HomeMy WebLinkAbout09-04-15 PE'1'PI'ION P'OR CRAN'f OP' LE"1"1'BKS
REGISTER OF'WILLSOF CUMBERLAND COUNTY, PENNSYLVANIA
Pe[itioner(s) named bclaw, who is/am IR ycam oC age ur older, apply(ien) Cor Le�ten as spwifttl bclow, and in
supporl thereof aver(s)the following and respectPolly request(s)the grant of Leners in the appropriate fonn:
DecedenNs lufurmation
Name: Ead Kutz Jr. File No: ,� � /� ' ��'���
a/k/x: (Assigoed by Register)
a/k/a:
a/Wa: Social Securi[y No:
Da[e of Dea[h: 08/03/2015 Age at dea[h: 86
Decedent was domiciled at death in Cumbedand Coumy, Pennsvlvania Bm�e) with his/hcr lasi
pnncipal residence at 925 Herman Dr.. Mechanicsburo PA 17055 Uooer Allen Two. Cumbedand
sv:..� aa. rosi mdZipCod City,TownehiparBorauph co��ry
Pirmac�e �}est ore Hospftal
Decedent died at �qqs TP�h nk..,., _ MP�h Pd 1]nSn Easl Pennsboro Twp. Cumberland PA
so-:��.aa.e..,ee.�oma.�azipeoae ciry,row�.moo�ea.o�gn ca��ry s�,��
ea��me�e oe�ewe or ae�eae�r�P.oPe.ry a�aeem:
lJdomiciledin Pennsyhenie................ ....... ..... All personal Oroperty $ 136 000
ffnotdomiciledinPennrylvania. .... ..... . . ..... ....... PersonalpropertyinPennsyhania 5
lfnoedomiciledinPenn.y/vania. .... ...... ...... ....... PersonalpmpertyinCaunty S
Value oJrea!esmte in Pennrylvania..... ..... ...... .. ...... ........ . ..... ..... ...... ....... . 5 163.800
TOTAL ESTIMATED VALOE. ... 5 299.800
Real es�a�e in Penn,rylvania siNated at 925 Hefn130 Av¢ Mechanicsburq PA 17055 Upper Allen Twp, Cumberland
(Atmrhadditiana(sheen.fnererrap�/ Streel�ddren,Pm10111re�ndZlpCade CIty,TownehiporBorough County
� A. Petition for Probate and Grant of Letters Testamentary
PCOtioner(e)avcKs)hc/shc/�hry is/arc�he Hxccomr(s)named fn thc las�W ill af�hc Dmcdcnt,da¢d MeV 30.2015 and Codicil(s)
�herem deted N/A.
91�lerelev�ntcircumslmresl�R.renundunon.dmth I��vevqucJ
Gxcep�asfollows: aflertheexecutionoftheinslrumrnt(s)offeredforprobateDecedentdidnotmarry,w midivorced,wasnotaparlymapmding
diwrce pmreeding wherein tM1e grounde for divorce M1ad been established as defineA in 23 Pa.C5. fie3323(g),and did nnt have a child bom or
adopted;and Decedent was neither iM1e victim of a killing nar ever adjudicated an incapacitatM persan.
�NOEXCEPTIONS ❑EXCEPTIONS N/A.
� B. Petition Por G�an[of Le[[e[e of Adminisl�e[ion QfapplicableJ
et a.,d.b.n.,d b.n.c.t.a.,pendenre lite,duranre absen�ia,duranre minorita�e
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Sec[ion A abave and complete list of heirs.
Except as foliows: Decedem was no�a Oarty m a pending divarce Oroceeding whnein the graunds for divmre had been es�ablished as defined
in 23 Pa.C.S.g 3323(�and wae nei[her[he victim of a killing mr evrr edjudicaled an incaPacip�eA O�eon.
❑NOEXCEPTIONS �EXCEPTIONS
PatitianeKs),efleraprapersearchhas/heveascenainedthatOecedrntleftnoWillandwassorviveAbythefollawingspause�fany)endhairs(a�mrJr
additiona(shvvre.lnere.s.mry9:
Name Aelatiaovhi Addre�s
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Oath of Personal Represen[a[ive om,��.i u:.omy
COMMONWEALTHOFPF.NNSVLVANIA �
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COUNTV OF CUrtIbEd20tl }
PetitioneKs)Pnnted Name Petitioner(s)Pnmed Address
Thomas M. Ku�z 3 Grandview Court, Mechanicsburg PA 17055 �`—' � --� ,-`�-�
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ThePetitionerys)ebwo-namedswear(e)ora(firm(s)Ihee�alemenain�heforeg�om ' v ndrortfc��o�M1ebestoflheknowladgea�d,belief
ofPeti[ioner(s)and ihat,as Pcrsonal Represevm�ive(s1 flh D �u�� i i�eqe)wilL���, d tru�a yis�er�he es�a�c 52dordingla hw.
