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Home My WebLink About06-15-06 - ;- . Register of Wills of Cumberland County Estate of DARLENE S. HERR also known as PETITION FOR PROBATE and GRANT OF LETTERS C. T. A. d ~ to r 053 ) No. To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Social Security No. 198-38-5275 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/:m:c 18 years of age or older, and 1he2eXBCUt_ K~ the last will of the above decedent, dated DECEMBER 19, 1989 , . ~Ki:c~~~names her husband Frank M Herr Executor but Frank M Herr died on January 16 2006 and the successor named in the Will Valley Bank and Trust Comoany now by merger M & T Bank has renounced its right to Letters Testamentarv and the other residuary heir Freddie F. Herr, has also renounced. (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in BOROUGH OF CARLISLE, CUMBERLAND Pennsylvania, with h~last family or principal residence at 525 FIRST STREET, CARLISLE, CUMBERLAND COUNTY. PA (list street, number and municipality) County , Decedent, then ~ years of age, died FEBRUARY 7 , 20~, at MANOR CARE HEALTH SERVICES Except as follows, 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: NONE Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 0.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ 0.00 (If not domiciled in Pa.) Personal property in County $ 0.00 Value of real estate in Pennsylvania $ 30,500.00+/- situated as follows: 1/4 interest in a 2-storv frame dwellina house bank barn and mise outbuildinas situate on approximately 127.7 Acres of land in Sprina Township. Snyder County. PA. and beina desianated on the Snyder County Tax Assessment Maps as TM-17-09-04. Title of record in Snyder County Record Book 461, Paae 596. WHEREFORE, petitioner(:s:) respectfully request( s) the probate of the last will ~ presented herewith and the grant of letters of administration cum testamento annexo (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. .~,?s~,=etitioner(S) Residence(s) ofPetitioner(s) 362 E. DERRY ROAD, HERSHEY, PA 17033 ~ s {, :c: I'''.,' S' !' .I ,. Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA SS: } 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(x) and that as personal representative(x) of the above decedent petitioner(x) will well and truly administer the estate according to law. , /~ :-~~~~ ..-- /~",.".,.~:/~ t .. ~_-7'!: /L (,7 //. C-:C~ FRANKIE H. HERR Sworn to or affirmed and subscribed Before me this 15th day of June, 2006 { f/J dei' :::s el- l:: ~ ~ I J '1 0.;1 /) ~ tJe.( (/7Jq"ALJ f.L~ 1 Reglsl r No. J (-.f) t -0 [;-3J Estate of DARLENE S. HERR , Deceased DECREE OF PROBATE AND GRANT OF LETTERS C. T. A. AND NOW JUNE 15, 20~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated DECEMBER 19, 1989 , described therein be admitted to probate filed of record as the last will of DARLENE S. HERR ; and Letters are hereby granted to FRANKIE H. HERR FEES Probate, Letters, Etc. ............. $ Will ................................. $ Renunciation......... ~.......... $ Short Certificates ( )............ $ J CP . . . . . .. . .. . .. . . . . .. . .. . . . . .. . . . . .. $ $ $ $ Automation Fee.. .. .. .. .. .. .. .. ... 2-end.............................. ... Filed Total JUNE 15, 2006 x!jJ..e,'1'lria, ~tU'V ~{lf}(!J14~'( L. . ' RegIster o~W ,/2,; A ,f 1" t!" 4 / (' /)~ " c. ( / . c,' ( l I U :~/'tJ /...? r- q O.vV ~LARK.E QUIRE(ID#07661) 7' 150V / l-t'\1 4. ~rV /1) 'V .5 . ,,,') Attorney (Sup. Ct. I.D. No.) 431 EAST MAIN STREET, P. O. BOX 57 MIDDLEBURG, PA 17842 Address 570-837-0091 ~ l1LI Phone S 71 :8 I;"} S! RENUNCIATION IN RE: EST A TE OF DARLENE S. HERR, deceased TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA. I, FREDDIE F. HERR, son of Decedent, hereby renounce my right to administer the aforesaid Estate and respectfully ask that Letters of Administration de bonis non cum testamento annexo be issued to FRANKIE H. HERR, remaining child of Decedent. Witness my hand this 'J.