HomeMy WebLinkAbout04-23-15 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 � 11
Name: Geraldine E. Dietz File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: February 13, 2015 Age at death: 85
Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last
principal residence at 513 Boston Court 17050 Borough of Mechanicsburg Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Holy Spirit Hosp. 17011 E. Pennsboro Twp. Cumberland Co. 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 $ 30,000.00
If not domiciled in Pennsylvania. . . . . . . . . . . . . . . . . . . . . . . . Personal property in Pennsylvania $ 0.00
If not domiciled in Pennsylvania. . . . . . . . .. . . . . . . . . . . . . . . Personal property in County $ 0.00
Value of real estate in Pennsylvania.. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . $ 0.00
TOTAL ESTIMATED VALUE. . . . $ 0 30,009_rQ0
Real estate in Pennsylvania situated at: n/a C rn n
(Attach additional sheets, if necessary.) Street address,Post Office and Zip Code City,Townsh& &rough =T3 — County
rn t n C!)
v 71 A. Petition for Probate and Grant of Letters Testamentary '' `~" ` 1 ry . m
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 09/18/10911 ,a2d>Codicil(s)
thereto dated n/a = -11 T1
The first named Executor, Kenneth W. Dietz (spouse) predeceased Geraldine E. Dietz on, ay 2 012
State relevant circumstances(e.g.renunciation,death of executor,etc.)
O
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not.divorced,wale t 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.
0 NO EXCEPTIONS ❑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, 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 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 Address
Form RW-02 rev. 10111/2011 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
Larry Lee Dietz, 1315 Campus Court, Westminster, MD 21157
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 Decedent t etitio r(s) ' well and truly administer the estate according to law.
Sworn to or Affirmed and subscribed before Date
me thi day of ,a OI JC" Date
By: O_V_� tniVv Date
For the Register Date c
rrri� —
Q _ C�
rte"' Cl)
BOND Required:Q YES ®NO To the Register of Wills: t- -Y r'i rV rn M
FEES: Please enter my appearance by my-;1gn,atuTre befA: 7-3 C)
Q (� c:)
Letters . . . . . . . . . . . . . . . . . . . . . . $ {0 Attorney Signature:
t za
( 6 ) Short Certificate(s). . . . . .
( ) Renunciation(s).. . . . . . . . r►i
( ) Codicil(s). . . . . . . . . . . . . Cri co O
( ) Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Pr' ted Name: Craig A. Hatch, Esq.
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other VVI 1 t I . . . . . . ID Number: 76361
W �5
! � l5 Firm Name: Halbruner, Hatch & Guise, LLP.
Address: 2109 Market Street, Camp Hill, PA 17011—
. . . . . . . . Phone: -(717) 731-9600
Automation Fee. . . . . . . . . . . . . . . 5 Fax: (717) 731-9627
JCS Fee. . . . . . . . . . . . . . . . . . . . . 3S:'Sb Email: C.Hatch@HHGLLP.eom
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 205.50
DECREE OF THE REGISTER
Estate of Geraldine E. Dietz File No: 2� --� j— 459
a/k/a:
AND NOW, IApr1;� 23 ,2�IS , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Larry Lee Dietz
in the above estate and(if applicable) that
the instrument(s) dated 09/18/1991
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
a
register of Wil s P&
Form RW-02 rev. 10/11/2011 age 2 of 2
RECOf ;EO OFFICE OF
REGI. .E R CF ,ILLS
?01S APF 23 AFI 1157
LAST WILL OF GERALDINE E. DIETZ
LEr< OF
0R F A AN S Ci"01. T
CU! E ' ' I ; G'ERALDINE E. DIETZ, of 1317 West Fourth Street,
Flemington, Clinton County, Pennsylvania, hereby declare this to
be my Last Will and revoke all my prior Wills.
1. PAYMENT OF DEBTS AND TAXES
I direct that all my just debts and funeral expenses be
paid out of my estate. I direct that all inheritance tax,
estate, transfer and succession taxes assessed against my estate
shall be paid by my Executor as an expense of administration out
of my residuary estate.
2. GIFT TO SPOUSE
I give my entire estate to my husband, W. Kenneth Dietz , if
he survives me by thirty ( 30 ) days.
