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HomeMy WebLinkAbout06-28-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY,PENNSYLVAJITA Estate of Alice F. Lehmer also known as File Number 0. \ D\ . Dl()\<1 , Deceased Social Security Number 192-30-0432 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) llJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated December 19, 1990 and codicil(s) dated named in the (State relevant circumstam:es, 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 instrument(s) offered !"'..;) for probate, was not the victim of a killing and was never adjudicated an incapacitated person: 2 5 "::c J'~ ';~ ~ U3~3 o B, Grant of Letters of Administration' T () '::::!": ( ", ...0 (If applicable, enter: c.t.a.; db.n.c.t.a.; pendenJe lite; durante absenJia; dur~ritate9">:':~ (."~ ',c""'-:::D CO 'J.I (.:J Petitioner( s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following' ~ any H'Pd he~~ <jQ; Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs) , .',~Q" ::x "'~:: ~ j~ : ,'"- (~11 Name Relationship Re~nce _ (-'2 N (COMPLETE IN ALL CASES:) Attach additional sheets Ifnecessary. Decedent was domiciled at death in Cumberland 602 York Circle, Mechanicsburg, P A 17055 (List street address, town/city, township, county, state, zip code) County, Pennsylvania with his / her last principal residence at Decedent, then 67 years of age, died on December 5, 2006 at 602 York Circle, Mechanicsburg, P A 17055 Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (Ifnot domiciled in PA) Personal property in Pennsylvania (Unot domiciled in PA) Personal property in County Value of real estate in Pennsylvania 20,000.00 $ $ $ $ situated as follows: Wherefore, Petitioner(s) respectfuIly 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: d or rinted name and residence Marlin L. Lehmer 602 York Circle, Mechanicsburg, P A 17055 FormRW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS 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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly ~i . VJ~ I<,J,,, .j 1l~./ Signature of Personal Representative administer the estate according to law. Sworn to or affirmed and subscribed Signature of Personal Representative ("") So ::-;~:o ", Cl (") )~~ -:"~ en ^ -::'")0 -;(2-n '+\.,..- - ::0 -~ :_0 ~/. r--:I <= = --' C- c: :z: N CO ;<J,{1; ('"..... (,-,"') ~~:~;~;~ ~!;3 ;--,--, ,-'I --': '~J '," (~tQ \..... .I - fT~l before me the day of Signature of Personal Representative -0 ::Ie ~ N N File Number: ~ \ tJ, O\D\C1 . Estate of Alice F. Lehmer , Deceased Social Security Number: 192-30-0432 AND NOW. ~Il.~ ~ having been presented be re me, IT EC are hereby granted to Date of Death: December 5, 2006 ~ \':~ cto ~ illn a\ in the above estate FEES ~::=~e~i~~~~~~;:: L~.. : Renunciation(s) .......... $ \;.:)1\\ ... $ (' cdv, u \ .. . $ ~Lf' ...$ ~:\,-~ .. . $ ... $ ... $ ... $ ...$ ... $ TOTAL .. . .. . . .. . .. .. $ if/) cJ) %.QD Attorney Signature: \s. (p \ 'S . 00 \t). cJ:> S.ot> Attorney Name: / ..'- /~;;r~Obert Stauffer v' Supreme Court I.D. No.: 6356 Address: Market Square Building Mechanicsburg, PA 17055 Telephone: 717-766-9673 l \3. 00 -9:ge- FormRW-02 rev. 10.13.06 Page 2 of2 HI05;~\:O~0 certify that the information here given is correctly coPi~~a:~O~t:? ~~cg~~:; ~ef~~~c~~~ ~~:=~~~UZi~~~d with me as Local Registrar. The original certificate will be forwarded to the WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 ~~~~~ Local Registrar PA 170.0 V._lMd;, C umbe r 1 a nd 17c1~ :""O:-",lMd- Mec h ani c s burg 18. .............(Fi1I.---1 Mary Alice Allen :llII -.....~-(SnoI,drtl-._Z\l_1 602 York Circle Mechanicsburg PA 17055 21. ~"'__"'_'_"'_""') 21<1. .......(~I_-.Z\l-. Mechanicsburg Cemetery Mechanicsburg PA 17055 )}..JU~.h1 i:j 2tJd? Date p 13215363 No. o So :=j;g ~:J:O :::~93 "UJ^ Jc'JO ?11 :'.5 --i ~ H105143 REv 02f2008 T'tPE/~TIlI _r IllJ.Q(INK 1. ...."'-(Fi1I.-."""'-*I Alice F. ~ ""..........1 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH a""''''.... ...-... FEB 12, 1939 Harrisburg PA 80. fdly_l.not_..._........., 602 York Circle 11 -.UouII _'" . Oonot__. ....."'- ....."'_/....., Claims Adminast Insurance 16 --"-(SnoI,drtl_. _..._1 602 York Circle Mechanicsburg PA 17055 18 '-'-IFill, --so6ol ,2. w.0Ilc:8dIn....i1.. us........"""'? Ov_ l1jNo -... AwII R8aidenca 178. StIll 17b.