Loading...
HomeMy WebLinkAbout11-07-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of CHARLES W. TRAVITZ, JR. No. d' J Oll -ct<t;;( Deceased Social Security No. 171-28-3034 ISABELLE l. TRA VITZ Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner is the Executrix named in the Last Will of the Decedent, dated Seotember 26, 1997 and codicil(s) dated 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 to victim of a killing and was never adjudicated incompetent: B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: ~ c:=ll ~ Name Relationshi - C) -T-; 3: "-'\c-: COMPLETE IN ALL CASES:) Attach additional sheets If necessary. --4 -=2 w Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or princiPal residence at 1347 Georaetown Circle. Borouah of Carlisle (List street, number and municipality) Decedent, then -.BL years of age, died PA 17013 Auaust 28. 2006 at Carlisle Reaional Medical Center, Carlisle. (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 ......................................................................................................................$ 10.000.00 None T otal...................................................................................................... $ 10,000.00 Real Estate situated as follows: Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Si nature .... T ed or rinted name and residence Isabelle L. Travitz 134 7 Georgetown Circle Carlisle, PA 17013 ~~Lb. Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affirmed and subscribed Before me this rrn day of (lJfllr-(-11kA ,2006. ~~~d~~ S d '1& . ALh J...iLt. L- ~ Isabelle L. Travitz No. Estate of CHARLES W. TRAVITZ. JR. , Deceased. Social Security No: 171-28-3034 Date of Death: Auaust28.2006 AND NOW, 1 i.h n() \/ ,2006, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Isabelle L. Travitz in the above estate and that the instrument(s) dated Seotember 27.1997 described in the Petition be admitted to probate and filed of record as the last Will of the Decedent. Letters........................... $ Short Certificate(s) $ Renunciation.............. $ Affidavit ().................. $ Extra Pages ()....... $ Cod ici 1............................ $ JCP Fee....................... $ Inventory...................... $ Other.............................. $ IUUL TOTAL....... $ 46,00 / (,. 67) f'...) c:::. C':;:I <:::"'\ ;-:}~ c-:> (--~, "u '-:-J I ! f1 :':J c.y ....,..., --,j CJ {-:::'r~i FEES - .. /0 CD u,(Ji) . 1~,Ob 9 /. m) Ifi&J II /7 ( of.:, ~ ~G. Mvem I.D. No: 20558 Address: Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043- Telephone: 717-761-4540 w o 05.805 REV lI05 2\ ~ () <.0 -li ~?-- This is to certify that the information here given is correctly copied fro~ an original cert;ificate of death duJ?,. filed wlth me as Local Registrar. The original certificate will be forwarded to the State Vltal Records Offlce for permanent fllmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 12727076 No. )j.~...~;~~ Local Registrar . AUG 3 0 2006 Date o ~~p (~~? . -2 ~3' (;~ ...l :3s ~-; ):> COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH 19. -.NImo(fnt._,_........ Mary McCoy n. InIonn..rs MaIIilg -IShot, city ,_, _"" cadll 1347 Georgetown circle, Carlisle, PA 17013 210. PIa or llspooiIon (N... or CIII1lItIIy,....-y.,_ place) Westminster Memorial Gardens 6. DoIeofllith llanIl, .--., 70 811. CounIy orllllllh \. Clmberland Oct. 26, 1935 Carlisle, PA 11II. FICillyN_III1lll_,p__nunlleIl Carlisle Regional Medical _of ...COnal............ lli1dor_/1nduslry Erectors 12. W.OocodonI....inlhe U.S.Annod~? [Jy.. DNa ~ --.,. 17.. S1Ilo !lb. Counly PA CUmberland Sr. fa !'l ~ _23K...,_ c:djOIg "..,.., ill1llI_ allmoof_1D ...,...or_. _24-2llmuollll....,-lll'_ --_. ............ -: Onoot ID DoIiII 301. w... N*4Jt'I - n. _ N*4Jt'I Av_ PIIor ID CcmpIetion 0Ic..0I1l1l11h? 31. _oICoo1l a'-at D- D -- D PorvlIng IrMolIgoIon 3<11. T'moci~ 0- OCDUldNolbe~ II 321. I T ranIjIOItalion IrfIrY (SpocIyj DIlItver/Cl>orlOlr 0"- 0-" o Ohf. Spod'y: 33b. Si\JlalIn and TlIIe or Ov.. ~ Dv.. DNa l5 lil &l ~ I 331. ~(_cny_' . CooIlIylog""'-' ~cMIlyiIgtallOoI_ -. _~ haI ~ dolltl a1d compIotod Itom 23' T....._oI..,.............._ __.... 