HomeMy WebLinkAbout03-0968 IN RE: Estate of Claude Wheeler, Sr.
No. 2003-0968
Affidavit of Foreign Fiduciary
On this I~ day of '"~j~ .~ , 2004, before me, a Notary Public in and for the State of
Florida, County of Indian River, p'L~sonally appeared JoAnn Wheeler, who, being duly sworn
according to law, and intending to be legally bound, deposes and says that Claude Wheeler, Sr.
died on May 20, 2003, in the State of Florida being seized in fee of certain real estate
located in the County of Cumberland, Commonwealth of Pennsylvania;
That a Petition for the Grant of Letters of Administration was duly filed in Indian
River County, Florida, by JoAnn Wheeler by which Letters of Administration were issued
on August 7, 2003, filed to No. P-2003-0385;
That after diligent search and inquiry, the Estate of Claude Wheeler, Sr. is not, to
her knowledge or so far as she has been able to discover, indebted to any person in the
Commonwealth of Pennsylvania, other than M&T Bank, possible inheritance taxes, and
costs of administration and sale of various estate assets, in amounts to be determined
and to be paid for by the sale of estate assets in the ordinary course of estate
administration; and
That she will not exercise any power which she would not be permitted to
exercise in the State of Florida.
J o/~(n~ Wheeler
Pers'bnal Representative of the
Estate of Claude Wheeler, Sr.
Sworn to and sq~c,,~bed before me this ::, ~-
I ~ day of -y ]1' ~_~,,, ~ ,2004. F.: ~. c~
by JoAnn Wheeler who I~ersonally known ,:
to me.
3',
Uc[tary F~i~.~ F,,~ ?":'
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT IN AND
FOR INDIAN RIVER COUNTY
STATE OF FLORIDA
EXEMPLIFIED COPY OF THE RECORD OF
ESTATE OF
DECEASED
IN THE CIRCUIT COURT 'OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY, FLORIDA
STATE OF FLORIDA, )
) SS.
COUNTY OF INDIAN RIVER, )
I, JEFFREY K. BARTON ,Clerk of the Circuit Court in and for Indian
River County, Florida, the same being a court of record and having probate jurisdiction, DO
HEREBY CERTIFY the foregoing to be a full and complete copy of
Petition for Administration
Certificate of Death
Last Will and Testament of Claude Wheeler, Sr.
Petition for Appointment of Commissioner
Commission
Order Admitting Will to Probate and APpointing Personal
Representative
Oath of Personal Representative and Designation and
Acceptance of-Resident Agent
Letters of' Administration
in the Matter of the Estate of CLAUDE WHEELER, SR. deceased,
as the same appears from the records and files of the Circuit Court of Indian River COunty,
Florida.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court
at Vero Beach, Indian River County, Florida, this ~3 .-~
A.D. :~ 2003.
Clerk of the Circuit Court
~ x of Indian River Cqunty, Florida
STATE OF FLORIDA, ) By :'"~
) SS. Deputy Clerk
COUNTY OF INDIAN RIVER, )
I, ROBERT HAWLEY Circuit Judge of Indian River County, Florida,
DO HEREBY CERTIFY that JEFFREY K. BARTON whose name
is subscribed to the foregoing certificate and attestation is the duly appointed and qualified
Clerk of the Circuit Court, of Indian River County, Florida, and that the seal thereto affixed
is the genuine seal of the said Court, and that the said certificate and attestation are in due
form and made by the proper officer, and that full faith and credit are due an~ ought to be given
to all the official acts of said Clerk, as well in courts of judicature as elsew/~e
IN TESTIMONY WHEREOF, I have hereunto set my hand and ~ at Vero Beach, Indian
River County, Florida, this /7{ day of ~ / A.D. ~2003.
(Seal)
Judge of the Circuit Court
of Indian River County, Florida
STATE OF FLORIDA, )
) SS.
COUNTY OF INDIAN RIVER, )
h JEFFREY K. BARTON , Clerk of the Circuit Court of Indian River County,
Florida, DO HEREBY CERTIFY that the Honorable ROBERT HAWLEY
is Judge of the Circuit Court for Indian River County, Florida, duly commissioned, qualified and
acting and that the signature to the foregoing certificate and attestation is genuine and in his own
proper handwriting, and that full faith and credit are due and ought to be given to all of his
official acts as well in courts of judicatbre as elsewhere.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court
at Vero Beach, Indian River County, Florida this O~ day o(..~'/~.~_~-~, A.D.
kgx2003.
