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HomeMy WebLinkAbout11-03-06 . l I' e' J , .. PETITION FOR GRANT OF LETTERS Estate of HANS BARTHEL also known as No. , Deceased Social Security No. 348300523 JENNIFER DAUCHESS Petitioner(s), who islare 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) O A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut Decedent, dated 1/15/1985 and codicil(s) dated THE EXECUTOR AND CONTINGENT EXECUTOR APPOINTED UNDER THE WILL, GERTRUD E. BARTHEL AND KLAUS BARTHEL, BOTH PREDECEASED THE DECEDENT. THE ESTATE OF KLAUS BARTHEL WAS PROBATED Continued on a Separate Page State relevant circumstances, e.g., renunciation, death of executor, etc Except as foUows, 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 incapacitated: named in the Last Will of the ~ B. Grant of Letters of Administration C. T.A. (c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. co Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last family or principal residence at 28 HIGHLAND DRIVE, CAMP HILL, PENNSYLVANIA (list street, number and municipality) Decedent, then 93 years of age, died OCTOBER 27 ,2006, at 28 HIGHLAND DRIVE, CAMP HILL, PA (Location) Decedent at death owned property with estimated values as follows: Of 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 ........................................................................................ $ Total .................... ............ ...... ...... ......................................................................... $ 200,000.00 102,000.00 302,000.00 Real Estate situated as follows: 28 HIGHLAND DRIVE, CAMP HILL, PENNSYLVANIA 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 appropriate form to the undersigned: Signature Typed or printed name and residence JENNIFER DAUCHESS 916 BRITTLEY WAY APEX, NC 27502 RW-7 71 1: ;. I ./ Oath of Personal Representative Commonwealth of Pennsylvania County of CUMBERLAND The Petitioner(s) above-named swear(s) and 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 Urdi~ to la ~ Sworn to and affirmed and subscribed JENNIF~ DA~ \ before me this day of DECREE OF REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of HANS BARTHEL Deceased No. also known as ~"..., Social Security No: 348300523 Date of Death: 10/27/2qep ~ ; i-~d; AND NOW, ,2006 , in consideratio~~1he PetittOn . ...... L3 on the reverse side hereon, satisfactory proof having been presented before me, . : L~ '",::: ~: : I-J ___,' ,_,1 IT IS DECREED that Letters 0 Testamentaryl!l of AdministrationC.T.A., .........., >< c.) {-~ ~~~ (c.t.a., d.b.n.c.t.; pendente lite; durante abs~ dura~inorit8tet =~3 are hereby granted toJENNIFER DAUCHESS .:; -_: F;.:; r- t..i ' f_~; ...-,1=... -;1-=-'"') co in the above estate and that the instrument(s), if any, datertJANUARY 15, 1985 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... $ 360.00 Register of Wills Short Certificate(s) ............... $ 20.00 Renunciation .......................... $ 5.00 Affidavit ( ) ....................... $ Extra Pages ( ).............. $ Codicil ................................. $ JCP Fee ................................. $ lO.(\f' -*88 Inventory & Tax Forms............. $ ~P.. ~ Other .~.I.~.~.~..~~I9M.F.g~.... $ ;;JO.oo 1'SiIiQ ~f(&- TOTAL........................... .$. 425.00 Attorney: DAVID R. GETZ, ESQUIRE I.D. No: 34838 Address: WIX, WENGER & WEIDNER/P.O. BOX 845 HARRISBURG PA 17108-0845 Telephone: (717) 234-4182 DATE FILED: RW-7A ; ~ ~ : J . . , .. Continuation of Petition for Grant of Letters HANS BARTHEL Page 1 Statement of Relevant Circumstances IN CUMBERLAND COUNTY. DIANE BARTHEL, THE WIFE OF KLAUS BARTHEL, A NAMED BENEFICIARY UNDER THE WILL, PREDECEASED THE DECEDENT. JENNIFER DAUCHESS, GRANDDAUGHER OF DECEDENT (PETITIONER) AND CHRISTOPHER BARTHEL, GRANDSON, ARE THE ONLY SURVIVING HEIRS OF DECEDENT. 