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HomeMy WebLinkAbout10-09-07 Estate of PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania R\ 6\~q\O 172-32-0587 Deceased File No. Social Security No. ANNA F. GERNERT GERALD l. HEMPT Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) 0' A. Probate and Grant of Letters Testamentary and aver that Petitioner is the named in the Last Will of the Decedent, dated December 5. 2001 and codicils(s) dated Executor August20,2007 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 instrument(s) offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person: D B. Grant of Letters of Administration (if applicable, enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durante absentia; durante minoritate i""--.,) (; (;0 Residence],] C"_? ...... Name Relationshi ,:~-)r") (COMPLETE IN ALL CASES): Attach additional sheets if necessary.=~ ,~1 ,~lJ County, Pennsylvania, with her last family or principaht:esilience ar r W \.D Decedent was domiciled at death in Cumberland Bethanv Village, 5225 Wilson Lane. Mechanicsburg, Lower Allen Township, PA 17055 (List street, address, town/city, county, state, zip code) Decedent, then ~ years of age, died on September 21 , 2007 at Catolvn Croxton Slane Residence. Dauphin County. 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 ......................................................................................................................$ T otal......................................................................................................... $ 470.000.00 470.000.00 Real Estate situated as follows: 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: Si nature /7- ?- T ed or rinted name and residence Gerald L. Hempt 101 Spangler's Mill Road New Cumberland, PA 17070 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The Petitioner above-named swears or affirms 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 representative of the Decedent, Petitioner will well and truly administer the estate according to law.,<> Sworn to and affirmed and subscribed Before me this ~ day of C) ';0 ~;3in tV /;7;)./ . ..';~C{; Gepffd L. Hemp! . _ .:/5 ::c..~ '~~):..'""f C""':'7:l _-l o (k.~ --i I I..D ::~;? -.~il -0 ~'.J --I (..) 1..0 File No. d.. \ <J'"\ () q,-o Estate of ANNA F. GERNERT , Deceased. Social Security No: 172-32-0587 Date of Death: September 21. 2007 AND NOW, ~~. ~ ,2007, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentarv are hereby granted to GERALD L. HEMPT in the above estate and that the instruments dated December 5. 2001 and August 20. 2007 described in the Petition be admitted to probate and filed of record as the Last Will and Codicil of the Decedent. FEES Letters........................... $ Lt\D da 1'6 ~~~~~~dYf ~ rgister of Wills . Short Certificate(s) $ Refumci~tiol r.~\~\. $ Affidavit ().................. $ Extra Pages ()....... $ COdicil..............i"'\....:tQ $ JCP Fee....k..t:M..... $ Inventory...................... $ Other.............................. $ TOTAL....... $ \S' \S Attorney: ~ ~RS 1.0. No: 20558 Address: Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043- Telephone: 717-761-4540 '-\'\J> Soo HI05.805 REV (011071 . . LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13858774 Certification Number 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. ~ SEV24jJU7 . C e{f.Z~ Dale '",ued o ';-;0 '.. ""1.J ")"J 1-.,0 ';~\=E ~ ,~f) 7'.~ r-~ = = --.J c::> n --l I \..0 i3~.~ '--.- :0 B-1 -0 W \.0 lREV1f1l!OO6 I PRINT IN IMANENT ACKlNK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER a\ bl D o 84 Bb. County of 0eattI t. Nameof_(FIm._.Iast.suIIi'l Anna F. Gernert 5. Age (lasl BirttldaYI Under, r ...... 6. Dale of BIr1h Monlll. d8 . VIS. April 27 1923 Dauphin 1'.Decedonf.UsuaI Kind 01_ Homemaker . 16.~.MaIIlng-...(_cltyl_._.zlpcode) 5225 Wilson Lane Mechanicsbur Pa 17 5 '6.F_'Nor)!eIRrst.!"!ddI\lQsl.suIIi>) Stetan Muller Susquehanna TWp Klndol__ _01 ".Donatste. KindolBusiMssI/ndusl!y Catolyn Croxton Slane Residence '2. _ _.... in tile 13. Decedenl'. Education 1Sl>edfY on~ highest grsd8 completod) U.S. Armed Fon:oo? E_IJ'I Socondary (0-12) College (1.4 or 5+) Dves ~ 12 Decedenl'. AcbIJ ResIdence 17.. SIaIe 17b. County Pa ClIDlberland 4. Dille 01 DHlII (MonlII. day. year) 4157 Se tember 21 2007 DOIher . Spedfy: 10. Race: _Indian. !!lad<, White, etc. (~ite 14. =:~~r Married. 