HomeMy WebLinkAbout01-22-15 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 �1_` � _�1
Name: Russell E.Ditmer File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: January 13,2015 Age at death: 81.
Decedent was domiciled at death in Cumberland County, Pennsylvania (state) with his/her last
principal residence at 1310 Zimmerman Road,Carlisle,PA 17015 Monroe Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1 Longsdorff Way,Carlisle,PA 17015 South Middleton Township Cumberland Pennsylvania
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 $ 0.00
If not domiciled in Pennsylvania. .. ......... .. . . ... . ... . Personal property in Pennsylvania $
If not domiciled in Pennsylvania. . . . .. . ........... ... . . . Personal property in County $
Value of real estate in Pennsylvania.. . .. .. . .......... . . ... . ... . . . .. ... .. .... .... ... . . ...... . $ 150,000.00
TOTAL ESTIMATED VALUE. . . . $
Real estate in Pennsylvania situated at: 1310 Zimmerman Road,Carlisle,PA 17015 Monroe Township Cumberlanc
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough 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 January 18,2008 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 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.
Q NO EXCEPTIONS O 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,ca.a. or d.b.n.cta., 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.
O NO EXCEPTIONS O EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived bythe following spouse(if any)and heirs(attach
additional sheets, if necessary):
Name Relationship Address
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COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Pearl A.Ditmer 1310 Zimmerman Road,Carlisle,PA 17015
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 edent,the Petitioner(s) ,will well and truly administer the estate according to law.
Sworn to or qffirmed nd subscribed before �_ ��,//yam/ Date / -- �a
me thi�da of� L Date
By: Date
For the Register Date
BOND Required: Q YES Q NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature:
( ) Short Certificate(s). . . . . .
( )Renunciation(s).. . . . . . . .
( ) Codicil(s). . . . . . . . . . . . . %
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Robert G.Frey
Commission. . . . . . . . . . . . . . . . . . Supreme Court 46397 c7 "' ";0 rn
Other . . . . . . . ID Number: ,�o n
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Firm Name: Frey&Tiley Z
Address: 5 South Hanover Street "' �'" re r a r r
. . . . . . . r— iT1 rV C7
Carlisle,PA 17013
Phone: 717-243-5838 c:-_ rV t— r
717-243-6441 T
Automation Fee. . . . . . . . . . . . . . . Fax: � :� r—� �
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: rfrey@freytiley.com
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 0.00-
DECREE OF THE REGISTER q!�1u
Estate of Russell E.Ditmer File No: � —15 —c 1
a/k/a: -+1
AND NOW, 1��t YLI �- #--CW , IU , in consideration of the foregoing Petition,
satisfactory proof having been presented before 6e,IT IS DECREED that Letters Testamentary
are hereby granted to Pearl A.Ditmer
in the above estate and(if applicable)that
the instrument(s) dated January 18,2008
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent.
ter of Wi s �Qrjvyl�kv)-,Tyy)
LAST WILL AND TESTAMENT
OF
RUSSELL E. DITMER
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I, RUSSELL E. DITMER, of Monroe Township (mailing address: l31��rmerrr= n �
Road, Carlisle, Pennsylvania 17015), Cumberland County, Pennsylvania, being of mound and -A C7
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disposing mind, memory and understanding, do hereby make, publish and declare tl]ts asd
my Last Will and Testament hereby revoking and making void any and all Wills by`r e,at ani =
time heretofore made. ea 3 T� -;
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1. I direct my hereinafter named Executrix or Executor to pay all of my just d6bts ar�d
funeral expenses as soon after my death as may be found convenient to do so. I father direr
that all inheritance, transfer, succession, estate and gift taxes which may be payable on account
of my death shall be paid from the residue of my estate regardless of whether the assets upon
which such taxes are based are included in my probate estate. I further direct that my funeral
services be conducted by Hoffman-Roth Funeral Home, 219 North Hanover Street, Carlisle
Pennsylvania, and that my body be interred on my burial lot located in Cumberland Valley
Memorial Gardens, along Governor Ritner Highway, near the Borough of Carlisle, Pennsylvania.
2. All of the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath to my wife, PEARL A.
DITMER her heirs and assigns, to the exclusion of my children, born and unborn, provided my
said wife, Pearl A. Ditmer, shall survive me by a period of ninety (90) days.
3. Should my said wife, PEARL A. DITMER, predecease me or fail to survive me by the
aforesaid period of ninety (90) days, then in such event all of the rest, residue and remainder of
my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and
bequeath in equal shares to my children but at the present time I am the father of only one child
who is JEFFERY E. DITMER who was born March 22, 1983, provided each child of mine shall
survive me by a period of ninety (90) days, but should any child fail to so survive me then the
share such deceased child would have received shall pass to such of his or her issue as shall
survive me by a period of ninety (90) days, per stirpes, and if there be no such issue such share
shall lapse and the same shall be paid to the shares of any other child or children of mine, per
stirpes, but if there be no such other children then the same shall be paid to my brother,
CHARLES E. DITMER, Jr., , his heirs and assigns, provided he shall survive me by a period of
ninety (90) days but should he fail to so survive me then to such of his issue as shall survive me
by a period of ninety (90) days, their heirs and assigns, per stirpes.
