HomeMy WebLinkAbout12-18-14 PETITION FOR GRANT OF LETTERS .
REGISTER OF WILLS OF C u m b e r 1 a n d COLJNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information nI f �jr
Name: J o s e p h H . R o 11 e r _ _ File No: �I � �L1 �� �,'� �
��a: _ (Assigned by Register)
a/k/a: - --- —
a/lc/a: _ __ Social Security No:
Date of Aeath: 1 L�12/2 014 _ Age at death: 8 9
Decedent was domiciled at death in �u m b e r 1 a n d County, P e n n s y 1 v a n i a (State) with his/her last
principal residence at 1710 Locust St 17�70 New Cumberland Borot�gh Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1700 f1arket St ],70],1 Camp Hi 11 Cumberland PA
Street address,Post Office and Zip Code City,Township ar Borough County State
Estimate of value of decedent's property at death:
!f domici[ed in Pennsylvania................................All personal property $ 5��0�� • ��
/f not domici[ed in Pennsylvania.............................Personal property in Pennsylvania $
/f not domici[ed in Pennsylvania.............................Personal property in County $
Value of rea!estate in Pennsy[vania.............................................................. $
TOTAL ESTIMATED VALUE.... $ Jr O�O O O . O O
Real estate in Pennsylvania situated at:
(A�lach addilional shee[s,iJnecessary.J 5treet address,Post OTfice and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 12/13/2�11 and Codicil(s)
thereto dated —._
s ouse, Emma U • Roller, died on 1/5/2014
State relevant circumstances(e.g.renunciation,deaUi ofexecutor,etc.)
Except as fotlows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a kiliing nor ever adjudicated an incapacitated person.
� NO EXCEPTIONS ❑ EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration(If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.Ga. or d.b.n.c.t.a., enter date of Will in Section A above and comnlete list of heirs.
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Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had�iejen establishe�defirt� rn
in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. � � � � Q
❑ NO EXCEPTIONS ❑EXCEPTIONS W -o �-_�� �
rn � c'> ._..fi c:a
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followin�pqerse�if any�heitss'�a��h
additiona!sheets, if necessary): �,,,> '^ �-r�
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Name Relationship Ad��ess� � � � '�
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{�orm RW-02 rev. 10.l 1 20/l Page 1 Of 2'
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTYOF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
1710 Locust Street
Robert H • Roller New Cumberland PA 17070
�-- ---- -
�
�—
The Petitioner(s)above-named swear(s)or affirm(s)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,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to or affirmed and subscrib�d befar� � °�(���,�-� ��(���1�..__ Date 12=� ��9���`�
me t i�,,-��dax ���'�r, `��` ' I Date
By: (,� �l: � '1.�'l��-tir�.-��� Date
For the Register Date
BOND Required: YES � NO To the Register of Wills:
FEES: Please enter my appearance by signature below:
C� �,�'� ,
Letters. . . . . . . . . . . . . . . . . . . . . . . $ � Attorney Signature:
( C�, )Short Certificates(s) . . . . . . ��•—
( )Renunciation(s) . . . . . . . . . .
( )Codicil(s) . . . . . . . . . . . . . . __
( )Affidavit(s). . . . . . . . . . . . . .
Bond Printed ame: D d V 1 d • S t o n e, E S •
Commission . . . . . . . . . . . . . . . . . . . . _ Supreme Court
Other , , , . . , . . . � �'' ID Number: 3 9 7 8 5
��.
��, ; - �"' � j��j� FirmName: StOn2 LaFaver & Shekletski
- . . . .
- � � '��'���� � � G �� Address: 414 B r i d g e S t r e e t
� . . . . . . . . . IS,t`�.L� P • 0 • Box E
� � � � � � � � � New Cumberland PA 17070
-- . . . . . . . . . Phone: 717-774-7435
— -- . . . . . . . . . — Fax: 71,7-774-3869 ;
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Automation Fee . . . . . . . . . . . . . . . . . — _J'—�2� --� � �'T�
Ema;i: dstone�stone2'aw . net'� ;� _
JCS Fee . . . . . . . . . . . . . . . . . . . . . . . �,l�Ll '� Q l� C'�p
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TOTAL . . . . . . . . . . . . . . . . . . . . . .$ ����� � � �.,� c7 cn �
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DECREE OF THE REGISTER [.„. ;� rn co `'`' �.'
