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HomeMy WebLinkAbout02-03-15 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 Name: DARLENE M. ZIMMER File No: 21-2015-0021 �a: (Assigned by Register) a/k/a: �a; _ Social Security No: Date of Death: 12/10/2014 Age at death• 84 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State) with his/her last principal residence at 3804 OXBOW DRIVE 17011 HAMPDEN CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1700 MARKET STREET 17011 CAMP HILL BOROUGH CUMBERLAND PA Street address,Post Office and Zip Code Ciry,Township or Borough County State Estimate of value of decedent's property at death: If domici[ed in Pennsylvania................................All personal property $ 522.000.00 If not domiciled in Pennsylvania.............................Personal propeRy in Pennsylvania $ !f not domiciled in Pennsylvania.............................Personal property in County $ value of real estate in Pennsylvania.............................................................. $ 248,000.00 TOTAL ESTIMATED VALUE.... $ 770,000.00 Real estate in Pennsylvania situated at: 3804 OXBOW DRIVE 17011 HAMPDEN TOWNSHIP CUMBERLAND (Attach additronal sheets,if necessary.) Street address,Post Otfice and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 4/1412014 and Codicil(s) thereto dated —_ - State relevant circumstances(e.g.renunciation,death ojexecutor,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 bom 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 appticable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.�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 that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): � ., --- —�- -- --- - - -- Name Relationship � Ad ss � � r*t — - �.�,- — -- -- -- -- ---- — � � <<:a � r';.7 .._. .-.t �J � (�7 � � ii3 -- �- _. ----- —�-- — --- �� r- -2 I :. '�� W ,��:J ��.1 -. — ----�-- ... - , . .� '.� ,.,_i ���, � _�rt , ; . _.._ - - - _ - -- , __ . _.._ c� — ---- - _ ; ;:.; rv r__ rn ___, �-.- -- - -- -- - �v __ ,:;J -T� Form RW-02 rev.l0/1//20!l 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 8 EAST RED GOLD CIRCLE LINDA J. PATERSON CAMP HILL PA 17011 The Petitioner(s)above-named sweaz(s)or af�'irm(s)the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief of Petitiorer(s)and chat,as Personal Representative(s)of the Decede t,the Petitioner(s) ill e a truly administer the estate according to I w. ' ������ Sworn to;qr atffirmed and�ubscribed before �ace me t 's��� ~ day o -� ���'�� �,� ��' `� __ Date 1 � ., By: �i� � -- , �� � �/�..�—� Date For the Register Date BOND Required: ❑ YES O�1V0 To the Register of Wi[ls: FEES• Please enter my appearance by my signature below: Letters........ . .......... . . . . $ D� Attorney Signature: ( � )Short Certificates(s) .. . . .. ( )Renunciation(s)... .. . . ... _ _— ( )Codicil(s) .... . . . . . .... . -- ( )Affidavit(s)....... .. . ... — Bond Printed Name: DAVID W R AGER ESQUIRE Commission ............. . . . ... . Supreme Court Other ..,,,, . . . ID Number: 20868 �����-—_ Firm Name: REAGER &ADLER PC �'�- 15' Address: 2331 MARKET STREET lS,� — • ••��•• •� CAMPHILL PA 17011 . ........ -- Phone: 717-763-1383 '�`' . ........ __ -- F�: 717-730-7366 r�- �� =�3 � . � Automation Fee . .��p��,�y.�---. Email: DWREAGER�a R ADL � C. - JCS Fee ..... .. .. .. . . . . ..I... _ ,., 'v c� CT] r r> :"t3 TOTAL ..... ....... ..........$ • _ r . � , � � � �_. . ; � .� DECREE OF THE REGISTER �-� = ' , . � ,, __. � _.,� , _ , . ; : r ; - _.