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HomeMy WebLinkAbout04-23-15- o Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Robert C.Wetzler 100 Sunny Slope Lane Apartment 2 Manheim PA 17545 Dena Mary Herweg 405 Market Street,New Cumberland,PA 17070 The Petitiorier(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,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed a d subscribed before �— Date J me this�-day of ,P_D/5 Date y/I AS By; Date For the Register Date BOND Required: 0 YES D NO To the Register of Wills: FEES: 1� Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 26v Attorney Signature: ( 5 ) Short Certificate(s). . . . . . � , A ( )Renunciation(s).. . . . . . . . ( ) Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Ryan A.Webber Commissign. . . . . . . . . . . . . . . . . . Supreme Court n C=:) rn Other W( I )` . . . . . . . . ID Number: 309693 G M h 1 tr1 VA?r�i�Yt.1 l5 tCn� Firm Name: Andrew W.Barbin,rl'tCs n ty. . . . . . . Address: 5 Kacgy Court . . . . . . . . Suite 102 :: G� r, C:) . . . . . . . . Mechanicsburg,PA cjjM5, _n -n -ri c> . . . . . . Phone: 717-506-4670 W r— M Automation Fee. . . . . . . . . . . . . . . Fax: 717-506-4672 o JCS Fee. . . . . . . . . . . . . . . . . . . . . 3tj, d Email: rawehher344gmaiLlnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ 3"1�•S DECREE OF THE REGISTER I l I ! Estate of Gloria S.Wetzler File No:a/k/a- AND NOW, 1r1 23 ,2C��5 , in consideration of the foregoing Petition, r satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Robert C.Wetzler and Dena Mary Herweg in the above estate and(if applicable)that the instrument(s)dated October 29, 1997 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. 8,LUX kk MyMWy,__) e ister of ills ��/ &Oki M-hry.(— Form RW-02 rev.10/11/2011 Page 2 of 2 % DlsposlYlon Permit No. / / REVH1007/20'.17/2ni J. REI�' STER OF WILLS, His ''PR 23 PM 3 37 CLE K' OF' 0R HA. S' GOtllZ' cup; LAST WILL OF GLORIA SPANGLER WETZLER DYLAN PAINTER DAYTON BOSWELL, SNYDER, TINTNER & PICCOLA 315 North Front Street Harrisburg, Pennsylvania 17101 LAST WILL AND TESTAMENT OF GLORIA SPANGLER WETZLER Introductory Clause. I, GLORIA SPANGLER WETZLER, a resident of and domiciled in the BOROUGH of CAMP HILL, County of CUMBERLAND and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament,hereby revoking all Wills and Codicils at any time heretofore made by me. I am married to ROBERT PAUL WETZLER. I have two living children: ROBERT C. WETZLER, born May 7, 1950 and DENA MARY HERWEG, born May 9, 1956. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes (except generation-skipping transfer taxes) assessed with respect to my estate herein disposed of,or any part thereof,or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto),or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient,beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. Page 1 ITEM III Specific Bequest of Specific Item of Personal Effects. I give and bequeath to ROBERT PAUL WETZLER, if he shall survive me, all my shares of mutual funds. If he shall not survive me,then I give and bequeath.all my shares of mutual funds to my surviving grandchildren in equal shares; provided, however, that the living issue of a deceased grandchild of mine shall take per stirpes the share their parent whould have taken had he or she survived me. ITEM IV General Bequest of Personal and Household Effects With a Precatory Memorandum. I give and bequeath all my personal and household effects of every kind including but not limited to furniture,appliances,furnishings,pictures,silverware,china,glass,books,jewelry, wearing apparel, boats, automobiles, and other vehicles, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, to my husband,ROBERT PAUL WETZLER,if he shall survive me. If my husband shall not survive me, I give and bequeath all this property to my children surviving me, in approximately equal shares; provided, however, the issue of a deceased child surviving me shall take per stirpes the share their parent would have taken had he or she survived me. If my issue do not agree to the division of the property among themselves, my Personal Representative shall make such division among them, the decision of my Personal Representative to be in all respects binding upon my issue. I request that my husband, my Personal Representative and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. This request is precatory and 'not mandatory. If any beneficiary hereunder is a minor, my Personal Representative may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the ,care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Personal Representative. The cost of packing and shipping such property shall be charged against my estate as an expense of administration. ITEM V Outright Gift of All Property to Husband, Contingent Gift to Issue. I give, devise and bequeath all the rest, residue and remainder of my property of every. kind and description (including lapsed legacies and devises) wherever situate and whether acquired before or after the execution of this Will,absolutely in fee simple to my husband,ROBERT PAUL WETZLER, if he shall survive me. If he shall not survive me, then I give, devise and bequeath all of the property to my surviving children in equal shares, provided, however, the then living issue of a deceased child of mine shall take per stirpes the share their parent would have taken had he or she survived me. Page 2 ITEM VI Naming the Personal Representative,Personal Representative Succession, Personal Representative's Fees and Other Matters. The provisions for naming the Personal Representative, Personal Representative succession, Personal Representative's fees and other matters are set forth below: (1) Naming Individuals as Personal Representative. I hereby nominate,constitute, and appoint as Personal Representatives of this my Last Will and Testament ROBERT C. WETZLER and DENA MARY HERWEG and direct that they shall serve without bond. (2) Individual Personal Representatives Succession. If any individual Personal Representative should fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such -capacity, the remaining individual Personal Representatives shall