- day of Jell?.e ,2006. ~~ ~DDIE F. HERR 10830 Apartment 31 Downsville Pike Hagerstown, MD 21 740 STATE OF !~~~0blA:0-..... COUNTY OF hl..a_-f\~( ~ (\ On this ~ t\d day ofT lJ.-1\.A.- ss. ,2006, before me a Notary Public, the undersigned officer, personally appeared FREDDIE F. HERR, known to me (or satisfactorily proven) to be the person whose name is subscribed to this Renunciation, and acknowledged that he executed the same for purpose stated therein. ~l./i~~ 7. h, :P _4 ,J SI H/HER-D.REN.Fred GDB(TCC-9541A) 'jl-O&rOS31 RENUNCIATION IN RE: ESTATE OF DARLENE S. HERR, deceased TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA. Valley Bank & Trust Company, now by mergers M & l' Bank, hereby renounces the Bank's right to administer the aforesaid Estate and respectfully asks that Letters of Administration de bonis non cum testamento annexo be issued to Frankie H. Herr, son of Decedent. Witness my hand this Itj/1i day of k/!/L , 2006. ATTEST: M & l' BANK --d ~~~--- t/f!2 Secretary BY: 7ik9ddi . .' //j--~ Trust Officer COMMONWEALTH OF PENNSYLVANIA: ,~.". /' ss. COUNTY OF-CUMBI:RLAND. F,RAN~/V On this the ~ day of kte/L- ,2006, before me a Notary Public, the undersigned officer, personally appeared M.AI :JCII/fLL vi> , who acknowledged him/herself to be the Trust Officer of M & l' Bank, and that he/she as such, being authorized by such corporation to do so, executed the foregoing Renunciation for the purposes therein contained by signing his/her name thereon as such. IN WITNESS WHEREOF, I have hereunto set my hand and Notari,al seal. -.,) . /, - .J1 fAt,. :-r- (A~.ilA; A. I-.YO'/Llk ,',r) ~ ' .~~ ~J ',:'1 c." -'. ,,-, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Vickie L. Bonitz, Notary Public "7 11 . 0 I, '., ~:J c \ r ,1. n r S J G l Chambersburg 8oro, Franklin County (. .;.) - .: 1., My Commission Expires Oct, 29, 2009 Member, Pennsylvania Association of Notaries H/HER-D,REN GDB(TCC-9541 A) 2 i - () 0- oS'S\ lI' i~, to certify that the information here given is correctly copied from an original certificate of death duly filed with me as L Il ,tI 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. p 1132~Je77 No. I'" I 11111/""'"",,,.,,... ,\'III"~~F PEi:---__. \l~ . ~4'~. \ t~_~ ... \~l ~_,"'. \?~ ::~i. __ ,~-;:: ~~\ :f;,ii:~ ... \ - . - " , ~ ~ *...~ ' .~" ,* ~ ~ &.~ . -,.....-. /~/ ....~" .' /~ ,I ~ :f4~/&...~l' ---.., IMENl \)\ ~ "", ''''''''''''''N/HII"IJI11' , ll.:-\\. ~~~~ Local Registrar Fee for this certificate. S6.00 () c;<;:>, fE:B'c 9 . .... .~'- -~-_. I r--' ~ c:,') c""" -n ;'1 ; , ") .-'-'), .......j '- 2095 Date-I:! Ui ,,,I i~: 0) -:"':'-# ,.,-"" C) - ..... N H105.143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER TYPE/PRINT IN PERMANENT BLACK INK ~I 3. 198 38 - DATE OF DEATH (Month, Day. Year) 4, Feb. 7, 2005 1, AGE (lasl Birthd.y) NAME OF DECEDENT (Firs( Middle. l.st) Darlene s. Herr SEX SOCIAL SECURITY NUMBER BIRTHPLACE (City and Stale or Foreign Country) nl n i I . 5,58 COUNTY OF DEATH Yrs. Residence 0 ?~~fyl 0 RACE - American Indian, Black, White, at . (Sp.cify) 10, Whi te SURVIVING SPOUSE (II wile. give maiden name) stCumber land DECEDENrs USUAL OCCUPATION (~7:o~1n;~::~ ~ :;:,~:=git Frank Herr Iwp. Carlisle Cltylboro, " Sequentially list conditions b . if any I leading to immediate I' " cause. Enter lINDERl YlNG CALISE (Disease or Injury c, .. th/!lt initiated events resulting on da.th ) LAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF TH? E.. \~\N'n'-<- LA (Lc.t'I-JO 1M- A- Urz;~::ok () F l..