HomeMy WebLinkAbout09-20-05
S. BERNE SMITH
Attorney-at-Law
107 N. 24th Street
Camp Hill, PA 17011-3602
PHONE: (717) 737-6789
FAX: (717)737-6783
September 15, 2005
In re: Estate of Nellie E. Emert; SS # 165-38-1397; DoD: August 21, 2005;
P A File:
File 218002
Ms. Glenda Farner Strasbaugh
Register of Wills
Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Dear Register:
Accompanying this letter is a Petition for Probate and Grant of Letters Testamentary in the
Estate of Nellie E. Emert, who died testate August 21, 2005. Attached to the petition are the
following:
1. The original and one copy of the Will of Nellie E. Emert.
2. The Estate Information Sheet for the P A Department of Revenue.
3. Death Certificate for Nellie E. Emert.
4. The Will is not a self-proving Will, but the affidavits of two non-subscribing
witnesses are attached, attesting to the signature of the decedent.
We believe that this covers everything that is required. We ask that we be provided with
eight (8) short certificates. Please send them and the actual letters testamentary to the undersigned
when they are prepared. Because we will be hand delivering all of the above materials to you, we
will be prepared to pay the fees by check at that time.
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, Thank you for your attention to this matter. If anything further is required, please advise.
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Sincerely yours,
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S. Berne Smith
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'cc: ;,~)oan E..Short, Executrix (w/enc.)
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Estate of Nellie E. Emert
PETITION FOR PROBATE and GRANT OF LETTERS
No. ~\ - 05 -6~~
Social Security No. 165-38-1397
To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania.
The Petition of the undersigned respectfully represents that:
Your Petitioner is 18 years of age or older and is the Executrix named in Article Seventh of
the last Will of the above decedent, dated December 16, 1992.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last address
at 23 North 23 rd Street, Camp Hill, PAl 7011 where she had lived since 1945. Petitioner respectfully
submits that Cumberland County was decedent's place of residence and that the Will should be
probated in Cumberland County.
Decedent, then 91 years of age, died August 21, 2005, at Messiah Village, Mechanicsburg
(Upper Allen Township) Cumberland County, Pennsylvania. Decedent did not marry, was not
divorced and did not have a child born or adopted after execution of the Will offered for probate,
was not the victim of a killing and was never adjudicated incompetent.
Decedent at death owned property with estimated values as follows:
1. All personal property $340,000.00
2. Value of real estate in Pennsylvania $165,000.00
situated as follows: 23 N. 23rd Street, Camp Hill, P A 17011.
WHEREFORE, petitioner respectfully requests the probate ofthe last will presented herewith
and the grant of letters testamentary thereon.
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JoarrE. Short, Executrix
285 Eden Drive
Etters, P A 17319
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Estate of Nellie E. Emert, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
ANDNOW / (; ~ -u.~ .s.et2~v ,2005,inconsiderationofthepetition
set forth on the two preceding pages, satisfabory proof havmg been presented before me,
IT IS DECREED that the instrument dated December 16, 1992, described therein be admitted
to probate and filed of record as the last will ofN elIie E. Emert, deceased, and Letters Testamentary
are hereby granted to Joan E. Short, Executrix.
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FEES 'J G3 ~J
Probate, Letters, Etc. / . .
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$ Attorney: S. Berne Smith
Short Certificates (8) 3J. Sup. Ct. LD. No: 07254
$
Renunciation 107 N. 24th Street
$ t) Camp Hill, PA 17011-3602
Other 30.DO
$ Phone: 717-737-6789
TOTAL 5;;l.:{~ 6'0
$
Filed:
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OATH OF PERSONAL REPRESENT A TIVE
COMMONWEAL TH OF PENNSYLVANIA:
: SS
COUNTY OF CUMBERLAND
Petitioner, Joan E. Short, swears or affirms that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner and that as personal
representative of Nellie E. Emert, deceased, petitioner will well and truly administer the estate
according to law.
Sworn to or affirmed before me,
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this / t:" frJ day of September, 2005.
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2.
Thi' i~, '0 certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Lued j':cgistrar. 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, $6.00
P 118S8EH39
No.
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Local Registrar
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AUG 2 3 2005"
Date
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Rev. 2/87
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
5.
COUNTY OF DEA T~
Cumberland
91
Yrs
STATE FILE N!JMBER
---ysE'X'----- SOCIAL SECURITY NUMBER
~elnale 3 165 - 38 - 1397
BIRTHPLACE (City and PLACE OF~Il:i..LQter::k onl n. see rnslru hons on other sid
Stale o~ Foreign Country) HQSPI1Al: OTHER
Inpal18n, 0 ERIOu~!:altenl 0 DOA 0
180.
