The URL can be used to link to this page

Home My WebLink About77-0253IN RE: ESTATE OF GEORGE L. HEMPT, IN THE COURT OF COrI?i0N PLEAS OF Late of Lower Allen Township, CUMBERLAND COUNTY, PENNSYLVANIA Cumberland County, Pennsylvania ORPHANS' COURT DIVISION N0. PETITION FOR APPOINTMENT OF SUBSTITUTED TRUSTEES TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Max C. Hemet and Dorothy H. Plark, respectfully represents: 1. That your Petitioners are Max C. Hemet, of R. D. 1, Alechanicsburg, Pennsylvania, and Dorothy H. Mark, of 605 East Orange Street, Shippensburg, Pennsylvania. 2. That George L. Hemet died September 18, 1942, testate, and his Last Gull. and Testament was duly probated in the Office_ of the Register of dills in and for Cumberland County, Pennsylvania. 3. That under the said Will, the testator provided, inter alia, as fol_]_ows: "4. I give, devise and bequeath the rest, residue and remainder of my estate, share and share alike, unto my three children, Dorothy Hemet Clark, Alax C. Hemet and Jean Doris Hemet. Th.e share or interest of my daughter, Jean Doris Hemet, 1 give, devise and bequeath unto my Trustees hereinafter named, in trust, to hold the same for the benefit of my said daughter, Jean Doris Hemet,........,°` "7, I nominate and appoint as Trustees for the estate of my daughter, Jean Doris Hemet, Dr. L. T. Hemet." 4. That the trust continues and it_ is necessary that. Trustees bP apnoi.nte.d in place of Dr. L. T. Hemet, by reason of his death, March 19, 1977. WILLIAM R. MARK ! lJ ~;„,; `,, as ~ .P ~ i'8~ . .. ATTORNEY qT I.AW .Ybo _1- ~e+~ SNIPPEN9BU RG:, PA. 5. That all parties in interest are Anna G. Hempt, mother of Jean Doris Hempt, and the Petitioners herein. WHEREFORE, your Petitioners pray Your Honorable Court to appoint Max C. Hempt and Dorothy H. i2ark, brother and sister to Jean Doris Hempt, Trustees under the Tdill of. George L. Hempt, deceased. i ~ ~ ~1aX C / emp t ~ --___.--~-- Dorothy H. l~ryark~~ ~- CONSENT I have read the foregoing Petition, and consent by joining in the prayer thereof. ~~_ Anna G. Hemp `'~~___,~ WILLIAM R. MARK ATTO RNEI'AT LAW ( ~2_ 3HiAPEN B9VRG. PA. ~ COMMONTaEALTH OF PENNSYLVANIA SS. COUNTY OF CUPSBt~ BLAND Before me, a Notary Public in and for said County and State, personally appeared DOROTHY H. NSARK, who being duly sworn according to law, deposes and states that the facts set forth in the foregoing, Petition are true and correct to the best of her knowledge, information and belief. ~ ~ ` ~. Dorothy H. :!ark Sworn to and subscribed before me this 7th day of April, 1977. '~ rA'_ Pdll. Y ,f_ _:. 'S, PtuiEt1 P?~'~~fi, _; ;~G ' +.b ` i . ~~ ijt~~cn hi~i~. ~~tTibef3RL~ LOU61y~ P&. z' ~' ' ` ~:Jt= My Commission Expires 1uly 27, 1978 t{r`d1 `~ ¢j WILLIAM R. MARK ATTORNEY qT h.AW it .-:' ~:~ f• SHi PPEN 3BURC3. PA. IN RE: ESTATE OF GEORGE L. HEMPT, Late of Lower Allen Township, Cumberland County, Pennsylvania IN THE COURT OF COhL"•~ON PLEAS OF CUPZBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION r~ DECREE AND NOW, this /~i day of April, 1977, upon co sideration of the annexed Petition, Max C. Hemet and Dorothy H. it, are appointed substituted , trustees for Jean Doris Hemet, under the tJill of George L. Hemet, deceased. By The Court, ~~~~ WILLIAM R. MARK LV I .` F "~~y ( t~'t~~,,~~ A T~"O RNEY AT LAW / vd SHi^P[N59LFG. PA r<-,,~s C'7 ~'' `~ ~ "~, Z'I ~ ~1 C.._. r-r~y ~~ .C1 " '.~ i ... p C t V .~ ~~ i~ .. ~ ~ Y.....,y .'." ~"' _ ~.