HomeMy WebLinkAbout06-29-06
PETITION FOR PROBATE and GRANT OF LETTERS
Social Security No.
194-66-1239
No 21-06- 511lo
To: Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Estate of
also known as
Melissa M. Rohrer
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the executrix
in the last will of the above decedent, dated Feb.25,2002
and codicil(s) dated N/A
named
(state relevenat circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland
with her last family or principal residence at
8 Cedar Street, Lower Mifflin Twp., Newville PA 17241
(list street, number and municipality)
Decedent, then 38 years of age, died June 12,2006
at 1484 Center Road, Lower Mifflin Twp., Newville PA 17241
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: No Exceptions
County, Pennsylvania,
Decedent 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:
$ unestimated
$
$
$
Total:
unestimated
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
(testamentary; administration c.t.a.; administration d.b:.~).c.t.a.)
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UATH ut' P~K~UNAL K~PK~~NTATIV~
COMMONWEA TLH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
N
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to Of affirmed ~d subscribed 1u ~U ~'^ ~ rt~~
before me thiS c2~ aayof C
June 2006
,~~.,,~,. f", ,'SbfxnrJ<-<' . 't l"~~~Register
No. 21-06- (h)'ll.1)
Estate of
Melissa M. Rohrer
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
~
AND NO" 1 c-..J) - ~~ 20 C,,'\..o , in consideration of the petition on
the reverse side ereof, satIsfactory proof havmg been presented before me,
IT IS DECREED that the instrument(s) dated_ Feb.25,2002
described therein be admitted to probate and filed of record as the last will of
Melissa M. Rohrer
and Letters Testamentary
are hereby granted to Joyce Ann Anderson
FEES
Probate, Letters, Etc. $ ~ . Ol--:>
Short Certificates13) $ \ ~ - uu
Rellum.:ialiull Lo...Y--J-l $ ~. <\' _ 1.."0
..J C ,? $ Ie. .:.Fe
Cv~..~.,.;;;:::-t'~.,~ 5. v~)
Total $ l.o,;;l. - elL:>
Filed. ~J;),c:1 Lc\Q................
~ ~<a~
. .. ister~IS7 ~^ . vb
Stephen D. Tiley 32318
ATTORNEY (Sup. Ct. J.D. No.)
5 South Hanover Street
Carlisle, Pennsylvania 17013
ADDRESS
(717) 243-5838
PHONE
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LAST WILL AND TEST AMENT
OF
MELISSA M. ROHRER
I, Melissa M. Rohrer,. a resident of 1484 Center Road, Newville, Cumberland County,
Comm<:mwealth of Pennsylvama 17241, do hereby make, publish and declare this as and for my
Last WIll and Testament, hereby revoking and making void any and all Wills and Codicils by me at
anytime heretofore made.
FIRST
I direct the payment of my just debts and funeral expenses as soon after my death .,as mar')
be convenient. , ,c.)
I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance taxes, and ';
generation-skipping transfer tax payable as a result of my death, not limited to taxes attrib!$ble to:
property passing under this Will, shall be paid by my Executor from my residuary estate~ I direct ~::;
my Executor not to seek reimbursement for any tax so paid from any beneficiary under this Will,
heir of mine, or other transferee of property included in my gross estate. I make this direction
knowing that the Pennsylvania inheritance tax rate for my stepson is presently greater than the rate
for my son.
;-,
SECOND
I declare that I am the widow of Gerald F. Rohrer. I had one child prior to my marriage to
Gerald F. Rohrer, to wit: Robert S. Hostler, a son born January 7, 1988. My deceased husband
had a son born prior to our marriage, to wit: Adam F. Rohrer, born December 17, 1988. Although
not adopted by me, I have always considered my stepson Adam F. Rohrer like a son to me and, as
nearly as possible, I desire that he be treated equally with my son Robert S. Hostler.