~ ~ ~ ::;~ 3lo -........... (TlIlO/Plilll r. f'o..) = <=) ~ (... c::: :z: N CO :TJ ':) C) :..u C=J '11 .J",-~' '~::J -0 :x N .. (2 , , TJ (~-) rTl N N 2006 TO!> ~/1looo 2k -"'-"'fIcIIr MYERS FUNERAL HOME E MAIN ST MECHANICSBURG PA 17055 """-'" 23K ""_....... ~illlIII.........oI...b llIltIy...."'- _24-2Il_bo_bf_ ....--- --, 0n00I.. ~ =IMccniIiInI....,. ~ca-.w.tcm"'. Enlor __.... CNJlIE 1-'" o;.y "'_h --_--IIAST. ~ lJu.1lD(CIf_.~alt ~1lD(CII'..~ofI): d. 3OI.W.Ifl~ - 3lII_~-' 31 A__,,~ ",c..",.-.? Ov_ ~ "'-. ...... D- O- O""""'e__ Jal. T_"'~ 0...... 0 """"NoIbo~ II I Ov_ BNo 32;. ......."'I11wYI-.ciyl-.-1 !. l'l I'J l'! o I 330. c.-._"".... . CeotIlInI_I"-............"'-........-Jlh_............._....._lIom23} r...._"..,..........__........._l...__....._ _n _ _ _ _ _ _ _ ____ _ _ __ _ _ _ _ _ _ _ _ _ _ _ ___ . ~-==.~.:.=::=:..""::.':r:::::."";:....._..""'&<l__n__ _m_ _ _____lJ . =.:::-~ Md/Ol~" my opWon.dMItl (ll;QInwd ............ and pIKe, and due to .. ~)"'_.MIIflL_..D 361l11t__,....!Rl I J. I I l.;ll ( I.), I LC.. t A"'" (See Instructions and examples on ..v.....) 18. llIdToboca>U.~"'-'? o v-....a "'- Ii1f No 0 u...... 2ll.!.~, B'NoI__p.tW- 0.....,......."'_ o ..._but__42.... "'dedi 0..............._43.......,_ "'- o ",",-'__hp.t_ 321:. A1a"'.....'_.F...._f~. "'1luIOno.""~ . " LAST WILL AND TESTAMENT OF ALICE F. LEHMER I, ALICE F. LEHMER, of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and making void any and all prior Wills by me at any time heretofore made. 1. I direct the payment of all my just debts and funeral expenses as soon after my decease as the same can be conveniently done. 2. I'-..;) I give, devise and bequeath all the rest, residue a~Cfmain4!f '::'5::0 "- of my estate, real, personal and mixed, whatsoever and wheres~~~he~ '~?;'lJ N same may be situate, to my husband, MARLIN L. LEHMER, absolute~~~and u~ '- -,' ,,..-... S:~? ;:- ri conditionally. :iJ --~ r'-) N 'j r-~) .. 3. In the event that my husband, MARLIN L. LEHMER, should predecease me, or should he die within thirty (30) days from the date of my death, then in either such event, I direct the settlement and distribution of my estate to be made in the following manner, to wit: A. I give and bequeath all my personal belongings and household -1- -ry furnishings to my two (2) daughters, to wit, MARLA F. SECHRIST and JULIE A. LEHMER, share and share alike. B. I give and bequeath the sum of Twenty-five Thousand ($25,000.00) Dollars apiece to each of my two daughters, MARLA F. SECHRIST and JULIE A. LEHMER. C. I give, devise and bequeath my farm located along the Trindle Road in Middlesex Township, Cumberland County, Pennsyl- vania, which was purchased from Jacob Kretzing, to my daughters, MARLA F. SECHRIST and JULIE A. LEHMER, share and share alike. D. I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever the same may be situate, to THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA., in trust, nevertheless, for the following purposes, to wit; To sell, exchange, partition or otherwise dispose of any property, real or personal, of which I may die seized or possessed, or which may at any time form part of my estate or the trust created hereby, at public or private sale or sales, for such purposes, upon such terms and at such prices as it may determine. In this respect, it is my wish that in the event I still own or have an interest therein, that so long as my Trustee deter- mines it to be financially feasible to do so, that the farm located in Silver Spring Township, Cumberland County, Pennsylvania, which I q b.~ aFt- was purchased from the J. Harry Smith Estate in~ by a partner- -2- ship of which my husband, MARLIN L. LEHMER, was one of the partners, shall not be sold, but that the same shall be retained in kind by my Trustee, for and during the term of this Trust; however, if, at the sole discretion of my Trustee, it is deemed no longer feasible or beneficial to retain my interest in said real estate, then in such event, my Trustee shall have the absolute right and authority to pro- ceed to sell the same. My Trustee shall hold, invest and reinvest the corpus of said trust fund and shall collect the income derived therefrom and shall pay over said income, not less than semi-annually, to my two (2) daughters, MARLA F. SECHRIST and JULIE A. LEHMER, share and share alike, until such time as my daughter, MARLA F. SECHRIST, attains the age of forty (40) years, at which time said trust shall cease and determine and my Trustee shall