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HomeMy WebLinkAbout07-09-14 ___ _ IN RE: ESTATE OF EDWARD L. ZEIGLER : ORPHANS' COURT DIVISION Deceased : REGISTER OF WILLS : CUMBERLAND COUN�, �j-= � : PENNSYLVANIA C� =��== -.,.; �`_�-� � . �r s-- , ��, .-, i -� �� F ;� - : NO. 21-14- C�(�i�� ���: r t � � rj ,�v � ` : c,-��. - �,e� , � ' �,; PETITION TO PROBATE PHOTOCOPY OF THE `�`� T ' = � � , LAST WILL AND TESTAMENT OF EDWARD L. ZEIGL�� " '�� fi� c,a `"�_�? i AND FOR GRANT OF LETTERS rt-�'' � NOW COMES Petitioner, Michael L. Zeigler ("Petitioner"), by and through his attorney, Linda J. Olsen, Esquire, and files the within Petition to Probate Photocopy of the Last Will and Testament of Edward L. Zeigler and for Grant of Letters. In support of this Petition, Petitioner avers as follows: 1. Petitioner, Michael L. 'Leigler, is an adult individual residing at 312 North 2na Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Decedent is Edward L. Zeigler("Decedent"), who was born on August 2, 1925. 3. Petitioner is the son of Decedent. 4. Decedent died on May 25, 2014. A copy of Decedent's death certificate is attached hereto as Exhibit"A." 5. At the time of his death, Decedent was domiciled in Cumberland County, Pennsylvania, with his last principal residence at 1100 Grandon Way, Mechanicsburg, Pennsylvania 17050. 6. Decedent was widowed. 7. On November 11, 2002, Decedent executed a Last Will and Testament ("Will"), a copy of which is attached hereto as Exhibit"B." � _ _ _ __ _ _ _ 8. The Will was prepared by Thomas J. Ahrens, Esquire, then of Mechanicsburg, Pennsylvania. 9. Witnesses to the Decedent's Will dated November 11, 2002 were Thomas J. Ahrens and Ashley J. Pisanick. 10. The Will contains a self-proving affidavit which was notarized by Judd M. Ahrens,Notary Public. 11. The Will names Decedent's son, Michael L. Zeigler, as Executor. 12. 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 it cannot be found. 13. At some point after the execution of the Will, the original was apparently lost by Decedent. 14. Pursuant to the Last Will and Testament of Edward L. Zeigler, the estate is to be distributed two-thirds to Decedent's son Michael L. Zeigler, and one-third to Decedent's son Randy E. Zeigler,per stirpes. 15. Decedent's son Randy E. Zeigler predeceased Decedent in 2011. 16. Decedent's surviving heirs are his son Michael L. Zeigler and his granddaughter, Hannah Zeigler. 17. Hannah Zeigler is the daughter of Randy E. Zeigler, and she is entitled to receive her deceased father's one-third share of the Estate of Edward L. Zeigler. 18. There is only one probate asset of the estate, a bank account at PNC Bank, having a value of approximately$17,000. 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, the Executor named in the Will of Decedent. Respectfully submitted, Hazen Elder Law Date: 7 � ��/ BY� Linda J. Olsen, uire Attorney ID No. 92858 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717)540-4332 lolsen�a hazenelderlaw.com Attorney for Petitioner EXHIBIT "A" LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is iliegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 ����,,,,���������----.. This is to certify that the information here given p�TH Of pE-. ,,n'��, y,y� correctly copied from an original Certificate of Dea `��`'�� _ _- G1 duly filed with me as Local Registrar. The origir ;g � � -� �_� z� certificate will be forwarded to the State Vi� �°-� �. n; Records Office for permanent filing. . P 20735 �. 24 ` ���'99l L�tc,Q'~��''` ' � 9 Certification Number '--.MfNT�OE,,,n�D'� '`- ' ' � Local egistrar Date Issue�c -- Type/Print In COMMONWEALTH OF PENNSYLVANIA•DEPARTMENT OF HEALTM•VITAL RECORDS Pei cklnkf CERTIFICATE OF DEATH State File Number. 