10""""""'_" 1lotIJI_ _ _ _ _ __ _ _ _ _ _ _ __ _ _ ___ _ _ _ _ _ _ _ _ _ __ _ _..D . .........-. _ ~ JIIIyoIdooI \PhyIIdIn bolh pIOf1CUnClng _ a1d c;erIifjing ID C&lIII 01_' T."" _01..,............___....._, _,.... pIM>>, Ind duo 10"".....)",...._.. IIolId.. _ _ _ _ _ __ _ _ _ ___ _ ___ . =-:::-~ ...1 or 11IVIItigItiooI, In my"""" _ __ II.... _. _.... plica.... duo 10.... ClUM(I) -_..1IIlf'l. _..D 36. Dato FIIId lllanlh, day, yea-) 35. . a1d~~tu...~~~ lcil \ ~ 4. Dato 01 DoIiII (IlonIh, d!l..!""l August 2tl, 2006 Did 0Ic0denl Uvo In I 170. 0 v.., OocodonIlMd il T""""",,,1 r-1 17d.XJ :...~ollivlol- 21d. LocaIion (City 1_. _, "" cadi! Carlisle, Pa 17013 Home 23c. DaIo$91odlManll,day.yea-) ,....." c::::l <::::) en _.,,-~ _... J rn"i i (.-) ;:;3 C7 , . , C''':;' ;;;:::: c:::> <:: I ....... ;:r:..". :J: (~) ....'.1 -q (=; (Or') w o Twp. Carlisle cay 18000 28. Old Tobacr:o Uaa CanrIlluIIID 000Il? D v.. 0 ProboIlIy DNa Du,*,-, 29. WF....: o NIllJlllllnanl_ pill yur D PIognn ._01_ D Not ~ butprognanl_ 42 days ol_ D Not ~ but JlIIll- 43 da", ID 1 yur d_ O Unlnownlf ptognor4 _Ihe 11III,.. 321:. _oI....,._,F...,Snet.Fg,y, llIIice 1luIding, etc. (S/locIW f2- ~ Af ~ 33c. Ldnse NunW 33d Dato $91od Illo"tll. day, jOIl'). c:::>//oo?,b1-L S'~2-~/4 ~. _or.d~oI_WhoComPolo!dCauooofOlll1IIlon127) TIPll/PrinI /4: r;. # ;V~'.//r//' ?'-=>: "Z-'2A? (1;/,""'-:>""""", ) r <;/Y/Z- l..JiR~- I? -"'I':] 008259-00003/9.25.97/EGM/NLB/101253 '0 I . 11lHSt mill Hnb mrstHmrnt OF ("J t- CHARLES W. TRA VITZ, JR. S-~J ~ (~;;~ ~~ ~,~ ; -J7 -- I, CHARLES W. TRA VITZ, JR., of North Middletown Township, Cumb~ Courtty, _ (J Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish arid declare this.as and for my Last Will and Testament, hereby revoking and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II TANGmLE PERSONAL PROPERTY I give and bequeath my motor vehicle(s), household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my wife, ISABELLE L. TRA VITZ, provided she survives me by thirty (30) days. In the event that my wife, ISABELLE L. TRA VITZ, is not living on the thirty-fIrst (31st) day following my death, I give and bequeath the same unto my children who survive me to be divided among them by my Executor in as nearly equal shares as practical, any item as to which there is disagreement to be disposed of as part of the residue of my estate. . .,.", l::'_J C::.J c::-. :"'TJ J~-l'l C ) C) ~:;...J C--J 1-(1 C'J C) '-'t __ -- :-1--1 [:5F~ (/) c> - ; I 008259-00003l9.25.97/EGMlNLB/101253 " , ' .. ARTICLE m MARITAL DEDUCfION TRUST Ifmy wife, ISABELLE L. TRA VITZ, survives me (and I direct that for purposes of this Article of my Will she shall be deemed to have survived me tmless it appears unmistakably that she predeceased me), and if the federal estate tax due because of my death will be reduced by making this gift for her benefit, I give, devise and bequeath unto my Trustee hereinafter named, IN TRUST, to hold, manage, invest and reinvest, the least amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculating the federal estate tax. However, the state death tax credit shall only be taken into account to the extent that it does not increase the amount of tax payable to any state. Accordingly, I direct that: A. If the marital deduction, or any other similar benefit, is allowable with respect to any property, including property held by entireties, which my wife, ISABELLE L. TRA VITZ, has received prior to my death or at my death will receive otherwise than pursuant to this Article m, the value of such property shall be taken into consideration in calculating the size of the gift under this Article m. B. No property ineligible for the marital deduction, or any similar benefits, shall be distributed to this gift for my wife, ISABELLE L. TRA VITZ, pursuant to this Article m. C. Either cash or investments or both may be allocated to any gift under this Article