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Home My WebLink About02-11-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Robert J. Hemmler also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-09 - (~ ~ t-~-q ,Deceased Social Security Number 200-16-5021 Jacqueline D. Berry and Ursula Nickels Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or 'B' BELOW.•) 0 A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) RS/are the ~C@Cl1tOT8 named in the last Will of the Decedent, dated 12/31/2003 and codicil(s) dated NIL 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: B. Grant of Letters of Administration app ~ce e, en er• c..a.; ..n.c..a.; pe en e r e; uran e a sen ~a; uran a mrno 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(/f Administration, c.f.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.) me ip c ~ ~, - , -~L ~_ W ?; .,. __, -~ ~ -, _ - _- --~ - t _.' (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ ~ ~ _ `; Decedent was domiciled at death in Cumberland County, Pennsylvania with his / ham- last principal reslder~tpe a4 , -~ Bethany Village, Mechanicsburg, Lower Allen, Cumberland, PA 17055 0 (List street address, town/city, township, county, state, zip code) Decedent, then $1 years of age, died on 11/27/2008 at Bethany Village, Mechanicsburg, Lower Allen Township, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 4,000.00 (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: 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 a ro riate form to the undersigned: pp p ~tgnature Typed or printed name and residence Jacqueline D. Berry 113 Maple Street ~ Dillsburg, PA 17019 ~ ~? 717-432-8356 Ursula Nickels Post Office Box 394 >- Dillsburg, PA 17019 ~ t 717-432-5903 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(sdj 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 -FI`- before me this ~_ day of 2009 ~~ For the Register Signature of Personal Representative File Number: 21-09-- (`j1~}q Estate of Robert J. Hemmler ,Deceased Social Security Number: 200-16-5021 Date of Death: 11/27/2008 AND NOW, ~ , 2009 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT DECREED that Letters Testamentary are hereby granted to JaC ueline D. Ber and Ursula F Nickels in the above estate and that the instrument(s) dated 12/3112003 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .......................................... $ ~L~ , (~(~ 2 Short Certificate(s) ........................ $ 1 ~ . ~ Renunciation(s) ............................. $ ~~ $ ~~ ~ Q® - u~+omc~~ I ~~ $ 5 ~ o~ $ $ $ $ $ TOTAL .................................. $ ~ Z . (,C~ Supreme Court I.D. No.: 15893 Schrack & Linsenbach Law Offices Address: 124 W. Harrisburg Street P.O. Box 310 Dillsburg, PA 17019-0310 Telephone: 717-432-9733 E-Mail: Schracklaw@comcast.net Page 2 of 2 Form RW-O~ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Attorney Signature: Attorney Name: W Chrack III LOCAL REGISTRAR'S CERTIFICATION OF DEATH UI/ARNING: It is illegal to duplicate this copy by photostat or photograph. - I~ee f~lr 1hi~ crtifi:ate. ~~i.Ol) ~I I'' ~~lSE! 0~ p",~ ,,'oI~F,P Fyh~` _ „off , _ ,; ~ ~ ~~: ~e ° ~~ 'a ~~~~ P 14962585 ~~°~' --- -_ __ _ _--- ----- `~ 9 ~~~~ 9„ (crtiflcntinil Numhel ~.,, ±~'~ COMMONWEALTH OF pENNS YLVANIA • DE PARTMEiNT OF HEA(.TH • YcrAL HECOROS CERTIFICATE OF DEATH (^xe Instructions and examples on reverse) - STRF Fw_E N~,+AFA -- -.... _._.._.. _._., Sr. ^sar SeerM EW+y ~. Dfb M OeN+ J(ober t s.+«~ +9.eifr{ tw.l,..r uwl+fHie,minwaaw.lw,n.nn,n•n ,.eaperlORrr,wwr«:'tlale 200 - 16 - 5021 No ns' r'.., I«rH sf. n+m « orre ^+M (hree oN B 1 Nwr2r. ~,~. r~~ f~ •-F~ t"~1 '~ 27, 20 I~ c ,.. it _ J (~._,, 7 -y l ~~ I~ 1 „-. 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I~-l, :J wP°MrE MI /Nb~ll ltbq b 1 tr . N //Ire0x/M~ li MbrNl,,,`tfbe4 dlt~ :H. D~eiM Nov U orr'u.%PeMb'tl~albb/er reb ~~ IurY~1//1~~ Y ~ ;~ ~ . rtawrneera IJ Na/tA ,~ yff /d"4~~9p1. hdb't IM ~ q, rrte~~ , R' RT"e L]Y'+ ^ Me ^ Arad ^ re+sb ee'erp,iw 3M t rVMf tta r'ry N~ebe1 xtl. ElrRd/b'y.+f l~dl? l~ lfcfl..r-i'rr (9,w, ay i b„e reW a~ Q2b 1K N arawrN ^`/fe [] No r , ^ eW i 0/rela Q hfwy« r,/rl/niw . a cell. Neetu'Ye'4 $,~. a'eflesppMbly~ae art,tsoeere/nriN„fwrr rfMft^ aws.ww •. ve+e~e.a.ser aN av+rb«'I ,,,,, .a ' Ya Y e m s.en.aaulb. . e b lle. /lee eerw/ eYM M ee'e{qM uenner ~ fbe/L _ _ _ _ _ _ 1N .y/ .y,l ,,,~y,~„I/„r,I,~~M~ __________________________ ~\q V v v'/ ' ^ , ~/ ~rt~ = V n M ~ ~ ~y«_„~b~raA~ reerr En~Y ~tlr•0'+m,/NrMMny/,y,N/„~.~yw,f,,,f~'~f.7 M,+mwwrnfaw_____________ ~1. `TM W~ AE ~ wl ~ C~ 4~ 5 ______ ~ b11~rA.I.f.wFNF,MfeiMf,µylN,,,rn'/.M^r,1.lfV. Mabr.l rwb Y'\dk>•f//Ifw fMrrMY fr(a l . Q A r~~ .~( .( t ~ ff11 ~ ! ~ I ~ - J ~ 1 Vg r+e ,e+fre.a Mel ~ D ~t.tl~'"~. -~ f~" ~_ ' U mK ~~e,nri Fvja'"' ~'ii~rv~ ~? v fl 3 s'6 T m - - i -`' /~ l.F ~ /? >7 aV W+%+n hrnA En Lb2ll.