HomeMy WebLinkAbout03-27-06
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of PEARL M. GITT No. 21-06- DLw2
also known as To:
, Deceased.
Register of Wills for the
County of CUMBERLAND
Commonwealth of Pennsylvania
in the
Social Security No. 177-16-1511
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut RIX
in the last will of the above decedent, dated JULY 29. 1993
and codicil(s) dated NONE
TYRONE K. GITT, CHARLES E. GITT, JR., AND KIRK A. GITT, OTHER SUBSTITUTE
EXECUTORS NAMED IN THE WILL, RENOUNCED IN FAVOR OF PETITIONER LEILANI G.
named
Continued on a Separate PaQe
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with
h ER last family or principal residence at 523 CHESTNUT STREET. MT. HOLLY SPRINGS.
PENNSYLVANIA 17065 (BOROUGH OF MT. HOLLY SPRINGS)
(list street, number and municipality)
Decedent, then 83 years of age, died 3/17/2006
at THORNWALD HOME. CARLISLE. CUMBERLAND COUNTY. PENNSYLVANIA
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: NONE
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
(Ifnot domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
523 CHESTNUT STREET, MT. HOLLY SPRINGS, PA 17065
$
$
$
$
5.000.00
55.000.00
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters TESTAMENTARY
thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
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LEILANI G. STAMM
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19 WEST PINE STREET
MT. HOLLY SPRINGS
PA 17065
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OA TH OF PERSONAL REPRESENT A TIVE
COMMONWEALTH OF PENNSYLVANIA} LEILANI G. STAMM
COUNTY OF CUMBERLAND SS
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 p.etitioner(S) will well and ~er the ~tate according to law.
Sworn to or affmTI,. ed and SUbSC. nbed {( 7J ~~
before me this '~~ day of
MARCH 2000
.J.1i!.RJl jAl ~())~~M1LlAhut.aJ..-;
flt"IT~J./0-: Register O'
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Continuation of Petition for Probate and Grant of Letters
PEARL M. GITT
21-06-
Page 1
Relevant Circumstances
STAMM. HUSBAND CHARLES E. GITT, SR., PREDECEASED ON NOVEMBER 11,1997.
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,'----.,
No. 21-06- 02-&2
Estate of PEARL M. GITT
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW MARCH . 2006 , 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 7/29/1993
described therein be admitted to probate and filed of record as the last will of PEARL M. GITT
and Letters TESTAMENTARY
are hereby granted to
LEILANI G. STAMM
FEES
/~5'. 00
Probate, Letters, Etc. . . . . $ :..J
'7 11...00
Short Certificates (.J }...... $
( ) J:) 00
Renunciation. .3. . . . . . . . . . $
'Nill) yep." auto $ 30.00
TOTAL _ $ jQ1...oC>
. NrJJCh 27-1h 2..00~
FlIed. . . . . . . . . . .). . . . . . . . . . . . .
- tiJJUI~~. ~
~ J Register ofWil1s--Pl~ ~U~
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ROG~R M. MORG~THAL
17143
ATTORNEY (Sup. Ct. I.D. No.)
2515 NORTH FRONT STREET
HARRISBURG PA 17110
ADDRESS
(717) 909-4383
PHONE
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Thj '. 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.
Fee for this certificate, $6.00
No.
L.i:"Nl ~. ~~&.~
Local Registrar
p
12270411
MAR 2 0 2006
Date
--,.,j
H105.143 Rev. 2/87
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
TYPE/PRINT
IN
PERMANENT
BLACK INK
CERTIFICATE OF DEATH
NAME OF DECEDENT (First, Middle. Last)
1. Pearl M. Gitt
AGE (Last Birthday)
SEX
j'ernale
STATE FilE NUMBER
SOCIAL SECURITY NUMBER
3. 1 77 - 1 6 1.511
OAT) / f'1i~~'6>ay, Year)
4.
fil
(/)
::)
(/)
<
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5.
o COUNTY OF DEATH
83
Yrs.
PLACE OF EA TH Check on one - see 'nstructions on other sid
HOSPITAl: OTHER:
~;.tient D N~'"",": [1
FACILITY NAME (If not institution, give street and number)
Reaidance D ~~:aly) D
RACE - American Indian, Black, White. et .
(Specify) Whi te
;<1
. &;;.umber land.
DECEDENTS USUAL OCCUPATION
(~r:o~fn:\~i ~lau~~Y~~3t
. lla. House llb.
DECEDENTS MAILING ADDRESS (Street, CitylTown. State. Zip Code)
10.
