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Home My WebLink About08-15-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA - - - _ --- I ~~..,~e .,f C4pnhpn I Herr File Number 21-- (7fC, (~ ~`o also known as Stephen L. Herr, Sr. Deceased Social Security Number Judith E. Dress Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or '13' BELOW:) QX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent, dated 05/07/2004 and codicil(s) dated State relevant circumstances, e. g., renunciation, death o/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: B. Grant of Letters of Administration app rca e, en er c..a.; . . n.c..a.; pe en e r e; uran e a sen ra; uran a moron a e Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t. a. or d. b. n. c.t.a., enter date of Will in Section A above and complete list of heirs.,) Name Relationship Residence ,-. c,~:, C ~ cry ~_~ ~7 ~' Vii' <- % C_-) ~--r; (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ `~ ' ~' -" J.~..~ ~-~, Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal resic(e71Ce at - "; C,. 350 Willow Ave., Camp Hill, PA 17011-I (List street address, town/city, township, county, state, zip code) ~ .~' Decedent, then $0 years of age, died on 08/01/2008 at Bethany Village, 325 Wesley Dr., Mechanicsburg, PA 17055 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 $ situated as follows: 350 Willow Ave., Camp Hill, PA 17011 88,000.00 184,000.00 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: Signature Typed or printed name and residence /r=~~CJ~C-tom Judith E. Dress 126 Lancaster Blvd. Mechanicsburg, PA 17055 Form Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this ~"(~hh day of / .X t,~ G~_ ;. ~ For the Register Signature Judith E. Dress Sfgnature of Personal Representative Signature of Personal Representative File Number: 21-- 6~,Q~ ~~ Estate of Stephen L. Herr ,Deceased ,vwA A/K/A Stephen L. Herr, Sr. Social Sec/u}ri~ty Number: Date of Death: 08/01/2008 AND NOW, _~/ ~/,~~tt(~,~~~~ _ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Judith E. Dress and that the instrument(s) dated 05/07/2004 in the above estate described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ....................................... ..... $ 310.00 Short Certificate(s) ................... ..... $ 40.00 Renunciation(s) ........................ ..... $ JCP fee $ 10.00 Automation fee $ 5.00 ~i t(I $ ~~ • O~ $ $ $ $ $ $ Attl Supreme Court I.D. No.: 204083 n - Hazen Elder Law w p `=~' Address: 2000 Linglestown R01a~ c~ ~, Suite 202 - ' ~ -- - Harrisburg, PA 171-~~,_`/ `_J ~... Telephone: 717-540-4332 .~~ -::~ ~,,~ .~-- rn TOTAL .................................... $ 36'6v`:00 Form RW OZ Rev. 10-13-2006 ~~! p~ight (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attorney Name: MarCl S. Miller IOSBOS RF:v IOt((I;I `J~ ~~'~~C 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 1464~6i~7 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 he forwarded to the State Vital Records Oft7ce for permanent filing. Aw ~ce.>..cA~~.1o~.g~e~..au~ s~ 2ooa Local Registrar Date Issued ;.., c7 ~~_ C Q ~_ T~ 7 =7= C7 S,' ~~: Cil ~ ..r .: . _ - - C.' . .~ ~ ~ mss`. =~.) _ ~ --I ( '~ ,~ ~ryJ H705~143 REV 17RtNJb TYPE (PRINT iN PERMANENT BLACK INK N .