Clerk of the Circuit Court
,q of Indian River Coynty, Florida
Deputy Clerk
No. 21-2003-968 ·
Estate Of CLAUDE WHEELER, SR.
,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW NOVI~MBER 21ST. 2003
IT IS DECREED that the instrument(s) dated M~RCH 2nd, 1990
~ ' ~rpbate~and filed of record~R:~:~~ww
C~E ~r.~R. SR. .
~o
Probate, Letters, Etc .......... $.
Short Certificates( ) .......... $. ATTORNEY (Sup. Ct. I.D. No.)
Renunciation ................ $
$ ADDRESS
TOTAL __ $ 18~.00
Filed November 21st, 2003
PHONE
;N FOR PROBATE and T OF LETTERS
Estate of No.
To:
also known as ~ is of Wills for the
Deceased. of in the
Social Security No. Commonwealth of Pennsylvania
The petition of the under ;ned respectfully represents hat:
Your petitioner(s), who 18 years of age or older the execut named
in the last wilt of the above dated ,19
and codicil(s) dated
(state relevant e.g. death of executor, etc.)
Decendent was domiciled at death in County, Pennsylvania, with
h last family or principal
(list street, n ~nd muncipality)
Decendent, then. years of age, died ,19. ,
at ............. a~aent did not marr'~ was dot'divorced and did not have a child born or adopted.
aft~exPetc~i~ot~n"ot'fWt~e~v~'l~offered for probaJt'e; wat l~gix~ victim of a killing and was never adjudicatea
incompetent: .. J,
Decendent at death owned property with estimated values h~ follows:
(If domiciled in Pa.) All personal property ~ $
(If not domiciled in Pa.) Personal properj[y in Pennsylvania $-
(If not domiciled in Pa.) Personal prope~/ty in County ~ $
Value of real estate in Pennsylvania ! ~ $
situated as follows: !
/
petitioner(s) respectfull~ request(s) the probate of th-~last will and codicil(s)
WHEREFORE,
presented herewith and the grant of letters / .
theron. ~ (testamentary; administration c.t.a.; ~d.b.n.c.t.a.)
OATH OF PERSONAL REPRESENTATIYE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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 represen-
tative(s) of the above decedent peiitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed an~ subscribed ~.
before me this day of
Register
tN'rilE RECOROS OF
JEFFREY K. IN~RTON
CLERK CIRCUR' COURT
INDIAN ~NER CO., FLA.
IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA
IN RE:ESTATE OF PROBATE DIVISION
CLAUDE WHEELER, SR, File Number P-2003-~'~x~" .c"
Deceased. Division: Probate
LETTERS OF ADMINIST~TION · z~
TO ALL WHOM IT MAY CONCERN ~ ~- :-'
WHEREAS, CLAUDE WHEELER, SR. a resident of Indian River County, ~nd~
died on May 20, 2003, owning assets in the State of Florida, and
WHEREAS, JOANN WHEELER has been appointed Personal Representative of
the estate of the de.dent and has pedormed all acts prerequisite to issuance of
Letters of Administration in the estate,
NOW, THEREFORE, I, the undersigned Circuit Judge, declare JOANN
WHEELER duly qualified under the laws of the State of Florida to act as Personal
Representative of the estate of CLAUDE WHEELER, SR., deceased, v~ith full power to
administer the estate according to law; to ask, demand, sue for, recover and receive
the property of the decedent; to pay the debts of the decedent as far as the assets of
Ihe estate will permit and the law direcls; and to make distribution of the estate
according to law.
Copy furnished counsel: c:~
Lois Reid Clemente ~
INDL~I RNER CO., FLA.
LAST WILL AND TESTAMENT
·
OF
of sound mind, memory and understanding, do ma~ 'am p~Ii~--~hi~
my Last Will and Testament, hereby revoking and making void'all'
former Wills by me at any time heretofore made.
ITEM I. I direct that all my just
debts and funeral expenses be fully paid and satisfied as soon as
conveniently may be after my decease.
ITEM II. I give unto my son, Douglas
Wheeler, my gun collection, provided, however, that he shall
divide my gun collection among my grandchildren in such manner, in
his sole discretion, as he shall choose.
ITEM III. I give all the rest, residue
and remainder of my estate unto my wife, JoAnn Wheeler, provided
she survives me by thirty (30) days.
