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HomeMy WebLinkAbout05-07-07 . Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Helen A. Fisher NO.;I-./ ~ 07 - 0 lf~ 0 also known as , Deceased Social Security No. 208-24-4340 Linda M. Hergenroeder and Thomas C. Fisher Petitioners, who are 18 years of age or older apply for: COMPLETE "A" OR "B" BELOW:) ~ A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated December 11, 1999 and codicil(s) dated None 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: No exceptions o B. Grant of Letters of Administration (c.I.a., d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Cl Petitioners after a proper search has/have ascertained that Decedent left no Will and was surviveid;~~the foll~ing spouse (if any) and heirs: .'. - , . I Name Relationship Residence ."- -- .- . I -: -c- -v .:..'! r',.,) C'l ".., (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 6369 Stephens Crossina. Mechanicsbura. Cumberland County, Pennsylvania 17050. (Hampden Twp). (list street, number and municipality) Decedent, then 73 years of age. died April 30. 2007 at Carolyn Croxton Slane Hospice, 1701 Linalestown Road. Harrisbura. Pennsylvania 17110. 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 ................................................................................................... $ Total............................................................................................................................... ...... $ Real Estate situated as follows:6369 SteDhens Crossin!:!. Mechanicsbur!:!. PA 17050 240.000 160.000 400 000 Wherefore, Petitioners respectfully request the probate of the last Willpresented with this Petition and the grant of letters in the a ro riate form to the undersi ned: Signature Typed or printed name and residence Linda M. Hergenroeder 416 Hillcrest Road, A ex, NC 27502 Thomas C. Fisher 1330 Silver Circle, Bartlett, IL 60103 f 2 (Dauphin County - Rev. 9/92) ~ Commonwealth of Pennsylvania County of Oath of Personal Representative The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. Sworn to and affirmed and subscribed before me thisr day of ~~~ /..). ~ .: -) . '~~2 , '., -..J ,"'" ~,," ~ DECREE OF REGISTER ~: r- --....,J No. a I -07 - Otfl/O -r: . Estate of Helen A. Fisher, Deceased also known as Social Security No.: 208-24-4340 ;',) Date of Death April 30, 2007 -I co-: c, AND NOW, consideration of the Petition on the reverse ,20Ein factory proof having been presented before me, _ IT IS DECREED that Letters [8] Testamentary 0 of Administration (c.I.a.; d.b.n.c.l.; pendente lite; durante absentia; durant.e minoritate) are hereby granted to Linda M. Heraenroeder and Thomas C. Fisher in the above estate and that the instrument, if any, dated December 11. 1999 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . Short Certificate(s) .i....~...... 'R't:IIUIlGIClOOn \DiU............. Affidavit ( ) ......................... Extra Pages ( ) .................. Codicil.................................. JCP Fee ............................... Inventory &Tax For~s ........ Other Clu.tea)Q.JiYb... TOTAL.................... Form RW-1 Page 2 of 2 (Dauphin County - Rev. 9192) 2;&10 f 0:> 3~.PV ~, S~ (;-0 $ $ $ $ $ $ ...LI D I CD $ $ bID d;M.OV Attorney: I.D. No.: Address: ~ Q , Carl G. Wass Q.J\..\ 07268 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Telephone: DATE FILED: - -------------- ,..... . -f'.-' /Y {' f f' H10::;.~05 R-SV ~/0':' C;" ~---', - U -- (1' '....... 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 fillng, WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 No. 4~~~~~'~ ocal Re istrar (J p 13354209 MAY O? 2007 Date -...... --.; -T"' r",-) REV 1112006 PRINTIN \ANENT ~KINK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions snd examples on reverse) "'r: 0\ 1. Nlnwc/Decedent(FinIt,_,1asl.suIIix) Helen Ann 5. AGe (Wllllnhday) Under 1 - 6.Oa1eoflllnh_, , 3. _ SocurIty Number 208 - 24 -4340 6a. PlaoeofDeolh (Chock one) HoIpit8l: Other Nov. 12,1933 Lebanon, PA Olnpallenl OER/Outpallenl OooA ONuIlingH<llM DR"""'" &d. Facity NamlI (If nc/ _, give _ nt nunbo<) 9. Was Dec:odont 01 HloparO: O<igln? .Kl No 0 Yes . . (n yell, spocl1y Cuban, Tw C. C. Slane Hosplce Resldence _,_Rlcan,etc.) 12. Was _.... ~ tho 13. Docodert. E_ (Specl1y only t;pst grade COI11lleted) U.S,Annod F_? EIemonI8Jy/Secondaly (1).12) College (1-4 or &0) Ov" ~ 1 2 4 '=~ 171.State PennsYlvania 1?b.CouIIy Cumberland 7. nt_.. STATE FILE NUMBER 4. Dat. olOealh (Moolh, day, year) A r.30,2007 73 VII. llb. CouIty of DeoIh Dauphin 11. 0ecedInt'1 UIuaI Knlof_ DId Oecedent LIve~. 1?C.~V.,DecedentLlved~ Hampden TownsNp? 