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HomeMy WebLinkAbout06-02-06 Register of Wills of Cumberland County Estate of Carl B. Hartman also known as PETITION FOR PROBATE and GRANT OF LETTERS d \ - ()lL> -l\ll No. ~ To: , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 204-03-7677 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 November 23 , 20 04 and codicil(s) dated January 7 2005 (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h~ last family or principal residence at 3601 Sullivan Street, East Pennsboro Twp. County, (list street, number and municipality) Decedent, then ~ years of age, died May 9 , 20~, at 3601 Sullivan S1. Mechanicsburg, PA 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: 3601 Sullivan Street Mechanicsburg PA 17055 $ 10,000.00 $ $ $ 193,520.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary Residence(s) of Petiti~r 3601 Sullivan Street, Mechanicsburg, PA 17055 . ::XJ -',~ C) (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) f_) :::.::J <.:::;;" C,J--- thereon. ,- ~:-=: '-) . ,'" :-:"J ! !=~2 . :-~~:J " I , :---, I --:;-] { ..) f .~>'"~ .,..--...., ~ ~ ., {--Ol 1'1 '::=1 ~ -.-- - :...1 u --i ~) ,I o CO - T-- Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COUNTY OF CUMBERLAND COMMONWEAL TH OF PENNSYL VANIA 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 representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. . ~ S',Nom to or affirmed a~ubscribed {~- tv ~ ~ Before me this ~ day of / ~~ , 20 OAv } IJ1 <iCi' ::s tlJ 2 ..., ~ ~ ---.J _ al:T\~ _ Register I~ No[).I-DI.P-L/7~ Estate of (10.....,. ~ '6 , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 20dlo, in consideration of the petition on the reverse side hereof, satisfa proof having been presented before me, IT IS DECREED that the instrument(s), dated t - "1 - ~ uD ~ , described therein be admitted to probate filed of record as the last will of Co-YlJ<.. G. ~^-~ ~Cj" ..__ ; and Letters are hereby granted to 1-1~+ I'\--<u-- FEES Probate, Letters, Etc. ............. Will...... ......... ... ......... ...... Renunciation... . . . . . . . . .. . . . . . . . . . . Short Certificates (I u) ............ JCP.................................. Automation Fee... ................ ~ . .CR<;,\-'.\. ~~ . \. . .. '" . . . '" ... Total Filed -~. c.l 2()61o $ 31D.00 $ Is-. .(') D $ $ 4n .()l) $ /0 00 $ S- . U \:::> $ IS". 0(: $ 3q~- . 00 S=3 ~ .a~~ . .AJ~ Attorney (Sup. Ct. . . No.) 1423 East Market Street, Yark, P A 17 ~ -' c:> ", 'I Address - n \ r".) 717-846-7100 -0 1\. Phone o 0:> LAST WILL AND TESTAMENT OF CARL B. HARTMAN Introductory Clause, My wife, PAULINE HARTMAN, has predeceased me and I make this Last Will and Testament subsequent to her death. I have two living children: DA VID C. HARTMAN AND KATHY L. HARTMAN. I have one deceased child: DANIEL E. HARTMAN, unmarried and without issue, who died~) ('~) :::::;) .-' ,....::,') March 22, 1994. C) J .. --:;-"l, ="'-CJ ri'.' C'J ") ('yi I 1--] '--"1 C~) (- ITEM I I r-J -':J , :-: i-:~ -" ~J Direction to Pay Debts. I direct that all my legal debts and funeral expenseS~hall b~.paid -~.,~ a . from my estate as soon as practicable after my death as part of the expense of the administt:a.tion of my estate. My Executrix may, in her sole discretion, pay from my domiciliary estate any or all portion of the costs of ancillary administration and similar proceedings in other jurisdictions. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all taxes that may be assessed in consequence of any assets passing through or under this, my Last Will and Testament, shall be paid from my estate as part of the expense of the administration of my estate. ITEM III I give, devise and bequeath, all the rest, residue and remainder or my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will to my daughter, Kathy L. Hartman, if she shall j'L\< (~J{] . J/ ~4-t~ Carl B. Hartman ~ survive me by thirty (30) days. If she shall fail to survive me for a period of thirty (30) days after the date of my death, I then give, devise and bequeath all of my estate, to my son-in-law, Chester Newcomer a/k1a Rusty Newcomer, per stirpes. ITEM IV Naming the Personal Representative.. Personal Representative Succession.. Personal Representative's Fees and Other Matters. The provisions for naming the Personal Representative, Personal Representative succession, Personal Representative's fees and other matters are set forth below: (1) Naming Individual Personal Representative. I hereby nominate, constitute, and appoint as Personal Representative of this my Last Will and Testament KATHY L. HARTMAN. (2) Naming Individual Successor or Substitute Personal Representative. If my individual Personal Representative should fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such capacity, the successor or substitute Personal Representative shall also serve without bond shall be Chester Newcomer a/k1a Rusty Newcomer. ITEM V Definition of Children. For purposes of this Will, "children" means that lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants if any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents --S~K C!