ITEM IV. In the event my wife, JoAnn,
does not survive me or does not survive me by said period of
thirty (30) days, I give all the rest, residue and remainder of my
estate equally, among the following children, provided they
survive my death:
A. My son, Douglas wheeler.
B. My son, Claude Wheeler, Jr.
C. My daughter, Stephanie Stern.
D. My wife's daughter, Anne Sterner
ITEM V. In addition to the powers
conferred by law, I authorize my Executor in absolute discretion:
A. To retain in the form received, and to sell either at
public or private sale any real or personal property.
B. To manage real estate.
C. To invest and reinvest only in forms of property defined
as legal investments according to the laws of the Commonwealth of
Pennsylvania.
D. To exercise any optional rights arising from ownership
of investments.
E. To compromise claims without court approval, and without
the consent of any beneficiary.
ITEM VI. It is hereby directed that my
Executor, hereinafter named, shall pay all inheritance, state,
succession and legacy taxes to which my estate or the transfer of
any property hereunder may be subject and to charge such tax as
part of the administration, payable out of my residuary estate.
·
ITEM VII. I nominate, constitute and
appoint my wife, JoAnn Wheeler, to be and act as my sole Executrix
of this my Last Will and Testament. In the event of renunciation,
death, resignation or inability to act for any reason whatsoever
of my wife, JoAnn Wheeler, I nominate, constitute and appoint my
financial advisor, Paul Velencia, as Executor of this my Last
Will and Testament. As a final alternative, I appoint Dauphin
Deposit Bank and Trust Company of Harrisburg, Pennsylvania, to be
and act as my sole Executor of this my Last Will and Testament.
My Executrix/Executor shall not be required to post bond or give
any security.
IN WITNESS WHEREOF, ! have hereunto set my hand and seal
this ~2 ~._L day of
/C~UDE-WHE~LER, SR. ' ' (SEAL)
The preceding instrument, consisting of this, and two other
typewritten pages, was on the date thereof signed, published and
declared by CLAUDE WHEELER, SR., the Testator therein named, as
and for his Last Will, in the presence of us, who at his request,
in his presence and in the presence of each other, have subscribed
our names as witnesses hereto.
/
IN TIlE RECORDS OF
_.,~__FP.L~' K. lUmTON
~,R.ERK ClRCUFIF OOURT
INDL~ RNER CO., FL~
IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA
IN RE: ESTATE OF PROBATE DIVISION
CLAUDE WHEELER, eR. File Number P-2003-0395 o-~
Deceased. Division: Probate crt
I .~ ~ _~
E I TMENT FC MMISSI
Petitioner, JOANN WHEELER, alleges:I~ / .~..~j"~
1. Petitioner has filed a Petition for Administration in this Court requesting th'~'the ~.
(.;-)
Last Will And Testament of CLAUDE WHEELER, SR., deceased, dated March 2, 1990,
I
executed at Harrisburg, PA, be admitted to probate.
.'E'. '
2. None of the witnesses to the Will can appear before this Court without ..~
inconvenience.
3. Petitioner requests that the Court appoint as Commissioner
NANCY BRESKI, Notary Public
3631 North Front Street
Harrisburg, PA 17110-1533
to take the testimony of FAY L. POTTEIGER, one of the witnesses to the Will, whose address
is 3631 North Front Street, Harrisburg, PA 17110-1533.
Under penalties of perjury, I declare that I have read the foregoing, and lhe facts alleged ~
are true, to the best of my knowledge and belief. ~
Signed o b LA i~--' ,2003 --o
t c-~
JOA~ 'WHEELER, Petiti~3n~r L.
Lois Reid Clemente, Esq.
Attorney for Petitioner
Florida Bar No 0482330
LOIS REID CLEMENTE, P.A.
6606 20u' Street
Veto Beach FL 32966-7902
Telephone: (772) 567-6480
Fax: (772) 562-0220
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN PlVER CO., FLA.
IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA
IN RE:ESTATE OF '~'
PROBATEi. OiV~iONo
~o.~
CLAUDE WHEELER, SR. File Nu b~r I~-,~o
Deceased. Division: -~--r~ =~ _
ORDER Al)MITrING WILL TO PROBATE
AND APPOINTING PERSONAL REPRESENTATIVE ~ :~-
The instrument presented to this Court as the Last Will of CLAUDE WHEELER,
SR., deceased, having been established by the oath of NANCY BRESKI, a subscribing
and attesting witness, as being the Last Will of the decedent, and no objection having
been made to its probate, and the Court finding that the decedent died on May 20, 2003,
and that JOANN WHEELER is entitled and qualified to be Personal Representative, it is co
.'E'..