m. D. Any property allocated under this Article m in kind shall be valued at the value which it is finally included in my gross estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax pmposes. " 008259-00003I9.25.97/EGMlNLB/101253 I ' E. My wife, ISABELLE L. TRA VITZ, shall be paid the entire income from the principal in such periodic installments as the Trustee shall find convenient, but at least as often as quarter-annually or else applied directly for her benefit by the Trustee. Income that accrues between the date of the last distribution to ISABELLE L. TRA VITZ and the date of her death shall be distributed to her estate. F. My wife, ISABELLE L. TRA VITZ, is hereby given a power to appoint by Will to her estate or to others, in such manner and for such estates as she may appoint, exercisable only by specific reference by her alone and in all events over the principal of this Trust. G. AB much of the principal of this Trust as the Trustee may from time to time think advisable for the support of my wife or during illness or emergency shall be either paid to her or else applied directly for her benefit by the Trustee. H. In addition to the above provisions, my wife, ISABELLE L. TRA VITZ, shall have the power to withdraw such amounts from principal as she shall desire from time to time including the entire exhaustion of principal. I. If my wife, ISABELLE L. TRA VITZ, shall fail, either wholly or in part, to exercise effectively the power of appointment created in the preceding Paragraph F of this Article ill, theunappointed principal shall be added to and thereafter treated as part of, the principal of my residuary estate passing under Article N hereof, provided that the Trustee shall first deduct and pay to the personal representative of my wife's estate an amount equal to the increase in federal and state death taxes and any increased administration expenses which her estate will have to pay because of the inclusion of the principal of this Trust in her estate for tax or administration purposes. J. If any provision of my Will shall result in depriving my estate of the marital deduction for federal estate tax purposes, such provision is hereby revoked and my Will shall be read as if any portion thereof inconsistent with allowance of the marital deduction for federal estate tax purposes is null and void. 008259-00003l9.25.97/EGMlNLB/101253 ARTICLE IV CREDIT BY PASS TRUST I give, devise and bequeath all the rest, residue, and remainder of my Estate, of whatsoever nature and wheresoever situate, unto my Trustee hereinafter named, IN TRUST, however to hold, manage, invest and reinvest the same for the following uses and purposes: A. To pay the net incOme therefrom at least as often as quarter-annually unto my wife, ISABELLE L. TRA VITZ, for and during her lifetime. B. As much of the principal of this Trust as Trustee in its sole discretion may from time to time think advisable for my wife's health, maintenance, and support to maintain her in the station of life to which she is accustomed at my death, or during her illness or emergency shall be either paid to her or else applied directly for her benefit by my Trustee after taking into account other assets and sources of income available to her. Insofar as practical no principal of this Trust shall be paid to my wife, ISABELLE L. TRA VITZ, or applied for her benefit as long as any principal remains in the Marital Deduction Trust created in Article ill. C. Trustee may apply the net income of this Trust for the support of my wife, ISABELLE L. TRA VITZ, should she by reason of age, illness or any other cause in the opinion of my Trustee be incapable of disbursing it. D. Upon the death of my wife, ISABELLE L. TRA VITZ, or at the time of my death should my wife, ISABELLE L. TRA VITZ, predecease me, I direct my Trustee to distribute the balance of the principal and undistributed income unto my then-living issue, per stirpes by representation. 