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Estate of J o s e p h H • R o l l e r Fil N,���"��� ! �� o `"i --� � �
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AND NOW, � ��' ��a��-►-k��� �-�� , in consideratio�f the foreg6t�Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters T e s t a m e n t a r y _
are hereby granted to R o b e r t H • R O 11 e r
in the above estate and(if applicable)that
the instrument(s)dated 12/13/2 011
described in the Petition be admitted to probate and filed of record s th�last Will(and Codicil(s))of Decedent.
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�egi r of Will ; 'j �' �:�� �,� �;�; , ;
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I, JOSEPH H. ROLLER, having my legal residence at 1710 Locust Street, New Cumberlanc�,
Cumberland County, Pennsylvania, 17070, do hereby declare this to be my Last Will and Testament,
revoking all other Wills and Codicils heretofore made by me.
I declare that I am married to Emma U. Roller and that all references to my wife are to her. I
further declare the following children born to me, Robert H. Roller and Thomas M. Roller, and that all
references to my children are to them.
ITEM ONE: I direct that all my valid debts and the expenses of my last illness and funeral
be paid from my estate as soon as practicable after my death.
ITEM TWO: I give and bequeath all of my tangible personal property to my residuary heirs
under Item Four, below as follows:
A. All items of tangible personal property shall be inventoried and valued at a fair market value.
B. I may leave a Memorandum listing some of the items of my tangible personal property which
I wish certain persons to have and request that my wishes as set forth in the memorandum be
observed by my Personal Representative. Any items of tangible personal property not so
designated shall be divided and distributed among my residuary heirs as follows:
1. Each of my heirs may select one item, in rotation, in order determined by lot, until such
time at which the items chosen by each heir reach such heir's proportionate share of the
total value of my estate, or until such time as each heir wishes to make no further
selections.
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2. Any items not selected shall be sold and the net proceeds added to the residue of my
estate.
3. To the extent my heirs are unable to agree, the decision as to what may constitute "one
item" for purposes of this selection shall be made by my Personal Representative(s).
4. Any disputes concerning this method of allocation shall be resolved by my Personal
Representative(s) in my Personal Representative's sole discretion.
5. To the extent my Personal Representative is unable to resolve a dispute among two or
more of my heirs concerning the in-kind distribution of any of my personal property, I
direct my Personal Representative to sell the disputed property and the net proceeds
there from be added to the residue of my estate.
ITEM THREE: I direct any interest I may own in any real property together with the insurance
thereon shall pass with the residue of my estate. My Personal Representative may either distribute any
real property at its then fair market value to one or more of my residuary heirs under and in accordance
with Item Four below, or may sell any such real property and the net proceeds there from shall be added
to the residue of my estate.
ITEM FOUR: I give, bequeath and devise all the residue of my estate, of whatsoever nature
and wheresoever situate, to my wife, EMMA U. ROLLER. In the event my wife fails to survive me or
is determined to be a Supplemental Needs Person as defined in Item Six, below, I give, bequeath and
devise all of the residue of my estate, of whatsoever nature and wheresoever situate, to my children,
ROBERT H. ROLLER and THOMAS M. ROLLER, in equal shares per stirpes. In determining the
value of a beneficiary's share of my residuary estate, I direct that the value of my residuary estate be
augmented by the value of any personal and real property distributed in-kind under Items Two and
Three, above.
ITEM FIVE: Should any beneficiary of mine be under the age of twenty-five (25) years, my
Personal Representative shall hold such beneficiary's share of my estate, as Trustee, IN TRUST and
shall invest, reinvest and distribute the principal and net income of such beneficiary's share as follows:
2
A. Until such beneficiary attains the age of twenty-five (25) years, my Trustee, in my Trustee's sole
but reasonable discretion, may pay or apply the income and any or all of the principal of such
beneficiary's share for the health, maintenance, support and education of such beneficiary
considering all other sources of income available to such beneficiary and known to my Trustee.
Upon such beneficiary attaining the age of twenty-five (25) years, my Trustee shall distribute
the balance of the principal and accumulated income, if any, of each such beneficiary's share to
such beneficiary.