15. SurvMng Spouse I" wife, IiVll maiden name) Widowed Old Decedenl' lMIlnl Township? 17e. ~ Yes. OecadantlMld in 17d.D Nc.OecadantlMld_ ~l.ImiIsof l.ow~r Allen Top. CilyfBoro 2Oa. _. Nama (TYllO f Prlnt) 19. MoItoar'sNameIRrst,ntI<!Ie.__i Anna ~tutz Pa 17011 r Funeral Horne Inc Camp Hill, 231>. Uceose Number . ~ CompIIlle 23a-ccrlywhenClltifylng pIIysic:lenltlSll_1l11maoflles1hto cIIlIIycauseoldalllh. _24-26""" ba ~ by parson . who pronounces death. 25. OIlle_Dead<_. day. year) AppmldmIII ~: Ontot to Deslll ==~~=~ .. ~iBt condliDnI.I8ltf. 10 cause listed on line a. Enter UHIlERlYIIG CAIISl! ="'~'Yn~~ b. Oueto(or..._of): 3OIl.wes...~ - Dves ~ d. n..WIII~FIllIngs _ _10 CompIallon cf Cause 01 DeelII? Dves ~ 32<1. T"""oflnjury 31.~0I0aIIt1 .J2Y'- D- o- DpondInglnvesllglllon DSuic:ld8 DCooIdNotba~ M. 33a ~ (d1eck crIy enol Cer1llyIng phyoIcian IPIrysidarl CIltifylng cause cf _ when anolhef p/lysician has proncu__ .Ad comp\aled It... 23) TolhebMtolmyknowIadga, _ 0CCIIrI1Id due 10 tho ClUll(I) and m_es oleled... _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ :.::::,:=."'=".:=:"~...~ '::1.to=~~....... es oleled... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 =~= and I or InvestlgaIlon, In my ~,_ occurrad at lhe__, and pl8eo,and duelotllecauso(.)ancI""""'lSllaled.. 0 ;.~ 23<. Dal. S\glad (Month. day, year) 26. Was Case Referred to Medical Examiner / Coroner lor a Reason Other Itlan Cremation Of Donation? Dves 0110 PaUli: Enler__conrIIIons_lo_ bU natresultlng "tile IIld8IIylngcausegiwo In Part L 26. Did 1'obal:co Usa ConIrbIte 10 0aIIt1? o Ves DI'lobabIy >>0- 29.<< Not_t_pastyear o P....,lllllma cf dalllll o Nol\ll9llllll1lbutp<f9lII1lWftNn.2days ofdaalll o Nol_\bul_43d8ysto, year balore_ o _lpregnanlwlIhintlleposl_ 32c.==:~~StIIet,Factory. 32g.LccaIIonollnjury(_.c\lyf_._l 005325-00002/11.28.01/EGM/KLT/152241.1 1La~t Will anb ~e~tament OF (") So -"'2 ::0 .c'-U 'X '--J C' C) -.-'-1 ANNA F. GERNERT j...~' "' ..,. , ~-:^. c/) I 1...0 )(---' l:::dTj ~ \,j ':0 I, ANNA F. GERNERT, of the Borough of Camp Hill, Cumberland County~~~nnsylvawa, \..0 being of sound and disposing mind, memory and understanding, do hereby make, publish and 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 REST, RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue, and remainder of my Estate, of whatsoever nature and wheresoever situate as follows: A. Three-fourths (3/4) thereof in equal shares unto my sisters, MARTHA DIEFENTHAELER, LORE WALTHER and STEFANIE HUY, all of Karlsruhe, Germany, provided that should any of my sisters predecease me, I give, devise and bequeath such deceased sister's share unto her then-living issue, per stirpes; and 005325-00002/11.28.01/EGM/KL T/152241.1 B. One-fourth (114) thereof in equal shares, one unto each of my god children, CHRISTINA JEHLE and CATERINA JEHLE, and one unto their mother, CHRISTINA JEHLE all of Leon berg, Germany or the survivor of them. ARTICLE III POWERS OF PERSONAL REPRESENTATIVE My Personal Representative(s) 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, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. B. To retain any or all ofthe 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. C. 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. D. 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. 2 005325-00002/11.28.01/EGM/KL T/152241.1 E. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. F. To compromise any claim or controversy. G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation skipping or other tax refunds and the payment of such taxes without obligation to adjust the distributed share of any person thereby affected. H. I suggest that my Personal Representative confer with my nephew, THOMAS S. WALTHER of Friedrichsdorf, Germany (telephone 06172-79086), with regard to matters of administration and disposition of my Estate to those beneficiaries who reside in Germany. I authorize my Personal Representative to pay such compensation as my Personal Representative deems reasonable and appropriate for the services of my said nephew. ARTICLE IV PERSONAL REPRESENTATIVE I name, constitute and appoint my friend, GERALD L. HEMPT, Executor of this my Last Will and Testament. Should GERALD L. HEMPT fail to qualify or cease to so act, I name, constitute and appoint ALLFIRST TRUST COMPANY OF PENNSYL VANIA, N.A., alternate Executor to complete the administration of my Estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. 