~ ~" IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNSYLVANIA an Incompetent Person ORPHANS' COURT DIVISION Nos. 2008 of 1942, 253 of 1977, and 117 of 1985 UNCONTESTED PETITION FOR THE APPOINTMENT OF A CO-GUARDIAN FOR THE PERSON OF JEAN DORIS HEMPT AND FOR THE APPOINTMENT OF A CO-GUARDIAN FOR THE ESTATE OF JEAN DORIS HEMPT Gerald L. Hempt, as guardian of the estate and person of Jean Doris Hempt, petitions the court to appoint W. Robert Mark as co-guardian of the estate of Jean Doris Hempt and Forrest Mark as co-guardian of the person of Jean Doris Hempt, and in support thereof avers as follows: 1. Jean Doris Hempt was born on January 24, 1927. Because of a disability, she has resided at The Woods School and Residential Treatment Center ("The Woods School") since 1938. 2. Jean Doris Hempt has never been married and has no children. Her parentis are deceased. 3. Jean Doris Hempt had two siblings, namely a sister, Dorothy H. Mark, and a brother, Max C. Hempt. ~~~ 4. By Decree dated March 8, 1985, this Honorable Court adjudged Jean Doris Hemet an incompetent person, and appointed Max C. Hemet and Dorothy H. Mark as guardians of the estate of Jean Doris Hemet. 5. By Decree dated May 10, 1990, this Honorable Court appointed Max C. Hemet and Dorothy H. Mark as guardians of the person of Jean Doris Hemet. 6. Dorothy H. Mark died on June 15, 1995. 7. By Decree dated September 3, 1996, this Honorable Court appointed Gf;rald L. Hemet co-guardian, with Max C. Hemet, of the estate and person of Jean Doris Hemet. Gerald L. Hemet is the son of Max C. Hemet, and the nephew of Jean Doris Hemet. 8. Max C. Hemet died on May 23, 1999, and since that time, Gerald L. Hemet has served as the sole guardian of the estate and person of Jean Doris Hemet. 9. Because of her incompetency, Jean Doris Hemet never had and never will have the capacity to make a valid will. 10. When Jean Doris Hemet dies, her intestate heirs will be the surviving is>ue of Max C. Hemet and Dorothy H. Mark. Currently, these surviving issue are: Issue of Max C. Hemet Issue of Dorothy H. Mark Gerald L. Hemet W. Robert Mark Marian H. Semoff Forrest H. Mark Martha Bair Steven E. Mark Max J. Hemet Christine Hemet Murphy 11. In order that a family member of the Marks participate in the guardianship of the estate and person of Jean Doris Hemet, Petitioner seeks the appointment of co-guardians for the person, and for the estate, of Jean Doris Hemet. -2- 12. The proposed co-guardian for the estate of Jean Doris Hempt is W. Robert Mark, the son of Dorothy H. Mark and the nephew of Jean Doris Hempt. W. Robert Mark has consented to serve as the co-guardian of the estate of Jean Doris Hempt. A copy of leis consent is attached hereto as Exhibit A. 13. W. Robert Mark has agreed that, if appointed as co-guardian of the estate of Jean Doris Hempt, he will serve without compensation, except that expenses reasonably and. necessarily incurred in performing services will be reimbursed, up to $2,000 annually. See, Ex. A. 14. W. Robert Mark is a shareholder in C.A. Hempt Estate, Inc., a company with substantial assets located in Cumberland County, so it is respectfully submitted that r~o bond is necessary for his service as a co-guardian of the estate of Jean Doris Hempt. 