HomeMy WebLinkAbout07-31-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF C-c ixb, rla-4 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 1))� Z L
1 �7
Name: a app � MoCifG(I Y t File No: ZI ^ +^ 1 S
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: rJ- 1%- )4 Age at death:
Decedent was domiciled at death in CAMb s cm'l ( County, P (Stare)with his/her last I
principal residence at I LQ LA) Marinl2 l)1PGlt1atnte5 L&W gOfO CJ mheY�Qt
Street address,Post Office,�and Zip Code���� -� City,Township or orough County �
Decedent died at 1-I4� fA�Y�Vtn�YXJlV7JVV1 Y (LAK-�iSke- C ttibY (1Qr 4yy P( -
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 $
If not domiciled in Pennsy lvania. ......... . ......... .... Personal property in Pennsylvania $
If not domiciled in Pennsy lvania. .......... ......... .... Personal property in County $
Value of real estate in Pennsylvania......... ................................................ $�
TOTAL ESTIMATED VALUE\.^... $
Real estate in Pennsylvania situated at: I& W NVl I,, e 4 � V1lCS°J�rt� VH
(Attach additional sheets,!(necessary.) Street address,Post Office and Zip Code City,Township or ugh County
C r D
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A. Petition for Probate and Grant of Letters Testamen[ary t; -: 'C
-
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated J/—Z(—L 1.c_ a�Codicit(S)c
thereto dated -- I W
State relevant circumstances(e.g.renunciation,death of executor,etc.)
nc= _ _
Except as follows: after the execution of the instmment(s)off ered for probate Decedent did not marry,was not divorced, (-otapartyM1vpen ng
— '�.
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and hot have a cYW bortr6 C' D
adopted,and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
O EXCEPTIONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.ra.,pendente lite,durante absentia,durance 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 tha -t cedent left no Will and was survived by the following spouse(if any)and heirs(ottach
additional sheets, V necessary):
Name Relationship Address
Form RW-02 -cv.1011112011 Page 1 of 2
Oath of Personal Representative official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTYOF --i,lyvv
Petitioner(s)Printed Name Petitioner(s)Printed Address1 -
Z' e lGi L>). v---t-f�lle.f 2 iL - UJId l OS
i
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 ent,the Petitioner(s)will well and tmly administer the estate according to law.
Swore to or-affirmed arxd so scribed¢ �re GGh � Date
the this 61 day of V Date
By Date
For the Register Date
BOND Required:[—]YES ®NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . .. . . . . . . . $ 0 Attorney Signature:
( 'L) Short Certificate(s).. . . . . I (�
( ) Renunciation(s).. . . . . . . .
( ) Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
T
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: �0
Commission. . . . . . . . . . . . . . . . . . Supreme Court j-n
Other wit . . . . . . . . ID Number:
r L3
W1V?_KJP�Y1 wU i . . . . . . . . 1
�nh. Yztt� S Firm Name: Off; O
. . . . . . . . Address:
. . . . . . 7_7 .f O
. . . . . . Phone:
Automation Fee. . . . . . . . . . . . . . . �'J Fax:
JCS Fee. . . . . . . . . . . . .. . . . . . . . 33.SO Fnnail:
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 3c13.So
/ �'^ }� DECREE OF THE REGISTER
Estate of �� f 11 IC 1 y 1 File No: Z� I L[ ^7+S
a/k/a: `
AND NOW, J� LLLJ , in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS D REED that Letters 1Z�fY1 ^1_� 1
are hereby granted to
in the above estate and(if applicable) that
the instrument(s) dated Z
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent.
LJ
® islet of Wiy s s--r t v T _
Fc„»RW-02 re,-. 1011112011 age 2 of 2
uFRCE OF
'0LASTHWILL IL) TESTAMENT
ORPHAN'S DOUR; ®�
CUM$ERLMD CO., PA
KENNETH KURTZ
I, Kenneth Kurtz, presently residing in Mechanicsburg, Cumberland County,
Commonwealth of Pennsylvania, hereby declare this to be my Last Will and
Testament, revoking any and all other Wills and Codicils that I previously may
have executed.
SECTION I: DEFINITIONS AND APPOINTMENT OF FIDUCIARIES.
The definitions and designations set forth in this Section 1 shall apply in
connection with the administration of my estate and the construction of this Will.
1.01. For purposes hereof, the term "Fiduciary" and/or "Fiduciaries,"
however expressed, shall refer to my Personal Representative(s) and/or my
Trustee(s) who may be serving at any time. Where powers or discretion are
conferred upon the fiduciaries, such powers or discretions shall be exercised by the
Personal Representative(s) as such, or the Trustee(s) as such, as the case may be, in
their respective capacities and not by their joint action.
1.02. I am presently widowed. I have three (3) children: James Kurtz, David
Kurtz and Kathi Ziegler.
