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HomeMy WebLinkAbout12-27-10PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of Robert K. Hess File No. ~ r ~ (C1 ' 1 ~ ~ ~ _ also known as Late of: Mechanicsburg, Cumberland County ,Dec Petitioners, who are 18 years of age or older apply for: COMPLETE `A' OR `B' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioners are the executors named in the Last Will of the Decedent, dated November 14, 2002 and codicil(s) dated none none (State relevant circumstances, e.g., renunciation, death of executor, etc.) ^ B. Grant of Letters of Administration (If applicable, enter c. t. a., d.b.n.c.t.a.: pendente liter durante absentia; durante minoritate) Petitioners after a proper search 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 Wilt in Section A above and compete list of heirs. Name Relationship Residence ~ (COMPLETE IN ALL CASES:) Attach additionat sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 222 Messiah Circle Mechanicsbur¢ PA 17055 ~``~,:i ~'.~..~J T ~~ ~~ ~ •~, ;~ N ~C13~ ''J ~? ~ ~ "O (list street, number and municipality) ~-J ~-- Decedent, then 85 years of age, died on December 11, 2010, at 222 Messiah Circle Mechanicsburg PA 19507 =.., ~ ~:''? ~ ~ Except as follows, Decedent did not marry or divorce; did not have a child born or adopted after execution of the documents offered fdr°-+ probate; was not the victim of a killing; was never adjudicated incapacitated; and was not a party to a pending divorce proceeding at the time of death wherein the grounds for divorce has been established as provided in 23 Pa.C.S. §3323(g): None ~~ ~, (~/) 4~,': ~~ Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $_ 105,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $_ 105,000.00 situated as follows: None 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 aL___~~_~____.1. ••. Signature Typed or printed name and residence ~i" 4,~1 Betty J. Sollenberger, 856 Kirkwood Pike, Quanryville, PA 17566 ' ~., Richard D. Hess, 862 Kirkwood Pike, Quarryville, PA 17566 Form RW-02 rev. 10.13.06 Page 1 of 2 r - i Oath of Personal Representative Commonwealth of Pennsylvania SS County of The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. Sworn to and affirmed and subscribed .~~~~ before me this "~`` day of C~~v ~C~ _, 20 ~ D ',`~, f. Signature of ~r~l Representative ( J --a ~' Signature of Personal Representative Signature of Personal Representative Number: Ot ~ ~ ~ l- ~ ~ ~ ~ ~ l~' Estate of Robert K. Hess Social Security No.: 222-12-8015 Date of Death December 1 1, 2010 AND NOW, ~ a" ~ ~ ~ , in consideration of the foregoing Petition, having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Betty J Sollenberger and Richard D. Hess in the above estate and that the instrument dated November 14.2002 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. rr~ FEES t ~ Letters .................. ... $ ~ ~ ~ ~ egister of ills ~ Short Certificate(s) ........ ~... $ ~ Attorney Signature Renunciation ................... $ - - -- - -- W-~l1' $ , o $ ~ $ ~ -- Deceased Attorney Name Gary J. Heim Supreme Court I.D. No.: 32774 Address: 1700 Bent Creek Boulevard TOTAL .................. $ ~ Telephone: 19867v1 Form RW-02 rev. 10.13.06 P. O. Box 659 Mechanicsburg, PA 17055-0659 717-620-2440 Page 2 of 2 ~l-r(~ - l~/~L' L t T~~"i r~~ Test~~~e~t ~s ~~, ~:} ~, t, ~~~ Robert K. Hess ~;~~ -~ `~~=~ {= ~~, = M f • ~~ I, ROBERT K. HESS, of Quarryville, Lancaster County, and Commonwealt of Pennsylvania, make this my Last Will and revoke any and ail of my prior Wills. ARTICLE I. PAYMENT OF DEBTS AND FUNERAL EXPENSES. I direct my Executor to pay all my just debts and funeral expenses from my estate. ARTICLE II. TRANSFER OF PERSONAL AND HOUSEHOLD ITEMS. My automobiles, clothing, jewelry, books, pictures, furniture, furnishings, and other personal or household items shall be transferred according to a list which I intend to attach to this Will. If there is no list, or to the extent that any such items are not included on the list, then such personal and household items shall be paid over and transferred to my children according to their own arrangements. If they cannot agree or arrange for a division in a friendly way, then my Executor may distribute or dispose of those items in any way he deems to be fair, including private sales or a public sale. If any minor becomes entitled to any items under this Article, those items may be delivered to the minor whenever my Executor decides, provided that the transfer shall take place not later than the date when the minor reaches the age of twenty-one (21) years. ARTICLE III. RESIDUE AND REMAINDER. All the remainder of the property that I may own or that I may be entitled to dispose of or to appoint at the time of my death shall be divided into hess robert will 11/14/02 #304291 two equal shares. I give, devise, bequeath, and appoint one (1) equal share to each of my children. Any reference to my "child" or "children" shall refer to Betty J. Sollenberger and Richard D. Hess. Any reference to the masculine in my Will as it relates to my child or children shall also include the feminine wherever necessary. In the event that any child fails to survive me and leaves issue, then I give, devise, and bequeath that deceased child's share in equal parts to the issue of that deceased child, per stirpes. The share of any such issue under the age of twenty-one (21) years shall be paid over and transferred to a Trustee, IN TRUST, NEVERTHELESS, for such issue and that trust shall be administered as a separate trust for that issue according to the terms of Article IV below. In the event that any child fails to survive me and leaves no issue, then I give, devise, and bequeath that deceased child's share in equal shares to my other child(ren), per stirpes. ARTICLE IV. TERMS OF TRUST FOR DECEASED CHILD'S ISSUE. The share of any issue of a deceased child shall be paid over and transferred to a Trustee, IN TRUST, NEVERTHELESS, for such issue if such issue is under the age of twenty-one (21) years at the time a distribution is to be made to such issue. The share of each such issue under the