~ .'3 7~hi5 is to certif} th,(t the ulfornuUion bete given is ( orrectl~~ a)pieLi frllm an uri~~inal ('ertifiratc (if Death duly filed t~~ith me as Local Registrar. The original altifieate will he forw~u~ded to the State Vital Rccord~ Ofl~ire for permanent filing. C~Q~° ~ ~ 2 08 -~- L teal Re~~istl ~ Date I~~tiued n t- ,;'~ - -;_ 11 ~~ -, _V i LAST WILL AND TESTAMENT OF ROBERT J. HEMMLER I, ROBERT J. HEMMLER, of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. 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. ~~ c~ _ _ ' .17 '~ .~ ~ r~ [`, C i7 'fir ~ ~ _.. _~ ~ ::::~ ~ ~ _.Is - ~ ~ ~ - .. -'~'1 -~_~ •• ` O Article III I give, devise and bequeath 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 Will. 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. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath IN EQUAL SHARES to my daughters, JACQUELINE D. BERRY, of York County, Pennsylvania, and URSULA F. NICKELS, of York County, Pennsylvania. If any of my beneficiaries predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue who survive me, per stirpes, or if he or she has no issue, the share(s) are to be added equally to the other shares. Article V If a beneficiary under this Will has not attained the age oftwenty-five (25) years, the share of the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the terms in Article VI. -2- Article VI In the event that a Trust is created by or as a result of any part of this Will, the terms and conditions of the Trust shall be as follows: 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, care and education (including college, trade school, or other similar training or education) of the child until the child attains the age of twenty-five (25) years. B. Upon attaining the age of twenty-two (22), one-third (1/3) of the principal and accumulated income, of the child's share shall be distributed outright to the child. C. Upon attaining the age oftwenty-five (25), the remaining principal and accumulated income of the child's share shall be distributed outright to the child. D. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest be subj ect to claims of his or her creditors or liable to attachment, execution, or other processes of law. Article VII I hereby appoint URSULA F. NICKELS as Trustee of any Trust(s) created in this Will. In the event of the renunciation, death, resignation, or inability to act, for any reason whatsoever of URSULA F. NICKELS, I nominate and appoint my son-in-law, STEVEN L. BERRY of York County, Pennsylvania, as Successor Trustee of any Trust(s) created in this Will. -3- Article VIII In order to carry out the purposes of the Trust established by this Will, the Trustee, in addition to al l 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, (e) to compromise claims without court approval and without consent of any beneficiary, (fl to file fiduciary/income tax returns and pay the tax due for any year 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; and 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, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. -4- Article IX I nominate, constitute, and appoint JACQUELINE D. BERRY and URSULA F. NICKELS C'o-Executrixes of my Last Will and Testament. I direct that my Co-Executrixes 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 Co-Executrixes shall receive reasonable compensation for services rendered to my estate. Article X In addition to the powers conferred bylaw, Iauthorize my Co-Executrixes, in their absolute discretion: (a) to retain in the form received and 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, (e) to compromise claims without court approval and without consent of any beneficiary, (fl 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, -5- (h) to employ any attorney, investment advisor, or other agent deemed necessary by my (i) to conduct alone or with others, any business in which I am engaged in, or have an (j) to receive reasonable compensation in accordance with their standard schedule of fees Executor; and to pay from my estate reasonable compensation for all their services, interest in at time of my death, and in effect while their services are performed. IN WITNESS WHEREOF, I, ROBERT J. HEMMLER, hereby set my hand to this my Last Will and Testament, on ~im.li~~ ~/ , 2003, at Harrisburg, Pennsylvania. In our presence, the above-named ROBERT J. HEMMLER signed this and declared this to be his Last Will and Testament, and now at his request, in his presence, and in the presence of each other, we sign as witnesses. ROBERT J. HEMML Name Address C- -_ r (`) / `70 IflYl {~Qr' PYl1iu%~~/'Ivy 1~`1~e r~an~cb~x..~~i>i1 i nor, ~. -6- I, ROBERT J. HEMMLER, 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 ROB RT J. HEMMLER, the Testator, on 3/ ,2003. Public Notarial seal Leslie K. Neidig, Notary Public Warren Twp, York Courriy My Cortrrrssion Expires Feb. 4, 2007 Member, PArxisylvania Associaton Of Notaries ROBERT J. HEMMLER 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 and c.z~. ~' ,~.lyycaai witness-ri~.l~~ -~~/ , 2003. / i7 ~/ 4.., L~ -- ofa Public V Witness L Witness ,~ Notarial seal Lesko K. Neidg, Notary Public Wartington Twp, York Counxy MyOommission Expires Feb. ~, 7 Mfslllbef, Pennsylvania Association Of Notaries