HomeMy WebLinkAbout09-05-06
Register of Wills of Cumberland County
Estate of C:mMo...
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
C ' \-\C:H' f\b~ ~ r No. Qj- DLc '~1~,-~
. To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
, Deceased.
Social Security No. t e '5>- ""1...: S '6 <"\ 0
The petition of the undersigned respectfully represents that:
Your petitioner., who is/. 18 years of age or older, and the executM.. named in the last will of the
above decedent, dated 'J \..\ ('\~ 2.. <:;:' , 20 0 \
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in C~i.-\ M b "C \ Q Y\ d County,
Pennsylvania, with ~_nast family or principal residence at \ . \ _. , ("' .1. Co \ \ \\
(V\ C\ 'i\ 0 r Co. ~ (. Y'\. \A."~ \ t\ ~ '^ 0 M~~ \., \) () M 0. r F-Q....T ~ -T a. 'M p -.0-'
(list street, number and municipality) ~ 0... \~ J \ \
Decedent, then 11 years of age, died A l.A~,^s..tL120~,at ('.1..0 AM
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:
~-
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: tJ () f\e...
$ 3\)<0 ,o~o 100
$ .~ <:) &. I <' ~ ~ . O~
$ s.<:)~ _ oC)e, t!~
$ 0 I
WHEREFORE, petitioner(t} respectfulJy request(s) the. probate of the last will and codicil(s) presented
herewith and the grant ofletters \"es:'+~~fv-+cx-r ~
(testame y; adrmmstratlOn c.t.a.; adlTI1mstratlOn d.b.n.c.t.a.)
thereon.
=R =) p~~;;s)
~b~i
Residence(s) ofPetiti~ ~
U~ ("f' ~ S "t J \ ~ 0.. ~ s.. \0 ---=-- ~)
\ -, Ill]? C/,)...., l
-'J () ''1 . -
,~- "):-; r- -0
f';.,.. .c: fTl { ,
o'c--).:n I
h; ____ VI
,';8:~
....r:- "
, '=6
-.;
~
(-", :.)
~
c.v
"
c.rz
o
Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYL VANIA
}
SS:
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affrrm(s) that the statements in the foregoing petition are true and
correct to the best of the know ledge and belief of petitioner( s) and that as personal representative( s) of the above
decedent petitione,(s) will well ond truly administ" the estate a'5o'dr> to law. ,
Sworn to or affirmed and subscribed {~ ~'4J _ rl./~ vy
Bef~methis ~~ day of J
\~t)tTfYlh-",~ , 20(j,...()
.
C/J
ciQ'
::l
""
2
3.,
~
'l,- j'-)
No. t~I-Ou -l'&'.~
Estate of EmmCt e. 4,rnber9t!r , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
o . ..
AND NOW 0..p-n- m~ L U" 200tq 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
lo .. 2,5 -01 , described therein be admitted to probate filed ofjec~!d as the last will of
[""l'Y'C~ c.\-b-......~".,<> (' ( ; and Letters are hereby granted to K -~c \ ..
Q
FEES
Probate, Letters, Etc. ............. $
Will............................. .... $
Renunciation... . . . . . . . . . . . . . . . . . . . . $
Short Certificates (lo) ............ $
JCP.. .., ... ... .. .. . . ... .. . .. . . . . . . . .. $
Automation Fee....... _........... $
$
$
200'-c:J
~-c: C.L -)
I S O..J
Attorney (Sup. Ct. LD. No.)
.z L\ c,\.2..
10.00
5 Q)
Address
Bond.. .. _ . . _ .. .. . . .. . . . . .. .. . .. .. ....
Total
Filed q - l.o
L~\y 00
Phone
~~~
p
12535666
r/Yi /tJb
",',05_14.3 Rev 01,\)6
TYPEJPAlHT Ii'I
PfA,WANEIfT
BLACK lNl(
1 Niune 01 Dececenl {F~~t rrwXt". ~~J
<('") ......,
~
Co C,.:;J
c:r-.
