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Home My WebLink About07-29-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Il (l'1c!1 l:"-lt. Estate of Lloyd Ii Zembower also known as No. 21-- 05- O(P13 , Deceased 1VJ.15 DeRRi. L. 7A",h"Wer Ab^"A.lA LO.,/lH I....e Ze_~u<"'\l~/t ~ 1<1' Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) 00 A. Probate and Grant of letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 11/13/1981 and codicils dated Social Security No. 201-32-8766 named in the last Will of 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 born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent C~? ~ :0 :::g .'-') o B. Grant of Letters of Administration .':2 r ~ i= _ ::0 f_'I') , -'\, .'C) . :0 . -:'_"3 '--r-I \.-::1 iCy , -1, ',--J, (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate) ,~~_: ;;; Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse-~~~ny) a~heirs: - ~- :ri I Name Relationship Residence , " f" I )-,-) 3611 - - ,-:) ~ftA"'.~ Beech Run Lane w --;1 Donna E:'. Zembower Wife Mechanicsburg, PA 17050 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 3611 Beech Run Lane, (list street, number, and mUnlclpahty) Decedent, then 63 years of age, died 04/09/2005 at 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 (Location) 5,000,00 $ $ $ $ situated as follows: 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: Ignature Typed or pnnted name an reSidence D~RRBl!.I8tfth8~"ler h-o'vJ3611 Beech Run Lane 'OJ"-....,.,. (...<>......A..-<-,......'( Z~A-b~.....~ Mechanicsburg, PA 17050 Prepared by Ihe Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Pebtioner(s) above-named swear(s) or afflrm{s) that the statements in the foregoing Petition are true and eorred to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent. Petitloner(s) will well and truly admInister the estate according to law Swomtooraffirrnedandsubscnbed ~~~ DaRna L. Zomhanar L)o.-_p- (tio,-t 'A.r( Z~..-. 6&~-v" before me thiS ~ day of (l~~ ,aoos J1i f l/f\OjO\t-W.~.~~ r~ ~~~ No. 21-- 05- l.P'13 Estate of also known as L1o:Jd eAR. / Z e....../,o'V<1l. LI8)1d C. Z~I1'\b6'~\'Br . Deceased Social Security No: 201-32-8766 Date of Death: 04/09/2005 AND NOW, '-J"~ ~ '201 lSillOS , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [8] Testamentary 0 of Administration (c.t.a.; d.b.n.c.t.a.; pendente lite: durante absentia: durante mil'lOfitate) are hereby granted to Dellna L. Zembo..eT. J)DN Nil. L 0 R..R.A--l Nt Zf::w1Bo vJ 12R. in the above estate and that the instrument(s) dated 11/13/1981 described in the Petition be admitted to probate and filled of record a FEES Letters ......$ 30.00 Short Certificate(s).... . .$ ~.OO Renunciation..... .$ WILL 15. 0 0 .~I!tLl.;t.}( )..... .........$ Extr. Pages ( ).. .......$ Codicil..... ..$ . Register of Wills Attorney ~c~e~ .~ V 10 No 41263 Address: 429 South 18th Street Camp Hill, PA 17011 JCP Fee.... .......$ (0; 0 0 Telephone3 717/730-7310 E-Mail: Inventory. ...$ ___....AlJ.I9f~~.. ..$ ~. 00 TOTAL.................. ....$ ~~ .0-0 Form RW-1(1991) Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc CERTIFICATION OF VITAL RECORD -- - - - -- - -- ~ - ~--- ~ - - . . 111111 1111111111 1111111/11 111111111 11111111 ... , Ii I. ,.. .. ~. .. . LAST WILL AND TESTAMENT c:> ", "-' f:::::;O ,:'=~ '::"1'1 (.- , - r-- t'-J ~.;.") I I ! , I I I ~~r~.. r"",: 1 r r~l , :'--' -- ,,--' ... ,~~ ~~ '~r~ . . -: (':~) .: i":"'..., " ) OF :1 LLOYD CARL ZEMBOWER ", , .--"" -, -, I.') . ,'--) I, LLOYD CARL ZEMBOWER, of Hampden Township, Cumberland County, Rannsyl-"Ci vania, being of sound and disposing mind and memory, do hereby make, publish an declare this to be my last Will and Testament, hereby revoking and declaring nu I and void any and all former wills and/or codicils by me at any time heretofore made. FIRST I direct my hereinafter named Executrix to pay all of my just debts, funer I expenses, inheritance taxes and costs of administration of my estate out of the corpus of my estate as soon after my decease as it is practical to do so. ~ ~ SECOND In the event that my wife, DONNA LORRAINE ZEMBOWER, survives my decease by a period of thirty (30) days, then and in that event I give, bequeath and devis all the rest, residue and remainder of my property, real, personal and mixed, 0 whatsoever kind and nature and wheresoever situate, unto my wife, DONNA LORRAIN ZEMBOWER, to be hers, to do and have as she in her best judgment declares; provided, however, that in the event of remarriage by my wife, DONNA LORRAINE ZEMBOWER, all assets of my estate are then, as of the date of her remarriage, t resides~ if such home is that which was, prior to my decease, our joint home, t be evaluated by an objective appraiser, inclusive of the home in which she then sum total of all such assets to be divided into equal shares, such shares to be paid one-half each, or fifty (50%) per cent, to my wife, to be hers absolutely, and the remaining one-half, or fifty (50%) per cent, to my two (2) sons, and their issue, in