payout and distribute the corpus of said trust fund, together with any income which may have accumulated thereon, to my two (2) daughters, the aforesaid MARLA F. SECHRIST and JULIE A. LEHMER, share and share alike, per stirpes. In the event that my daughter, MARLA F. SECHRIST, is forty (40) years of age or older at the time of my decease, then in such event, I direct that the foregoing trust provisions shall become null and void and that my Executor, hereinafter named, payout and distri- bute my entire estate, of whatsoever nature and wheresoever the same may be situate, to my two (2) daughters, MARLA F. SECHRIST and JULIE A. LEHMER, share and share alike, per stirpes. In the event that my daughter, MARLA F. SECHRIST, should -3- predecease me, or should she die before attaining the age of forty (40) years, then in such event, I direct that said trust shall continue until such time as my daughter, JULIE A. LEHMER, attains the age of forty (40) years, and in which event my said Trustee shall continue to hold, invest and reinvest the corpus of said trust fund and shall payout the net income derived therefrom not less than semi-annually, in two (2) equal shares, one (1) such equal share shall be paid to my daughter, JULIE A. LEHMER, and the remaining such equal share shall be paid over to the issue of my daughter, MARLA F. SECHRIST, share and share alike, per stirpes, and in this respect, I nominate, constitute and appoint THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA. Guardian of the estates of any minor issue of my daughter, MARLA F. SECHRIST, who may become beneficiaries hereunder, for and during the term of their minority, and upon my daughter, JULIE A. LEHMER, attaining the age of forty (40) years, said trust shall cease and determine, and my Trustee shall payout and distribute one-half of the principal of said trust fund, together with any income which may have accrued thereon, to my daughter, JULIE A. LEHMER, and the remaining one-half of the principal of said trust fund, together with any income accrued thereon, shall be paid to the issue of MARLA F. SECHRIST, share and share alike, per stirpes. In the event that my daughter, MARLA F. SECHRIST, leaves no issue to survive her, then in such event the entire income earned by said trust shall be paid over and distributed, not less than semi- -4- annually, to my daughter, JULIE A. LEHMER, absolutely and uncondi- tionally, until such time as she attains the age of forty (40) years, at which time said trust shall cease and determine, and my Trustee shall payout and distribute the corpus of said trust fund, together with any income which may have accrued thereon, to my daughter, JULIE A. LEHMER, absolutely. In the event that my daughter, JULIE A. LEHMER, should predecease me, or should she die before my daughter, MARLA F. SECHRIST, attains the age of forty (40) years, then in such event, my Trustee shall hold, invest and reinvest the corpus of said trust fund and shall payout the net income derived therefrom, not less than semi-annually, in two (2) equal shares, one (1) such equal share shall be paid to my daughter, MARLA F. SECHRIST, and the re- maining such equal share shall be paid over to the issue of my daughter, JULIE A. LEHMER, share and share alike, per stirpes, and in this respect, I nominate, constitute and appoint THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA. Guardian of the estates of any minor issue of my daughter, JULIE A. LEHMER, who may become beneficiaries hereunder, for and during the term of their minority, and upon my daughter, MARLA F. SECHRIST, attaining the age of forty (40) years, said trust shall cease and determine and my Trustee shall payout and distribute one-half of the principal of said trust fund, together with any income which may have accumulated thereon, to my daughter, MARLA F. SECHRIST, absolutely, and the remaining one-half of said principal, together with any income -5- "L " ,tJ J'0V' , ,,~-r \ capacity for any reason, then in such event, I \~.'~.' . appoint THE FIRST -itAIft(---Mft)-'l'ItlJST"- COMPMfT mr- )fJ.l yCV J ~ accrued thereon, shall be paid to the issue of JULIE A. LEHMER, share and share alike. In the event that my daughter, JULIE A. LEHMER, leaves no issue to survive her, then in such event, the entire income earned by said trust shall be paid over, not less than semi-annually, to my daughter, MARLA F. SECHRIST, absolutely and unconditionally, until such time as she attains the age of forty (40) years, at which time said trust shall cease and determine and my Trustee shall payout and distribute the corpus of said trust fund, together with any income which may have accrued thereon, to my daughter, MARLA F. SECHRIST, absolutely. 