HomeMy WebLinkAbout10-18-07
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IN RE: THE ESTATE OF
IN THE COURT OF COMMON PLEAS
ANNA L. KERSTETTER
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. J I - 07- ()qLj /
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PETITION TO ADMIT TO PROBATE
A PHOTOCOPY OF WILL
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TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY:
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Petitioner, Terrence J. Kerwin, Esquire, respectfully represents as follows:
1. Petitioner is Terrence 1. Kerwin, Esquire, Kerwin & Kerwin, 27 North Front Street,
Harrisburg, PA 17101.
2. Anna L. Kerstetter died a resident of Messiah Village, Cumberland County on May 23,
2007 at the age of eighty-eight (88) years. Attached hereto and marked Exhibit "A" is a copy of a
Death Certificate issued for Anna L. Kerstetter.
3. Decedent was widowed twice, preceded in death by her first husband Henry Schonewolf
and her second husband Chester Kerstetter. She had no natural children. She is survived by step-
children and a sister, Eleanor Whitmore.
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4. On July 19, 1995, the Decedent executed a Will, a copy of which is attached and marked
Exhibit "B", wherein she named Dauphin Deposit Bank & Trust Company as Executor.
5. Dauphin Deposit Bank & Trust Company by merger is now Manufacturers and Traders
Trust Company, hereinafter referred to as "M & T Bank".
6. Dauphin Deposit Bank & Trust Company (now M & T Bank) was named Executor
under Decedent's Will because the bank was the Trustee under a Trust established for the benefit
ofthe Decedent during her lifetime. The Trust provided that upon her death, the Trust assets would
pass to her Estate. Currently, the Trust's value is approximately Thirty Thousand Dollars
($30,000.00) and this asset is the sole asset in this Estate.
7. In Decedent's Will dated July 19, 1995, she devised and bequeathed one-third (113) of
her estate to be divided equally between her stepdaughter Barbara Ann Priebe, stepson Donald W.
Kerstetter, stepdaughter Dorothy Segar, stepdaughter Lucille Johnson, and S1. Peter's Lutheran
Church, Mechanicsburg. She directed that if any of the named stepchildren predeceased her, their
share would pass in equal shares to the surviving stepchildren named in her Will. The remaining
two-thirds (2/3) of her estate was to pass to Seeing Eye, Inc., a non-profit organization.
8. Decedent's Will dated July 19, 1995 was prepared by Decedent's attorney Terrence 1.
Kerwin, Esquire and was witnessed by Terrence J. Kerwin and Joseph D. Kerwin, Esquire. An
original Oath of Subscribing Witness is attached hereto and marked Exhibit "C".
9. Following execution of the Will by Decedent, Petitioner photocopied the Will and
placed the photocopy in his file. The original Will was sent to Dauphin Deposit Bank & Trust
Company, Attn: Sue Mauery, for safekeeping on July 25, 1995. Attached hereto and marked Exhibit
"D" is a copy of Petitioner's cover letter dated July 25, 1995 to Sue Mauery at Dauphin Deposit
Bank & Trust Company. Attached hereto and marked Exhibit "E" is a copy of a letter dated August
2, 1995 from Sue Mauery to Petitioner acknowledging her receipt of the original Will and stating
that the Will was placed in the bank's vault for safekeeping.
10. Petitioner had no further contact with the Decedent from the time she executed the Will
on July 19, 1995 to the date of her death.
11. M & T Bank has no record or knowledge of Decedent having executed a revised Last
Will and Testament after July 19, 1995.
12. After Decedent's death, M & T Bank contacted Petitioner to request that he act as
Administrator of the Estate in its place due to the Estate's small size. Petitioner agreed and
proceeded to contact the heirs named in his copy of the Will, asking the heirs to sign Renunciations.
Petitioner has received Renunciations back from all of the named heirs as well as a Renunciation
from M & T Bank.
13. Petitioner was thereafter informed by M & T Bank that it could not locate the
Decedent's original Will. After additional thorough and diligent searches, M & T Bank has been
unable to locate the original Will.
WHEREFORE, Petitioner requests that upon hearing and after notice to all parties of interest,
that the photocopy of the Last Will and Testament of Anna L. Kerstetter dated July 19, 1995 be
admitted to probate.
Respectfully submitted,
;0~z:b~
Terrence J. K in, EsquIre
Kerwin & Kerwin
27 North Front Street
Harrisburg, PA 17101
(717) 238-4765
Supreme Court J.D. #29922
Petitioner
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This is to certifv that the j'1formation here given is correctly copied hom an original certificate of death duly filed with me a.s
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fce for this certificate. 56.DO
No.
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P 13355577
MAY29200?
