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HomeMy WebLinkAbout12-01-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of JEAN H. HERTZLER also known as Deceased. Social Security No. 072-18-2152 No. To: ~ 1- 05 - 0 1039 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner is 18 years of age or older and the Executrix named in the last will of the above decedent, dated February 10, 2003, and codicil(s) dated. (William T. Hertzler has renounced his right to serve as personal representative.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 1000 West South Street, Carlisle Borough. Decedent, then 86 years of age, died November 12, 2005, at 1000 West South Street, Carlisle, PA 17013. 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: None $ unestimated $ $ $ WHEREFORE, petitioner respectfully requests the probate of the last will and codicil( s) presented herewith and the grant of letters Testamentary thereon. ~~,,:;1. \\~~ = 246 Glendale Street ~ Q Carlisle, P A 17013 (717) 249-9463 <';:2 ~ i~j"''': o "., C-) ..1 ~-'.:J ill C, (-') _.:j'-~' _.....~J ~~_._) . rT'[ c:~ OATH OF PERSONAL REPRESENTATIVE . -:::--'" -.'e' ....., COMMONWEALTH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) ~ --.;".. : ~::.~=:~ .'+1 ~~ \.0 ~ \.0 '.J 'C"-l The petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent, petitioner will well and truly administer the estate according to law. ~~'~l'\\~ Sworn to or affirmed and subscribed before me this I ::) T day of ~~JA'~~~. flU VtVl ~ No. ~ -05 -0 I 03g Estate of Jean H. Hertzler, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, --D I?:' ( 0"Yl13 ffi ) 1 05 , 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 February 10,2003, described therein be admitted to probate and filed of record as the last will of Jean H. Hertzler and Letters Testamentary are hereby granted to Janice E. Hertzler. Will Book # Page FEES Probate, Letters, Etc. Short Certificates(l.) Renunciation \Ill LL \Ic{) (. Ar:. TOTAL Filed lDTitL- F:IFILESIDA T AFILEIEST A TESIl 0 150.4.1etters.tes.2 $ -.-110.00 $ e.D~ $ ,,:).0 $_15'RB $ 15, l 453.01) .- ~ Register of Wills p<AIVrYl ~~ Ivo V. Otto III, Esquire (27763) ATTORNEY (Sup. Ct. LD. No.) MARTSON DEARDORFF WITLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 H105.805 REV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local 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. 11932609 No. ~:?e=~ Fee for this certificate, $6.00 p NOV 1 5 2005 Date s.:) I"-;) =:> => <:.M o r't""l ("') I ::0 r'n C") CJ '=0 C) fT'" CJ C) . ~l'l "'n n t"n C) 'n 5.143 Rev. 2/87 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH 1..0 .s::- \D STATE FlLE NUMBER 5. 86 y,.. COUNTY Of DEATH SEX 2. Female SOCIAL SECURITY NUMBER 3. 072 18 -2152 DATE OF DEATH (Month. Day. Year) 4. November 12, 2005 NAME OF DECEDENT (Fi,." Middl.. Leat) 1. AGE (Last Birthday) BIRTHPlACE (City end State or Fa<eign COuntly) HOSPtT. 7.Brooklyn, NY :.-0 FACILITY NAME (If not institution. giwl street and number) --0 OOAO R_O ~M 0 RACE. American Indian. Black, Wlite, at (Specify) ~. Cumberland k. Carlisle Boro DECEDENT'S USUAL OCCUPATION (~~of~~~,,~ . 11L Homemaker 11b. Domestic DECEDENT'S MAILING ADDRESS (Street. CltyfTown. St8l.. Zip Code) DECEDENT'S ACTUAL RESIDENCE (Seelnstl1JCtions on other side) 10. White. :&.S DECEDENT EVER IN U.S. ARMED FOSS? YeaO Nola 12. 17e. Stale PA MARITAL STATUS. Married. N""&'~"?S=ed. 14. Married SURVIVING SPOUSE (tfwife, ~em.lden name) Hertzler 17c. 0 Yes, decedent lived in lwp. 17b. Countv Carlisle Estella Walker Citylboro. Leo Holcomb Janice Hertzler 17013 17109 a. PA'tV.fNSfmlS Ol M^ lJENCE '11Lf "L'lIiU~V j () ,;14tf.