Loading...
HomeMy WebLinkAbout09-11-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Joseph H. Kemper, III also known as Deceased COUNTY, PENNSYLVANIA File Number ~ I _ V9 U U l(J Social Security Number 178-24-9162 Gloria B. Kemper Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or B' BELOW.) ?/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix last Will of the Decedent dated 9/13/2002 and codicil(s) dated (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 bom or adopted after execution o for probate, was not the victim of a killing and was never adjudicated an incapacitated person: B. Grant of Letters of Administration named in the r~-t -zy, C7 '~ a ._~_ r- tl~e ~ dm~Utrtent(s~.m iJ}'~1~ t~T-3s~ ~~ (lfapplicable, enter: c.t.a.; d.b.n.c.t.a.,~pendentelite; duranteabsentia; durant~iinoritate) N 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 Administration, c. t. a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETE INALL CASES:) Attach additional sheets if necessary. .`_ _ L -r, t-t'~ i}- ~7 C" ,-~ r, ._ ~ ~.. -.J :~. (If Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 428 Lafavette Street, Enola, PA 17025 (List street address, town/city, township, county, state, zip code) Decedent, then 78 years of age, died on January 18, 2009 at Golden Living Center, 770 Poplar Church Road, Camp Hill PA 17011 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: 428 Lafayette Street, Enola, PA 17025 and 159 South Enola Drive, Enola, PA 17025 40,000.00 250,000.00 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: Gloria B. Kemper, 428 Lafayette Street, Enola, PA 17025 Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 ~/~ Signature of. bey fore me the ~' ! t day of Signature of Personal Representative the Register Signature of Personal Representative j -{~-7 1 } F•' -~~~-' ~~~~ /~. _.: ~ ~ ` ,i ~~ -i~ ,."~ ~~ File Number: Estate of Joseph H. Kemper, III _, Deceased tv c~ pVp ~/I t1 J r fV _ .~ ~ 1_1 .l h.~ _r_.i ~„/ l__ ,`,-, _ -t. ~ ~,.> Social Security Number: 178-24-9162r ,., ,~ Date of Death: January l8, 2009 AND NOW, ~ ~ ~~ ~ ~~ dpi ,C~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Gloria B. Kemper in the above estate and that the instrument(s) dated September 13, 2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. i n FEES / ~ ' ,,^^~~ /~-~ Letters ............... $ ~' V • v V Regisr u~il1 l`_ Short Certificate(s) ........ $_~y- ~ Attorney Signature: Re C iation(s) .......... $ L $ ~ - Attorney Name: R. Mark Thomas, Esquire • • • $ Supreme Court LD. No.: 41301 ate- ... $_ ~~~ $ Address: 101 South Market Street • • ~ $ Mechanicsburg, PA 17055 ... $ ... $ '~' $ Telephone: 717-796-2100 ... $ TOTAL .............. $ x-90 Form RW-01 rev. 10.13.06 Page 2 of 2 OCAL RE(aISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. 1=c~ tiyr th!: certificate. S(i.(1O P 1~QJ~4i~"~ Certif~irltiun tiumher ~~ This is to ccruf~ that he in(orr»ation here ~i~en is r<n-rcc~ly copied !mm an tyri~ina! Certificate of Death dull riled tiith Inc as i_ucal Registrar. The original certificate u~iil he fL>n~~arded t(y the State Viral Reairds Office liyr permanent tiling. %~~ °`~ Local Refs sU~ur ~' Date Issued r.~ c7 ~ ~' ~ ~~ ? ~ _ - >a ~ - : -. - - ~ ~ - ~ c7 ~~_ i,:J ~ ' " -~ ~ ~ _ _ -, _ ~ _ ~~ J f_ I REV 112006 RINT IN ANENT :K INK COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) CTd7«„ ~ x,,,,x,~o 1 Name of Decedent (First middle, last, suffix) 2. Sex 3. Social Security Number 4. Date of Death (Month, tlay, year) Jose h H. Kem er III Male 178 - 24 -9162 1/18/09 5. Aqe (last BirtMay) Untler 1 year Urger 1 tlay 6. Dale of Bidh (Month, day, year) 7. 8inhplace (City and state or for eign country) Ba. Place of Death (Check ony one) Momlo DaYS Hwrs MkruMS HOapdal: Other. 78 Yra. 4/30/1930 York Pa ^ Inpatient ^ ER! Dutpalienl ^ DOA ureinq Home ^ Residence ^Other ~ Specify. 