B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or become too
small to warrant placing or continuing of such fund in trust or should its administration be or
become impractical for any other reason, my Trustee, in the exercise of their sole discretion,
may pay such share absolutely to the person maintaining such beneficiary or may place such
shares in the beneficiary's name in an interest-bearing deposit in any bank, bank and trust
company or national banking association of his choosing, payable to the beneficiary at majority,
or if said beneficiary has reached his or her majority,then to him or her directly.
C. All shares of principal and income hereby given shall be free from anticipation, assigrunent,
pledge or obligation of my beneficiary(s), and shall not be subject to any execution or attach-
ment.
ITEM SIX: Notwithstanding the provisions of Item Four above, in the event my wife,
EMMA U. ROLLER, survives me by one hundred and seventy (170) days and it is detetrnined by either a
court or an authority of competent jurisdiction or in the event my Personal Representative reasonably
believes that my wife will be required to elect against my estate so to prevent her from being ineligible to
receive or to continue to receive any governmental assistance benefits, then I give to my Personal
Representative as TRUSTEE IN SEPERATE TRUST, an amount equal to my wife's statutory elective
share under 20 PA C.S.A. Chapter 22, and I direct the Trustee to retain, invest, reinvest and distribute, any
income and principal of the trust share set aside for my wife, as follows:
A. The Trustee may, in the Trustee's sole discretion, distribute for the benefit of my wife,
discretionary amounts of principal for supplemental needs not otherwise provided by
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governmental financial assistance and benefits or by the providers of services. Such
amounts sha11 not be distributed directly to such beneficiary.
B. "Supplemental needs" refer to the requisites for maintaining the good health, safety and
welfare of such beneficiary when in the discretion of my Trustee such requisites are not
being provided by any public agency, office or department of any state or of the United
States. "Supplemental needs" shall also include, but not be limited to, medical and dental
expenses, annual independent check-ups, equipment, programs of training, education,
treatment and rehabilitation, private residential care, transportation (including vehicle
purchase), maintenance, insurance and essential dietary needs. "Supplemental needs" may
include spending money, electronic equipment such as radios, record players, television
sets, computer equipment, camping, vacations, athletic contests, movies,trips and money to
purchase appropriate gifts for relatives and friends.
C. The Trustee shall have no obligation to expend trust assets for such needs, but if the
Trustee in its sole discretion decides to expend trust assets, under no circumstances should
any amounts be paid to or reimbursed to the federal government, any state or any
governmental agency for any purpose, including for the care, support and maintenance of
my wife.
D. No part of the trust share set aside for my wife shall be used to supplant or replace public
assistance benefits of any state or federal agency which has a legal responsibility to serve
persons with illnesses or handicaps which are the same or similar to the disorders of such
beneficiary.
E. No interest in the principal ar income of the trust share set aside for such beneficiary shall be
anticipated, assigned or encumbered or shall be subject to any creditor's claim or to legal
process prior to its actual receipt by my wife. My wife is specifically prohibited from any
right to receive, demand, secure, give, assign, transfer, mortgage, borrow against or will any
trust assets or income.
F. It is my intention to conserve and maintain this trust share for the supplemental needs of my
wife. Therefore, no part of this trust share, neither principal nor undistributed net income,
shall be subject to the claims of voluntary or involuntary creditors for the provisions of care
4
and services, including residential care by any public entity, office, department or agency of
any state or government agency or of the federal government of the United States.
G. In the event it is determined by either a court or an authority of competent jurisdiction
that these trust assets render my wife ineligible to receive any governmental assistance
benefits, or if the Trustee in its sole discretion determines that notwithstanding the
provisions set forth above, this trust share may be subject to garnishment, attachments,
execution or bankruptcy proceedings by a creditor of such beneficiary or by the federal or
state government or any agency or subdivision thereof, then my Trustee shall terminate
the trust share set aside for wife and distribute the remaining principal and accrued
income pro rata to my residuary heirs under Item Four, above, the contingent
beneficiaries.
H. I request but do not direct that the contingent beneficiaries conserve, manage and
distribute the proceeds of the former trust share set aside for my wife in accordance with
the provisions as set forth above.
L In determining whether the existence of the trust share has the effect of rendering my wife
ineligible to receive any governmental assistance benefits, the Trustee is hereby granted full
and complete discretion to initiate administrative or judicial proceedings for the purpose of
determining eligibility. All costs related thereto, including reasonable attorney's fees, shall
be a proper charge to this trust share of my wife.