#JII II Sequentially list oondltions I b. W""y. leedlng to immediata caus.. Enter UNDERLYING CAUSE (Di..... or Injury c. thet initialed avants resulting on death) LAST d. WAS AN AUTOPSY 'MORE AUTOPSY FINDINGS PERFORMED? AVAILABLE PRIOR TO COMPlETION Of CAUSE OF DEATH? T ( MAC Nee Of); o MANNER OF DEATH DATE OF INJURY ~ (Month. OIly, Year) IKI Homicide 0 Accident 0 Pending Investigation 0 Ve. 0 No 0 ___ 0 0 301. 3Gb. M. 300. Yas 0 No \.0151 Sutclde COuld not be detarmlned PLACE OF INJURY. At home. farin, streat. factory, offica .............lSpedfyl 281. 2~. 2\1. 308. CERTIFIER (Check only one) SIGNA TU E N .~~\~~.:fJI;\~'I!~.l,~~~=t:s:m.'il'=:r.Wcter~~ra~~~.~~~.~~.~e~~.it~~?~)................. ~ 31b. LICENSE NUMBER DATE SIGNE~ (Monlh Day. Year) 'PRONOUNCING AND CERTIFYING PHYSICIAN (Physician both pronou1CIng desth and certifying to cause of <leeth) 0 '\.1.0 -OH 0 \' <0 -l..... I' I q.. I" ') To the best of my knOWledge, de8lll occurred 81 tile dme, date, end piece, end due to the cau"'(I) end me...... at8led............ .......... 31c. 31d. NAME AND AOORESS OF PERSON WHO COMPLETED CAUSE Of DEATH .., .MEDICAL EXAMINERlCORONER (Item 27) Typo or Print Wu..J-1 AIM. S. kAJ.A/?F'4t /QtA/ . p4y On the b8sls ole..mln8tion end/or Inv_g8tion, In my opinion, death occurred 81 tha dma, dete, end piece, end due to the causals) end I C\ 2.. l ~ - S' J1 rz /lji:> ~1\1r:1 31e~enneres_........................................................................................................................................................,... 0 32. C~\So....L fA l.tO I '} RE~IST R'S SIGNATURE ANI] N~BER DATE FILED (Month. Day. Year) ~ ~II ~I/ I' I 34. so- 33. /.:. TIME Of INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. Natural Y.. 0 No RENUNCIATION In Re Estate of Jean H. Hertzler, deceased. To the Register of Wills of Cumberland County, Pennsylvania. The undersigned William T. Hertzler, spouse ofthe above decedent and Executor appointed in the Last Will and Testament dated February 10, 2003, hereby renounces the right to administer the estate and respectfully asks that Letters Testamentary be issued to Janice E. Hertzler in accordance with Item Seven in the above-referenced Will. WITNESSmyhandthis JsT dayof J)-t(l/~ ,~ -{J ~/A.Jll.A -A..}-"" /' d ~,L'7' ~ - ..- William T. Hertzler 1000 West South Street Carlisle, P A 17013 Affirmed and subscribed before me this /sf day of ~. 2005 ~~ Public . NOTARIAL SEAL CORRINE L. MYERS, NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND MY COMMISSION EXPIRES MAY 27, 2007 ~ = = cJl CJ ;""Y") <:J I ~ \.0 .--r) fl. C) () -::0 ". ;'-"1 -:::'1 i::::j::l CJ "....') "'{1 -" f~~ () .s:- coy, \.0 F,\FlLESIDA T AFILElEsute PIlDDinIlIOISG-2.w.will LAST WILL AND TEST AMENT I, JEAN H. HERTZLER, of Carlisle Borough, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM FOUR hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO If my spouse, WILLIAM T. HERTZLER, is living thirty (30) days after my death, then I give, devise and bequeath all of my estate, both real and personal property, unto my said spouse, absolutely. If my said spouse does not so survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal property, unto my Trustee to be held or distributed by such Trustee under ITEM FOUR hereof. ITEM THREE In the event my said spouse shall disclaim all or any portion of any devise or bequest made to my spouse under the foregoing ITEM TWO, then the amount otherwise payable shall be held by my Trustee under ITEM FOUR hereof. For purposes of the Trust established under ITEM FOUR hereof, my said spouse shall not be deemed to have predeceased me by virtue of my said spouse's exercise of the right to disclaim set fQIih ) CC.) herein. ITEM FOUR RESIDUARY