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HomeMy WebLinkAbout03-20-15 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: Judith A.Heberiig Decedent's Information , Name: Edgar S.Heberlig File No: 21 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 02/26/2015 Age at Death: 80 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 200 Mount Rock Road,Newville 17241 West Pennsboro Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Manor Care,940 Walnut Bottom Rd,Carlisle,PA 17015 South Middleton 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 $ t}004000, 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................................................................... $ TOTAL ESTIMATED VALUE $ qn 000. 00 Real estate in Pennsylvania situated at Mount Rock Road,Newville,PA 17241 West Pennsboro Township Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County r.a ®A. Petition for Probate and Grant of Letters Testamentary r7l. Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 03/14/2014 --i F;'!afi-d Codicil(s) thereto dated 171 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 mar was not divorced,wasgot a party,to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323( 8),a6d'did*not have a child torn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. u -� ®NO EXCEPTIONS ❑ EXCEPTIONS ry f— ri1 ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.t.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 pending divorce proceedingwherein 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 adudicated 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 Address Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. 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 Judith A.Heberlig 200 Mount Rock Road Newville,PA 17241 _ r e ,t The Petitioner(s)above-named'Voteat(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 Deceden Petition r(s will well pnd truly administer the estate accordi g to lap. Sworn to or affirmed and subscribed beforeibl Date a6 1 I me thiso�OTMday of MQ?- r` -DuosDate By: Q( ', j'Y\ Date For the Register I Date BOND Required? ❑ YES R NO To the Register of Wills: , FEES: Please enter my appearance by m ignature bglo�v: . C-- U ri , Letters.......................................... $ Attorney Sign re: c' CD Short CertificateCom ' 7; ( ) (s)......... ( )Renunciation(s).............. ;- r Codicils ( )Affidavit(s)...................... Printed Name: Ivo V.Otto III - ? Bond............................................. Supreme Court - Commission.................................. ID Number: 27763 Other wt I I =( ry nVFirm Name: Martson Law Offices rl h' Address: 10 East High Street Carlisle,PA 17013 Phone: 717-243-3341 Automation Fee............................ 5 Fax: JCSFee....................................... 3tJ. TOTAL......................................... $ t}�j(�.��� E-mail: lotto@mansonlaw.com DECREE OF THE REGISTER Date of Death: 02/26/2015 Social Security No: Estate of Edgar S.Heberlig File No: 21 — a/k/a: AND NOW, ���-r?-o 2-h 2O(� _ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Judith A.Heberlig in the above estate and(if applicable)that the instrument(s)dated 03/14/2014 described in the Petition be admitted to probate and filed of record as the last Will(andPodicil(s of Decedent.' e ' ter of Wills Copyright(c)2011 form software only The L ckner Group,Inc. Page 2 of 2 F:17ILES\ClientsUiOl l HAberlig\1471I.I.h.will.2014.wpd RE C_'5 " t r il.I S_ : ���� M819 C� � 1 LAStT W1LL AND TESTAMENT . I; EDGEhS ,-HEBERLIG, of West Pennsboro Township; Cumberland County, Pennsylvania 8&hi j,of sound and disposing mind and memory,do hereby make,publish and declare l this to be my Last Wiland Testament,hereby revoking any and all former Wills or Codicils made by me. 1. I direct that all-my legally enforceable debts, funeral expenses, testamentary expenses and all death taxes(whether such taxes may be payable by my estate or by any,recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My Executrix 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. 2. I give such items of personalty as are itemized in a certain list, if any,to the persons named thereon, which list is signed and dated by me at the end thereof. 3. I bequeath any automobiles or motor vehicles I may own at my death, my personal effects, such household goods if any as may be my individual property and not the property of my spouse or owned jointly by me with my spouse, and other tangible personal property of like nature (not including cash or securities), together with any existing insurance thereon,to my spouse, JUDITH A. HEBERLIG, providing she survives me by thirty (30) days. Should my spouse, JUDITH A. HEBERLIG,predecease me or die on or before the thirtieth day following my death,I bequeath such tangible personal property and insurance thereon to my son,KIRK C.HEBERLIG. I direct that any of the foregoing articles not selected by such son shall be sold at public or private sale by my personal representative(s),and I further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. [Initials] Page I of 5 Pages 4. I,give,devise and.bequeath all the rest, residue and remainder of my estate, both-real and personal property,unto my spouse, JUDITH A. HEBERLIG, absolutely. 