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Home My WebLink About12-31-09 (3)PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Lester J. H@s8 also known as COUNTY, PENNSYLVANIA File Number 21--Qq~ / ~-I S Deceased Social Secudry Number 166-24-3197 Barbara A. Hanna and Steven M. Hess Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or'B' BELOW:) ~X A Probate and Grant of Letters Testamentary and aver that PetiBoner(s) is/are tha EX@CUtOrB named in the last W III of the Decedent, dated 02/20/2009 and codicil(s) dated State relevant cicumstancea, e.g., renurrcien'on, tleeth of esecufor, efc. Except as follows, Decedent did not many, was not divorced, and did not have a child bom 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 AdminisVatlon e, en c..e.; ..n.c..a.; ne e; ure a n urenem a 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: (N 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 n °~ '77 O ri. '-: ~~ i ~ ~ ~.ri i.,:i ".- 7 `~ . v OO S °n .-'i (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. D _ ,`?ay.~:.i Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last pdncipal residence at ~ ' r~ 1335 Lambs Gap Road, Mechanicsburg, Hampden Township, Cumberland, PA 17050 (List street address, rown/city, townsh/p, county, state, ap code) Holy Spirit Hospital, East Pennsboro Township, Cumberland County, Decedent, then $0 years of age, died on 11/30/2009 at Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: None All personal property Personal properly in Pennsylvania Personal property in County 50,000.00 W harefore, Petitioner(s) respecdully request(s) the probate of the last W ill and Codicil(s) presented wiM this Petition and the grant of Letters in the appropdate form to the untlersigned: Signature Typed or printed name and residence Mechanicsburg, PA 17050 ~~ r~\I I aceven m. ness isaa v.amos asap noac \ I,\\`T/^~/)~J Mechanicsburg, PA 17050 Copyright (c) 2008 form softv+are only The Lackner Gmup, Inc. 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. Swom to or affirmed and subscribed before me this ~ day of ~:~a/j s.z, Zook e n~ •Ql L/i.. 'rl~iii ~ For the Register Signafare oiPersonal Representative File Number: 21-~9. ~Z~S Estate of Lester J. Hess Social Secudty Number: 186-243197 Date of Death: 11/30/2009 Deceased AND NOW, „S ~ / ~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before m , IT IS DECREED that Letters Testamentary are Hereby granted to Barbara A. Hanna and Steven M. Hess in the above estate and that the instrument(s) dated 0 212 0/2 0 0 9 descdbed in the Petition be admitted to probate and f led of record as the last Will (and Codicil(s)) of Decedent. FEES '~~~~/~ ' Loners ............................................ $ (~.Ob ~~ Short Certificate(s) ........................ $ ~., tlO Renunciation(s) ............................. $ ~ Attorney Signature: $ /,~ Oa Attorney Name: n~S $ 23.s~ $ Address: $ $ $ Telephone: Supreme Court I.D. No.: ~dfe~ttnr, $ S ~-o James D. Bog 19475 Boger & Hipp Law Offices One West Main Street Shiremanstown, PA 17011 717-737-8781 $ 1~~.~ Form RW-02 Rev. f0-f&2006 Copyright (c) 2009 farm software only The Lackner Gmup, Inc. Page 2 of 2 2/-d `~- ~ zis OATH OF SUBSCRIBING WITNESS(ES~ ~_ o .T ;~~~ o ~ , ~~~ ~ { 4 ~~ REGISTER OF WILLS ~ ca aa~_~ r' ~ ~~' CUMBERLAND COUNTY, PENNSYLVANIA;-~~p~ a ~ c o = _= T ~ ~ '~ C.11 1 Estate of Lester J. Hess ,Deceased James D. Bogar and Diane M. Montgomery , (each) a subscribing witness to (Print Names) the ®Will ®Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. One West Main (Street Address) Shiremanstown, PA 17011 (City, Stare, Zip) Executed in Register's Offtce Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills r~ (signature) Diane M. Montgnn One West Main Street (Sheer Address) Shiremanstown, PA 17011 (City, Stale, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of Cem 1~r , ~2, Notary Public (/ My Commission Expires: I a' ~ ~L./ (Signature and Seal of No[ary or other official quali ted [o administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present [he original or copy of instmmrnt(s) at time of no[arizafion. asfh Form RW-03 rev. 10.13.06 HIDSk05 RAV 191Ip7? ~~-69 -/iis 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 16030029 Cer[iHcation Number This is to certify [hat the information here given is correctly espied from an original Certificate of Death duly filed with me as Local Registraz. 'The original certificate will be forwarded to the Slate Vital Records Office for penman nt filing. !~/a /d4 ~:~.~; r Local Registrar Date Issued x,mn~ x~ ~ a COMMONWPJILTN OF PEIa19YLVA1aa • DEPM7YENT OF XEAL7M • VR~L flECOpDa e,,PO'~ "w CEgTIflCATE OF DEATH ISw VlWlxcasxxs faxaafslpMS on rswrr) e.a n tO ~i3 4 .G mil .= c!