MARITAL STATUS - Married.
Never Married, Widowed,
wi aowM~ify)
14.
17a. State PCl"lfl3)i 1 ~y"aHia ~~~edent Iwp.
. live In a
17b. Countvrnmhprl.1nn township? 17d.Ga ~~~e:~~~li~jr~of Mt Holl V Sorinqs citylboro.
MOTHER'S NAME (First, Middle, Malden Surname)
19. Mary Hefflefinger
~~:~Rf~TS~~ILlN~ fg~ssgr:t, c~m:"' si'fo ,:rye) S pr i ngs , P A 1 70 6 5
PLACE OF DISPOSITION- Name of Cemetery, Crematory LOCATION. CitylTown, State, Zip Code
orOtherPMt. Holly Springs Mt. Holly Springs,PA17
21c. 21d.
Hol 1~rig~~~if&s~t~W.~1:ory Mt.
LICENSE NUMBER
SURVIVING SPOUSE
(If wife, give mak:len name)
65
5
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Other significant conditions contributing to death, but
not resulting In the underlying cause given in PART I.
DUE TO (OR AS A
aG-' l h~
Sequentially "st conditions b.
if any. leading to Immediate
. . cause. Enter UNDERLYING
CAUSE (Disease or injury {. c.
. that initlatad events
resulting on death) LAST d.
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
DUE TO (OR AS A
DUE TO (OR AS A CONSEQUENCE OF):
MANNER OF DEATH
Natural
~
o
D
DATE OF INJURY
(Month. Day, Vaar)
TIME OF INJURY
Homicide
D
o 30a. 30b. M.
o PLACE OF INJURY - At home, farm, street, factory, office
building. atc. (Specify)
30e.
INJURY AT WORK? DESCRIBE HOW IN.jURY OCCURRED.
~'l(,..f tbl1. .t,. ~4""7
Yes 0 No 0 iA.-ol- ~
30c. 3Od.
LOCATION (Street. CitylTown. State)
3ot.
F CERTIFIER
'. ~}
~
ACCIdent
Pending Investigation
Yes 0 No ~ Yes 0
28a. 28b.
CERTIFIER (Check only one)
'~;~~F~~tGor~~~~~Ji;':r.~~a, ~~~i~~caJ'~ te:! g,e:~~~:~(:r~~:r;g~X~i;~~sh:t~~~~~~~.~~a~.~~~.~.~~~~~.i~~~.~~~ ....... ..........
NoD
Suicide
Could not be determined
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NAME AND ADDRESS OF PERSON WHO COMPLETED C USE 0 DEATH
"MEDICAL EXAMINER/CORONER (Item 27) Type or Print i' ".-u... '-.. ' _ S ~r,..l P ,'C;.(,_tlL"
On the besis of examInation and/or Investigation, in my opinion, death occurred at the time, date, and place. and due to the causes(s) and .. ?' (\0'1,.. . ~ '1 1'\ v ~
31a~enneras steted............................................................................................................................................................ 0 32. ?Cm ^,:::! '1~~1' I.~~~~, ,)- 17':;v..'
REGISTRAR'S SIGNATURE AND NUMB r- t\ ~ \ DATE FILED (Month, Day, Year)
~. ~eu..C;X\.\.u'\.l)-ot.N ,J ~"I ) 1d.1' 101 34. N CSJ (~ at> ~()()~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
RENUNCIA TION
Estate of PEARL M. GITT
No. 21
2006
also known as
, Deceased
The undersigned, CHARLES E. GITT, JR.,
SON AND A NAMED EXECUTOR
(Relationship) (Capacity)
of
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters TESTAMENTARY be issued to LEILANI G. STAMM, MY SISTER
Witness MY
hand this
day of MARCH
2006
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(Address)
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(Signature)
(Address)
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(Signature)
(Address)
Sworn to or affirmed and subscribed
before me this [27
r."....~~NI'Tl-A..n~" ,\I ~EAI
.~ U , 1n"-. v rl.L
I LOIS E SNYDER Notary Public
I,."'. Cr~ri:::e~~ro. Curnber~~~~" C, OlJ~~ ~.I
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')~~""~~'~<:->i-k~':'~"'':;_'_-~~';';i~.:,~'<1H'.f.-ll'.f;i,''.#...:~,;;:."..J.:~~fw"""f.a',;,;';Q.'~;-;:-~A~iaJ'U""'~f_!~tS'i,'~
Notary Public
My Commission Expires:
(Signature and seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's commission.)