equal shares, share and share alike, per stirpes. LAW OFFICES SNELBAKER. McCALEB & ELICKER THIRD I hereby give and bequeath unto my son, GREGORY ANDREW ZEMBOWER, the antiq ~ '1 J LAW OFFICES SNELBAKER. McCALEB a ELICKER Cherrywood rocking chair and the silver cup; and unto my son, MICHAEL KRISTEN ZEMBOWER, I give and bequeath the two (2) antique variegated blue glass baskets. I give, bequeath and devise all the rest, residue and remainder of my property, real, personal and mixed, of whatsoever kind and nature and wheresoever situate unto my sons, GREGORY ANDREW ZEMBOWER and MICHAEL KRISTEN ZEMBOWER, and their issue, in equal shares, share and share alike, per stirpes. FIFTH In the event that my wife, DONNA LORRAINE ZEMBOWER, should predecease me 0 not live to survive me by a period of thirty (30) days, and my sons, or either of them, has not yet attained the age of eighteen (18) years, then and in that vent I give, bequeath and devise all the rest, residue and remainder of my property, real, personal and mixed, of whatsoever kind and nature and whereso- ever situate, unto SAMUEL LEE WHETSTONE and/or K. DIANN WHETSTONE, or the survivor of them, of Crest on Drive, Lebanon, Pennsylvania, in trust, however, and as Trustee upon the following terms and conditions: (A) After first allowing my sons, the beneficiaries of this Trust, to select as they may desire from and among any or all items of personal property that they mayor wish or desire to retain for themselves, the named Trustee is directed to sell all of said Trust property, real, personal and mixed, of whatsoever kind and nature and wheresoever situate, at public or private sale; (B) To invest the proceeds of said sale or sales in accounts, notes, certificates of deposit, money market certificates, or the like, such investment to be for purposes of producing the greatest return on the dollar invested, as issued or held at a bank or other institution insured by the Federal Deposit Insurance Corporation or by the Federal Savings and Loan Insurance Corporation; said bank or Page two of six pages ~ LAW OFFICES SNELBAKER. MCCALES B: ELICKER banks to be of Trustee's own choosing; (c) To pay to himself or themselves, as Trustees, in quarterly installments all of the interest then produced by the invested prin- cipal for the benefit of my children, to be expended for the necessary maintenance~ support, clothing, food, medical expenses, educational expenses, transportation expenses, etc., of my sons, the beneficiaries of the Trust hereby created and established; (D) To invade the principal or corpus of the Trust so established and to pay so much of the principal as may be necessary, in the joint discretion of the Trustees and of my elder son, GREGORY ANDREW ZEMBOWER, for any extraordinary medical, educational, or other maintenance expenses of my children; (E) The amount to be paid for the benefit of my said children shall be determined from time to time by the needs of my said children, and the amounts and times of payments shall be determined by such need, but in no event shall such payments be less frequently than quarterly. The said payments, or any part thereof, may be made by my said Trustee directly to my said children, if in the opinion of my Trustee, such children are of age and ability to handle properly the funds so paid over to the children, or may be made by my Trustee directly to an institution entitled to such pay- ment by reason of services rendered or to be rendered to my child or children. In making the aforesaid payments, my said Trustee shall give consideration to the individual needs of my said children and to other sources of income available to such children; (F) If it is the desire of either of my sons to further their education after graduation from high school, and their abilities gain them admission to a tuition institution, or other institution for which fees are demanded or required, my said Trustee is hereby empowered and authorized to make appropriate distribution of income, or of invaded principal as set forth above, for and on account of Page three of six pages ~ LAW OFFICES SNELBAKER. McCAL.EB 8: ELICKER the actual costs of such educational expenses; (G) I. Upon the attainment of the age of twenty-one (21) years by the eldest of my children, the principal of said Trust shall be divded into as many equal shares as I have then living and deceased children with issue then living. The share of each living child shall then be held in a separate Trust to be distributed as follows: a. Upon the creation of such separate Trust at the age of twenty-one (21) years of each of my living children, thirty-three and one-third (33 1/3%) per cent of the principal of such separate Trust shall be distributed to such child, with the quarterly payments of interest to continue as described hereinabove; b. Upon the attainment of age twenty-three (23) years of age by each of my living children an additional thirty-three and one-third (33 1/3%) per cent of the principal of such