HomeMy WebLinkAbout01-24-06
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of' e~I!~/"fA ~ c~/lekr
also known as Ce.<:4 . ~14ekr
e:dc''f {'phil /fJ J'~4P-ler
, Deceased.
Social Security No. 55"1- 5~- 7.3'7fS
No. ~ \ \)("'C \~l~c'\ S
To:
Register of Wills for the
County of CUI'\II s"b-Io..nd in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executrix
in the last will of the above decedent, dated A~u 'It ;(.%
and codicil(s) dated
named
,}I~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decenden t was domiciled at death in {'II hi Je,./",/f eI
h e.r last family or principal residence at , K~".} ibl1i!! Dri ve
Silver .spr/r n~4r ' .
(lIst street, number and munclpalIty)
County, Pennsylvania, with
I11~Gh4nies"(.( "3.:
years of age died
at &:,. 'A".s,",.D 7W.
Exce t as follows, decedent did not marry, was not divorced and did not have a child om or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent 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
situated as follows: AI~#E
$ .s; /fit) t). DII
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and cOdicil(s)
presented herewith and the grant of letters f~~fIJIJ/I'Afll"V
,." ". ".
(testamentary; admInIstratIOn c.I.a.; admInIstratIOn d. b. n. c.I.a.)
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYL VANIA I ss
COUNTY OF CUh1!JE7UAN.J) J
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 titioner(s) and tha personal represen-
tative(s) of the above decedent petitioner(s) will well a ya ini r th tate accor 'ng to law.
Sworn to or affirm~ and subscribed
before me this ~l '-\ day of
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No. ~~).._ \.- "0~ - ~\::,;'\ 5
Estate of
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'~'-:. ~.~~ \\(,5~
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW::S<::.,''''<'''~-\)~ ~\.\ \ ~,,\~,\., '~, in consideration of the petition on
the reverse side hereof, satisfact~y proof having been presented before me,
IT IS DECREED that the instrument(s) dated '\;.'''''''~,~ ':>. ~ , '~<:;:J~, -)....
described therein be admitted to probate and filed of record as the last will of
~ E. ,,~L'\ '\::,. \~, ~ ~~\~~ \C ',(.
and Letters - \~~ ~ '\'\.~~\~\ ~ \<.. \~
..)
are hereby granted to "3.~,t;::." l--. \\ '-\>\, ~ ~ \~ '- \-\
FEES
Probate, Letters, Etc. ......... $ .~~
Short Certificates~) . - . . . . . . ., $ \ \<:> -
Renunc-iatioo .:':~: \'; . . . . . . . .. $ \ S -
-:;,~'~ ~ ~"~'" '\-....", $ \S
TOTAL _ $ ....-, \" .\:f.::.~
Filed ....... ~':--:s~~: .'.~~. ...~)~~.........
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, 0__ , _, ~~~r Of" Wills ,~!:> ~ '~' \.
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ATIORNEY (Sup. Ct. 1.D. No.) 3i'S"13
, C/llt1ser /It!., /J/d~n"cs /'14 1-jJ fJR /70S>
ADDRESS
"'/1- 7~~-~.209
PHONE
Hlrl"yn," rT\' 1/"."
This is to certify that the information here given is correctly copied from an original certifi,:ate (J! death c1ul:; tiled with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for Ill'[ mancnf' "iling.
l:~ \ _' ~~~l \~ -'~ r;:,!; \ ~,i
WARNING: It is illegal to duplicate this copy by photostat or photogrclph.
Fee for this certificate. $6.00
No.
~(~ Uc ,~~
Laced Registrar
p
,
12065182
If e '/ e IY) b-E.t' 'a.~ I Zo c S-
Date
H105. 143 Re\!. 2J67
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
TYPE/PRUd
!N
P~RMA.NENl
BLACK INK
CERTIFICATE OF DEATH
NAME OF DECEDENT (Firsl. Middle, lasl'
SEX
3 551
BIRTHPLACE (City and h ck
State or ForeiQn Country)
Bb r land
DECEDENT'S USUAL OCCUPATION
(~j=~A..~~'f.~~o~U~~~(r:d,'1
B.East Pennsboro
KINO OF BUSINESS J INDUSTRY
11b. County
Cumberland
Did
decadent
li\!ein a
township?
MARITAL STATUS - Married,
Ne\!er Married, Widowed,
Divorced (Specify)
... Widowed ..
Silver
lwp
lB.
