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HomeMy WebLinkAbout08-04-14 Reset 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 /� /��-7 Name: Richard S. Deitch File No: 1G�° � �J ^ V /�� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: pate of Death: 07/04/2014 Age at death: 80 Decedent was domiciled at death in Cumberland County, pennsylvanhia (srare)with his/her last principal residence at 2200 Newville Road Carlisle Cumberland Street address,Post OfTice and Zip Code City,Tow�ship or Borough County Decedent died at 500 Universitv Drive Hershev Daunhin PA Street nddress,Post Offlce and Z3p Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsyhania..... ....................... All personal property $ 20,000.00 If not domici[ed in Pennsylvania. ....................... Personal property in Pennsylvania $ !f not domiciled in Pennsylvania. ....................... Personal property in County $ I�alue of real estate in Pennsylvania....................... . ............... ................. . $ 4pp,ppp.pp TOTAL ESTIMATED VALUE. ... $ 420.000.00 Real estate in Pennsylvania situated at: 2205 Newville Road Carlisle Cumberland (Attach additional sheeu,if necessary.) Street address,Post OfTice and Zip Code City,Township or Boroug6 County � 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 lanuary 31,2012 and Codicil(s) thereto dated n/a State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the ins�vment(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 comqtete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been establishe�as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. n � �-T �NO EXCEPTIONS Q EXCEPTIONS �C p. ��`� ."C: _ ,-''C.� Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spou��.if�ny)and eR�ti s(att� t� additional sheets,if necessary): =`-,=' r i� ,'?�-t ti:�'_ �' , ; �."� Name Relations6i Address �� � ' `�'' .i�, �� � -:--- �-, D� � � Q .C' 448363 Fo.,,,Rw-oz r�. rniiri2nii Page 1 of 2 � Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Scott E. Deitch 4278 Almond Court Greenwood IN 46143 Susan E. D e 609 Franklin Street,Carlisle,PA 17013 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 nt,th P 'ti e will w Il and ly administer the estate according to law. Sworn to or affirmed and subscribed before � Date me i `�k •day of � ,�_y �, Date By , ; �l'�� Date For the ReRister Date BOND Required: Q YES Q NO To the Register of Wi!!s: FEES: Please enter my appearance by my signature below: Lett'e�rs . . . . . . . . . . . . . . . . . . . . . . $ �. ��� Attorney Signature: ( �(, )Short Certificate(s). . . . . . �(.�.C°(�' ( )Renunciation(s).. . . . . . . . �� ( )Codicil(s). . . . . . . . . . . . . ���� $� ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Glenn R.Davis Commission. . . . . . . . . . . . . . . . . . Supreme Court ther . . . . . . . ID Number: 31040 � . . . . . . . . �'�,�.C�� � ' . . . . . . . . (�� Firm Name: Latsha Davis&McKenna,P.C. �� . . . . . . . . ���`L�� Address: 1700 Bent Creek Boulevard Suite 140 • • • • • • • • Mechanicsburg,PA 17050 . . . . . . Phone: 717-620-2424 �p � - � . . .... �7 Automation Fee. . . . . . . . . . . . . . . ' `� SZ Fax: 717-620-2444 C7Q � °' :-� ,. __, _ , i, � r.r _� JCS Fee. . . . . . . . . . . . . . . . . . . . . , , Email: gdavi� ld�law_cnm �i -.,y �.'; TOTAL. . . . . . . . . . . . . . . . . . . . . $ . '��=-'. �.,. ,�.j .�' -- �� :.., .: e�c� �. =; DECREE OF THE REGISTER -� "� Oc. F - �-, _.__ � , � � �:� :� Estate of Richard S. Deitch File No: /�l "/�—�� 7-� - `��; a/k/a: AND NOW, ��� l'� ' , �l� , in consideration of the foregoing Petition, satisfactory proof having been r, sented b re me,IT IS DECR ED that Letters are hereby granted to s�c(��� �'� �' Q� .S(, ) +� in the above estate and(if applicable)that the instrument(s)dated n L'2 I' ��' described in the Petition be admitted to pr te and iled of record as the last Will (and Codicil(s)) of Decedent. D �'. . �J� egister of Wills �� � �/�� �� , � �_ ��,�'�-r, Form RW-O2 rev. l0/l!/20l l �e 2 of 2 - , . _ _ .�,� �� .,� w��_�. ., � �� ��,�..�.�,. ,.�.p.�,�..