NOTE: Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
RW-3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
RENUNCIATION
Estate of PEARL M. GITT
No. 21
2006
also known as
, Deceased
The undersigned, KIRK A. GITT,
SON AND A NAMED EXECUTOR
(Relationship) (Capacity)
of
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters TESTAMENTARY be issued to LEILANI G. STAMM, MY SISTER
Witness MY
hand this
day of MARCH , 2006
~9~~
(Signature)
y Cq:J'Tw ~'ck (q~/ -p CQ/ (: 7're
(Address)
(Signature)
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(Address)
(Signature)
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(Address)
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Sworn to or. affirmed ,:Arid subscribed
before me th is
:'.'1.~1 1
I NOT AR!AL SEAL
LOIS E. SNYDER, Notary Public
, M~;'~~I~i~~i~~ ~~:~~r~:~C~~~~9
h._.;.~~~)!";~>''''''fI\~a'~~;'~JIil.-''
Notary Public
My Commission Expires:
(Signature and seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's commission.)
NOTE: Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
RW-3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
RENUNCIATION
Estate of PEARL M. GITT
No. 21
2006
also known as
, Deceased
The undersigned, TYRONE K. GITT,
SON AND A NAMED EXECUTOR
(Relationship) (Capacity)
of
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters TESTAMENTARY be issued to LEILANI G. STAMM, MY SISTER
Witness MY
hand this
day of M~RCH I 2006
!/'-1~~?/
f / ' (Signature)
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( ddress)
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1761
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(Signature)
(Address)
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(Signature)
(Address)
Sworn to or affirmed and subscribed
tt27
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NOTARIAL SEAL
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
, My Commission Expires March 5, 2009
Lot.";;:,:E-~:lj;(~)~i!-_~i\I''-;7l!~~~r-,"':::f;*>-:.1/,H:il'~~-1~ iffr:t -~.~~
Notary Public
My Commission Expires:
(Signature and seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's commission.)
NOTE: Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
RW-3
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LAST WILL AND TESTAMENT
OF
PEARL M. G/IT
I, PEARL M. GITT, of 523 Chestnut Street, Borough of Mt. Holly Springs,
Cumberland County, Pennsylvania, declaie this instrument to be my Last Will and
Testament, in manner and form following:
FIRST:
I hereby expressly revoke all Wills and Codicils heretofore made by
me.
SECOND: I hereby direct my Executor to pay all my just debts, funeral and
administrative expenses out of my estate, as soon as practicable after my death.
THIRD:
I direct that all taxes which may be assessed in consequence of my
death of whatever nature and by whatever jurisdiction imposed shall be paid out of my
estate as a part of the administration of my estate.
FOURTH: Should my husband, CHARLES E. GITT, survive me by thirty (30)
days, I give, devise and bequeath all my estate, real, personal and mixed, whatsoever and
wheresoever situate, to my husband, CHARLES E. GITT. Should my husband,
CHARLES E. GITT, predecease me, or should not be living on the thirty-first day
following my death, I give, devise and bequeath the remainder of my estate as follows:
A. I give and bequeath such of my personal property as may be listed
on an unsigned memorandum kept with my Will to persons named
thereon, provided they survive my death. Should such a
memorandum not be found with my Will, it shall be conclusively
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B.
c.
D.
presumed that none was prepared, and all of my personal property
shall be considered a part of the remainder of my estate;
My hutch cupboard to my son, CHARLES E. GITT, JR.;
My piano to my daughter, LEILANI G. STAMM;
My coin and currency collection and railroad memorabilia to my son,
TYRONE K. GITT;
My guitar to my son, KIRK A. GITT;
My dishes and remaining silver in the hutch cupboard to my four
children, CHARLES E. GITT, JR., LEILANI G. STAMM, TYRONE K.
GITT and KIRK A. GITT, to be divided and shared as nearly equal
as possible;
My glasses and goblets in the hutch cupboard to the child for whom
marked thereon, with the hope that he or she will retain and keep
them in the family;
Any remainder thereof to my issue, per stirpes, in equal shares,
share and share alike.
E.
F.
G.
H.
FIFTH:
I nominate, constitute and appoint FARMERS TRUST COMPANY,
of Carlisle, Pennsylvania, Trustee, the share of any beneficiary who may be twenty-one
(21) years. The income and/or principal of said Trust may be accumulated or expended
for the maintenance, education and support of such beneficiary as my Trustee, in its sole
discretion may determine; and my Trustee, in the expenditure of income and/or principal
for such purposes, may, at its discretion, apply the same directly without the intervention
of a guardian or pay the same to any person having the care or control of said
beneficiary or with whom the beneficiary resides, without duty on the part of the Trustee
to supervise or inquire into the application of the funds by any person to whom any
payment is so made. The balance of such income and/or principal shall be paid to such
beneficiary upon reaching the age of twenty-one (21) years, or to such beneficiary's
estate in the event of death prior thereto.