4. Should any person be entitled to distribution from my estate who is less than 21 years
of age, in such event I nominate, constitute and appoint MANUFACTURERS AND TRADERS
TRUST COMPANY and its successors, as Guardian of the estate of each such person and
authorize and direct it to receive and to invest the same, and to pay at least annually the income
arising therefrom together with so much of the principal thereof as in its opinion is necessary or
desirable to be expended for the proper maintenance, support and education of such person, to or
for the benefit of such person, and upon such person attaining 21 years of age to pay to him or
her the then remaining principal together with any undistributed income.
5. I hereby nominate, constitute and appoint my said wife, PEARL A. DITMER, as
Executrix of this my Last Will and Testament but should she predecease me or fail to qualify or
cease serving as such, then in such event I nominate, constitute and appoint my son, JEFFREY
E. DITMER as alternate or successor Executor, but should he fail to qualify or cease serving as
such, then in such event I nominate, constitute and appoint my brother, CHARLES E. DITMER,
as second alternate or successor Executor, but should he fail to qualify or cease serving as such,
then in such event I nominate, constitute and appoint MANUFACTURERS AND TRADERS
TRUST COMPANY, One West High Street, Carlisle, PA 1701.3, as third alternate of successor
Executor. I further direct that none of them shall be required to post any bond to secure the
faithful performance of his, her or its duties in the Commonwealth of Pennsylvania or in any
other jurisdiction.
6. In addition to the powers conferred by law, each of my hereinbefore named Executors
and Guardian are empowered to: s
4?Ajo_� L
Page 1 of 3
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are
authorized for the investment of trust funds under the laws of any governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
such corporations; to pay all assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise any option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the conversion
of the same into other securities or for the purchase of additional securities, and to make any and
all necessary payments which may be required in connection therewith; and generally to have and
exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is
not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of
the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of or against the
trust estate.
g. In the discharge of fiduciary duties, to employ counsel and to determine and to
pay such counsel reasonable compensation which shall be charged against the principal or income
of the trust fund, and shall further be entitled to charge against the principal or income such other
reasonable expenses and charges as may be necessary and proper to incur for the proper discharge
of fiduciary duties and for the proper management and administration of the trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash
or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making
any division or distribution in kind may allot any specific security or property or any undivided
interest therein to any one or more of such shares, and to that end may appraise any or all of the
property so to be allotted and the judgment as to the propriety of such allotment and as to the
relative value for purposes of distribution of the securities or property so allotted shall be final and
conclusive upon all persons interested in the trust or in the division or distribution thereof.
i. To register any shares of stock or other assets of any trust in their own names
or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of my
death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be
deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust
funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital gains shall
be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of
the corpus, and such designation need not be consistent from one year to another.
Page 2 of 3
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament written on three (3) pages this /6�qday of January, 2008.
,ZU4AZIQ t At-k,"A--(SEAL)
RUSSELL E. DITMER
Signed, sealed, published and declared by RUSSELL E. DITMER, the Testator above
named, as and for his Last Will and Testament, in our presence, who, in his presence, at his
request, and in the presence of each other, have hereunto subscribed our names as attesting
witnesses.
h-7
Page 3 of 3
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WELLS
CUMBERLAND C) rn
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COUNTY, PENNSYLVANIA C>
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Russell E. Ditmer 2
Estate of C--
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Robert M.Frey and Trisha A. Liess (each) a subscribing 'witness to
(PrintNwnels)
the 0 Will D Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s) and
say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same
and that she he/they signed the same and that she/he/they signed as a witness at the request of
the Testator Testatrix in her I his presence and in the presence of each other.
(signature) 4.— (Signature)
5 South Hanover Street 5 South Hanover Street
(Street Address) (Street Address)
Carlisle, PA 17013 Carlisle, PA 17013
(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
before me this day before me this day
Of Of—:RVka1j
Deputy for Register of Wills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or c 0MM-0NW4Ut-LS?ULNyA%k
NOTARIAL SEAL
ROBERT G.FREY,Notary Public
Form RIV-03 rev. 10.13.06 Borough of Carlisle,Cumberland County,PA
My Commission Expires June 27,2018
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
i
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No. 2015- 00079 PA No. 21- 15- 0079
Es to to Of: RUSSELL E DITMER
O D 9� (First,Middle,Last)
� v
Late Of: MONROE TOWNSHIP
CUMBERLAND COUNTY
X II
Deceased
Social Security No:
1750 Q u,
WHEREAS, on the 22nd day of January 2015 an instrumQ12' Ate�
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January 18th 2008 was admitted to probate as the last w °113? c>f
RUSSELL E DI TMER ':>
x .. +
(First,Middle,Last)
late of MONROE TOWNSHIP, CUMBERLAND County,
who died on the 13th day of January 2015 and, cn
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 TESTAMENTARY to:
PEARL A DITMER
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 offi ce a t CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VA NIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 22nd day of January 2015.
fj
Re /ster of Wills
D uty
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)