HomeMy WebLinkAbout09-25-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of C Lee Gayman File Number ~ l - ~~~ Dt7
also known as ~=iarence L GaXman
Deceased Social Security Number 209128560
LeAnn M. Alleman
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 eX2cutor named in the
last Will of the Decedent dated 3/26/1999 and codicil(s) dated February 17 2004
(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:
B. Grant of Letters of Administration
(I,fapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritateJ
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
Administration, c.t.a. or d. b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ o _,
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(COMPLETE INALL CASES:) Attach additional sheets iJnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 708
Baltimore Road Shippensburg PA 17257 Southampton Township
(List street address, townlciry, township, county, state, zip code)
Decedent, then 83 yeazs of age, died on 9/5/2009 at Magnolias of Chambersburg
735 Norland Avenue Chambersburg PA 17201
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 100.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 150.000.00
708 Baltimore Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania
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
%%~ LeAnn M. Alleman
19 Partrid a Trail Shi ensbur PA 17257
Page 1 of 2
Form RW-O2 rev. 10.13.06
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ,
SS
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 lrnowledge 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 l/ ~1,~ (~--/// -_
Signature of Personal Representative
before me the ~ day of
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LeAnn M. Alleman
, ?OOA Signature of Personal Representative
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Fo a Register Signature of Personal Representative C. ~ .,
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Estate of C Lee Gayman , Des~sed ~
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Social Security Number: 209128560 Date of Death: 9/5/2009
AND NOW, September , 2009 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to LeAnn M All man
in the above estate
and that the instrument(s) dated March 26 1999 and February 17 2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Deced t.
FEES
310.00 Register o Wi y
Letters ............................. $
Short Certificate(s) • • • • • • • • • • • • $ 28.00 Attorney Signature: r
Renunciation(s) •••••••••••••••• $
Automation fee .... $ 5.00 Attorney Name: el R. Zullin er
JCP fee .... $ 10.00 Supreme Court I.D. No.: 17516
Will .... $ 15.00
Codicil .,.. $ 15.00 Address: 14 North Main Street. Suite 200
~~~~ $ Chambersburd
.... $
.,•, $ PA 17201
.... $
$ Telephone: ~717L264-6029
TOTAL ............................. $ 383.00
Form RW-02 rev. 10.13.06 Page 2 of 2
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of C Lee Gayman a/k/a Clarence L Gayman ,Deceased
Kathleen ehres , (each a subscribing witness to
(Print Name/s)
the ^ Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signed as a witness at the request of
the Testator /Testatrix in er /his
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presence and in the presence of each other.
1539 Lindsay Lot Road
(Street Address)
Ship~ensburq PA 17257
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
day
of
Deputy for Register of Wills
(Signature)
(Street Address)
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ~,~,~da~y
Notary P c
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
COMMONWEALTH OF PENNSYLVANIA
NohrW Saal
Form RW-03 rev. 10.13.06 C~ L• WaNer, Notary Pu6NC
Ctramberabtrp Boro. Frankln ~
MIY ~Mssbn ExpYaa t~, m1i
OATH OF SUBSCRIBING WITNESS(ES) .
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REGISTER OF WILLS t-
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CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of C Lee Gateman a/k/a Clarence L GaYman ,Deceased
~3rol I ratton , (each a subscribing witness to
(Print Names)
the ~ Will X^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signed as a witness at the request of
the Testator /Testatrix in her /his
(Signature)
presence and in the presence of each other.
X49 Dickeys Drive
(Street Address)
Chambersburg PA 17202
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
day
Deputy for Register of Wills
(Signature)
(Street Address)
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
_>~
before me this day
of _ ,8
Notary Public "
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notazization.
ca~u+oriwE~~+ of ~~s,r~vtvrw
Natty sty
Form RW-03 rev. 10.13.06 C~ k' Wes' ~r P~
Clwnberabu-9 Rao. Ftat~1 Cow S
MyCommhsion ExpMrs May
105.805 REV p)1/07/
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P~15848045
Certification Number
H105-113 HEV 1111006
TYPE /PRINT n1
PEHMAPIENf
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This is to certify that the information here given i~
correctly copied from an original Certificate of DeatY
duly tiled with me as Local Registrar. The origins
certificate will be forwarded to the State Vita
Record~ffice for ~i ant filing.