J. If my wife should die before the complete distribution of this trust estate, this trust shall
terminate and the Trustee shall distribute the balance of the trust property to my residuary
heirs under Item Four, above,my contingent beneficiaries.
ITEM SEVEN: I appoint, my son, ROBERT H. ROLLER, my personal representative of this
my Will. In the event my son is unable or unwilling to act or continue to act as my Personal
Representative, I appoint my son, THOMAS M. ROLLER, my Personal Representative.
ITEM EIGHT: I appoint my duly appointed Personal Representative(s) Trustee(s) of the
Trust(s) created pursuant to Items Five and Six, above. Notwithstanding the foregoing, under no
5
circumstances shall my wife, EMMA U. ROLLER, serve as a Trustee of any trust created under Item
Six above.
ITEM NINE: No bond sha11 be required of any fiduciary hereunder in any jurisdiction. No
fiduciary hereunder shall have any liability for any mistake ar error of judgment made in good faith.
ITEM TEN: I authorize my Personal Representative(s) and Trustee(s) to exercise the
following powers in addition to those given by law,to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate, without regard to any principle of
diversification, risk or productivity;
B. To invest in a11 forms of property without restriction to investments authorized for any type of
fiduciary;
C. To compromise any claim or controversy;
D. To loan money to or buy property from my estate;
E. To borrow money from any person, including any Executor or Trustee, and to mortgage or
pledge any real or personal property;
F. To sell at public or private sale, to exchange or to lease for any period of time, any real or
personal property, and to give options for sales, exchanges or leases, all for such prices and
upon such terms and conditions as they deem proper;
G. To allocate receipts and expenses to principal or income or partly to each as they deem proper;
H. To repair, alter or improve any real or personal property;
I. To distribute in cash or in kind or partly in each at valuations fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the protection
of the principal;
K. To subscribe for or to exercise options for stocks,bonds or other investments;to join in any plan
of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to
deposit securities thereunder, and to generally exercise all the rights of security holders or
employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass by
delivery;
M. To add to the principal of any trust created by this instrument any real or personal property
received from any person by Deed, Will or in any other manner;
N. To exercise all power, authority and discretion given by this instrument after the termination of
any trust created herein until the same is fully distributed;
O. To use their sole discretion in deciding whether stock dividends on stock they hold in trust
should be apportioned to principal or income, except stock dividends of regulated investment
companies which sha11 be added to principal;
P. To commingle the assets of any trust estate created by this Will in any one or more common
funds for greater convenience and flexibility;
6
Q. To employ agents, accountants, engineers and such other persons, professional or otherwise, as
may be necessary for the proper administration of this estate or trust and to pay their
compensation from such funds; and
R. To disclaim all or any interest in a property passing to me or my estate.
ITEM ELEVEN: I realize that Personal Representatives are given discretion by law to
make various elections which affect the income and estate taxes payable by estates and beneficiaries, as
well as the relative shares of beneficiaries, such as taking administration expenses as deductions for
either estate or income tax purposes, selecting options for the payment of employee death benefits,
electing to take a qualified terminable interest as part of the marital deduction, selecting alternate
valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and
redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be
binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take
into consideration the total income and estate taxes payable by reason of their decisions including those
payable by my survivors, and they are authorized in their discretion, but not required, to make
adjustments between income and principal as a result thereof.
ITEM TWELVE: I direct that all estate, inheritance and other taxes in the nature thereof,
together with any interest and penalties thereon, becoming payable because of my death with respect to
the property constituting my gross estate for death tax purposes, whether or not such property passes
under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no
person receiving or having a beneficial interest in any such property, whether under this my Last Will
and Testament or otherwise, shall at any time be required to contribute to or refund any part thereof;
PROVIDED, however, that this direction shall not apply to the taxes on any property included in my
estate solely because of a power of appointment thereover which I possess but have not exercised or on
any qualified terminable interest or to any generation- skipping transfer taxes.
ITEM THIRTEEN: No gift or beneficial interest shall be subject to anticipation,
assignment, pledge, obligation, or alienation of my beneficiary(s), whether voluntary or involuntary, and
the income and principal thereof shall not be subject to any execution or attachment.