- �- �. r ._. ��_ � r..1 I r�� � �i n .e°- �� TT ' �� � `��''j i „-_'x3 � `:r,' :LJ W'p�-_, G'� Ct" - 1 rn-,-� �.. � LAST WILL �� '- , � r �- � _ , �,� ; �- ::� C� ei>, ��:� � �-� 1 Tf OF �, _> " �: :. ,=-; ���� � ,:� :� --, `-�� � RICHARD S. DEITCH v '-' �r" �.: I, RICHARD S. DEITCH, presently of 2200 Newville Road, Carlisle, Cumberland County, Pennsylvania, do hereby declare this to be my Last Will, and do hereby revoke all prior Wills and Codicils heretofore made by me. 1. I hereby give and bequeath to my wife, ANNIE R. DEITCH (hereinafter referred to as "my wife"), if she survives me, my entire interest in and to any and all furniture, pianos, antiques, clothing,jewelry, pictures, statuary, works of art, silver, plate, ornaments, bric-a-brac, tapestry, household goods, utensils and supplies, books, linen, china, glass, automobiles, plants, implements, and tools that may be in, at or about our home at the time of my death, and all of my other tangible personal property, together with all policies of insurance thereon. If my wife does not survive me, all of the property above described in this Paragraph 1, I hereby give and bequeath to my children, SUSAN E. DYE and SCOTT E. DEITCH (hereinafter collectively referred to as "my children" and individually as "my child") who survive me at the time of my death, to be divided between them in equal shares; should a surviving child of mine be under twenty-one (21) years of age, then I direct my executrix to retain or sell such tangible personal property as she may determine in her sole discretion and the net proceeds therefrom shall be added to my � � 1 �� 108838v1 _ residuary estate. If my children cannot agree upon a distribution of said property, then I direct my executor to sell said property and distribute the net sale proceeds as part of my residuary estate. In the event that I am not survived at my death by my wife or my children, then all of the property which they would have taken under this Paragraph 1 had they survived me shall pass as part of my residuary estate hereunder. 2. I give $10,000.00 to each of my grandchildren, Stephanie Nericcio, Rebecca Stets, Zachary Deitch, and Emily Deitch. Furthermore, I give $5,000.00 to my great- grandchild, Evelyn Viola Nericcio and $5,000.00 to any great-grandchild who may be born prior to my death. I also give $3,000.00 to St. Matthew's Lutheran Church of Plainfield, Pennsylvania. 3. If my wife survives me at my death, I hereby give, bequeath and devise to her all of the rest, residue and remainder of my property and estate, of whatsoever nature and wheresoever situate, together with all policies of insurance thereon. 4. If my wife does not survive me and subject to the other provisions of this Paragraph 4, then my said residuary estate shall be divided and distributed equally between my children who may survive me at my death. Should any of my children predecease me, then such predeceased child's share shall be divided and distributed equally among or between those of my child's children who may survive me at my death; should such predeceased child of mine leave no children of her or his own <' _ '� 2 v/� � � 108838v1 surviving me, such predeceased child's share of my said residuary estate shall pass to my other surviving child, or their children, as hereinbefore provided. 5. In the event that my wife and I die simultaneously or under such circumstances that it cannot be established which of us died first, my wife shall be deemed to have predeceased me for all purposes under this Will. 6. Should any beneficiary under this Will die within ninety (90) days after the date of my death, he or she shall be deemed to have predeceased me for all purposes under this Will. 7. Gifts of specific items of property mentioned in this Will or any specific writing that is binding upon my Executor shall fail to the extent that I, or any duly authorized agent of mine, dispose of such property prior to my death. My Executor shall not substitute cash or any other assets for any such property. 8. No interest of any beneficiary hereunder in either the principal or income of my estate shall be subject or liable in any manner while in the possession of my executor to anticipation, pledge, assignment, sale, transfer, charge or encumbrance, whether voluntary or involuntary, or for any liabilities or obligations of such beneficiary whether arising from his or her death, debts, contracts, torts or engagements of any type. 9. Any property, either of income or principal, which is payable or distributable to a beneficiary under this Will who has not attained the age of twenty- five (25) years, shall be distributed to either the custodian of such beneficiary or to the � 3 ��-,�- 108838v1 legal guardian of any beneficiary to be held for the benefit of such beneficiary pursuant to the provisions of the Pennsylvania Uniform Transfers to Minors Act, or any successor statute, until such beneficiary attains the age of twenty-five (25) years. 