-~::o (.I')
0:)"'0 "'1
'IJ~O -0
".,__ r--
'-:; :":;,g] I
;:-- (/) ::>;; Ul
'- J (J(1 ./
"") 0 -::r; -0
<)C: ::t:::
d.\ Dlo ()1~3 :0 W
:~{-~..J
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS ......... Ul
CERTIFICATE OF DEATH STATE fiLE NUMBER 0
5 ~(l.H.'t>v1M4y)
- 91
7. O.leolSirth Month,oa
November 18,1914
J. Socia) S<<urt,r Nurm.
Y"
3890
4 001\' QI Dealh (Month. Clay ye.lI)
Emma C. Hornberger
183
12
1
I
-------------i
I
lien! 0 OOA Nl,JIUl HofN 0 RUidence 0 O:hef j
~- ::JS Daceden! 01 H~flic Ori9in? 10. Rae. Arn&r~n Y"C~, ~l Wh.tt. tk: I
~ No 0 Yes (11 y.", $,peCI1y CI.ItW\. (Specrtn I
lJexun.Puef1oRul'I,e\c1 White I
14 M<r.rit.lISLaluS,~lrieG.NeVifmarr\OillJ. 15 SlJr",v~~i."',\.l"Y.maO&n~T'OII I
August 27, 2006
8l:l C.wnryolDeilltl
o ERIOJI
Cumberland
Camp Hill
Manor Care Health Services
~..l- I: Dec&6en('s Usual O::c lion Kind 01 work don, dul'in rrosl 01 wolkin ile, c.lo r.ol SoLa!e 18lirocl
n "
Decedent's M.i1llroQ MilltSS (5lIH1. c::ttllown, sial.. {~code)
3647 Derry Street
Harrisburg, PA 17111
o Vl}$
DeeJldenl's
Actual Rasdllrce
13 Decedlll'1rs EdUC41ion
E""""~"1?""'" 10-12)
PA
I ide Iellld
ColltQe(l-4OfS-+)
w""-wmt1~cf'
s~ I"eta'ry
stif~ 'tl\j~i!nt
170 County
Cumberland
DidOecedetl(
l....e~2
Townsh~l
Ht.O
YllS.DeceoenILNedio_~____._______.___ r""P
\12 Stale
17' f.
No, Dtcedenl LNoo .....chin
ktuallinitsot
Camp Hill
c.y,-
18 Filhll('sNarTle(Firs\..a:::IdIe,~)
I
John B. Hummel
19, Mo{hw's Name (Fir$.!, rriOOle, maidet\ Sl.1(~me)
Mary B. Rinehart
I
53
to
::>
to
'"
::i
~ Irlbrmanfs Nafflll (Type/pIT1t)
2(l), InJom-anl's MaIlin9 k:ldllw (SlrMl Cfyi\oMl. stal., l~ cooe)
Ronald P. Sieg
3647 Derry Street Harrisburg, PA 17111
o RMl:Na/ from Stal.
o Donahon
210 Dale 01 DISpOSAlon (MorIth,aay, year)
Aug 29, 2006
21c:. PIac.olDis.pos.ion(Nal'l'llorcllfT1litlery,cr8fT'alotyOfoltl&r~e!
Cremation Society of PA
21d, localion (CltyMWfI. siale, III code)
Harrisburg, PA 17110
22b Lic.nse NVlTOef
011825-L
22t:. Nar'M and Addr.... 01 Facilitt'
Michael J. Shalonis Funeral Home 206 Maple Avenue Marysville, PA 17053
La 00
); v" 0 No FtJ
l.. OC-
6
r
2
:.J
no. Lican$tNUIl't>ef
\I_fJ'-<,,-\'-uS" l
-I
v,
>('
(y
o
:1
Cli
:::-1
CAUSE OF OH TH (s... ins:ructk>ns.2nd eumples)
lam 27 Pirt I, Enlel' the ~ -~. in;Jrie.s.Of ~licahOIl5 -iNl drecClycaused tM~lh, DO NOT ltJll.,-l.,-rrWl....enlS such aswdiov;: arr8$t,
re~<llol)' arrest, or ~&nlr(;1J1il1 flbnllahon wthout sho~ (tie ll(00qy, OO:QOT evial. EN... onty one cause 01\ ~Iioe
IM-I.IEOl.ATE CAUSE (F~dluaSl Of \l J , uu...blJ...I-...