ADJUDGED that the Will dated March 2, 1990, and attested by CHARLES --
DeHART, III and FAY L. POTTEIGER, as subscribing and attesting witnesses, is
admitted to probate according to law as the Last Will of the decedent, and it is further
ADJUDGED that JOANN WHEELER is appointed Personal Representative of the
estate of the decedent, and that upon taking the proscribed oath, filing Designa[iefl}And
Acceptance Of Resident Agent, and entering into bond in the sum of .~g~etters
Of Administration shall be issued.
ORDERED ~!003
Circuit Judge
Copy furnished counsel:
Lois Reid Clemente, Esq.
IN THE RECOP. O~ OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDLRN RNER CO., FLA.
IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA
IN RE: ESTATI: OF PROBATE DIVISION
CLAUDE WHEELER, SR. File Number P-2003-~'~"' '--
Deceased. Division: Probate .c'-
I o'~
OATH OF PERSONAL REPRESENTATIVE AND
DESIGNATION AND ACCEPTANCE OF RESIDENT AGENT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER !
I, JOANN WHEELER (Affiant), state under oalh that:
1. I am quahfied within the provisions of Sections 733~30~.',~7'~3
733.304 of the Florida Probate Code to serve as Personal Re '
presentahve of tl~es ~_~
of CLAUDE WHEELER, SR., deceased.
2. I will faithfully administer the estate of the decedent according to law. .-E'.
3. My place of residence is 6419 55t~ Square, Veto Beach FL 32967 and my
post office address is the same.
4. I hereby designate LOIS REID CLELMENTE, who is a member of The
Florida Bar, a resident of Palm Beach County, Florida, whose office address is 6606
20t~ Street, Vero Beach, FL 32966-7902 and whose post office address is the same as
my agent for the service of process or notice in any action against me, either in my
representative capacity, or personally, if the personal action accrued in the
administration of the estate.
//,
JOANN WHEELER, Affiant"
Sworn Io and subscribed lo before me on July ~ 2003, by Affiant, who is
personally known to me (.~ or who produced
as identification. .-.-
] -__~' ' 3.~1t F. iIO II
l~tl~l~.l~l~. ~ Ii
~,~ ~,~._~_~,',?._.~! Notary Public Slate of Florida
My Commission Expires:
My Commission Number is:
(SEAL)
ACCEPTANCE
I CERTIFY that I am a permanent resident of Palm Beach County, Florida, and
my office address is as indicated above. I hereby, accept the foregoing designation as
Resident Agent.
Signed on ~3'-''''~'
LOIS REID CLEMENTE
.OATH OF WITNESS
STATE OF PENNSYLVANIA
COUNTY OF
U
The undersigned FAY L. POTTEIGER, being duly sworn says that the writing
purported to be the Last Will of CLAUDE WHEELER, SR,, deceased, a copy of which is
attached hereto, is the writing that the decedent executed and that the undersigned and
CHARLES DeHART, III, subscribed as attesting witnesses on March 20, 1990; that the
decedent signed the original of the writing at the end in the presence of the attesting
witnesses or acknowledged in the presence of the attesting witnesses that the decedent
had previously signed the writing at the end; that the witnesses, in the presence of the
decedent and in the presence of each other, subscribed their names to the writing as
attesting witnesses; and that the undersigned believes the decedent was of sound mind
and 18 or more years of age or an emancipated minor at the time.
FAY L~POTTEIGER, ~,~fiant
Sworn to and subscribed before me on ~uc.~, ~ S' ,2003, by FAY L.
POTTEIGER who is personally known to me (.~) or who produced as ~' ......
identification. L~__ "· ' """'.'"
I ~lqnd fueiON 't)153U8 '1 AONVN I ANCY BRESKI, Commissioner . -:.- :.,; ~' ...;. :, :'
NOTE TO COMMISSIONER: Affix your official seal and indicate your tNle. ff a Notaqy . ~ ..'.
Public, state the date of expiration of your commission and your official number, if any. If
you are a person othen/vise authorized to administer oaths and take acknowledgments, ', -'
c~e the applicable law. Po
C. ERTIFICATE OF COMMISSIONER
I CERTIFY that FAY L. POTTEIGER appeared before me on July e?~, 2003, and
after being by me duly sworn, executed the foregoing oath in my presence, and it was
duly attested by me, and I now certify it to the Circuit Judge of Indian River County,
Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal of office on July .~ , 2003.
NANCY BRF. SKI, Commissioner '!'"'::": ':. ~ ' ,'.
.