THIRD
All the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever
the same may be situate, I give, devise and bequeath, in equal shares, per stirpes and not per capita,
unto such of my children and my stepson Adam F. Rohrer as shall survive me by ninety (90) days,
but should any of them fail to so survive me then the share such deceased child or said stepson of
mine would have received shall pass to such of his or her issue as shall survive me by a period of
ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the
remaining share or shares; Provided However, that if any child of mine or my said stepson, or any
issue of any child or said stepson, shall be under twenty-one (21) years of age at my death, the
share of my residuary estate that that child or said stepson or issue shall be entitled to shall instead
pass in trust as set forth in paragraph five (5) of this Will. At the present time I have one child, as
aforementioned, and therefore, at the present time my estate would be divided into two shares, one
for my son Robert S. Hostler and one for my stepson Adam F. Rohrer.
In the event that neither my said stepson nor any child shall survive me by the aforesaid
period of ninety (90) days, nor the issue of any of them survive me, I give, devise and bequeath all
the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same
~ may be situate, to my sister Joyce Ann Anderson.
!~ FOURTH
"'1--\ Should any child of mine survive me who is less than twenty-one (21) years of age, and
-! .,::-J should the fa~her of that child predecease me, then in such event, [ nominate, constitute and appoiur
,:~,~ my sister Joyce Ann Anderson, as Guardian of the person of such child of mine.
~ FIFTH
LAST WILL AND TEST AMENT
OF
MELISSA M. ROHRER
I, Melissa M. Rohrer, a resident of 1484 Center Road, Newville, Cumberland County,
Commonwealth of Pennsylvania 17241, do hereby make, publish and declare this as and for my
Last Will and Testament, hereby revoking and making void any and all Wills and Codicils by me at
anytime heretofore made.
FIRST
I direct the payment of my just debts and funeral expenses as soon after my death!as. mar;~',
be convenient. . , ' ',-
I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance taxe~,and -
generation-skipping transfer tax payable as a result of my death, not limited to taxes attribut.able to'_
property passing under this Will, shall be paid by my Executor from my residuary estate~ I direct {v
my Executor not to seek reimbursement for any tax so paid from any beneficiary under this Will,
heir of mine, or other transferee of property included in my gross estate. I make this direction
knowing that the Pennsylvania inheritance tax rate for my stepson is presently greater than the rate
for my son.
i i
SECOND
I declare that I am the widow of Gerald F. Rohrer. I had one child prior to my marriage to
Gerald F. Rohrer, to wit: Robert S. Hostler, a son born January 7, 1988. My deceased husband
had a son born prior to our marriage, to wit: Adam F. Rohrer, born December 17, 1988. Although
not adopted by me, I have always considered my stepson Adam F. Rohrer like a son to me and, as
nearly as possible, I desire that he be treated equally with my son Robert S. Hostler.
THIRD
All the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever
the same may be situate, I give, devise and bequeath, in equal shares, per stirpes and not per capita,
unto such of my children and my stepson Adam F. Rohrer as shall survive me by ninety (90) days,
but should any of them fail to so survive me then the share such deceased child or said stepson of
mine would have received shall pass to such of his or her issue as shall survive me by a period of
ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the
remaining share or shares; Provided However, that if any child of mine or my said stepson, or any
issue of any child or said stepson, shall be under twenty-one (21) years of age at my death, the
share of my residuary estate that that child or said stepson or issue shall be entitled to shall instead
pass in trust as set forth in paragraph five (5) of this Will. At the present time I have one child, as
aforementioned, and therefore, at the present time my estate would be divided into two shares, one
for my son Robert S. Hostler and one for my stepson Adam F. Rohrer.
In the event that neither my said stepson nor any child shall survive me by the aforesaid
period of ninety (90) days, nor the issue of any of them survive me, I give, devise and bequeath all
the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same
~ may be situate, to my sister Joyce Ann Anderson.
(' ,~
i ~ FOURTH
ij~\ Should any child of mine survive me who is less than twenty-one (21) years of age, and
~~':::.!,~ should the father of that child predecease me, then in such event, I nominate, constitute and appoint
,;,,1 my sister Joyce Ann Anderson, as Guardian of the person of such child of mine.