10. Except as otherwise required by law, in the administration of my estate or any custodian hereunder, my fiduciary shall have the following powers, which may be exercised without leave of court, in addition to those powers as my fiduciary may have by law: (a) To sell, exchange, grant options upon, or otherwise dispose of any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, at any time held by her, at public or private sale, for cash or upon credit, in such manner, to such persons, and at such price, terms and conditions as they may deem best, and no person dealing with her shall be bound to see to the application of any funds paid to her. (b) To borrow money for the payment of taxes or for any other proper purposes in the administration of the property held by them upon such terms as they may deem advisable, and mortgage, pledge or encumber any real and/or personal property held by them as security therefor. (c) To distribute in cash or in kind, or partly in each, and in shares different in kind from other shares, upon any division or distribution of any property which she holds. ,__ 4 �,'F�_�' (d) To adjust, settle, compromise and arbitrate claims, to renew or extend the time for payment or otherwise modify the terms of any obligation payable to or by my estate, and to abandon any property held by them which is of little or no value. (e) To retain any pay agents, employees, accountants and counsel, including but not limited to legal and investment counsel or advisors,brokers, banks, custodians and other agents, for advice and other professional services, and to delegate to them such duties, rights and powers as my fiduciaries may determine for such time periods as they may deem necessary. ({� To hold assets in bearer form, and to register securities and other assets in their own name or in the name of a nominee with or without indicating the fiduciary character thereof. (g) With respect to any securities held by them, to join and participate in any merger, reorganization, voting trust plan or other concerted action of holders of securities for the deposit of securities under agreements and payment of assessments, to subscribe for stocks and bonds, to give proxies, to grant, obtain or exercise options, and generally exercise all rights and powers of holders securities, and to delegate discretionary duties with respect thereto. (h) To make from time to time partial distributions in varying amounts to the beneficiaries hereunder prior to final settlement and distribution of my estate, and in connection therewith to determine in her discretion the time or �-- �� 5 ��` �__ � 108838v1 times when such partial distributions may require recomputation of said beneficiaries' proportionate interests hereunder for the equitable allocation of income or on account of changing asset values pending final distribution. (i) To receive, collect and recover the interest, rents, profits, proceeds, gains, and other earnings and income of and from the property held by them hereunder. (j) In general, to exercise all powers in the management of the assets and property held by her which any individual could exercise in the management of similar property owned in her own right, upon such terms and conditions as to her may seem best, and to execute and deliver all instruments and to do all acts which they may deem necessary or proper to carry out such management and their duties under this Will. 11. I hereby appoint my wife to serve as executrix of my estate hereunder. Should my wife be unable or unwilling, fail to qualify, or cease to act as such executrix, I hereby appoint my children, Susan E. Dye and Scott E. Deitch, to serve as my co- executors under this Will. My executrix shall not be required in any jurisdiction to file, enter or post any bond or other security for the faithful performance of her duties hereunder, and shall not be liable for the acts, omissions or defaults of any agent appointed by her with due care. 12. I direct that all estate, inheritance, legacy, transfer, succession and death taxes, whatsoever nature or kind and by whatsoever jurisdiction imposed, and all ` 6 ��u 108838v1 interest and penalties that are on, which may be payable or assessed in the consequence of my death, whether or not with respect to the property passing under this Will, shall be paid out of and charged against the principle in my residuary estate in the same manner as are general administration expenses of my estate so that all property subject to such taxes shall pass free and clear thereof, without apportionment of or reimbursement for such taxes, interest or penalties among any beneficiaries, transferees or other persons interested in such property and without any right of any estate or