FACILITY NAME (If not instjtutio~, give street a~C' number)
~IWx1LOJv I/LtLtt
8d.
Milroy, PA
ResIdence 0 ~I~:~fy) 0
RACE. AmericCir. Indian, Black, White, at
(Specify)
NAME OF DECEDENT (First. \1iddle, Last)
23 North 23rd Street
16. Cam Wll PA 17011
FATHER'S NAME (First, Middle. Last)
18. Arthur Brown
INFORMANT'S NAME (Type/Print)
200. Joan E. Short
METHOD OF DISPOSITIOr-;
BlJrial D Cremation ~emoval from Stale 0 0
Other (Specify) 21b. ust 23, 2005
F." N~~., SERVICE LICENSEE OR PERSON ACTING AS SUCH LICENSE NUMBER
a,'-- 22b.FD 012 848 L
Co e ems '23a-c only when certifying To tne best of my knowledge, death occurred at ':he time, date and place stated
physician is not available at time of death to (Signature and Title)
certify cause of death 23a.
Items 24~26 must be completed by TIME OF DEATH
person who pronounces death 24. z... \ I 5-
ic
DECEDENT'S
ACTUAL
RESIDEi"CE
(See lnstr:.Jctions
on other side)
AS DECEDE~T EVER IN
U.S. ARMED FORCES?
Yeso No5J
12.
17a.
2005
1-
AGE (La$t Birthday)
8b.
DECEDENTS USUAL OCCUPATION
(~~v=~~Qi~;~i~~'l d~';tu~rir~~r~g)61
10.
white
110. Homemaker 11b. Domes
DECEDENT'S MAILING ADDRESS (Street, CityfTown, State, Zip Code)
MARITAL STATUS - Morried.
Never Married, Widowed,
Divorced (Specify)
SUHVIVING SPOUSE
Wwife,gfven-,aidenn9'Tle)
14.
Cumberland
Dld
decedent
livp. in a
township?
17c. 0 Yes, decedent lived in
twp.
17b. CCl;ntv
17d. ~ ~~h:~e~~~~~ii~ir~ of
Camp Hill
city/bora
27. PART I: Enler the dl.e...., Injun.. or complication. which cau..d In. death. Do nol enter the mode 0' dying,
U.t only on. cau.. on e.ch Jine
MOTHER'S NAME (i=irsl, Middle, MaiCen Surname)
1L Octie Wa ner
INFORMANTS MAILING ADDRESS (Street, CityfTown, State, Zip Code)
20b. 285 Eden Drive, Etters, PA 17319
PLACE OF DISPOSITION- NaMe of Cemetery, Cremalol) LOCA T1QN - CityfTown, State, Zip Code
or Other ~Iace
21c. Con-~o-Lite Crematory 2~haefferstown, PA 17088
NAMEANDADDRESSOFFACILlTYParthemore FH & CS, Inc.
22c.P.O. Box 431 New Cumberland PA 1
LICENSE NUMBER DATE SIGNED
(Month, Day, Year)
IMMEDIATE CAUSE (Final
disease or condition
resulting in death)---+
o. f'11-.e 1(<4 kh c.. 3/~1- C A
: Approximi:lte
: interval between
, onset and death
Other significant conditions contributing to death, but
not resulting in the u,1derlying cause given in PART !.
DUE TO (OR AS A CONSEQUENCE OF)
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Sequentially list conditions
if any, leading to immediate
cause. Enter UNDERLYING
CAUSE (Disease or injury
thaI initiated events
resulting on death) LAST
E
ou~ TO (OR AS /l CONSEQUENCE OF)'
DUE TO (OR .A.S A CONSEQUENCE OF)
WAS AN AUTOPSY WERE AUTOPSY FINDINGS MANNER OF DEATH
PERFORMED? AVAILABLE PRIOR TO ff
COMPLETION OF CAUSE Natural Homicide
OF DEATH? 0
Accident Pending tnvE'stiga~ion
YesO No Y"sO NoD Suicide 0 Could not be determined
26a. 28b.
CERTIFIER (Check only one)
.f~~J~F~~tGor~~11~~~~eWg~S~~:~hc~~~i~~gaduUs: t~ 8,eea~a~~:~(:r~~c1rJ~x~~~a~s h:t~f~~~~I~,~'~.~. ~~~~~, ~~~ .:?~~~:~~.~, i,t~~ .~~),.,......."....
29.
DATE OF INJURY I TIME OF INJURY
(Month, Slay, Year)
BI
O 300. _ 130b. M.