3 . GIFT OF FURNITURE & PERSONAL EFFECTS
In the event that my husband, W. Kenneth Dietz, does not so
survive me, then I give all my furniture, household goods,
automobile and other tangible personal effects of like nature
owned by me at my death, in as nearly equal shares as practical
to my children, Jerry Linn Dietz and Larry Lee Dietz , to be
divided between them as they shall agree. Should there be no
agreement, such property shall be divided between them by my
Executor in as nearly equal portions as in his sole discretion,
deems practical, having due regard to the personal preferences
of them; provided that articles which my Executor considers
unsuitable for my children may be sold and the proceeds added to
my residuary estate.
4. GIFT TO ISSUE
In the event that my husband, W. Kenneth Dietz , does not so
survive me, then I give my entire estate to my children, Jerry
Linn Dietz and Larry Lee Dietz, in equal shares. In the event
that my daughter, Jerry Linn Dietz, should predecease me, then
her share shall lapse, and pass to my son, Larry Lee Dietz. In
the event that my son, Larry Lee Dietz , should predecease me,
then his share shall not lapse, but pass to his issue per
stirpes.
5. TRUSTEE FOR MINORS
Should any of my issue entitled to a share of my estate not
have attained the age of twenty-five ( 25 ) years at the time of
distribution to him or her, I give the share of each such issue
t to the mother of such issue, IN SEPARATE TRUST, to hold, manage,
invest and reinvest the share so received, and the accumulation
of income thereon, and to use and apply the income and
principal, or so much thereof as, in Trustee' s discretion, may
be necessary or appropriate for such beneficiary' s support and
education ( including college education, both graduate and
undergraduate) or to make payment for these purposes, without
further responsibility, to such beneficiary or to any person
taking care of such beneficiary. Any principal or income not so
applied shall be distributed to such beneficiary absolutely when
2 -
he or she attains the age of twenty-five ( 25) years. If he or
she dies before attaining age twenty-five ( 25) , the trust shall
terminate and such share shall be distributed to his or her
personal representative.
6. POWERS OF EXECUTOR
I authorize my Executor and his successors to exercise the
following powers , in addition to those given by law, to be
exercised in his sole discretion:
A. To retain any real or personal property which may
at any time form a part of my estate as long as he deems
advisable.
B. To invest in any real or personal property without
restriction to legal investments.
C. To repair, alter, improve or lease for any period
�p of time any real or personal property and to give options for
leases.
D. To sell at public or private sale, for cash or
credit, with or without security, to exchange or to partition
real or personal property and to give options for sales or
exchanges.
E. To compromise claims.
F. To make distribution in kind.
G. To borrow money and to pledge or mortgage any real
or personal property.
- 3 -
7. . APPOINTMENT OF EXECUTOR
I appoint my husband, W. Kenneth Dietz, Executor under this
Will. Should he, for any reason, fail to qualify or cease to
act as such during the administration of my estate, I appoint my
son, Larry Lee Dietz, as alternate Executor under this Will,
with the same duties , powers and discretion as if originally
appointed. My Executors shall not be required to enter bond or
furnish sureties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 18th day of September 1991.
' • SEAL)
Geraldine E. Dietz
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
Geraldine E. Dietz, as and for her Last Will, in the presence of
us, who, at her request, in her presence and in the presence of
each other, have hereunto subscribed our names as witnesses.
WJE residing at
Vs
residing at
4 -
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CLINTON )
We, Geraldine E. Dietz , Allan W. Lugg, and Kim M. Walizer,
the testatrix and witnesses, respectively, whose names are
signed to the attached or foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that the
testatrix signed and executed the instrument as her Last Will
and she had signed willingly (or willingly directed another to
sign for her) , and that she executed it as her free and
voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the testatrix,
signed the Will as witness and that to the best of their
knowledge the testatrix was at that time eighteen years of age
or older, of sound mind and under no constraint or undue
influence.
r
Geraldine Dietz
N.
Witness
i ess
Subscribed, sworn to and acknowledged before me by
Geraldine E. Dietz, the testatrix, and subscribed and sworn to
before me by Allan W. Lugg and Kim M. Walizer, witnesses, this
18th day of September 1991.
blit
My Commission Expires: NOTARIAL SEAL
BRENDA K. (, 133KArNotary Public
Lock Haven, Clinton County, Pa.
My Commission Expires May 14, 1994