executor to contribution recovery or collection for the same. IN WITNESS WHEREOF, I, the said RICHARD S. DEITCH, hereby set my hand to this my Last Will, typewritten on and consisting of these seven (7) sheets of paper, at the bottom of each of the preceding pages of which I also have placed my initials, on this �� day of 2012. � � ��� RICHARD S. DEITCH , � �� `�- � 7 108838v1 �� On this ��_�j___day of '; t� ���c�_�-�' " , 2012, RICHARD S. DEITCH, declared to us, the undersigned,�t at the af �egoing instrument was his Last Will, and he requested us to act as witnesses to the same and to his signature thereon. He thereupon signed said Will in our presence, we being present at the same time. We now, at his request, in his presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto and have placed our initials at the bottom of each of the preceding pages. By so doing, each of us declares that he or she believes this testator to be of sound mind and memory. � ����� . �i. � - �c�.� ���:i,�� residing at I'������_c'1�1��n� � ���'� I�J� �A ` residing at ^�^��� �,(�� , residing at ��h"'�-r'^^� r� 108838v1 COMMONWEALTH OF PENNSYLVANIA : . SS. COUNTY OF CUMBERLAND . I, RICHARD S. DEITCH, testatrix, whose name is subscribed to the attached foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed such instrument as my Last Will, and that I signed and executed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by RICHARD S., the testatrix, this 3t� day of �n ��/" � , 2012. I ����.,� RICHARD S. DEITCH Notary Pu lic My Commission Expires: VYEALTH f�PE V NOTARIAL S�At. JiLL A.KRAMER,Nowry Public Suver Springs 11nc�.,Cumberieu�d County My Commission Expires Ap�ii 19,2013 ._�._.� 108838v1 COMMONWEALTH OF PENNSYLV*� . COUNTY OF CUMBERLAND � We,� )�I� r �' `���-`i ��� ��c.�n�l�.� �ev c-vt��. �L-"�€�U✓�, Sl9'�t u E� , the witnesses whose names are signed to the attached foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw RICHARD S. DEITCH, the testator, sign and execute such instrument as his Last Will; that such testator signed such instrument 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 such testator signed such Last Will as a subscribing witness thereto; and that to the best of our knowledge, such testator was at that time 18 or more years of age, of sound mind and under no constraints or undue influence. Sworn or affirmed t and subsc ibed before me by._���i� � r� �-�c�;��fe✓" � � �� �, ������ witnesses, this 3 day of 2012. WITNESSES: ,' .� � � �� .,�U,�_ �art_�.��� 7 v. ,� U Notary ublic My Commission Expires: pAqM yyEALT PF NOTARIAL SEAI. JILL A.KRAMER,Note�ry PubM� SIMer Spnngs 1�+P.,Cumbedand CowM�+ ����{�d 19�2013 108838v1 � �-� ,_. ..._ _ C � � ;�-� �� A .�� � c= �,-..•�". ,-n=,_. _._ RENUNCIATION zi��' r- r � `� C7 C_� r.� - — �C-- ::�, —;—; REGISTER OF WILLS � s ---= � �' -D --� � �:_ ;-� Cumberland COUNTY, PENNSYLVANIA D �... `�� Estate of Richard S. Deitch , Deceased I, Annie R. Deitch , in my capacity/relationship as (Prin[NameJ wife of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Susan E. Dye and Scott E. Deitch August , 2014 G�-,�..�,� -��, d���R (Da1e) (Srgnature) 2200 Newville Road (Street Address) Carlisle, PA 17013 (Ciry,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this ���� day party executing this renunciation and certified of , �/ that he or she executed the renunciation for the purposes stated within on this day Y _ ._ ( of , � �- i Deputy for Register f W' 1 Notary Public My Commission Expires: (Signature and Seal of Notary or o[her o�cial qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. l0.13,06 448411 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA h �� No. 2014- 00727 PA No. 21- 94- 0727 Es ta te Of: RICHARD S DEITCH (Firs7,Middle,Las7/ La te Of: WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: WHEREAS, on the 4th day of August 2014 an instrument dated January 31st 2012 was admitted to probate as the last will of RICHARD S DEITCH (first,Middle,Cast) late of WEST PENNSBORO TOWNSH/P, CUMBERLAND County, who died on the 4th day of July 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: SCOTT E DEITCH and SUSAN E DYE who have duly qualified as EXECUTOR(R/XJ and have agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 4th day of August 2014. u� � Q � ' �r �; � C�Ci� , /��.. ., � , _..J � I�_� ��.�'� (L '� � 'F ',l �� �,:.�lJl; � '�_; , � - - C� ,�. Regisier of�ll , !,. ; � �-�� � �� . . � � �_' r ' � �y� �; � ,i.__ _ ~ 'i `�.-_T����,�'_"_. � -� � -�.-�,_� fl Ufy C 7 f.:i � 2� f / r�j t�...i C+C �� ...s' DU ,� ;• **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)