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Home My WebLink About10-19-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Luella M. Weller also known as CUMBERLAND COUNTY COUNTY, PENNSYLVANIA File Number 21-- dOL> '7- o9/f , Deceased Social Security Number 160-16-4777 David E. Weller Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW) 00 A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the last Will of the Decedent, dated 02/07/2006 and codicil(s) dated named in the State relevant circumstances, e.g., renunciation, death of executor, etc. Except as.'ollows, Decedent did not marry, was not divorced, and did not have a child born or adcpted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (II applicable, enter: c.I.a.; d.b.n.c.t.a.; pedente lite; durante absentia; durante mmof/tate) Petiti~':Ier(s} after a proper search has/have ascertain~d that,Decedent left no Will and ~as surv~ved by the following spouse (if any~al1d heirs(ff AdmInistratIon, c.t.a. or d.b.n.c.t.a., enter date of Will In SectIon A above and complete list of heIrs.) ,').:::' Name Relationship Residence G C:J (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 10 Allison Lane, Shippensburg, South NewtonTownship, Cumberland County, PA 17257 (List street address, town/city, township, county, state, zip code) Decedent, then 91 years of age, died on 10/09/2007 at 10 Allison Lane, Shippensburg, PA 17257 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: 25,000.00 Wherefore, Petitioner(s) respectfUlly request(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: Signature David E. Weller Typed or printed name and residence 10 Allison Lane Shippensburg, PA 17257 Form RW-O Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland County Oath of Personal Representative } 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(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this /9 c./A- day of , ;;tJ() 1 . . ~A/?,.j~ egister~(j f)~ ~ ~./2~ Signature of Personal Representative David E. Weller Signature of Personal Representative (-) ':='j : :') -.J C) ... -) r: ....L t r. Signature of Personal Representative r....) -. ~> o UI File Number: 21--~o()7-09V~ Estate of Luella M. Weller , Deceased Social Security Number: 160-16-4777 Date of Death: 10/09/2007 AND NOW, C~ c2<1 JJX'? , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to David E. Weller in the above estate and that the instrument(s) dated 02/07/2006 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters.......................................... $ t,O. 00 Short Certificate(s)........................ $ loJ.oo Attorney Signature: Renunciation(s)............................. $ ~I (!f? AIv /)j, {I Attorney Name: Supreme Court I.D. No.: 01624 Weigle & Associates, P.C. Address: 126 East King Street Shippensburg, PA 17257 Telephone: 717/532-7388 Form RW-02 Rev. 10.13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 fIOS).;o5 REV (()!/(PI LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Regis r. The original certificate will be forwarded 0 the State Vital Records Office for per en iling. Fee for this certificate, $6.00 P 13774856 11. Otctdenl'& U&uaI Ion Km.Cll WOl1t dooe Klnd d W?'< Housekeep1ng 1~_aMai~_(_cilyl_.-.z\>-) 10 Allison Lane Walnut Bottom, PA most 01 life. Do not slate retir ~~~tY 12. Was Decedent ever in the U.S. Armed Forces? DYes ~No -', Adual ResidencEI 17a. Slate 13. Decedent's Education (Specify only hI(;1es' grade completed) Elementary 1 Secoodary (0-12) College (1-4 or 5+) 9 years PA o ,- ~.....') C~~) c::;;, -' C) (-:) ~ H105-143 REV 11f2006 TYPE I PRINT IN PERMANENT BlACK IN!( COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions snd examples on reverse) -0 -v 1. Name d Docodenl (FiIsl. _.Iast. sulfix) Luella Mae Weller 5. f>qs {last BiIthdaY) 91 9-12-16 St. Thomas, PA -4777 Sa. Place d Dealh (CI1eck only OfleJ Hospilst 0Illerc o Inpstien, 0 ER 1 OUlp8tienl D DOA D Nursing Horna @9 Residence DOIIler. Sl>sdfy, 9. Was Docodenl d H;sponk: Qri9n? IE No D Yes 10. _, American In<ian. 1Ilack. Whle. .... (lfyes. spoci1y CI.i>8n, (Spsci/j1 ....can. Pus1lo R<an. slc.) Whi te Y... 6. Dale 01_ (_ day. yea~ 7. 1lInhplsce ( 6b. Counly 01 Oealh ed. FllCiily Nsms (If noIins1ilulion. jjve _ snd...-) \ CUmberland Twp. 10 Allison Lane 17266 17b. County Cumberland 17c.19 y...Osced8ntUVsdm South Newton Twp. 17d. D No. _, UVsd wilhin AdusJ l.iriOs 01 Top. Cily 1 BolO 16. F_a Name (F.... _.Iasl. suftix) Cyrus P. Stoner 2Gs.InIomulnI', Name (Type 1 Prill') David E. Weller 21a. Melhod 01 Dlllposillon 19. _"~ Name (First. _. maiden surnams) Lelia V. Miller 2Gb. InIormanfs Msiing AddIesS (9rIe\ cily 1_. _.,., coda) 10 Allison Lane, Walnut Bottom, PA 17266 21c. Place 01 DiGpo6ition (Name of cemetery, crematory Of other place) 21d. location (Cily I town, state, zJ;> code) '" \Il ~ Brown's Mill Cemetery PA Antrim Twp., Franklin Co., =- Funeral Home Inc., 23b. License Number RN I5Co05S L 17257 o e.R q ),()07 _,2<-26""" be",,- by pmon . who prorlCUlC8S dealh. _"'_.Ksny. Ieailingloh> cause listed on line a. Emer the UNDERLYING CAUSE ~,:,=~.":.