HomeMy WebLinkAbout08-16-05
Register of Wills of Cumberland County
Estate of liNN ;n.
also lmown as
PETITION FOR PROBATE and GRANT OF LETTERS
J(lAtetZ No. eJ,/- Os-- D/~~
To:
, Deceased.
Social Security No. 17 {- /)., - , ~ :J- 7
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the
above decedent, dated I ~ {JA 'I ;Y If '" c.... R-(';; / 9 'i J , 20
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in f;!:,~'~:"" (!u./h ~ l,-fV.D
Pennsylvania, with h last family or principal residence at
1'1 II~ ",;).,t/ LC(}/J (lll-d,s foe fJ A /711 I J
, (list street, number and municipality)
Decedent, then JL years of age, died A-~U.i 'T 5' ,20~, at /,g3S
Except as follows, decedent did not marry, as not dIvorced and dId not have a chlld born or adopted after
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execution of the will~offered or probate; was not the victim of a killing and was never adju<(li~ated inconygtent:
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County,
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Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
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$"', 'I -:J
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WHEREFORE, petitioner(s) respec~request's) the probate of the last will and codicil(s) presented
herewith and the grant ofletters :.e ~r
stamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
~S) ofPetitioner(s)
M (J l~
Residence s) of Petitioner( s
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~'6 G~"",v.,,\~ ~~. '{\\Q..."-U~,,\ ~Q, \/07 'f
Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYLVANIA
}
ss:
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above
decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affmne~ and escribed {/.. ~ fJ ~
Beforelie, t~; I Lrt -ty of
~d- ,200 I- ~ ~
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~~ No.81-0S--0/~?
Estate of ClAl.J1 (Y, K,t L"''t :V~ ' Deceased
DEC~ OF PROBATE AND GRANT OF LETTERS
AND NOW ~-\. I'IP 200<;;" m ,oru;id=tion of fue petition on fue revem ,'de
hereof, satisfactory.Ero fhaving been presented before me, IT IS DECREED that the mstrument(s), dated
\ - \ &.. - C{ S , described therein be admitted to probate filed of record as the last will of
~f"\ ,0'"' \~ ; and Letters are hereby granted to ""''- C \->0-.'-'< \ '"? 'K\J X-+ ''''CJ 0--1'>."\
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FEES
Probate, Letters, Etc. .............
Will ........... .. . .. . .. .. . . .. .. .. ....
Automation Fee...................
Bond. . .. .. . . .. . .. . . . . .. . . . . .. . .. .. .. .
Total
Filed 8 -r"6
$
$
Renunciation... . . . . . . . . . . . . . . . . . . . . $
Short Certificates ( ).. .. .. .. .. .. $
JCP.................................. $
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Tilh IS to certify that the information here given is correctly copied from an original ce~~.ific~te of death du~t filed with
. .. II be t'ol'warded to the State Vital Records Office tor permanent fIlIng.
L(lL ell Registrar. The original certIfIcate wi
WARNING: It is illegal to duplicate this copy b~ photostat or photograph. ,'~~
me as
p
11949525
No.
Fee for this certificate. $6.00
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH . VITALi RECOR~c~
CERTIFICATE OF DEATH : srAre 'U"""IE.
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N.<ME OF O~CEDENT {F.s~ MIddle. ""1 SEX
1. .l\nn l".arie Kurtz 2.Female
AGE. (Las' 8Inhd~y) BIRTHPLACE (City and P AFT
State or For'Wgn Country) HOSPI Al..:
S. 71 v~c Mt. Cannel,PA '-"'Ii& ..._0 (~l 0
T. ea.
CCUNTY OF DEATH FACILITY NAME (II nOl in5tiWtion. give street ard number) RACE. American Indian, Black. WMe. 81
. Dauphin (Spe<iIy)
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OCCEDENrS USUAL OCCUPATION KINO OF BUSINESS I 'NOU8T~V AS DECEDENT €YElliN DECEDENrS EDUCATION MARITAL STAl\JS. Morriod. SURVIIIlNG SPOUSE
(GiontllnctafwolkdCf1ed~tnOet U,S.ARMEOFORCES? (Sp.at)'only , ~) I NeYw....nied.Widowed. (IfWl"'giloe~""')
nN.._...,....Ol_-1 Health Care 0 e!P' c_ c~... I Oivorood(~) . _.,
v.. No , 1:t;--''~~~'~12,-- ,_._(','''''''L__ ~14:--~iea------'~f.yde-R;--xurtz,Jr.
