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HomeMy WebLinkAbout09-21-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Lester H. Reichert No. 21-- ~ - <63q also known as , Deceased Social Security No. 189-09-0186 Richard Reichert Sr. Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) I!l A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 04107/2005 and codicils dated Executor named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante mlnoritate) Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: o B. Grant of Letters of Administration ame _ C~.; () CJ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with hislher family or principal residence at 435 Beathy Drive, Mechanisburg, PA 17055 (list street, number, and municipality) -"'-. -". r ,',.- I,.+)~- =".::; :::0 -~:.-:. ~... ~ ..q ,--s i"n w a Decedent, then 88 years of age, died 08/23/2006 at Harrisburg Hospital, Harrisburg, PA (Location) 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: 240,000.00 $ $ $ $ Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropnate fonn to the undersigned: Ignature yp or pnnt name an reSt ence Richard Reichert Sr. 8918 Blockhouse Road Spotsylvania, VA 22553 Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner GrouP. Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~ ichard R' e . . Z 6T before me thiS I day of Se~m~r , (Jcd..LJ ~~~\~IVll~ ft^ % ^(tr the Register o No. ~ 21-~-8'3~ Estate of Lester H. Reichert , Deceased also known as Social Security ~o: 189-09-0186 Date of Death: 08/23/2006 0 AND NOW, ~\J..u <y-l cO.tx1t.D ,in con!fa~on '-~:~p of the Petition on the reverse side hereon, satisfactory proof having been presented before me, :-c.~ ,-,) :.~ --,......, IT IS DECREED that Letters 00 Testamentary Dof Administration -; .::< r" C'? = Cl"'\ c/) P', V j~O.~ '- -) Co) I:~J i.i..'J N are hereby granted to Richard Reichert Sr., Executor (c.t.a.; d.b.n.c.t.a.; pendente lite; duran~j , :/i~ _"J _l> tia; dt:lt'@flte mi~O~~b ::U:.=;' ,It '& ' IT1 0',.,,::) - , I in the above estate and that the instrument(s) dated 4/7/2005 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. Short Certificate(s)...................... $ 40.00 Attomey: Marielle F Hazen FEES Letters...... ... .......... ............... ........ $ 325.00 Renunciation............................... $ JCP Fee.......................................$ 10.00 1.0. No: 68003 Law Office of Marielle F. Hazen Address: 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 Telephone: 717-540-4332 Affidavits ( )...........................$ Extra Pages ( )......................$ Codicil....... ................... ................ $ MFHazen@Hazenelderlaw.com Inventory...................................... $ E-Mail; Other...................... ...................... $ 5.00 TOTAL............................ $ 380.00 Prepared by the Pennsylvania Bar Association Copyright (e) 2004 fonTI software only The Lackner Group, Inc. Form RW-1(1991) 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. ~ ~. ., Ct CJiLua~ Local Registrar Fee for this certificate, $6.00 P 13026351 No. 8'''' c1LP - aLP Date __.......__.._ T_U.~IDDoolI? Wnol....-rvIll..~_...IIIPl1tL Ov.. 0......... ONDO- 21.1_ Ollol~-.. o "--....d_ o :=-W~_42"" o ::-IU__a....... -'---".. 3a:. _.lII,ay:IaM.F__ .-y. lao-"_~ 32g. _III.,t-.GIJ'__ c. o (- ::;~ '::to -- :~-~~.. h=; ..-:-:;TJ ,_/.1 ;:;.;.:: HlOlI43Ie/._ nPElPRIIT IN - 1l.AQ(H( t _11I_ _"1IAl COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH , s=3 ~~ ::~ :~ Lester H. Reichert o.dlllrll July 8, 1918 12. Woo _III" u.s.__ IJY. OND =-_ 11._ PA 171l.~ Cumberland - --\A1l.--....-) Samuel W. Reichert Edith E. Williams a_-._ 1-'_.) 465 Bethany Dr. Mechanicsburg, PA 17055 21.. _d~jNoonod-,......,.._pIoool Road, Harrisburg, a,~- It/I/; =11I_''''' 1D__1illd.....a _ _'IIlIlCMlll! .-....,.._.. _...-.glll_l WI, : ~..... . Onoollllo.. 1 . . . i : . . EM . car ............ ell): .. Due III (ar _........~ .. WIo..~ - a _~ 31. _of DolfI ==..,~ 0- 0- Oy. DH' 0- o--.~ 3ld. 0- OCClUdNalIlO~ Il OY. JO- III., I l!i 1 r--.> c:::> = en (/) 1'1 --0 N --0 :lr: c'') . r;l C) C) r'~j i~J II, \.'J ) C-) I ''''n "'--1 c'S ill ..1,) (~) 1".[ w <:) IJ~ 1\lp. ~'1IDoo PA 17112 ..-.., LAST WILL AND TESTAMENT OF LESTER H. REICHERT I, LESTER H. REICHERT, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will. I revoke all other Wills and Codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. o 'n :-, 1 'C) 1- ,'T1 :~J ....:.> t,) C~:.:.) c:::# 0"' (/) p, -0 N () -r 1 c:J ~.''''' .-.....!.... c..) Cl N --" (I ,:') -- <~2 , , - _.-:..., - .,j i -~-;-1 1,_-:) (- J-~~ ~~i~~ - --IJ . (~) jfl ; '-) ,"I " Article III I give, devise and bequeath my tangible personal property in accordance with any memorandum which I have either handwritten or signed, located with my Will or with my valuable papers and found within 30 days of the probate of my Will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Article IV hereof. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath according to the following: A. If my spouse, DOROTHY J. REICHERT, survives my death by thirty (30) days, I give, devise and bequeath the following: 1. ONE-THIRD (113) of my estate to be held in trust for the benefit of my wife, DOROTHY J. REICHERT, currently of Cumberland County, Pennsylvania, to be held, managed, and administered according to Article V herein. 