008259-00003l9.25.97/EGMINLB/101253 " ARTICLE V FURTHER TRUST: BENEFICIARY UNDER 21 Should any person entitled to a share of my estate not have reached the age of twenty-one (21) years at the time for distribution to him or her, I devise and bequeath the share of each such person unto my lRUSTEE hereafter named, IN SEPARATE lRUST, to hold, manage, invest and reinvest the shares so received, and to use and apply the income and principal, or so much thereof, as in Trustee's discretion, may be necessary or appropriate for such beneficiary's support and education (including college education, graduate and under graduate and vocational training), without regard to his or her ability to provide for such support or education or to make payment for these purposes, without further responsibility, to such beneficiary or to any person taking care of such beneficiary. Trustee shall distribute one-half (1/2) of the then-remaining principal and any income accumulated thereon unto such beneficiary when such beneficiary shall reach the age of twenty-one (21) years and shall pay the net income therefrom unto him or her until such beneficiary attains the age of twenty-four (24) years, at which time Trustee shall distribute the then-remaining principal and any income accumulated thereon unto such beneficiary absolutely, and the Trust as to that beneficiary shall terminate. In the event any beneficiary dies before receiving his or her final distribution hereunder, such beneficiary's trust shall terminate and the balance of principal and income shall be distributed to his or her personal representative. ARTICLE VI TERMINATION OF SMALL TRUSTS If at any time during the continuance of any trust created hereunder, the Trustee, in its sole and absolute discretion, determines that the size of any individual Trust has become so small as to be impractical to continue to hold in Trust and uneconomical to continue to administer as a Trust, then in such circumstances, the Trustee may, without further authorization, distribute the balance of the principal and income in such Trust to the beneficiary then-entitled to the income therefrom, and upon such distribution, the Trustee shall be released from further obligation with respect to that Trust and shall not be subject to any claim from any person who may have had a future interest in such Trust had it been continued in Trust. 008259-00003/9.26.97/EGM/NLB/101253 ARTICLE vn SPENDTBRIFf PROVISIONS The interest of the beneficiaries hereunder or the beneficiaries of any Trust created herein shall not be subject to anticipation or to voluntary or involuntary alienation. ARTICLE VllI TAXES I direct that all death taxes shall be paid from my residuary estate passing under Article IV of this Will or, to the extent determined by my Personal Representative, by the Trustee from property (if any) distributable directly to the Trustee. In no event shall the payment thereof (i) reduce or otherwise affect the amount (if any) distributable under Article ill except to the extent that property remaining in my gross estate after satisfaction or provision for satisfaction of all debts and expenses of administration, and all inter vivos and testamentary dispositions (other than under Article IV) of property included in such gross estate which do not qualify for the federal estate tax marital deduction, shall be insufficient to satisfy all death taxes in full and (ii) be made from any property which is not includible in my estate for the purposes of one or more of such death taxes and which would be so includible if used for such payment. ARTICLE IX ELECTIONS - OPTIONS My Personal Representative shall have full power to exercise, in hers, his or its sole and absolute discretion, any elections provided by the Internal Revenue Code ("Code"), other statutes and regulations, state and federal, relating to the administration of my estate and the Trusts herein created, including but not limited to the following: 008259-00003I9.25.97/EGM/NLB/101253 .' A. To join with my wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent for federal gift tax purposes