17d.O No. Decedent LIved_ AdueI ~of Top. CityIBoro 19. MoIler'.Nome (Rrst,_,_""""",) May Haas 2lI>._l's MeIIng_(_c:ltyI-,_, ztp_) 416 Hillcrest Rd., Apex,NC 27502 21cPleceofOlsposltton(Nomec/'*"8Iely,_"olhe,plece) 21d. l.ocstton (Cityl_,_,ztp_) Resurrection Cemetery arrisburg,PA17112 Hummel Ave.,Lemoyne,PA17043 231>. Lk:en8e Number 23<. Dele Slgned (Monlh, day, yell~ I.) 25. Dele - ~ (MorIh, day, ~ .'/7 r M. . {,3t> pzoo7 CAUSE OF DEATH (See __ _ ..ompIoo) Item 27. PerIl: Entertho-...t.lillllll-_, 11Urtes, "~-l1eIdIrec:Ity_lhe _. 00 NOT enter_ ......""" IScenIec,""" respntoly ,"",," -. _lion"'" st-.g lhe -.gy. Usl only one CSU18 on _.... 26. Wall Cast AeI8rTed to MecIcaI Examner I Coroner for a Reasoo Other than Cremation or Donation? OV" ~No ~ /1 .:XI / V I Approxinete inlsMt I Onset to Death I I I itl)tJ~ I I I I I I I I I I Part II: Enter oI'IElI' IIianlIicanI oonrIIIM8 amtribuIm to dMItI butnc/....lIk1ginlhe~ngCSUl8gi'1en~ PII1I. 28. DId T-.:o Use ConIrIlUIe to Dsath? o v.. 0 i'IabIy ONo OU- 29. n FIIl18io: o NoIpl8QIIII1t_putyesr o "'-"' at lime c/ dHlh o NoIpregnenl.butpregnsnt_42days c/_ O NolPl9gNl<1tbulpngnant43dsyslo' yesr beIOIedselh o Un1cnownlpregnanl_lheputyesr 32c ==:,,"~j_ FICIoIy, ~~=~ . SfVlhl-i.. uu. CIWUIW~A O~ L/ltv6 /D Duelo{OI'asa~of): SecaJIntillIv let condIIons, If Iny, 181dna101he...lIl8donlnea. Enter!l8 UNIlERLY1NG CAUSE ="~~~ b. Due 10 (<< IS a consoquence 01): c. Due to (or as a consequence of): d. 3Oe.WuenAl*'!>8\' - Ov" ~No 301>. w... Al*'!>8\' Rndngs A__toeon-. 01 Cet.oe c/ Oealh? OV" ONo 31.110",<< 01 Oealh ~- 0- o Acddent 0 PendIng Ilwe81Igetton 0_ OCaUdNolbe~ 32d lime c/ "'Ill\' M. 32f.IfT-","tn;.y(Speclly) OllriYerlOperelot OP_ 0- Olher . SpecIfy: 33b. 32g. Loc:etton of Irju<y (Slreel, city Ilown, _I 33s. C8ItilIer (check only one) . CeItIlyIftg~(PhysIcIsnC8flltylngC8U18c/_"","IIIlllher~""pronounced_""~Item23) To!hebestafreylmWdge, _ _due to !he C8U88(.) IIId -.. __ _ _ _ __ _ __ _ __ __ __ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ 0 . =':.';=~'=:=~~..::tk>~=__..___________________ ~ :::' =..= 1IId' '" -.......11I my aplnIon. _ occurred.. !he -. -. 8t1d plece. IIId due to !he C8U88(.)1IId __.. __ 0 35. ~ "". ?i272"';;';? 34. Nome nt_ of Person Who CampIetod~Oealh (110m 27) Type I Print A.lHq'hll't~ ,0 12b"'V 1', hiP ~q I'f- 'Tn.,....... ~6' n/Z-p/h ~p rlJ4.... ,-1+ I" OJ) Otspos/lion Permit No. l! II ii I I I I ! LAST WILL AND TESTAMENT r) OF HELEN A. FISHER --.J --; t '"j I, HELEN A. FISHER, presently of Hampden Township}.-' I Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make and publish this my Last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made. ITEM I. I direct that all my just debts, funeral expenses and inheritance taxes which may become due as a result of my death be fully paid and satisfied out of the residue of my estate as soon as conveniently may be after my decease. ITEM II. I give and bequeath to my son and daughter the following items of tangible personal property, to wit: A. To my son, Thomas C. Fisher, presently residing in Bartlett, Illinois, the brass bed which came from his father's side of our family, and the grandfather clock which my son had gifted to me. B. To my daughter, Linda M. Hergenroeder, presently residing in Harrisburg, Pennsylvania, the three-piece cherry bedroom suite which was handmade by the Smith family, any teapots which I may still possess at the time of my death, and any personal jewelry which I may still possess at the time of my death. C. All other tangible articles of personal property located within my household at the time of my death shall be divided equally between my son and my daughter as they may agree between themselves; however, if they cannot agree, such personal property shall be sold at public auction and the net proceeds therefrom shall become part of the residue of my estate. ITEM III. All of the rest, residue and remainder of my estate, of every nature and wherever situate, I give, devise and bequeath in equal shares to my son and daughter, above named, subject, however, to the following conditions and limitations: A. The one equal share of my estate for the benefit of my son shall be paid to him directly, but, if my son shall have predeceased me, then his share shall be distributed to his issue, per stirpes, subject to the provisions of "TRUST FOR ISSUE" hereinafter set forth. B. The equal share of my estate which shall pass to my daughter shall be subject to the following limitations and conditions, to wit: 2 " 1. In the event the gross value of my estate for Pennsvlvania inheritance tax purposes shall be in excess of One Hundred Ten Thousand (Sl10.000.00) Dollars, I direct that fifty (50%) percent of my daughter's share of the residue of my estate be paid to her and that the remaining fifty (50%) percent shall be paid to her onlv if such remaining sum is utilized by her for the