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Home My WebLink About09-08-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Daniel K Stoltzfus No. :L'I - C S .... b~ also known as To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 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 or named in the last will of the above decedent, dated March 18. 1999 and codicil(s) dated N/A (state relevant circumstances, e,g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 499 S Shady Road Newburg PA 17240- (list street, number and municipality) Decedent, then 68 years of age, died Auaust 28. 2005 at 499 S Shady Rd. Newbura. Hooewell Townshio. Cumberland County. Pennsvlvania Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: 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: $ $ $ $ 10,000.00 o o o WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters testamentary thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) ~ ~ " u " " :s! "'~ " '" 0::'1:;' " -0 " " 0 C'I3 .;:: ~.- ~~ "ll. 3'- _ 0 '" 5i, Vi ~(}~ ~r2- / ~~L.< Amos Stoltzkls /' 499 S Shady Rd Newbura PA 172tO- C) .['- .', r"...." . > ) . , OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH 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 represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this 08 day of Seotember, 2005 ~~~!=.+- ~, Register ' X {~n~ '] " ~ao/:L ~ 1iQ' ;:, l:l i:: ~ ~ ,"-.,) ;.:",:";) L.~ C...i"l \../) "n r-r1 ,~ ,-) !i......,. , ., -,;1 I CO ..:....1 "J ."'-'1 - ,,' '.':-::J C~ -"'1 -:'1 , i'~) fTI ..---:> -(1 -:, (....) \ I No. ~1-o5 803 Estate of Daniel K Stoltzfus , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW September 08.2005 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 3/18/1999 described therein be admitted to probate and filed of record as the last will of Daniel K Stoltzfus and Letters Testamentary are hereby granted to Amos Stoltzfus w. \\ FEES \ 1::), <.J,) Probate, Letters, Etc.. . . . . $ L\5l'1 ') Short Certificates ( }...... $ ~ ('1""") _J)l'~~~~~1',.- .~$ Ji <..)tj j~f $ \O.(jU TOTAL _ $ e.:s <.) (,) Filed. . . 9 ". ~ . <-;'? . . . . . . . . . . . . . \,}d.hV\(~1.. ~Cl\u"\ lU",obtll..:&.\---. pJl" Register of Wills 'tr ~~ Forest N Myers, Esq. 18064 ~ ATTORNEY (Sup, Ct LD, No, 137 Park PI W ShiDDensbura PA 17257 ADDRESS 717.532.9046 PHONE (.;;) ;:~ (~~:;.; c., (.;:> i,;J I co ='9 (') "I ,'I (') h, -- .. Thi' is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Locll Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. Fee for this certificate. $6.00 p 11338170 4t z 't . '28{)-r ( , ,i"-.;) -(:~:'b c::.:t~ c..:..m Hl0S.143 Rev. 2187 ~J - OS 8(3 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE.oF DEATH C.-, ""1 ":;1 I CO "-r, C') 11 =,'~,I C") IT, TYPE/PRINT IN PERMANENT SU.CK INK Ie, Hopewell Twp. SEX 2. Male STA.TE FILE NUMBER SOCIAL SECURITY NUMBER NAME OF DECEDENT (First. Middle, las) L Daniel K. Stoltzfus AGE (last Birthday) UNDER 1 YEAR UNDER 1 DAY Monthe D.~ 3. 215 - 56 68 y,., Hou,. i "~U1" SIRTHPUCE (C,tyand PLACE OF DEATH ,Ct'oeck only one 'iee ,nSlrvcloQnS on CIne! SlOe) Stale or Fcre.gn Coonl'Y) HOSPITAL Leacock Twp. 'np,,,,,,,,O Lancaster CT ,PA 10. FACIUTY NAME (It no, Insl'TuIIOO, QI\leSlreel and numberl 499 S. Shady Rd., N~wburg ~=Ify)O 5. COUNTY OF DE.lJH ~\ . lb. Cumberland RACE - Amencan Indian, Bladl, Whit.. elc. ISpec"" DECEDENT'S USUAL OCCUp,IJl()N (~i:;~~~d~~r~r~ Harness Maker & . 11.. Self Employed 110. Farme DECEDENT'S MAtLlNG ADDRESS (51'"" CitylTown, State. Zip Codel MARITAL STATUS. Married N.....r Married, Widow.a, Divorced (Specify) ,.Married White SURVIVING SPOUSE III .....Ie. give maiden namal Cumberland Did -.. liYI!Ifl8 townShip? 