-11 (L IJ DUE TO (OR AS A CONSEQUENCE OF); 26. . Approx:imate : inlervsl between : onset and death 27. PART I: Enter the dla'._..lnJurl.. Of complication. wt\k:t\ CAU tM tt.ath. Do not Ant., thII mode of dylnliJ, such.. rdlac or ....plr1ltory arreet. shock or he.rt f.llure. Uat Dnly one cau.. on ..ch Una. DUE TO (OR AS A CONSEQUENCE OF): "- -J Yes 0 No Yes 0 NoD Accident Suicide D D Pending Investigation Could not be determined DATE OF INJURY (Month, Day. Year) D D o TIME OF INJURY INJURY AT WORK? DESCRIBE KOW INJURY OCCURRED, MANNER OF DEA TK Natural Homicide Vo. 0 No 0 2S.. 2Sb. CERTIFIER (Check only ono) .~~~'7.~~tGJ~~\~~~3gh~~~h~~~~~lJ:: g:~a=~(=)~~: ~~:a~.h:t~f~~~~~.~.~.~~~.~~~ .~~!~~~.~ .i.t~~.~~.)...... ... ......... 29. 30.. 30b. PLACE OF INJURY - At home. farm, street, faclory, office building, etc. (Specify) 30., >- Z W CI W U w CI u. o ~ z 31b. LICENSE NUMBER .P:oO~~~~I~~m~N~;~:J1g~:;:t~~~~~~~~~l:i~:::-n.~d~t.r~~~~~~.~~~hd~edt~e~~~~u~e~(~):~~<<;::~Jera. stated........ ............. 0 31c. \NtD{)~S q C. 31d."L~ 1- 'lueS:- NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEA TK "MEDICAL EXAMINER/CORONER (lIem 27) Type oqPri,p1 '" ,c _AJO.J"O ,"" S ""T'1 HAh l.. \:>-\- On the basis QfexamlnaUon and/or Investigation. In my op\nlon, death occurred at the time, date, and place. and due to the cauBe8(s} and 'I1''''''ft.>S:C f'I. 0" U!~ lc.;-- -- 'i_ ;:. , ( \ _.....-- ~ 31omann.ra. .t.t.d""""""."...""."."....".....""""".",.""""."""""..."""""..."."..""...",...""".""..,.".",."."""""."""."" 0 32, ~~i.J; L c:- \ \' A. \10 ( ~ REGISTRAR'SSIGNATUREANDNUMBE~,~. ~~~-t;~ ~llldJ llOl ::TEFIlED(MOn'h.D\:,~~. , J1 5- ':2 81-()b ~ :;/ ~ . ' JEast ltilUI aub Qr~stam~nt I, Darlene S. Herr, of 6141 Jack Road, Saint Thomas, Franklin County, Pennsylvania, being of sound mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking and declaring null and void any and all wills and codicils by me at any time heretofore made. FIRST: I direct my Executors to pay my just debts, the expenses of my last illness and my funeral expenses. SECOND: I give, devise and bequeath all of my estate of whatsoever nature and wherever situate to my husband, Frank M. Herr, if he survives me. Should my husband, Frank M. Herr, fail to survive me, I give, devise and bequeath all of my aforesaid estate in equal shares to my sons, Frankie H. Herr and Freddie F. Herr, if they survive me. Should either of my sons predecease me, his share shall be distributed to his issue, per stirpes, if any, surviving me. In default of any such then living issue, his share shall be distributed to my other son, surviving me. Should my sons fail to survive me and there be no issue of them or mine surviving me, all of my aforesaid estate shall be distributed as follows: A. One-fourth (1/4) thereof to The Church of the Open Door, Chambersburg, Pennsylvania. B. One-fourth (1/4) thereof to American Ministries to the Deaf, Browns Mill Road, Chambersburg, Pennsylvania. C. One-eighth (1/8) thereof to my husbandi~~l:>:rother, S -:"1 ,.,.