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Home My WebLink About04-29-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of JUDITH LOUISE WEAKLEY File Number ~~ _ ~ ~~~1 also known as Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) Deceased Social Security Number 226-58-0309 0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the persons named in the last Will of the Decedent dated 6/23/2008 and codicil(s) dated 03/12/2009 N/A (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: N/A B. Grant of Letters of Administration (lfapplicable, enter: e.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Adminis•tratiar, e.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Decedent, then 64 years of age, died on 4/18/2009 at 174 WILLOW MILL PARK ROAD MECHANICSBURG PA 17050 Decedent at death owned property with estimated values as follows (If domiciled in PA) All personal property $ 850,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 75,000.00 174 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050 situated as follows: 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 Typed or printed name and residence KIZ SMITH 128 OLD FORD DRIVE CAMP HILL PA 17011 ~ LUCI STONE 128 OLD FORD DRIVE CAMP HILL PA 17011 Page 1 of 2 Fnrm RW-Ol rev. 10.!3.06 ( l.V/YIYLC /C [!V ALL C.AJCJ:f attacn aaau[ona[ sweets [~ necessary. -~_ ~ , Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at 174 WILLOW MILL PARK ROAD MECHANICSBURG PA 17050 SILVER SPRING TOWNSHIP (LLs[ street nddress, town/city, township, county, state, zip code) Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 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 the ~q day of APR[I, 2009 For the Register File Number: c~C ~ ~ ' ~C~~ Estate of JUDITH LOUISE WEAKLEY ,Deceased Social Security Number: 226-58-0309 Date of Death: 4/18/2009 AND NOW, \J~'1~X c~C"1 , 2009 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to KIZ SMITH AND LUCI STONE in the above estate and that the instrument(s) dated WILL DATED JUNE 23, 2008 AND CODICIL DATED MARCH 12 2009 described in the Petition be admitted to probate and filed of record as the last Will (~nd Codicil(s))~pf Decedent. FEES - ~ Letters $ 660.00 Register of Wi s Short Certificate(s) ............ $ 40.00 Attorney Signature: Renunciation(s) ••.••..•........ $ WILL ,,., $ 15.00 Attorney Name: HEATHER D. ROYER CODICIL ,.,. $ 15.00 Supreme Court LD. No.: 76327 JCP ,,,, $ 10.00 AUTOMATION FEE ,,,, $ 5.00 Address: 4431 N. FRONT STREET. 3RD FLOOR $ HARRISBURG .... $ .... $ PA 17110 .... $ $ Telephone: 717-234-2401 TOTAL ............................. $ 745.00 r,„~,,, Rw-oz rev. io. ~3.0< Page 2 of 2 ~> C,r7 - i ~ ~ .. Signature of Persona! Representative -"~~ p~ i' '' ~• ~ ~ ~ tp9 ¢p5 RFV rpt/q7) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is Illegal to duplicate this copy by photostat or photograph., ~ Fee for this certificate, $6.00 I P 15450096 Certification Number Chis is to certify that the information here given is ;orrectly copied from an original Certificate of Death iuly filed with me as Local Registraz. The original ;ertificate will b forwazded to the State Vital tecord~ Oface f~! permanent filing. ,.ocal Registrar v tt200r r COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~~"^~N CERTIFICATE OF DEl1TH '~ See Instructions and exam les on reverse t P ~ STATE f0.E NUMBED ;~. ~ - A t;tate',~ r t7 r- ~ m tV ~._: ~ :7 r,--; , -r, Q~ 2s• C T . ~ _ ~ _ ~~ ap ~ , rri - ;,_ a ~ rn t. net a oecerea {Fa,t mm.. ua, eWl 2. s« 3.5awt Secuay NumOer .. D,r d own {Monet. ax wat Judith L. Weakley Female 226 - 58 -0309 pril 18.2009 5. ~ Itam &ataayl IMlau t 11a0er 1 say r. Dar d Berl (Moan. . Yeul T. SariPlaa (City an we « { ra. Pup d Oean ICtrd oay and 64 '~°'"" °i" '°"" "°"` March 18, 1945 Waynesboro. VA HOeper °"" Yn. ^ mDaaua ^ ER l UlaPriur ^ DDA ^ tiarrtq Homo Rer 0em ^Cmu - Spedy: B0. Caumy d Dum tc. CAy. Soro. Twp. d Dam b. F,aMy IUnr (M nat,rYnr,art, pw «eu an nunrert 9. W« D«aaa d HifPmc Onpn? ~ No ^ Y« 10. Race: Amu[an atran. 