\I,TMrIhs a Pec~-(/\J'.u-Il-d b. Due1..(orW~~ c. DueC(or..a~ol), h- Dueto( oil' A&vvf f'tW- ~ n.'vi"! -JL DilAh-t&.., f11.i ;/;Iu..d Ii' ~ f''^-<~ ~Af1~ /l/.L4.j ('~ 28. Did Tob8cco Use CooIrIJuIe to Death? DYes D~ jClNo D~ 29.IlF8Ill8ie, fi No!P<-'-pastyes' D P,_n1"'"",~des. o No!pIegIl8l1l.bulP<-'wlthin42 days ~dealh o No! ptegnant, bllI. ~nl43 days 101 year beforedelllh D UnknowIlKPfsgnanl....nlhsps.yes' 32c. ?\ace of I~: Home. Farm. Street, Factory. OIl.. BtikIng. ~c. (SpeOIy) PartH: Enterolhersioniticlnlcorllilionsl'1'lnlfDltinotodellth, bul.notre&UlingiltheLl1deTlyingC8USe~InPar11. ~~.I::."3.\~ {) i..!'e~ d. ~.~~/ DYes ~No DYes oNo DHornlcide D _nt D Pending l<We&tigstion 32d. Tmoollnjufy D Suicide D CoukI No! be Delennined 329. local'ion oIlnjuly (Street, city I town. slate) M. 33a. CeI1iIief (d1eck only one) . CeI1IfyIng phy8lc1sn (PhyIicisn cso1iI}W1g CllIJSe d _.... snolhe< phyOOsn has pronounced desth and ~ed llem 23) To1tle best of my knowtedgt, deIItl occurred due tattle cMl$e(s) and manner 8& sI8tecL........ -...................................................... . ==:=~=;~::~~:::~k);~::manner..sI8ted..___________..___.._ 0 . ==::r.= and' or at the time, date, and place, iand due to the caUl8{s) and manner as stateeL 0 B.o. ffi fil l;l '" ~ o '" ~ 35. Ae{;s(rar's Signature and Dlstnct N ~ . I h (I ~I' I /A I7zr 7 Disposi1Ion !'emil No. LAST WILLAND TESTAMENT I, Luella M. Weller, presently residing at 10 Allison Lane, Shippensburg, Cumberland County, Pennsylvania 17257, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all Wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease. SECOND. I give and bequeath my grandmother's clock located in the living room of my home to my son, David E. Weller. THIRD. I give and bequeath any household contents and tangible personal property located in the home where I live with my son, David E. Weller, to the said David E. Weller, absolutely. FOURTH. I give and bequeath any vehicle that I may own at the time of my passing to my son, David E. Weller. In the event that the said David E. Weller does not wish to take any vehicle or vehicles that I may own at the time of my passing IN KIND, I then direct that any vehicle or vehicles that I own at the time of my passing be sold at either public or private sale and the net proceeds therefrom be distributed to the said David E. Weller. FIFTH. I give and bequeath the full sum of Five Hundred ($500.00) Dollars to my grandson, Ronald L. Weller, on a per stirpes distribution basis. SIXTH. I give and bequeath the full sum of Five Hundred ($500.00) Dollars to my grandson, Eugene D. Weller, on a per stirpes distribution basis. SEVENTH. I direct that the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, be sold at either public or private sale, and the net proceeds therefrom be divided equally between my sons, namely, Kenneth E. Weller, Jr., and David E. Weller. EIGHTH. In the event that the said Kenneth E. Weller, Jr. should predecease me or is not living on the 60th day following my death, I then direct that any or distributions given and bequeathed to the said Kenneth E. Weller, Jr. under this my last Will and Testament be distributed td@s brother) David E. Weller. (~,J I-: I cr.. '~~.a h, it/ ..e:..b~SEAL) .:.,:-- WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 NINTH. In the event that the said David E. Weller should predecease me or is not living on the 60th day following my death, I then direct that any or distributions given and bequeathed to the said David E. Weller under this my last Will and Testament be distributed as follows: A. One-third (113) share to Sandra M. Weller, who is the wife of the said David E. Weller, provided that she survive him by sixty (60) days; and B. Two-thirds (2/3) share to be divided equally between the following persons or to the survivor thereof who are minors at the present time: 1. Kasandra L. Lawyer who lives in my household and over whom I have had primary custody and control for many years; and 2. Patricia L. Lawyer who is my great granddaughter and who has lived in my home for many years. TENTH. It is my specific intent, and desire to exclude any other children and lor grandchildren from any distribution whatsoever under this my Last Will and Testament as I have already adequately provided for them during their lifetimes. ELEVENTH. In the event that any beneficiary of this my Last Will and Testament is under the age of