COOOlJ;)nr.suAlOQllld.alh)-----:;.a, ~~
" Duo_I" u.oon,,,''''',,Q ~ ~_ .tv'
S4\q~"rIls!co.rld.JJllS,"a"Y ~_____
lyd~~lhe:C4lJsellslltdonlJOe~ Dl.IIkI(OfUicons,eqlJ8l'\CeO~
- E.Alff It)e UNO€.RL YlNG CAUSE.
(d~eOfll\lUl)'thalltl.ialedtr.e OueIO(OfU<lCOtl.s8queoceol') --- -----~----~-
e'I.anu Ie$Ulln9 W1 de.ilh) lAST
: .A(lproximal' inlerval Pari ": Em" oIi'lw siuniB::anl conditions COfllrbu!iM 10 death
: OIU": 10 diUU'l bul noI1t.w1ino ~!he uncletty~ Cilus.. gr..'9fl in Part I
o Yes
,
3CtIW~.AulopsyF"~
AIr<lliWe Pri:Jr kI ~lIon
OfCalJ$er;#~o/
Ol'.s O~
31 Mallnllf 01 Deall'!
J2.2 Dale 01 1f))Ufy (Month, cay, YQ;j,I)
32b. Describt how InjU1)' Oo::Ulffld
preQtW1twCtwlpastye.it
o Pr&Qn<lnl<llllrNolo..lil
o Notprt9\ilr(Wpllg\aI'llwthIf1QCi;y1
or~\h
o NOIprQ("Y\.Jr(.tw.J:pl"~4Jc:Ursblre41
b.e-bt e daalil
o Un.'lMwn'J~J9'IMi.....ct'lln""~Y&.Jl
J2c Pl.ct oJ Inpy.' tlome,. F~Tl\ SIt'*. FK1uI)' CXk:1l
Builcbr'lO. lie. ($peci)i
I
...j
I
I
o Perodlf)l;Jlnvest~IJ()ll
o Coold NOI Be Deterrnnlld
J2d T'meolll'llvl)'
J2"C;;ltf' ~
~ 'ItISinAulOPsY
P'tl"tirr<<P
""
o Natural
o Acedel'll
o SUICide
o Homclde
3
o
w
U
w
o
o
J.:li C,rtifler ler.ockOllIyQ(\ll)
Certif'yil'l9 phys.:;i;ln (PhySlCI.JI1 e~lfylll\l Cillae ot cI&a1l1 when allOlher pl1YSlCl,1n 1'1':15 l)f/)llQunc&d ~alh and rortpleled nem 2J)
To tht t>l-sl 01 ITPf koow"-d9t, ~lh OCCVrrN ~~ ~o l~ C,iuse(JI and ma",..r as
PtQooun<:in9aod(ertityil\9pllysician(PI1Y!.lC\dn/xl(hprOtlQunciol1dealhal'ldcell"rJ{l91o~useo1d.alhl
To tht best 01 ""f knowiltd9lf, tieaU'l occ;l.Ilnd Oil t~ 1m-.... dolle, ~I'ld pl.2ct, aod due to the CJvse(s) ~od IT\JI"lMf <IS slated
o
"'OOic:JI tuminerlcorClf'lel
all' o.asis ol'LOIrnina/,ion and,.lor inVtili9~IKln, in my opink)ll, death occvrred ~t the time, d<lte, aod pl<lct, aod Gue to It-.t C<lus.e(sJ al'l(j INnner is suted .... .. 0 34
~
Z
L
151.0 11- 10 Ib I
Of... .
(See instructions and e~amples on reverse)
. f
lliast lIill ann IDpslam-eut
of
()
So
~-- =0
r'::J~J
,;";-,"0
:-:J -=:..:; r~'~
(_0_ C-'.7 fT-,
"t-~ L. '_: ::J
<C/");.":..
-);~~~
1'-.)
r:~."
'C':"
~';"~
(/)
C1\
'v
, ".