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MARITAL STATUS I declare that I am a single woman. CHILDREN I declare I have no children born to or adopted by me. DISPOSITION OF BODY ARTICLE I r~ ~ ~ _ -~, T~ f t"1 r_~ 2~ `..~r~ ~y ~ ~ lD - - ~",7 -. ~. '_' _ - -i . - ~ ~ .. a z~ r. 'C') I direct that my body be cremated and my ashes placed in my mother's vault located at Augusta Memorial Park, 1775 Goose Creek Road, Waynesboro, Virginia 22980. I direct that any and all decisions regarding the disposition of my body, including cremation decisions be made by my friends, LUCI STONE and KIZ CAROLINE SMITH, presently of Camp HiII, Pennsylvania, or by the survivor of them. PET ARTICLE II I give my dog, JOLLY MOONBEAM, to my friends, JAMES and KAY PONDER, presently of Enola, Pennsylvania, together with the sum of Ten Thousand ($10,000) Dollars which shall be expended for the care of my dog, JOLLY MOONBEAM, during its remaining lifetime; provided, however, that this gift shall lapse if my dog, JOLLY MOONBEAM, is not living at the time of distribution according to this provision or if my friends, JAMES and KAY PONDER, do not undertake to use the funds gifted herein for the care of my dog, JOLLY MOONBEAM. SPECIFIC BEQUESTS ARTICLE III A. I give my friend, KRISTEN L. ZELLNER, presently of Harrisburg, Pennsylvania, all of my interest in my pet food and pet supply business known as Abrams & Weakley General Store for Animals, the principal office of which is located at 3963 North 6~' Street, Harrisburg, Dauphin County, Pennsylvania 17110. This gift includes all of the property, tangible or intangible, used in connection with the business, including, without limitation the goodwill, accounts receivable, inventory, machinery, furniture and fixtures, contracts and all kinds of property used as part of that business and the enterprises connected with it. It also includes all insurance on the business assets and the proceeds, if any, from all insurance if there is a claim against that insurance at the time of Page 2 of 12 Pages my death. This gift does not include any property of any kind or nature that is not used in connection with the business. If my friend, KRISTEN L. ZELLER, does not survive me, then I direct my Co-Executrixes to liquidate this business, and all net proceeds of sale, after paying all claims and obligations allowed against my estate on account of the business, shall become part of my residuary estate. B. I give my fishing boat and its motor to my friend, JAY SHOAFF, presently of Mechanicsburg, Pennsylvania. If I do not own my fishing boat and its motor at the time of my death, then this gift shall lapse. C. I give my 1987 Volkswagon Vanagon to my friend, KIZ CAROLINE SMITH. If I do not own my 1987 Volkswagon Vanagon at the time of my death, then this gift shall lapse. D. I give my 2005 Subaru Baja to my friend, JAMES PONDER. If I do not own my 2005 Subaru Baja at the time of my death, then this gift shall lapse. E. I give my 2001 PT Cruiser to my friend, JAY SHOAFF. If I do not own my 2001 PT Cruiser at the time of my death, then this gift shall lapse. F. I give the cash balances of any and all bank accounts that I may own at Commerce Bank at the time of my death to my friends, LUCI STONE and KIZ CAROLINE SMITH in equal shares. If either LUCI STONE or KIZ CAROLINE SMITH fails to survive me, then the survivor shall receive the balances of any and all said bank accounts. Page 3 of 12 Pages REAL ESTATE ARTICLE IV I give my real property located at 174 Willow Mill Pazk Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"), to my friends, LUCI STONE and KIZ CAROLINE SMITH, as joint tenants with the right of survivorship. If the Property is subject to a mortgage or other encumbrance at the time of my death, any remaining obligation secured by the mortgage or encumbrance shall be dischazged by the use of funds from my residuary estate so that the beneficiary