1.DecetlenYZ l.egal Name(First,Middle,Last,Suffix) 2.Sex 3.Soclal Securley Number 4.Date of Oeath(MO/Day/Yr)(Spell Mo) Edward L. Zeigler Male 201-15-8912 May 25, 2014 5�.AQe-Lest BiKhtlay(Yrs) Sb.U�der 1 Y�ar Sc.Under 1 Da B.Date of BiKh(MO/Day/Year)(Spall Month) )a.Birthplace(City and 5<ata or ForelQn Country) Monchs oays r�ours Nt�n�c�s Wast Fairvi�w Panna lvanla 88 August 2� 1925 �b.strehplace(county) �� Cumberland 8a.Residence(Staie or ForciQn Country) 8b.Rezidence(Street antl Numbe�-Include Apt No.) 8c.Ditl Oecedeni Live in a 7ownship7 P¢n[18 1V8n1H O Vas,deceden�Nved in �P. sa.Resitience(couniy) 1100 Grandon Way � CUIObGrl8nd Se.Residenee(Zip Code) 17050 � �NO,qecetlent Iived within Iimits of MeCh8LliCebUr¢ eiry/baro. 9.Ever in US A�med ForcesT 10.Marlt�l StaCVS at Time of DeatM1 Married Wtdowe il.Surviving Spouse's Name(If wife,Qive neme prior to flrs�msrriage) �"Yes � No 0 Unk�own 0 OWorcetl �Naver Marrled �Urvknow � 12.FaSher's Name(First,Midtlle,Last,S�ffix) 13.Mother's Name Prbr to Fint Marriage(Fl�st,MltlCle,Las�) .Iohn Zeigler Iva Casael 34a.Informanc's Name 14b.RelaNOnshlp to Decetlant 14c.Informani's Mailinp Addrezs(Street and Number,City,S�afe,Zip CoAe) � Mr. Mlchael Zeigler Son 312 N. 2nd Street, Wormleysburg� P¢nnsylvania 17043 �' - - - -- -- - ---- - . ace _at� e_ec �ni.one - -- - - -- -- - - - c If Death Occurred In x Hospifal: ❑ Inpetlent �If Desih Otcu�fetl Somewitere0iherThan s HospiSel: �Hoaplce Fadlity b DecedenYS Home � Eme.�ge.ncy Room/OUtpaHent � Deatl on Arrival �Nursing Homs(Long-Te�m Gra Faellity O Oeher(SpecHy) � 15b.Facllfiy N�ms(If�oi Inrtitution,Siv�str��e and numb�r) 115c.C��y pr Town,S��te,�na Zip COtle � i5tl.Covnty�sf��a<h Emerltus at Creelcview Mechanicsbur Penns lvania 17050 Cumberland y 16a.Meth d of DispoSlHOn O Burial �.CremaNOn 166.D te of�bisposlNOn�� 16c.Plsce of Dlspositlon(Name of cemeiery,cremstory,or Other place) � Q Rem wl from State �Donaiion 5��o��.a..oiy � y .. Y . p.ocner(5 eafy) Cremation Societ of Penns lvania 2 16d.LnCiTIOn�f Dispositlo�(Gty or TOwn,5[ate,and 2Ip) i7a, i aTUre O . �al Servi liCens r Person in Charge ot IntMment 17b.LICCnse N.umber � Harrisburg� Pennaylvania 17109 FD-138940' E 17c.Name and Complete Addross of Funeral Facility � 8 Auer Cramation Services of Penna lvania lnc. � 4100 Joneatown Road Harr b�r Penns lvania 17109 � 38.DacedenYs Edupilon-Check th�box fhat best describes the 19.Deeedent of Hispanic OrlQln-Check the 20.Dacadenc's R�ce-Check ONE OR MORE reces to Indicate what highest tlegrce or level of school completetl et the Nme of death. box H�at best deserlbes whether the tlecetleni the tlecetlenc consltlersd himzelf or herself to be. �- 0 Hin grada or less is Spanish/HlsDanlc/latlno.Cheek tlie"NO" �White 0 Korcan � No diploma,9ih-12th aratle box if d�eedent is noi Sps�ish/Hispanlc/LaNno. �Black or AfACan American O Vletnamese � MI{h school graduate or GEO completetl QQ No,not Spanlsh/Hlapanit/Latlno O Amerlcan Indien or Alaska Native 0 O[her Aslan O �m�college c�edit,bu(no degree �Yes,Mexicsn,Mexican American,Chiwno O Aslan Intlia� � O Nafive Hawatian � AssoUate degree(e.g.AA,AS) �Ves,Puerto Rican 0 Chinese � Guamanlan or Chamorro � Be<helor'z deQree(e.g.BA,AB,BS) �Ycs,Cuban � Fllipino � Samoan � Master's tlegree(e.g.MA,M5,MEng,MEd,MSW,MBA) �Yes,other Spanish/NlSpanic/Latino O�apan<Se � b[her Padfic Islander � Doctorate(e.Q.PhD,EdD)Or Professional degree (SPe��{y) �Other(Specify) .MD ODS DVM LlB/D 31.oecetlent's Singla Race Self-Designation-Check ONLY ONE to fndicace what the deeedenc considered himzalf or ha�ssN to be. 22a.Decedeni's Usval Occupatlon-I�tllcate type oi work �White �Japaneae � Samoan done tluring most of working Iife. DO NOT USE RETIRED. O B�eck or African AmeACan 0 Korean � Other Paciflc Islander M0Ch8n1C � O American Intllan or Alaska NatNe �Vietnamese 0 Don't Know/NOt Sure �Aslan Indian �Other Asian � Refused- 22b.Kind of B�sineas/Industry � �Chinese � NaHVe Hawallan � O[her(Speelfy) � Filipino O �uamantanorchamorro Air Force & Army Depots ITEMS 28a-23d MUST BE COMPlETEO 23a.Dete G o ced� Mo Day/YF 23b�.Signature of Perso'n Pronouncing Death Only when applica le) 23e.Licmze Number BV PERSON WHO PRONOUNCES OR Of-�- ��--� "'� Q`� � R!�Z(u V� ' CERTIFIES DEATH �� . 23d.Da[e.