,-' .
EMMA C. HORNBERGER
-v
(.J
BE IT REMEMBERED, that If EMMA C. HORNBERGER of 3427 Log~~ Stre~,
Camp Hill! Pennsylvania 17011, being of sound mind, memory and
understanding, do make, publish and declare this as and for my Last will
and Testament, hereby revoking and making null and void any and all
Wills and Testaments and writings in the nature thereof by me, at
anycime heretofore made.
ITEM 1.
BACKGROUND INFORMATION:
The following is background information pertaining to myself and my
family:
a. I was born on November 18, 1914.
b. My social security number is 183-12-3890.
c. I am a widow.
d. I have no childreh.
e. I have three sisters and one brother still living: Julia
Sprenkle, Leah Louella Hummel, Martha Sieg and Paul Hummel.
ITEM 2.
DEFINITIONS:
The following definitions shall apply to this Will:
a.
Issue: The terms "issue" as
immediate and remote lawful,
adoption of the person referred
they must be ascertained In
reference to them.
used In this will means the
lineal descendants by blood or
to, who are in being at the time
order to give effect to the
b. Personal Representative: The term "Personal Representative" as
used in this will means Executor, Executrix, or any other title
of like import which is used to describe such a fiduciary.
c. Per Stirpes: The term "per stirpes" as used in this Wlll means
that whenever a distribution is to be made to the issue or
WITNESS:
-'-""--"~
'"'"
~'~na~C-. ~l~
EMMA C. HORNBERGER
(SEAL)
Page 1
descendants of any person, the property to be distributed shall
be divided into as many equal shares as there are (1) 1 i ving
children of the person, and (2) deceased children, who left
descendants who are living, of the person. Each living child,
if any, shall take one share and the share of each deceased
child shall be divided amongst his then living descendants in
the same manner.
d. Per Capita: The term "per capita" as used in this Will means
that whenever a distribution is to be made to a person, the
property to be distributed to that person shall be distributed
only if that person survives me. If that person has not
survived me, the distribution to that person shall lapse and be
deemed void.
e. Survival: The terms "survival", "survive", "survives" or
"survived" as used in this Will means that any person or
organization herein named or referred to shall be deemed to have
survived me only If such person or organization shall in fact
survi ve me for a period of at least thirty (30) days. Any
person or organization named or referred to herein who shall not
survive me by a period of thirty (30) days shall be deemed to
have died before I do.
ITEM 3.
BURIAL AND FLrnERAL INSTRUCTIONS:
I direct that my body be cremated and that my remains be interned in
my plot at the Marysville Cemetery.
ITEM 4.
DEBTS AND FUNERAL EXPENSES:
I direct that all my just debts and funeral expenses appropriate to
my station in life and custom of living (including appropriate monument
or marker for my grave) be paid as soon after my demise as may be
convenient.
ITEM 5.
TANGIBLE PERSONAL PROPERTY:
I give and bequeath al~ tangible personal property owned by me at my
death and all insurance policies on such property as follows:
a. Memorandum: To ~hose individuals who survive me and who are
designated on a list or memorandum signed by me which refers to
WITNESS:
--=~~'\~\ I
(~ .., ,\
'~0 U
, .... '\..J' .f'".' On2 ~ ,.....
j '- --..r \ I
U t
~h7< uJ' - ci/~ ?~/7-
EMMA C. HORNBERGER
(SEAL)
Page 2
this will or is found with a copy thereof, I give and bequeath
the items listed beside their names.
b. Remainder Distribution: The balance (including any items under
subparagraph (a) above the bequest of which has lapsed) shall
become part of my residuary estate and distributed to the
beneficiaries thereof as herein provided.
c. Method of Distribution: My Personal Representative shall have
the right to dispose of said remaining items of personalty set
forth in subparagraph (b) of this Item, either in kind or in
cash as a result of liquidation thereof, as my Personal
Representative, in my Personal Representative's sole discretion,
deems appropriate under the circumstances. It is my intent,
however, that should any beneficiary of my residuary estate
desire to receive a particular item in kind which was not
specifically bequeathed to that beneficiary, to the extent
reasonably possible, my Personal Representative shall attempt,
but not be obligated, to follow that beneficiary's request.