5. In the event my said spouse does not survive me by thirty(30)days,then I direct that all the rest,residue and remainder of my estate,both real and personal property,be divided into two equal shares and distributed in the following manner: a. One such share shall be distributed outright unto my son,KIRK C. HEBERLIG. In the event such son shall predecease or fail to survive me by thirty(30) days,then his share shall be distributed equally to my surviving beneficiaries named in this Item 5, b. b. One such share .shall be distributed unto my Trustee, in trust, for the following purposes: (1) I direct that my Trustee shall hold, invest and reinvest the same, collect the income arising therefrom, and after paying all expenses incident to the management of the trust, to use and apply as much of the _income and principal as may be necessary in the sole discretion of my Trustee, in equal shares, for the support, well-being and education of my grandchildren, LAURA BROSSMAN and ADAM BROSSMAN. (2) I direct that each of my said grandchildren shall have the right of withdrawal of his or her equal share of the principal and any accumulated income of such trust as he or she attains the age of thirty-five (35) years. (3) In the event either of my said grandchildren shall fail to attain the age for distribution of any part of their share and shall be survived by issue,then his or her share shall be held by my Trustee for said issue and distributed to them equally as each shall attain the age of thirty-five (35) years. In the event either of my said grandchildren shall fail to attain the age for distribution of any part of their share and shall.not be survived by issue,then his or her share shall be distributed by my said Trustee equally to my remaining grandchild in accordance with the terms hereof. [Initials] Page 2 of 5 Pages (4) Prior to the distribution of the principal,my said Trustee;shall have the sole discretion to invade the pri%'cipal of said trust for.the support,,maintenance and :education of such grandchild or issue of such deceased grandchild, regardless of age. (5) To the extent that the same is permitted by law, none of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest given to such beneficiary; and all sums payable to such beneficiaries hereunder shall be free and clear of the debts, contracts, alienations and anticipations of the beneficiaries,and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity. 6. I nominate,constitute and appoint my spouse,JUDITH A.HEBERLIG,as Executrix of my estate. In the event she shall be unable or unwilling to so serve, then I appoint my son, KIRK C. HEBERLIG, to act in such capacity. 7. I nominate,constitute and appoint my son,KIRK C.HEBERLIG,as Trustee under the terms this.my Last Will and Testament. 8. I direct that all fiduciaries acting under this Will, whether or not named herein, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. 9. I authorize and empower my Executrix and Trustee, or their successors, in their sole and absolute discretion,to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell,lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to [Initials] Page 3 of 5 Pages make distribution inkind.and to cause any share to be composed of cash; property or undivided fraetional::shares in propertydifferent in_kind from any other share;to eiriploy agents,attorneys and proxies'and.delegate to them such.power as my Executrix and Trustee,or their successors,consider desirable.and to pay reasonable compensation for such services as may be rendered by such agents, :attorneys and proxies;and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition,I direct that my Executrix, or her successors,shall have the power to conduct,an inventory of any safe deposit box necessary to the administration of my estate. IN WITNESS WHEREOF I have hereunto set my hand -and seal this 1 y+h day of nn�t�eCH ao)Lf SEAL) Edgar §Meberlig ;SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,as and for his Last Will and Testament, in the presence of us,who at his request,have hereunto subscribed our names as witnesses thereto, in the presence of the said Tet or and of each other. Page 4 of 5 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We,Edgar S.Heberlig,Ivo V.Otto III and Vi CTU►Z4+ L. 6 r-rD ,the Testator and the 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 the Testator has signed willingly,acid that the Testator executed it.as his free and voluntary act for the purposes.therein 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 his/her knowledge the Testator was at that time eighteen years of age or older,of sound mind and under no constraint or undue influence. .[ Edg eberlig, Testator Witness rffl a Witness Subscribed, sworn to and acknowledged before me by Edgar S. Heberlig,the Testator, and subscribed and sworn to before me by Ivo V. Otto III and. V i C-M 121 A L. 0 T-M , the witnesses, this 14+h day of mr4P-CH Notary Public COMMONW`WANAASS PENNSYLVANIA EALDena S. Notary PublicCarlislerland CountyMy Comms Feb. f8,2018MEMBER. PENNSC(gilON OF NOiq �Eg Page 5 of 5 Pages