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Home My WebLink About06-27-14 _ _ . IN RE: ESTATE OF EDWARD L. ZEIGLER : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, ,...,., r-� : PENNSYLVANIA �`? � �; � : ORPHANS' COURT DI�ION c_ ;;`� �? C� - ' �"1 .r-G {:�.i .:.'7 � �,-.. On Petition of Michael L. Zeigler : NO. 21-14��(��'(�- , � �`� ' rT� � 7 � . � _. � . _ ` : : , ,__, � � �, . --D ; -.r, PETITION FOR PROBATE AND GRANT OF LETTERS.O�' �`' � - �- 'V �,:_ i ii PHOTOCOPY OF THE �,M =i r--- LAST WILL AND TESTAMENT OF EDWARD L. ZEIG�ER � `�' -"T, NOW COMES, Petitioner, Michael L. Zeigler("Petitioner"), by and through his attorney, Linda J. Olsen, Esquire, and files the within Petition for Probate and Grant of Letters of Photocopy of the Last Will and Testament of Edward L. Zeigler, and in support thereof, avers as follows: 1. Petitioner, Michael L. Zeigler, is an adult individual residing at 312 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Petitioner is the son of Edward L. Zeigler ("Decedent") who died on May 25, 2014. A copy of the death certificate is attached hereto as Exhibit "A". 3. At the time of his death, Decedent resided in a nursing home at 1100 Grandon Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Decedent's surviving heirs are his son, Michael L. Zeigler, and his minor granddaughter, Hannah Zeigler, daughter of Randy E. Zeigler. 5. On November 11, 2002, Decedent executed a Last Will and Testament ("Will"), a copy of which is attached hereto as Exhibit "B". 6. The Will was prepared by Thomas J. Ahrens, Esquire, then of Mechanicsburg, Pennsylvania. 7. Witnesses to the Decedent's Will dated November 11, 2002 were Thomas J. Ahrens and Ashley J. Pisanick. 8. The Will contains a self-proving affidavit. 9. The Will bequeaths two-thirds of the residue of decedent's Estate to his son, Michael L. Zeigler, and one-third of the residue of decedent's Estate to his son, Randy E. Zeigler,per stirpes. 10. Randy E. Zeigler predeceased Edward L. Zeigler in 2011, but is survived by one daughter, Hannah Zeigler. 11. Hannah Zeigler is entitled to receive her deceased father's share of the Estate of Edward L. Zeigler. 12. Hannah Zeigler is a minor, sixteen (16) years of age, having a date of birth of December 31, 1997. 13. On October 11, 2013, Michael L. Zeigler was appointed as Guardian of the Estate of Hannah Zeigler as to the Residuary Distributive Share from the Estate of decedent's wife, Jean L. Zeigler. 14. Any distributive share under the Will of Edward L. Zeigler could be added to the account established for the benefit of Hanna Zeigler with Michael L. Zeigler as Guardian to be held until she attains the age of eighteen (18) years. 15. Petitioner made a diligent search for the original Will, including making inquiries with the drafting attorney, Thomas J. Ahrens, Esquire, who is now living in Charlotte, North Carolina, but the original Will cannot be found. 16. At some point after the execution of the Will, the original was apparently lost. 17. There is only one probate asset of the estate; a bank account at PNC Bank having an approximate date of death value of$17,000, and in accordance with the terms of the Will, the amount remaining in the bank account, after payment of estate expenses and administration costs, is to be distributed two-thirds to Michael L. Zeigler and one-third to Hannah Zeigler, surviving issue of Randy E. Zeigler. 18. The Will names Decedent's son, Michael I. Zeigler, as Executor. 19. There are no other interested or adverse parties to this proceeding other than Petitioner, Michael L. Zeigler, and Hannah Zeigler, sole surviving issue of Randy E. Zeigler. 20. Counsel for Petitioner does not believe that a hearing on this matter is necessary, and Petitioner respectfully requests that a hearing be waived. WHEREFORE, Petitioner respectfully requests that a photocopy of the Last Will and Testament of Edward L. Zeigler dated November 11, 2002 be admitted to probate as if it were the original and that Letters Testamentary be granted to Petitioner, Michael L. Zeigler. Respectfully submitted, Hazen Elder Law � �� Date: !