HomeMy WebLinkAbout10-31-14 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 I
Name: Denise A. Gebhard File No:
a/k/a: (Assigned by Register)
a/k1a:
a/k/a: Social Security No:
Date of Death: 10/6/2014 Age at death: 52
Decedent was domiciled at death in Cumberland - County, PA (State) with his/her last
principal residence at 314 Lancaster Ave East Pennsboro tWD Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 314 Lancaster Ave Enola, East Pennsboro twp 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 $ _2.500.00
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Valueof real estate in Pennsylvania.............................................................. $
TOTAL ESTIMATED VALUE.... 2,500.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County
W A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Execut6r(s)named in the last Will of the Decedent,dated 2L1 5]200$_ and Codicil(s)
thereto dated
State relevant circumstances(ag.renunciation,death of executor,etc.)
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 born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
M NO EXCEPTIONS Q EXCEPTIONS
Ll B. Petition for Grant of Letters of Administration(If applicable)
c.1.a.,d.b.n.,d b.n.c.t,a.,pendente lite,durante absentia,durante minorilate
,If Administration,atm or d.b.n.c.l.a.,enter date of Will in Section A above and complete list of heirs.
r\l
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce haiBeen establishers defined;:a
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. C fTt
rTJ
a.>
Ll NO EXCEPTIONS L3 EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followiq sppuse-(if anylpd h&A perch
additional sheets,if necessary): C77
Name Relationship Address
CEJ
Form RW-02 rev.1011112011 Page I of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA ECORDED c)FFICE OF
%*flt LS
COUNTY OF CUMBERLAND REGIS
Petitioner(s)Printed Name Petitioner(s)Printed Address
314 Lancaster;
Daniel T. Gebhard Enola AveL t i PA 17025
r
OIRPHAN' ro
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,I as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to c affirmed an fll;ed before Date ,",I
lie da, of
I Is y2014 Date
By:F)h-10 — Date
For the Register Date
BOND Required: U YES U NO To the Register of Frills:
FEES: Please enter my appearance by my signature below:
Letters........ ...... ......... $ ___ 30.00 Attorney Signature:
(4 Short Certificates(s) ...... 20.00
Renunciation(s). ...... ... &4
Codicil(s) ..............
Affidavit(s). . ... ........ I
Print#dName: eline A Kelly
Name: -agq1L
Bond ......................... pg� ft
Commission . ........... . . . ... .. Supreme Court 1973
Other Will ...... .... 15.00 ID Number: 9-
ITR/Inventory........ .11, __30.00 Firm Name: Jan L Brown &Associates
.. . . . . .. Address: 845 Sir Thomas Court Suite 12
....... .. . Harrisburg_ PA 17109
............. Phone: 717-541-5550
......... Fax: 717-541-9223
Automation Fee ............... . . 5.00 Email- japAile@janbrownlaw.com
JCS Fee .... ......... ....... ... 35.50
TOTAL......................$ 135.50
DECREE OF THE REGISTER
Estate of Denise A. Gebhard File No:
a/k/a:
AND NOW opin
, _0 Aon A( ,-9 � ____I in considl�r ion of the fore: Petition,
satisfactory proof having been presented before me,IT 1$ ECREED that Lette
are hereby granted to
V
in the above estate and(if applicable)that
the instrument(s)dated
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
dReg i��ro Wills
Form RW-02 rev,10/1112011C 2 of 2
_
i
' I
Last Will and Testament C�l
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DENISE A. GEBHARD
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I, DENISE A. GEBHARD, of CUMBERLAND County, Pennsylvania, n cCo .
do make, publish and declare this to be my Last Will and Testament, hereby
revoking all Wills and Codicils by me heretofore made.
ITEM I: Family Information. I am married to
DANIEL T. GEBHARD, and all references to my husband in this Will are to him. I
have three.children: DERRICK J. GEBHARD (Born November 23, 1981); DANE A.