¢ U N COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH + VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 1. Name of Decedent (First, rnidde, as( sutaxl 2. Sex 3. Social Sacwhy Number 4. Dale of Dealn (Month, day, year) Stephen L. Herr Sr. Male 162- 22 -2903 Au ust 1 2008 5. Age (Last Birthday) Untler 1 year UMer i day 6. Dale of Bidh (Month, day, yearj 7. Birthplace (City and slate or laeign cpmtry) Be. Place of Death (ChecN Dory one) Mwwu Days Rovrs MlnNes Hospital: Other: 80 1 2/31 /1 927 Mt.Hol lySprings , Inpahanl ^ER/Outpatient ^DOA Nursug Home ^Resider¢e ^Other-Speciry: Yra 8b. County of Deelh &. City, Boro, ~. of Oealh fb. Fadlity Name pf not hstiMim, give street and number) 9. Was Decedent of Hispanic Origin? ~ No [] Yes 10. Race: Ameraan Indian, Black, White, etc. Cumberland Lower Allen Bethan Villa e Y g nlyea,5pecdycuba°' i P ~`ir~ite Mexican, uedo R can, etc.) 11. Decedemts Usual Occu lion NiM of work l ore dun most of world life. Do not stela reliretl 12. Was Decedent ever'm the /3. Decedent's Education (Specity only highest gratle comp leladj 74. Marital Status: MattiaQ Never Married, 15. Suaiinrg Spo use (If wile, give maitlen name) Kind of Work Kind of Bushels /Industry U.S . A mad Forces2 Elementary / Secrortdary (0.12) College (7-4 or k) Widmred, Divorced (SpeciM Radiologist Director ~ 3p 4'JYeS ^Nn 4} widowed tb. Decedent's Mailirg Address (Brea! city /town, stale, zi0 code! Decedents DKI Decedem Pennsylvania 77 ^y id s Dec dent Liv d i Tw t l R ,7 set A 350 Wi114W Ave c, , p. ua ea axe a. a e e e n c rbmshiv? Hill PA 17011 C ,7b. Count Cumberland nd. C~l'+o. Decedam uyedwhh'm Camp Hill y amp , Aclml Limhs of Chy yBoro 18. Fame('s Name (Fvsl, maore, lest, sultix) 19. Mothe's Name (Rrst mitldlB, maiden aumame) Merrill Herr art 20a. Iniemant's Nana (Type / Pdnq 2W. Inlomant's Mailing Address (Slree6 city /town, state, zip oodet Judith E. Dress 126 Lancaster Blvd Mechanicsbur PA 17055 21a. MethaJ of Dispositon ^ Cremation ^ Donation 21b. Date of 05posidan (Month, day, yearl 21c. Place of Dislwsi( (Name of cameler/, crematory a alber place) 21d. Location (City / lain, stale, zip wde) 1 0 6 5 ^ ®r8~ry^ RemovaltmmState bgMedicelExamirarlaCOrnoney7~n~^Ves^Np 8/11 /2008 Mt. Holly Springs Cem. Mt. Holly Springs,PA 22a. SgraW I Funeral Service Li nsee (or perspn acting as sucn) 22b. License Number 22c. Name and Address of Fadkly - ~ ~ ~ 011589E Hollinger FH&Cremator Mt.Holl S rin s PA 7 Camgete Hems 23at omy when mrtayirg physidan a nd evadable fll time of deem N 2 a. To the best of my kn o wl~dge~`death t Ne lime, da M place staled. (Slgrelure and title) ~u 230.. Lipce~/sa Nurmber ~t 7 ) ~ G v` ~ 23c. Date SigneO (MOnN. day, y(e~a{r)//.~ Cr () ~ ~/ mdhy ease of deaN. , ri,, (L ~yQJ~ / ~ 1. ~j 1. ~ V 1 .~! V ~5 ` " ~ C, ~~~ `"' ~ `~ - Items 2x28 must be ComTAetetl by person 2a. Tme of em ~ , ~ /.y 25. Dea Praauraed Dead (Mont da I 'l ~ ' r ~ 28. Was Case Relerted to Medical Examiner /Coroner for a Reason Other than Cremation w Donation? who proraurtces death. ~ ~ M. ) a (J O r+ j - C/ J - ^ Yes ^ No CAUSE OF DEATH (Sae inahueziotu end examples) r Approximate interval: Pad II: Enter oNer simihrant conditions camibnho m deem, 28, D'q Tobacco Use CanlriblRe to Death? hem 27. Part I: Enter Ux drab d evm6 - cheeses, hjurres, or mmpk:egau - Nat directly caused the death DO NOT enter lermiral events such es mrtliac arrest, pose! to DeaN but not resulting in the uMertying cause given in Pad I. ^ Yes ^ Probably respiratory arrest, a ven0huler fibdlWtion radxwt showing the elalogy LW omy one cause on dech line. ^ No ^ Unkrawn IIAMEgATE CAUSE 1Final tlisease or 1 1 ' A t ~ ~~ 7 p r-1A _ t i in ~ aV , ~„ xa 29. If Femek: rondh on result 1 v ~.