HomeMy WebLinkAbout09-22-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
~=~f! PETITION FOR PROBATE ~~ GLLS
aQE J,~..J~ RANT OF LETTERS
Estate of jE3EaxN Y. HERCHELROATH
a/k/a Deceased ESTATE NO: 21- ~ ~ - ~ ~~-'~-~'
a/k/a:
a/k/a:
SS NOS. _~ ~W -- ~ 5l - ~'i
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
~ A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary
the last Will of the above-named Decedent, dated 8/18/2006 under
and codicil(s) dated _
C7 _. a-1
T-,
-~ ~:
(State re]evant 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. '~ ution-bf th
instruments offered for probate; was not the victim of a killing, was never adjudicated an Inca acitated e'rsorl nd
e
P_ . _. z~ ~ not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been es#~ished as`defined in
23 Pa. C.S.A. § 3323(8): -
_w ~ -
^ B. Grant of Letters of Administration ~s `'' t~~~
-,-.
(If applicable, enter d.b.n., pendent late, durante absentia, durante -nlnoritate)
C. Petitioner(s), afrer a proper search, has/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 Will in Section A and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except ac fnlt....,~•
rtI15 SECTION MUST BE COMPLETED:
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At 316 Somerset Drive Shiremanstown Cumberland Count PA
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then .~E year-s of age, died_~`/~~3
Estimated value of decedent's property at death: (Month, Day, Year of death) (Crty azid State where death o carted)
_If domiciled in PA
_If not domiciled in PA All personal property $ _
_If not domiciled in PA Personal property in Pennsylvania ~ ~
Personal property in County $
_Value of Real Estate in Pennsylvania $
Total Estimated Value $ / v vt~~j
Location of Real Estate in Pennsylvania: (Provide full address ifpossible.) 316 Somerset Drive, Sh_ irerpanstown, PA 17011
Signature(s)
~} ~ ~ Name(s) & Mailing Address(es)
Charles R. Herchelroath, 5 Sunfire Ave., Camp Hill, PA 17011
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the
Page 1
OATH OF PERSONAL REPRESENTATIVE
Commonwealth of Pennsylvania ~ SS
County of Cumberland :
The Petitioner(s) herein named swear or affirm 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
?~.~~~`~
before me this ;~~ day of
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For the Register
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DECREE OF PROBATE AND GRANT OF LETTERS
i~~e J C; I 1 t
Estate of •Rf3fAiV Y, HERCHELROACH ,Deceased File Number: 21-___C1__ /(~~~1(~?
AND NOW, this ~.~~ i day of ~~l)~}~1~')~~~ ~ ,~ ~,~;/ ~ _~ ~ consideration of the Petition on
the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
x Testamentary _ of Administration _ are hereby granted to:
(If applicable, enter c.t.e., d.b.n., d.b.n.c.t.e., etc.)
CHARLES R. HERCHELROATH ~
the above estate and that instruments(s) dated s/18/zoos described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
FEES:
Codicil(s) .................
( )Short Certificates
(1) Renunciations....... 5.00
Bond ............................
Other ............................
.................................