d. Safekeeping: If any beneficiary of any item of tangible
personal property aforesaid has not yet attained the age of 18
at the time of my death, I order and direct my Personal
Representative to hold said items in safekeeping for that
beneficiary and to deliver the same to that beneficiary upon he
or she reaching age 18, or at such earlier age if my Personal
Representative deems the beneficiary to be of appropriate age
and maturity to receive said items of personalty. For these
purposes my Personal Representative shall be entitled to use or
set aside from my estate sufficient funds to provide for that
safekeeping.
ITEM 6.
SPECIAL BEQUESTS:
I make no special bequest in this Will other than the bequest of
personalty made pursuant to Item 5 herein.
ITEM 7.
RESIDUARY ESTATE:
All the rest, residue and remainder of my Estate of whatsoever nature
and wheresoever situate, whether it be real, personal or mixed,
including any insurance policies therefor, property over which I have
power of appointment, and proceeds from any insurance policies payable
to my estate, I give, devise and bequeath to my hereinafter named
Trustee to be held in Trust for my sisters, Julia Sprenkle and Leah
----------
WITNESS:
(--
" '
~
~
~
r
I
~~"-- c:.1h-v ~~---
EMMA C. HORNBERGER
(SEAL)
\
,r
J ~ _,___'
~",,-
./
{/
Page 3
Louella Hummel, or the survivor of them, under the terms and conditions
set forth in Item 9 herein.
ITEM 8.
ALTERNATE RESIDUARY ESTATE:
In the event my sisters, Julia Sprenkle and Leah Louella Hummel, both
fail to survive me, I then give, devise and bequeath my entire residuary
estate to my nephews, Donald Sieg, Ronald Sieg and Harry Sieg, in equal
shares, subject to the following:
a. If my nephew, Harry Sieg fails to survive me, then his share
shall lapse and shall be distributed to his issue who survive
me, in equal shares per stirpes. If there are no lssue of Harry
Sieg who survive me, then his share shall lapse and be
distributed to my nephews, Donald Sieg and Ronald Sieg, or their
lssue, in equal shares per stipes.
b. If my nephew, Ronald Sieg fails to survive me, then his share
shall lapse and shall be distributed to his issue who survive
me, in equal shares per stirpes. I f there are no issue of
Ronald Sieg who survive me, then his share shall lapse and be
distributed to my nephews, Donald Sieg and Harry Sieg, or their
issue, in equal shares per stipes.
c. If my nephew, Donald Sieg, fails to survive me then his share
shall lapse and shall be distributed to my nephews, Harry Sieg
and Ronald Sieg, or their issue, in equal shares per stirpes.
ITEM 9.
TRUST PROVISIONS:
The amount of my estate to be distributed to my Trustee for the
benefit of my sisters, Julia Sprenkle and Leah Louella Hummel, shall be
held by my Trustee for the following uses and purposes and subject to
the following terms and conditions:
a. Single Account: It is my intention that a single account shall
be maintained for both of the beneficiaries and that the funds
shall be co-mingled. It is my further direction that any funds
to be distributed from the trust shall be distributed based on
needs of each of the beneficiary, without the necessi ty or
consideration of equality of distribution between them.
WITNESS:
.-----..- ..-------~- ~
-----~ ", ~
<\~~~y (
\ ~ ~ (r ,
-,' ~' {
}i\. .' '>-:~ J (t ({?>r
. v' ' (/
. ~.......-
C;?r'1~-~~ <9 -~~--
EMMA C. HORNBERGER \'
( SEAL)
Page 4
b.
c.
Management and Distributions: The Trustee shall have, hold,
manage, invest and reinvest the principal of the trust for the
beneficiaries, and during the continued existence of the trust,
pay to or for a beneficiary's benefit, so much of the net income
and so much of the principal of the trust as, in the sole
discretion of the Trustee, may be necessary to maintain that
beneficiary in the property station in life, including proper
support, maintenance, education, medical, hospital, dental,
optical, nursing and nursing home care. Any unused income shall
be accumulated.
