HomeMy WebLinkAbout10-14-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of CHARLES W WEBER File Number _~ ~' Z~~ l -d 1
also known as
CHARLES W WEBER ,Deceased Social Security Number 3011-18-3372
GEORGIA S WEBER
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTRIX named in the
last Will of the Decedent dated 5/23/2008 and codicil(s) dated
(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 pf 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
(If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente liter durance absentia; dukante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following souse (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.)
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at 22 NORTH
OLD STONEHOUSE ROAD CARLISLE PA 17013
(List street address, town/city, township, county, state, zip code)
Decedent, then 84 years of age, died on 10/7/2009 at HARRISBURG HOSPITAL
HARRISBURG ~ PA 17101
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ~ ~~~ 000 ~
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
22 NORTH OLD STONEHOUSE ROAD, CARLISLE, PA
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 Ijetters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
GEORGIA S. WEBER
Form RW-01 rev. 10.13.06 Page 1 of 2
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
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 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 /~ day of
~, 9
/ the Register
Signature of Personal presentative
Signature of Personal Representative
Signature of Personal Representative
File Number: 2 ~' ~ ~ Q
Estate of CHARLES W WEBER ,Deceased
Social Security Number: 301-18-3372 Date of Death: 10/7/2009
AND NOW, ~ QO , in consideration of the foregoing Petition, satisfactory proof
having been presented b fore me, IT S DECREED that Letter
are hereby granted to s ~ ~
and that the instrument(s) dated -' ~---~ ~ v
described in the Petition be admitted to p obate and filed of
FEES
Letters ............................. $ o~(pU• C~
Short Certificate(s) $ ~y' `~
Renunciation(s) •••••••••••••••• $
.... $
.... $
.... $
.... $
.... $
TOTAL ............................. $ ,
Form RW-02 rev. 10.13.06
in the above estate
as the last Will (and Codicil(s)) of Decedent.
Attorney Signature:
Supreme Court I.D. No.: 78931
Address: P.O. BOX 127
BOILING SPRINGS
pA 17007
Telephone: 717-241-6500
RECORDED OFFICE OF
REGISTER OF VVILI-S
2009 OCTOBER 14
CLERK OF
ORPHANS' COURT Qe 2 of 2
CUMBERLAND CO., PA
Attorney Name: MARK A. MATEYA
105.Rp5 RF_V mi/nq~
2i-G~-G~f~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat a~r photograph.
Fee for this certificate, $6.00
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with'me as Local Registrar. The original
certificate will' be forwarded to the State Vital
Records Office for permanent filing.
P 15838700
Certiff~ation Number
Local Registrar' Date Issued
RECORDED OFFICE OF
. REGISTER OF WILLS
2009 OCTOBER 14~
CLERK OF 1
ORPHANS' COURT
CUMBERLAND CO., PA
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UMporba Fratl NO. 03A9661
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LAST WILL AND TESTAMENT
OF
CHARLES W. WEBER
RECORDED OFFICE OF
REGISTER OF WILLS
2009 OCTOBER 14~
CLERK OF "y
ORPHANS' COURT
CUMBERLAND CO., PA
I, CHARLES W. WEBER, now of 22 North Old Stone House Road, Clarlisle,
Cumberland County, Pennsylvania 17015, do publish and declare this to be m~ Last Will and
Testament, hereby revoking all other prior wills and codicils by me.
FIRST:
(A) Family and Background Information. I am married t:o GEOI
I have no children through my present marriage. MARIE WEBER RUSSELL
WEBER, JR., LAWRENCE D. WEBER, TIMOTHY F. WEBER and DENISI
my children through my previous marriage. My son, CHARLES W. WEBER,
daughters PATRICE E. WEBER, MARIE WEBER RUSSELL and DE',NISE h
deceased. Throughout this Will, GEORGIA S. WEBER will be referred to as '
spouse", and MARIE WEBER RUSSELL, CHARLES W. WEBER, JR., LAVA
WEBER, TIMOTHY F. WEBER, DENISE M. WEBER and PATRICF; E. WE
referred to as "my children". The word "issue" will include my children as we:
descendants.