7
ITEM FOURTEEN: If any beneficiary, person or entity in any manner, directly or indirectly,
contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries,
without probable cause, such beneficiary, person or entity shall pay all costs, including but not limited to
attorneys' fees, arising in connection with such contest, attack or objection incurred by my estate, such trust
or such fiduciary personally. In the event that such beneficiary, person or entity does not prevail in such
action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary,
person, entity or remainderman under this Will shall be revoked and the property consisting of such share
shall be disposed of in the manner provided herein as if that contesting person or entity had predeceased me
without surviving issue.
ITEM FIFTEEN: Should any of the provisions of my Will be for any reason declared
invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions
shall be wholly disregarded in interpreting this Will.
ITEM SIXTEEN: This Will shall be construed, regulated and governed by and in
accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have at Mechanicsburg, Pennsylvania, on December 13, 2011, set
my hand and seal to this my Last Will and Testament consisting of eight (8) pages plus any witness,
acknowledgement, affidavit and certification pages.
� }.1-� ��2 ' SEAL
J SE H H. ROLLER
8
SIGNED, SEALED, PUBLISHED AND DECLARED BY JOSEPH H. ROLLER, the above named
Testator, 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.
L
Witnes Witness
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Address Address
9
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
. SS:
COUNTY OF CUMBERLAND .
We,-J SEPH H. RQL�ER, �C„�\ C _C�� �P,(' , and
ic� )l_1-��� , the Testator and the witnesses
respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the Testator signed and executed the instrument as his
Last Will and Testament that he had signed willingly (or willingly directed another to sign for him), and
that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the
witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of
their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no
constraints or undue influence.
i 1� ��-r :L
OSEPH H. ROLLER
�` � �,
WITNESS
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WITNESS
Subscribed, sworn to and acknowledged before me by JOSEPH H. ROLLER, the Testator
and the witnesses, on December 13, 2011.
��(CL 1�"-<<� ��� !�'����
Notary Public or PA Attorney
NOTARIAL SEAL
MARCIA M NESBIT
Nntary Public
UPPER ALLEN T'NP.,CUMBERLAND COUNTY
My Commission Expires Jun 4,2014
10
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������ �to ������
This informal letter of instruction to my family and Personal Representative serves to
convey my personal wishes concerning distribution of selected personal effects. In any situation
where the provisions of this letter may be deemed to be inconsistent with or contrary to the terms
of my Will, or other formal Estate Planning Documents, it is my desire and intent that the
provisions of my Will and other formal Estate Planning instruments shall govern and be
controlling since I do not intend that this letter shall serve in any respect as a�Will nor shall the
terms of this letter override the provisions of a Will or a Trust executed by me whether it was
signed prior or subsequent to the date of this letter.
Distribution of Personal Property
Description of Propertv Beneficiary
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6•
7. 7.
8. 8.
9. 9.
10. 10.
11. 11.
12. 12.
1
DescriAtion of Pronertv Beneficiarv
13. 13.
14. 14.
15. 15.
16. 16.
17. 17.
18. 18.
19. 19.
20. 20.
21. 21.
22. 22.
23. 23.
24. 24.
25. 25.
Other Directions To My Family:
2
REGISTER OF WILLS CERTPFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
� 1
y �F ��M "
�,� r.�� eF,�` No. 2014- 01 189 PA No. 21- 14- 1 189
Es ta te Of: JOSEPH H ROLLER
O �Z lFiist,Middle,Lasil
� � v
� La te Of: NEW CUMBERLAND BOROUGH
CUMBERLAND COUNTY
N p 11
Deceased
Social Security No:
1750
WHEREAS, on the 18th day of December 2014 an instrument dated
December 13th 2011 was admitted to probate as the last will of
JOSEPH H ROLLER
(Fiisi,Middle,Last1
late of NEW CUMBERLAND BOROUGH, CUMBERLAND County,
who died on the 12th day of November 2014 and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certi fy tha t I have thi s day gran ted Le t ters TESTAMENTARY to:
ROBERT H ROLLER
who has duly qualified as EXECUTOR(R/Xl
and has agreed to administer the estate according to law, all of which
fully ap�ears of,. record in my office at CUMBERLAND COUNTY COURT HOUSE,
C��L��ENN��YVANIA.
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c�a �T 2�ST�NIQ�TY:. WHEREOF, I have hereunto set my hand and affixed the seal
La. � � C? c,,;> ,,.,,
ofum�- of�icg,..-on :��he �8th day of December 2014.
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