105.805 REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death d~ly filed with me as Local RegistIar. 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. No. f~-,v,: L.~ ~ Local Regis . Fee for this certificate, $6.00 p 12934453 1L~~ {' .Ad-oC Date C) o . , i 1 r--.) c.~ (;-:> c.r" C.) ...':;:;.- :n ::0 lJ.-) :~l~,~ ~J lJ , w ~~.. C) -rl -n C."') .11 :::::) -,' :;- OJ !i i!i ~ IS 1 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT Of HEALTH · VITAl. RECORDS CERTIFICATE OF DEATH (CORONER) 3- SodII s.cuIIr IIuIIlM' . 0. '" OMII......., ~ 3 9 -30 -05 3 October 27. 2006 ... "'"'" II .... 7. 1913 C2-M AN \oj II f"", (lid ...._........., 28 Highland Drive IlIOi I" REldlZ'llIIl6 1'/IIE I /WIT II =:' 130-375 l. ......o..Ionllfill, -..... ouIiIlI Hans 5. AII.....1IiIIlIrI 93 Barthel ,,.. Cilrl.... ~ ~ II. CAutEDeATH e... ---.... - ........, _ 27 PARTl Enlor "1Mo1ll... -................~ -... -, CIU$OlI"_OONOT _........ _ _. caRIiac_. ~"""or____~"~.""'~"'_ClI\_1N ="'-==-~ Smoke Inhalation ou.tD....~aI) . Bouse Fire Duo..I....~oI) 215 0.,.,.,......1loId {MlIIII. dIy. ,.., October 28. 2006 21. ... IiIv. ~ iriIMt PIll I: &Mr CIIW....... tmndiImia............. ...... ()\sIl..IlI111 W..................._....PlltI. 511I-'4..,. . . 11I_.......... E-. tIIlfAWII CAllIE ~or"""..._.. _-,"_ILASf. DutI.fOf_.~CII) )lv. aND :IlIb _,....,-.. Ay_....~ ~c-~1leoIII? J(v. aND 3t. ..... '" 3110 _..,...., ~ Pa. Coroner 31. 2006 HBWILL-DAW3 01/15/85 LAST WILL AND TESTAMENT OF HANS BARTHEL I, Hans Barthel, of Lower Allen Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under ~~) ~:,"? ITEM II: I give and bequeath all my household I C,) -c:;~ this Will. -- .;..... L. furniture and furnishings, automobiles, books, picture~t jewelry, china, linen, silverware, wearing apparel and}~4Tl c.) other like articles of household or personal use and adornment to my wife, Gertrud E. Barthel, if she survives me, or if my wife does not survive me, to my son, Klaus Jurgen Barthel, and his wife, Diane Barthel, or the survivor, of Camp Hill, Pennsylvania, or if neither survives me, to their issue, per stirpes. ITEM III: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, to my wife, Gertrud E. Barthel, if she survives me, or, if she does not survive me, to my son, Klaus Jurgen Barthel, and his wife, Diane Barthel, or the survivor, or if neither survives me, to their issue, per stirpes. Page I of 4 pages --_._~._-_.~ ITEM IV: In the settlement of my Estate, my Executor shall possess, among others, the following powers to be executed for the best interest of the beneficiaries: (a) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this Subparagraph (a) or elsewhere in my Will. (b) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in kind, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. (e) To vary investments, when deemed desirable by my Executor and to invest in such bonds, stocks, Page 2 of 4 pages ".-........ - notes, money markets, real estate mortgages or other securities or in such other property, real or personal, as he shall deem wise, without being restricted to so-called "legal investments." (f) To mortgage real estate and to make leases of real estate. (g) To borrow money from any party to pay indebtedness of mine or of my Estate, expenses of administration or inheritance, legacy, estate and other taxes. (h) To vote any shares of stock which form a part of the Estate and to otherwise exercise all the powers incident to the ownership of such stock. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the Estate. (j) To distribute my personal property directly to the Guardian of the person of any minor beneficiaries hereunder. (k) To elect such settlement options as deemed most appropriate by my Executor with respect to any pension profit sharing or other retirement plan in which I am a participant. (1) To do all other acts in the judgment of my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM V: Any person who shall have died at the same time as Testator or in a common disaster with him, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased him. Page 3 of 4 pages ITEM VI: I nominate, constitute and appoint my wife, Gertrud E. Barthel, to be my Executrix (herein referred to as "Executor"). In the event of the death, resignation, refusal or inability of Gertrud E. Barthel to serve as my Executor, I nominate, constitute and appoint my son, Klaus Jurgen Barthel, to serve as Executor. My Executor is specifically relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of this and the preceding three (3) pages, this 15th day of January, 1985. ~ 15 ().;r-#.vl Hans Barthel SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testator, Hans Barthel, as and for his Will, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. II h /: fir Udut1 ~ v {I r Address tift! Wntlbtu-t N~ ~ ~tA S. hur-9/ pC<.-, (/' latO a~. ~J PI+ 171(3 d 1 '1 ]A) I7JZU tut.fL !lo-<_ ::KkJ{) ~)1J1tk. fA 11010 '--P~(1,~ Address ~~ );/! 11Jw~ Address Page 4 of 4 pages . ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA . COUNTY OF ~~ SS. : I, Hans Barthel, the Testator 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; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Hans Barthel, the Testator, this 15th day of January, 1985. ~16~ Hans Barthel Testator ~~T t/4J!~ Notary P lic My Commission Expires: (SEAL) AFFIDAVIT AMY T. W!lllAMS, Notarv Publie Harrisburg, D,uphin Ccuntl', PA My Commis>ion Expires Oct. 22, 1988 COMMONWEALTH OF PENNSYLVANIA . ~ --r; We, ~.. . . ~. /lOLiLUt.IJ. ltoJzn and ttlJ(!01j. " the witnesses who e names are signed to th~~attac ed or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness, in the hearing and sight of the Testator, signed the Will as a witness; and that to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. SS. : COUNTY OF ~J.W ~n~.irme~ an~ SUbSCrib~ .tJ.1~fXA::nd L ,w1tness~s 5th day of January, I 5. I1but tJ Illtt~. Witness -w~ ~~~~~ otary blic My Commission ~~.r~'~i'~S, t40tllfY pu~1iC (SEAL) Harrisburg, D~urhii1.C;:;Ulit~, Pzz. 1911 My Commis;;io;l EApues Q\;t. RENUNCIATION Estate of HANS BARTHEL No. also known as ,Deceased The undersigned CHRISTOPHER BARTHEL, GRANDSON , (Relationship) (Capacity) the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters OF ADMINISTRATION CT A be issued to JENNIFER DAUCHESS Witness CA 95608 hand this (SIgnature) (Address) (Signature) (Address) Sworn to or affirmed ~bscribed a~ cfl ~;:- ~~~- ~ ';~"j. Notary Public My Commission Expires: ...:Jiv'1. >..l 0 I 0 .. ;" C) : /J (SIgnature and 88111 of NoIaIy or other offici8l qualified to adminlllter CllIth8. Show date of expiration of Nolary's commission.) I NOTE: Renunciations executed outside the Office of Reglsterotwn~;~ required in some counties to be notarized. . ::2 RW-3 -/::- CO of r--v c::;; (::::;) cr\ .7] I 11 c-~) C'-) ~~J t ) ~~ c:) --;-j ~ ~Tl - ::::-') r-.,.'I I W ., 0 Rev-346 EX (8-92) ~~_ PA DEPARTMENT OF REVENUE ~ ESTATE INFORMATION SHEET FOR REGISTER'S OFFICE USE ONLY County Code Year ~l dlP File Number Q'7'7 DECEDENT INFORMATION: Enter data as it will appear on all documents submitted to the department. Name (Last) (First) (Middle) BARTHEL,HANS Decedents Social Security Number Date of Death Date of Birth 3 4 8 I 3 0 I 0 5 2 3 10/27/2006 8/7/1913 TYPE FILING: Enter check (,I') mark to Indicate the nature of the return to be flied with the department. [XI Probate Return DJoint Assets Only o Estate Tax Only o Litigation Purposes (No Other Assets) LETTERS GRANTED: Enter check (,I') mark to Indicate the nature of the proceedings at the Register of Wills Office. (Attach additional sheets If explanation is necessary.) o Testamentary IX) Administration o No Letters o Other (Please Explain) ATTORNEY/CORRESPONDENT INFORMATION: Enter all data concerning the attorney or