Swom ro or affirtned and subscribed before �ete .� — � �
me �s�dayo � ' (� Date
g��„� � fPlJ b:i/� Dale
4Kl!✓� YCb
Far ihe ReBisie� Date
BONDRequired:❑YES �NO TotheRegisteroJWilLc
FEES: � Pleese enter my appeannce by my eignature below:
Leucrs. . . ... .. . . . . . . 5 J� AtmrneySignalure:
( (( ) Shnvt Certificate(a)..... . �
( ) Bewnciation(s).... . . . . . ���� ��
( 1Codicil(s). . . . . . . . . . . . .
[ )Affidavit(sl.. . . . . ..... .
Bond.. . .. . . . . . . . . . . . . . .. .. . . Printed Name: Ma�k E. HalbrunC�
Commission. . . . . . . . . . . . . . . . . . SuOreme Caurt
O Aer .. . . ID Number: 66737
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. _ L%�. „ ' Fl.m Name: Halbmner Hatch&Guise LLP
� . . . _ � � Aaaress: 2109 Market Street
- , .. . . . . . Camp Hill PA 170N
. . . . . . Pnonc: (717)731-9600
Aummalion Fce. .. . . . . . . . . . . .. � Fex: p17)731-9627
lcs Fee. . . . . . . . . . . _ . . . . . . . . ,, C emaii�. m halbruner(dhhqllp.com
TOTAI.. . . . . . . . . . . . . . . . . .. .. $ S.SI.
DECREE OF THE REGISTER
Estale of Eatl Kutz Jr. File No: � I� ' l�'vl��
a/Wa:
AND NOW, I (4{ ��...,}�l1(���i���G , 2015 , in consideration of[he focegoing Petition,
satisfacmry p�ouf having Heen pies�nted befoce me, IT 1S DECREED that Letters Testamentary
are hemby granted�o Thomas M. Kutz
in the above esrate and(it applicable)that
the ins[mment(s)dated May 30 2015
desceibed in the Petition be admitted to p�obate and filed o�f re�y r�d as the last W i0 (a�d Codicil(s))of Decedent.
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Fo.m xw-oz .e., m�u�nn Pagc 2�f 2
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LAST WILL AND TF.STAMENT
OF ,� a
EARL KUTZ,JR. � o "' � f'
- o
I, EARL KUTZ, JR., a resident of Cumbedand CounTy, Pennsylvani9�, do publish �an��
declare this to be my Last W ill and Testament, hereby revoking all prior wills and codicilrmade by�
me. T�
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FIRST: Familv Backeround and Apnointment of Executor. �" � = r*i
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(A) FamilvandBackeroundlnformation. IammarriedtoELIZABETHR.K{7'Z,and
she will be reCened to as "my spouse" throughout this Will. I have two children: THOMAS M.
KUTZ and DAVID F.. KUTZ.
(R) A000intment of Executor. I appoint my son, THOMAS M. KUTZ, tu act as
Executor under this Will,and iChe is unablc or unwilling to serve for any reason,the�I appoint my
son, DAVID E. KUTZ,to act as Executoc The aforenamed persons are all hereineCter referred to
as"Hxecutor",and they shall serve without bond and without bein�required ro aceount ro any court.
SECOND: Funeral and Last Illuess 6xoenses; Taxes.
(A) Exoensee of Funeral and Last Illness. Notwithstanding [hat my spo�se survives
me, 1 direct my Executor to pay my funeral expenses and the expenscs of my last illness from my
estate.
(B) Taxes. I direct my Executor to pay any and all estate,inheritance,suecession,legaey,
transfer and other death taxes or duties, by whatevec name called,including any and all inrerest and
penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with
respeet to any and all property ineluded in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this W ill,out oCmy residuary cs[ate,without being prorated
or apportioned among or charged againstthe respective devisecs,legatees,benehciaries,transferees
or other recipients of any sueh property or chacged against any propeny passing or which may have
passed to any of them. Thc Execuror shall not be entiUed to reimbursement for any portion of any
such taxes from any such person.
