HomeMy WebLinkAbout01-08-15 REGISTER OF WILLS OF
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ESTATE OF DARELENE M. ZIMMER ; �� - � <' j
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PETITION TO ADMIT PHOTOCOPY OF THE LAST WILL � �''
AND TESTAMENT OF DARLENE M. ZIMMER
AND NOW, this�day of January, 2015, comes the Petitioners, Linda J. Paterson of
8 East Red Gold Circle, Camp Hill, PA 17011, Kerry W. Zimmer of 149 Millers Gap Road,
Enola, PA 17025, and Lori A. Zimmer of 3804 Oxbow Drive, Camp Hill, PA 17011,
(hereinafter "Petitioners"), by and through their attorneys, Reager & Adler, PC, and respectfully
avers as follows:
1. Petitioners are all of the children and heirs at law of Darlene M. Zimmer
(hereinafter "Decedent") who died on December 10, 2014, a widow (her death certificate is
attached as Exhibit"A").
2. On April 14, 2014, the Last Will and Testament of Darlene M. Zimmer (the
"Will") was duly executed at VibraLife located at 707 Shepherdstown Road, Mechanicsburg, PA
17055 (a photocopy of which is attached as Exhibit"B").
3. Petitioners, after a diligent search, cannot locate Decedent's original Last Will
and Testament in any of her personal effects or the personal effects of Petitioners.
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4. Petitioners attorneys, Reager & Adler, PC, also reviewed their records and was
unable to locate Decedent's original Will, but had in their file a photocopy of her Will which is
the same Will as attached hereto as Exhibit B.
5. Petitioners have all been shown the photocopy of the Will and believe it to be a
true and correct photocopy of Decedent's Last Will and Testament which to their knowledge and
belief had not been revoked prior to her death.
6. Petitioners, being all of the heirs at law of the Decedent and those persons would
be take in the event Decedent died intestate, desire that the terms and bequests made in the Will
be followed.
7. The Will at Article NINE names Linda J. Paterson as Executor.
8. It is the desire of the Petitioners for the Court to accept the attached photocopy of
the Last Will and Testament of Darlene M. Zimmer for probate and to issue Letters
Testamentary to Linda J. Paterson in accordance with the terms of the Will.
WHEREFORE, Petitioners, Linda J. Paterson, Kerry W. Zimmer and Lori A.
Zimmer, respectfully request that this Honorable Court grant this Petition to Admit Photocopy
of the Last Will and Testament of Darlene M. Zimmer and grant any further relief this Court
deems appropriate.
Respectfully submitted:
REAGER DL , PC
By:
David W. Reage
Attorney ID No. 20868
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Petitioner
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VERIFICATION
I, LINDA J. PATERSON, hereby verify that the statements made in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
'4904, relating to unsworn falsification to authorities.
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Date: January C�, 2015 .�
L NDA J. ' TERSON
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VERIFICATION
I, KERRY W. ZIMMER, hereby verify that the statements made in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
'4904, relating to unsworn falsification to authorities.
Date: January�, 2015 ` � '�v�'
KE Y W. MMER �
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VERIFICATION
I, LORI A. ZIMMER, hereby verify that the statements made in the foregoing document
are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
'4904, relating to unsworn falsification to authorities.
Date: January (�, , 2015 ' �
L RI A. ZIMMER
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April 14,2014
LAST WILL AND TESTAMENT
OF �
DARLENE M. ZIMMER
I, DARLENE M. ZIMMER, of Camp Hill, Cumberland County, Pennsylvania, being of sound
and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will
and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore
made.
1. IDENTIFICATION OF FAMILY. I declare that I have three (3) children whose names are
LINDA J. PATERSON, KERRY W. ZIMMER and LORI A. ZIMMER. As used in this
Will, the term "my children" refers to all of my natural children. As used in this Will, the term
"issue" refers to all lineal descendants of the indicated person of all generations, with the
relationship of parent and child at each generation determined by the definition of
"child/children" set forth in this paragraph.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of(1) a funeral or memorial service; (2) the interment of my remains at Rolling Green
Cemetery beside my husband including the costs of a gravesite, if necessary; and (3) the
installation and inscription of a suitable marker at, and perpetual care of, the gravesite. I further
direct my executor to pay all of my debts that my executor in his or her sole discretion may allow
as claims against my estate.
3. SPECIFIC BEQUESTS. I hereby devise and bequeath the following items of personal
property:
3.1 I specifically devise my personal residence at 3804 Oxbow Drive, Hampden Township,
Camp Hill, Cumberland County, Pennsylvania, to my daughter, LORI A. ZIMMER, of
Camp Hill, Pennsylvania. The share of LORI A. ZIMMER'S residuary estate set forth
in Article 5 below shall be reduced by the value of this bequest as determined by an
appraisal of this real estate at the time of my death. It being my intention that my children
shall be treated equally with regard to the value of my estate. In any case,
notwithstanding the above, my daughter, LORI A. ZIMMER, is to receive no less than
Twenty Thousand Dollars ($20,000.00) as her share of my residuary estate.