� �6 I`� By: �— Lind� J. Olse Esquire Attorney ID No. 92858 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717)540-4332 lolsen(�a,hazenelderl aw.com Attorney for Petitioner _ _ - - - EXHIBIT "A" EXHIBIT "B" LAST WILL AND TESTAMENT OF EDWARD L. ZEIGLER I, EDWARD L. ZEIGLER, of Cumberland County, Pennsylvania, declare this to be my Last Will, hereby revoking all prior wills and codicils. FUNERAL EXPENSES FIRST: I direct the payment of my funeral expenses, including my gravemarker, as soon as may be convenient after my death. PAYMENT OF DEATH TAXES SECOND: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction 'iiiiposed, shall be paid from my residuary estate as a part of the expense of administration of my estate. PERSONAL PROPERTY THIRD: I bequeath those items of my household furnishings, personal effects, and personal property as I may set forth in a separate signed memorandum to the persons named in that memorandum. ' DISTRIBUTION OF RESIDUE . FOURTH: I give two-thirds of the residue of my estate to my son, Michael L. Zeigler, and one-third of the residue of my estate to my son, Randy E. Zeigler, providing they shall survive me for a period of thirty (30) days. The share of any child who predeceases me or dies on or before the thirtieth day following my death shall be distributed to his or her issue, per stirpes, living on the thirty-first day following my death, and in default of any such then-living issue, such share shall be added to the share or shares for my other children. PROTECTION OF BENEFICIARIES (Spendthrift Provision) FIFTH: No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. TRUSTEE OF ESTATE OF MINORS AND INCAPACITATED BENEFICIARIES SIXTH: If any income or principal shall be payable to any person who shall�be a minor or who shall be incapacitated for any reason, my executor, as trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. My trustee shall be entitled to make direct application hereunder or to make application by payment of income and principal to the parent or other person in charge af such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Trustee may, in discharge of all the Trustee's duties, pay any minor's share deemed impractical of administration to the parent or other person in charge of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be distributed to such person upon such person reaching the age of 18. My Trustee shall have the same powers as my executor and shall serve without bond. POWERS OF EXECUTOR SEVENTH: I confer upon my executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and upon such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments;" to make distribution in cash or in kind; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. APPOINTMENT OF EXECUTOR EIGHTH: I appoint Michael L. Zeigler, executor of my will. If Michael L. Zeigler is unable or unwilling to qualify as executor or having qualified is unable or unwilling to act, I then appoint Randy E. Zeigler as executor hereof. I direct that my executor shall not be required to furnish security in any jurisdiction. INTERCHANGEABILITY OF LANGUAGE NINTH: Words used in the singulax may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; � and the neuter may be read to include the masculine and feminine. HEADINGS TENTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no legal significance. I have signed this will this 11 t� day of November, 2002 � Edward L. Zeigler � /../ ��1 V Thomas J. hrens As ley J. is nick ACKNOV�LEDGEMENT and AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND : I, Edward L. Zeigler, the testator in, and Thomas J. Ahrens and Ashley J. Pisanick, the witnesses to the last will, the attached or foregoing instrument, who have signed the instrument, having been duly qualified according to law do depose and say: (a) that I, the testator, do hereby acknowledge that I signed and executed the instrument as my last will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and {b) that we, the witnesses, were present and saw the testator sign and execute the instrument as his last will, that he signed it willingly and executed it 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 a witness and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. � � . Edward L. Zeigler �� l Witness, Thom J. Ahrens �� Witness, J. Pisanick NOTARIAL SEAI. JUDD kl.ANRENS,NOTARY PUBLIC � MECHANICSBURG BORO.,CUMBERLAND C0. � MY COMMISSION D(PIRES MAY 23 2005 otary Public IN RE: ESTATE OF EDWARD L. ZEIGLER : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION On Petition of Michael L. Zeigler : NO. 21-14 CERTIFICATE OF SERVICE I, Linda J. Olsen, Esquire, certify that on �,�,,,,� �� , 2014, I served a true and correct copy of the within Petition for Probate and Grant of Letters of Photocopy of the Last Will and Testament of Edward L. Zeigler on the parties named below, by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Michael L. Zeigler 312 North 2nd St. Wormleysburg, PA 17043 Hannah Zeigler c/o Sarah Zeigler 15579 Catamaran Court Dumfries, VA 22025-1248 B : w L�� Y J. Olsen squire Attorney ID No. 92858 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717)540-4332