Distribution Amount-Other Considerations: The amount to be paid
for the benefit of the beneficiary shall be determined from time
to time based on the beneficiary's needs, considering the
beneficiary's other income and assets, including any income
payable for the benefit of the beneficiary from other sources
such as spouses, retirement, investments, other trusts, social
security benefits or other governmental benefits. My Trustee
shall have sole discretion in determining the amount of
distribution and may refuse to make a distribution so as to
maximize such other benefits available to a beneficiary in order
to preserve the corpus of the Trust. My Trustee may also not
make any distributions to a beneficiary if he, in his sole
discretion, believes that the beneficiaries is not in need of a
distribution and that it is in the best interest of the Trust to
withhold such distribution.
d.
Distribution-Person or Institution: The said payments may be
made, as the Trustee deems appropriate, directly to the
beneficiary if the beneficiary is, in the sole opinion of the
Trustee, of an age and ability to handle the funds so paid; or
directly to the person having custody and care of the
beneficiary; or directly to any institution entitled to such
payment by reason of services rendered or to be rendered to the
beneficiary.
e.
No Alienation: No part of the lncome or principal of the
property held under the trust established hereunder shall be
subject to attachment, levy or seizure by any creditor, spouse,
assignee, trustee or receiver in bankruptcy of any beneficiary
prior to his/her actual receipt thereof. The Trustee shall pay
over the net income and the principal to the parties herein
designated, as their interests may appear, without regard to any
attempted anticipation, alienation, assignment, attachment, and
pledge, and without regard to any claim thereto or any attempted
levy, attachment, seizure or other process against the
beneficiary.
WITNESS:
________ r----.,
\~"'"
----,
, '\ r\
~(
,~
,r
C ()--
(SEAL)
(
h7'l t'~ c!', )~'?1 A c....,- _
EMMA C. HORNBERGER f
Page 5
J. Distribution to Alternate Beneficiaries: In the event one of
the beneficiaries of this Trust has died during the pendency of
this Trust and my Trustee, in his sole discretion, has
determined that there are funds in the Trust in excess of the
amount necessary to provide for the surviving beneficiary, then
my Trustee may make a distribution of those excess funds to my
nephews, Donald Sieg, Ronald Sieg and Harry Sieg, or their issue
in equal shares per stirpes.
k. Termination of Trust and Final Distribution: When both
beneficiaries die, or when the both of them provide my Trustee
with a written renJnciation of any interest in the Trust, the
trust shall terminate and the then remaining assets, principal
and any accumulated or undistributed income of the trust shall
be distributed to my nephews, Donald Sieg, Ronald Sieg and Harry
Sieg, or their issue, in equal shares, subject to the following:
1. If my nephew, Harry Sieg fails to survive me, then his
share shall lapse and shall be distributed to his issue who
survive me, in equal shares per stirpes. If there are no
issue of Harry Sieg who survive me, then his share shall
lapse and be distributed to my nephews, Donald Sieg and
Ronald Sieg, or their issue, in equal shares per stipes.
2. If my nephew, Ronald Sieg fails to surVlve me, ther: his
share shall lapse and shall be distributed to his issue who
survive me, in equal shares per stirpes. If there are no
issue of Ronald Sieg who survive me, then his share shall
lapse and be distributed to my nephews, Donald Sieg and
Harry Sieg, or their issue, in equal shares per stipes.
3. If my nephew, Donald Sieg, fails to survive me then his
share shall lapse and shall be distributed to my nephews,
Harry Sieg and Ronald Sieg, or their issue, in equal shares
per stirpes.
a. Termination of Tr~st Due to Size: Should the principal of the
Trust herein provided for be or become too small in the
Trustee's discretion so as to make establishment or continuance
of the trust inadvisable, my Trustee or Personal Representative
may make immediate distribution of the then-remaining assets,
principal and any accumulated or undistributed income outright
to the Guardian of the Person of any incapacitated beneficiary
herein appointed or to the person or persons and In the
proportions they are entitled.