THIRD: Taneible Personal Propertv. Except t'or those items excluded in this \Vill and
a�y items enumeralcd in the Letter of Instruction, and regardless of whether 1 am survived by my
spouse, EI.IZABETH R. KUTZ, I bequeath all my tangible personal property, including but not
limited ro clothing,jewelry, furnimce, household fumishings, household goods, personal effects,
motoc vehicles and all other similar articles which I own,and[he insurance[hereon,to my ehildcen,
THOMAS M. KUTZ and DAVID E. KtiTZ, and the then-living issue of any child who does not
su�vive me,to be divided among them as they may seleet in as neacly equal shares,per stirpes, as is
pcae[ieal. If thece is any disagreement as to distributimi, the deeision of my Executor shall be
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LAST WILL AND TESTAMENT
OF
EARL KUTZ. JR.
PAGE2
binding. Any items not selected or any items which my Esecuror considers imsuitable for my
benefieiaries may be sold,donated ro charity, or disearded in the sole and ebsolute discretion of my
Executor,and if sold,the net proceeds therefrom shall be added to the residue of my estate. Tangible
personal property shall not include: Q)any and all property used by me in any business,(2)cash on
hand or on deposit in banks, (3)stock or securities,(4)any rype ofevidenee of indebtedness and(5)
any life,health oc aceident insu�ance polieies. Any icems allocated to a minor may,as my Executor
deems advisable, eithe� be delivered to the minor or to any person to safeguard on behalf of ihe
minoc Notwithstanding am other provisions in this Article �fHIRD, I may leave a separate, dated
and unsigned Letter of Instruction, which I shall plaee with this W ill, containing directions fo� the
distribution of certain items oCmy tangiblc personal property, and the Letter of Inst�uction shall
determine the distribution of such items The reasonable costs of protecting, appraising, packing,
storing, shipping, cleaning, delivering and insuring all items distributed in this Article THIRD
(including but not limited to any items distributed according to the afocementioned Letter of
Instruction) shall be paid as expe�ses of administering my estate.
FOURTH: �This article has been intentionally left blank.�
FIFTH: Residuarv Estate.
(A) Regardlcss of whether my spouse, CLIZABETH R. KUTZ, survives me, I give,
devise and bequeath all the rest. residue and cemai�de� of my estate, of every kind and charactec,
real, personal and mixed, tangible and intangible, and wherever siwaced, includiug any lapsed or
renounced legacies,devises or�esiduary bcquests and any property over which I may have a power
of appointment, in equal shares to my children, THOMAS M. KUTZ and DAVID E. KUTZ,
peovided that the share of any child who does not survive me shall be �e-allocatcd m that child's
issue in equal shares, pex stirpes.
(B) I have intentionally omitted my spouse, ELIZABETH R. KUTZ, as a beneHciary
under this W ill because of her declini�g health and not Cor lack of love and affection.
(C) P�ior to final distribution ofmy estate,the Gxeeuto�,in the�xecutor's discretion,may
make partial distributions to one or more beneticiaries.
SIXTH: Soendthrift Provision. No bencficiary shall have the power to anticipate,
encumbe�oc transfer his interest in the estate i�any manner. No part of the estate shall be liable tor
or cha�ged with any debts,contracts, liabilities o�torts of a beneficiary or subject to seizure or otlier
process by any creditor of a beneticiary.
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LAST WILL AND TESTAMENT
OF
EARL KUTZ,JR.
PAGE3
SEVENTH: PowersofExecutor. lnaddition[osuchpowersanddutiesasmayhavebecn
granted elsewhe�e in this Will or by law,but subject to any limitations stated elsewhere in this Will.
the Executor shall have and exercise esclusive management and control of the estate and shall be
vested with the following specific powcrs and discretion:
(A) In the management and disposition of the estate, the Bxecutor shall have the power
to do all things and to execute such inst�uments as may be deemed necessary or proper, including
the following powe�s, all of which may be exereised without order of or report to any court:
(1) l�o sell, exchange or othecwise dispose of any property at any time held or
acquired hereunder, at public or privare sale, f'or cash or on terms, without advertisement,
includin@ the right to lease foc any term notwi[hstanding the period of the estate.
(2) To invest all monies i� such stocks, bonds, securities, mortgages, notes.
choses in action,real estute or improvements thereon,and any other properiy as the Execuror
deems best, without regard to a�y law now or hereafcec enforced limiting investments of
tiduciacies.
(3) To �etain for imcstment any property deposited with the Executor.
(4) To vote in person oc by proxy any corpocate stock or other securiry and to
ageee to or take any other action in regard to any reorganization, merger, consolidalion,
liquidation,bankruptcy or other procedure or proceedings affecting any srock,bo�d,nore or
other secu�ity.
(5) i'o use attorneys, real estate brokers. accountaots and other agents if sueh
employment is deemed necessary. and to pay �easonable compensation for their services.