15. The proposed co-guardian for the erson of Jean Doris Hempt is Forrest H. Mark, the son of Dorothy H. Mark and the nephew of Jean Doris Hempt. Forrest H. Mark has consented to serve as the co-guardian of the person of Jean Doris Hempt. A copy of his consent is attached hereto as Exhibit B. 16. Forrest H. Mark has agreed that, if appointed co-guardian of the person of Jean Doris Hempt, he will serve without compensation, except that expenses reasonably ar~d necessarily incurred in performing services will be reimbursed, up to $2,000 annually. See, Ex. B. 17. Forrest H. Mark is a shareholder in C.A. Hempt Estate, Inc., a company with substantial assets located in Cumberland County, so it is respectfully submitted that no bond is necessary for his service as a co-guardian of the person of Jean Doris Hempt. -3- 18. All of the currently surviving issue of Max C. Hempt and Dorothy H. Mark concur in this Petition. A copy of the concurrence is attached hereto as Exhibit C. WHEREFORE, Petitioner respectfully requests that this Honorable Court: ~,l;l appoint W. Robert Mark to serve as the co-guardian of the estate of Jean Doris Hempt; and, (;2} appoint Forrest H. Mark to serve as the co-guardian of the erson of Jean Doris Hempt. McNEES WALLACE & NURICK LLC /~ B ~ -- y. _ D na .Kaufman I.D. No. 49674 Kimberly M. Colonna LD. No. 80362 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 Tel. 717-232-8000 Fax. 717-237-5300 Dated: May 24, 2011 -4- VERIFICATION Subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I hereby certify the facts set forth in the foregoing document are true anti correct to the best of my knowledge, or information and belief. r Gera d L. Hempt Dated: B~G~ `~~~ , 2011 E~~-IIBIT A IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNS~c'LVANIA an Incompetent Person ORPHANS' COURT DIVISION Nos. 2008 of 1942, 253 of 1977, and 117 of 1985 CONSENT OF CO-GUARDIAN OF THE ESTATE I, W. Robert Mark, certify that I am willing to serve as the co-guardian of the estate of Jean Doris Hempt. My current residence is 1148 Linkside Drive, Atlanta Beach, FL, 32233. My occupation is (cam- `~'~~ ~~-~'~ni~{" I certify that I speak, read and write the English language. I certify that I do not have an interest adverse to Jean Doris Hempt. If appointed, I agree to serve without compensation, except that I may seek reimbursement of expenses reasonably and necessarily incurred in performing services up to $2,000 annually. W. Robert Mark EXHIBIT B IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNSYLVANIA an Incompetent Person ORPHANS' COURT DIVISION Nos. 2008 of 1942, 253 of 1977, and 117 of 1985 CONSENT OF CO-GUARDIAN OF THE PERSON I, Forrest H. Mark, certify that I am willing to serve as the co-guardian of the person of .-`ean Doris I-Tempt. Niy current residence is 2833 Sinks Canyon Koad, Lander, Wyoming 82530. M occu anon is .~~t~- ~~ `' ~ ~ ~ ~ ~ ;.~ ~ ~ ~~ Y P G ~ r~i `~ - PC,~z~~~ ~Jr~ 1~lllr/~,~` fi ~ ~" Nils,~~f,~ I certify that I speak, read and wri e the English language. I certify that I do not have an interest adverse to Jean Doris Hempt. If appointed, I agree to serve without compensation, except that I may seek reimbursement of expenses reasonably and necessarily incurred in performing services up to $2,000 annually. ~^ fs e~ ~~. Forrest H. Mark ~XI~IBIT C IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNSYLVANIA an Incompetent Person : ORPHANS' COURT DIVISION Nos. 2008 of 1942, 253 of 1977, and 117 of 1985 CONCURRENCE Max J. Hempt, Christine Hempt Murphy, Gerald L. Hempt, Marian H. Semoff, Martha Bair, W. Robert Mark, Forrest H. Mark, and Steven E. Mark, by and through their undersigned counsel, each hereby concur in the petition for the appointment of W. Robert Mark as the co- guardian of the estate of Jean Doris Hempt and for the appointment of Forrest H. Mark as the co- guardian of the person of Jean Doris Hempt. JOHNSON, DUFFIE, STEWART & WEIDNER By ~-_ J y Duffie, squire .D. No. 3 01 