1 Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~
CERTIFICATE OF DEATH ~
(See instructions and exam les on reverse -~
P ~ STATE FlLE eAxeSER
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- V Obpapion Pertdl No. U ,7J~ 3 7V
JRZ - 5.1 gayman.l March 18, 1999
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LAST WILL AND TESTAMENT "" `'' t .. `-
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I, C. Lee Gayman, of Southampton Township, Cumberland Cot~ty,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby declare this to be my will, hereby
revoking any and all former wills and codicils thereto by me
heretofore made .
I.
I direct that all my just debts and funeral expenses,
including all expenses of my last illness, shall be paid from my
estate as soon as practicable after my decease as a part of the
expense of the administration of my estate.
II.
J
I give, devise and bequeath the residue of my estate of every
nature and wherever situate to my daughter, "LeAnn M. Alleman,
providing she shall survive me by thirty days. Should my daughter
predecease me or die on or before the thirtieth day following my
death I give, devise and bequeath the residue of my estate of every
nature and wherever situate to my grandchildren, namely Eric L.
Alleman and Shawn R. Alleman, in equal shares, provided that they
survive me by thirty days.
III.
Should my daughter, LeAnn M. Alleman, and my grandchildren,
Eric L. Alleman and Shawn R. Alleman, predecease me or die on or
before the thirtieth day following my death, I give, devise and
bequeath the residue of my estate of every nature and wherever
situate as follows:
A. One-fourth thereof to my son-in-law, Kenneth Alleman.
Should my son-in-law predecease me or die on or before
the thirtieth day following my death, his share shall be
distributed to the beneficiary named under subparagraph
B of this paragraph III.
B. Three-fourths thereof to be distributed to the
Cleversburg United Methodist Church, Cleversburg,
Pennsylvania, to be used for general church purposes.
IV.
In the event that anyone entitled to a share of my estate
snail be under the age of twenty-one years at the time for
distribution to such beneficiary, I constitute and appoint the
Orrstown Bank, Orrstown, Pennsylvania, as trustee of any property
which passes either under this will or otherwise to said
beneficiary. Said trustee shall in the trustee's sole discretion
and without order of court, use principal as well as income from
Page 2
time to time as may appear to be necessary for the beneficiary's
welfare, comfort, medical care, recreation, support and education,
without responsibility to the beneficiary or to any person taking
care of the beneficiary; and the remaining balance in the hands of
said trustee shall be distributed to said beneficiary when the
beneficiary attains the age of twenty-one years. If such
beneficiary dies prior to attaining the age of twenty-one years,
said trustee is authorized in the trustee's discretion to pay part
or all of the beneficiary's funeral expenses and the remaining
balance in the hands of said trustee shall be distributed to the
beneficiary's personal representative. In the event the funds held
by the trustee for any beneficiary become in the opinion of the
trustee too small for proper and efficient administration, the
trustee, in the trustee's sole discretion, may deposit such funds
in a savings account in the name of the beneficiary.
V.
Any fiduciary under this will shall have the following powers
in addition to those vested in them by law and by other provisions
~' of my will applicable to all property whether principal or income,
including property held for minors, exercisable without Court
approval, and effective until actual distribution of all property:
A. To retain any and all of the assets of my estate, real or
personal, without regard to any principle of
diversification of risk.
Page 3
B. To invest in all forms of property including stock,
common trust funds and mortgage investment funds without
restriction to investments authorized for Pennsylvania
fiduciaries as they deem proper, without regard to any
principle of diversification of risk.