shall receive the Property free from the mortgage or encumbrance. If neither LUCI STONE nor KIZ CAROLINE SMITH survives me, then my Property shall be sold and the proceeds added to my residuary estate. PERSONAL PROPERTY ARTICLE V I direct that the remainder of my household furnishings and tangible personal property not otherwise disposed of in the preceding portions of this Will, be sold and the proceeds added to my residuary estate. Page 4 of 12 Pages RESIDUE ARTICLE VI I direct that the rest, residue and reminder of my estate be divided and distributed as follows: A. Fifty (50%) percent to JAMES PONDER and KAY PONDER, or to the survivor of them. If both JAMES PONDER and KAY PONDER fail to survive me, then I direct that this fifty (50%) percent share of my residuary estate be divided and distributed pro rata among the other beneficiaries listed in this Article VI. B. Ten (10%) percent to ELIZABETH McQUAID, presently of Carlisle, Pennsylvania. If ELIZABETH McQUAID fails to survive me, then I direct that this ten (10%) percent share of my residuary estate be divided and distributed pro rata among the other beneficiaries listed in this Article VI. C. Ten (10%) percent to JAY SHOAFF and SHAWN SHOAFF, or to the survivor of them. If both JAY SHOAFF and SHAWN SHOAFF fail to survive me, then I direct that this ten (10%) percent share of my residuary estate be divided and distributed pro rata among the other beneficiaries listed in this Article VI. D. Ten (10%) percent to LINDA KRUGER, presently of New Cumberland, Pennsylvania. If LINDA KRUGER fails to survive me, then I direct that this ten (10%) percent share of my residuary estate be divided and distributed pro rata among the other beneficiaries listed in this Article VI. Page 5 of 12 Pages E. Ten (10%) percent to SUSAN CASTRO. If SUSAN CASTRO fails to survive me, then I direct that this ten (10%) percent share of my residuary estate be divided and distributed pro rata among the other beneficiaries listed in this Article VI. F. Ten (10%) percent to DOUGLAS DEFFENBAUGH, presently of Waynesboro, Virginia. If DOUGLAS DEFFENBAUGH fails to survive me, then I direct that this ten (10%) percent share of my residuary estate be divided and distributed pro rata among the other beneficiaries listed in this Article VI. EXECUTRIX ARTICLE VII A. Apaointment. I appoint my friends, LUCI STONE and KIZ CAROLINE SMITH, to act jointly as the Co-Executrixes of this Will. If either LUCI STONE or KIZ CAROLINE SMITH is unwilling or unable to serve, then the remaining Executrix shall serve alone. B. Bond. No bond or other security shall be required of any Executrix appointed in this Will. C. Comaensation. The Executrix shall receive reasonable compensation for her services performed as determined by the Court in which this Will is admitted to probate. Page 6 of 12 Pages CO-EXECUTRIX POWERS ARTICLE VIII I give my Co-Executrixes in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate, to be exercised from time to time in the discretion of my Co-Executrixes without further order or license of the Register of Wills or of any court: A. Investments. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to compromise claims, and to sell any property at public or private sale; B. Securities. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; C. Litigation. To engage in litigation and compromise, arbitrate or abandon claims; D. Distributions. To make distributions in cash or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; E. Tax Returns. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; Page 7 of 12 Pages F. Loans. To pay off any loans I may have taken against any life insurance policies owned by me that remain unpaid at the time of my death; G. Borrowing and Encumbering. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; H. Property Management. To manage, control, repair and improve all real and personal property; I. Insurance. To procure and carry at the expense of the estate, insurance of the kinds, forms and amounts deemed advisable by the Co-Executrixes to protect the estate and the Co-Executrixes against any hazard; J. Emnloyment of Attorneys, Advisors and Other Agents. To employ any attorney, investment adviser, accountant, broker, tax specialist or any other agent deemed necessary in the discretion of the Co-Executrixes; and to pay from the estate reasonable compensation for all services performed by any of them; K. Business Oaeration. If I have an interest in a business at the time of my death, whether the same is a sole proprietorship, apartnership, or a corporation in which I own all or a substantial interest or portion of stock, I authorize my Co-Executrixes, subject to the terms of any agreement I may have made for the sale of my interest, to continue such business, without order of court, until such time as they deem it advisable to sell, liquidate or distribute the same in kind. My Co-Executrixes shall have all rights and powers in connection with such business as I had when living, including by way of Page 8 of 12 Pages example and not limitation the powers to operate or join in the operation thereof as a going concern, to form or re-form a general or limited partnership, to incorporate or re- incorporate and to liquidate or sell the same or any part thereof, all as they deem advisable for the best interests of my estate and of the beneficiaries thereof, without any liability for loss resulting from the operation of such business except where such loss is the result of gross negligence or fraud on the part of my Co-Executrixes. My Co- Executrixes shall be entitled to receive, for their services in connection with such business, such additional compensation as may be commensurate therewith. L. General. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations. The enumeration of certain powers in this Will shall not limit the general or implied powers of the Co-Executrixes. The Co-Executrixes shall have all additional powers that may now or hereafter be conferred on the Co-Executrixes by law or that may be necessary to enable the Co-Executrixes to administer the provisions of this Will, subject to any limitations specified in this Will. NO ALIENATION ARTICLE IX No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. Page 9 of 12 Pages NO CONTEST ARTICLE X If any beneficiary or remainderman under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary or remaindenman under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. LEGALITY OF ARTICLES ARTICLE XI If any provision of this Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as it is possible and reasonable. TAXES ARTICLE XII All estate, inheritance and succession taxes, together with any interest and penalties thereon, payable as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the residue of my estate. Page 10 of 12 Pages IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of twelve (12) typewritten pages, including this attestation .> ~ ~ ~~~ clause, to be executed, declared and published this ,L.-~ day of _, 2008, at River Chase Office Center, 4431 North Front Street, Harrisburg, Pennsylvania. vt-~ ~ ~ aU ~5 ~~ C~J~~I' '~ ~ (SEAL) DITH LOUISE WEAKLEY Signed, sealed, published and declared by the above named JUDITH LOUISE WEAKLEY, Testatrix, as and for her Last Will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ima I~YI dam" L. Residing at ~1~~-2~-~.