SIXTH:
I hereby nominate, constitute and appoint my husband, CHARLES
E. GITT, to be the executor of this my Last Will and Testament. In the event that my
husband, CHARLES E. GITT, shall be unable to serve as executor for any reason, I then
nominate, constitute and appoint my daughter, LEILANI G. STAMM, and my sons,
TYRONE K. GITT, KIRK A. GITT and CHARLES E. GITT, JR., as executors. No
personal representative shall be required to file bond in this or any other jurisdiction.
In addition to the powers conferred by case law, by statute and by other provisions
of this Last Will and Testament, my personal representative, and any successors in that
capacity shall have the following discretionary powers applicable to all real and personal
property held by them, which powers shall be effective without Order of any Court and
which shall exist and continue until the time of actual distribution:
A. To retain any property of any nature received by them for
whatever period it shall be deemed advisable;
B. To invest and reinvest all or any part of the assets of my
Estate without regard to statutes limiting the property which a fiduciary may
purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part
of the assets of my Estate, for cash or on terms, publicly or privately, or to
Jease, without liability on the purchasers 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 this
Will ;
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E. To borrow money, if necessary to facilitate the administration
and closing of my Estate, including the right to borrow money from any
bank, including FARMERS TRUST COMPANY, and to mortgage or pledge
any asset of the estate as security;
F. To loan to, and to purchase assets from, my Estate, even if
it is also acting as Executor thereof.
G. To assume continuance of the status of any beneficiary with
regard to death, marriage, divorce, illness, incapacity and similar incidents
or matters in the absence of information deemed reliable without liability for
disbursements made on such assumption;
H . To make any distribution hereunder either in kind or in money,
or partially in kind and partially in money, considering of course the
reasonable wishes of the beneficiary. Distribution in kind shall be made at
the appraised value of the property distributed, as it is set forth in the
Inheritance Tax Return filed in my Estate;
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; and to delegate
authority with respect thereto, to deposit investments under agreements, to
pay assessments, and generally to exercise all rights of investors;
J. To continue in any partnership, joint venture, joint ownership
or other business enterprise of which 1 am a part at the time of my death;
K. To compromise claims;
L. To continue for whatever period of time my personal
representative 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 would have
done had I been living;
M. To do all other acts in its judgment necessary or desirable for
the proper management, investment and distribution of the assets of my
Estate;
N. I direct that my Executor shall be compensated for the
services it renders to my Estate in accordance with its prevailing schedule
of fees in effect during the time when said services are rendered.
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o. Should any changes occur in the Internal Revenue Code or
Pennsylvania Statutes after the date of the execution of this Will which affect
the tax liability of my estate, then to the extent possible and as may be
permitted by law, my personal representative shall have the power and
discretion to interpret this Will and to administer my Estate in a manner
which results in the lowest tax liability possible.
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I day of July
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I SIGNED, SEALED. PUBLISHED and
! DECLARED in the presence of:
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IN WITNESS WHEREOF, I hereunto set my hand and seal this
~2-q~
, 1993.
~!// J;I ~
Pearl M. Gitt
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COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF CUMBERLAND
I, PEARL M. GITT, Testatrix, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will; that I signed it willingly; and that I
signed it as my free and voluntary act for the purposes therein expressed.
this
S;fqt!- or affirmed to and acknowledged before me, by PEARL M. GITT, Testatrix,
IT ,,-- day of July , 1993.
N aria I Seal
Jar,queUne l. Drawbaugh, Notary Public
Sl:ippensburg Boro. Cumberland County
My Commission Expires Aug. 14, 1995
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, Roger M. Morgenthal and Teresa J. Burkholder ,
the witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw
Testatrix, PEARL M. GITT, sign and execute the instrument as her Last Will; that she
signed willingly and that she executed it as her free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will
as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or
more years of age, of sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me.by Roger M. Morgenthal
and Teresa J. Burkholder , witnesses this 2- q .~ day of July ,1993.
tarial Seal
J~eline L Drawbaugh, ~ Public
Shtppensburg Boro, Cumberland County
My Commission Expires Aug. 14, 1995
7