C. To sell at public or private sale, to exchange or to
lease for any period of time any real or personal
property and to give options for sales, exchanges or
leases, for such prices and upon such terms or conditions
as they deem proper.
D. To allocate receipts and expenses to principal or income
or partly to each as they from time to time think proper.
E. To compromise
F. To distribute
G. To hold prope
any fiduciary
unregistered.
V
any claim or controversy.
in cash or in kind or partly in each.
rty in their names without designation of
capacity or in the name of a nominee or
VI.
I direct that all taxes that may be assessed in consequence of
my death of whatever nature and by whatever jurisdiction imposed,
shall be paid from my residuary estate as a part of the expense of
the administration of my estate.
Page 4
VII.
I appoint my daughter, LeAnn M. Alleman, as executrix of this
my will. Should my daughter predecease me, fail to qualify or
cease to act, I appoint Eric L. Alleman, my grandson, as executor
of this my will, providing he has reached the age of twenty-one
years . Should my grandson predecease me, fail to qualify or cease
to act, I appoint the Orrstown Bank, Orrstown, Pennsylvania, as
executor of this my will.
VIII.
No bond shall be required of any fiduciary hereunder in any
jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, consisting of six typewritten pages, the
first four of which bear my signature in the margin for the purpose
of identification this ~(~~' day of ''J7/d~, ~,~~~ ,
19.
~-• .. ~..,C~» ( SEAL )
Signed, sealed, published and declared by the above-named
testator as and for his last will and testament in our presence,
who in his presence, at his request and in the presence of each
Page 5
other have hereunto set our hands as attesting witnesses.
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We , C . Lee Gagman, J 0 EZ.. IZ Zf.( LL I N (~~ and
PA1,tl,A. k $t~<r?2,t the testator and the witnesses respectively,
whose names are signed to the attached or foregoing instrument,
being first duly sworn, do hereby declare to the undersigned
authority that the testator signed and executed the instrument as
his last will and testament and that he executed it as his free and
voluntary act for the purposes therein expressed and that each of
the witnesses, in the presence and hearing of the said testator
signed the will as witnesses and to the best of their knowledge
said signer was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
Subscribed, sworn to and acknow~edgea '
before me by the above-named signer and
subscribed and sworn to before me by the
above-n~ed witnesses thislday of
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Page 6
Testator
JRZ - 5.1 gayman.lc February 17, 2004
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I, C. Lee Gagman, of Southampton Township, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby declare this to be a codicil to my will
dated March 26, 1999.
I.
I hereby add the following paragraph to my said will which
shall read as follows:
"I give and bequeath the sum of $15,000.00 cash to
each of my grandsons, Eric Lee Alleman and Shawn R.
Alleman."
II.
In all other respects I hereby ratify, confirm and republish
my will dated March 26, 1999, together with this codicil as and for
my will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
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of 2~J~?
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Signed, sealed, published and declared by the above-named
testator as and for his codicil to last will and testament in our
presence, who in his presence, at his request and in the presence
of each other have hereunto set our hands as attesting witnesses.
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We, C~~ //Lee Gagman, ~,lf~°o~ ,~~r~,~fid~/ and
~~lG~~~~~ Cs+~~~. e the testator and the witnesses
respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the
undersigned authority that the testator signed and executed the
instrument as his codicil to his last will and testament and that
he executed it as his free and voluntary act for the purposes
therein expressed and that each of the witnesses, in the presence
and hearing of the said testator, signed the codicil as witnesses
and to the best of their knowledge, said signer was at that time
eighteen years of age or older, of sound mind and under no
constraint or undue influence.
c~~c.~.
/1, TestatorQ _
Witness
Witness
Page 2
Subscribed, sworn to and acknowledged
before me by the above-named signer and
subscribed and sworn to before me by the
above-named witnesse this _~~~day of
2
Nota u lic
Page 3