~`~~ 2[s~~Q~- IZ(lo Residing at aj~]3 n }jN ~- ~i~Jo3 Residing at ~~ ~yp(,,,nja ~~ ~. ~a.ncaal~er ~A 17(~OZ Page 11 of 12 Pages COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN We, JUDITH LOUISE WEAKLEY, thLe Testatrix, ar;~ , ~11N1A, rn - ~(I111(U~ and ~, . ,~70.11~-C S ,the witnesses, 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 her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness and that to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. JUDITH LOUISE WEAKLEY Witness C_ Witness Witn ss Subscribed, sworn to and acknowledged before me by JUDIT LOUISE WEAKLEY, the Testatr~ixMand subscribed nand sworn to before me b ~ , ~~ Y ~ ~ • ~~(~Sl~ and ~ . % /~,S` witnesses this t~ r G~~J~_ day of ~ , 2008 L. Notary ublic My Commission Expires: COMMONWEfALTH OF PENNSYLVANIA Notarial Seal Tonya S. Stoneroad, Notary Public Susquehanna Twp., Dauphin County My Commission E~ires Nov. 29, 2008 Page 12 of 12 Pages Member. Penra:+y4vania Association Of Notaries 9806-1-5/Codicil/HDR/tmc 3/4/09 10:53 AM FIRST CODICIL TO THE WILL OF JUDITH LOUISE WEAKLEY I, JUDITH LOUISE WEAKLEY ,presently of Cumberland County, Pennsylvania, made my Last Will and Testament dated June 23, 2008, do hereby make, publish and declare this to be a First Codicil to my said Will. Substitution of Provision Article IV on Page 4 of the aforesaid Will is hereby revoked and the following is ~, , , C O c' .,o =~? _,,, substituted in its place: ~ a. _.,. , : _., P"+_; ~~ ~~ _"t7~~ '~ ti%'~ t7 REAL ESTATE ~ < ~• __:. ~ ~~ c ~ c-- a• ~ -~" t ARTICLE IV :~~ ~ _ '':~ r~,=~ 05 A. I give my real property located at 174 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Mechanicsburg Property"), to my friends, LUCI STONE and KIZ CAROLINE SMITH, as joint tenants with the right of survivorship. If the Mechanicsburg Property is subject to a mortgage or other encumbrance at the time of my death, any remaining obligation secured by the mortgage or encumbrance shall be discharged by the use of funds from my residuary estate so that the beneficiary shall receive the Mechanicsburg Property free from the mortgage or encumbrance. If neither LUCI STONE nor KIZ CAROLINE SMITH survives me, then my Mechanicsburg Property shall be sold and the proceeds added to my residuary estate. B. I give my real property located at 930 Highway 340, Stanley, Virginia (the "Virginia Property"), to AMY GOODE. If the Virginia Property is subject to a mortgage or other encumbrance at the time of my death, any remaining obligation secured by the mortgage or encumbrance shall be discharged by the use of funds from my residuary estate so that the beneficiary shall receive the Virginia Property free from the mortgage or encumbrance. If AMY GOODE fails to survive me, then my Virginia Property shall be sold and the proceeds added to my residuary estate. Republication of Will In every other respect, I hereby confirm and republish my Last Will and Testament dated June 23, 2008. Page 2 of 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this First Codicil, consisting of four (4) typewritten pages, including this attestation clause, to my Last Will and Testament dated June 23, 2008 to be executed, declared and published this ~''' day of 2009, at (SEAL) r~d~l DI H LOUISE WE K Y Signed, sealed, published and declared by the above named JUDITH LOUISE WEAKLEY, Testatrix, as and for her First Codicil for her Last Will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. Residing at 3~~ ~ ~ ~-C~,$ Yyi-~'L., Residing at 30'x' l3/~,~s~,is~4 .fZd. (, ~~ Residing at ;, ~/ 30 C'~,~-~ (,sIQ ~c~ C'cw,,~~ ~~ ~~I1. ~~ i~o+r Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF . SS. We, JUDITH LOUISE WEAKLEY, the Testatrix, and Clr-n~~ N ~ P P t--~ C'c~...) `~ s a,., L_ W1C~ c,.--a Lc- and ~ G ~ ~ ,,~~ ~U ~zK ,the witnesses, 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 the First Codicil to her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the First Codicil as a witness and that to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~~ ITH LO ISE E KL Y ess - ~~ ss Witness ,`~ Subscribed, sworn to and acknowledged before me by JiIDITH LOUISE WEAKLEY, the Testatrix, and subscribed and sworn to before me by C~~.S ~lU~, ~e (S S' ~J^J ~vsa.•~ G. /~j~i' c.~4 .1 ~ and ~f ~ ~ r, , L (~' p ~ k ,witnesses, this 19-'~`''` day of ~ , 2009. ' .W otary Publi (SEAL) ~M~~~-TH OF PENNSYLVANiq ax~OpNer M. Hamma~, ~Y PubNa Page 4 of 4 ~awerANen Twp., Gs My Corrr-~lon E~ir~es Apd130~20~1 Yi Member, Psnnaylvania Association of Notaries