HomeMy WebLinkAbout05-06-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Robert L. Owen
also known as
CUMBERLAND
COUNTY, PENNSYLVANIA
File Number 21-08- C:J-J-Cf1
, Deceased
Social Security Number
Michael K. Owen
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[!) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
last Will of the Decedent, dated 03/11/2004 and codicil(s) dated
Executor
named in the
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate. was not the victim of a killing and was never adjudicated an incapacitated person:
Decedent was married to Elizabeth A. Owen. Elizabeth A. Owen died June 17, 2003. Decedent was domiciled at death in Cumberland
County, Pennsylvania, with his last family or principal residence at 210 Big Spring Road, Newville, PA 17241
o B. Grant of Letters of Administration
Name
Relationship
Residence
app lea e, en : c. .8.; . .n.c. .8.; n,; uran a en 18; uran e mmon a e
Petitioner(s} after a proper search haslhave ascertained that Decedent left no Will and was survived by the following
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her last principal residence at
210 Big Spring Road, Green Ridge Village, Newville, West Pennsboro Township, Cumberland, PA 17241
(Ust street address, town/city, township, county, state, zip code)
Decedent, then 78 years of age, died on 11/19/2007
at 210 Big Spring Road, Newville, PA 17241
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:
9,000.00
$
$
$
$
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
Michael K. Owen
Typed or printed name and residence
28 IIIHl.lalJ! 81. vet ? ~\} W\ lV\ 1. '\ P. 0 1\ f-l
Natick, MA 01760
MD
Form
Rev. 10-13-2006
Copyright (c) 2006 fonn software only The Lackner Group, Inc.
Page 1 of 2
Oath of Personal Representative
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
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 subsaibed
before me this (J) ~
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File Number:
21-08- 0 ~q~
Estate of Robert L. Owen
AIKIA
. Deceased
Social SeoJrity Number:
Date of Death: 11/19/2007
AND NOW,
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, in consideration of the foregoing Petition, satisfactory proof
Testamentary
are hereby granted to Michael K. Owen
in the above estate
and that the instrument(s) dated 03/11/2004
desaibed in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
Short Certificate(s)........................ $
Renunciation(s )...... ....................... $
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Au.-7D $
$
$
$
$
$
$
TOTAL............ ........ ....... ......... $
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Attorney Signature: ,~) /'l, ~~
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Letters....... ......... ............................ $
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Attorney Name: Richard L. Webber, Jr. Esquire
Supreme Court 1.0. No.: 49634
Weigle & Associates, P .C.
Address: 126 East King Street
Shippensburg, PA 17257
Telephone:
717-532-7388
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Form RW-02 Rev. 10-13-2006
Copyright (c) 2006 fann software only The Lackner Group, Inc.
Page 2 of 2
105.805 REV (01107)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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This is to certify that the information here given
correc~ly copied from an original Certificate of De,
duly filed with me as Local Registrar. The origiI
certificate will be forwarded to the State Vi,
Records Office for permanent filing.
lee for this certificate, $6.00
P 13888291
. ~. ~~C~"'~A}OY t 6/20(
Local RegIstrar ' . Date Issued
Certification Number
Kl~I43 REV 1112006
TYPE' PAINT II
PfJlMAHENT
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COMMONWEALTH OF PENNSYLVANIA. DI:PARTMENT OF H~LTH · VITAL RECORDS
CERTIFICATE OF DEATH
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IASTWILL AND TESTAMENT
I, Robert L. Owen, presently residing at 210 Big Spring Road, Newville, West
Pennsboro Township, Cumberland County, Pennsylvania 17241, 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, devise and bequeath all my estate, real, personal and mixed,
whatsoever and wheresoever situate, to my beloved son, MICHAEL K.. OWEN, provided that he
survive me by a period of ninety (9Q) days.
THIRD. In the event my said son Michael K. Owen should predecease me or is not
living on the 90th day following my death, I then give, devise and bequeath my said estate to my
daughter-in-law, ROBERTA BENSON OWEN, provided that she survive me by a period of
ninety (90) days.
FOURTH. In the further event m~ said daughter-in-law Roberta Benson Owen should
predecease me or is not living on the 90t day following my death, I then give, devise and
bequeath my said estate to my grandson, NICHOLAS ROBERT OWEN. In the event that
Nicholas Robert Owen is under the age of twenty-one (21) years, I then appoint as Trustee of any
property which passes to Nicholas Robert Owen under this Will or otherwise, CONNIE
KONDISCO, 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 tuition, books and materials, and class expenses for
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 tuition, books and materials, and class expenses for
college (both undergraduate and graduate), trade, business or technical
school education, of the said beneficiary;
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ROBERT L.
OWEN
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(SEAL)
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
C. 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;
D. 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
E. In the event .the above-mentioned person is unable to accept the position of
Trustee, I then name, constitute and appoint KERRI KONDISCO, as
Trustee, with the same powers hereinbefore stated.
F. If Nicholas Robert Owen dies prior to attaining the age of 21, any assets
remaining in Trust shall be distributed in accordance with Paragraph
FIFTH below.
