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HomeMy WebLinkAbout12-07-05 ~\ -~s - '\~\o'\ EXEMPLIFICATION FORM COUNTY OF CENTRE COMMONWEALTH OF PENNSYLVANIA ss: I Roger A. Bierly, , Register for the Probate of Wills and granting Letters of Administration/Testamentary in and for said County, do hereby certify the foregoing to be a full and perfect copy of The Petition for Grant of Letters, The Last Will and Testament and Oath of Non-Subscribing witnesses; As full and entire as the same remains on file and of record in my office at Bellefonte, PA. November Witness my hand and seal of office this 23rd day of A. D., :li29C 2005 - Register Orphans' :-) j....:r, .t-::-:-, j,-.~ ,'".,j' ;--1 I --.l ~::'Tlo 1.0 ", 0'1 Estate of Register of Wills of CENTRE County, Pennsylvania PETITION FOR GRANT OF LETTERS -T;Jr>rf' .5{~ A .fk /0JI?'.Jr/ ! No. 14-05-0/,77 also known as . - (I;7cL/ll}-;J!X; ..) . Deceased Social Security No 3 7(.1- 1 ~/- 2y I( Petitioner(s). who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) ~ A. Probate and Grant of Leller~stamentary and aver thaf Petitione'(s) islare the execut 'c"~ named in the last Will of the Decedent, dated .( - (,-- CJ.> __ and codicil(s) dated_ btate relevant CirCUmstances, e.g. rem.nclatloll, oeam OJ execufor, etc. Except as follows. Decendent did not marry, was not divorced, and did not have a child born or adopted afte' execution of the documents offered for probate; was not the victim of a killing and was never adjudicated Incompetent: '-J B. Grant of Letters of Administration ~---lQl5:rrc~ta; penOeme IIle; durante aosentla:aurante mlnomale Petitioner(s) after a proper search has/have ascertained that Decendent left no Will and was survived by thelollowing spouse (if any) and heirs: I Name Relationship Residence I (COMPLETE IN ALL CASES:) Mach additional sheets II necessary. Decendenl was domiciled at death in ~~.. County, Pennsylvania, with his/her last lamily or principal residence at :'/ . -;" 'LL'" <:. fir,--; ;(t/ ij(,. J..:;.-" f M-J ~i Ir(,: ( ,I:;'" , (list street, number and m lCipalltyj ,/ Decendent, then I'L_ years of age, died _ Cc: '/ / 0 ~ r al 1v!J'kr- ('~: Jl';c:)k~l, /~ (location) Decendent at death owned property with estimated values as follows: $ ~~ -~({!~f!IQO $ $ (I' domiciled in PAl (If no! domiciled in PAl (If not domiciled in PAl Value of real estate in Pennsylvania situated as follows: Ail personal property Personal property in Pennsylvania Personai property in County $ I C't; CiOO.CI (") Wherefore, Petitioner(s) respectfully 'equest(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: Form .RW-1 Page 1 of 2 Prepared by the Pennsylvania Bar ASSOCiation 1991 jt/3 c;5J- c.o") ~,_j'l --.l '.D ('..) 0') Oath of Personal Representative Commonwealth or Pennsylvania County or CENTRE 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 of Petitioner{s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer ~7tate aCCO~ding to law. Sworn to or affirmed and subscribed )C. ~~ before me this 15th day of CJ NOVEMBER li 2005 l!t71A-- ~ ~ ~ ~~ ~ ., 7~/' :A'~~~, or t e eglster No. 14-05-0477 AND NOW, Estate of Social Security No: November 15 THERESA A. HELLMOLDT Deceased 374-24-2811 Date of Death: 10/10/2005 ,~ 2005 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters Q9 Testamentary 0 Of Administration d.D.n.c,t.a.: ptM'tCIenle tt.: O\J(Arne .oaenlia: QJraMe mlno1llilte are hereby granted to GEORGE H. SHERMER and LILLIAN R. SHERMER in the above estate and that the instrument(s) dated 07 I Ofi I ?no Ii described In the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ...........,........... $ Short Certificate(s) ....I $ Renunciation ............. $ AHidavits ( ) .............. $ Extra Pages ( ) ......... $ Codicil....................... $ JCP Fee .................... $ Inventory ....",............ $ Other ..............,.......... $ TOTAL ..,.........,'......... $ tlJS.OO S"'.OO ~ ~<< 131;~ Register of Wills Attorney: NONE OF RECGRD I.D.No: Address: //J, tlf1 Telephone .:t3Q.00 (J, -f" Form ilAW.1 Page 2 of 2 Preparing by the Pennsylv8llle Bar Asaociation 1991 - ) :--......, C-:'""'l t"".,:') 'oj: -..l -'"':-, r0 c/, .. . " '. ' LAST WILL AND TESTAMENT OF THERESA A. HELLMOLDT I, Theresa A. HeIlmoldt, of Camp Hill, Pennsylvania, County of Cumberland declare this to be my Last Will and Testament, hereby revoking all prior Wills and Codicils. FIRST: I wish to be buried by way of cremation and direct that my ashes be scattered in the Pacifica Ocean in Santa Cruz, California, I direct that the expense of my funeral be reimbursed out of my estate, SECOND: All my personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible and intangible personal property of every kind, and insurance thereon shall be sold and the proceeds from the sale of these items I give fifty percent (50%) to my Sister and her Husband George and Lillian Shermer and the other fifty (50%) percent to my daughters Mary Ann Kroeger and Frances Herrmann to be divided equally between them. In the event that both George & Lillian Shermer predecease me and both of my daughters predecease me then I leave the remainder of the property of my estate shall inure to the benefit of my Daughters' Issue to share Per Stirpes Right of Representation. If George or Lillian Shermer predecease me then that persons share shall inure to the swvivor as between them. If one of my daughters predecease me that persons share shall inure to the benefit of the other daughter's issue Per Stirpes Right of Representation if no issue are existing then that daughters share shall inure to the benefit of the swviving daughter. THIRD: I give the remainder of my estate including any real property I own at the time of my death shall be sold and the proceeds from the sale I give fifty (50%) percent to my Sister and her Husband George & Lillian Shermer and fifty (50%) percent to my daughters Mary Ann Kroeger and Frances Herrmann to be divided equally between them. If my Sister and her Husband and both of my daughters predecease me then I give all of the remainder of my estate to my chilrens' issue to be divided Per Stirpes Right of Rpresentation. If George or Lillian Shermer predecease me then that persons share shall inure to the swvivor as between them. If - 1--') r~, (--.~ , I -.....; t .:_~) r~,..) 0'> one of my daughters predecease me that persons share shall inure to the benefit of the other daughter's issue Per Stirpes Right of Representation if no issue are existing then that daughters share shall inure to the benefit of the surviving daughter. ADOPTED AND AFfERBORN PERSONS FOURTH: This will shall not be modified by the birth to or adoption by me of any child under the age of 18 years, but references herein to my "children" or "issue" shall include any such child. In the construction of any device or bequest herein to any person or persons described by relationship to me or to another, any person adopted when under the age of 18 years, whether adopted before or after my death shall be considered the "child" and "issue" of his adopting parent or parents. ARTICLE 5. APPOINTMENT OF EXECUTORlEXECUTRIX FIFfH I appoint my Sister and her Husband George and Lillian Shermer to be the executors of my estate. In the event my friends are unable or unwilling to serve in this capacity I appoint my daughters Mary Ann Kroeger and Frances Herrmann as executrixs of my estate. PROTECTION OF BENEFICIARIES SIXTH: No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. Provided, however, any beneficiary may assign any part or all of the beneficiary's interest in my estate to anyone or more of my descendants or to anyone or more of the beneficiary's descendants. MINORS AND INCAPACITATED BENEFICIARIES 2 . MINORS AND INCAPACITATED BENEFICIARIES SEVENTH: If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, my executor or executrix as trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. My executor as trustee shall be entitled to make direct application hereunder or to make application by payment of income and principal to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be distributed to such person upon the termination of minority or incapacity. My executor as trustee shalI have the same powers as my executor and shall serve without bond. PAYMENT OF DEATH TAXES EIGHTH: All estate, inheritance and other death taxes, together with interest and penalties on them, payable with respect to