PLACE OF INJURY. At home, farm, street, factory, office
':lul1dlng, etc. (Specify)
30e.
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED.
Yes 0 No 0
30c.
.P.foOt~~~~~I~fm~Nk~:I:~e;l~e~t~Ho~~~C~:~ ~~i~:j~l~ne~~~~r~~du~~~,d:~:r d~n: t~e~~~~u~e~(~j~~~ ~:~~er as stated..,. ...,.. ,y/
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"MEDICAL EXAMINERlCORONER
On the basis of examination analor Jnvestigation, In my opinIon, death occurred at the time, date. and place, and due to the causos(s} and
manner as stated......................................,..............",.................,............,............... ,......."......, ,...,.......,. ,.....". ......."..., 0
31a.
REGISTRAR'S SIGNATURE AND NUMBER
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In re: Estate of Nel..lie E. Eme1' Deceased.
No. ~\ - 05 --OD~
TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF NON-SUBSCRIBING WITNESS
S. Berne Smith and Joan E. Short, each a subscriber hereto, being duly qualified according
to law, each depose and say that he or she is familiar with the signature of Nellie E. Emert, the
testatrix of the Will presented herewith and that S. Berne Smith and Joan E. Short each believe the
signature on the Will is in the handwriting of Nellie E. Emert, to the best of his or her knowledge
and belief.
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Sworn to or affirmed and subscribed before
me this
day of
S. Berne Smith
107 N. 24th Street
Camp Hill, PA 17011-3602
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LAST WILL AND TESTAMENT OF
NELLIE E. EMERT
I, NELLIE E. EMERT, of Cumberland County, Pennsylvania, being
of sound and disposing mind, memory and understanding and
considering the uncertainty of life, do therefore make, publish and
declare this to be my Last Will and Testament, hereby revoking and
making null and void any and all Wills and Testaments or writings
in the nature thereof by me at any time heretofore made.
FIRST: I direct the payment out of my estate of the expenses
of my last illness if any, my funeral expenses, and my just debts,
the same to be paid out of my estate by my Executor hereinafter
named, as soon as conveniently may be after my demise.
SECOND: I give, devise and bequeath all of the rest, residue
and remainder of my estate and property, real, personal or mixed,
of whatsoever nature and character and wheresoever situate, of
which I may die seized or possessed, or to which I am in any way
entitled at the time of my death, or over which I have any power of
testamentary disposition, as follows:
A. Thirty (30%) percent thereof, in trust, unto the
Trustee of the Trust which I established on this date, naming
myself as Trustee, Joan E. Short as Successor Trustee, and Donald
R. Emert as Second Successor Trustee, with regard to my child,
(i(rbara J. Emert, as part of that Trust for the uses and purposes
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and under the terms and conditions as therein set forth, so long as
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such 'Trust is in existence at the time of my death; and if such
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Trust is not in existence at the time of my death, then I give,
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devise and bequeath this 30% portion of the remainder of my estate
as follows: ten (10%) percent thereof unto my grandson, Daniel E.
Emert, if he survives me, and if he does not survive me, then in
equal shares unto my daughter and son, Joan E. Short and Donald R.
Emert, if they survive me, and if either of them do not survive me,
then unto the survivor of them who does survive me;
forty-five
(45%) percent thereof unto my daughter, Joan E. Short, if she
survives me, and if she does not survive me, then unto my son,
Donald E. Emert, if he survives me, and if he does not survive me,
then unto his issue who survive me, per stirpes; forty-five (45%)
percent thereof unto my son, Donald R. Emert, is he survives me,
and if he does not survive me, then unto his issue who survive me
per stirpes, and if he leaves no issue who survive me, then unto
my daughter, Joan E. Short.
B. Thirty (30%) percent thereof unto my daughter, Joan
E. Short, if she shall survive me, and if she does not survive me,
then unto my son, Donald R. Emert, if he survives me, and if he
does not survive me then unto his issue who survive me, per
stirpes.
c. Thirty (30%) percent thereof unto my son, Donald R.
Emert, if he survives me, and if he does not survive me, then unto
his issue who survive me, per stirpes, and if he does not survive
me and leaves no issue who survive me, then unto my daughter, Joan
E. Short.
D. Ten (10%) percent thereof unto my grandson, Daniel E.
Emert, if he survives me, and if he does not survive me, then in
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equal shares unto my daughter and son, Joan E. Short and Donald R.
Emert, if they survive me, and if either of them do not survive me,
then unto the survivor of my said daughter and son who does survive
me.