I .OTA. LS '1
I NANCY L BRESKI, Notary Public I ... '-*
I Susqueh~rma TOwnship, Dauphin County I
IMy Commission Expires March 16, 20o4j · ·
, ,. IN THE REGORDS OF
[CORO JEFFREY r,.
"") 0 ~:0~ R ~NSt~lel CLEnKCI'RCUITCOUFIT
· FiLl ' O,%,R01 OR~ INDIAN lalVER CO., FI.A.
IN THE CIRCUIT COURT'FOR~.IN~A~ COUNTY, FLORIDA
03
IN RE:ESTATE OF .~.~:[:~-[-~-~i Ct~R.~ PROBATE DIVISION
CLAUDE WHEELER, SR. C'[ti,~,t~,'i~"'" ;, :'. File Number P-2003-?C~ 4:-
Deceased. .,v. ..... - .... ' Division: Probate r,.n
I'
FILED IN OPEN COURT C~
Date _"~° c~;;;;). (~3~ c:)
COMMISSION By___
TO: NANCY BRESKI, 3631 North Front Street, Harrisburg PA 17110-1533, an officer
duly authodzod by the laws of the State of Penns~vania to administer oaths and take
acknowledgments, GREETINGS:
I
WHEREAS, a writing represented to be the Last Will of CLAUDE WHEELER, SR., co
deceased, has been offered to this Court for probate; and
WHEREAS, it appears that the subscribing and attesting witnesses thereto cannot
appear before this Coud without inconvenience; and
WHEREAS, it is necessary that the oath of one of the subscribing and attesting
witnesses be submitted to this Court in order for the writing to be admitted to probate as
the Last Will And Testament of CLAUDE WHEELER, SR., deceased.
NOW THEREFORE, I, the undersigned Cimuit Judge in and for Indian River
County, Florida, have appointed you as Commissioner of this Court and you are
hereby directed to cause FAY L. POTTEIGER, one of the subscribing and attesting
witnesses to the writing, pemonally to come be[ore you and, after being duly sworn, take
an oath in the form hereinafter provided regarding the execution of the writing, a copy of =~
which is attached to this Commission, purporting to be the last Will of CLAUDE cr~
WHEELER, SR.. deceased, and to certify the oath and return this Commission, copy of .c-
Will, Oath of Witness, and Certificate of Commissioner to this Court without delay. ~
I
ORDERED on~' ,;L<,3. ,2003. /~/
Circuit Judge
IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA
IN RE:ESTATE OF ~N T.r: R£CO~.~S OF PROBATE DIVISION
CLAUDE WHEELER, SR. CI.EflK C:RCUIT COURT File Number P-2003.6
[~c~asl~. INDIAN PW,~. CO..F~. Division: Probate
I
OFFICE of VITAL STATISTICS
CERTIFIED COPY
CERTIFICATE OF DEATH
~"~ FLORIDA
l~er 6, 1933
hd~ ~ver H~hl Ve~ ~ach hd/n ~ve~
~er/Operator Auto PartG ~ted I Jo~ Buff~p
Florida [l~n ~ver ' Veto ~ach [ 6419 55ch ~re
32967
~cd ~eeler I~bec~ ShettezZe~
~ee[e~
I
b~t9 5~th S~re; Te~o Seach~ ~[o~t~ 3~967
..J/-- ~/ I
~ ~ ~, ~ [ ~ L950 20th St;eet;Vero b=-b,Florih 32960
~J ~ I /0:52 P. u
~oberr Tobar, ~., 777
WARNIN
BUREAU OF INDIVIDUAL TAXES COMMONWEALTH OF PENNSYLVANIA t% _~. ~
DEPT. 280601 DEPARTMENT OF REVENUE
HARRISBUP~G, PA 17128-0601
March 22, 2004
IN YOUR REPLY PLEASE
REFER TO:
(717) 783-3836
GLENDA FARNER
REGISTER OF WILLS
CUMBERLAND COUlgTY COURTHOUSE
1 COURTHOUSE SQ ~ ~_~
CARLISLE PA 17013
Dear Ms. Farner: CD
Re: Estate of Claude Wheeler, Sr.
File No.: 21-03-0968
County: Cumberland
Date of Death: May 20, 2003
The subject decedent at death legally resided outside the state of
Pennsylvania; accordingly, you are authorized to close your records for
inheritance tax purposes.
All other inheritance tax documents filed under your resident
inheritance tax number for the subject decedent (if any) should be forwarded
to this office at the address shown above. Included should be photocopies of
all receipts for collection of inheritance tax in the subject estate which
have been issued by your office.
