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HomeMy WebLinkAbout08-11-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of EJJU,L" fV1. II n.d'\o, ) No. also known as ~ To: Re~ister of ~ for ~e.vL , fgeased. County of .JJr, t:o in Social Security No. ~11t; - 01- '?2.. Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: , Your petitioner(s), who is/are 18 years Of~ r'der fJifhe elq~t.w' III the last will 01 the above decedent, dated - - 7 and codicil(s) dated the named , 19_ (slate relevant circnmstances, e.g. renunciation, death of executor, etc.) Oecendent was domiciled at death in h g Ai last family or principal residence at C ty~ennSYlvania, with (list street, number and muncipality) S--:-~ ,~~i7, Decen at Except as fol after execution incompetent: Oecendent 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 Pennsylvanw Ii 6\. I r situated as follows: "l,t, ,If(-. H(t<;1l 1/ IN 15, !A'iC'Wr/(J !::1'fr ws ecedent (lid n t marry, as not ivorced and did not have a child born or adopted f the will offered for probate; was not the victim of a killing and was never adjudicated $ /. .I'll. , $ $ $ ~ 0"6 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters theron, (testamentary; administration c.La.; administration d.b.n.c.t.a.) " '" u " u :g3 U" '"'u " -00 1::"::: cU"';: ~~ "'- ~o , " 00 Vi ,iLt/~rl'~ ~~~<? N ~---! -----g :~. 0 15.:11 :=:0 "ha :-'c'o c: '_~ (-_ G') .:-~L~ - ~:I) '.:~ :.:2S~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA -, ss COUNTY OF J ::2 ---"I ~ W +"" 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 f petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well a trul a . i t he estate according to law. Sworn to or atT;rmed and subscribed before me this __",,~ day of { ~~~, ~~:h S~,,,:\~~ ~~ .~~, ~ Reg' er '" 00' " " " ~ ~ = ~XJ n-l fTIO C'C...:;, u')= -'---10 r--rln, c'.)C1 2C") , -,-, . ,., "'.:0 _ rn '-")~ ~ - COMMONWEALTH OF PEN COUNTY OF CUMBERLAND Register of Wills of Cumberland County ss: decedent petitioner(s) will well and truly a Sworn to or affirmed and subscribed Before me this Register { '" Qq' ~ " ~ A ~ No. Estate of , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~"~\:. l,., , 20~, in consideration of the petition on the reverse side hereof, satisfactory pr fhaving been presented before me. IT IS DECREED that the instrument(s), dated '" - '\ ~ - "''''''''''1 , described therein be admitted to probate med of record as the last will of ("~~ v\. \<.~\'\I\C<.Q, ; and Letters are hereby granted to "<\)...~"''-~ ~. y. \;:\1\ ~~ R FEES Probate, Letters, Etc. ............. Will................................. $ $ Renunciation...... ... .............. $ $ $ $ $ $ 20~ Short Certificates (5) ............ JCP.................................. Automation Fee................... Bond................................. Total Filed ~-" ";)..,~ ...~ CJ~ ~~ 'S~ Register '\f~ills ""-~~ q.~~~u '"d.: ~"''-J .t.,\)\\~\'I;:, ~. \(~\\~I<...~ Attorney (Sup. Ct. J.D. No.) ~ ':l..~ ,~ S '-\ \\ \\ .(.. V\ ~\\:\ -S, Address "'<<.,,"~~\'\.S, ~\).... "", \l ~ \\'\ -'\CI S -" '\ \J ~.~~ Phone -. Register of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estateof 6/'v!Jr M.- ~ Ul Also known as No. , Deceased (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that hi; 1<; famiIiarwiththesignatureof~ua Nt, (qtj(f, ,testa~of(oneofthe subscribing witnesses to) the codicil/will presented herewith and that AL believelbeIieves the signature on the codicil/will is in the handwriting of to the best of T knowledge and belief. Sworn to or affirmed and subscribed Before me this , \ ..." day of "'"'~ ,20~ (Name) 61&#11 ~ Yf/e- (Address) I. /) (7 -.-- f1/lechqrtlcs490l--c; /tJS" ~~ ~ ~~'\..~'\ Register ~~ \(~ '<).." ""~ Deputy \ . ~ (Name) ....., = = "" po = G) (Address) (") ;~~ ,~i-:'O ,':-=-:::1~ ~ .