~f.Et;E>4T'SMAllINGAOORgSS (Slree~ GilylT';:'~ StoIAl. ZIp code) DEcEcENr~ . U,
17.. Stale PA Did n.. ~ V~ __ in S. Middleton
. 19 Hende.1l 1~ ~~~NCE ~e;e:~nl I
~lisle, Pa. 17013 ~~ 17b.CounlY -:CUmberland ..........? 17d.o ~~'=oI
F~TH~'E IFhl. f,t;ddle, lul) MOTHER'S NAME (F..~ Middle. Maiden Sumeme)
11. Arthur A. JOyce It. Elizabeth Ann Hogan
INFOAMAAi;5 N.<ME C!~P,irll) . INfORf,IANI'S MAlLINe, ADDJlESS ISlree~ ClYIT~ _... ZIp <;Qc!e)
_Clyae R. :Kurtz, Jr. 20b.1 LOngsaorr way" l:an.loSl."', .l:'a. 17013
. MeTHODoFtiiiPOSl8r ~ 0 ~~O:~SPOSITloN.N.meol~,CIomalo<y LOCAllON.aylT...n.S.....ZIp~
<:JenetionO - er..- >I from Slele 0 ~gm;t"'12 2005 ndiantcMl GapNational Cern. Annville, Pa.
~ 27L.. 01Jer (~) _ Rb:'':' 21.:. ,21d.
. S OF !cUNE SER\lIC CE ACTING AS SUCH L'CEN~NU!A~ N.4ME ~~(8~RESS 9I!fAClLn::t. .
. 22a. 22b. FD-UlU649-L ol.J.I. F.H.;m::.,G100 Lin;j1e:ltD.n M, H:g, Fa. 17110
LICENse NUMBER DATE SIGNED
(""""".Day. V_l
23b. 23c.
WAS ~E RUERRED TO A MEDICAL EXAMINER ICOAONER?
28. v.. 0 No :(]
; __Ie PART U: 001>. olgniIIcent -. c:onlNlUllno '" -.. but
. interval notlHUlting in II>e lO1deflying couse gMo\ in PART ~
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SOCIAL SECU~ITY NUMBER
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WAS AN AllTOPSY WERE AUTOPSY FINOINGS
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DESCRIBE HOW INJURV OCCURRED.
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REGISTRAR'S SIGNATURE"'"' NUIIBERL2
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"PRONOUNCING ""0 CERnF'fINO PHYSICIAN (PIlyoldnn baU. \l<OI\OUIIClno de... "'" C8fIIIyIng to _eo 01_) LICENSE NU~R .0
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......."E AND AD RESS OF PEIlSON WHO COMPlETED CAUSE OF OEATH
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Register of Wills of Cumberland County
Estate of AN (J In It-rl ~ k t.c.,e T z...
Also known as
RENUNCIATION
No. ~l-O's- 67 8- 55
, deceased
To the Register of Wills of Cumberland County, Pennsylvania
The undersigned (! t. '1 ) ol. R . ~ ra-TZ- /I-'d ~ M)
(Name) (Relationship) (Capacity)
of the above decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters 1- -L S T If ^"" -<-rv ~ "'1
be issued to
Witness my/our hand(s) this I '" day of
~ ~rmed and subscribed before me this
"'7"
dayof ~..p~f~:)~ ,
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Notary Public
My Commission Expires:
Or
Affirmed and su
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Register~ of~Ils . " ~ J
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Deputy. \
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission)
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LAST WILL AND TESTAMENT
OF
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ANN MARIE KURTZ
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I, Ann Marie Kurtz, presently residing and domiciled in the
Borough of Dauphin, Dauphin County, Pennsylvania, being of sound
mind and disposing memory and not under the restraint or undue
influence of any person, do make, publish and declare this to be
my Last will and Testament, hereby revoking all former wills and
codicils executed by me.
