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HomeMy WebLinkAbout02-12-15 IN RE:Estate of Donald C. Hartman, IN THE COURT OF COMMON PLEAS Deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION No. PETITION FOR PROBATE OF COPY OF LAST WILD' o AND GRANT OF LETTERS < c� c-3 c77 TO THE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY; AND NOW, comes the Petitioner, Jimmie C. George,by and through his atforney,(Geor$e m R Douglas, III, and avers the following in support of this petition: ' 1. Petitioner.is Jimmie C. George, an adult individual residing at 162 H Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner was named the Executor of the original Last Will and Testament of the decedent, Donald C. Hartman. 3. The decedent, Donald C. Hartman,was domiciled at death in Cumberland County, Pennsylvania, with his principal residence at 1100 N. Pitt Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania 17013. 4. Decedent,then age 82 years old,died on.January 18,2015 in Lebanon V.A. Medical Center, Lebanon, Lebanon County, Pennsylvania 17042. 5. The decedent was a single man during his lifetime and did not have any children. 6. The decedent/Testator executed his Last Will and Testament on March 13, 2012 and Petitioner is named the Executor in decedent's Will dated March 13,2012. (A copy of the Last Will and Testament is attached as Exhibit"A".) W deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. FOUR. I give, devise and bequeath all of my estate of whatever nature and wherever situate to the BOILING SPRINGS BUBBLER FOUNDATION, c/o South Middleton School District, Boiling Springs, Cumberland County, Pennsyvlania. FIVE. I hereby nominate and appoint JIMMIE C. GEORGE, to be the Executor of this my Last Will and Testament. SIX. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty(60) days. SEVEN. No Executrix or Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. EIGHT. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. NINE. If any person or institution entitled to share in any distribution.under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its 2 entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. `I�S IN WITNESS WHEREOF, I have hereunto set my hand and seal this /3 day of 2012. (SEAL) DONALD C. HARTMAN Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. 3 ACKNOWLEDGMENT AND AFFIDAVIT WE, DONALD C. HARTMAN, GEORGE F. DOUGLAS, III, and lCCtA e cca' 4 , the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. DONALD C. HARTMAN G ORGE F. DO GLAS, III WITNESS COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by DONALD C. HARTMAN, the testa��or herein Z1'6ZIC d subscribed and sworn to before me by GEORGE F. DOUGLAS, III and a o ,witnesses, this 13 day of 2012. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kandy L.Coyle,Notary Public South Middleton Twp.,Cumberland County My Commission Expires July 6,2014 Member,Pennsvlvania Association of Notaries 4 7. At the time that Testator executed his Last Will and Testament, Testator was of testamentary capacity. 8. A diligent search has been made since Testator's death and the original Will has not been found; however, a copy of the Last Will and Testament has been located. 9. The contents of the Last Will and Testament are as stated in the copy located and attached hereto as Exhibit"A". 10. The Last Will and Testament as set forth in the attached Exhibit "A" executed by the Testator in the presence of the undersigned counsel on March 13, 2012 was never revoked by the Testator. 11. In the Last Will and Testament,the Boiling Springs Bubbler Foundation, c/o South Middleton School District, Boiling Springs, Pennsylvania, is the sole beneficiary of the Estate. 12. The decedent's estate consists of tangible and intangible property totaling approximately$25,000.00. WHEREFORE, Petitioner respectfully requests the probate of the copy of the Last Will and Testament, dated March 13, 2012, presented with this Petition and the grant of letters in appropriate form to Jimmie C. George. Respectfully submitted, SALZMANN HUGHES, P.C. -15 George F. Douglas, III, Esquire Supreme Court ID No. 61886 354 Alexander Spring Rd., Ste. 1 Carlisle, PA 17015 / Its -. 717-249-6333 Dated: 2/ `� VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Dated: (")4mmie C. George �`� FILE COPY LAST WILL AND TESTAMENT I, DONALD C. HARTMAN, of Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament,hereby revoking all Wills and Codicils heretofore made by me. ONE. I donate my body for scientific purposes to the Humanity Gifts Registry of the Commonwealth of Pennsylvania whose contact number is 215-922-4440 or 215-925-7469. In order for my donation to be effective, I request that my body not be embalmed or autopsied after my death. TWO. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross , estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate prior to distribution and no part of the taxes paid shall be prorated or apportioned among the persons or beneficiaries receiving the taxable property regardless of tax rate applicable by law to each such persons or beneficiaries. THREE. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may 01436 deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. FOUR. I give, devise and bequeath all of my estate of whatever nature and wherever situate to the BOILING SPRINGS BUBBLER FOUNDATION, c/o South Middleton School District, Boiling Springs, Cumberland County, Pennsyvlania. FIVE. I hereby nominate and appoint JIMMIE C. GEORGE, to be the Executor of this my Last Will and Testament. SIX. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty(60) days. SEVEN. No Executrix or Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. EIGHT. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. NINE. If any person or institution entitled to share in any distribution,under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its 2 entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /�3 day of 2012. (SEAL) DONALD C. HARTMAN Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. "I. JN 3 ACKNOWLEDGMENT AND AFFIDAVIT WE, DONALD C. HARTMAN, GEORGE F. DOUGLAS, III, and )&rtA lei cc4r�4 , the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. DONALD C. HARTMAN G ORGE F. DO GLAS, III WITNESS COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by DONALD C. HARTMAN, the tes,taa�or herein a d subscribed and sworn to before me by GEORGE F. DOUGLAS, III and Kt al z zl o ,witnesses, this day of 2012. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kandy L.Coyle,Notary Public South Middleton Twp.,Cumberland County My Commission Expires July 6,2014 Member.Pennsvivanla Association of Notarles 4 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Dated: �T4mmie C. George �`� !