86. County of Deam Bc. City. Boro, Twp. of Deatn Bd. 1=acillry Name (If rwl institulbn, give street and number) 9. Was Decadent of Hispanic Origin? C Cl No ^ Yes 10. Race. American Indian, 81ack, Wnile, etc. pf yes, epeciry Cohan, 7C (Specify9 Cumberland E. Pennsboro Tw Golden Living Center Mexman,PUertpRipn,ap, White 11. Decedent's Usual Occ Ibn Kind of work done tluri most pl workin life. De not state retired 12. Wes Decedent ever in the 1 3. Decedent's Education (Specify only highest grade completed) t4. Marital Slatua~ Married, Never Married, 15. Surviwrg Spouse (lf wife, give maiden name) Kind of Work Kintl of Business I IrMuslry U.S. Armed Forces? Elementary /Secondary (0-12) College (1 a or 5+) Witlowed, Divorced (Spedryg Conductor Railroad ~]Vea ^Np U Married 16. Decedent's Mailing Address (Brest, city I town, state, zip code) 428 Lafayette St Decedent's Adpl Resklence 17a. Slate Dld Decadent Pennsylvania uve trio „p,~t yen. Denedent Lived im East Pennsboro uGJ Twp . Enola Pa 1 7025 ,7b. cpunry Township Cumberland nd.^ ac~ ;~wsnin ~mns' D , l aa n City !Boro 76. Famer's Name (First, mitlde. lass, suKx) 19. Mother's Name (First, midde, maiden surname) Joseph H. Kemper Ida B. Wintermyer 20a. Informant's Name (Type (Print) - 20b. InfamanYS Mailing Adtlress (Street, city I town, stale, zip code) Gloria B. Kemper 428 Lafayette St., Enola, Pa 17025 21a. Method of Disposition ^ Cremation ^ Donatbn 21 D. Date of Dispassion (Month, day, year) 21 c. Place of Dispassion (Name of cemetery, crematory a other pWce) 21 d. Location (City /town, state, zip tale) ~] Burial ^ Removal frwn State !Was Cremation or Donation Authorized ^ Other-Specily~ i byfhdkalExaminerlCoroner? ^Yea^Np 1 /22/09 Woodlawn Memorial Gardens Hbg, Pa 22a. ~ d F rat Service C ee (or person acting as such) 22b. License Number 22c. Name aM Address of Facility S u 11 i va n F u n e r a 1 Home - r ~--- FD 011897-L 51 N. Enola Dr, Enola Pa 17025 Canpkle s 23a-c any whe rNyirrg physkdan rat avasahle at tone of deem to 23a. To Jl~ie-pest of my know e, de attuned at the Iime~nd Dlace stated. (Signat / - / ' ure and tine) 23~License Num~ r 23c. D le Signetl (Month, day, year) pBrtdy pose a doom. I v~wy (` 'Y~ (A.//~ 1MY1Y~, '/",1.. ~ N S I ~> 5 L a I a ~G) hems 24-26 mrsl ba completed by person 24. Tme of Death _ 25. Date unced eatl (MOmh, day, year) 26. Was Case Refered to Medical Examiner !Coroner for eason Other iha remalion DonationP vrho Pmnances dean. ~' 'u ~ kr M. l "h $ ~~ ~ ~ ^ Yes ~ No CAUSE OF DEATH (See Instructions d examples) r Approximate tetanal: Item 27. Par I: Enter me dwn of events -diseases, injuries, or romplicalions -that tiredly caused the deem. DO NOT enter IamrL events such as cardiac crest, r Onset to Deem i Pan 11: Enter other N ifc tit ccv+dsions wnldb~dinq to death, Dut nor resulting in me undedyirg cause given in Pad I. 26. Did Tp6acco Use ConinDute to Deam? ^Ves ^ Probabhy resgratay crest, a ventr cular frbnsation wshout showing the etbbgy. Leal only one pose on each Ilne. ~ N U NIMEgATE CAUSE (Final disease or ,Y - / ' o ^ nknown ~ t ~ ~ n' ~ corltlilipn resuning in sett -~ a. `(t,S ,I ' ^"7 `~l~~ ! r V ~yz ... / / / /y ~1( Z sf,%4/r~•~ts-~i`~~3y 29.nFamale. Due 10 (or as a ppnaegDence O•): / C ~ ~ ~ ~ y ^ Noi pregnant within pest year Sequentially list conditions, s any, D Q wr l s r'7 /V {1 t.e ? T ,~-~ ~ leadsrg to the pose kste0 on line a. ^ Pregnant at lime of death onsequence ol). Emer the UNDERLYING CAUSE Due to (or s a c r ^ Nor pregnant. Dui Pregnant within 62 days / (dsease a iha) iniDaled the ~~f ! n /yy ~ c ~ ~R ~S r ~Y r ~ r T events resulbng mm deem) LAST. - ' w ~ ~ Due to (or as a wnsequenp off: ~ r ] No p regnanl, bur pregnan143 days to t year h r d, I e ons death ^ Unknown II pregnant wahin Ina past year 30a. Was an Autopsy Pertomied? 