Automation FEE......... 5.00
JCS FEE ................... 23.50
TOTAL ................ $
~L~_
Glenda Farner Strasbau
Register of Wills g ~ (~~~t~ ~l ;) ~~ l~t_ ~- ,~~
Signature of Counsel Required to Enter Ao~earance
Atty's Signature
~,
PRINTED Name: Linda ]. Olsen
Supreme Court ID No.: 92858
Address: Killian & Gephart LLP
P. O. Box 886 Harrisbur PA 17108-0'
Phone: 717-232-1851
FaX: 717-238-0592
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court
Page 2 of 2
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LOCAL REGISTRAR'S CERTIFIC~aTIC)N CIF DEA '~-I
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Hto5~ta3 REV nrzaofi COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
PERMANENT
BLACK INK CERTIFICATE OF DEATH
(See instructions and examples on reverse)
1 Name d DBredsall(First, middle, last. sunlx) STATE FILE NUMBER
2. Sex 3. Sa:ial Sewriry Number 4. Date of Death (MOnln, tlay, year)
ReJane Y. Herchelroath Female 186 - 24 - 8167 9/13/2011
5 Age (Last Birthday) Under t year Under t day 6. Date of Binh (Month, tlay, year) 7. BinhpNce (City antl dale or loregn mumry) 6a. Place of Deam (Check only one)
M°^aw Dan Heal .M:,,nes
86 yrs 2/24/1925 Hosp4a1 °'ner:
60. Coon f Death France ®Inpalienl ^ ER / Outpatient ^ OOA ^ Nursing Home ^ Residence ^Other - Speciry
ry ° &Ciry, Bom. Twp. of Death Bo. Facility Name (II ml insmurim, give street aria number)
9. Was Decedent of Hispanic Origin? ~ No ^ Yes 10. Race: American Intlan, Blade, While. etc
Dauphin Harrisburg Communit General Hospital ntres.specirycaban, IspadM
1 t. Deceded's Usual non qrq of work done dud most d IIN. 0o rot state retired t 2. Was Decedent ever n the t3. Decedents EtluCalion Mexican, Puerto Rican, etc.) ~llte
Kira d Work KiM o1 BIISkle55 /Industry U.S. Armed Forces? (~°dY only ht9nesr grade wmpNted) 1/. MedNl $IaNS: Mertied, Never Married, 15. Surviving Spouse (If woe, give maiden name)
Accounting Bank pp~~ Elamemary r secondary lo-tz) 2 cnuege (I-0 °~ s«) wmowed. Divorced tsoecr~
^Ves p/NO Wi,]..W..a
16. DecetlenYS Meiling Address (Street, city I lam, state, zip cWe) DecedenYS uuVV CCIUi
316 Somerset Dr Anual Residene na stale Pp, Did oecedem
Live in a 17c Yes, Decedent Lived in Tt 3waT" A1_len
Shiremanstown, PA 17011. Townsnip? Twp
I7b. county Ctunberland 17d. No, Decedent owed wimin
I B. FaMer's Name (F 1, midde, last sufix) Acluel Limits of City I Born
Alfred Is. Mdher's Nama (First, midge maiden surname)
Caron Germaine Frisou
zoo. Informant:None (type / Print)
20b. InlomlaM's Mailing Address (Sneer. °eY I lawn, state, zip wde)
Charles R. Herchelroath 5 Surefire Ave. Camp Hill, PA 17011
2ta. Memod of Disposilfon ^ Cremaran ^ ponaran 2tb. Date of
Burial ^ Removal from Slate Disposition (Monet, tlay, year) 21 c. Place of Disposidpn (Name d cemeNry, crematory a other place) 2t d. Locerbn (Ciry /town, slate, zip code)
• ^ Omer - $pe°iry- t i Wag Cremation a Donation Aumorized
sr calExaminerlCoroner? ^yes^Na 9/19/2011 Gate of Heaven Cemetery Mechanicsbur
_ ~ zza signawre d -la ing a zzb ucenea Number zx. Name aru address d Facility PA 17055
` - Neill Funeral Hc[ne, Inc
cottpleren FD 13239 34 1 k 1 1
onhy cennyleg 238. To the nest of my knowledge, tleam occurretl at me lime. dale and place slated (Signaure and ens)
physipan - aveilebk ar time o/ death l0 23b. License Number
use d roam. 23c. Date Signed (Monet, daV. Year)
Hems 24$6 must ce cortlnleletl by parson 26. Tune of Death ~~ ~ ~~ 25. Date PronourKetl peal (Monet, tlay, Year)
who announces deem C z f 2fi Was Case Refe ed ro Medical Exam tier /Coroner for a Reason Other Than Crematon or Donation?