WITNESS:
f
\
,
CJ-
~7'C~,:YHO~: :.....7- v (SEAL)
Page 6
ITEM 10.
APPOINTMENT OF TRUSTEE AND TRUSTEE FEE:
I appoint Ronald Sieg as Trustee of any Trust created by this my Last
Will and Testament. Should Ronald Sieg predecease me, fail to qualify,
cease to act or renounce the position of Trustee, I then appoint Donald
Sieg and Harry Sieg, or the survivor, of them as Successor Trustee of
any Trust created by this my Last Will and Testament.. I direct that my
Trustee shall be paid the amount of Five Hundred Dollars ($500.00) for
each year that my Trustee acts in the capacity as my Trustee.
ITEM 11.
APPOINTMENT OF GUARDIAN OF PROPERTY:
I appoint Ronald Sieg as Guardian over any property which passes
either under this will or otherwise to any beneficiary who is then a
minor or is incapacitated. Should Ronald Sieg predecease me, fail to
qualify, cease to act or renounce the position as Guardian of the
Property, I then appoint Donald Sieg and Harry Sieg, or the survivor of
them as Successor Guardian of the Property. This appointment of a
Guardian shall not supersede the right of any fiduciary in his/her/its
discretion to distribute a share where possible to such beneficiary or
to another for such beneficiary's benefit. Such Guardian shall have the
power to use principal as well as income from time to time, for the
beneficiary's support and education.
ITEM 12. APPOINTMENT OF PERSONAL REPRESENTATIVE:
I appoint Ronald Sieg as the Personal Representative of this my Last
Will and Testament. Should Ronald Sieg predecease me, fail to qualify,
cease to act or renounce probate, I then appoint Donald Sieg and Harry
Sieg, or the survivor of them, as the Successor Personal Representative
of this my Last Will and Testament.
ITEM 13.
PAYMENT OF TAXES:
I direct my Personal Representative to pay all inheritance, estate,
succession and legacy taxes of whatsoever nature and kind, to which my
Estate or the transfer of any property passing hereunder or otherwise
passing by reason of my demise, may be subject and to charge such taxes
agalnst my residuary estate, it being my intention that none of the
aforesaid taxes, either federal or state, or any property required to be
WITNESS:
~'--
,~" -~~ r
S--/ II r\
~l/) x1YlO lL lc~r-
C;n'tL, C. if~#~
EMMA C. HORNBERGER
(SEAL)
Page 7
included in my gross estate, under the provisions of any state or
federal law now in force or hereafter enacted, shall be prorated among
the persons interest in my Estate to whom such property is or may be
transferred to whom any benefit accrues.
ITEM 14.
POWERS OF PERSONAL REPRESENTATIVE AND TRUSTEE:
In addition to
provisions of this
have the following
the powers conferred by law or under previous
Will, my Personal Representative and Trustee shall
powers:
a. Retention of Investments: To retain investments I may have at
my death when deemed advisable to my estate or trust to do so;
b. Sale of Assets: To sell either at public or private sale any
real or personal property and to consummate said sale or sales
by sufficient deeds or other instruments to the purchaser or
purchasers, conveYlng a fee simple title with special warranty,
free and clear of all trusts and without obligation or liability
to the purchaser or purchasers to see to the application of the
purchase money or to make inquiry to the validity of the sale or
sales; also to make, execute, acknowledge and deliver any and
all deeds, assignments, options, or other writings which may be
necessary or desirable in carrying out any of the powers
conferred upon my Personal Representative or Trustee in my Will
or otherwise;
c. Investment: To vary investments, when deemed desirable, then to
invest in such bonds, stocks, notes, real estate mortgages, or
other securities, or in such property, real or personal, as
deemed wise, without being restricted to so-called "legal
investmentsU and without regard to diversification;
d. Management of Real Estate: To manage real estate;
e. Options: To exercise any option or rights arlslng from
ownership of investments;
f. Compromise of Claims: To compromise claims without court
approval and without the consent of any beneficiary;
g. Disclaimer: To disclaim any interest in property;
h. Ele~_tive Share: To claim an elective share of the estate of any
deceased spouse;
WITNESS:
c:--
--" ~ \'
~ \
\
~~tf/C_~/~
EMMA C. HORNBERGER
(SEAL)
/'
u
CL ..L. J::t/ --.--.
