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
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County, Pennsylvania, with her last family or principaht:esilience ar
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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
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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
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File No.
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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........................... $
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~ rgister of Wills .
Short Certificate(s) $
Refumci~tiol r.~\~\. $
Affidavit ().................. $
Extra Pages ()....... $
COdicil..............i"'\....:tQ $
JCP Fee....k..t:M..... $
Inventory...................... $
Other.............................. $
TOTAL....... $
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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
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HI05.805 REV (011071
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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.
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I PRINT IN
IMANENT
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
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84
Bb. County of 0eattI
t. Nameof_(FIm._.Iast.suIIi'l
Anna F. Gernert
5. Age (lasl BirttldaYI Under, r
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6. Dale of BIr1h Monlll. d8 .
VIS.
April 27 1923
Dauphin
1'.Decedonf.UsuaI
Kind 01_
Homemaker
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5225 Wilson Lane
Mechanicsbur Pa 17 5
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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+)
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Decedenl'.
AcbIJ ResIdence 17.. SIaIe
17b. County
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4. Dille 01 DHlII (MonlII. day. year)
4157 Se tember 21 2007
DOIher . Spedfy:
10. Race: _Indian. !!lad<, White, etc.
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Pa 17011
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005325-00002/11.28.01/EGM/KLT/152241.1
1La~t Will anb ~e~tament
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ANNA F. GERNERT
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I, ANNA F. GERNERT, of the Borough of Camp Hill, Cumberland County~~~nnsylvawa,
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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.
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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.
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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.
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ANNA F. GERNERT
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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.
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Notary Public ~
NOTARIAL SEAL
DIANNE LENIG, Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21, 2001
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Codicil
to
Last Will and Testament
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ANNA F. GERNERT
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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.
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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.
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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.
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ANNA F. GERNERT
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Witness
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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
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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.
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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