(6) To compromise, settle or adjust any claim or demand bv or against the estate
and agree to a�y rescission or modifieation of any eontraet or agreement affecting the estate.
(7) To renew any indebted�ess, as well as to borrow money, and to secure the
same by mortgaging,pledging or comcying any property of the estate, including the powee
m bonow from the Execum� at a reasonable rate of interest.
(8) To retain and carry on zny business in which the estate may acquire an
� inrerest,to acquire addi[ional interest in any such business,to agree to the liquidation in kind
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LAST WILL AND TESTAMENT
OF
EARL KOTZ.JR.
PAGE4
of any corporation in which the estace may have an interest and to carry on the business
thereof, ro join with other ownecs in adopting any fo�m of management for any busincss or
property in which the estate may have an interest,ro become or remain a partner, general or
limired, in regard to any such business or property and m hold the stock or other securities
as an investment,and to employ agents and confer on them authoriry to manage and opecate
the business, property oc eorporation, without liability for the aets of such agent or for am
loss,liability or indebtedness of such business if the management is selected or retained H�ith
reasonable care.
(9) �fo register any srock, bond o� other security in the name of a nominec,
withou[the addition ofwords indicating that such securiry is held in a fidueiary capacih�,but
accurnte records shall be maintained showing that such security is an estnte asse[, and tlie
Execuror shall be responsible for the acts of such nominee.
(B) In making distributions from the estate to or for the benefit of any minor or other
person under a legal disabili[y,Ihe Executor need not require the appointment of a guardian but shall
be authorized to pay or dcliver the same to the custodian ol�such person. to paq or deliver Ihe same
to such person without the intervention of a guardian. to pay or deliver the same ro a legal guardian
of such pecson if one has already been appointed,oc to use the same for the benefii of such person.
(C) In the disbursement of the estate a�d any division into separate shazes, the Execuror
shall be authorizzd to make the distribution and division in money or in kind, or both, regardless of
the basis for income tax purposes of any proper[y distributed or divided in kind,and the distribution
and division made and the values cstablished by the Executor shall be binding znd cmiclusive on all
personstakinghereundec "CheExecurormayinmakingsuchdistributionordivisionallotundivided
interests in the same property to several shares.
(D) The Executor shall be authorized to lend or borrow, including the right ro lend ro or
borrow from my estate,the estate of my spouse, or any trust created by me or my spouse during liCe
or by will, at an adequate rate of interes[ and with adcquate security, and upon such terms and
conditions as the F.xecutor shall deem Cair and cquitable.
(E) 7he Executor shall be authorized to sell or purchase at the fair market value, as
determined by the Executoc, any property to or from my estate, the estate of my spouse or any tr�st
created by me or my spouse during life or by will, even though the same person or corporation may
be acting as executor of my estate or the estate of my spouse os as Vustee of any of our trusts.
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LAST WILL AND TESTAMENT
OF
EARL KUTZ, JR.
PAGE 5
(F) The Lxecutor shall havc discretion to determine whethe�items should be charged or
c�edited to income or principal oc allocated between income and pri�cipal as the Executor may deem
equitable and fair under all the circumstances,to treat any part o�all of the p�ofit resulting from the
maturity or sale of any asset,whcther purchased at a premium or at a discount,as income or principal
or apportion the same between income and principal, to apportion the sales pcice of any asset
between income and p�incipal, to treat any dividend oc other distribution of any i�vestment as
income or principal, or apportion the same between income and principal, to chaege any expense
against income or principal oc appoRion the same, and ro provide or fail to provide a reasonable
rese�ve against depreciation or obsolescence o�any assets subject to dep�eciatio�or obsolescence,
all as the Execuror may �easonably deem equitable and just under all the circumstances.
(G) The Executor shall have diseretion to disclaim on my behalf any interest, in whole
or in part.in property passing(i)by intestate or testete succession,(ii)by intervivos transfer,(iii)by
joint tenancy or tenancy by the entireTy. (iv) from any life insurance polieies, annuities or other
accounts having designated beneficiaries, `pay on death`� beneficiaries or "transfe� on dcath"
beneficiaries, (v)under any trust, and (vi) from any other sou�ce. 'I�he Exeeutor shall be authorized
ro execute an appropriute writing and to pecform all acts necessary to make a qualified disel¢imer
as defined by the Intemal Revenue Codc and regulations.