17e,1Xl Vel, dece<*'t1i-..din 15. Mary S. Zook Hopewell nop, 499 S. Shady Road Newburg, PA 17240 ... FATHER'S NAME (First, Mic:ldla. Lasl) m Phares Stoltzfus INFORMANT'S NAME (T ypetPrint) ~. Mar S. Stoltzfus METHOD OF DISPOSITION Burial!KJ Cremalion 0 ethel, (Speclfyl DECEDENT'S ACTUAL RESIDENCE f$eelnstructlOl'\S on other Side) l7a.State Pennsylvania 17b, Coun ci1y1boro. fil '" :> '" <( :J <( PA 17240 Code 21c. LICENSE NUMBER 220. FD-011776-L To the best of my know~, death occurred althe tIme. dale and pla~ Slated (SlQnature and Tille) 230. TIME OF DEATH DATE PRONOUNCED DEAD (Month. Day. Year) DUE >e. I Approxlmat. : int8fVat betWMn I onset anctcleath I i Nooa 2.. 7: 15 A.. 25. 8/28/05 27. PART I: Enter lhe dls.ases, injuries or complications whiCh caused lhe death Do not anter the mode 01 dying, such as cardiac or respiratory arrest, shock or tleat1lailure List only one cause on each line. PART II: Other signiJlcanl condl&ion8 contributing to death. but not resulting in the uncIertying caUM gNan in PfJO" I 1')/1 { : DUE m (OR AS A CONSEOUENCE OF): DUE TO (OR AS A CONSEOUE NeE OF): WERE AUmpSY FINDtNGS A'lAILABLE PRIOR 10 COMPLETION OF CAUSE OF DE1\TH? MANNER OF DEATH DATE OF INJURY (Monltl, Day, Yeat) TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. Natural fS} o o Homicide Accident Pending Investigation o o o ~~'CE Of INJURY. All1ome. lar~,O:;eel.lactOfy, office building, etc. lSpecllv} _. ,., 0 NoD NO~ Ve.O No 'FfJ Suicide '0 Could not be delemuned .2". 28b. CERTIFIER {Check only CJnf!'1 'CERTlFYING PHYSICIAN (PhyslCl8n cerldVmg cause ol death wtlenanolher ohvs.CIQn has pl'onOl.Jnced death ana completed tlem 23) To the betit 01 m~ knowledU-, deMh occuned due to the c.u.e(a) and manner.e .t.I~. . 29. I- il) fil ~ o u. o w " <( Z '~==~r::~;~~~~~':.~::C~~~~~t(~~~:;, :~~~~~~;~~~ =~:t~~;~oc:'~~;~:(~j~~O~Oae::r a. .taled" 0 'MEDICAl EXAMINER/CORONER On the b..I. 01 examinaUon and/or invesllgation, in my opinion, dl!'ath occurred at thl!' time, date, and pia e, and due to the cause(s) and 31a.manner...tated....,..,.....,...,........,..,....... .'.....,........,..,... ..... .,.............,.,.......... REGISTRAR'S StGNATURE AND NUMBER ,. 'ii- iJ.'ioS' Law Office of FORESTN. MYERS * * * 137 Park Place West Shippensburg, PA 17257 (717) 532-9046 ) * * LAST WILL AND TESTAMENT *"*,; r--.) r-.:::) l.~'.;.) L;.,'l ,"I) '"I ) I Cc) ( -: , I, DANIEL K. STOLTZFUS, of Hopewell Township, Franklin CountYi~ehnsylvania, rev~~ my prior wills and declare this to be my Last Will: --- iTl (..-J FIRST: PAYMENT OF EXPENSES -I direct that the expenses of my last illness and funeral be paid from my estate as soon as may conveniently be done. SECOND: BEQUEST. I give, devise and bequeath the residue of my estate, real or personal, tangible or intangible, together with all insurance policies thereon unto my wife, MARY S. STOl TZFUS, and children, ANNIE STOl TZFUS, AMOS STOl TZFUS, FANNIE FISHER, JOHN STOl TZFUS, JACOB STOl TZFUS, EMANUEl STOl TZFUS, KA TIE STOl TZFUS, ISAAC STOl TZFUS, SARAH STOl TZFUS and BEN KING, husband of SADIE KING, my deceased daughter, provided they shall survive me by thirty (30) days, in as nearly equal shares as possible. In the event any child shall predecease me, survived by a spouse, his or her share shall be distributed to said spouse. THIRD: RESIDUE OF ESTATE. I give, devise and bequeath all the rest, residue and remainder of my estate unto my wife, MARY S. STOl TZFUS, and children, ANNIE STOl TIFUS, AMOS STOl TZFUS, FANNIE FISHER, JOHN STOl TZFUS, JACOB STOl TZFUS, EMANUEl STOl TZFUS, KA TIE STOl TZFUS, ISAAC STOl TZFUS, SARAH STOl TZFUS and BEN KING, husband of SADIE KING, my deceased daughter, provided they shall survive me by thirty (30) days, in as nearly equal shares as possible. In the event any child shall predecease me, survived by a spouse, his or her share shall be distributed