continue to serve without a successor or substitute. (3) Fee Schedule for Individual Personal Representative. For its services as Personal Representative, the individual Personal Representative shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. ITEM VII Definition of Personal Representative. Whenever the word"Personal Representative" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Personal Representative named herein and to any successor or substitute Personal Representative acting hereunder, and such successor or substitute Personal Representative shall possess all the rights,powers and duties, authority and responsibility conferred upon the Personal Representative originally named herein. ITEM VIII Powers for Personal Representative. By way of illustration and not of limitation and in addition to any inherent,implied or statutory powers granted to Personal Representatives generally,my Personal Representative is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims,contract with respect to,continue any business of mine,convey,convert, deal with, dispose of,enter into,exchange,hold,improve,incorporate any business of mine, invest,lease, manage, mortgage,grant and exercise options with respect to, take possession of,pledge,receive,release,repair,sell, sue:for,to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset,and in general, Page 3 tr - to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to my Personal Representative may seem best, and to execute and deliver any and all instruments and to do all acts which my Personal Representative may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made,and without the necessity of a court order. ITEM IX Discretion Granted to Personal Representative in Reference to Tax Matters. My Personal Representative as the fiduciary of my estate shall have the discretion,but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision,that my Personal Representative believes has had the effect,directly or indirectly, of preferring one beneficiary.or group of beneficiaries over others; provided, however, my Personal Representative shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Personal Representative shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions and shall have the discretion to file a joint income tax return with my husband. ITEM X 'Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated;and "issue"and "descendants"mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant"and "descendants"or those terms preceded by the terms"living"or"then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. ITEM XI Definition of Words Relating; to the Internal Revenue Code. As used herein, the words "gross estate, "adjusted gross estate:'"taxable estate:' 'unified credit;"'state death tax Page 4 :ir.. credit," "maximum marital deduction," "marital deduction," "pass;' and any other word or words which from the context in which it;or they are used refer to the Internal Revenue Code shall have the same meaning as such words have for the purposes of applying the Internal Revenue Code to my estate. For'purposes of this Will, my "available generation- skipping transfer exemption"means the generation-skipping transfer tax exemption provided in section 2631 of the Internal Revenue Code of 1986, as amended,in effect at the time of my death reduced by the aggregate of(1) the amount, if any, of my exemption allocated to lifetime transfers of mine by me or by operation of law, and (2) the amount, if any, I have specifically allocated to other property of-my gross estate for federal estate tax purposes. For purposes of this Will if at the time of my death I have made gifts with an inclusion ratio of greater than zero for which the gift tax return due date has not expired (including extensions) and I have not yet filed a return,it shall be deemed that my generation-skipping transfer exemption has been allocated to these transfers to the extent necessary (and possible) to exempt the transfer(s) from generation-skipping transfer tax. Reference to sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of my death. ITEM XII Statement by Testatrix of Intent Not to Exercise Power of Appointment. I hereby refrain from exercising any power of appointment that I may have at the time of my death. ITEM XIII Simultaneous Death Provision Presuming.Beneficiary Predeceases Testatrix. If any . .. beneficiary and I should die under such 7 circumstances as would make it doubtful whether ,. the beneficiary or I died first,then it shall be conclusively presumed for the purposes of this Will that the beneficiary predeceased me. Testimonium Clause. IN WITNESS`=WHEREOF,I have hereunto set my hand and affixed my seal this ,,m*lf day of October, 1997. GLORIA SPANQLER WE LER Page 5 9 TF e �7 - ,14 -7 T�fl, 1, 1 t= J6 jhe'�,foregoing OW w1was �,,-199 signe d t TI, :V�, �, "' a ay i of to6ibb-6— testation,Clahse",1V October, "I'll -141 1 , d6cla dibyAhOT std rix as;an or-her-.Li�t-,W an Testament in f Will 'd sealed published and our presence, �, ;"And We `at�h'er.,reque'gt;-aiid'iii�,her,,:presence,,"and in.the-presence of other, ha herei,ntoi�mjhscri e our names.,as witnesseSL On tfie abOVe date. of 7 i of n tk w j Ma. v KI Page 6 V� c: PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA 'bAl P4I r4 COUNTY OF Self-Proving Affidavit We, GLO IA SPANGLER WETZLER, and ��n P �a yin and L , the Testatrix and the witnesses, respectively, whose names are signed to the AttacheA 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 that 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, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testatrix was at that time eighteen years of age or older,of sound mind,and under no constraint or undue influence. GLORIA S AN ER WET ER Wit s (:::i ---_ro Witn— ess Page 7 Subscribed, sworn to, and acknowledged before me by GLORIA SPANGLER WETZLER, the Testatrix and subscribed and sworn to before me by `/114 lk A and 6%n"7 i e, �. � ,witnesses,this day of October, 1997. eal) Notary Public for P nnsylvania My Commission Expires: / .399 NOTARIAL SEAL SARAH E.APPLEBY, Notary Public MCommission Expires Dec. t 3, t 998 Harrisburg,PA Dauphin County Page 8