M J ~' fY\Y~i-:~ ~ .J Zl 1 ~ ^Yes ~No
Item 27. Pan I: Enter the CAUSE OF DEATH (Sea l cauructions and examples) r Approxmate interval: Pan 11: E ter Omer sN T r d7 <
dt319 of ev is diseases, injuries, a pomplicalpns tllar d ec1Yy sad the deem. W NOT enter lertninal events such as GrtlNC arrest. tn"~-b°91~h 28. Did T°baCm Use Contribute to Deam?
respiatory sl, or vend la fibdlNipn wnhoul showkg me et ology Llst any one cause on each line. Ousel to Deam but roc resdUg in me uMenyirg cause g'IVen in P n 1. ^Ves ^ P obaby
IMMEDIATE CAUSE (F-vlal disease w ~ ~~ ~ ~ ^ N° ®Unknown
caNnun rewnirlg n deem) ~ E. PT ~ G S~
-' a n I 29. If Female:
Sequennalry INl wrxenons, n any. p D e t (0~l Q.$ P I QtG} i'b 0.Y ~ K I L V.t ~ ~ Not pregnant wimin past year
Nailing to ttee cause Nsled on line a. - ^ Pregnant at rime of deem
Enlx the UNDEgLYING CAUSE Der (or as a c sego of
Id~ase or jury foal indNled me ^ Nat pregnant, nut Dregnanl wahin 42 da
v M resuiAng .n deem) uST. _ M ~~ C~o 0 1; < A e I p o s is ys
° D t ( sea xe o0 0l deem
a.
^ Nd pregnant, but pregnant d3 Uays to I year
l before seam
' 30a. Was an Aul°pry 30n. Were Autopsy Fintlirgb 31. Manner of Deam 32a. Ogre of Injury (Monet, day. year) 32b. Describe How Injury Occurted ^ Unknown a pregrlanl mmin tlra past year
Pertomxid? AvaiNbk Prxx m CampNrion ffic. Place d Injury'. Hanle, Fartn, $IreeL Fadary.
of Cause of Deam? ®NaWral ^ Homicide Ofllce Building. etc (Specify)
^ Yes ~ No ^ yes ^ No ^ Accident ^ PeMing Imesligadon 32tl. T e of Inury 32e. Injury ar Work? 321. n 7rensportation Injury ISpecriy) 32g. Lotarion of Injury (Slreei, city /town, stale)
^ Sukide ^ Could Not be Determinetl ^Ves ^ No ^ Driver /Operator ^ Passenger ^petlestrian
33a. CerMler (deeck Doty one) M. ^ Otter - $pecAy
33b. Signature arc) Title i '
CMitying physidan (Physician certifying rouse or death when anomer physician has prorauncea death and completed Item 23)
To the best of my knowledge, dpN oceuned due to me cause(s) aria manner as state) _ _ _ _ _ _ _ _ _ _ T
• Wanouncing aM certiryhrg plrysician (Physldan born pronourcag death and ceniryittg to cause ddeath) - - - - - - - - - - - - - - - - - - - - - - F•I ~~' V
Tome best d my krowledge, death occurred al the Hme, date, and place, and due to the causela) and manner as sMted_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ~C' ~°~ Num[er 33tl. Date Signed (Monet, da ,
• Medical Examiner / ~wtworler e p y ypear)
On the basis of era ' ration aria / or invastigatlpn, in my opinion, death occurred al me rime, dale, and plow, aM due b the reuse(s) aM manner as eta O S O I ~~ ~ ~ ~ ~+ T E M R ~j1 / 6 Zo / )
te1 ^ 34. Name aM AddDr~ss d Person W!q C°mpleled Cause d Deam (Item 27J Type /Prior
35. Regiysar' - lure antl DsVid Nu ~ 36 Date filed (Monet, day, Yaar) A N KJ 1 ¢Qfly~~
- LU f I ~I~ I 1 ICI ~ •~~~ ~` N
Disposbion Permit No. G / ~ \ ~ O (J
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COI)IV'TY, PENNSYLVANIA
.~~ I - 11-` I ~~~? (~
Estate of REJANE Y. HERCHELROATH
Deceased
I, MARK A. HERCHELROATH in my capacity/relationship as
(PrhrrlVo>Ar)
son and named Co-Executor of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
CHARLES R HERCHELROATH
SeptembeI ! / , 2011 ~~~--a~
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8308 Jordan Vallev Wav
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J~sxecuted iu Rt*gister's O,~e
Sworn to or affirmed and subscribed
before me this ~y
of
Deputy for Register of Wills
FonnRW-06 rev.IQ13.06
Frederick, MD 21702
f~M: srar~ zrpl
Executed out of Register's Offuae
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunc tigqn for the
purposes ted within on this % f` aay
of ?~ tt
`~~ /_
NM c _ _
y Commission Expires: / z ~/~~r
(Sigoatune and seal of Notary or other official ywlified /to
admims0er oatla:. Show date ofetpuation of Nofays Cow.)