It is not necessary to return Departmental documents forwarded to your
office under the nonresident file number as we maintain a file of all
documents forwarded for the estates.
All matters concerning this estate will be maintained under the
Pennsylvania Nonresident File Number 99-04-0188.
Thank you for your cooperation in this matter.
Sincerely,
John Murphy, Chief
Inheritance Tax Division
S-IT:INH13
03:wd:015
~UTHORJZAT!ON 25-~
J~.AILF..D AT READING P,~ ~-~
./' . ' ' IN TI"IE RECORDS OF
JEFFREY K BARTON
CLERK CIRCUIT COURT
INDIAN I~IVER CO., FLA.
IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA
IN RE: ESTATE OF PROBATE DIVISION
CLAUDE WHEELER, SR. File Number P-2003- O.~c~
Deceased. Division.'** Probate
PETITION FOR ADMINISTRATION - · ,,.o
Petitioner, JOANN WHEELER, alleges: ~,<~:z,..,=
1. Petitioner has an interest in the above estate ~s the
Representative named under the Last Will And Testament of CLAUDE WHEELER, SR. ca
Petitioner's address is 6419 55th Square, Vero Beach FL 32967 and the name and
,
office address of Petitioner's attorney are set forth at the end of this Petition.
2. Decedent, CLAUDE WHEELER, SR. whose last known address was ..~
6419 55th Square, Vero Beach FL 32967, and, whose age was 69 and whose social
security number is 232-50-4841, died on May 20, 2003 at Vero Beach, Florida, and on
the date of death decedent was domiciled in Indian River County, Florida.
3. So far as is known, the names of the beneficiaries of this estate and of the
decedent's surviving spouse, their addresses and relationship to decedent, and the
dates of birth of any who are minors, are:
NAME ADDRESS RELATIONSHIP DOB :~
JOANN WHEELER 6419 55TM Square Spouse Adult ~
Vero Beach FL 32967 ---"
DOUGLAS WHEELER 3 Clendenin Circle Son Adult c~
Enola PA 17025 '~'
1
4. Venue of this proceeding is in this county because the decedent was a
resident of Indian River County.
5. JOANN WHEELER, whose address is 6419 55th Square, Veto Beach FL
32967 and who is quaiil'ied under the laws of the State of Florida to serve as Personal
Representative of the decedent's estate is entitled to preference in appointment as
Personal Representative because she is the spouse of the decedent and is named as
the Personal Representative under the Will of CLAUDE WHEELER, SR..
6. The nalure and approximate value of the assets in this estate are under
$75,0OO.00.
7. This estate will not be required to file a federal estate tax return.
8. The decedent's original Last Will And Testament, dated March 2, 1990,
accompanies this Petition
9. Petitioner is unaware of any unrevoked Will or Codicil of decedent other
than as set forth in paragraph 8.
Petitioner requests that the decedent's Will be admitted to probate and that
JOANN WHEELER be appointed Personal Representative of the estate of the
decedent.
Under penalties of perjury, I declare that I have read the foregoing, and the facts
alleged are true, to the best of my knowledge and belief.
Signed on July ~, 2003
JO~NN WHEELER, Petitioner~'--
Lois Reid Clemente
Attorney for Petitioner
Florida Bar No 0482330
LOIS REID CLEMENTE, ESQ.
6606 20~' Street
Veto Beach FL 32966-7902
Telephone: (772.) 567-6480
Fax: (772) 562-0220
LAST WILL AND TESTAMENT
OF
CLAUDE W~EELERf SR.
I, CLAUDE WHEELER, SR., of York County, Pennsylvania, being
of sound mind, memory and understanding, do make and publish this
my Last Will and Testament, hereby revoking and making void
former Wills by me at any time heretofore made.
ITEM I. I direct that all my just
debts and funeral expenses be fully paid and satisfied as soon as
conveniently may be after my decease.
ITEM II. I give unto my son, Douglas
Wheeler, my gun collection, provided, however, that he ~hall
divide my gun collection among my grandchildren in such manner, in
his sole discretion, as he shall choose.
ITEM III. I give all the rest, residue
and remainder of my estate unto my wife, JoAnn Wheeler, provided
she survives me by thirty (30) days.
ITEM IV. In the event my wife, JoAnn,
does not survive me or does not survive me by said period of
thirty (30) days, I give all the rest, residue and remainder of my
estate equally, among the following children, provided they
survive my death:
A. My son, Douglas Wheeler.
B. My son, Claude Wheeler, Jr.
c. My daughter, Stephanie Stern.