~ l:',~ (, 1 ~ , \ " . Page 1 of a Five Page Will 02 r 0 k; i' -;-). Donald Herr, presently residing in Elmhurst, Pennsylvania, if he survives me. D. One-eighth (1/8) thereof to my sister, Glenda Thomas, presently residing in Mount Holly, Pennsylvania, if she survives me. E. One-eighth (1/8) thereof to my brother, Dale Thomas, presently residing in Millersburg, Pennsylvania, if he survives me. F. One-eighth (1/8) thereof to my brother, Michael Thomas, presently residing in Harrisburg, Pennsylvania, if he survives me. THIRD: In addition to the powers conferred by law, my Executors and Guardian shall have the following discretionary powers: A. To retain as part of my estate any and all property received hereunder, which shall specifically include the authority to retain any stock in Valley Bancorp., Inc. without liability as a result of such retention. B. To invest and reinvest the principal of my estate in stocks, bonds, mortgages, securities or other property, real or personal, without being limited to the classes of securities or investments in which fiduciaries are by law authorized to invest funds. c. To sell, exchange, lease, encumber, option or Page 2 of a Five Page Will . . . otherwise dispose of all or any portion of my estate. real or personal. in such manner and upon such terms and conditions as shall be deemed advisable. and to make, execute and deliver deeds. mortgages, leases, assignments and other documents necessary to effectuate any powers herein granted and which shall specifically include the authority to grant leases extending beyond the period authorized by law. D. To make distribution of my estate in kind, in cash. or partly in kind and partly in cash. and to this end. allocation of assets in kind shall be in the sole discretion of my Executors. FOURTH: I direct my Executors to payout of the principal of my estate. all federal estate. state inheritance. estate and succession taxes imposed upon or with respect to my estate or any property in which I may have an interest. including any property not forming a part of my testamentary estate. but included in my gross estate for tax purposes. in such manner as my Executors. in their sole discretion. shall deem advisable; and no such taxes or any portion thereof so paid shall be collected from or paid by any other person. persons. or corporations by way of reimburse- ment. proration. apportionment or otherwise. FIFTH: I name and appoint my husband. Frank M. Herr. Executor of this. my Last Will and Testament. Should my husband. Frank M. Herr. fail to qualify or cease to act as Executor. I name and appoint Valley Bank and Trust Company. Chambersburg, Page 3 of a Five Page Will Pennsylvania. Executor of this. my Last will and Testament. SIXTH: I appoint Valley Bank and Trust Company. Chambersburg. Pennsylvania. as Guardian of any property which passes to a minor and with respect to which I am authorized to appoint a Guardian and have not otherwise specifically done so. granting it in this capacity the power and the authority to disburse to or for the benefit of the minor wards so much of the income and the principal of the minor's share of the said property as it. in its sole discretion. deems advisable for the minor's comfort. maintenance. support and complete education. including preparatory. college or professional training. and to aid the minor in the event of any illness. injury or other emergency affecting the minor wards wherein money is needed. Any disbursements hereinabove authorized may be made to the parent. guardian or such other person as may have custody of the person of that minor at the time such payments are made. without liability on the part of Valley Bank and Trust Company to see to the application of said payments by the payee. and the receipt of any such person shall be a full acquittance of Valley Bank and Trust Company as to any amount so paid. IN ~TN}SS WHER~. I have hereunto set my hand and seal this ,~ day of' ~~-P~___ . 196f'. fJUA.k~~_ ~. /L-L Darlene S. Herr ~,NE NE~SSS:, A A ,/ . ~/~~w (SEAL) A~"! '.) ~.. (I I'<!L./ ---- ....-/..., (/ P ~t~-7nJ2jt/...- . Page 4 of a Five Page Will