FAniER'S NAME (First, Middle, last)
lB. Louis Espinosa
INFORMANrs NAME (Type/Print)
20.. Sheila M. Hench
METHOD OF DISPOSITION
Burial 0 Cremation ~emO\!al from State 0
Other (Specify)
OF F E SE I
DECEDENT'S
ACTUAL
RESIDENCE
(See instructions
on other side)
l1d. 0 ~~~e~~';~:i~ of
cilyfoofO
~
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MOTHER'S NAME (First, Middle. Maiden Surname)
'9. Mary E. LaSalle
INFORMANT'S MAILING ADDRESS (Street, CilyfTown, Slate, Zip Code)
20b 9 Ke stone Drive Mechanicsbur
lOCA liON - CityfT own, Slate, Zip Code
o
r..I,.hoc;k or h"ft',Ul.lr.
23c.
RED TO A MEDICAL EXAMINER ICQAONER?
Yes s' No 0
PART II: Othlitf signifICant COfldilions contributing to death, bul
not resufting in the underlying cause given in PART I
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SequentiaUy list condiboos
if any, Iaadlng to immediale
cause Enter UNDERLYING
CAUSE (Disease or injury
lhatlOlliated evenl5
resulbng on death) LAST
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRIOR TO
Cm..tPlETION OF CAUSE
OF DEA Hi?
I :
-HTN. 0:a'-..Q
,
CA.v
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DUE TO (OR AS A CONSEQUENC!; Of)
MANNER OF DEATH
Natural
)8:'
o
o
DATE OF INJURY
(Month, Day. Yeiirl
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED
Homicide
o
o Vo.o NoD
30a. 30b. M 30e.
o PLACE OF INJURY AI home, fann, &tn~itt. factory, office
hUllding.ele (Specify)
30..
Accident
Pending Investigation
Vo,o
NOD
SuiCide
Could nol be d"Herm;nad
....
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LAST WILL AND TESTAMENT
OF
CECILIA R. SCHAEFER
KNOW ALL MEN BY THESE PRESENTS, That I, CECILIA R.
SCHAEFER, of the Township of Silver Spring, 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 Executrix 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 Executrix 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 children, SHEILA M. HENCH
and DANIEL R. BAILEY, in equal shares, share and share alike, any real estate in the
state of California that I might own on the date of my death, per capita.
THIRD: I give the rest, residue and remainder of my estate to my grandchildren
STEPHANIE HENCH and CRAIG L. HENCH, JR. who shall take in equal shares, share
and share alike, per capita.
FOURTH: In the event that my said grandchildren have not attained their
thirtieth (30th) birthday, then in that event I give, devise, and beq~r~~ unto SHEILA:M~
HENCH (hereinafter "Trustee") in trust for the benefit of my aforesaid grandchildren any
o R:2
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gift, devise or bequest to which they are entitled under this my Last Will and Testament
until they attain their thirtieth (30th) 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 my youngest Grandchild reaches the
age of 30, 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;
(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
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(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
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. .
authorized (but not directed) to accept from the Executrix, at the
termination of the administration of any estate of which any trust
established herein may be the beneficiary, the assets delivered by the
Executrix to the Trustee on the basis of the accounting therefore as
submitted by the Executrix, without requiring an audit or other independent
accounting of the acts of such Executrix. 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 Executrix.
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 Office of the Recorder of Deeds 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, 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
C'R)J
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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 daughter, SHEILA M. HENCH, to be Executrix of this
my Last Will and Testament. I do hereby give to the Executrix 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
and deliver any and all deeds, mortgages, contracts, leases, bills of sale or other
instruments necessary or desirable therefore.
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.
L7~
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IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, consisting of six (6) typewritten pages on the margin of which (except this
page) I have affixed my initials this 22nd day of August, A.D. 2002.
Signed, sealed, published and declared by CECILIA R. SCHAEFER, 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 witnesses.
//~~~
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County of Cumberland
ss.
Commonwealth of Pennsylvania
ACKNOWLEDGMENT AND AFFIDAVIT
We, CECILIA R. SCHAEFER, 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 CECILIA R. SCHAEFER, testatrix, and AMY
KNAUER and BETH MYERS, witnesses, this 22nd day of August, 2002.
avid W. Knau r
Attorney I.D. No. 21582
~ ?:
CECILIA R. SCHAE R
~~J
(Witness)
/~~
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. .
ACKNOWLEDGMENT
On this, the 22nd day of August, 2002, before me the undersigned officer,
personally appeared CECILIA R. SCHAEFER, known to me, (or satisfactorily
proven) to be the person whose name subscribed to the within instrument and
acknowledged that she executed the same for the purpose herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires:
NOTARIAL SEAL
Amy Knauer, Notary Public
Mechanicsburg Borough, County of Cumberland
My Commission Expires Jan. 25, 2005