EIGHTH: Riehts and Liabilitics of Exeeutor. No bond or othec securiTy shall be required
of the Executor. This inst�ument shall always be constcued in favor of the validity oC any act or
omi ssion by the Executoc The Executor shall not be liable for any aet or omission except in the ease
of gross negligence, bad faith or fraud. Specifically, in assessing Ihe propriery of any investment,
the overall performance of[he entire estate shall be taken inro aecount. The Exeeutor shall be
entitled to reasonable compensation for services ac[ually rendered to my estate and reimbursement
lor reasonable expenses incu�ced i� the performance of such services.
NIN1'H: Tax Elec[ions. In determini�g [he estate, inheritance and incomc tax liabilitv
relating to my estate,the Executor's decision as to all available tax elections shall be conclusive on
all concerned. If the Executorjoins with my spouse in hling income tax returns, or consenting 1'or
gifr tax purposes to having gifts made by eiiher of us during my life considered as havine been made
one-half by cach of us. any resulting liability shall be borne by my estate and my spouse in such
proponions as they may agree. In accordance with Intemal Revenue Codc §2632(a)(or its successor
provisions) and without regard to whether a federal estate tax return is actualty filed. the Executoc
shall allocate so much of the federal Generation Skipping Transfec(GST)exemption amount as will
fully exempt anv generation skipping transfer which may oecur under this Will.
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LAST WILL AND TESTAMENT
OF
EARL KUTZ. JR.
PAGE6
TENTH: DeGnitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Issue. In making a distribution to the issue of any person, the propetty to be
distributed shall bc divided into as many shares as there are living children of the person and
deceased children of the person who lef't children who are then-living. Each living child shall take
one shaze. and the share of each deceased ehild shall be divided among his then-living descendants
in the same manner. A posthumous child shall be conside�ed as living at the death of his parent.
(C) Other terms. Thc use of any gender includes the other gende�,and the use of either
the singular or the plural includes the other.
(D) PowersofA000intment. BythisWill, Icxe�ciseanypowersofappointmentwhich
[possess at the time of my death.
IN WITVESS WHF.REOF, I, EARL KUTZ,JR., the Testator, have to this my Last Will
and Testament, typewritten on seven (7) pages, including the Acknowledgment aod Affidavit, set
nry hund and seal this `�� day of m R . 20 5. -
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A LKU Z,JR. �
Signed, sealed, published and declared by the abovonamed Testatoc, as and for his Last lH'ill and
Testament, in the presenee of us, who have hereunto subsecibed our names at his request, as
witnesses hereto, in the presence of the said Tesletor, and in the presence oC eaeh other. Each of us
further declares that he believes the Testator to be of sound mind and memory. The p�eceding
instrument consists of this and six(6)other consecutivety numbered typewritten pages incl uding the
Acknowledgment and Affidavit.
��` � residing at � l"1 5 �w��� I�<G E��11ow ��
Signature of W ss V✓�ec�an,�`:,�o�u �� �i7 ��O�-�
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Print Namc of Witn s
�}.n�,�.Qp� .,� � residingat �l1 S �� rnh�F � .�ie� �ol�o� �c�
Signatureo i ess YY�e�1�yn�cS�u�c�, �� I�L``�j5
�5�,..\Ft� �hJlu'n
Print t�ame oC Witness
ACKNO W LEDGMENT AND AFFIDAVIT
COMMONWEALTHOFPENNSYLVANIA .
SS:
COiJNTY OF CUMBERLAND .
The Testator and the witnesses whose names are signed a�d subscribed to the altached or
foregoing instrument,bei�g firstduly sworn and qualified accordingto luw,do hereby acknowledge,
depose nnd say to the undersigned authority, that the Testator signed and executed the instrument
as his Last Will i� the presence of the witnesses; that he signed it willingly or willingly dicected
anothe� to sigo it for him; that he executed it as his tree and voluntary act for the purposes therein
expressed; that cach of the witnesses were present a�d saw the Testator sign and execute the
instmment as his Last Will; that each subscribing witness in the hearing and sight of the Testator
signed the will as wimesses; and that to the best of their knowledge the Testator was at Ihat time
eighteen ycars of age or older, of sound mind and under no constraint or undue influence. "
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Earl Kutz, Jc, Testator
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Signature of W' ss Signamre ot R ' ness
� +� T 4n r� � r�Q �'1�(l�L`� �Y'9')
Prin[ Name of W itness Print Name of Witness
Swom to or affimied, subscribed tq and acknowled�ed, befoce me by lhe above-named
Testator and witnesses, this��day of_ �� , 2015.
C MM NW � TH P P NNSYLVANU � � C�-LT ��
N°T°W'L s�u No arv Public
Karen Vafia,Nqary VubNc �
wp.�a�T.p.,c�e.n.�a coMy
My Camm�sion Evqre�Sapl 1d,f018
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