other individual to receive all tax information and correspondence. Name (Last) (First) (Middle) Supreme Court 1.0. :# GETZ, DAVID A. 34838 Street Address WIX, WENGER & WEIDNER, 508 NORTH SECOND STREET, P.O. BOX 845 City State Zip Code Telephone Number HARRISBURG PA 17108-0845 717 234-4182 PERSONAL REPRESENTATIVE INFORMATION: Executor/Administrator Enter all data concerning the personal representatlve(s) of the estate authorized by the Register of Wills Name (Last) (First) (Middle) Social Security Number DAUCHESS, JENNIFER 1 6 1 I 5 6 I 1 5 6 1 Street Address 916 BRITTLEY WAY City State Zip Code Telephone Number APEX NC 27502-6438 919 414-1019 Co-Executor/Administrator Name (Last) (First) (Middle) Social Security Number Street Address ~_? ,~- ~) '" (~ t".:) <:::r. City State Zip Code Tet8p~~ne N~~er ~~- :_~ ...-;t~':'" ~ [:!-1 I Co-Executor/Administrator --~..', ,~-) - )c-. Name (Last) (First) (Middle) Social SeqjJrny NumbeC:: . , -- 215 :;2 ".1 - ;::',1 00, Street Address -,- ::"1 co City State Zip Code Telephone Number Prepared By DAVID A. GETZ, ESQUIRE/WIX, WENGER & WEIDNER Date 10/31/2006 BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF HANS BARTHEL DECEASED NO 21-2006-0977 DECREE OF THE REGISTER OF WILLS rd. AND NOW, this ~ day of November, 2006, upon consideration of the Petition for Granted of Letters filed by Jennifer Dauchess, dated and filed on November 3,2006 for the estate of Hans Barthel, IT IS HEREBY DECREED that the Petitioner shall post surety bond in the amount of $ 400,000.00 ALSO DECREED that upon filing the Bond of Personal Representative, Letters of Testamentary shall be granted to Jennifer Dauchess. , .1.- c) C/-; LL.1 .. .1 Q t-L - ~ a eLl a Q: 8 LL' a::.- N .. ..:r x: CL.. (Y) , :::-. o 4:: ~ 1-0.. cr: ' ~c lLQr-..... r\ ,,~ ~c.) .-. ~.L [rV" Ct.] 2:: d~L: QU cr:C. 0::; (.) \,.Q c::;:) c::;:) c-...., ~ In Re: Estate of Hans Barthel ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-0977 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 11/3/06 ruDGE'S INITIALS: GFS TIME STAMP DATE: 11/03/06 IN RE: Decree of Register ",... '" '" ""'" '" "'" "'" "'"'' """'" """"'" ''''''' ""'''' ''II, "I, '\ '\ '" '\ '" "'... '\..."...... '\" '\ '\ '" '\... '" '\.."......... '" '\ '\ "I '\ '\ "I '\ '\ '\ "'..... '\ '\ '\ '\ '\ '\.... '\ '\ '\.. "I '\ '\ "\... '\ '\ '\ SERVICE TO: David R. Getz METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED I2J OTHER-E3:t MAILED: . o PETITIONER DruDGE o CLERK OF ORPHANS COURT "I '\ '\ '\.... '\ '\... '\ '\ '\ '\ '\ '\ '\ '\..... '\ '\ " '\ '\.. '\ '\ '\ '\ '\ '\.." "\" '\ '\ '\" '\ '\ '''I'' '\ "I"" '\ '\ '\ '\... 'I"" '\... '\ '\.."........... '" 'I '\.. '\.... '\ '\..,' '\ '\ '\ '\..,' '\ '\ '\ '\ '\ "I '\... '\ '\ 'II" '\ '\ '\ '\ '\ '\" 'I '\ "\ '\ '\ '\ '\ '\... '\ '\ '\ '\ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER_ o PETmONER DruDGE o CLERK OF ORPHANS COURT MAILED: 0\ ~~fJ~L Margie ~ev~u 1 st Deputy Clerk of Orphans' Court Marjorie A. Wevodau First Deputy One Courthouse Square Carlisle, P A 17013 Glenda Farner Strasbaugh Register of Wills & Clerk of Orphans' Court Kirk S. Sohonage, Esq. Solicitor Phone: (717) 240-6345 Fax: (717)240-7797 OFFICES OF Register of Wills and Clerk of the Orphans' Court County of Cumberland FACSIMILE TRANSMITTAL SHEET David Russell Getz FROM: Margie Wevodau TO: COMPANY; Wix, Wenger & Weidner, P.e. PHONE: 717-240-7766 FAX NUMBER; 717 234-4224 DATE: November 6, 2006 RE: TOTAL NO. OF PAGES INCLUDING COVER; Han Barthel 06-977 o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY o PLEASE RECYCLE COUNSELOR: HERE IS THE DECREE OF THE REGISTER SETTING THE BOND AMOUNT AT $400,000. PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS. MARGIE TRANSMISSION VERIFICATION REPORT TIME 11/06/2006 09:36 NAME FAX TEL DATE,TItE FAX t-[). /NAME Dl.lRATI~ PAGE(S) RESlL T KJDE 11/06 09:36 92344224 00:00:30 02 (J( STANDARD ECM