3.2 I give the sum of Ten Thousand Dollars ($10,000.00) to my granddaughter, KARISSA
ZIMMER.
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Darlene M. Zimmer
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April 14,2014
3.3 I give the sum of Ten Thousand Dollars ($10,000.00) to my granddaughter, ASHLEY
MACHADO.
3.4 I give the sum of Five Thousand Dollars ($5,000.00) to my great-granddaughter,
MADALYN MACCONNELL; provided that if MADALYN MACCONNELL shall be
under the age of eighteen (18) at the time of my death, these funds shall be managed by
her mother, KARISSA ZIMMER,until she reaches the age of eighteen(18).
4. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible
personal property of every kind and description, including, but not limited to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and effects,
and automotive vehicles and their accessories, but excluding any money, evidences of
indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, in accordance with any signed memorandum which my
executor may find at the time of my death. If no memorandum is found among my personal
effects, or if such memorandum does not wholly dispose of my tangible personal property, I
direct my executor to divide my tangible personal property into two parts. The first part shall
contain all items that my executor determines, to be of no present or future value or use to my
children. The second part shall contain the balance of the property. My executor shall dispose of
the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds of
any sale shall be added to my residuary estate. All property in the second part I give, in
substantially equal shares to my children. The decision of my executor shall be conclusive and
binding on all persons interested in my estate.
Any item of personalty passing to a minor under this Article 4 may be delivered to the minor or
to any person to hold for the minor, as my Executor thinks advisable, and the receipt of any such
persons, including the minor, shall constitute a full and complete discharge to my Executor.
5. DISPOSITION OF RESIDUARY ESTATE. All of the rest, residue and remainder of the
property that I own at the time of my death, both real and personal, and of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the time of my
death (my "residuary estate"), I give and bequeath to my children in equal shares subject to the
adjustment for the specific bequest of my personal residence to my daughter, LORI A.
ZIMMER, as set forth at Article 3.1 above. Also, should I have previously gifted my personal
residence to LORI A. ZIMMER, her share of this residuary estate shall be adjusted accordingly.
PROVIDED THAT in the event any of my children is not living on the sixtieth (60) day after the
date of my death, I leave his or her share to that child's living issue, per stirpes. If a child dies
without any issue,the child's share shall be distributed to my surviving children.
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Darlene M. Zimmer
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April 14,2014
6. POWERS OF ADMINISTRATION.
6.1 Grant of Powers. My executor, in the administration of my estate (my "fiduciaries")
shall have the powers and authorities set forth in this Article 6. These powers and
authorities may be exercised by my executor in their sole and absolute discretion,without
the permission or order of any court. These powers shall be supplementary to those
conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of
the Pennsylvania Consolidated Statutes.
6.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate or trust, however received and acquired, for so long as they deem appropriate.
This power may be exercised even though the property may not be of the type authorized
by law for investment, and even though the retention may leave a disproportionately large
amount of the value of my estate invested in one type of property.
6.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may
own at the time of my death, or that may come into my estate or into the trust corpus at or
after my death. The sale, transfer, or conveyance may be by public or private sale, at such
time, on such terms and conditions, including selling price and credit, in such manner,
and for any reason that my fiduciaries deem appropriate, including, but not limited to, the
purpose of obtaining net proceeds to be distributed to my residuary beneficiaries.
6.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in
my estate or in the trust corpus in preferred and common stocks, bonds, notes, common
trust funds (including any managed by any corporate fiduciary), interests in investments,
trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in
any property and in proportions of property as my fiduciaries deem advisable, even
though the investments are not of the character or proportions authorized by applicable
law for the investment of the funds.
6.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate or in the trust corpus to secure repayment
of any loan, as well as the power to renew existing loans either as maker or endorser.
6.6 Power to Hold Propertv in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
6.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as
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Darlene M. Zimmer
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April 14,2014
amended, or other applicable law, and to determine which assets shall be sold and which
shall be distributed in kind, without notice to or consent by any beneficiary.
6.8 Distribution to Minors and Persons Under Disabilitv. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a
minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The
distributions or payments shall be made in any one or more of the following ways: (1)
directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses
of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any
custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any
law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any
other person who shall have the care and custody of the person of the beneficiary. There
shall be no duty to see to the application of funds so paid, provided due care was
exercised in the selection of the person to whom the funds were paid, and the receipt of
the person shall be full acquittance of the fiduciaries.
