HomeMy WebLinkAbout12-12-07
Register of Wills of _CU~~~!I~_I"I_~___n___ County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Ruth E. Hershey
also known as
No. 21-07- I i~~
, Deceased
Social Security No. 193-14-7139
Richard J. Scott
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or'S' BELOW)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor
the Decedent, dated 06/01/1998 and codicils dated
Primary named executor, Isaac L. Hershey, predeceased Ruth E. Hershey.
named intl'!e last Will of.
<
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 documentsc
offered for probate; was not the victim of a killing and was never adjudicated incompetent: -
D B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs:
Name
Relationship
Residence
""
,..--.
Decedent, then - . . ,99
-
:::0
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~--j
.....
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her fam. ily . 1
:;l. WOD Bel\'\+ CXec.~ g,va .
or prineJpa! residence at Bridges of Bent Creek Nursing Home, Mechanicsburg , Silver Spring Township
(list street, number, and municipality)
at Bridges of Bent Creek Nursing Home
(Location)
w
o
r'n
c-:)
" II
,years of age, died
11/15/2007
DeCedent at death owned property with estimated values as follows:
. .. t
(If domici~d in PA) All personal property
(If not domicjted in PA) Personai property in Pennsyivania
(If nat domiciled in PA) Personal property in County
Value'oj real estate in Pennsylvania
$
$
$
$
50,000.00
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:
Richard J. Scott
Typed or printed name and residence
3 Sunset Court
Dillsburg, PA 17019
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
HI(lo;;.~fl" P'~V rf)llfp,
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
P 13823908
Certification Number
HI05.143 REV 1112006
TYPE.' PAINT IN
PERMANENT
BLACK INK
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
rJJt ~<~ if / IIt>/q(
Local Registrar
Date Issued
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
1 Name 01 Decedent (Firsl, mickle, last, SlMill
Ruth
5 Age (Lasl &thlSay)
90
8d FaOIIy Name (" ""_ gNe......... """"'I
e,OIleolBir1h MmIh,d1,
7.~c
May 9, 1917
y"
U:InUly Mills, R\
SO. CQuntyotDealh
Cumberland Silver Spring 'IWp.
11.OeeedanI'sUsuaJOcc tiofl Kindotworkdonedur moslol IiIe.DooolSIaleIeIQcl
Kind 01 Work Kh1olBusiness/lnOusuy
Hanemaker OWn Bane
12. Was Decedent ever in the
U.S. Armed FOfces?
DYes !3No
_.
Actual Residence 17a. Slate
Ilb. Counly
Pennsylvania
CUmberland
. 16. Decedent's MaiIiog AddIess (Streel, city llown, s!ale, 41 code)
3 Sunset Court
Dillsburg, PA 17019
18. Falher's Name (Firsl, midlIe, last, &uffb;I
J. Logan Jones
20a Intomlanl's Name (Type f Print)
Richard J. Scott
21.. Method 01 Olspos.ition
STATE FilE NUMBER
~. Dale 01 DeaIh (Month, day, yur)
Nov. 15, 2007
l~.Mati&alSlatus:Married, Nevef'Married,
-.-ISjJocd)j
17',~Yes,_LN"'~ Silver Spring
17d 0 No._lNod....,
AcluaIlirllIiof
T..
""""',,
19 'Ci~"-; '~; "'-o;"1ii:n
2Gb. inklfmant's MaiWIg Addreu (Slr8el city I town, SIatt, Zip code)
3 Sunset Court Dillsburg, PA 17019
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21,. Placool-'INamool_,_"_plIcel
Newport
v IS- 7-001
CAUSE OF DEATH (See l...tructiona and exampIM) Approximate Wltelval:
IIem 27. Pat11 EnSef Vle ~ - di5ea$eS, 1'f,Iries, Of compIicalioos -lhat chclIy cau&ed!he dealh. DO NOT enter 18rmioal evenI$ such as ca<<lac IIres!. OnS8l1o Dea'"
respi'aIOry ane., or ~enlricular liblillalioowilhoul showing the etiOOgy_1.isI only 0IlI C8use on each line
~Ar~~~~)di~
.01111 ARY FAIl IlRF
b o""JU:"'SP'IRATOR'9 FAILURE
Due 10 (or as a consequence 01):
CARDIAC STAND STILI
Due to (or as a consequence 01);
~~:'C:~a
~ UNDERlYING CAUSE
=~":..,"'l'm"
Xl&.WasitnAtlopay
Perlormed?