separate Trust shall be distributed to such child with the quarterly payment of interest to continue as described hereinabove; c. Upon the attainment of the age of twenty-five (25) years by each of my living children all of the rest, or thirty-three and one-third (33 1/3%) per cent of the principal of such separate Trust shall be distributed, free of Trust, to such child, and as such final payment of principal is made, that child's share of interest and/or principal shall be considered to be exhausted, terminated and forever ended. II. The share of each deceased child shall be distri- buted as hereinbelow provided: a. Whatever benefits, payments or other distri- bution that such deceased child would have been entitled to, shall, in like manner be distributed Page four of six pages LAW OFFICES SNEL8AKER. MCCAl.EB & ELICKER to that child's issue, per stirpes, and if no issue, then that child's proportionate Trust shares shall be paid over in full, to my then surviving child, or his issue, per stirpes. SIXTH I hereby name, constitute and appoint my brother-in-law and his wife, SAMUEL LEE WHETSTONE and K. DIANN WHETSTONE, or the survivor of them, of Cresto Drive, Lebanon, Pennsylvania, as Guardians of the estate of my minor children. Said Guardians shall have all powers as provided by law and specifically shall have the power to use the income and principal of the aforesaid Trust for the maintenance, support, medical expenses and education of my children, as herein- above more specifically set forth. SEVENTH I hereby name, constitute and appoint my brother-in-law and his wife, AMUEL LEE WHETSTONE and K. DIANN WHETSTONE, or the survivor of them, of Cresto Drive, Lebanon, Pennsylvania, as Guardians of the persons of my children. EIGHTH I hereby name, constitute and appoint my brother-in-law and his wife, or the survivor of them, SAMUEL LEE WHETSTONE and K. DIANN WHETSTONE, as Trustees of those funds and Trust established by the provisions contained hereinabove. NINTH I direct that no Trustee, Executrix, Guardian, or other fiduciary named, nominated, or appointed in this, my Last Will and Testament, shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of Court of the Commonwealth of Pennsylvania or any other juris diction to the contrary notwithstanding. TENTH Any and all payment or payments of any sum or sums, whether for principal Page five of six pages L.A.W OFFICES SNELBAKER. McCALEB a ELICKER lor income" Iherein, or individual payable to my said children, my issue, or any other beneficiaries any of them, shall be made upon the sole receipt of the respective to whom the payment is made, and such shall be free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge or obligations of any beneficiary, and shall not be the subject to any execution or attachment. ELEVENTH I hereby name, constitute and appoint my wife, DONNA LORRAINE ZEMBOWER, as Executrix of this, my Last Will and Testament. In the event that my wife should not survive my decease or should not live to complete the settlement of my estate, then and in that event I name, constitute and appoint my elder son, GREGORY ANDREW ZEMBOWER, as my alternate Executor. My Executrix or alternate Executor is authorized and empowered to sell any real estate which I may own at the time of my decease at either public or privat sale, whichever in her or his opinion shall be in the best interest of my estate IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last ill and Testament this \"<;,~ , 1981. ~ day of ~~~ Page six of six pages LAW OP'FICES SNELBAKER. MCCALEB .& ELICKER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) I, LLOYD CARL ZEMBOWER, 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 and Testa ment; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledge before me by LLOYD CARL ZEMBOWER, the Testator, this i"lls- day of ~ ,1981. Sworn and subscribed to before me /3 Y4 day of7'.-c-~J.tk/ , 1981. this f2a:m~.R.. '--1f. ~t." I~ Notary Public (SEAL) My commission expires: F<>-b." 7, 19':2. CATHARINE E. BOUSUM. NOTARY PUBLIC fi,ECI<A" :CSSURG BOROUGH CUi',IBL.RLAND COUNTY .,tV cr,MMISSl(!t~ f'iPll(F" FER 27, 1982' LAW OFFICES SN~LBAKER, McCALEB & ELICKER AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY CUMBERLAND) OF We, MARK S. SILVER, JANET M. FORRY, and SUSAN A. McCOY, the witnesses whose names are signed to the attached or forgoeing 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 and Testament; that h 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 th Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by MARK S. SILVER, JANET M. FORRY, and SUSAN A. McCOY, witnesses, this \1* day of ~ 1981. ~ Witness ~ J1\.~~ Witness 1./___1 d /ic-~ Witness Sworn and subscribed to before me, a Notary Public, this /3d day of ~ , 1981. !2/A'AA...:-n '-i? ~<"",,"--m/ Notary Public (SEAL) ,.,. ,{ ~'p' My commission expires: rep, A 7/':J1' -.. CATHiiRlNE E. BOUSUM, NOTARY PUBLIC. r: ECHA, lCS8URG BOROUGh cur,:BcRLAND COUNTY -..tv r,;(lMMISSln~ fJ(PIRF". FER 27 t 1982