30b. Were Autopsy Findings Available Prror b Completbn 31. Manna of Deem 32a. Date of Injury (Mon th, day, year) 32b. Describe How Injury Occured 32c. PWce of Injury: Home, Farm, Street Factory, of Cause of D~mP rraxn~~~ f_.7"'•atural ^ Homicide OAKe Building, etc. (Specity) ^ Yes ~NO ^Ves ^ No ^ Acadent ^ Pending Investigation 32d. Tune of Injury 32e. Injury al Wodr? 32f. II Trensportatan Injury (SpedtyJ 32g. Location of Injury (Street, city I town. stale) ^ Suicide ^ Caid Not be Deternined ^ Yes ^ No ^ Driver l Operate ^ Passenger ^Pedestnan M Omer - Spedry~ 33e. Cenifia )check Doty one) 336. Signal e of CertifNr ~ • Cerfftying physician (Physician ceniying Cause of death when arwlha physician nos Drarounced death antl canplaetl Item 23) To the best o1 my knowktlge, rkath occurred due to the puse(sl alM manner as statell_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ - • Pronouncing aM certifying physician (Physidan Doh pronouncing death and certifying to cause of death) ~ To the best 01 my knowledge, death occurred at the time, date, and place, end due to the ceusals) and manner as atated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • fAetlkal E a i I C 33c. L'~cense Number r 33tl. Date 8lgrred (Monet d ,year) q O SDU ~ ~ ~ /~ ~~U x m ner oroner J l D / On the basis of examination and I or ipvestigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) end manner as stated_ ^ 34~' N/p arM Address of Per mDleted C use of Death (Item 27) Type /Print 35. R n r 1 N - I ~='~ I ~ I al ~ I ' I 36 Dale ikd (Monthcay, yeaq i~-Z~D / ~G'D j b P ~ ~ ~~G~~v~ "G~ ~ / n'r/ y ~ ~/ ~ T/l o ~ c' ~ '~t:'1 -~ ~- ~ . ~ cn ~ ;,' ~ ~ r~ r-~'t ~ , r a 7 ~_ C? -~ LAST WILL AND TESTAMENT may;-~-, ..._ ~- , -'~ --j -- , BE IT REMEMBERED THAT =~~: =~ ~ ._ -, I, .1OSEPH H. KEMPER, a resident of Cumberland County, Pennsylvania~$eing of s ~und ~ ''~ , N and disposing mind, memory and understanding, do make, publish and declare this to be my LAST WILL and TESTAMENT, hereby revoking any and all Wills and Codicils previously made by me. I I declare that I am married to GLORIA B. KEMPER, and that I have three children, namely, DONALD LEROY KEMPER born April 25, 1951, LINDA K. GUTH born July 20, 1952 and ROBERT E. KEMPER born May 22, 1954. All references in this Will to my children include not only the above children, but any children hereafter born to or adopted by rne. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IV I give, devise and bequeath all my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment to my wife, GLORIA B. KEMPER provided that she survives me by thirty (30) days. V If my wife, GLORIA B. KEMPER shall predecease or fail to survive me by thirty (30) days, I give, devise and bequeath all of my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment, to my children, DONALD LEROY KEMPER, LINDA K. GUTH and ROBERT E. KEMPER and any other children I may have, in equal shares, per stirpes. If any of my grandchildren inherit property pursuant to the terms of this Will then it shall pass to them pursuant to the terms of the hereinafter included Trust. VI TRUST If any of my grandchildren who inherit property under the terms of this Will are under the age of twenty-five (25) years, I appoint my daughter, LINDA K. UUTH as Trustee of the property that I have given to my grandchildren. If LINDA K. GUTH is unable or unwilling to act as Trustee, then I appoint my son, DONALD LEROY KEMPER as Trustee. A. The assets that are transferred to the Trust shall be divided into approximately equal shares for each of the beneficiaries under the age of twenty-five (25) years.. B. The Trust estate shall be administered until each of the beneficiaries reaches the age of twenty-five (25) years. Until that time, the Trustee shall apply all net income and principal of the Trust estate as follows: 1) So long as my grandchild is under the age of twenty-:five (25) years of age, the net income of the Trust shall be paid to, or applied for the benefit of my grandchild at such times and in such amounts as the Trustee shall in his discretion deem necessary for his support, welfare, maintenance and education. Education shall be defined broadly to include not only that available in college, but also trade school and other similar training. In the event that the income shall be insufficient to provide my grandclild with adequate maintenance, support, welfare or education, the Trustee may invade the principal of this Trust for this purpose. 