ITEK I: I hereby direct that all my just debts, including
unpaid charitable pledges whether or not the same are legally
enforceable obligations of my estate, the expenses of my last
illness, funeral and burial, and the cost of a suitable marker at
my grave, and the taxes or other expenses in connection with the
probate of this Will and administering my estate, shall be paid
by my Executor, hereinafter named, from my residuary estate as
part of the expense of administration of my estate.
ITEK XX: I hereby nominate and appoint my husband Clyde R.
Kurtz, Jr., as the Executor of my estate. In case of his death,
C:\WP51\CD\Ann.wi1
November 8, 1994
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either before or after mine, or if he should resign or be
disqualified or unable to act, or be removed, then and in such
event I nominate and appoint my son Michael Kurtz of Dauphin,
pennsylvania and my daughter Joyce Kurtz of Newport,
Pennsylvania, as Co-Executors, and confer upon them in such
capacity all of the rights, privileges, and powers which I have
given unto my husband as Executor.
ITEK III: I devise, bequeath and appoint to my husband,
Clyde R. Kurtz, all of my property, or every nature and wherever
situate, providing he shall survive me by sixty days.
ITEK IV: Should my husband predecease me or die on or
before the sixtieth day following my death, I devise and bequeath
my estate of every nature and wherever situate to my children,
Gary Kurtz, Michael Kurtz, Arthur Kurtz, and Joyce Kurtz or those
of their issue who survive me on the sixty-first day following my
death in equal shares, share and share alike. However, as my
sons Gary and Michael and my daughter Joyce have jointly
purchased a parcel of land comprised of ten (10) acres more or
less, currently held in the name of Gary Kurtz, and as one of
them may wish to purchase the interests of my other children
named above but have insufficient funds to do so, I direct that
the funds necessary to buyout the remaining equitable owners at
the fair market value of their interest be paid from my estate
with a corresponding reduction in the share to which he or she
C:\WPS1\CD\Ann.wil
November 8, 1994
2
may be entitled pursuant to this paragraph. Should they so
desire, and if municipal ordinances permit, they shall have the
option to subdivide the land into proportionate shares. In such
event, the conditions expressed in this paragraph shall not be
operative, and my children shall be entitled to share in my
estate on an equal basis with no reduction.
ITEM V: If any beneficiary hereunder should die within
sixty (60) days after my death, he shall be deemed to have
predeceased me for all purposes hereunder.
ITEM VI: My personal representatives, trustees, and
guardian of any minor children, shall have the following powers
in addition to those vested in them by law and by other
provisions of my Will, applicable to all property, including
property held for minors, whether principal or income,
exercisable without court approval, and effective until actual
distribution of all property:
A. To retain any or all of the assets of my estate,
real or personal, without regard to any principle of
diversification, risk or productivity.
B. To invest in all forms of property without
restriction to investments authorized for Pennsylvania
fiduciaries, as they deem proper, without regard to any principle
of diversification, risk, or productivity.
C:\WP51\CD\Ann.wil
November 8, 1994
3
c. To sell at public or private sale, to exchange or
to lease, for any period of time, any real or personal property
and to give options for sales, exchanges or leases, for such
prices and upon such terms or conditions as they deem proper.
D. To allocate receipts and expenses to principal or
income or partly to each as they deem proper at their sole
discretion.
E. To borrow money from any person or institution,
including any Executor or Trustee and to mortgage or pledge any
or all real or personal property as my executors and trustees in
their sole discretion shall choose.
F. To compromise any claim or controversy.
G. To exercise any option, right or privilege granted
in insurance pOlicies or in other investments.
H. To repair, alter or improve any real or personal
property.
I. To distribute in cash or in kind or partly in each
at valuations fixed by the Trustee.
J. To purchase investments at premiums and to charge
premiums to income or principal or partly to each.