~ j~ W ~~ ~ 'r ~) ~ ~ a _. ~ .,.T_ -' . ~ W rn Eli T BT.TE Fl£ MYBFA Twamarxpaa,dxaaWN,) Y.Y SWeada rfaa arrna W,rar 4.M Leatar J. H®ss Male 788 _ 24 _3787 NovemMr 30, 2009 E p,fwfawx I I ta.a T. r a ear mA xr. lane. 7929 Machanlcsburp, Pa. MpIY Q01 APr112 ~ , rn. f3 ^rnl ^oa ^ xba ^snran ^ar~ r xa,lVam.e rt4.faa i.Y amnn rfabxbserla+anMrr Waanal nrr seYUxaevrE Ulaxn ^ rr weir Yrxe.eei.faa,wWn. 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LAST WILL AND TESTAMENT ~ p -_o -~ ~; d OF n-~ n ~ _~~r-- LESTER J. HESS ~'~` i cjC~ ~' ' 1 t0 I, LESTER J. HESS, of Mechanicsburg, Cumberland Count Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I give and bequeath my gun collection, in equal shares, to my sons, STEVEN M. HESS and GARY L. HESS, or the survivor as between the two of them. SECOND: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, LINDA J. BENEDETTO, BARBARA A. HANNA, SUSAN C. CARDENAS, STEVEN M. HESS and GARY L. HESS, provided that should any of my children predecease me, I give and bequeath such child's share unto his or her issue per stirpes by representation, and if there be a failure of same, then give and ~equeath such deceased child's share, in equal shares, to my surviving children as provided herein. THIRD: Should any of my grandchildren not have at- tained the age of twenty-two (22) years at the time for dis- tribution to him or her, I give, devise and bequeath the share of each such grandchild to my hereinafter named Trustee or Trustees, IN SEPARATE TRUSTS, to hold, manage, invest and reinvest the shares so received, and to use and apply from time to time such portion of income and principal for the said grandchild's education (including college, trade school or other similar training or education), as my Trustee or Trustees, in their sole discretion, deem advisable. The Trustee or Trustees, in exercis- ~~ -:-, ~ ., ~~,.:-~ a ~,.~, r!'i i i ~. ~_~ c.C> __ -_i T i,> n ~i ing their discretionary authority with respect to the payment of income or principal of the within Trust to my grandchildren, shall take into consideration any income or other resources available to my grandchildren from sources outside this Trust. Any income or principal not so applied shall be dis- tributed to each grandchild when he or she attains the age of twenty-two (22) years. In the event any of my grandchildren die prior to the termination of this Trust established herein for their benefit, the interest of said grandchild in said Trust shall cease with any income and principal being divided evenly between or among that deceased grandchild's brothers or sisters or the separate Trusts established hereunder for their benefit and, in the absence of any brothers or sisters, or any Trusts established hereunder for their benefit, to my other grandchil- dren, or the Trusts established hereunder for their benefit, in equal shares. FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual ,distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. 2 (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise 'any other rights which they may have under the plan, in whatever manner they consider advisable. FIFTH: I nominate and appoint my daughter, LINDA J. BENEDETTO, as Trustee of the hereinabove described trusts. In the event of the death, resignation or inability to serve for any reason whatsoever of the said LINDA J. BENEDETTO, I nominate and appoint my son, STEVEN M. HESS, as Trustee of the hereinabove described trusts. In the further event of the death, resignation or inability to serve for any reason whatsoever of the said LINDA 3 J. BENEDETTO and STEVEN M. HESS, I nominate and appoint my daughter, BARBARA A. HANNA, as Trustee of the hereinabove described trusts. In the further event of the death, resignation or inability to serve for any reason whatsoever of the said LINDA J. BENEDETTO, STEVEN M. HESS and BARBARA A. HANNA, I nominate and appoint my son, GARY L. HESS, as Trustee of the hereinabove described trusts. I direct that my Trustee shall serve without bond and shall receive fair and reasonable compensation. SIXTH: I direct that all inheritance, estate, trans- fer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SEVENTH: I nominate and appoint my children, BARBARA A. HANNA and STEVEN M. HESS, or the survivor as between the two of them, Co-Executors of this, my Last Will and Testament. I direct that my Co-Executors, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdic- tion. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this a~day of ~j~~ 2009. ~ .. (SEAL) LESTER HESS 4 Signed, sealed, published and declared by the above- named Testator as and for his Last Will and Testament in our presence, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Address Address 5