__ Estate of DARLENE M. ZIMMER __ File No: 21-2015-002T r" �� `' _ _. -- — —r��r— a/k/a: — -- — _-, - -� -r� AND NOW, �r� � , -�� ,in co�side ation of the for oing Petition, satisfactory proof having been presented before me,IT I ECREED that Letters — are hereby granted to I� I_. __._ _ — in the above estate and(if applicable)that the instrument(s)dated -�— - - described in the Petition be a mitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. _ �� � � R ister of Wil � . Form RW-02 rev.l0/l U20/l �age O 2 ,' � , � u:\lifeplanportfolio\clients�zimmer,darlene\will.doc ;-" April 14,2014 C � � m � p -.1 � c7 f:�:�:? '"� 1'`'� ? � V� ,� �";7 , C� ' -�- ', � � � LAST WILL AND TESTAMENT ` G' ' � ,�� � . ._f7 . ., ...,::.� �F . . � .,_1 �Tl h`j � '-> r. 7 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. �. � (, ��� � YV1 Darlene M. Zimmer u:\lifeplanportfolio\clients�zimmer,darlene\will.doc 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 Executar 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. 2 ��(N�h � .'�' �rw"'�l Darlene M. Zimmer u:\lifeplanportfolio\clients�zimmer,darlene\will.doc 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 Emplovment 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 ar 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 ar 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. 4 ,�{✓� �l`�� 11i.�,�.n�-✓ Darlene M. Zimmer u:\lifeplanportfolio\clients�zimmer,darlene\will.doc 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 taxes 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 errors of judgment, nor far 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. 5 ,(,��,,�,� wt � �.v�,,,,_� Darlene M. Zimmer 11.2 Headin�s. 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. �3�� � i DARLENE M. Z ER, 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 ��5 � �iddo�sb�r � - �� � � itness Address ��� �C�-!�(.,�,� �-j _ ��,� I-) • �) , P� I i � t. ) Wit s Address 6 11.2 Headin�s. 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 GoverninE 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. 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. , �25 � S dd o�s b�r � v �� � � itness Address �� f �C}-��C� �7 _ ��P �) • �1 , P� I�� � 1 � Wit s Address 6 . . , : , . 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. �.�-� �i � �� W����s�''�3i�iWEA�LIY OF PENt�SYLVANIA DA ENE M. ZIMMER,TESTATRIX � NotaHalSeal � Deborah l.Brenneman,Notary Publlc Camp HiH Boro,Cumberland County � My Commission Expires]une 18,2014 OTARY PUBLI Member,Pennsylvania Assxiatlon of Notaries COMMONWEALTH OF PENNSYLVANIA ) : SS: COUNTY OF CUMBERLAND ) WE,�-�T'� f-� � i v �N IY� AND �Q r►� ���' S � C�`C�S� , THE WITNESSES WHOSE NAMES ARE SIGNED T�HE FOREGOING INSTRUMENT, BEING 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, TH1S t`F'`� DAY OF APRIL, 2014. WITNESS ���i;���SYN�.�.TF":OF PEN�SYL.VAhIIA -- ( J Notarial Seal peborah L.Brenneman,Notary Pub��� �IIT S Camp HiN Boro,Cumbe�land CountY My Commisslon Expires 7une 18,2014 Member,Pennsv�ania Assx�a��on of NoWries N TARY PUBLI 7 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � �� . �t �F c u�y / " "�� � (�`�� ��� No. 2015- 00021 PA No. 21- 15- 0021 ? I%-,� J J p Es ta te Of: DARLENE M ZIMMER � O � �\ � lFirst,Middle,Last) � ���� �)n � � � � La te Of: HAMPDEN TOWNSHIP V M N �� � CUMBERLAND COUNTY Deceased 1750 Soci al Securi ty No: WHEREAS, on the 3rd day of February 2015 an instrument dated April 14th 2014 was admitted to probate as the last will of DARLENE M ZIMMER lFirst,Middle,Lastl late of HAMPDEN TOWNSH/P, CUMBERLAND County, who died on the lOth day of December 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wi11s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day- granted Letters TESTAMENTARY to: LINDA J PATERSON who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 3rd day of Fe,bruary 2015. l � Register of Wills f.x_ �� � s�'�: CV L�,..1 `.P C�.J !- ,. ep�ty �-� :. R�. _ �-- _ . ��, , Cl„ ::� ;. . C";: C"7 , . ��__.-- i i..t � ..� � ., L`.,,:�1 : �. .._...1 '._. �• <,": � C� 1-�`— I..! G:�;s CJ C..`'� � LK; �. LiJ r�-� Lt-> � :�7 �a CC i-__:� � c..� **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)