AND DISCLAIMER TRUST > . , My Trustee shall hold the assets received under ITEMS TWO and THRfSY??,. (;1 [~alS] ( ( , C"') Page 1 of 7 Pages any, for the following purposes: A. My Trustee shall pay the net income, at least quarter-annually, to my spouse, WILLIAM T . HERTZLER, for life. In addition, my Trustee, in my Trustee's sole discretion, may invade the principal of the Trust for the proper and adequate support of my said spouse. B. My Trustee shall further pay to my said spouse, annually, such sum from the principal of the Trust as my said spouse may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the Trust hereunder. C. Upon the death of my said spouse, or upon my death if my spouse shall not survive me by thirty (30) days, my Trustee shall distribute the principal of the Trust to my daughter, JANICE E. HERTZLER, absolutely. ITEM FIVE POWERS OF EXECUTOR AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executor and Trustee and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution. A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding ~)I [Initials] Page 2 of 7 Pages years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, j oint venture, joint ownership or other business enterprise of which I am a part at the time of my death; J ;9 . [Initials] Page 3 of 7 Pages L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: 1. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application of payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. P. To employ agents, attorneys and proxies and to delegate to them SUjrfY'e9.f' [Initials] Page 4 of 7 Pages as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SIX PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. ITEM SEVEN APPOINTMENT OF EXECUTOR AND TRUSTEE I nominate, constitute and appoint my spouse, WILLIAM T . HERTZLER, as Executor of my estate. In the event that my said spouse shall predecease me or fail to act as Executor, then I appoint my daughter, JANICE E. HERTZLER, as Executrix of my estate. I nominate, constitute and appoint my spouse, WILLIAM H. HERTZLER, as Trustee of any trust created hereunder. In the event that my said spouse shall fail or be unwilling to continue to act as Trustee, then I appoint my daughter, JANICE E. HERTZLER, as Trustee of any trust created hereunder. ITEM EIGHT WAIVER OF BOND I direct that neither my Executor nor my Trustee or their successors shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall y;xl fi , [Initials] Page 5 of7 Pages they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal!hi~ ,v;,,~ay of , 1+~'/q- r~8RV.-9R/ ,C;;;:::03. /~.' '4.,/0/f(' ~ (SEAL) Jean H. Hertzler SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other. ~~~ Cj.~,,,, T. u.~ Page 6 of 7 Pages COMMONWEALTH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) We, Jean H. Hertzler, ~tR.iLJtKd L. ~lJ9'fand :JtLA"I..,;t2.L E. ~-f2/~ the Testatrix and the witnesses, respectively, whose names are signed to the 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 the Testatrix has signed willingly, and that the Testatrix 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 a witness and that to the best of his /her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint ~r ur~e influence. '1I--c./?~' . yrr<-l-l' Jean H. Hertzler, Testatrix ~~~~ ~"<<- ~ ~ ~ ess Subscribed, sworn to and acknowledged before me by Jean H. Hertzler, the Testatrix, and subscribed and sworn to before me by &t.UU4~ .L. -S'ClLoy>p and :Jtt-n;'& i3.I-I-crT2../t?r , the witnesses, this /ti~y of ~~ ~()"3 . N~P:;'blif;:K ~~" j NOTARIAL SEAL CORRINE L. MYERS. Notary Public Carlisle Boro. CumberlandCounty M Commission Expires Ma 27, 2003 Page 7 of 7 Pages