2. TWO-THIRDS (2/3) of my estate to be distributed outright IN EQUAL SHARES to my children: NANCY J. T ACCm, currently of Harrisburg, Pennsylvania; and RICHARD L. REICHERT, SR., currently of Spotsylvania, Virginia. However, if a beneficiary does not survive me by thirty (30) days, but leaves descendants who survive me by thirty (30) .2. days, those descendants shall receive, per stirpes, the share the beneficiary would have received had he or she survived me by thirty (30) days. B. If my spouse fails to survive my death by thirty (30) days, I give, devise and bequeath the following: 1. FIFTY PERCENT (50%) of my estate IN EQUAL SHARES to my daughter, NANCY J. TACCHI, of Dauphin County, Pennsylvania and my son, RICHARD L. REICHERT, SR., of Spot sylvania, Virginia; 2. THIRTY FIVE PERCENT (35%) of my estate IN EQUAL SHARES to my grandchildren; RICHARD L. REICHERT, JR., PAUL REICHERT, PATRICIA REICHERT, ELIZABETH REICHERT, and DAVID REICHERT; 3. FIVE PERCENT (5%) of my estate to NORTHEAST EYE BANK, of Allentown, Pennsylvania; 4. FIVE PERCENT (5%) of my estate to LION'S HEARING RESEARCH BOARD, of Harrisburg, Pennsylvania; and 5. FIVE PERCENT (5%) of my estate to THE COLONIAL PARK UNITED METHODIST CHURCH, of 430 North Colonial Road, Harrisburg, Pennsylvania. Article V In the event that a Trust is created for the benefit of my wife, DOROTHY J. REICHERT, by or as a result of any part of this Will, the terms and conditions of the Trust for the benefit of DOROTHY J. REICHERT shall be as follows: _3_ A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, and care of DOROTHY J. REICHERT for the remainder of her lifetime. B. In the event of DOROTHY J. REICHERT's death, the trust shall terminate, and the remaining income and principal of the trust shall be distributed IN EQUAL SHARES to my daughter, NANCY J. TACCHI, of Dauphin County, Pennsylvania and my son, RICHARD L. REICHERT, SR., of Spotsylvania, Virginia. C. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution, or other processes of law. Article VI In order to carry out the purposes of the Trust established by this Will for the benefit of DOROTHY J. REICHERT, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form received and/or to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confmed to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, _4_ (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; to pay from my estate reasonable compensation for all their services, (i) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death, G) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed, and (k) to make unlimited gifts from the trust to my child(ren), including the Trustee hereunder, or to a trust for the benefit of my spouse or my child(ren). The amounts and nature of such gifts shall be in the sole discretion of my Trustee. It is my specific intention that gifting to protect assets from the costs of long term care shall be permitted. Article VII I hereby appoint my son, RICHARD L. REICHERT, SR., as Trustee of any Trust(s) created in this Will for the benefit of my wife, DOROTHY J. REICHERT. In the event of the renunciation, death, or inability to act, for any reason whatsoever of RICHARD L. REICHERT, SR., I nominate, constitute and appoint my daughter, NANCY J. TACCID, successor Trustee of any Trust(s) created in this Will. _5_ " .. Article VIII I nominate, constitute, and appoint my son, RICHARD L. REICHERT, SR., Executor of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executor, I nominate, constitute and appoint my daughter, NANCY J. T ACCHI, successor Executrix of my Last Will and Testament. I direct that my Executor or successor Executrix be permitted to serve without bond and in addition to those powers granted by law, I grant them power to distribute in cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed if living. My Executor or successor Executrix shall receive reasonable compensation for services rendered to my estate. Article IX In addition to the powers conferred by law, I authorize my Executor or successor Executrix in hislher absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confmed to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, _6_ " .' (t) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and G) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, LESTER H. REICHERT, hereby set my hand to this my Last Will and Testament, on ~.. '7...~.r , 2005, at Harrisburg, Pennsylvania. ~~I LESTER H. REICHERT In our presence, the above-named LESTER H. REICHERT signed this and declared this to be his Last Will and now at his request, in his presence, and in the presence of each other, we sign as witnesses. Address 2000 Linglestown Rd.. Suite 202. Harrisburg. PA 17110 ~Oj~,~\_ G . \ ~ ~ 2000 Linglestown Rd.. Suite 202. Harrisburg. PA 17110 _7_ .' . . I, LESTER H. REICHERT, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by LESTER H. REICHERT, the Testator, on ,2005. ~~ LESTER H. REICHERT t'l'U OF PENNSYLVANIA Notarial Seal P bi" Mlriolle F. Hazen.~N~ CU~lC S ueMnftl Twp.. In Mi"&mnlsslon Expires . 23. We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me ~&~~~ witnesses, on 4- '7- , 2005. 0~. Notary Pu " CVi..,.vli'~WEALTH OF PI:: NSYLY. A I I Notarial Seal Marielle F. Hazen. N'*!'r Public Susquehlllna 'IWp.. Dauphin County My Commission Expires Sept. 23, 2006 ~..........._-.