Date
REV 1112006
PRINT IN
AANENT
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1 Name 01 Decedenl (First middle. last Suffix)
Anna L. Kerstetter
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
&1. Facility Name (11 no! institudon, give street and number)
STATE FilE NUMBER
5. Age (lasl Birthday)
6. Dale or Birth (Mon!h, day, year)
- 2338
<$ Da!e of Death (Month, day, yearl
I'. Decadent's Usual Occu alion Kind 01 worll done duri most 01 WCJ!'kjn lile Do not state retired
Kind 01 Work Kind 01 Business/Industry
Registered Nurse Medical Field
. 16. Decedenl's MailinQ Address (Slreel, City,' lown s1ate, liD code)
100 Mount Allen Drive
Mechanicsburg, PA 17055
12, Was Decedent ever in the
U,S, Armed Forces?
Dyes IXJNo
13. Decedent's Education ($pedfy only hlghesl grade completed)
Elementary I Secondary (0-12) College (1-4 or 5...)
12 3
Sa, Place 01 Death (Chedl only Ofle)
Hospital' Other
(J Inpatient 0 EA IOutpalienl 0 DOA 0 NurSing Home 0 ReSidence DOlhEI _ SpeCify
9 Was Decedenl 01 Hispanic Origin? ~ No 0 Yes 10. Race I\merican Indian, Btack, Wi:ite, alc
(tf yes, specify Cuban, (SpeCify)
Mexican, Puerto Rican, ele) White
(n, .::0 ;<,;c
88 Y"
Bb Countyo! Death
12-16-1918
Shippensburg, PA
Dauphin
Harrisburg Hospital
Decedent's
Ac1ual Residence 17a. Stale
14, Marital Slatus: Married, Never Mamed,
Widowed, Divorced (SpecifY!
Widowed
17b County
Pennsylvania
Cumberland
Did Decedenl
live In a
Township?
17c, OCJ Yes, Decedent Llvea Ir
17d 0 No,OecedenlLiVedwtlhln
Actual Limits 01
Upper Allen
Twv
'8 Father's Name iFirst. middte, last. suffiX)
Walter I. Lindsay
20a, Inlormant's Name (Type I Print)
19 Molner's Name iFirsl, middle, maiden sumame)
Mary C. Means
20b Inlormanl's Mailing Address (Street, City,' town. Slate, zip code)
Slty; gom
21 a. MethOd 01 DispoSition
o Bunal 0 Removal tram Slale
D Other SpeCify
;a, Signm.::t2:: licensee {or
Complele Items 23a-c only whencer1llying
phYSICian is not available al lime of death 10
C9rt11y caLise of de<lth
21b. Dale 01 Disposition (Month, day, year) 21c. Place 01 DISOQslUon (Name of cemelery, cremalory or other place)
910 Rose Lane, Lady Lake, FL 32159
21d Localior'l (City I lawn, state, ZIP COdG)
Cremation Society of PA
22c, Nan,e and Address of Facility Auer Memorial Home
4100 Jonestown Road Rarrisbur
17109
Inc.
23b, Licerlse Number
23c. Date Signed (MOlilrl, day. year)
Items 24.26 must be compteted by person
whO plonounces CIflall1
24 Time 01 Dealh
26 Was Case Referred 10 Medical Examiner I Coronel 101 a Reason Other Iharl Cremalion or Donalion?
DVes
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CAUSE OF DEATH (See Instructions an examples)
lIem 27 PM I. Enter 1M ~ - diseases, Intunes, or complicallOOS - !hal directly caused Ihe death. DO NOT enter lemMal events such as cardiac arrest
respiratory arrest. or ~entrlCular fibrillation without ShoWing the eliology, List only one causa On each line
~~~~I~~;e~u~tn~~~ ~~~I) dise~
.'VI vi t, or-o,c, '^' r<:-, I lire
Due 10 for as a conseQuence d;
ApprOXimate interval Pan II: Enter Olher sianiricanl conditions COfllriblltino to death 28, Did Tooocco Use Contribule to Death?
Onsal to Dealtl bul1\01 resulling .n the underlying cause given In Part I 0 Yes D Prob,Jbly
C No 0 U~~n(lW~
ei-\f
ltr::(f
c 0 Pi)
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29 II Female
o NOI pmgn8nt Within paSI year
o Pregnant al time oi tleam
D NOIPregnanl,bllpregnanlwitnln42days
cldeath
D Not pregnanl, tlulpregnanl 43 days to 1 year
t>eloredeath
o Unknowni1 pregnanlwllhm the past yeal
32c, Ptaceollnlury: HOOll!, Farm, Strwl, Factory,
OlflCe Building, elC, (Specify)
SeQuenhally list condltlOf'lS, il any,
leading to the cause listed on tine a
Enter [he UNDERLYING CAUSE
(disease or injUry !hal initiated lhe
evenls resultlnQ In death) LAST.