6.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in
which I may have any interest at the time of my death for any period of time, or to
liquidate the business on any terms as they deem appropriate. This power includes, but is
not limited to (1) the power to invest additional sums in any business, even to the extent
that my estate or the trust corpus may be invested largely or entirely in the business,
without liability for any loss resulting from lack of diversification; (2) the power to act as
or to select other persons to act as directors, officers, or employees of any business, to be
compensated without regard to being a fiduciary under this Will; and (3) the power to
make any other arrangements in regard to any business as my fiduciaries shall deem
proper.
6.10 Emnlovment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of services as
my fiduciaries deem advisable in the administration of my estate.
6.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate or of the trust without the
approval of any beneficiary or of the court, but subject to allowance or disallowance on
the settlement of the final accounts of my fiduciaries.
6.12 Third Partv Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to
inquire into either the authority of my executor to enter into any transaction or the
expediency or propriety of any transaction entered into by my executor.
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Darlene M. Zimmer
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April 14,2014
6.13 Charitable Donations. In the event that any of my tangible personal property is donated
to a charitable organization(s) then my fiduciary is instructed to use the value of said
donation(s) as an inheritance tax deduction for any inheritance tax return which may be
required to be filed as a consequence of my death.
7. PAYMENT OF DEATH TAXES.
7.1 Pavment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my
residuary estate as a part of the expenses of the administration of the estate.
7.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to t�es assessed on property passing under this Will, shall be paid out
of my residuary estate and shall not be deducted or collected from any beneficiary under
this Will or other transferee.
8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in
determining whether a person has survived me or another person, a person shall not be deemed to
have survived me or another person if he or she dies within thirty (30) days of my death or of the
death of the other person.
9. EXECUTOR. I name, constitute and appoint my daughter, LINDA J. PATERSON, as
Executor of my estate. If LINDA J. PATERSON shall not survive me, shall not serve as
Executor for any reason, or shall cease to serve as executor for any reason after appointment, my
son, KERRY W. ZIMMER, shall act as Executor in her place.
10. LIABILITY OF EXECUTOR. My Executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or enors of judgment, nor for any loss coming to any beneficiary
under this Will, or to any other persons, except through actual fraud or willful misconduct on the
part of the Executor. My Executor may, from time to time, consult with counsel with respect to
the meaning, construction, and operation of this Will or any trusts created hereunder, particularly
with respect to the appointments, allocations, and disbursements, and may act on the advice of
counsel in all matters without incurring liability on account of his or her actions.
11. INTERPRETATION.
11.1 Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of
personal pronouns shall be construed as either masculine, feminine, or neuter.
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Darlene M. Zimmer
11.2 Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed
to be a part of this Will.
11.3 Bond Not Required. None of the fiduciaries named in this Will shall be required to
furnish a bond for the faithful performance of her duties as Executor.
11.4 Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of seven (7) pages which bear my signature for the purpose of identification, this
�day of April, 2014.
d(�A�' '-CY
DARLENE M. Z R, Testatrix
Signed, sealed, published and declared by the above-named Testatrix, DARLENE M.
ZIMMER, as and for her Last Will and Testament, in the sight and presence of us, who, at her request,
in her sight and presence and in the sight and presence of each other, have hereunto subscribed our
names as witnesses. p
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itness Address
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Wit s Address
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COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF CUMBERLAND )
I, DARLENE M. ZIMMER, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE
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.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY DARLENE M.
ZIMMER,THE TESTATRIX THIS�DAY OF APRIL,2014.
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�rsn�r�ior��vF.aLTr oF�v�sr�vnr�ra DA ENE M. ZIMMER,TESTATRIX
Notarfal Seal
Deborah L.Brenneman,Notary Public
Camp HIH Boro,Cumberland County
My Commission Fxpires]une 18,2014 OTARY PUBLI
Member,Pennsyivania Associatlon of Notaries
COMMONWEALTH OF PENNSYLVANIA )
. SS:
COUNTY OF CUMBERLAND )
WE,�-F�T'�� ������-� I Y� AND J Q.r�n ���`1' S � G�C�S� ,
THE WITNESSES WHOSE NAMES ARE SIGNED T�HE FOREGOING 1NSTRUMENT, BE1NG DULY
QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE
AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND
TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT 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 THE TIME EIGHTEEN (18) OR MORE YEARS
OF AGE,OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS l�'`� DAY OF APRIL,
2014.
WITNESS
cJr�r����v�-+�.Tr�OF PEN�ISYLVANIA �
Nota�ial Seal p�blic �
Deborah L Brennema�,►'��N WIT S
{�mP NfN Boro,Cumberland CountY
My Cammisslon Fxpires�une I8,2014
Membe�.Pennsv�ania Assx�a�lo�°f Notaries
N TARY PUBLI
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