to having gifts made by my wife during my lifetime treated as having been made one-half of my wife and one-half by me. B. To make the election described in Section 2056(b )(7) of the Code in respect to all qualified terminable interest property (or any specific portion thereof) includible in my gross estate to such extent as my Personal Representative shall deem to be in the best interests of my estate and beneficiaries thereof, and any determination made in good faith by my Personal Representative to make or not to make such election shall be binding and conclusive upon each person having any interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. C. To make the allocation of the Generation Skipping Transfer Tax exemption allowed to an individual pursuant to Section 2631(a) of the Code in such manner as my Personal Representative shall deem to be in the best interests of my estate and beneficiaries thereof, any determination made in good faith by my Personal Representative with respect to such allocation shall be binding and conclusive upon each person having no interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. D. To choose the alternate valuation date for federal estate tax purposes, without regard to whether the size of any marital deduction shall will be increased or decreased thereby, without requiring reimbursement. ARTICLE X POWERS - PERSONAL REPRESENTATIVE AND TRUSTEE My Personal Representative and Trustee shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, 008259-00003/9.25.97/EGM/NLB/101253 including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To have full authority to deal with any business interest as freely as I might in my lifetime. B. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. C. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. D. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. E. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. F. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. G. To borrow from or to sell to my Trustee even though such Trustee may be my personal representative. H. To compromise any claim or controversy. 008259-00003/9.25.97/EGM/NLB/101253 . ' ARTICLE XI TRUSTEE I name, constitute and appomt ORRSTOWN BANK, Trustee of any Trust created by me in this my Last Will. ARTICLE XII PERSONAL REPRESENTATIVE I name, constitute and appoint my wife, ISABELLE L. TRA VITZ, Executrix of this my last Will and Testament. If my wife, ISABELLE L. TRA VITZ, fails to qualify or ceases to so act, I name, constitute and appoint ORRSTOWN BANK, Alternate Executor to complete the administration of my Estate. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction for the faithful performance of the duties required therein, but if a bond is nevertheless required, it shall be without surety. If ancillary administration is necessary in any other state, I authorize my Executrix, or successor, to so act in such state without the necessity of posting bond. IN WITNESS WHEREOF, I have herelmto set my hand and seal to this, my Last Will and Testament, thi~"'dayof~ , 1997. ~W~(SEAL) CHARLES W. TRAVITZ Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, 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. 008259-00003/9.25.97IEGMlNLB/101253 . . ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND We, CHARLES W. TRA VITZ, JR., ~ 01."-"'& C m ~ ~ anca:p1.\ ~~r el' \/1..- (l .~, ~,~, the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly and that he executed it as his free and voluntary act for the pmposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best ofhislher knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~a4U~~ HARLES W. TRA VITZ, ~1J~ Witness ' ~ubscribed, sworn to and acknowledged before me ~_ W. TRA VlTZ, JR., Tes,tator, and r~mWl{\ C t m ~~S and ~'Ue\)~ ~" ~~ __, witnesses, this :Ji.t{1tiay of~ ' 1997. ~,~ fRQ1~ Notary Public Notarial Seal Nancy L. BlstUne. Notary Public ~ 80m. Cumberland County My Commission Explr(ls Nov. 23. 1918 Member. Penneytvar.18 h1eoel8llon of NotIIteI