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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.) ~J ~+~ LEILANI G. STAMM ,-... ~ QJ U s:: QJ '0 .~ ,,-... QJ tn iX'i::' QJ 'Os:: s:: 0 ~ ',,0 ,-...'- ~~ loot+... .3 0 ro s:: 0..0 c;) 19 WEST PINE STREET MT. HOLLY SPRINGS PA 17065 ',') ....~I~ ;J~' "''1 ." .~ ( :.,'.~) r'~.J ~ '. ) .~..-\ c::) 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' C~;j' ~ ~. ;::: t:l E' ""'f ~ ~ 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. .,-J .....~ . .... ....:1\ ,'----., 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~ , j '" /ll/\~ (f(~'-- ROG~R M. MORG~THAL 17143 ATTORNEY (Sup. Ct. I.D. No.) 2515 NORTH FRONT STREET HARRISBURG PA 17110 ADDRESS (717) 909-4383 PHONE I ......,"'..,,\ ,.,,~ 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 (/) ::) (/) < ::; < 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 ~ '1-J 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 I- Z w Q w U w Q L1. o w :::!: <C Z 29. 3ib. L1CE~~ N~B~'7 ~ "2 .- "P:OO~~:~I:tGm~k~;;I':J':'~::t~Ho~~~~~ ii~~:i~~e~~~r.:~;~~;.d:: d~: t~~~~u~e;(~i~~~ ~:~Jer as slated......... ............. D 31c. v--vy v 7 J V r 't- 31d. 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 c ~{ r; l.(JJ , c " ~. (~ / 04-~/ rt - /t~ (Address) /Up f;.f< 15: ~. / !(7oC{ C.:" 1... ""'''' (Signature) (Address) I- (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 ~,\,..O,I:.TIL.,StOn lLdi...",Ji 5: ;.0\.)9 ')~~""~~'~<:->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) l' " (Address) (Signature) r '- (Address) , ' r 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) ~ c: C~ 1I<}f:/.qfJ,/ Pr ( ddress) ~'/~tO III/ f4 1761 (~ (..1 (Signature) (Address) r- (''',..,~ (Signature) (Address) Sworn to or affirmed and subscribed tt27 I~ 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 I- I I I I I 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 I ' I I ! I I ! i " . 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 ; 3 I r I I I ! , I ! I j. 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. 4 t . , I I 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. I ! i ! 1 I day of July I I i I I i I SIGNED, SEALED. PUBLISHED and ! DECLARED in the presence of: I I ~I/ nil t0~ l 1: ~... . j / ,-,. I c -' .~ "-"-.O/)C ",.,,' ....~ . \.(, I ,h.{' ,~ IN WITNESS WHEREOF, I hereunto set my hand and seal this ~2-q~ , 1993. ~!// J;I ~ Pearl M. Gitt 5 I \. I ! I I I I I I ! I i l I ! i I I I I I I ! \ j I I I I 11:,. 4 .. 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 6 .. . ..' 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