~ FIFTH
. ", Should any person less than twenty-one (21) years of age be entitled to a distribution out of
the r~siduary of my estate pursuant to Paragraph Third herein, I direct such share shall be paid to
my SIster Joyce Ann Anderson, as Trustee and Guardian of the estate of such person, but if she
should decline, cease or be unable to act as such, then in such event, I nominate, constitute and
appoint my brother-in-law, Eugene Rohrer, as alternate or successor Trustee and Guardian of the
estate of such person. I further direct that no said Trustee or Guardian shall be required to post any
bond to secure the faithful performance of his or her or its duties in the Commonwealth of
Pennsylvania or in any other jurisdiction, and I authorize and direct said Trustee or Guardian of the
es~a!e of such person to receive and to invest said distribution and to pay so much of the income
ansmg thereon together with so much of the principal thereof as in its opinion is necessary or
Last Will and Testament of Melissa M. Rohrer
Page 1 of 3
desirable to be expended for the proper maintenance, support and education of such person, and
upon such person attaining twenty-one (21) years of age, to pay the then remaining principal
together with any undistributed income to such person. It is my intention that a separate
guardianship estate or trust be established for each such person less than twenty-one (21) years of
age who is entitled to a distribution out of the residuary of my estate.
SIXTH
Any and all payment or payments of any sum or sums, whether in cash or in kind and
whether for principal or income, payable to any said child or children, shall be made upon the sole
receipt of the respective individual to whom the payment is made, and free from anticipation,
alienation, assignment, attachment and pledge, and free from control by the creditors of any such
beneficiary. All shares of principal and income herein given shall be free from anticipation,
assignment, pledge or obligations of any beneficiary, and shall not be subject to any execution or
attachments.
SEVENTH
I hereby nominate, constitute and appoint my sister Joyce Ann Anderson as Executrix of
this my Last Will and Testament. In the event of the renunciation, death, resignation or inability to
act for any reason whatsoever of my said sister Joyce Ann Anderson, I nominate, constitute and
appoint my brother-in-law, Eugene Rohrer" as Executor of this my Last Will and Testament. I
further direct that no bond or other security shall be required of any Executor or Executrix
appointed in this Will for the performance of his, her or its duties in any jurisdiction in which he,
she or it may be called upon to act. The terms Executor or Executrix may be used interchangeably
in this Will and shall refer to any Executor or Executrix appointed in this will, or any other
Administrator appointed by a court of competent jurisdiction.
EIGHTH
In addition to, and not in limitation of, the powers conferred by law or by other provisions
of this Will, my Executrix shall have the following powers, each of which may be exercised from
time to time by my Executrix in her sole discretion:
(a) To retain in the form received, and to sell either at public or private sale, or to
distribute in kind, any real or personal property.
(b) To manage both real and personal property.
(c) To invest and reinvest in all forms of property, notwithstanding the fact that any or
all of the investments made are of a character or size which but for this expressed
authority would not be considered proper for an Executrix.
(d) To exercise any option or rights arising from the ownership of investments.
(e) To compromise claims without court approval and without the consent of any
beneficiary .
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament, written on three (3) pages (including notary page), this 25th day of February, 2002.
.,..~---..---_..._._-' ....-.....--.....,
Signed, sealed, published, and declared by Melissa M. Rohrer, the Testatrix above named, as
and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the
presence of each other, have hereunto subscribed our names as attesting witnesses.
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Last Will and Testament of Melissa M. Rohrer
Page 2 of 3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
) SS:
)
We, Melissa M. Rohrer, the Testatrix in, and
and , the witnesses, to the Last Will and Testament, the
attached or foregoing instrument, who have signed the instrument, having been duly qualified
according to law do depose and say:
a. that I, the Testatrix, do hereby acknowledge that I signed and executed the instrument
as my Last Will and Testament, 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 and execute the
instrument as her Last Will and Testament, that she signed it willingly and executed it
as her free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the Testatrix signed the Last Will and Testament as a witness and
that to the best of our knowledge the Testatrix was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue influence.
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Subscribed, sworn to and acknowledged before me by the Testatrix and the witnesses
above-named, this 25th day of February, 2002.
\/~~;J'(~_~ .
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Notary Public
NOTARIAL SEAL
ROBERT G. fREY. NOTARV PUBLIC
CAAllSU, CUMBERLAND COUNTY. PI.
MY COMMISSION EXPRIRES JUNE 3. 2002
Last Will and Testament of Melissa M. Rohrer
Page 3 of 3