1.03. For reasons known to me and my children, I hereby am excluding
James Kurtz and David Kurtz as beneficiaries under this Will.
1.04. I designate and appoint my daughter, Kathi Ziegler, to serve as my
Personal Representative. The term Personal Representative shall be construed as
meaning the same as Executor/Executrix.
1.05. I hereby excuse those persons named in or appointed pursuant to this
Will as Personal Representatives and Trustees from the necessity of posting any
bond or other security for the faithful performance of their respective duties.
SECTION 2: FUNERAL EXPENSE.
2.01. I direct my Personal Representative to pay the expenses of my funeral
(including, if no provisions therefor shall have been made during my lifetime, the
costs of a cemetery plot and headstone and markers for my grave), in such amount
as my Personal Representative may deem proper, without the necessity of obtaining
the approval of any court having jurisdiction over the administration of my estate
and without regard to any applicable statutory limitation.
SECTION 3: DEBTS.
3.01. I direct my Personal Representative to pay all debts and claims which
are legally enforceable against me, except that all mortgages, liens and other
encumbrances on property owned by me at the time of my death shall be a charge
on the property so encumbered, and my estate shall not be liable for any such
indebtedness.
SECTION 4: DISPOSITION OF TANGIBLE PERSONAL PROPERTY.
4.01. I give the balance of my personal and household effects, automobiles
and other tangible personal property to Kathi Ziegler, per stirpes. My Personal
Representative shall divide such property in shares as nearly equal in value as
practicable and by such method as my Personal Representative may deem equitable.
To the extent possible, my Personal Representative shall make such division and
distribution to said children in accordance with their wishes, but if my children do
not agree, my personal property shall be divided by lot. The decision of my Personal
Representative with respect to the division of such property, when made, shall be
final and binding upon all distributees. My Personal Representative shall be
authorized to sell or convert any of said property if my Personal Representative
deems it practical with the proceeds thereof to become part of my residuary estate.
4.02. If, prior to my death, I shall have left with my Personal Representative,
with this Will or among my important personal papers, instructions indicating I
would like any specified articles of my tangible personal property that any legatee
may inherit under this Section 4 to pass to any designated individual or individuals,
2
it is my hope and expectation that such instructions be carried out, and without
intending to impose any trust or legal obligations upon such legatee or Personal
Representative to do so, I am confident that said wishes would be followed.
SECTION 5: PAYMENT OF TAXES.
5.01. All federal, state and other death taxes payable on the property
forming my gross estate for those purposes, whether or not it passes under this Will,
or whether it passes by reason of joint ownership thereof, such as certificates of
deposit, savings bonds, etc., shall be paid out of the principal of my probate estate
just as if they were my debts, and none of those taxes shall be charged against any
beneficiary.
SECTION 6: RESIDUARYESTATE.
6.01. My residuary estate shall consist of(a) all property or interests therein
not otherwise effectively disposed of in this Will, of whatever kind, nature or
description, and wherever located, including any property to which I shall be in any
way entitled at the time of my death, any and all property over which I may have a
power of appointment and any insurance proceeds which may be payable to my
estate, less (b) all valid claims asserted against my estate and all expenses incurred
in administering my estate, including expenses of administering nonprobate assets.
SECTION 7: DISPOSITION OF RESIDUARY ESTATE.
7.01. I hereby give my residuary estate to Kathi Ziegler,per stirpes.
SECTION 8: POWERS OF PERSONAL REPRESENTATIVE.
8.01 My Personal Representative shall serve without bond.
8.02 My Personal Representative shall have all powers and discretions
conferred by Pennsylvania law, and all powers and discretions with respect to my
estate that are set forth or referred to with respect to the Trustee hereunder, to be
exercised without court order.
8.03 My Personal Representative is authorized to execute on my behalf or
on behalf of my estate any tax return which may be filed.
3
8.04 My Personal Representative shall have, in addition to any other power,
the specific powers to invest, reinvest, sell, mortgage or otherwise dispose of any
part or all of my estate, without the necessity of obtaining prior or subsequent court
approval.
8.05 Distributions may be made in cash or in kind in the discretion of my
Personal Representative.
8.06 No Personal Representative shall be personally liable to any
beneficiary or other party interested in my estate or to any third parties, for any
claim against my estate for the diminution in value of estate property resulting
from matters involving hazardous substances, including any reporting of or
response to (i) the contamination of estate property by hazardous substances, or (ii)
violations of any environmental laws related to my estate.
8.07 In making my designation of Personal Representative, I recognize that
said individuals may be placed in a position of potential conflict with other fiducial
responsibilities and representations arising out of their position and/or interest in
assets in which I may have an interest. I hereby direct that the Personal
Representative shall be exonerated from any personal liability arising out of any
decision which they may make or act which they may take in furtherance of the
position to which I have appointed them.