FIFTH. In the further event that all of the named beneficiaries predecease me, I
give, devise and bequeath my entire estate as follows:
A. One-half (1/2) to the ASSOCIATION OF MIRACULOUS MEDAL of
Perryville, Missouri 63775, to be used for such purpose or purposes as the
Directors of said Association shall deem best;
B. One-fourth (1/4) to my wife's sister, MARIE DEMKO KONDISKO, on a
per stirpes distribution basis; and
C. One-fourth to my wife's brother, THOMAS F. DEMKO, on a per stirpes
distribution basis.
SIXTH. I nominate, constitute and appoint my son, MICHAEL K. OWEN, to be
the Executor of this my Last Will and Testament; ifhe be unable to fulfill the duties of Executor, I
then nominate, constitute and appoint ROBERTA BENSON OWEN to be the Executrix of this
my Last Will and Testament; if she be unable to fulfill the duties of Executrix, I then nominate,
constitute and appoint KERRI KONDISCO to be the Executrix of this my Last Will
and Testament.
ROBERT L.
HIS
-I..
OWEN
(SEAL)
MARK
WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
SEVENTH. I direct that my personal representative shall not be required to give bond
for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I, Robert L. Owen, Testator, being unable to sign my name
because of illness, have had my name subscribed for me in my presence and at my direction by
Richard L. Webber, Jr., Esquire, whereupon I have made my mark unassisted, in the space
between my name this 11 th day of March, 2004.
ROBERT L.
HIS
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OWEN
(SEAL)
MARK
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
On this March 11, 2004, Robert L. Owen, the above-named Testator, in our presence
declared the preceding instrument, consisting of this and four (4) other typewritten pages, to be his
Last Will and Testament and being unable to sign his name hereto because of illness directed his
name to be subscribed for him which the undersigned Richard L. Webber, Jr., Esquire, did
subscribe as directed in the presence of the Testator and in the presence of the undersigned,
whereupon the Testator in our presence unassisted made his mark or cross in the space provided
between his name, and we, in the presence of the Testator and in the presence of each other, at the
request of the Testator, have subscribed our names as witnesses.
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Robert L. Owen, the Testator whose name is subscribed to the foregoing instrument at his
direction by Richard L. Webber, Jr., Esquire, and by affixing his mark unassisted thereto, having
been duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument by my mark 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.
HIS
ROBERT L.
OWEN
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MARK
Sworn or affirmed to and acknowledged before
me by Robert L. Owen, the Testator,
this 11 th day of March, 2004.
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Notarial Seal '.
PatrIcla L Tome, Notary PublIC
ShIII)en8bUrg Boro, Cumbei1andCounty
-fAYtommlsslon Expires June 7, 2004
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
We, tfl:t~~rJ L. ~~ ~b'rJr--, t:hJVI(I~ A f-re y ,
and j \1) 1..I~ If). &rxp , 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 Robert L. Owen, the Testator, sign and execute the instrument by his mark as his
Last Will; that he signed willingly and that he executed it as his free and voluntary act for the
purposes therein expressed; that each of us in the hearing and sight of the Testator, signed the will
as witnesses; and that to the best of our knowledge the Testator was at the time eighteen (18) or
more years of age and of sound mind and under no constraint or undue influence.
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Sworn or affirmed to and subscribed before me by
/-;C (er Jl L Vcb~~rj )r-~
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witnesses, this L day of ':tt) () Ar h , 2004.
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Notarial Seal
Patricia L Tome, Notary Public
~rgBoro,Cumbei1andCounty
MY Commission expires June 7, 2004
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WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
(U(1~;:rlLAItI{jCOUNTY, PENNSYLVANIA
Estate of --.fL [) g F /l T
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(each) being duly qualified according to law, depose(s) and say(s) that
acquainted with ;0o!t"'+- l- O~~
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and
, Deceased
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she / he / they was / were weIl-
and am/are familiar
with the handwriting and signature of the decedent, and that the signature of fL .-~- t- L. 0 ~-
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of ;L#J~"'; t L t:J '-"~~
is in his/her own proper handwriting.
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(Street Address)
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(City. State. Zip)
(City. State. Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this (; </I; day
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OATH OF WITNESS(ES) TO WILL EXECUTED BY MARK
REGISTER OF WILLS
(UI1 /F',lLAIV'I) COUNTY, PENNSYLVANIA
Estate of
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, Deceased
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(L~cW L ~(C'.~btl~ J _., (each) a
(Print Name/s) -' ..J
subscribing witness to the IA Will 0 Codicil(s) presented herewith, (each) being duly qualified according to
law, depose(s) and say(s) that: Testator / Testatrix was unable to sign his / her name thereto; Testator's
/ Testatrix' name was subscribed thereto in Testator's / Testatrix' presence; Testator / Testatrix made
his / her mark thereon; Testator / Testatrix and deponent(s) were present when Testator's / Testatrix'
name was subscribed and when Testator / Testatrix made his / her mark; and Testator I Testatrix was
present when the undersigned signed the ri Will 0 Codicil as witness( es).
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Sworn to or affirmed and subscribed
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before me this & day
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