4. LASTLY, I nominate, constitute and appoint my husband, MARLIN L. LEHMER, Executor of this, my Last Will and Testament, and in the event that my said husband should predecease me, or should he be unable or un- willing to serve in such nominate, constitute and MKCBWKICSBUKG, PA. Executor of this, my Last Will and Testament, in his place and stead. IN WITNESS WHEREOF, I have hereunto set my hand and seal this J f day of December, A. D. 1990. ~/~<"LJ :ft', ~/h7U1~ Alice F. Lehmer -6- (SEAL) Signed, sealed, published and declared by the above-named ALICE F. LKBMKR, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~~ ~. ~- COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I, ALICE F. LEHMER , the testatrix 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 Testament; that I signed it willingly; and that I signed it as my free and volun- tary act and deed, for the purposes therein contained. Sworn and affirmed to and acknowledged before me by ALICE F. LEHMER , the testatrix ,this 19th day of December , A. D. 1990. COMMONWEALTH OF PENNSYLVANIA ~ ~~~n ~ ----- NOTARIAL SEAl.. MARY S. ROBINSON, NOTARY PUBLIC MECHANICSBURG BORD. CUMBERLAND CO. My Commission Expires Sept. 21, 1991 ) SS. COUNTY OF CUMBERLAND ) We, the undersigned, .J RORRRT ~TAnvwRR and JOHN M_ F~KTN , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, depose and say that we were present and. saw the testatrix, ALICE F. LEHMER , sign and exe- cute the instrument as k*~/her Last Will and Testament; that the said testatrix ALICE F. LEHMER , executed it as kis/her free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the testatrix ,signed the Will as witnesses; and that to the best of our knowledge, the testatrix was, at the time, eighteen (18) or more years of age, of sound mind, and under no constraint duress or undue influence. Sworn and subscribed to befor me this 19th day of December 1990. NOT ilRii;L SEAL MARY S. ROBINSON, NOTARY PUBLIC NICSBURG BORO. CUMBERLAND CO. Expires Sept. 21. 1991 AMENDMENT OF LAST WILL AND TESTAMENT OF ALICE F. LEHMER DATED DECEMBER 19, 1990 - PART 4 - PAGE 6 LASTLY, I nominate, constitute and appoint my husband, MARLIN L. LEHMER, Executor of this, my Last Will and Testament, and in the event that my said husband should predecease me, or should he be unable or unwilling to serve in such capacity for any reason, then in such event, I nominate, constitute and appoint my daughters, MARLA F. SECHRIST and JULIE L. LEHMER executors of this, my Last Will and Testament, in his place and stead. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,~/d day of January, A.D. 1991. - , ~ ~/ " ..' ".., -y"", ~~/ /:~~~~(>') ;( 0 -e4)?lt2/lj (SEAL) Alice F. Lehmer Signed, sealed, published and declared by the above-named ALICE F. LEHMER, as and for her Last Will an Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. mC-/~<1 ~ (~...A ~tA/.'.(A1 AA/ ) / .' f) '-7 z /~fa,,/ f .//x/'{, /i.//t:C.1'LC.~1 ;I. ( AMENDMENT PAGE -1- ~ \ Ol b\.Q\ 9 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS (V\ 1m b~.. J 211 J COUNTY, PENNSYLVANIA Estate of II ;;' C c LE/7/1E/L.. F , Deceased Jvl/J/2.t...J'/V' L, LE7;i-~E/2. and~~ ~ he rij"TrJ C1FF/=-~ (each) being duly qualified according to law, depose(s) and say(s) that she / he / they was / were well- acquainted with 1/ / j' c e- F L EI-I1'1 t,- r2 and im'l/are familiar with the handwriting and signature of the decedent, and that the signature of /:; L-;" (iir r. L E/I fT/7 t:: 12. to the foregoing instrument purporting to be the Last Will and Testament/Codicil of 17.?, 'c e;:-;':::: LE /-/ /VI e rZ- is in 1m/her own proper handwriting. ./1 /,'/) ~ \') i L_ / /t"j'?(, '(j /;JJ'~ )~nature) II // - C /} " {/ //1l:::/j fj- c.lOvk-1Z-0~ (Street Address) ~ . 111 )7 " /:CilA III I cs:. B~1(Z.G' <5 S-j I' ily, State, Zip) I . . Executed in Register's Office Sworn to or affirmed and subscribed (") (- ,=;;:0 >~:U ..J I:J ';IO , -.....> r-- 2m r":; :Xl .,--::;V,,;X "-'0 ~gTI o :u :u--l )> :efore ~ J?{ day , !)f)) l . Form RW-04 rev. /0,/3.06 r--.:, <= <=> -..J C- <= :z:: N CO " :If.: ~ N N ( C~ 1~=-1 ("") 'TO]