~ G. J)~ Carl B. Hartman ~ 2 and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "the living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. ITEM VI It is my express will and desire that my son, David C. Hartman, his children, and his issue shall take nothing under this my Last Will and Testament. It is my express will and desire that no portion of my estate of whatever nature shall pass to the said David C. Hartman, his children or Issue. IN WITNESS WHEREOF, I, Carl B. Hartman, the Testator, have to this, my Last Will and Testament, typewritten on 3 sheets of paper, set my hand and seal this ~~ R...f) day of k) () y €JX) 0-. e R- , 2004. -:S~~ C1lI3 fj~ Carl B. artman (Seal) ~ 3 The foregoing instrument consisting of this and 3 preceding typewritten pages, was signed, published and declared by Carl B. Hartman to be his last will and testament in our presence, and we, at his request, and in his presence, and in the presence of each other have hereunto subscribed our names as witnesses, this ~D lU) day of AJO VeJYtAJA _ 2004. ~ residing at 1423 East Market Street York, Pennsylvania 17403 ~O~~{J J~ Q~eA residingat'J3q/~ ~~ ~f PII-. 17075 Commonwealth of Pennsylvania County of Cumberland I, Carl B. Hartman, 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. (l:d0 J~ Carl B. Hartman / Sworn or affirmed to and acknowledged before me, by ,this ~ 4J day of tuG\[ eJYL~ ,2004. t\(uQf\ q PMl J J-D-ih , Notary Public Notarial Seal Public Karen J. Ph\\ibotte, N~~~~ County Spring Ga!den TWp., Oct. 24, 2005 My Commission Expires 4 Commonwealth of Pennsylvania County of Cumberland We, tbl/JcJvl .k~ andvA:IYI~,)L~e /rRL,+zCfL . 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 Carl B. Hartman sign and execute the instrument as his last will; that he signed willingly and that he executed it as a free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of signed the will as witnesses; and that to the best of our knowledge was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. Witness ~/t11P4 ~ ~4A l ness Sworn or affirmed to and subscribed to before me by W<.J 1.1 A (Y) C. < t} AJ 0 eR-~ 0 AJ and j An1 ~ S L'E- e K fcE ; + .?.., elL, witnesses, this ~ '3 tJ) day of /...) 0 V () /1113 P Ie , 2004. ~n g PJuL~} JIJ-fu Notary Public Notarial Seal Public Karen J. Philibotte, N~b~~ County Spring c;3a~denETW~es Oct. 24, 2005 My commiSSion Xpl 5 CODICIL TO WILL I, CARL B. HARTMAN, of Cumberland County, Pennsylvania, declare this to be the sole Codicil to my Last Will dated November 23, 2004. ITEM ONE: I amend Item III of my Will and in lieu thereof provide as follows: I give, devise and bequeath, all the rest, residue and remainder or property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will to my daughte~-J<.athy C) L. Hartman, if she shall survive me by thirty (30) days. If she shall fail to survi~ me C) I - for a period of thirty (30) days after the date of my death, I then give, devis~-,~~d [~) bequeath all of my estate, to my son-in-law Chester Newcomer a/k/a.{.Rli~ty ::'f,~ Newcomer, per stirpes. To the extent that I have any power of appointment, I .:':~ o ) Co exercise said power of appointment in favor of Kathy L. Hartman. Provided, however, that if both the said Kathy L. Hartman and Chester Newcomer a/k/a Rusty Newcomer shall fail to survive me for a period of thirty (30) days after the date of my death and if they shall die without issue, then and that event, my estate shall be divided equally between the Philadelphia Children's Hospital and the Elizabethtown Home for the Elderly. If either of said charitable institutions shall no longer be in existence, then that institution's share shall be given to the other institution. I continue to desire that no portion of my estate whatsoever shall pass to David C. Hartman or his issue. ITEM TWO: In all other respects, I hereby ratify, confirm and republish my Last Will dated November 23, 2004, together with this sole Codicil, as and for my Last Will. c~ 1b /rf~~ Carl B. Hartman --- r- IN WITNESS WHEREOF, I have hereunto set my hand this ~. day of ~M(jJ-ljf , 2005. ~(),~ ~l B. Hartman The foregoing instrument consisting of this and 1 preceding typewritten page, was signed, published and declared by Carl B. Hartman, the testator to be the sole Codicil to his Last Will and Testament, in our presence, and we, at his request, and in his pre%ffJf' and in the~; each other have hereunto subscribed our names as witnesses, this day of t2/'1f 2005. Commonwealth of Pennsylvania County of Cumberland I, Carl B. Hartman, 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 the sole Codicil to my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. C~ta, Carl B. H . man ~-~ ~.~=~ ~ffirmed to and acknowledged before me, by Carl B. Hartman this ~ day of , 2005. CQ~"Mot'!'~~i~~":i) Of F'ENNSYLV~IA CJIJLuil-<-rM 1/rd--P~ ~ NO,AAIAL SEAL Notary Public . Christie l. Under. koffler, Notary Pubtic Silver Spring Twp., Cumberland County r My ?..:~~;=:::~,~;:;n Fxpires June 24, 2006 Commonwealth of Pennsylvania County of Cumberland we,'::,)O(\n\~ ff\c}1(oy andfjoNll~ 1: Is...u~ ' 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 Carl B. Hartman sign and execute the instrument as the sole Codicil to his Last Will; that he signed willingly and that he executed it as a free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of Carl B. Hartman signed the Codicil as witnesses; and that to the best of our knowledge he was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. ~jr}~ ~ness ~ j A-M.e~ '- ~ l<r~~ +z...-er Witness '\ . ~ c- V S worn or affirmed to and subscribed to before me b~ '0 X\ (\ \ ffi \ \( a and jANe~ L- Kf'e'r1-z-e( .witnesses,this 1fR dayof\..~2005. ~qf:~f~~}~EAL rH OF PENNSYLVANIA I NOTARIAL SEAL . ~hristie L. Underkoffler Notary Pubf" I ~~~~_~r:ri~~TWP., CU~berfand ~ My G(111!~!~~$\~~>1n EX~)lr~3g June 24, 2006 ......,......."...,......-,."...;0:"'""-........,.