D. My wife's daughter, Anne Sterner
ITEM V. In addition to the powers
conferred by law, I authorize my Executor in absolute discretion:
A. To retain in the form received, and to sell either at
public or private sale any real or personal property.
B. To manage real estate.
C. To invest and reinvest only in forms of property defined
as legal investments according to the laws of the commonwealth of
Pennsylvania.
D. To exercise any optional rights arising from ownership
of investments.
E. To compromise claims without court approval, and without
the consent of any beneficiary.
ITEM VI. It is hereby directed that my
Executor, hereinafter named, shall pay all inheritance, state,
succession and legacy taxes to which my estate or the transfer of
any property hereunder may be subject and to charge such tax as
part of the administration, payable out of my residuary estate. ~
ITEM VII. I nominate, constitute and
appoint my wife, JoAnn Wheeler, to be and act as my sole Executrix
of this my Last Will and Testament. In the event of renunciation,
death, resignation or inability to act for any reason whatsoever
of my wife, JoAnn Wheeler, I nominate, constitute and appoint my
financial advisor, Paul Velencla, as Executor of this my Last
Will and Testament. As a final alternative, I appoint Dauphin
Deposit Bank and Trust Company of Harrisburg, Pennsylvania, to be
and act as my sole Executor of this my Last Will and Testament.
My Executrix/Executor shall not be required to post bend or give
any security.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
The preceding instrument, consisting of this, and two other
typewritten pages, was on the date thereof signed, published and
declared by CLAUDE WHEELER, SR., the Testator therein named, as
and for his Last W£11, in the presence of us, who at his request,
in his presence and in the presence of each other, have subscribed
our names as witnesses hereto.
/
LAST WILL AN9 TESTAMENT
OF
CLAUDE WHEELER~ SR.
of sound mind, memory and understandinq, do make and publish this
former Wills by me at any time heretofore made.
ITEM I. I direct that all my just
debts and funeral expenses be fully paid and satisfied as soon as
conveniently may be after my decease.
ITEM II. I give unto my son, Douglas
Wheeler, my q~n collection, provided, however, that he shall
divide my gun collection among my grandchildren in such manner, in
his sole discretion, as he shall choose.
ITEM III. I give all the rest, residue
and remainder of my estate unto my wife, JoAnn Wheeler, provided
she survives me by thirty (30) days.
ITEM IV. In the event my wife, JoAnn,
does not survive me or does not surviv~ me by said period of
thirty (30) days, I give all the rest, residue and remainder of my
estate equally, among the following children, provided they
survive my death:
A. My son, Douglas Wheeler.
B. My son, Claude Wheeler, Jr.
C. My daughter, Stephanie Stern.
D. My wife's daughter, Anne Sterner
ITEHV. In addition to the powers
conferred by ].aw, I authorize my Executor in absolute discretion:
A. To retain in the form received, and to sell either at
public or private sale any real or personal property.
B. To manage real estate.
C. To invest and reinvest only in forms of property defined
as legal investments according to the laws of the Commonwealth of
Pennsylvania.
D. To exercise any optional rights arising from ownership
of investments.
E. To compromise claims without court approval, and without
the consent of any beneficiary.
ITEM VI. It is hereby directed that my
Executor, hereinafter named, shall pay all inheritance, state,
succession and legacy taxes to which my estate or the transfer of
any property hereunder may be subject and to charge such tax as
part of the administration, payable out of my residuary estate.
ITEM VII. I nominate, constitute and
appoint my wife, JoAnn Wheeler, to be and act as my sole Executrix
of this my Last Will and Testament. In the event of renunciation,
death, resignation or inability to act for any reason whatsoever
of my wife, JoAnn ~leeler, I nominate, constitute and appoint my
financial advisor, Paul Velencia, as Executor of this my Last
Will and Testament. As a final alternative, I appoint Dauphin
Depo-~it Bank and Trust Company of Harrisburg, Pennsylvania, to be
and act as my sole Executor of this my Last Will and Testament.
Hy Executrix/Executor shall not be required to post bond or give
any security.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
C~UDE' WHER~ER, SR '
The preceding instrument, cons/sting of this, and two other
typewritten pages, was on the date thereof signed, published and
declared by CLAUDE WHEELER, SR., the Testator therein named, as
and for his Last Will, in the presence of us, who at his request,
in his presence and in the presence of each other, have subscribed
our names as witnesses hereto.