2) The Trustee in exercising his discretionary authority with respect to the payment of income or principal of the Trust Estate to my beneficiary, shall take into consideration any income or other resources available to my grandchild from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusiwe on all persons howsoever interested in the Trust. 3) The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. 4) In the event my grandchild predeceases me or dies prior to the termination of this Trust, the interest of my grandchild in the Trust shall cease, except that, if he is survived by any children, then the Trustee shall pay net income of the Trust to or apply the same for the benefits of such children of my deceased grandchild, in such amount or amounts as the Trustee in his sole discretion may determine for support, welfare and maintenance. C. When my grandchild reaches the age of twenty-five (25) years, a calculation of the property remaining in the Trust shall be made and the total thereof shall be distributed to him or her. 2 D. My grandchild, as beneficiary of this Trust, shall not 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 attaclunent, execution or other process of law. E. In order to carry out the purposes of this Trust established by this Will, 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 limitation specified elsewhere in this Will: l) To retain any property received by the Trust estate for as long as the Trustee considers it advisable. 2) To spend funds for the maintenance and repair of real property. 3) To sell at public or private sale, exchange or lease for a period of time, any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. The Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (5°io) percent of annual income. 7) To distribute property in kind. 8) To do all other acts that are in his judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. VII I nominate, constitute and appoint my wife, GLORIA B. KEMI'ER as Executrix of this LAST WILL, to serve without bond. If my wife is unable or unwilling to actin that capacity, then I nominate, constitute and appoint my daughter, LINDA K. GUTH as Executrix of this LAST WILL, to serve without bond. If LINDA K. GUTH is unable or unwilling to act in that capacity, then I 3 nominate, constitute and appoint my son, DONALD LEROY GUTH, as Executor of this LAST WILL, to serve without bond. IN WITNESS WHEREOF, I, JOSEPH H. KEMPER, have set my hand to this LAST WILL this 3 day of , 2002. ~.~ ~~ f JO~~PH~EM EY -R~ ~ ~~ ~ ~~ ~_ Signed, sealed, published and declared by the above-named JOSI=;PH H. KEMPER, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. P 4 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, JOSEPH H. KEMPER, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my LAST WILL; that I signed it as my free and voluntary act for the purposes therein expressed. i ,, ~~~ ~~~ ,r JOSEPH H. MPER ~ ~. ~, Sworn or affirme too an~acknowledged before me by JOSEPH H. KEMPER, Testator, this y~ day of ,~~j~~" "` G??~''2002. Not Public AFFIDAVIT Notarial Seal Anne Carmody, Notary Public Mechanicsburg Boro, Cumberland County COMMONWEALTH OF PENNSYLVANIA My commission Expires Expires Mar. 11, Zoos ss. COUNTY OF CUMBERLAND W e, l ~ . / ~~~r~?/, /~ and ~ (`~C O (~ .F~ - ~-1 Lt Z , E~'"~ , the witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his LAST WILL; that JOSEPH H. KEMPER signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge, the Testator was at the time 18 years of age or more, of sound mind and under no constraint or undue influence. Sworn or affirmed an this ,j ~ day o ~~ ~~ - Nota Public 5 Notarial Sael Anne Carrnody, Notary Public Mechanicsburg F3oro, Cumberland County My Commission Expires Expires Mar. 11, 2008 ~-