K. To subscribe for or to exercise options for
stocks, bonds or other investments; to join in any plan of lease,
mortgage, merger, consolidation, reorganization, foreclosure, or
voting trust and to deposit securities thereunder; and to
generally exercise all the rights of security holders or
employees of any corporation.
C:\WP51\CD\Ann.wil
November 8, 1994
4
....
L. To register securities in the name of a nominee or
in such manner that title shall pass by delivery.
M. To assume continuance of the status of any
beneficiary with reference to death, marriage, divorce, illness,
incapacity, or other change in the absence of information deemed
reliable, without liability for disbursements made on such
assumption.
N. To add to the principal of any trust created by
this instrument any real or personal property received from any
person by Deed, will or in any other manner.
o. To exercise all power, authority and discretion
given by this instrument after the termination of any trust
created herein until the same is fully distributed.
P. To employ attorneys, accountants, engineers and
such other persons, professional or otherwise, as may be
necessary for the proper administration of this estate and to pay
their compensation from such funds.
Q. I authorize my personal representatives to pay an
amount which they shall determine as proper and reasonable to
compensate the guardian of the person of any minor beneficiary.
It is my desire that whoever should assume the responsibility of
raising minor children should be properly compensated from my
estate or any Trust created herein.
ITBN VII: If my husband and I shall die under such
circumstances that the order of our deaths cannot be established,
C:\WPS1\CD\Ann.wil
November 8, 1994
5
i
it shall be conclusively presumed for all purposes of this will
that I survived my husband.
ITBK VIII: I direct that my personal representatives,
trustees, and guardians, as well as their successors, shall not
be required to give bond for the faithful performance of their
duties in any jurisdiction.
ITBK IX: I direct that as soon as practicable after my
death, and before embalming, my body be placed in the hands of
the Humanity Gifts Registry of the state of Pennsylvania or the
nearest medical school in the event death occurs outside of
Pennsylvania. Such institution shall use my eyes and other
appropriate body parts for restorative purposes in living persons
and shall store any tissue that can be preserved for subsequent
restorative purposes in living persons. In accordance with this
paragraph, I, Ann Marie Kurtz, have executed a Uniform Donor
Card.
COMMONWEALTH OF PENNSYLVANIA:
ss
COUNTY OF ~A\:if \--\ \ 1---\
We \<,\\t:l.. M. W'l~oc:...k..\ ~D\-\.,,\..\\ W'l~oc...\c:..\
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and Ann Marie Kurtz the testator and the witnesses, whose names
are signed to the attached or foregoing instrument, being first
duly sworn and qualified according to law, do hereby declare to
the undersigned authority that we were present and saw the
testatrix sign and execute the instrument as her Will, and that
C:\WPS1\CD\Ann.wil
November 8, 1994
6
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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 witnesses and
that to the best of their knowledge the testatrix was at that
time eighteen years of age or older, of sound mine and under no
constraint or undue influence; and I, the said testatrix, do
hereby acknowledge that I signed and executed the instrument as
my Last will, that I signed it willingly, and I signed it as my
free and voluntary act for the purposes therein expressed.
~~/;e- ~
Testatrix
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Sworn and subscribed to before me
this \<-~ day of ~~I-J 19~.
Notarial Seal
John A. Reichard, Jr., Notary Pul:ic:
Dauphin Boro, Dauphin County
My Commission Expires March 23, 1 g;p
Member, pennsylvaniaAssocialion of Notaries
C:\WP51\CD\Ann.wil
November 8, 1994
7
\
FINANCIAL POWER OF ATTORNEY
KNOW BY ALL MEN BY THESE PRESENTS, THAT I, Clyde R. Kurtz, Jr, of the
Commonwealth of Pennsylvania, appoint Michael Kurtz, my true and lawful agent, for me and in
my name and on my behalf generally to do and perform all matters and things, transact all
business, make, execute and acknowledge all contracts, orders, deeds, mortgages, notes,
writings, consents, releases, assurances and instruments which may be requisite or proper to
effectuate any matter or thing appertaining or belonging to me, with the same powers and to all
intents and purposes with same validity as I could, if personally present; hereby ratifying and
confirming whatsoever my said agent shall and may do by virtue hereof. In addition, I hereby
nominate the same person in order named as the guardian of my estate if incapacity proceedings
are subsequently commenced as to my estate.
power:
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
The power granted hereunder shall include BUT SHALL NOT BE LIMITED TO the
I.