age of twenty-one (21) years shall be administered as a separate trust for such issue according to the following terms and provisions. The Trustee shall pay over or use, apply, and expend income or principal or both for such issue in such amounts as the Trustee, in his sole discretion, shall deem advisable in order to provide health, support, maintenance, and education for such issue. At the time when such issue attains the age of twenty-one (21) years, that issue shall have the 2 • , right to withdraw all the accumulated income and the entire remaining principal, and the separate trust for such issue shall then terminate. Should the principal of any such trust become too small, in the Trustee's sole discretion, so as to make the continuance of the trust inadvisable, the Trustee may terminate the trust and make immediate distribution of the then remaining principal and any accumulated income or undistributed income outright to such issue, and the rights of any other potential beneficiaries of such trust shall automatically cease and determine. The Trustee of each such trust for the issue of a deceased child of mine shall be appointed by the court that has jurisdiction of this type of matter at that time. ARTICLE V. APPOINTMENT OF EXECUTOR. I appoint my children, Betty J. Sollenberger and Richard D. Hess, to be Executors of this my Last Will. Any reference to "Executor" in my Will shall be deemed and taken to include each and every person or party named or appointed to serve as the personal representative of my estate, whether there is one or more than one. Also, any reference to the masculine in my Will as it relates to my Executor shall also include the feminine and the neuter wherever necessary. In the event that a co-executor is unable or unwilling to act or to continue to act in said office, then the other(s) may serve or continue to serve without the need for the appointment of another co-executor. Also, in the event that co-fiduciaries have been named for one or more of the fiduciary positions above, then a decision of the said fiduciary shall be made by a simple majority of the co-fiduciaries. ARTICLE VI. WAIVER OF BOND. To the extent that such requirements can legally be waived, I direct that no Executor named in my Will or any persons succeeding in that office, whether in 3 the Commonwealth of Pennsylvania or elsewhere, shall ever be required to post any bond or give any security in connection with his duties. ARTICLE VII. EXECUTOR'S POWERS. In addition to powers given him by law and by other provisions of my Will, my Executor shall have the following powers, applicable to all property held by him, and these powers shall be effective without court order and until actual distribution: A. To sell at public or private sale, mortgage, exchange, transfer, or 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 or conditions as he deems proper. No purchaser shall be held liable to see to the application of any purchase money; B. To retain any and all of the assets of my estate, real or personal, in the sole discretion of my Executor, without being restricted to investments authorized for Pennsylvania fiduciaries and without regard to any principle of diversification or risk; C. To delegate discretionary powers to agents, remunerate them, and pay their expenses; D. To collect rents and other proceeds from real estate, paying all carrying charges and making such repairs as he may deem proper, all without the necessity of obtaining leave of any court; E. To carry on any business owned or controlled by me at the time of my death for whatever period of time he shall think proper, with full powers in the property, including the power to borrow and to pledge assets contained in my estate as security for said borrowings; F. To exercise any rights or elections to pay death taxes in installments and to make interest payments on such installments as a charge against the principal of my estate; G. To disclaim on my behalf any interest as my Executor deems advisable. 4 All the foregoing powers, together with those granted by law to executors, may be exercised by the Executor named in my Will and by all persons succeeding in said office, including administrators with Will annexed. ARTICLE VIII. APPORTIONMENT OF TAXES. All taxes payable by reason of my death, together with any penalties thereon, shall be paid out of my residuary estate, without reimbursement from or apportionment among the beneficiaries, recipients, or owners of such property for any such taxes, penalties, or interest. IN WITNESS WHEREOF, I, Robert K. Hess, the Testator, have to this my Last Will, typewritten on five (5) sheets of paper (including the witnesses' signatures), of which this is Sheet No. 5, set my hand and seal this ~~ day of ©V'z° y1 0 '~ , 20GjZ~ 7 (SEAL) Robert K. Hess SIGNED, SEALED, PUBLISHED, AND DECLARED, by Robert K. Hess as and for his Last Will, 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 this / ~ day of ~~~1,~-~rn bar- , 20 ~~: ~ ADDRESS r r IS ~ U ~` Witne Town an tate `~, ' ADDRESS ~~~?~-~ P'rT Witness Town and State 4 ~ ADDRESS I~ , W~ Hess Town a d State 5 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ,~ /¢(,JPf~ / /~ The Testator, Robert K. Hess, whose name is signed to the foregoing instrument and the witnesses whose names are signed to the foregoing instrument, being duty qualified according to law, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses, in the hearing and presence of the Testator, signed the Will as a witness; and that to the best of their knowledge and belief the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~~~ (SEAL) Rob rt K. Hess ~--- (SEAL) Witness ~~ (SEAL} Witness (SEAL) fitness Subscribed, sworn to and acknowledged before me by Robert K. Hess, the Testator, and ubscribed and sworn to before me by -~ _ ~' Gil t~YllC ~~ ~~~ ,and ,~ I~-• i~ -/'~ , the witnesses, this ~h day of ~ 6;,,c.--- ~.,-- , 20 ~ ~ . ~~~1 r''1 ~,~-- (Notary Public) Notarial Seal Melisa M. Lucas, Notary Public City of Harrisburg, Dauphin County My Commission Expires Oct. 13, 2003 Member, PennsyNaniaAssocyationotNotaries :304291 1