-n :..... ~-,-' ,,--, /"'- ~_._, -0 :~'1 r;:' w w :::u n'''\ C"J t~ :iJ CJ cr, c-:J )C) _:~ :-::0 ~~ r--n ..-'0 '-rl -. Register of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estate of flte:. }A, (~Vz No. Also known as , Deceased (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that hf'.. I') familiarwiththesignatureof AI; .' testatf2../.,l.of(oneofthe f subscribing witnesses to) the codicil/will presented herewith and that believelbelieves the signature on the codicil/will is in the handwriting of to the best of fv<..lf knowledge and belief. I Sworn to or affirmed and subscribed Before me this \ , ~ day of ~~~ ,20~ ~ to K.,4"l/ ame) 411 f). e. ~'.A/' !;rf- (Address~ _ I f) Mic~(Jb, / ~ ~~S-~~~ ~ Register \ ~ \<.,-\~.. ":l.."'~ ~ D~ury)\ 0 (Name) (Address) (") C::;O .::.rJ '')-0 -~--("--D --~:~ S3 -/)7'. '-),'" ,.;;j~(' ;) -' ::'::, ,..., c:> = c.n :P- c:: '" -0 ~ r:? w w ,-, j',-, ,~) ;-:., (.n'" ;:g ,-n CJ ::=:> --n - :0 . - ~"") . [-n o ~:-1 HJ05.lI05 REV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 11666412 No. 4-fft$~ . ~ .. Local Re '';ffl -~) MAY.Q 6..2005 Date o Co ,:=0 J ._-~, .n.O ,;<.---- 0.:::;'- r-n ~J~02 .-)C~ "-)'-'11 ...., = = """ 0:>- c:: GJ -'-- ~-:--D .., C) C) :-:0 CJ ,1'1 CJ C) ""'1 -n C~ rn -0 - . -- """'- CERTIFICATE OF DEATH COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS =0 c;"mNoThn'" 11...0 =-~=.... MOTM!ftIWlllE(FIroI.~_au-) t.. Luc Moore WCItMNtI'S-..JADDl'lUI~CI)tT_""'ZIpCooM' -.316 Ht. Allen Drtve, Hechantcsbur PA 17055 I'LACEOFIllllPOIlTlON-IWMIII~,~ LOCATlON.CI)tT_....Zlpc:.. ._- .. Franklin Cellletery twPtllsburg, Pa 17019 IWilENfOAOllMNOIFACll.ITY ~1Dc. nt.ChatmtSt. O111s PAI7019 """""- ~.aJ7//tfL ...-s: ?_.J W-'*CfoII~'1OA~iEIWoIItlll 2t. Y-D -0--- :~ PNn" 01.-.................................. .-.. ..-.In..~____..~t ;.......... H'I05.10.......2tIT ~011 DEC8lENTlFhI.........l-') t, Bdu K. Ie -...- . 8I1mPl.ACE(qy..... .........CCu*y) .. 95 Yra. CClUKTYOFDEATM n. - 316 Mt. Allen Drive t.. HechanicSburg, PA 17055 FAntBl'aJllMll(Fhl........Laoll t.. Dantel Albright.. Donald B. temper In.CculIw ~ ! IlATl!OFllISPOSlTlClM ~.Do,.y..., o ItIt.Hay 9, 2005 (llItPfM(lHACTI<<a....tuCH LICPIE~ I2It. PD-0l2975-L It.........~_......-.I. IurlIt 11ICN1M11111 0....,........... 0 -- DD!AO(MDrlII.Day.Y.-) :5,';>OO~ . Le v/c~'-; 4 F -..- r..,.......-..- _1iIIIr1llClUL'I'IMlI ~(a..e.~ ..-- ,..........,LMT W-'*AN..uTOf'SYWERENJTOl'SYI'INlII'GI I"IEN'a'lMEDt AV~l'fIIIDIIl'1O """""""''''",... "',.,,,'" IT..........__ """''"''''''''- :L 195 - 07 - -0 - ::"0 - ,. White ........."""" 11"_....--1 llIMlTALI1'AT\II........... -;~..d, M. Wtdowed l1..l!:JY..._....1n ,. Upper Allen Twp. .. -- - .....-- CollIIl.......-.... MTEOFIHJURV .,..OFINJI.In' IHJUIn'ATWORK'1 OUCFIIlIEHOWIHJUIn'OCCURRED. D~Do,.- o ~D~D o ~OFIHJURY.N........::..-......;;. ... --- - llUrfrINElItOl'DEATM - f1J _ 0 - 0 Y-O ""D .. ~ ~ u 8 ~ I "'/7#' ;? 000 LAST WILL AND TESTAMENT OF EDNA M. KEMPER KNOW ALL MEN BY THESE PRESENTS, That I, EDNA M. KEMPER, of the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, do make, publish, and declare this instrument to be my Last Will and Testament, hereby revoking and making void any and all former Wills by me at any time heretofore made. FIRST: I direct the Executor hereof to pay all my just debts, funeral expenses and costs of administration as soon as conveniently may be done after my death. I further direct the Executor hereof to pay all inheritance, estate, transfer and succession taxes which may be levied or assessed upon any property which is included as part of my gross estate for the purpose of any such tax. SECOND: I give, devise and bequeath unto my Son, DONALD B. KEMPER, the rest, remainder, and residue of my estate provided that he survives me by a period of thirty (30) days. THIRD: In the event that my Son, DONALD B. KEMPER, does not survive me by a period of thirty (30) days then in that event, I give, devise and bequeath all the rest, residue and remainder of my estate in equal shares to my Grandchildren, REBECCA E. KEMPER and SHELLEY C. KEMPER, percfjpiia."