NOTARIAL SEAL
KEVIN PAPULA
Notary Public
HAMPDEN TWP., CUMBERLAND COUNTY
My Commission Expires Jan 28, 2014
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LAST WILL AND TESTAMENT --?~~~ _ _ -.=;
_~ __-., .. ~ ~, C~
REJANE Y. HERCHELROATH
I, REJANE Y. HERCHELROATH, of 316 Somerset Drive,
Shiremanstown, Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby make, publish
and declare this to be my Last Will and Testament, hereby revoking
all other Wills and Codicils previously made by me.
ITEM I: I direct that payment of all my just debts,
expenses of my last illness, funeral expenses, and the costs of
administering my estate from my estate as soon after my death as
conveniently may be done.
ITEM II. I give, devise and bequeath all of the rest,
residue and remainder of my estate, of every nature and wherever
situate, together with all insurance policies thereon, as follows:
A. To Mark A. Herchelroath, my son, the following: RCA
television, my VCR, plaid living room -suite, dining room suite,
maple dinette suite, blue big light now in bedroom, white standing
marble doll, snow blower, self propelled power mower, French floor
lamp now in living room and leaf blower.
B. To Mark E. Sather, my grandson, my silver flatware.
C. All the rest, residue and remainder of my property to go
equally to Charles R. Herchelroath and Mark A. Herchelroath, my two
1
sons, absolutely, share and share alike; in the event either of my
said sons predeceases me or dies within ninety (90) days of my
death, then his share to go equally to his children then living,
per stirpes and not per capita, otherwise to the survivor of my two
said sons.
ITEM III: The share of any beneficiary under twenty-five
(25) years of age to be placed in a savings account and/or mutual
stock fund as selected by my Executor without liability as to the
success or failure of said stock fund, earmarked that funds cannot
be withdrawn until the beneficiary attains the age of twenty-five
years or is needed for educational purposes as determined by Order
of Court.
ITEM IV: I direct that any and all taxes that may be
assessed in consegL
estate and transfer
Will or otherwise,
residuary estate as
my estate.