30b WereAuSopsy Findings 31_ MaMerof Death
~=:~~00n fiNaIuf~ DHoolWe
o Accident 0 PendinglnveSligalioo
o $we"" 0 C,,,,, No! be o"'''''n.d
0'" ~No
0'" ON'
21d locRx> ,'''' IIown _. "'_1
PA
Bane
daY,_1
Pan H: EnIer other IIilIlilicanI coodiIinrn: IXll'lIIbItinft 10 dull 28. Did Tobacco Use ConlI'hq kI OIalh1
""""_~"'undadyingcausegNen~PaIlI 0 Yes OP.-,
ONo 0-
29 . hmIIe;
0"""_....,,,,,,,_
DPregnantallirneofdeal1
o Nol pregnanl. bul pl'egnanl Mho ~2 days
ol-
D Nol~,buIpresJWd43.rslDlrur
......-
Ol.lnknownlpr~lwilhinlhePUI)'HI
32c Place of rrpy: l1cltM, Farm, Slteet, FatIoIy,
"""''''''''''.elc(Spociiy)
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to;
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33a Cerlifiel (~otWy OM)
c.r1ifylng pbylldan (Physician Unifying cause of dealtl When arKlltler physician has pl"OOOUflCecl dealh and completed Ham 23)
To Iht best 01 lRy koowItcIltI, dhlh~dUltolhtcauM(IJlndll'llMlr.. lilted.... _............ __...... __..........._.......... ____.... 0
~=."':,: =.:::'.::.~~::.:~; ~i~~.:.~"::.;.~...ca::~::"'~........ u -.... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.n
:::: .:::::::.:."::. ....,...........""... m, ._n, "'". "',....."......... ""...... plac...... d,," ti>.... co'MI') and .......,.. """'- 0
32f..T'_....~rSpociiy}
o On.., 1 Opeol"" 0 P......,.. OP""""o
0Ihe,. Speci!y'
33O~:5~r:"'~,
~ - I( (l. b~ L,,-.A>
334:;. license Nwnber
32g.localioool /niUfy (Street, city I lown. s&alej
1~111 ~ .LI~I
OS000897l
34. Name and M1ress of PIlSOO Who ~ Cause 01 0eaIh (lIem 21) Type I Pm
3400 DERRY ST.
FRANK A. DELEO, D.O.
OJ'po.,,,,,, Per"" No ex::, tD z. <] 9 (0
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LAST WILL AND TESTAMENT
(pour-Over Will)
OF
RUTH S. HERSHEY
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IDENTITY
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I, RUTH S. HERSHEY, residing in the County of Lancaster, Commonwealth of Pennsylvania,
being of sound mind and memory, and not acting under duress or undue influence of any person
whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other and
former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 193-14-7139.
All reference made herein to "spouse or my spouse" refers to the person to whom I am currently
married, namely, ISAAC L. HERSHEY. By the ensuing provisions of this Will, it is my intention to
dispose of my interest in our property; I do not intend to dispose of anything belonging to my husband or to
put him to any election.
I have the following children: RICHARD J. SCOTT, born June 2, 1943 and currently residing in
Dillsburg, Pennsylvania, and ELIZABETH A. LYEN, born March 13, 1949 and currently residing in
Towson, Maryland.
DEBTS, TAXES AND ADMINISTRA TIONEXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE ISAAC L. HERSHEY AND RUTH S.
HERSHEY REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"), or if
my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the
Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items
from the residue of my Estate passing under this will, without any apportionment or reimbursement. In the
alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount
necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court
order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust as
a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or
disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this
date in accordance with the provisions of the section titled "Residue of Estate."
POUR-OVER WILLS
Page I
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RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devises), wherever situated and whether acquired before or after
the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the
execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus
of the above described Trust and shall hold, administer and distribute said property in accordance with the
provisions of the said Trust, including any amendments thereto made before my death.
If for any reason the said Trust shall not be in existence at the time of my death, or if for any reason
a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under
said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue
and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to
their substitutes and successors under the Trust, described hereinabove, to be held, managed, invested,
reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning
with the date of my death as are constituted in the Trust as at present constituted giving effect to
amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference
into this my Will.
EXECUTOR
I hereby nominate and appoint ISAAC L. HERSHEY as my Independent Executor of this my Last
Will and Testamentto serve without bond.
In the event the first named Executor shall predecease me, or is unable or unwilling to act as my
Executor for any reason whatsoever, then and in that event I hereby nominate and appoint RICHARD J.
SCOTT to serve without bond as my Independent Executor.