() t 91J, it oM..... .""1 ud' \ \ c>,n1:-l,_ ~i~tiZ "It, ." ,i VII~- , !_ Y,' ,-:;~' r.~','" ;_P':' :.If \ "/''''...I--t1" I jjJ\j.' il. .'J]& ..:.V -lv'U..;'.J uJ ......" FOURTH: In the event that any of my said Grandchildren have not attained their twenty-second (22) birthday, then in that event I give, devise, and bequeath unto PNC BANK (hereinafter "Trustee") in trust for the benefit of my Grandchildren any gift, devise or bequest to which they are entitled under this my Last Will and Testament until they attain their twenty-second birthday. The principal and income of this trust is to be utilized for the health, education, and welfare of my said Grandchildren. I hereby give the Trustee the power and authority to utilize the funds in this trust in accordance with their best judgment as to the needs of my Grandchildren. (a) The trust created under this Fourth Paragraph of my Last Will and Testament shall terminate when REBECCA E. KEMPER reaches the age of 22, and the trustee is directed to distribute the principal and income then remaining in the trust as set forth in Paragraph THIRD of this my Last Will and Testament. FIFTH: The trustee shall have the following powers: (a) To exercise all powers granted to trustees by the common law or any applicable statues (as they exist at this date or are subsequently amended), to the extent that they increase the powers granted to trustees. If, however, those powers are in conflict with the provisions of this Will, the terms of this Will shall prevail; (b) To retain any property becoming a part of the trust estate, including non-productive property, without having to account for the loss of income; (c) To convey, sell, transfer, exchange, partition, mortgage, pledge, lease, assign, or otherwise dispose of, hypothecate, or deal with any and all properties in the trust estate; (d) To borrow or lend money for such purposes and on such terms and conditions as the Trustee deems appropriate; t;, %,1{ -2- (e) To invest and reinvest any assets, funds, properties, or income of the trust estate in such properties or investments (whether income- producing or not) as the Trustee deems appropriate; and (f) To accept from any source any property acceptable to the Trustee to be held as part of any trust hereunder. The trustee also is authorized (but not directed) to accept from the Executor, at the termination of the administration of any estate of which any trust established herein may be the beneficiary, the assets delivered by the Executor to the Trustee on the basis of the accounting therefor as submitted by the Executor, without requiring an audit or other independent accounting of the acts of such Executor. No Trustee hereunder shall have any duty, responsibility, obligation, or liability whatsoever for, or any duty, responsibility, obligation, or liability whatsoever for failure to rectify the acts or omissions of said Executor. SIXTH: No Trustee shall be responsible or liable for any loss to the Trust estate that may occur by reason of depreciation in value of the properties at any time belonging to the trust estate nor for any other loss to the trust estate that may occur, except that each Trustee shall be liable for his or her own negligence or willful misconduct. SEVENTH: Any Trustee may resign by filing a written instrument duly acknowledged of record in the Deed Records of Cumberland County, which filing shall deprive immediately any such resigning Trustee of all powers as Trustee hereunder except those powers appropriate to the administration of the trust during the time required for the transfer of the Trust assets; provided, nevertheless, that