2.
To make gifts on my behalf to anyone
To make gifts to charity but only to continue a pattern of charitable giving
previously established by me.
To create a trust for my benefit.
To make additions to an existing trust for my benefit.
To claim an elective share of the estate of a deceased spouse of mine.
To disclaim any interest in property.
To renounce fiduciary positions.
To withdraw and receive the income or corpus of a trust.
To engage in real property transactions.
To engage in tangible personal property transactions.
To engage in stock, bond and other securities transactions.
To engage in banking and financial transactions.
To borrow money.
To enter safe deposit boxes.
To engage in insurance transactions.
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16. To engage in retirement plan transactions.
17. To handle interests in estate and trusts.
18. To pursue claims and litigation.
19. To receive government benefits.
20. To pursue tax matters.
21. To pay my bills and to arrange for the care and protection of my property.
22. To make an anatomical gift of all or part of my body.
23. To make copies of this Power of Attorney and to certify and deliver the same to
any person, corporation, partnership, bank, association or government agency
requiring the same. All persons and other entities accepting a copy hereof, so
certified, shall be as completely protected as if the original of this instrument had
been delivered to them or it.
24. To delegate all or anyone of more of the powers hereunder to such person or
persons as the agent may designate, with such restrictions in scope or time as may
be specified in designation.
25. To appoint one or more individuals as successor agent or agents with all the
power and authority of anyone named above or with such restriction in scope or
time as may be specified in the appointment.
No third person or entity dealing with any of my said agent, or his or her successors or
designees, shall have the duty to inquire as to the extent of said agent's or designee's authority,
and may rely upon the continuance of this power until he, she or it shall have received written
notice of its revocation or my death.
This Durable Power of Attorney shall not be affected by my disability or incapacity and
shall not be affected by the passage of time.
This Power of Attorney shall be governed by and construed in accordance with Chapter
56 of the Pennsylvania Probate, Estates and Fiduciaries Code (20 Pa. C.S.A. Section 5601 et
seq.) as amended, regardless of the jurisdiction in which it may be presented.
.
.
If Michael Kurtz is unable or unwilling to continue to serve as my agent hereunder, I
appoint Joyce K. Rinker as my successor.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
-Aro vA-- ' in year of our Lord two thousand and Five (2005).
~ day of
,iljJ. Pj
( /A~_/~/a)~ /0-'vv.. e',
Clyde R. Kurtz, JI.
(SEAL)
COMMONWEALTH OF
PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
On this, the/f day of ~ ,2005, before me, the undersigned officer,
personally appeared Clyde R. Kurtz, JI. known to me (or satisfactorily proven) to be the persons
whose name is subscribed to the within instrument, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
mmonwe Ith of Pen Ivania
NOTAA1At SEAL
~ANIEL N. HARTMAN, Notary Public
City of Harrisburg, County of Dauphin
My Commission Expires June 27, 2009
'.
ACKNOWLEDGEMENT
I, Michael Kurtz, have read the attached Power of Attorney and am the person identified
as the Agent for the principal. I hereby acknowledge that in the absence of a specific provision
to the contrary in the Power of Attorney or in 20 Pa. C.S. when I act as Agent:
1. I shall exercise the power for the benefit of the principal.
2. I shall keep the assets of the principal separate from my assets.
3. I shall exercise reasonable caution and prudence.
4. I shall keep a full and accurate record of all actions, receipts and disbursements on
the behalf of the principal.
Date:
i5 /hA(;f,fS'1 jooS
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Michael Kurtz, Agent
ommonw alth of Pe
NOTARIAL SEAL
DANIEL N. HARTMAN. Notary Public
City of Harrisburg, County of Dauphin
My Commission E~iTes June 27. 2009