Due 10 (or as a consequence on
Due to lor as a conseouence o~:
DYes ~o
DYes SlNO
31, Manner 01 Death
~atura o Homicide
o ACCIdent DPendinginVBS()gatiOfl
o Suicide 0 Could Not De Determll1ed
32d.Timeofln;ury
329, Location of Injury (Slreet, City/towf', ;lale)
JOa, Was an Autopsy
Perlormed'
JOb, Were A1I10psy Findings
Avaliable Prior 10 CompletfOn
01 Cause of Death?
M
Th. Cerli/ier (check only one)
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~~~~~ub:c~~~fa~~ ~~:~~~~~h:~~~a:c~u~~:~~~ r~~j~~:~::gn~;II:c:~~~~~~enfot~~a~~~(~~~~ manner as staled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
6~~~cea~;:~!m~~::~~~~~t~~~ and! or Investigation, in my opinion, death occurred al the time, dete, end place, and due 10 the cause-(s) end manner as state<L 0
33b SlgnatureandTit~;) llnlfier
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33c. Licen$! Nu er
1vI. DOl '1 Cj S-C;- r2.
/1- 1~~7~Z.~
330. Dale Sig~e<l (Monlt1. u,y, yeal)
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35 Registrar's Sr e and DiS!nCI~r ~---...
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34. Name an~t4~i~erSn Wh({OmE!f-ed--1au~~ ~D~~h/Jel1l 27) Type I P'in:
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DiSOQsillon Pemllt No
0117114
EXHIBIT "A"
LAST WILL AND TESTAMENT
OF
ANNA L. KERSTETTER
at any time heretofore made.
Testament, hereby revoking and making void all former Wills by me
understanding, do make and publish this, my Last Will and
Commonwealth of Pennsylvania, being of sound mind, memory and
I, ANNA L. KERSTETTER, of the County of Cumberland, and
FIRST:
I direct my hereinafter named Executor to pay all my
legally enforceable debts,
funeral expenses,
administration
which I owe or may become due on account of my death, as soon as
expenses, and inheritance, estate, succession or excise taxes,
may be convenient after my decease.
SECOND:
I direct that all my personal property be sold as
soon as may be convenient after my decease, with the provision that
any of my relatives who want my personal property are free to
by my Executor.
purchase the property in a method as determined to be appropriate
THIRD:
I give, devise and bequeath all my property, be it
real, personal or mixed, whatsoever and wheresoever the same may be
situate at the time of my death as follows:
A. I direct that one third (1/3) of my estate is to be
divided equally among the following individuals and
Page 1 of 3 Pages
/ a~L~.-,- ~ ~A-41;z[;~) (SEAL)
Anna L. Kerstetter
EXHIBIT "B"
church:
BARBARA ANN PRIEBE, if she survives me; 2) one fifth
(1/3) share of my estate shall pass to my step daughter,
1) one fifth (1/5) of the aforesaid one third
(1/5) of the aforesaid one third (1/3) share of my estate
shall pass to my step son, DONALD W. KERSTETTER, if he
survives me; 3) one fifth (1/5) of the aforesaid one
daughter, DOROTHY SEGAR, if she survives me; 4) one fifth
third (1/3) share of my estate shall pass to my step
shall pass to my step daughter, LUCILLE JOHNSON, if she
(1/5) of the aforesaid one third (1/3) share of my estate
survives me; and 5) one fifth (1/5) of the aforesaid one
third (1/3) share of my estate shall pass to ST. PETER'S
LUTHERAN CHURCH, located in Mechanicsburg, Pennsylvania,
children, I direct that their share of my estate shall be
for general purposes. Upon the death of any of my step
divided equally among my surviving step children, who are
listed on this my Last Will and Testament, to wit:
and Lucille Johnson; and
Barbara Ann Priebe, Donald W. Kerstetter, Dorothy Segar
B. I direct that two two thirds (2/3) of my estate shall
pass to SEEING EYE,
INC., which is a non-profit
New Jersey.
organization located at Post office Box 375, Morristown,
This bequest and devise is to be used for
general purposes for this non-profit organization, of
which I hold in high regard.
FOURTH:
I nominate, constitute and appoint DAUPHIN DEPOSIT
BANK & TRUST COMPANY, as Executor of this, my Last Will and
Page 2 of 3 Pages
/
L../( (. LL. '<Z J" *-tJ7rz;((., i(SEALl
Anna L. Kerstetter
Testament, authorizing and empowering it to sell and convey any and
all real estate of which I may die seized and possessed.
I further direct that my Executor or personal representative
shall not be required to post bond to act in said capacity.
IN WITNESS WHEREOF, I, Anna L. Kerstetter, have hereunto set
my hand and seal, to this my Last Will and Testament, this 19th
day of July, 1995.