~1~ ~ v g m death) _' a. 1~ V ~ 1 ^ Due b (or as a consequence op: $equanliaay kat cagilions, it any, D, '+~ r~ Not pregnant within pest year ^ Pregnant al lime of death M~drg ro Ifs muse Fsled an line a. pce to (or es a cosequence ol): Enar the UNOERLYNiG CAUSE ^ Not pregnant, ba Pregnant within 42 days (disease a injury Nat inilialetl da c h h d LAST of aeatn I ) evenly 25u mg m eat . p1e tp (a es a co nsequenca M). ^ Not pregnant but pregnant 43 days to i year ~j d. ~ V' S ~ S before deaN ^ unknown i1 Pm~+am wanin me pass year 39a. Was en Autopsy 300. were Aulapsy Flndirtgs 3t. Manner of DeeN 32a. Dale of Injury (Month, day, year) 320. Dascnm Now Injury Occurtad 32c. Place of Injury: Mane, Farm, Street Factory, i Performed? AvatleUe Pmr to CanlAetion or canoe or DeaN? aNrel ^ Homicide Oflim BWldirq, em. (Specify) ^ Yes ^ Yes Ia0'vu ^ A~IOertt ~ Pentlirg Investigation 320. time of Injuy 32e. Ir(ury et Wod7 321. II Trensportaaon Injury (Spenty) 32g, Lamiion a Injury (Slrea, city /town, slate) I ^ Suicide ^ Could Nol be Determined ^ Yes ^ No ^ Dmer / Ope2la ^ Passenger ^Peaestnan M gher ~ Spedty: 33a. Certlher (check only Dire) 33h. Sig a and T01a of fier • Grtilytng phyakMn (Physidan cergtying muse of deem when atmther physician has proraunced tleath arA mmpletetl hem 231 To the best of mY krawkdge, deaN occurred die to the bauae(9) and avnrNr as amted_ _ _ _ _ .. ^ ____________..________.,_____ , I I • Protwunarp ant ceniying physician (Physician both pmnoundrg daN and cenhyirg to muse al death) 33c. Laense Number 33d. Date S ned (Month, tlay, year) To the best of my knowedge, deaN occurretl at Ne lime, date, ant place, end due to the cause(s) end manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ y~ ~ 1 ~ ~ ~ ~ (_1 ~ `r~ • Madlml Eaaminer! Dororor ~ y J v' , O V On Ua basis of examinatton and / or imesngadort, in my aplnbn, death occurred et tla Ilme, sate, ant place, and due to toe cause(s) and manner u stated_ ^ e ant A d,renss of`Person Who CogIgled Cau of Death (hem 271 Typa /Print 3o Nam ~ ~ n F d n A.JS.~I ~ ~ ` y 35. Re I Signature Dlsir 1 tier - ~ . ~"r,.~c~ ~ ~, i ~ ~ a 14 I o i ile (Month, tlay, year) Date ~ •• - ~~+? i n/w~ 1~7GL.W C~O~ ~-(~.1,( l~9 Disposition Permit No. tJ ~dyx,"y ~~ 1 ~ I LAST WILL AND TESTAMENT =, ~ ~_ , ~~ _, :::~~ 1_ STEPHEN L. HERB ~- ~ ~ :=' ~' _~ - - ~ ~J c:.' -i7 °• :js. ~ I, STEPHEN L. HERB, now domiciled in Cumberland County, Pennsylvania, declarre this to be my Last Will. I revoke all other Wills and Codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Article III I give, devise and bequeath my tangible personal property in accordance with any memorandum which I have either handwritten or signed, located with my Will or with my valuable papers and found within 30 days of the probate of my Wi11. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Article N hereof. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath according to the following: A. ONE-THIRD (1/3) of my estate to be held intrust for the benefit of my wife, DORIS S. HERB, currently of Cumberland County, Pennsylvania, to be held, managed, and administered according to Article V herein. In the event DORIS S. HERR predeceases me or fails to survive me by thirty (30) days, then her share shall be distributed outright IN EQUAL SHARES to my daughter, JUDITH E. DRESS, currently of Cumberland County, Pennsylvania, Per Stirpes; and B. TWO-THIRDS (2/3) of my estate to be distributed outright to my daughter, JUDITH E. DRESS, currently of Cumberland County, Pennsylvania. However, if my daughter does not survive me by thirty (30) days, but leaves descendants who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share my daughter would have received had she survived me by thirty (30) days. Article V In the event that a Trust is created for the benefit of my wife, DORIS S. HERB, by or as a result of any part of this Will, the terms and conditions of the Trust for the benefit of DORIS S. HERR shall be as follows: _2_ A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, and care of DORIS S. HERB. for the remainder of her lifetime. B. In the event of DORIS S. HERR's death, the trust shall terminate, and the remaining income and principal of the trust shall be distributed outright to my daughter, JUDITH E. DRESS, currently of Cumberland County, Pennsylvania, Per Stirpes. C. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution, or other processes of law. Article VI In order to carry out the purposes of the Trust established by this Will for the benefit of DORIS S. HERR, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form received and/or to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, _3_ (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file fiduciary/income tax returns and pay the tax due for any yeaz for which such a return is required, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; to pay from my estate reasonable compensation for all their services, (i) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death, (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed, and (k) to make unlimited gifts from the trust to my child(ren), including the Trustee hereunder, or to a trust for the benefit of my spouse or my child(ren). The amounts and nature of such gifts shall be in the sole discretion of my Trustee. It is my specific intention that gifting to protect assets from the costs of long term care shall be permitted. Article VII I hereby appoint my daughter, JUDITH E. DRESS as Trustee of any Trust created in this Will for the benefit of my wife, DORIS S. HERB. In the event of the renunciation, death, or inability to act, for any reason whatsoever of JUDITH E. DRESS, I nominate, constitute and _4_ t appoint my son-in-law, J. MICHAEL DRE5S, successor Trustee of the Trust created in this Will for the benefit of my wife DORIS S. HERB. Article VIII I nominate, constitute, and appoint my daughter, JUDITH E. DRESS, Executrix of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executrix, I nominate, constitute and appoint my son-in-law, J. MICHAEL DRESS, successor Executor of my Last Will and Testament. I direct that my Executrix or successor Executor be permitted to serve without bond and in addition to those powers granted by law, I grant them power to distribute in cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed if living. My Executrix or successor Executor shall receive reasonable compensation for services rendered to my estate. Article IX In addition to the powers conferred by law, I authorize my Executrix or successor Executor in his/her absolute discretion: (a) to retain in the farm received and to sell either at public or private sale, any real estate or personal properly except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, _5_ (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and (}) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, STEPHEN L. HERB, hereby set my hand to this my Last Will and Testament, on ~~/ ~~D ~ , 2004, at Harrisburg, Pennsylvania. STE EN L. HERB In our presence, the above-named STEPHEN L. HERR signed this and declared this to be his Last Will and now at his request, in his presence, and in the presence of each other, we sign as witnesses. Name .~-- J -_-- Address _6_ I, STEPHEN L. HERB, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by STEPHE L. HERB, the Testator, on ~ 1 I ~~ 1 ~ , 2004. Notary Pub Ic ~~ EPHEN L. HERR Notarial Seal Marielie F. Hazen, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. 23, 2006 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by _~S~ , and~j~~, , witnesses, on ~ / ' , 2004. L~ ~~ , otary P lit -~- Notarial Seal Marielle F. Hazen, Notary public City of Farrisburg, Dauphi^ County My Commissivn Expires Sept. 23, 2006