3 005325-00002/11.28.01/EGM/KLT/152241.1 (SEAL) Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. ~~ ij~~ 4 005325-00002/11.28.01/EGM/KL T/152241.l A~DA~TANDACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND We, ANNA F. GERNERT, and '" ~ b. ~ ~ , the Testatrix and the witnesses, respectively, w ose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of his /her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. t14~CL- rJ: flbvuw ANNA F. GERNERT Witn~lJ~ ;j;(~~ Wi ss Subscribed, sworn to and acknowledged before me by ANNA F. GERNERT, Testatrix, and subscribed and sworn to before me by ~ ~. ~ ~ and ,,~ ~.~ ~I"\.""-' , witnesses, this ~ ~ayof ~ ,2001. --~~ Notary Public ~ NOTARIAL SEAL DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21, 2001 5 ~ \ ()1. ()q \0 Codicil to Last Will and Testament () (:;0 .-'::0 ~:Y2 "".~ C:l of":::) -.-1 <::) \ .--) OF .---', , - -I -:J 1 \.D ANNA F. GERNERT - .. 0) \.D I, ANNA F. GERNERT, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be the sole Codicil to my Last Will and Testament dated December 5, 2001. Item I. I hereby revoke ARTICLE II, REST, RESIDUE AND REMAINDER in its entirety and in lieu thereof provide as follows: ARTICLE II REST, RESIDUE AND REMAINDER I gIve, devise and bequeath all the rest, residue and remainder of my Estate, of whatsoever nature and wheresoever situate, in equal shares unto my sisters, MARTHA DIEFENTHAELER, LORE WALTHER and STEFANIE HUY, all of Karlsruhe, Germany, provided that should any of my sisters predecease me, I give, devise and bequeath such deceased sister's share unto her then-living issue, per stirpes. Item II. In all other respects, I hereby ratify, confirm and republish my Last Will and Testament dated December 5,2001, together with this Codicil as and for my Last Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the 2oll! day of ~ ,2007. a..., tJ&> iF 9.(1Uf~ ANNA F. GERNERT (SEAL) Signed, sealed, published and declared by the above-named Testatrix, as and for her sole Codicil to her Will dated April 10, 2000, in the presence of us, who, at her request, in her presence and in the presence of each other have here unto subscribed our names as witnesses. ~13.~ ~tW-~ ~. ~ ,J ACKNOWLEDGEMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND We, ANNA F. GERNERT, the Testatrix, L( :>b,,- 'P. L.ctv and ~{'(ct.'" b-l. (elMutt , the witnesses, respectively, whose names are signed to the attached or foregoing instrwnent, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Codicil and that she had signed willingly, and that she executed it as her free and voluntary act for the purposes herein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Codicil as witness and that to the best of his /her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. e.~ ~ ~.f/tAf.vek ANNA F. GERNERT a,,6~ (.3. ~ Witness ~~~.~ Witness Subscribed, sworn to and acknowledged before me by ANNA F. GERNERT, Testatrix, and subscribed and sworn to before me by L I olM. 'B~ L4V and /11tl(('f,k {'t. SL\'\I'~tf , witnesses, this 20~ day of ~ 2007. ~)}Mr Edmund G. Myers Attorney I.D. #20558 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND .~ ~ On this, the;70 day of " 2007, before me, the undersigned officer, personally appeared Edmund G. yers, Attorney J.D. #20558, known to me (or satisfactorily proven) to be a member of the bar of the highest court of Pennsylvania and certified that he was personally present when the foregoing acknowledgement and affidavit was signed by the Testator and the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /h~f /d'6fr COMMONWEAlTH OF PENNSYLVANIA NotarIal Seal Margaret E. Ruff, Notary Public l.erIlOyne Boro, ClmbeItand Colriy My CommisSion ElCpires May 30, 2011 Member. Penns'JIvan!2 .&'ssoeiation of Netaries :307783