� igr�ed(MOf�a/Vr 24.Tlme of Oeath � � 5 � .�1� �� � 25.Was Medical Exa'm.iner or Corone�Contacted7 O Ves No ' � CAUSE OF DEATH � App�oximate 26.PaR 1. Enter the chain of�ents--tliseases,Injuriez,or complicatlons-ihat tlirettly cauzetllhe death. DO NOT enter terminal e ents such as cartliac arrczt, � ��«rya�� respf�aSOry arrest,or ventriwlar Flbrillatio/n w�ithoui showing th�etioloQy. 00 NOT ABBREVIATE. Enfe�only one cause o�a Ilne. Add addlHOnal Ilnas if necesaary. 1 Onset to Death IMMEDIATE CAUSE '"""""-"'> a. /'7 L Z/Y-'G / !�7? C�Z n"� `� ! S�!/�-'CT_�; � (Flnal disNZe or condition oue[o(or aa e conseque�ce on: � resulting�n tleaeh) i b. i Sequentially Iizt conditlons, � D�e[o(or aa a�consequence of): 1 If any,leading to ihe c�ause � lisfed on Iine a. Enter the UNOERLYING CAUSE Due to(or as a conzequ'ence oFl�� � � g (tlisease or injury that . - � . - , � � inlSlated thq wf�ts resulting d. � � in deach)LAST. Due to(or as a conaeq�ence of): � � 26.Part 11. Enfer other n ri but not rGSUlting I�n the untletlying cause given in Part I. 27.Was an autop5y perfotmed7 - O Yes g � 28.W�e�e auTOpsy fintlings avallable m � to.complete the cau of death? � O Yes No �29-If Fert+ale: 30.Oitl Tobacco Use Contribute[o Death7 31.Manner of DeaSh � � � Not pregnant withln past year Vez � Probably �Naturai � Homlcide p aregnant attime of d�ath �NO � Unknown 0 Accltlent � Pending InvestigaHOn � Q Not pregnant,but preQnant within 42 days of tleaih Q Suicide � Coultl noi be tletermined � Not pregnant,bui pregnani 43 tley5 io 1 year before tleath 32.Date of InJury(MO/Day/Yf)(Spell Monih) �y � Vnknown H prognant wlihin the pesc year 33.Time of InJury \Y 34.Place of Injury(e.g.home;tonstruetion site;farm;schooi) 35.Location of In)ury(Street and Numbe�,City,Couniy,State,Zip Cotle) � 36.Injury at Work 37.If TranspoRaflon InJury,Specify: 38.Describe How InJury OcNtred: O Yes O Oriver/Operator O PetlestNan � No Q Paasanger � Other(Sp�cify) 39�.SertiFer-phyziclan,certifled nurse proctlHOner,metlical examiner/coroner(Check only one): �d�CertHying only-To the best of my knowledge,death occurreC due to the csuse(s)and mann r staied. Q Vronouncing 8.Certlfying-To the bezt of my knowletlge,tleath occurred at ih<Hme,dafe,antl place,and Gue to the ea�se(z)and manner scatad. � � Medical Examiner/COroner-On the besis of�xaminaNO�'1 antl/or Investlgatlon,In my opinion,tlesth occurretl at the tlme,date,and place,and due to th ()and manner stated. � SlgnaCU�a of certlflan b��'�y�J�- 1N1� Tifle Of certifien Ucense Numbl�:/�j d 7 �2 J"P)N 396.Name,Address end ZIp�COde pf Person CompleHng Ceuse o7 Death(Itetn 26) � � 39c.Oate Sia d(MO/ y/Yr) 's� c. c S �F Y c� / � ol Gr.0 o�.9-�is ��� � 40.Reglstrar s OIStMCt Number 91.ReQlztraPs Slgnaturt 42.Registrar lie Dat (Mo Day. � 43.Amendmants � � � � 2 ��'����^ MSOS-143 UispOSiHOn Permit No. �"7 REV 07/2012 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 iiriposed, 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�rincipal 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 of 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 af 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 singular 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 ! I t� day of November, 2002 � - � Edward L. Zeigler %l� Thomas J. hrens As ley J. i nick ACKNOWLEDGEMENT 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 �� � / Witness, Thom J. Ahrens �ati�� Witness, J. Pisanick NOTARIAL SEAL 1UDD M.AHRENS,NOTAR1f PIfBLIC MECNANICSBUR6 BORO.,CUMBERLAND C0. ? MY COMMISSION IXPIRES MAY 23 2005 otary Public IN RE: ESTATE OF EDWARD L. ZEIGLER, : ORPHANS' COURT DIVISION Deceased : REGISTER OF WILLS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : 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 to Probate Photocopy of the Last Will and Testament of Edward L. Zeigler and for Grant of Letters 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 By: Lind J. Olsen squire Attorney ID No. 92858 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717) 540-4332