FOURTH :
A. If any beneficiary other than my child Barbara J.
Emert is entitled to a share of my estate, but such beneficiary has
not attained the age of twenty-five (25) years at the time of
distribution to such beneficiary, then I give, devise and bequeath
the share of such beneficiary to my son, Donald R. Emert, as
Trustee, IN SEPARATE TRUST, NEVERTHELESS, to hold, manage, invest
and reinvest the share so received and the accumulation of income
thereon, and to use and apply the income and principal thereof for
such beneficiary's reasonable education, including college or any
other formal education or training beyond high
school, without
regard to any other means for such beneficiary's education. When
each beneficiary attains the age as set forth above, such
beneficiary's trust shall terminate and the principal and accrued
income thereof shall be distributed to such beneficiary absolutely.
If a beneficiary for whom a trust is created hereunder dies before
attaining the age set forth above, such beneficiary's Trust shall
terminate, and the principal and accrued income thereof shall be
distributed to the issue of such deceased beneficiary living at the
time of such distribution, per stirpes; and if such deceased
beneficiary shall leave no issue living at the time of such
distribution, then the same shall be distributed, in three equal
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parts as follows:
(1) One such part, in trust, to the Trustee of the Trust
which I established on this date, naming myself as Trustee, Joan E.
Short as Successor Trustee, and Donald R. Emert as Second Successor
Trustee, with regard to my child, Barbara J. Emert, as part of that
Trust for the uses and purposes and under the terms and conditions
as therein set forth, so long as such Trust is in existence at the
time of such distribution, and if such Trust with regard to my said
child is not in existence at the time of such distribution, then
this part shall be distributed equally unto my daughter and son,
Joan E. Short and Donald R. Emert, if they are living at the time
of such distribution, and if either of them are not then living,
then the share of this part which she or he would have received, if
living, shall be distributed unto her or his issue then living, per
stirpes, but if she or he leaves no issue then living, then this
part shall be distributed to the survivor of Joan E. Short and
Donald R. Emert who is living at the time of such distribution;
(2) Another such part unto my daughter, Joan E. Short, if she
is living at the time of such distribution, and she is not then
living, then unto my son, Donald R. Emert, if he is living at the
time of such distribution, and if he is not then living, then unto
his issue who are then living, per stirpes;
(3) The third such part unto my son, Donald R. Emert, if he is
living at the time of such distribution, and if he is not then
living, then unto his issue who are living at the time of such
distribution, per stirpes, and if he leaves no issue then living,
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then unto my daughter, Joan E. Short.
B. Should the principal of any trust established
pursuant to this Paragraph Fourth be or become too small in the
Trustee's discretion so as to make establishment or continuance of
the trust inadvisable, my Trustee or my personal representative may
make immediate distribution of the then remaining principal and any
accumulated or undistributed income outright to the person or
persons and in the proportions they are then entitled to income.
If any such person is then a minor, distribution may be made to the
guardian of such minor. Upon such termination, the rights of all
persons who might otherwise have an interest as succeeding income
beneficiary or in remainder shall cease.
SIXTH: No interest of any beneficiary under this Will or any
codicil hereto or any trust created hereunder shall be subject to
anticipation or voluntary or involuntary alienation.
SEVENTH: I nominate, constitute and appoint my daughter, Joan
E. Short to be the Executor of this my Last Will and Testament. In
the event my said daughter should predecease me, or is unwilling or
unable to serve as Executor for any reason, I nominate, constitute
and appoint my son, Donald R. Emert, as Executor.
EIGHTH: All federal, state and other estate, inheritance and
death taxes payable because of my death, with respect to the
property passing under this Will, including any interest or penalty
which may be imposed thereon, shall be considered a part of the
expense of the administration of my Estate and shall be paid out of
the residue of my Estate before distribution of the residue is
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made, so that all residuary beneficiaries, whether charitable or
otherwise, shall proportionately share in the paYment of the same.
NINTH: I direct and request that any fiduciary under this my
Last will and Testament, shall not be required to enter bond or
security of any nature whatsoever in any jurisdiction in which such
fiduciary may act.
IN WITNESS WHEREOF, I have hereunto set my name and affixed my
seal to this my Last will and Testament which consists of six (6)
pages this 16th day of December,
1992.
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Nellie E.
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V?, t,:; / Vl-{.t. 'el__
Emert
(SEAL)
S.S.#165-38-1397
SIGNED, sealed, published and declared by the above-named
Testator as and for the said Testator's Last will and Testament in
the presence of us who have hereunto subscribed our names at the
Testator's request as witnesses thereto, in the presence of the
said Testator and of each other.
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