twenty-one (21) years, I then give and bequeath said beneficiary's share to, and appoint as Trustee of any property which passes under this Will or otherwise, Kenneth E. Weller, Jr., AS TRUSTEE, NEVERTHELESS, to invest and re-invest the same until the said beneficiary reaches the age of 21 years, with the following powers in addition to those presently given by law: A. The power and obligation to expend the income towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; B. The power and obligation to expend the principal, within the discretion of the said Trustee, if the income is insufficient, towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; C. The power to sell any and all real estate, within the discretion of the said Trustee; V-- r/ (""-t--t _{ C > (1 ..?'1>? II/" .i. L'LL- (SEAL) WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 D. The power and obligation to distribute the balance of principal and interest, if any remaining, when the said beneficiary reaches the age of 21 years, without the necessity of a formal adjudication of the Trustee's Account in the Court of Common Pleas of Cumberland County, upon the receipt of a good and valid release; E. The principal of the Trust and the income therefrom shall be free from the debts, liabilities, and engagements of those beneficially interested therein, and shall not be subject to assignment by him or her, nor to attachment or execution under any legal, equitable or other process for the enforcement of judgments or claims of any sort against them, either individually or collectively; and F. In the event the above-mentioned person is unable to accept the position of Trustee, I then name, constitute and appoint Eugene D. Weller, as Trustee, with the same powers and obligations hereinbefore stated. TWELTH. I nominate, constitute and appoint my sons, David E. Weller, presently of 10 Allison Lane, Shippensburg, Pennsylvania 17257, and Kenneth G. Welller, Jr., presently of 2315 Middletown Street, Brookesville, Florida 34601, or the survivor thereof, to be the Co- Executors ofthis my Last Will and Testament. THIRTEENTH. I direct that neither my personal representative(s) nor Guardians shall be required to give bond for the faithful performance of their duties in any jurisdiction. FOURTEENTH. I hereby direct that all federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such taxes, shall be considered a part of the expense of administration of my estate and that such be paid out of the rest and residue of my estate. FIFTEENTH. I direct my Executor to retain the services of Jerry A. Weigle, Esquire, with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, with respect to the settlement of my estate due to his familiarity with my affairs. IN WITNESS WHEREOF, I, Luella M. Weller, have hereunto set my hand and seal to this my Last Will and Testament, written on three (3) pages, the first two (2) pages signed for identification only, this). -- 7 - Ot day of ,2006. " \_,;X:!:t-?c.{ [" ti ~I 1Z;/~r>.U.i.-L- (SEAL) WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 This instrument was by the Testatrix, on the date hereof, signed, published and declared by her to be her Last Will and Testament, in our presence, who at her request and in the presence of each other, we believing her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. lPJI1;;I'V ft. ~~ 1 / / , ~ / " .' . .,,/ '. ~.tr -J.iUQ./K 4i:/;~ ~~rocL. d 0/'Uy(1 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, Luella M. Weller, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. .~' ~ ~"U J.-.[a {'r}',? 1..1;-" ..e. L.&::/L/ Sworn or affirmed to and acknowledged before me b~a M. We..ller., t e Testatrix, this '. ay of 'A} \ ,,-=-- 0, .." j 1~ NOTARIAL SEAL Jerry A. Weigle, Notary Public Shippensburg, PA Cumberland COunty My Commission Expires October 7, 2006 'lit".. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, 7frf ~IC '"A L. tome , .JeSS~(cn '}< L:f f7rv~ and ~lC:>~ L.~C\....>J..S\~ , the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Luella M. Weller, the Testatrix, sign and execute the instrument as her Last Will; that she signed willingly and that she 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 Will as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. JJ~un~ Hr;nW tt-,jx~('t~kv;'4)j,\ , ~JAA 1-. 110 L(rJA- Sworn or affirmed to and subscribed before me by f11-JrlCIA L. IOme. , ~k c, c){ C F=-) l-<. it (jvt:-~ \......-/ . f and l2S,<,c:o~-e.... L. ~~--€- ,?1ses, this Jdi day of ~ J " i C) "'(..-..------ , 2006. NOTARIAL SEAL Jerry A. Weigle, Notary Public Shippensburg, PA Cumberland County My Commission Expires October 7, 2006 R..r_ ,':~_i' WEIGLE & ASSOCIATES. P.C - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397