at least thirty (30) days prior to such filing, the resigning Trustee shall give written notice thereof to those persons who could in the discretion of the Trustee receive income from the Trust estate and are at such time sui juris. No purchaser from, or other person dealing with, e, 91" X, - 3- any Trustee is obligated to examine such Deed Records, any such person acting in good faith shall be protected in all transactions with any Trustee, whether or not any such resignation has taken place. If the original Trustee and all successor Trustees named herein, or if any other successor Trustee shall resign, or otherwise cease or fail to serve, the president judge of Cumberland County, acting in his individual capacity and not his judicial capacity, shall appoint a successor Trustee: Any national or state bank, trust company or other financial institution in the United States having trust powers and a capital and surplus of One Million Dollars ($1,000,000.00) or more shall qualify as a successor trustee. EIGHTH: Upon the appointment and qualification of any successor Trustee, the same duties shall devolve upon, and the same rights, powers, authorities, privileges, and discretions shall inure to him, her or it as to the Trustee originally designated hereunder; and all rights, powers, authorities, privileges, and discretions shall be exercised without the supervision of any court. NINTH: I appoint my said Son, DONALD B. KEMPER, to be Executor of this my Last Will and Testament. I do hereby give to the Executor hereof full power, discretion and authority at any time or times to sell, at private or public sale, mortgage, lease pledge, exchange or otherwise deal with or dispose of the property comprising my estate as deemed best, to settle and compound any and all claims in favor of or against my estate as deemed best and, for any of the foregoing purposes, to make, execute t. 'hJ, jf. -4- and deliver any and all deeds, mortgages, contracts, leases, bills of sale or other instruments necessary or desirable therefor. LASTLY: I direct that no fiduciary appointed by this, my Last Will and Testament, shall be required to give bond and that if, notwithstanding this direction, any bond is required by any law, statute or rule of court, no surety shall be required thereon. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages on the margin of which (except this page) J have affixed my initials this / r t'h.. day of 1J-+-?, ,,~_P...r-- , A.D. 199..2. t~/Yl~- 'hr, /!p~f-P-r" Signed, sealed, published and declared by EDNA M. KEMPER, the above- named Testatrix, as and for her Last Will and Testament, in the presence of us and each of us, who at her request, and in her presence, and in the presence of each other, have hereunto subscribed our names as attesting witnZ b.~~ _A,-,rll1 il l 1 ) iJu~, ,,; ,('/ / ~ - 5 - County of Cumberland ss. Commonwealth of Pennsylvania ACKNOWLEDGMENT AND AFFIDAVIT We, EDNA M. KEMPER, the testatrix, and the undersigned witnesses to the Will, the attached or foregoing instrument, having been qualified according to law do depose and say: (a) that I, the testatrix, do hereby acknowledge that I signed the instrument as my Will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testatrix sign the instrument as her last Will, that she signed it willingly and as her free and voluntary act for purposes therein expressed; that each of us in the hearing and sight of the testatrix signed the Will as a witness and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed before me by EDNA M. KEMPER, testatrix, and Mark D. Schwartz and Andrea Klinedinst, witnesses, this 18th day of November, 1997. ~ffl~ Mark D. Schwartz (Witness) k~ry. ~ EDNA M. KEMPER. ~-d!;~ David . Knauer Attorney 1.0. No. 21582 ,~n 1 LfI \ ~ ) ~I"" ,'r! LA-on~ Andrea Klinedinst (Witness) -6-