GEBHARD (Born February 17, 1987); and, DILLON C. GEBHARD (Born February
4, 1992). These and any other children born to or adopted by my husband and me
are described in this Will as "my children," or as "a child of mine." Any person born
to or adopted by issue of mine is to be included as issue of mine. Provided, however,
no adopted person shall benefit under this Will unless the order or decree of
adoption is entered before the adopted person attains the age of twenty-one (21)
years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
Page 1 a
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
ITEM IV: Tangible Personal Property.
(a) Written List. I may leave a written list in my safe deposit box
or elsewhere disposing of certain items of my tangible personal property. The
Executor shall dispose of items of my personal property as specified in the
written list. If no written list is found in my safe deposit box or elsewhere
and properly identified by the Executor within thirty (30) days after the
probate of my Will, it shall be presumed that there is no other statement or
list. Any subsequently discovered list shall be ignored.
(b) If Husband Survives. If my husband survives me, I give
to him all my tangible personal property not set forth in the written
list referenced in paragraph (a), including but not limited to, all of my
household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance
thereon.
(c) If Husband Does Not Survive. If my husband does not survive
me, I give any property of the type described in paragraph (b) and not set
forth in a written list to my children, to be divided between them as they
shall agree. The Executor shall represent any minors in the division of this
property. Should there be no agreement, this property shall be divided
between my children by the Executor in as nearly equal portions as is
deemed practical in the discretion of the Executor, having due regard to their
personal preferences. If the Executor thinks any property to which a minor
child would become entitled is unsuitable for the child's use, the property
shall be sold and the proceeds shall be added to the share of my residuary
Page 2 ��
estate held for the benefit of that child. The Executor may deliver any
property to which a minor is entitled and which is not sold to the person with
whom the child resides or who has the care or control of him or her (without
bond), and the receipt of that person shall be a complete release of the
Executor.
ITEM V: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my husband, DANIEL T.
GEBHARD, if he survives me. If my husband does not survive me, I give the
residue to my children, in equal shares. If any of my children is not living at my
death, the share of my deceased child shall be paid to his or her then living issue,
per stirpes. If I am not survived my any issue, I give the residue of my estate to my
brother, HERBERT D. KRUGER, III, if he is then living. If my brother is not then
living, I give the residue to my niece, ELEANOR C. KRUGER, if she is then living.
If Eleanor is not then living, I give the residue of my estate to my husband's sister,
MARCIA R. FESCHUK.
ITEM VI: Administrative Powers. In addition to the
powers granted at law, the Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor.
(b) Vary Investments. To vary investments and to invest in
bonds, stocks, notes, real estate mortgages or other securities or in
other property, real or personal, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
Page 3
(c) Division of Assets. In order to divide the principal of my
estate or make distributions, the Executor is authorized to distribute
personal property and real property partly or wholly in kind, and to
allocate specific assets among beneficiaries so long as the total market
value of each share is not affected by the division, distribution or
allocation in kind. The Executor is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale any or
all real or personal property severally or in conjunction with other
persons, and to consummate sale(s) by deed(s) or other instrument(s)
to the purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(f) Borrow Money. To borrow money from any person,
including the Executor, to pay indebtedness of mine or of my estate,
expenses of administration or inheritance, legacy, estate and other
taxes, and to assign and pledge assets of my estate.
(g) Pay Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate.
(h) Distributions without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
Page 4
during the administration of my estate, with or without court order, in
such manner and in such amounts as my Executor deems prudent and
appropriate.
(i) Rights as Stockholder. To exercise voting rights with
respect to securities which form a part of my estate, and to exercise all
the powers incident to the ownership of securities.
(j)
Reorganize. To unite with other owners of property
similar to property in my estate to carry out any plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
not limited to the following means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
entitled to take by intestacy, as a donee of an inter vivos transfer, and
as a donee under a third-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, and to make all tax elections
authorized by law.
(m) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor deems appropriate.