In the event the first successor Executor shall predecease me, or is unable or unwilling to act as my
Executor for any reason whatsoever, then and in that event I hereby nominate and appoint ELIZABETH A.
L YEN to serve without bond as my Independent Executor.
Whenever the word "Executor" or any modifYing or substituted pronoun therefore is used in this my
Will, such words and respective pronouns shall be held and taken to include both the singular and the plural,
the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein
and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor
shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor
originally named herein.
POUR-OVER WILLS
Page 2
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EXECUTOR POWERS
By way of illustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with respect
to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate
between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with
respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with
respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in
kind or partly in each without regard to the income tax basis of such asset and in general, exercise all of the
powers in the management of my Estate which any individual could exercise in the management of similar
property owned in its own right upon such terms and conditions as to my Executor may seem best, and
execute and deliver any and all instruments and do all acts which my Executor may deem proper or
necessary to carry out the purpose ofthis my Will, without being limited in any way by the specific grants
or power made, and without the necessity of a court order.
My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the
consequences of any tax decision or election, or of any investment or administrative decision, that my
Executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of
Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my
Executor shall have discretion to select the valuation date and to determine whether any or all of the
allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal
Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse.
SPECIFIC OMISSIONS
I have intentionally omitted any and all persons and entities from this, my Last Will and Testament,
except those persons and entities specifically named herein. If any person or entity shall challenge any term
or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household
and Personal Effects" and "Residue of Estate," then, to that person or entity I give and bequeath the sum of
one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person
or interest may have in my Estate or the Living Trust and its Estate.
SIMULTANEOUS DEATH
If my spouse and I should die under circumstances such that the order of our deaths cannot be
determined, then it shall be conclusively presumed for the purposes of this my Will that my spouse survived
me.
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
POUR-OVER WILLS
Page 3
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This instrument consists of 5 typewritten pages including the Attestation Clause, Self-Proving
Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of
e?f the preceding page~iS instrument is being signed by me on this J day of
~ ,19 71 .
POUR-OVER Wll..LS
Page 4
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ATTESTATION CLAUSE
The Testatrix whose name appears above declared to us, the undersigned, that the foregoing
instrument was her Last Will and Testament, and she requested us to act as witnesses to such instrument
and to her signature thereon. The Testatrix thereupon signed such instrument in our presence. At the
Testatrix's request, the undersigned then subscribed our names to the instrument in our own handwriting in
the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe
the Testatrix to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix.
WITNESSES:
ADDRESSES:
~a. (J.. Wu..J.
L/sa A. We.t l
(Printed Name of Witness)
3~ Daller Roo..d
Westa..m P+O~ ) N:r 0 So u,{)
/3 -rr~+y E 1t'Vl LtJ..n~
Sha.mo~ J N J OgDf 8
-rh {UYla.
(Printed Name of Witness)
an
POUR-OVER WILLS
Page 5
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COMMONWEAL THOF PENNSYLVANIA
COUNTY OF LANCASTER
SELF-PROVING CLAUSE
BEFORE ME, the undersigned authority, on this day personally appeared RUTH S. HERSHEY,
Li Sa.. We.i I ,and IhOMo..S Hor.,jA.^ ,known to me to be the Testatrix and
the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective
capacities, and all of them being by me duly sworn, RUTH S. HERSHEY, Testatrix, declared to me and to
the witnesses, in my presence, that the instrument is her Will and that she had willingly made and executed
it as her free act and deed for the purposes therein expressed; and the witnesses, each on his oath, stated to
me in the presence and hearing of the Testatrix, that the Testatrix had declared to them that the instrument is
her Will and that she executed the same as such and wanted each of them to sign it as a witness; and upon
their oaths, each witness stated further that he did sign the same as a witness in the presence of the Testatrix,
and at her request and that he was at that time eighteen (18) years of age or over and was of sound mind,
and that each of the witnesses was then at least fourteen (14) years of age.
/
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Witn s
lhDMa. S
(Printed Name of Witness)
SUBSCRIBED AND ACKNOWLEDGED before me by RUTH S. HERSHEY, Testatrix, and
subscribed and sworn to before me by L" Sa.. We i. , and Ih tH''Y\a..S Mo~a..rI,
witnesses, this the , day of J u.. V"\ e ,19 &'.
LINOA J. MORGAN
CommluIoner 01 Deeds
Commonweol1tt 01 Pennsylvania
Commission Expires 11/20/2002
Notary Public, Com
POUR-OVER Wll..LS
Page 6