C/ (/
Page 8
i. Joinder in Tax Returns: To join with any spouse I may have upon
my death in the filing of any federal income tax return for any
year for which I have not filed such return prior to my death,
and to consent to the treatment of any gifts made by my Spouse
as being made one-half by me for gift tax purposes
notwithstanding the fact that such action may result in
additional liabilities for my estate. Any income or gift taxes
due on such returns and any deficiencies, interest, penalties,
or refunds thereon, shall be allocated between my estate and my
Spouse and my Spouse's estate, or all to any of them, in such
manner as my Personal Representative and my said Spouse may
agree;
j. Payment of Cost and Expenses: To pay all costs, taxes, expenses
and charges in connection with the administration of my estate
or trust, including but not limited to my last debts and all
funeral expenses;
k. Division and Distribution: In order to effectuate a division of
the principal of my estate or of any trust or for any other
purpose, including final distribution, my Personal
Representative and Trustee are authorized to make such divisions
or distributions of the personalty and realty in kind or by way
of liquidation thereof In whole or In part as my Personal
Representative or Trustee may deem appropriate under the
circumstances. If a distribution or division is made in kind,
said assets are required to be divided or distributed at their
respective values on the date or dates of their division or
distribution.
ITEM 15.
NO BONDING REQUIREMENT:
I direct that my Personal Representative, Guardian and Trustee or
their successors shall not be required to give bond for the faithful
performance of their duties in any jurisdiction.
ITEM 16.
SURVIVAL:
Any person or organization herein named or referred to shall be deemed
to have survived me only if such person or organization shall in fact
survive me for a period of at least thirty (30) days. Any person or
organization named or referred to herein who shall not survive me by a
period of thirty (30) days shall be deemed to have died before I do.
WITNESS:
,..-------.----.----. r-"-'~ .
\ "-, ~ ..~ r
U~"Q ~ . \-__~X
',', '. '" \ ~
-- ~
-----~ '" \ "-
~..~~~.~~tLGJ-
, U .
t;,,~~ <:? ~ ~
EMMA C. HORNBERGER
( SEAL)
Page 9
ITEM 17.
GENDER AND NUMBER:
Where appropriate to the context, pronouns or other terms expressed
in one number or gender shall be deemed to include the other number or
gender, as the case may be.
ITEM 18.
EXCLUSION:
It is not my intention to make provision in this, my Last Will and
Testament, for any relative or any other person not expressly provided
for herein, except for children born to or legally adopted by me after
the date of this instrument, and if any such person has not been
expressly mentioned herein, he or she has been omitted by me
intentionally and with full knowledge of his or her relationship and
existence, and not by any oversight or neglect.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~Paay
Of~~
, 2001.
\
\
P () j/ )
~~~; ~~R~~~~~'
(SEAL)
--'--Ll
/ /7' /J
.~L'0 !~VtfYJJ<L-~/
. j.../ /V
\.../ ' L/
Page 10
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, EMMA C. HORNBERGER,
/~~rJ2.
r
~ONLti L{;,-L
and Diane
G. Radcliff, Esquire, the Testatrix and the wi tnesses respectively,
whose names are signed to the attached or foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority that
the Testatrix signed and executed the instrument as Last Will and that
Testatrix had signed willingly (or willingly directed another to slgn
for the Testatrix), and that Testatrix executed it as Testatrix's free
and voluntary act for the purposes therein expressed, and that each of
the witnesses, in the presence and hearing of the Testatrix, signed the
Will as witnesses and that to the best of their knowledge the Testatrix
was at that time eighteen years of age or older, of sound mind and under
no constraint or undue influence.
I
~_L <:!.. 4- ..~
C. HORNBERGER
( \
. f
(SEAL)
-\
~^r
, ,
, f
'-"
Sworn to and subscribed to
before me this
dS~
day
of ~
, 2001.
~1:::~~':'Jr ~4n//1
My Commission Expires:
Page 11