determine who shall
have died first, shall be deemed to have predeceased me.
5. FIDUCIARY POWERS. In the settlement of my estate,my Executor shall
possess, among others, the following powers, exercisable without prior court approval, but in all
cases to be exercised for the best interests of the beneficiaries:
(a) To retain any investments I may have at my death so long as my
Executor may deem it advisable to my estate so to do, including securities owned,
issued or underwritten by any corporate Executor or any of its affiliates.
(b) To vary investments,when deemed desirable by the Executor, and to
invest in every kind of property and type of investment,including securities owned,
issued or underwritten by any corporate Executor or any of its affiliates, or as to
which such Executor or its affiliate acts as investment advisor, as the Executor shall
deem wise.
(c) _ In order to effect a division of the principal of my estate or for any
other purpose, including any final distribution of my estate, my Executor is
authorized to make said divisions or distributions of the personalty and realty partly
or wholly in kind. If such division or distribution is made in kind, said assets shall
be divided or distributed at their respective values on the date or dates of their
division or distribution. In making any division or distribution in kind, my
Executor shall divide or distribute said assets in a manner which will fairly allocate
any unrealized appreciation among the beneficiaries.
(d) To sell either at public or private sale and upon such terms and
conditions as my Executor may deem advantageous to my estate, any or all real or
personal estate or interest therein owned by my estate severally or in conjunction
with other persons or acquired after my death by my Executor, and to consummate
said sale or sales by sufficient deeds or other instruments to the purchaser or
purchasers, conveying a fee simple title, free and clear of all trust and without
obligation or liability of the purchaser or purchasers to see to the application of the
purchase money or to make inquiry into the validity of said sale or sales; also, to
make, execute, acknowledge and deliver any and all deeds, assignments, options or
Page 3 of 7 Pages
other writings which may be necessary or desirable in carrying out any of the
powers conferred upon my Executor in this paragraph or elsewhere in this Will.
(e) To mortgage real estate and to make leases of real estate for any
term.
(f) To borrow money from any party, including my Executor, to pay
indebtedness of mine or of my estate, expenses of administration,Death Taxes or .
other taxes.
(g) To pay all costs, expenses, legally enforceable debts, funeral
expenses and charges in connection with the administration of my estate.
(h) To vote any shares of stock which form a part of my estate or trust
and to otherwise exercise all the powers incident to the ownership of such stock and
to actively manage and operate any incorporated or unincorporated business,
including any joint ventures and partnerships, and to incorporate any such
unincorporated business, with all the rights and powers of any owner thereof.
(i) In the discretion of my Executor to unite with any other owners of
similar property in carrying out any plans for the reorganization of any corporation
or company whose securities form a part of my estate.
(j) To assign to and hold in my estate an undivided portion of any asset.
(k) To hold investments in the name of a nominee.
(1) To compromise controversies.
(m) To disclaim, in whole or in part, any and all interests in property
owned by me at the time of my death, including those passing to me by Will,
intestacy, contract,joint ownership, operation of law or otherwise.
(n) To designate one or more persons or a corporation to act as ancillary
fiduciary in any jurisdiction in which ancillary administration may be necessary,
such ancillary fiduciary to serve without bond or security and to have all the
powers, authorities and discretion conferred hereunder.
(o) To employ and compensate from income or principal, in the
Page 4 of 7 Pages
discretion of my Executor, investment and legal counsel, accountants, brokers and
other specialists, and, whenever there shall be no corporate Executor in office, a
corporate custodian, and to delegate to investment counsel discretion with respect
to the investment and reinvestment of any or all of the assets held hereunder.
6. EXCULPATORY CLAUSES. In the settlement of my estate:
(a) My Executor shall not be personally liable for any loss to my estate
or to any beneficiary of my estate resulting from an election made in good faith to
claim a deduction as an income tax deduction or as an estate tax deduction.
(b) In valuing property in my gross estate for the purposes of any Death
Tax, my Executor shall not be personally liable for any loss to my estate or to any
beneficiary of my estate.resulting from my Executor's decision made in good faith
to use a particular valuation date.
7. TAX CLAUSE. Except to the extent paid by the Trust described in ITEM
2, all inheritance, estate and similar taxes becoming due by reason of my death, except any taxes
relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal
Revenue Code, as amended ("Death Taxes"),whether such Death Taxes shall be payable by my
estate or by any recipient of any property, shall be paid by my Executor out of the property passing
under ITEM 2 of this Will as an expense and cost of administration of my estate. My Executor
shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my
Executor, even though paid with respect to proceeds of insurance or other property not passing
under this Will.
8. CUSTODIAN OF ESTATES. If at any time any individual under the age of
twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether
payable hereunder,by operation of law or otherwise, I appoint my Executor hereinafter named(or
Page 5 of 7 Pages
any such persons as may be designated by such Executor) as Custodian for such individual under
the Pennsylvania Uniform Transfers to Minors Act.
9. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I hereby
authorize my Executor in my Executor's sole and absolute discretion to allocate any adjustments
to the income tax basis of assets of my estate to such assets as my Executor deems to be
appropriate. I recognize that this power gives my Executor broad latitude which I wish my
Executor to exercise while taking into account such factors as my Executor deems beneficial to all
of the beneficiaries of my estate. My Executor shall not be liable for any loss to my estate or to
any beneficiary of my estate resulting from such allocation made in good faith.
10. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, YOLANDA
M. HOLTZINGER, as Executrix of this Will. If for any reason My Spouse should fail or cease to
act, I appoint ORRSTOWN BANK,with offices in Cumberland County,Pennsylvania, as
Executor. All references in this Will to my"Executor" shall refer to my originally named
Executrix or to my successor Executor, as the case may be.
11. WAIVER OF BOND: FIDUCIARY FEES. The Custodian and my
Executor shall qualify and serve without the duty or obligation of filing any bond or other security.
Any corporate fiduciary shall be entitled to compensation for services in accordance with the
standard schedule of fees in effect when the services are rendered.
Page 6 of 7 Pages
a
IN WITNESS WHEREOF, I have set my band and seal to this,my Last Will and
Testament, consisting of this and the preceding six (6)pages, this / ,? day of
ZJ? by r 2006.
(SEAL)
Lewis T. Holtzinge
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 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) Residing at: / �O [_C ✓!/Yo
(SEAL) Residing at: i�rw,�
Page 7 of 7 Pages
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We,LEWIS T. HOLTZINGER, /� and
the Testator and the Witnesses,respectively,whose names are
signed to the foregoing instrument,having been sworn, do hereby declare to the undersigned officer
that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and
Testament, that he signed voluntarily,that each of the witnesses,in the presence of the Testator and
of each other, signed said Will as a witness and that to the best of the knowledge of each witness,
the Testator was at the time of sound mind and under no constraint or undue influence.
wis T tzi g r
Witness
1 ess �
Subscribed and acknowledged before m,//e by LEWIS/T�T. HOLTZINGER,the
Testator, and subscribed and sworn to before me by 4 17• 4� and
Z= � the witnesses, on this /0 day of
2006.
N tart'Public .
My Commission Expires:
(SEAL)
COMMONWEALTH Of PENNSYLVANIA
Notarial Seal
Judith L.Krape,Notary Public
y 4'Of Harrisburg.Dauphin Count)
MY Commission Expires Oct.14,2007
Member,Pennsylvania Association Of Notarios -
CODICIL
TO THE LAST WILL AND TESTAMENT n o
o r l
OF rn a a n o
t
LEWIS T. HOLTZINGER z TTI w v
:p co :v o o
u c '
Z_3 _T1
1, LEWIS T. HOLTZ.INGER,of Mechanicsburg, Cumberland County, Per�t""hi s-ylvania, w rr-� M
co
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being of sound and disposing mind and memory,do make, publish and declare this to be a Codicil to my
Last Will and Testament dated January 18,200b.
My Spouse,Yolanda M. Holtzinger,died on February 18,2009. 1 therefore appoint
ORRSTOWN BANK,with offices in Cumberland County,Pennsylvania,as Executor of my estate. All
distributions to Yolanda M. Holtzinger under my Will are now null and void.
IN WITNESS WHEREOF,I have hereunto set my hand and seal to this Codicil to my Last
Will and Testament,consisting of this one(1) page,this A day of r c k , 2009.
1�wv� 7 EAI
Leewiis f. Holtzinger
We,the undersigned,hereby certify that the foregoing Codicil was signed,sealed,
published and declared by the above-named Testator as and for a Codicil to 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 above written, and we certify that at the time of the execution
th the sai ;r-and disposing mind and memory.
{SEAL} _ 3� / -(]�(�
�J _. (SEAL) 'le`ti C�>r*tt.�st�c Jir..
rnGG�.wnStY�'ttGl '�13
Pagel of 1 Page
733289.4
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF yy +
We,LEWIS T. HOLTZINGER, �and
� ISSA4 the Testator and the Witnesses,`respectively,whose names are signed to the
foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in
the presence of the Witnesses,signed said instrument as a Codicil to his Last Will and Testament,that he
signed voluntarily,that each of the witnesses, in the presence of the Testator and of each other, signed said
Codicil as a witness and that to the best of the knowledge of each witness,the Testator was at the time of
sound mind and under no constraint or undue influence.
t T.Hot ss
Wit� \ � '
Subscribed and acknowledged before me by LEWIS T. HOLTZINGER,the Testator, and
subscribed and sworn to before me by y�i and 'R4 U-P-1- 3 R.zssa
the witnesses,on this if, day of 14.1,�Iti 2009.
—�— �
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary K.Lins,No Public
Carlisle Boro,Cumberland Counry
My Commission Expires Nov.9,2009
Member,Pennsyivgnla Association of Notaries