to said spouse FOURTH: PROTECTIVE PROVISION . To the greatest extent permitted by law, before actual payment to a beneficiary, no interest in income or principal shall be (i) assignable to a beneficiary or (ii) available to anyone having a claim against a beneficiary. FIFTH: DEA TH TAXES. All federal, estate and other death taxes payable on the property forming my gross estate, whether or not it passes under this will, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. This provision shall not apply to any property over which I have a general power of appointment for federal estate tax purposes. SIXTH: MANAGEMENT PROVISIONS - I authorize my Executor, as follows: A. Retain/Invest: To retain and to invest in all forms of real estate and personal property, including common trust funds, mutual funds and money market deposit accounts and certificates of deposit, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification; B. Compromise: To compromise claims and to abandon any property which, in my Executor's opinion, is of little or no value; C. Borrow: To borrow from and to sell property to my wife or others, and to pledge property as security for repayment of any funds borrowed; D. Sell/Lease: 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 of leases; E. Capital Changes: To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; F. Distribute: To distribute in kind and to allocate specific assets among the beneficiaries (including any custodian hereunder) in such proportions as my Trustee may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. These authorities shall extend to all property at any time held by my Executor or my Trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities and discretion granted by this Will shall be in addition to those granted by law and shall be exercisable without court authorization. SEVENTH: EXECUTOR. I appoint my son, AMOS Z STOL TZFUS, Executor of my Will. In the event of the death, resignation, renunciation or inability of my son, AMOS Z STOL TZFUS to act as Executor, I appoint my son, JOHN STOL TZFUS, Executor of this, my Will. Neither my Executor, nor any successor shall be required to give bond IN WITNESS WHEREOF, I have hereunto set my hand and seal this I ~-il1 day of (fJArcJ. 1999. \ I< DANIEL K. STOLTZFUS, In our presence, the above-named Testator signed this and declared it to be his will, and now, at his request and in his presence and in the presence of each other, we sign as witnesses: ib D~rrl , ~~ L'L \\ye;\J---./ COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF FRANKLIN I, DANIEL K. STOLTZFUS, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my free and voluntary act for the purposes therein expressed. Ct DANIEL K. STOLTZFUS, T ,", ~t . "^' '.'" ..- : C." : :1 .. ..,..~.~': -~..:.... "" .~ ........ ,,,: ,.,.. p \}'O ~\'.'. t," .:,..... We, DANIEL K. STOLTZFUS, the Testator in and the undersigned witnesses to the Will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: la) that I, the Testator, do hereby acknowledge that I signed the instrument as my Will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and lb) that we, the witnesses, were present and saw the Testator sign and execute the instrument as his Will, that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses and that to the best of our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. cvvJ k DANIEL K. STOL TZFU '-~ iJJ~J ~~. & iJJV\.. ~ess ~1MJJ<,~~ Witness Subscribed, sworn to or affirmed, and acknowledged before me by the above-named Testator and by the witnesses whose names appear on this 1& h day of ~-'l.-;- 1999. -\- :k-~~ Notary Pub IC NOTARIAl. SEAL FOREST N lIVERS, NOTARY PU8UC BO~.J;;::.rt OF SHIPPENSBURG FRAIIUI coum ljY C01M;HSSION EXPIRES DEe 172001