/
COHMONWEALTH OF PENNSYLVANIA
BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE
DATE 10-11-200~
ESTATE OF WHEELER SR CLAUDE
DATE OF DEATH 05-20-2003
, FILE NUNBER99 0~-0188 _~(--
cou.TY .O.-RESIDE,T
ACN IOI
22I W PHILA ST
SUITE E 200 Amoun~ Remi~ed
YORK ' PA i7~OQ
MAKE CHECK PAYASLE AND REMIT PAYMENT TO:
PA DEPARTMENT OF REVENUE
DEPT. 28060I
HARRISBURG, PA I712B-0601
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~'~
DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX
ESTATE OF WHEELER SR CLAUDE FILE NO. 99 0q-0188 ACNIO1 DATE lO-11-200q
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN 5ASED ON: ORIGINAL RETURN
APPROVED DEDUCTIONS AND EXEMPTIONS:
NOTE: I~ an assessment ~as issued pffeviously, lines 1~ 15 and/off ~6~ 17s 1E and 19
ffe~lect ~iguffes that inoZuds the total o4 ALL ffetuffns assessed to date.
ASSESSHENT OF TAX:
TAX CREDITS:
TOTAL TAX CREDIT I
5ALANCE OF TAX DUEI .00
INTEREST AND PEN. .00
TOTAL DUE .00
IF PAID AFTER DATE INDICATED~ SEE REVERSE ( IF TOTAL DUE IS LESS THAN $1~ NO PAYMENT IS REQUIRED.
FOR CALCULATION OF ADDTTIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDTT" (CR)~ YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
SCHEDULE A, PART 1
~ C0MU0~.~,~m OF PENNS~W~ REAL ESTATE
INHERff~CE m~ RETURN IN PENNSYLVANIA
Claude Wheeler Sr 99-04-0188
Pa~ 1 must include all real properly owned by the dec~ent nd v dually or as a tenant n ~mmon with another pa~(ies), having its
situs in Pennsylvania. Properly which is jointly-owned with right of survivorship should be disclosed on Schedule RAIl real estate
must be reposed at fair market value which is defined as the pr ce at wh ch property would be exchanged be~n a willing buyer and
a willing seller, neither being compelled to buy or sell, both having reasonable knowl~e of the relevant facts.
~M
NUMBER DESCRI~iON ~E~DA~0FD~TH
850 State St, Lemoyne Borough, PA; sold 05/04/04 for
$450,000, settlement sheet attached; Decedent owned 1/2
interest as T/C with ex-spouse, Patsy L. Wheeler 225,000.00
2 900 State St, Lemoyne Borough, PA; sold 05/14/04 for
$155,000, settlement sheet attached; Decedent owned 1/2
interest as T/C with ex-spouse, Patsy L. Wheeler 77,500.00
3 922 State St, Lemoyne Borough, PA; sold 11/09/03 for
$120,000, settlement sheet attached; Decedent owned 1/2
interest as T/C with ex-spouse, Patsy L. Wheeler 60,000.00
4 670 Willow St, Lemoyne Borough, PA; A~rmt/Sale 2/15/04
$145,000, settlement to occur June, 2004 A~rmt attached
Decedent owned 1/2 interest as T/C with ex-spouse,
Patsy L. Wheeler 72,500.00
5 671 Willow St & 680 State St, Lemoyne Borough, PA; sold
11/05/03 for $130,000, settlement sheet attached;
Decedent owned 1/2 interest as T/C with ex-spouse,
Patsy L. Wheeler 65,000.00
6 674 Willow St, Lemoyne Borough, PA; A~rmt/Sale 05/06/04
$32,500, settlement to occur June, 2004 A~rmt attached
Decedent owned 1/2 interest as T/C with ex-spouse,
Patsy L. Wheeler 16,250.00
Ail of the above properties, although legally titled in
%he names of Decedent, Claude Wheeler Sr. and his ex-
spouse, Patsy L. Wheeler, are sometimes referred to as
being owned by Wheeler Properties or West Shore
Radiator. However, all of the properties were, by deed,
titled in the names of Decedent and his ex-spouse, as
Tenants in Common, and all of the properties were subject to
the liens and mortgages of Allfirst/M&T Bank
PART 1 TOTAL
$ 516,250.00
PART 2 TOTAL
Proportionate Method Only from reverse side $
TOTAL (Also enter on line 1, Recapitulation) $ 516 ~ 250.0 I;
(If more space is needed, insert additional sheets of the same size)
STF PA42025F 5