SIGNED, SEALED, PUBLISHED
and DECLARED by the above-
named Testatrix, ANNA L.
KERSTETTER, as and for her
Last Will and Testament, in
the presence of us, who at
her request and in the
presence of each other, have
hereunto set our names as
witnesses:
/' CLUA-LQ.. vf ~JkmeEAL)
Anna L. Kerstette
Page 3 of 3 Pages
c \pak\....ill \kerstett alk
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYL VANIA
Estate of
ANNA L. KERSTETTER
, Deceased
Terrence J. Kerwin and Joseph D. Kerwin , (each) a subscribing witness to
(Print Name/s)
the I;ZlWill 0 Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he / they was / were present and saw the above Testator / Testatrix sign the same
and that she / he / they signed the same and that she / he / they signed as a witness at the request of
the Testator / Testatrix III her / his
27 North Front Street
(Street Address)
?2t~~-p.#):f~
(Signature)
(Street Address)
Harrisburg, PAl 71 0 1
(City, State, Zip)
Harrisburg, P A 17101
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this
day
before me this
of Dc tober
16th
day
2007
of
Deputy for Register of Wills
J&~~~.~~
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of irulii(i)MM~liitelOf!rlcQRB~S'y L If AN '1-\
:~:I.i:x...~.,~:1~i~;...~~.~...~.~~~otary PUblicJ1
Form RW-03 rev. 10.13.06 We",." ..,.l' ...' ,.. ,)"u,Jhln County
My C0rrn.".~"":,, .~ t.,)"""'; July 25, 2010
EXHIBIT "e" Member, P2..:;,.I".:;:~ ,,:;~;'.:;rt;~arie$
KER WIN AND KERWIN
A TIORNEYS AT LAW
GOVERNORS' ROW
27 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17101
E. MAIN STREET. RROI BOX 566
ELlZABETHVILLE, PENNSYLVANIA 17023.9765
5'19 MAiN STREET
LYKENS, PA 170'18
(717) '153-7'122
2J7 UNION STREET
MlLLERSBURG. PA 17061
(717) 692-4510
(717) 238-4765
FAX (717) 238.8455
1717) 362-3215
(717) 896-9089
FAX (717) 362-4459
July 25, 1995
PATRICK E. KERWll' rI9IJ.19~7)
GREGCRY M. KERWIN
TERRENCE J KERWIN
JOSEPH 0 KERWIN
HOLLY McCLURE KERWIN
Please Reply To:
o HlARRlSBURG OFFICE
o ELlZABETHVILLE OFFICE
Dauphin Deposit Bank & Trust Co.
Attn: Sue Mauery
213 Market Street
Harrisburg, PA 17101
Re: Anna L. Kerstetter
Dear Sue:
As a fOllow-up to our conversations last week, please find
enclosed herewith the original Last Will and Testament of Anna L.
Kerstetter.
I have already sent a photocopy of this Will to Mrs.
Kerstetter.
As you requested, I have enclosed a statement for Kerwin &
Kerwin's services. Thank you for your kind attention.
Very truly yours,
TERRENCE J. KERWIN
TJKjpak
Enclosures
EXHIBIT "n"
D
Dauphin Deposit Bank
and Trust Company
MAIN OFFICE: 213 MARKET STREET, HARRISBURG, PENNSYLVANIA 17101
717 255-2121
August 2, 1995
Mr. Terrence J. Kerwin
Kerwin & Kerwin
27 N. Front Street
Harrisburg, PA 17101
Re: Anna L. Kerstetter, Trust U/A
Dear Terry:
This letter will acknowledge receipt of Anna L. Kerstetter's original Will
dated July 19, 1995. I have placed this Will in our vault for safekeeping.
If you have any questions, please feel free to contact me.
Very truly yours,
/
/~ C~ l7 ? (-tLU><:.:/
(Mrs.) Sue Mauery
Vice President
and Trust Officer
SM/jr
cc: Mrs. Anna Kerstetter
EXHIBIT "E"
REGISTER OF WILL
CUMBERLAND COUNTY, PENNSYL VANIA
IN RE: THE ESTATE OF
ANNA L. KERSTETTER
NO.:
FINAL DECREE
AND NOW, this
day of
, 2007, after hearing and
consideration of the Petition to Probate a Photocopy of the Last Will and Testament of Anna L.
Kerstetter dated July 19, 1995, it is hereby ORDERED that said copy of Anna L. Kerstetter's Last
Will and Testament be admitted to probate and Letters of Administration be issued upon the Estate
of Anna L. Kerstetter, who died May 23, 2007, a resident of Cumberland County.
By the Register of Wills
0: ILAKIPLEADlpetition-anna-kerstener -estate. wpd