However, no allocation to income shall be made if the effect of the
allocation is to cause a reduction in the amount of any estate tax
marital deduction or estate tax charitable deduction.
(n) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor deems appropriate, and to compensate these persons from
Page 5
assets of my estate, without affecting the compensation to which the
Executor is entitled.
(o) Basis Adjustment. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
(q) Other Acts. To do all other acts in the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment'and distribution of the estate.
ITEM VII: Beneficiaries Under Age 25. If a beneficiary
under the age of twenty-five (25) years is entitled to receive assets under this Will,
the person who served as Executor of my estate shall retain those assets as
Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors
Act. The Custodian may receive and administer all assets authorized by law, and
shall have full authority as provided in the Pennsylvania Uniform Transfers to
Minors Act to use assets in the manner the Custodian deems advisable for the best
interests of the beneficiary. I also designate the person who served as Executor of
my estate as successor Custodian of any property for which I am custodian under
any Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.
Page 6 'U, "
ITEM VIII: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have predeceased me.
ITEM IX: Guardian of the Person. If I survive my
husband, I appoint my son, DERRICK J. GEBHARD, to be the Guardian of the
_ person of my minor children. . If Derrick is unable or unwilling to serve (or, to
continue serving) as Guardian of the person, I appoint my son, DANE A.
GEBHARD, to be the Guardian of the person of my minor children.
ITEM X: Executors. I make the following provisions
with respect to Executors:
(a) Primary Executor. I appoint DANIEL T. GEBHARD, to
be the Executor.
(b) Contingent Executor. In the event that my husband is
unable or refuses to serve as Executor, I appoint my son, DANE A.
GEBHARD, to serve as Executor. In that event that Dane is unable or
refuses to serve as Executor, I appoint my brother, HERBERT D.
KRUGER, III, to serve as Executor.
(c) Compensation. The Executor shall have the right to
receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(d) Standard of Care. No Executor shall be liable or
accountable for any loss that may result from the good faith exercise of
the authority granted in this Will.
(e) Security. The Executor is specifically relieved from the
duty of filing bond or entering security.
Page 7
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding seven (7) pages, at
the end of each page of which I have also set my initials for greater security and
better identification this day of February, 2008.
(SEAL)
DENISE A. GEBHARD
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last
Will and Testament, in the presence of us, who, at her request and in her presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testatrix was of sound and disposing mind and memory.
&4z;6t_(SEAL) Residing aX
(SEAL) Residing at 116Y A e-SbV16 S�
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
I, DENISE A. GEBHARD, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed the instrument as my Last Will and
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
(SEAL)
DENISE A. GEBHARD
Sworn to and subscribed before
me this 1.! .day of FLA,,-�
, 2008.
Notary Public
My Commission Expires:
(SEAL)
C,OMMOtMFAt.T"p� F P&MS]j AVIA
NOTARIAL SEAL
CYNTHIA J.RULE.Notary Public
Lsmoyne8oro.,Cumbedand Coun
Commission_Ires Febru . 3,2%t2
e
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
We, and lePliki gffiAl ,
the Witnesses whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, do depose and say that we were present and
saw Testatrix, DENISE A. GEBHARD, sign and execute the instrument as her Last
Will and Testament; that Testatrix signed willingly and that she executed said Will
as her free and voluntary act for the purposes therein expressed; that each of us in
the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the
best of our knowledge the Testatrix was at that time eighteen (18) or more years of
age, of sound mind and under no constraint or undue influence.
Witness 4itness
Sworn to and subscribed before
me this G,5-ft- day of FL,
, 2008.
i Notary Public
My Commission Expires:
(SEAL)
COMMOHV11EA1.7#i OF_pENNSYLVANIA
-- - ------ -
NOTARIAL SEAL
CYNTHIA J.RULE,Notary Public,
Lemoyne Soro.,Cumberland County
My Commission Expires Febmkr 3,2012