SECTION 9: SPENDTHRIFT PROVISIONS AND FACILITY OF PAYMENTS.
9.01 Except as otherwise specifically provided in other portions of this Will,
my Fiduciaries shall make all payments hereunder directly to the beneficiary
entitled to them and not to any other person. A deposit of funds to the beneficiary's
account in a bank or other financial institution is the equivalent of direct payment
to the beneficiary. No payment may be assigned, anticipated, or encumbered by the
beneficiary; nor may any payment be attached, garnished, or executed upon by any
creditor of the beneficiary.
9.02 My Fiduciaries shall have the further power to make payments of any
income or principal for a beneficiary (i) directly to the beneficiary; u) to the
individual who is, in the judgment of my Fiduciaries, in proper charge of such
person, regardless of whether there is a court order to that effect; (iii) in the case of
a minor, to a custodian for the minor named by my Fiduciaries, to held as a gift
under the Pennsylvania Uniform Transfers to Minors Act, with the custodial
4
arrangement continuing until the beneficiary reaches twenty-one (21) years of age;
or (iv) by paying or applying any part or all thereof for a beneficiary's benefit or on a
beneficiary's behalf; and in every such event payment may be made without any
necessity of obtaining a receipt or the approval of any court, and such payments
made in good faith shall be deemed proper and shall be a complete release and
acquittance of my Fiduciaries therefor.
9.03 My Fiduciaries may make discretionary payments of income or
principal to any person after taking into consideration, or without taking into
consideration, as my Fiduciaries deem appropriate, any other income or financial
resources reasonably available to said beneficiary. All aspects of decisions with
respect to discretionary payments of income and principal shall be made by my
Fiduciaries in their sole and absolute discretion, such that no creditors of any
beneficiary, including any governmental agencies which may furnish services,
payments or benefits to a beneficiary, shall have any claim to any of the income or
principal of my estate or any trust.
SECTION 10: GENDER AND READINGS.
10.01 Any use in this Will of pronouns of the masculine or feminine gender
shall be interpreted as including persons of the female and male sex, where the
sense so requires.
10.02 The headings, titles, and subtitles in this Will have been inserted
solely for convenience, and shall be ignored in its construction.
IN WITNESS WHEREOF, 1 have signed my name to this Last Will and Testament this 0'
day of November,2013.
Kenneth Kurtz
Address: Le W • H Or('b 12
Witness ��C�nAtS1U `J 1`ZbSS
) _ Address:
Witness � laA� G � a�t� !d�.�.
I�edWV?i SbZ4r_n 017"
5'
f-FiCE OF
c - c
I2f4JUL 31 PH 12: 47
ORPHAN6,A'
' TH OF SUBSCRIBING WITNESS(ES)
CUMBERIAND CO., PA
REGISTER OF WILLS
Cu��h2rf COUNTY, PENNSYLVANIA
Estate of J�t.t CTZ Deceased
Kxft'�l Zi ?Qr AM `>n)�n (each) a subscribing witness to
(Print Na:rze/s) t
the O'Gill ❑ Codicil(s) presented herewith, (each)being duly qualified according to law, depose(s) and
say(s) that she/* the was/ ere present and saw the above estator/ estatrix sign the same
and that she/�ije they signed the same and that she/he they signed as a witness at the request of
the Testator Testatrix in he /his presence and in the presence of each other.
(Signature)
(Signature)
i°1 'W_ �oGiJPr Sd - l(_'o v
(Street Address)
y/����p/'��/� �/� �� ��/-/r/�� 1P(-S'tl�reet Address) �a D t
(City,State,Zip) (City,State,Zip- -
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed
ST-
before me this . _. day before me this day
of of ,
l�An�c-
Deputy for Re ister of Wills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date ofexpiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization.
Form RW-03 rev. 10.13.06
R_MTfl`--D OFFir'r OF
REGISTEki OF tWl'L t CERTIFICATE OF
MOFRiLPON GRANT OF LETTERS
PENNSYLVANIA
URPfv �'S ('CURT
PA
No. 2014- 00715 PA No. 21- 14- 0715
Estate Of: KENNETH MORRELL KURTZ
(First,Middle,Last)
Late Of: MECHANICSBURG BOROUGH
CUMBERLAND COUNTY
Deceased
Social Security No:
WHEREAS, on the 31st day of July 2014 an instrument dated
November 4th 2013 was admitted to probate as ,the last will of
KENNETH MORRELL KURTZ
(First,Middle,Last)
late of MECHANICSBURG BOROUGH, CUMBERLAND County,
who died on the 18th day of July 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA 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 TESTAMENTARYto:
KATHI J ZIEGLER
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 31st day of July 2014.
�Q
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Re t ter of Wi is ,
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Oe uty
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)