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Max J. Hempt, and Christine Hempt Murphy ZULLINGER & DAMS By _ Joel Zullinger, Esquire I.D. No. 17516 14 North Main St., Suite 200 Chambersburg, PA 17201 Attorneys for W. Robert Mark, Forrest H. Mark, and Steven E. Mirk S WALLACE ~ N~tJRICK LLC By ~iC~ , 'chard W. Stevens ,Esquire I.D. No. 7120 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 Attorneys for Gerald L. Hempt, Marian H. Semoff, and Martha Bair DATE: _~ a y , 2011 IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNS~r'LVANIA an Incompetent Person ORPHANS' COURT DIVISION Nos. 2008 of 1942, 253 of 1977, and 117 of 1985 CONCURRENCE Max J. Hempt, Christine Hempt Murphy, Gerald L. Hempt, Marian H. Semoff, Martha Bair, W. Robert Mark, Forrest H. Mark, and Steven E. Maxk, by and through their undersigned counsel, each hereby concur in the petition for the appointment of W. Robert Mark as the co- guardian of the estate of Jean Doris Hempt and for the appointment of Forrest H. Mark as the co- guardian of the person of Jean Doris Hempt. JOHNSON, DUFFIE, STEWART & WEIDNER ZULLINGER & DAMS By Jerry R. Duffie, Esquire I.D. No. 9601 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Max J. Hempt, and Christine Hempt Murphy McNEES WALLACE & NURICK LLC By Richard W. Stevenson, Esquire I.D. No. 7120 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 Attorneys for Gerald L. Hempt, Marian H. Semoff, and Martha Bair BY ~Y ~. ~XX.w~h,C.C~ J~1 Zullinge , squire d I. . No. 1751 14 North Main St., Suite 20CI Chambersburg, PA 17201 Attorneys for W. Robert Mark, Forrest H. Mark, and Steven E. M, ark DATE: ~a~'-~~_ , 2011 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon this date by first-class mail, postage prepaid, addressed as follows: Jerry R. Duffie, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Max J. Hempt and Christine Hempt Murphy Joel Zullinger, Esquire ZULLINGER & DAMS 14 North Main St., Suite 200 Chambersburg, PA 17201 Attorneys for W. Robert Mark, Forrest H. Mark, and Steven E. Mark Richard W. Stevenson, Esq. McNEES WALLACE & NURICK LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 Attorneys for Gerald L. Hempt, Marian H. Semoff, and Martha Bair ' berly M. Colonna Dated: May 31, 2011 McNees Wallace & Nurick ~~c ~t ire ~~;~ ~ '~ ~ ~ -~ ~t'~~i", ~ 71 t~$- ~ Kimberly M. Colonna ~'' ~~°°~~€ ~~ ~7.~t~ Direct Dial: 717.237.52783 Direct Fax: 717.260.1674 kcolonna@mwn.com May 31, 2011 Ms. Glenda Farner Strasbaugh Clerk of Orphans' Court Cumberland County Court of Common Pleas One Courthouse Square, Room 102 Carlisle, PA 17013-3387 RE: In the Matter of Jean Doris Hempt, Nos. 2008 of 1942, 253 of 1977, and 117 of 1985 Dear Ms. Strasbaugh: Enclosed for filing is an Uncontested Petition for the Appointment of Co-Guardians of the Estate and Person of Jean Doris Hempt. Because we are requesting that this Petition be docketed under three docket numbers, we have included a check for a filing fee of $45. Also enclosed is an extra copy of the Uncontested Petition, which we ask that you date-stamp and return in the envelope provided. We have also enclosed four copies of a proposed decree, and envelopes with postage for the mailing of the decree to the counsel for the interested parties. Thank you for your attention to this matter. Sincerely, McNEES WALLACE & NURICK LLC By ~ Kimberly M. Colonna Enclosures c (w/encl.): Jerry R. Duffie, Esq. Joel Zullinger, Esq. Richard W. Stevenson, Esq. www.mwn.com HARRISBURG, PA '~ LANCASTER, PA ~ STATE COLLEGE, PA ~ HAZI_rTON, PA • C01_UMBUS, OH • WASF#INtaTON, DC