purpose of purchasing a primary residence or is applied to a direct reduction of mortgage principal upon a primary residence of which she is the owner or co-owner. In the event my daughter does not own or co-own a primary residence, or does not choose to use the aforementioned gift to purchase a primary residence, then, I direct that the aforementioned fifty (50%) percent of her one-half share of my estate be paid to Dauphin Deposit Bank, Trustee, ln the LINDA M. HERGENROEDER TRUST, and further direct that Trustee shall pay all income from said trust to my daughter in convenient, but no less than quarterly, installments for the remainder of my daughter's lifetime, and, upon her death, that the Trustee pay the principal of said Trust, in equal shares, to the living issue of my daughter, subject, nevertheless, to the terms and 3 'I conditions of the provision for "TRUST FOR ISSUE" hereinafter set forth. 2. In the event the value of my gross estate for Pennsylvania inheritance tax purposes shall be less than One Hundred Ten Thousand ($110,000.00l Dollars, then, the entirety of the gift herein provided for my daughter shall be paid to her only if the entirety of the gift is utilized by her for the purchase of a primary residence of which she is the owner or co- owner, or is utilized in the direct reduction of principal of a mortgage loan upon a primary residence of which she is the owner or co-owner. In the event my daughter cannot use or does not choose to use the gift for the intended purposes, then I direct that the entirety of my daughter's gift shall be paid to Dauphin Deposit Bank, Trustee of the LINDA M. HERGENROEDER TRUST, to be held and administered by the Trustee in accordance with the provisions set forth in the immediately preceding paragraph of this ITEM IV of my Will. 3. In the event my daughter shall have predeceased me, then her share shall be distributed, in 4 II equal shares, to her issue, subject to the provisions of "TRUST FOR ISSUE" hereinafter set forth. ITEM IV. TRUST FOR ISSUE. In the event any of the issue of either my son or my daughter shall be entitled to any share of my estate, either at the time of my death, or thereafter, by reason of any distribution to be made from the LINDA M. HERGENROEDER TRUST, and any of such issue shall be under the age of thirty (30) years, then direct the share of such issue shall be paid to Dauphin Deposit Bank, Trustee, IN TRUST, for each of such issue who shall be under the age of thirty (30) years, with the further direction that Trustee shall: A. If the issue of the trust shall be my grandchild, Trustee shall payor apply all of the income and as much of the principal of the trust as, in the sole discretion of my Trustee, is deemed necessary and appropriate, to provide for the health, comfort, and education of that grandchild. B. Upon the attainment of the issue who is my grandchild to the age of thirty (30) years, the trust of that grandchild shall terminate, and Trustee shall pay to that grandchild the entire remaining balance of the Trust, together with any undistributed income. c. In the event the issue entitled to a share of any trust created hereunder shall not be my grandchild, but 5 II shall be a great-grandchild, or great-grandchildren, I direct my Trustee to terminate the trust and to pay, in equal shares, to my great-grandchild or great-grandchildren the equal share of the trust to which each of them is entitled (principal plus undistributed income), or, if any of them shall be minors, payment shall be made to the natural guardian of each. ITEM V. TRUSTEE POWERS. Notwithstanding the normal provisions of trust responsibilities imposed upon Trustees in accordance with the provisions of the Pennsylvania, Probate, Estates and Fiduciaries Code, I hereby direct that my Trustee shall have the following powers and duties: A. To retain any or all of the assets of my estate, without regard to any principle of diversification, risk or productivity. B. To invest in all forms of property without restrictions to investments authorized for any type of fiduciary. C. To compromise any claim or controversy. D. To loan money to or to purchase property from my probate estate. 6 '1 E. To borrow money from any person, including any Executor or Trustee, and to mortgage or pledge any real or personal property. F. 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 all for such prices and upon such terms and conditions as it deems proper. G. To allocate receipts and expenses to principal or income or partly to each as it deems proper. H. To repalr, alter or improve any real or personal property. I. To distribute in cash or in kind or partly in each at valuations fixed by the Trustee. J. To purchase investments at premiums and to charge premiums to income or principal or partly to each. K. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; and to generally exercise all the rights of security holders or employees of any corporation. 7 " I I L. To register securities in the name of a nominee or in such manner that title shall pass by delivery. M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable, without liability for disbursements made on such assumption. N. To add to the principal of any trust created by this instrument any real or personal property received from any person by deed, will or in any other manner. O. To exercise all power, authority and discretion given by this instrument after the termination of any trust created herein until the same is fully distributed. P. My Trustee may commingle the assets of any trust estate created by this Will in anyone or more common funds for greater convenience and flexibility. Q. To employ attorneys, accountants, engineers and such other persons, professional or otherwise, as may be necessary for the proper administration of this estate or trust, and to pay their compensation from such funds. R. I authorize the Trustee to pay from the income or principal of any trust fund an amount which it shall determine as proper and reasonable to compensate the 8 guardian of the person of any minor beneficiary. It is my desire that whoever should assume this responsibility of raising minor children should be properly compensated from the trust estate herein provided. s. I authorize the Trustee to purchase from the trust fund or funds any type or manner of insurance which it deems to be in the best interest of the beneficiary. T. I authorize the Trustee, in its sole discretion, to advance funds from the trust fund to my probate estate for the payment of any part or all of the death taxes or costs of administration of any obligations that I may have at my death. u. To carryon any business owned or controlled by me at my death for whatever period of time the appropriate fiduciary shall think proper, and the appropriate fiduciary shall have the power to do any and all things he or she deems necessary or appropriate, including the power to incorporate the business, the power to borrow and to pledge assets contained in my estate as security for such borrowing, and the power to closeout, liquidate, or sell the business at such time and upon such terms as the appropriate fiduciary shall deem best. 9 " ITEM VI. All principal and income shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to attachment, execution or other legal process. ITEM VII. I appoint my son, Thomas C. Fisher, and my daughter, Linda M. Hergenroeder, to be and act as Co- Executors of this, my Last Will and Testament. In the event one of my children shall predecease me, or otherwise fails to qualify as Co-Executor, I appoint the survivor as sole Executor or Executrix, as the case made be. No bond shall be required of my Trustee, my Co-Executors, my Executor or my Executrix in Pennsylvania or any other jurisdiction. this IN WITNESS WHEREOF, I have hereunto set my hand and seal lid . r\ ~ J.j~.t?~..1 1/ day of , 1999. I /~ 4' ~~'g ."v :/ j/~. ~.../ t/.4/ Helen A. Fisher The preceding instrument, consisting of this and nine (9) other typewritten pages, was on the date thereof signed, published and declared by HELEN A. FISHER, the Testatrix therein named, as and for her Last Will, in the presence of us, who at her request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. Residing at ... c:<.~ c Residing at .9~c, 103166-1 ~ z. Z- C5C) ~ 10 r>; 1';-<, - ("\l 'I f O. ()I, / -U '-..; /1 REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESSES Barbara A. Creasey and Richard G. Creasey, each a subscribing witness to the Will presented herewith, having been duly qualified according to law, deposes and says that they were present and saw Helen A. Fisher, the Testatorix, sign the same and that they signed as witnesses at the request of Testatorix in her presence and in the presence of each other. Sworn to or affirmed and subscribed before me this .3e() day of /lJ.4f #l../Jf' ,2007. ~. ~/ . otary ublic. -J3~r-dJ. dLA Q .&~ Barbara A. Creasey 249 Thwaite Lane. Winchester. V A 22603 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TAMARA S. HAIR, Notary Public Susquehanna Twp., Dauphin County My Commissjpn Expires Au ust 26, 2008 :&4C;;;;; Richard G. ereas:;}. 249 Thwaite Lane. Winchester. V A 22603 My commission expires: Sworn to or affirmed and subscribed before me this 3 ~ day of J7J1'f ,2007. ~/ No ry Pub ic . My commission expires: 117058 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL S TAMARA S. HAIR, Notary Public M c:~a~na Twp., Dauphin County mlSSlOO Expires Au ust 26,2008 r: ) -- ._.,~. -,--1 - .. c:> 0.