ITEM V:
ence of my death, including all inheritance,
taxes imposed upon my estate passing under my
shall be paid out of the principal of my
a part of the expense of the administration of
I authorize and empower my personal
representative to compromise, adjust, release and discharge in such
manner as my personal representative may deem proper, all debts and
claims owed by or to me or my Estate; to sell, lease or exchange at
public or private sale or in such manner, at such prices, and upon
such terms of credit or otherwise, as my personal representative
may deem proper, all or any part of my property, real or personal;
2
to execute, acknowledge and deliver instruments of conveyance,
including deeds in fee simple; to borrow money for the purpose of
paying estate, inheritance or other taxes which are required to be
paid and to secure any such loans by pledge or mortgage of all or
any part of my property and to execute the necessary instruments to
carry out such powers; to distribute my estate in kind or partly in
money or partly in kind, and to determine the fair value at which
any property so distributed in kind shall be received by the
distributees; to conduct any business in which I have an interest
at the time of my death, for such period as my personal
representative may deem proper, power to borrow money and pledge
assets of the business and the power to do all other acts that I,
in my lifetime, could have done, to delegate such power to any
partner, manager or employee without liability for any loss
occurring therein and to organize a corporation to carry on said
business as capital to such corporation and accept stock in the
corporation in lieu thereof and hold such stock for the uses of
this my Will, and to vote said stock or sell the same as to my
personal representative may seem best; to retain all stocks,
assets, bonds and investments owned by me without being confined to
what is known as legal investments; to execute any options to
purchase, to apply for stocks, bonds or other investments, to
purchase or otherwise acquire real estate and to execute the same
powers thereover as hereinbefore provided, to retain indefinitely
any part of my assets, real or personal, which is or may become
3
unproductive or to make sale thereof; to pay carrying charges and
expenses of the property out of other principal or income of my
estate; to invest and reinvest in all forms of property without
restriction to investments authorized for Pennsylvania fiduciaries,
as my personal representative deems proper, without regard to the
principle of diversification or risk; to exercise any law-given
option to treat administrative expenses either as income tax or as
estate deductions, without regard to whether the expenses were paid
from principal or income. The powers herein conferred shall be to
my named personal representative and all successors thereto and
shall be in addition and not in limitation of other powers
conferred on said fiduciary.
Any and all payment or payments of any sum or sums, whether in
cash or in kind and whether for principal or income payable to any
beneficiary shall be made upon the sole receipt of the respective
beneficiary to whom the payment is made and free from anticipation,
alienation, assignment, attachment, and pledge and free from
control by the creditors of any such beneficiary.
ITEM VI: All shares of principal and income hereby given
shall be free from anticipation, assignment, pledge or obligation
of the beneficiaries and any of them and shall not be subject to
any execution or attachment, levy or sequestration or other claims
of the creditors of said beneficiaries or any of them.
4
ITEM VII: I nominate, constitute and appoint my
sons, CHARLES R. HERCHELROATH and MARK A. HERCHELROATH, as the sole
Executors of this my Last Will and Testament, to serve without
bond.
IN WITNESS WHEREOF, I, REJANE Y. HERCHELROATH, have, to this
~~
my Last Will and Testament, set my hand this ~$ day of
,~ wc.~~,,.,f~ 2 0 0 6 .
" U»f~+ ~„{•~,, ( SEAL )
R JANE Y. HERCHELROATH
Signed, sealed, published and declared by REJANE Y.
HERCHELROATH, the above named Testatrix on the day of
2006, as for her Last Will and Testament, in
the presence of us, who, in her presence, and in the presence of
each other, have, at her request, subscribed our names as witnesses
hereto.
~` ~ ~ r~
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Name
residing at u-1i ~Q ~ l
residing at.~ ~`~~ -
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK SS
WE, the undersigned, the Testatrix and the witnesses,
respectively, whose names are signed to the foregoing instrument,
being first duly sworn and qualified according to law, do hereby
declare to the undersigned authority that we were present and saw
the Testatrix sign and execute the instrument as her Will, and that
she had signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed, and that each of
the witnesses, in the presence and hearing of the Testatrix, signed
the Will as witnesses and that to the best of their knowledge, the
Testatrix was at that time eighteen years of age or older, of
sound mind and under no constrain or undue influence, and I, the
said Testatrix, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament, that I signed it
willingly, and that I signed it as my free and voluntary act for
the purposes therein expressed.
5
~~'~ , ~ .
Te~tatrix,~ RE ANE Y. HERCHELROATH
~~ ~
Witness
Witness
`_i
Sworn to and subscribed befo e
me this r1 day of ~~~_~ rt,5
20 0 ~
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Notary Public
My Commission Expires:
~; PCNNSYLVANIA
,. ;~:.,-,; Seal
~w,tary Public
.~:: ,,~~ CouMY 2009
"~ _.,~~ol~~n nt Notaries
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Robert E. Myers, Notary Public
Fairview Twp., York County
My Commission Expires Jan.19, 2009
Member, Pennsylvania Association of Notaries