property or interests (subject to taxation by reason of my death and whether) passing under my wilI or any codicil thereto, (or otherwise,) including jointly held and other non-testamentary property, shall be paid out of the principal of my residuary estate without apportionment. POWERS OF EXECUTOR NINTH: I confer on my executor(s) the right to selI or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments, and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called 3 - "legal investments"; to make distribution in cash or in kind; to allocate to any beneficiary property different from the property allocated to another beneficiary as the executrix using fair market values on the date of distribution deems appropriate; and to do all other acts and things necessary or appropriate in the management, administration and distribution afmy estate. APPOINTMENT OF TRUSTEE AND GUARDIAN OF ESTATES OF MINORS TENTH: I appoint my Sister and her Husband George and Lillian Shermer ,as my executors, as guardian of the estates of minors with power to hold all property payable by law to a guardian appointed by my will and to use it for the minor's health, maintenance, support and education, either directly or by payment to any person selected by my executor to disburse it whose receipt shall be a complete acquittance. The Guardians may, in discharge of all the Guardian's duties, pay any minor's share deemed impractical of administration to the parent or other person in charge of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. My executors as guardians shall have the same powers as my executor, and shall serve without bond. If my friends are unable or unwilling to serve in this capacity I appoint my daughters Mary Ann Kroeger and Frances Herrmann as Executrixs of my estate. . INTERCHANGEABILITY OF LANGUAGE ELEVENTH: Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. HEADINGS TWELFTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no legal significance. 4 . ----...---.-."-------. -----.- -------------_._----~ I I have signed this will this L day of #. / - ~ ~t:{.~tt Theresa A. HellmoIdt . ,. ,2005. (Witness) (Address) (Witness) (Address) 5 COMMONWEALTH OF PENNSYL VANIA, COUNTY OF ss.: 175-48-7338 ACKNOWLEDGMENT & AFFIDAVIT I, THERESA A. HELLMOLDT, the testator in and the undersigned witnesses to the will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the testator, 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 testator sign and execute the instrument as her will, that she signed it willingly and 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 a witness and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. /" /'p I Ii c0,~~. lt~ Theresa A. Hellmoldt, Testator ~- Witness 7; () (.,.L., eLL ILl ~ fU IA- fJo 'I Address Witness Address Sworn to and subscribed before me this if K daYOf~ 2oo~A ~N.toryP.bU~ My commission expires: NoIarial Seal . Judith A. Skoda, NolaJy Public East Pennsboro'fW!l., Cumberland County My ComrlJlaslon Expoee Oct 22, 2005 Member. PemsyI\I8llI8As&ooalior1 Of NoIaneS 6 - RIoI 21-3 REGISTER OF WI LLS OF CENTRE COUNTY OATH OF SUBSCRIBING WITNESS 'It ..... ........".. ...... It. ,.".,,,.,, ,.. ...... II" II.'''"" ....".. ... ........" codicil (each) a lublcribing vitnell to the will presented herswith, (each) bains d~ly qualified according to lav, depose(s) and aaY(I) that. ......... preslnt and .aw ........................................... the telt.tlt.... s1gn the .... and that ..... 11gned as a vitneas at the requelt of te.tat..... in h..... prelenCI and (in thl presence of each other) (in the prelence of the witness (ee)). other subscribing Sworn to or affirmed and aubscr1bed .............""..... lit It' It.. It ,... .., t "' (Name ) before lIIe this ............. day of ..... It"..... It"." I.."...,,, ttt." ,........" """"""...."""""""""......""...... .19....."...." (Address) ".".,.. ..." .1.. 1t.'..I..".."""..o6".., 'I.' It.. It. I."".. ..." ,It ..." .... I' lit ". ,." '.t Deput!! RfJfJ~stel' (Name) .. I.... ..... It.."""" I' It ."" "'t'" II""... ,." (Address) REGISTER OF WILLS OF CENTRE COUNTY OATH OF NON-SUBSCRIBING WITNESS FRANCES R. HECKERT ...... ............ ...,..... 1.1'... ......1 It It It ........ I. ". II ... It I...... II.. (esch) . subscriber hereto, (each) being duly qualified according to lav. depose(s) d () h .j{lt' I) f--'l1 1 h th 1. flf "1"<3"- Ii W~II""clol-t an lay I tat. . . . . . . . . . . . -.a.a. ar v t .. gnature 0 . ,I? . . . .. . . . . . , : . . . . . . . . . CO~1 1 testatf.~.. of (one of the aubscr1b1ng witnesses to) the will presented here- f., cadi with and that . ..~..'.... beHeves the atgnature on the ~i~.!~ 11 in the handwrit- ing of 1b,e.v.<;-,.~ l~,1h:-{,;".c,i.J.C to the beat of ..6ff..... knowledge snd bellef. Sworn to or sfflr~ed and subscribed J I-f+G before me this ............. day or ~ 1[;1)"- - I~ . .... .""(,5 . JI\Jj,~;-H*(j;~'r .........~. .....~,,~,'(... ~dr' ....'I-t\. .... ~ _', Deputy Reg tel' ~ . :! :j' '-- '/ . , \ l' ;l"'~~~' f. . ~{~,=-- S..SF,-,; .,., .. II.... It "'1 II........ II t.l, II...... (Holme) ,')(:=,- er-.Q,~,t"., f!o_~'--. i)i-', ;,-": I' ...... I..... II.......... t II' _........... (Add resa) . II ..,. 11.1... I" II..... II... I' It'.. t.... (Name) ... 1'1.1" II' ,..... It. .,. '..',.'..",.... (Addr~n) '~-1 . J " ~, ~"-. ..'.) , "l --' ~,..::} r-...) 0') PROBATE CERTIFICATE CENTRE COUNTY, ss: I, Roger A. Bierly , Register for the Probate of Wills, and granting Letters of Administration, in and for said County of Centre, do hereby certify that the above and foregoing is a true and correct copy of the Last Will and Testament of Theresa A. Hellmoldt late of Halfmoon Township deceased. As the same was duly proven before me this day and remains of file and on record in the Register's Office of Centre County. IN TESTIMONY whereof I have hereunto subscribed my name and attached the seal of my said office, at Bellefonte, this 23rd day of November 2005 , i " " --; ..,..., I r".,) o~ (.O\lnt~' of ([[eUlle ~ -r--.,_) (--::-) -.--. ~_. -., SHORT CERTIFICATE COMMONWEAL TH OF PENNSYL VANIA } }SS. COUNTY OF CENTRE } (..." FILE NO. 2005-0477 I, ROGER A. BIERLY, REGISTER OF WILLS IN AND FOR THE COUNTY OF CENTRE, IN THE COMMONWEALTH OF PENNSYLVANIA, DO HEREBY CERTIFY, THAT ON THE 15TH DAY OF NOVEMBER, 2005, LETTERS TESTAMENTARY ON THE ESTATE OF THERESA A HELLMOLDT DECEASED, WERE GRANTED TO GEORGE H SHERMER, LILLIAN R SHERMER HA VING FIRST BEEN QUALIFIED WELL AND TRULY TO ADMINISTER THE SAME. AND I FURTHER CERTIFY THAT NO REVOCATION OF SAID LETTERS APPEARS OF RECORD IN MY OFFICE. DATE OF DEATH: 10/10/2005 SOCIAL SECURITY NO: 374-24-2811 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 23RD DAY OF NOVEMBER, 2005 J ,f>W{j! JiZltu,) i~ RO R A. BIERLY J/) REG TER OF WILLS NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL . A I, CHARLES C. BROWN, JR., President Judge of the Orphans' Court Divisi~n of the Court of C~mmon Pleas ~f Centre County (49th Judicial District) do hereby certify that Roger A. Bierly, by whom the annexed record certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Orphans' Court Division in said County, was at the time of so doing and now is Regis.ter of Wills and Clerk of the Orphans' Court Division of the Court of Co~~on Pleas in and for said C~unty of centr~ in the.co~monwealth of pennsylvania, duly commissioned and qualixiedi to all of whose acts as such, full faith and credit are and ought t~ be given, as well in Courts of Judicature as elsewhere, and that the said record, law and ~ade by the proper officer. COMMJNWEALTH OF PENNSYLVANIA SS: COUNTY OF CENTRE I, Roger A. Bierly, Register of wills and Clerk of the Orphans' Court Division of the Court of Common Pleas of Centre County (49th Judicial District) do certify that the Honorable CHARLES C. BROWN, JR., by who~ the f~regoing attestation was made, and who has thereunto subscribed his na~e, was at the time of making thereof and still is president Judge of the Court of Common pleas in and for said County, duly com~issioned and qualified: to all of whose acts, as such, full faith and cre~it are and ought to be given, as well in Courts of Judicature as elsewhere. \..0 '... '~,j IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this 23rd day of Novemb=._ A.D. ff-2,O.OS 1 . 1 . t*- ') , /f (' J wills and Cler f the Orphans' urt Division of the Court of COmmon Pleas of Centre C~unty (49th Judicial District)