.GIA S. WEBER.
CHARLES W.
M. WEBER are
iR., and my
. WEBER, are
my wife" or "my
[tENCE D.
3ER will be
as my other
(B) Appointment of Executor. I name wife, GEORGIA. S. WEBER, to be my
Executrix. It is my desire for the Executrix to be remunerated according to loci~l custom. If she
predeceases me or is unable or unwilling to serve as an Executrix, I then choos$ LAWRENCE D.
WEBER to serve as Executor. I request that no security be required of any Exe~utor. References
in my will to my "Executor" are to the one acting at the time, except where otherwise specifically
provided.
SECOND: FUNERAL AND LAST ILLNESS EXPENSES• TAX~S
(A) Expenses of Funeral and Last Illness. Notwithstanding that m~ spouse survives
me, I direct my Executrix to pay my funeral expenses from my estate.
(B) Taxes. I direct my Executrix to pay any and all estate, inheritance succession,
legacy, transfer and other death taxes or duties, by whatever name called, includ~ng any and all
interest and penalties thereon, imposed under the laws of any jurisdiction by rea~on of my death,
upon or with respect to any and all property included in my gross estate for the p,hzrpose of such
taxes, whether such property passes under or outside of this Will.
THIRD: DISTRIBUTION OF MY TANGIBLE PERSONAL PROPERTY.
I bequeath all of my tangible personal property, including but not limited to clothing,
jewelry, heirlooms, furniture, household furnishing, personal effects, motor vehicles, and all
other similar articles, which I own ,and the insurance thereon, to my wife, GEORGIA S.
WEBER, if she is living at the time of my death, as she may select. Tangible ~ersonal property
shall not include: (1) any and all property used by me in any business, (2) cash) on hand or on
deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any
life, health or accident insurance policies.
If my wife does not survive me, I leave such tangible personal property, to my children
living at the time of my death, or to the issue of my children who have predeceased me, per
stirpes. If there is any disagreement as to distribution, I direct my Executrix tojmake such
distribution. The decision of my Executrix shall be final and binding. Any items not selected or
any items which my Executrix considers unsuitable for my children or issue may be distributed
or sold in the sole discretion of my Executrix and, if sold, the net proceeds therjefrom shall be
added to the residue of my estate. Any such article allocated to a minor may, a~ my Executrix
deems advisable, either be delivered to the minor or to any person to safeguard Ion behalf of the
minor.
FOURTH: DISTRIBUTION OF MY RESIDUAL ESTATE.
Upon my death, my remaining estate shall be distributed as follows:
(A) The specific sum of One Hundred Thousand Dollars ($100,000.(0) shall be
distributed to my son, TIMOTHY F. WEBER, or the surviving issue of my son.
The One Hundred Thousand Dollars ($100,000.00) shall consist of the annuity
owned by me at the time of my death, payable to TIMOTHY F. BER and the
bonds owned by me at the time of my death payable to TIMOTH, F. WEBER.
My Executrix shall make up any amount, if necessary, to ensure hat TIMOTHY
F. WEBER' S One Hundred Thousand Dollar ($100,000.00) sham is fully funded.
(B) The balance of my estate shall be distributed to my wife, GEOR IA S. WEBER.
As I state in Article FIRST (A), I acknowledge my son, LAWRENCE D.
WEBER, but decline to make a bequest to him under this Will.
FIFTH: SPENDTHRIFT PROVISION.
No beneficiary shall have the power to anticipate, encumber or transfer h~s or her interest
in the Estate in any manner other than by the valid exercise of a Power of Appointment. No part
of the Trust Estate shall be liable for or charged with any debts, contracts, liabilities or torts of a
beneficiary or subject to seizure or other process by any creditor of a beneficiary.',
SIXTH: POWERS OF TRUSTEE AND EXECUTOR.
If administration of my estate or trust should be necessary in any jurisdiction where my
Executor or my Trustee is unable to qualify, or if my Executor or my "Crustee deems it necessary
for any other reason, I give to my Executor and my Trustee the power to designate any individual
or corporation with trust powers to serve with my Executor or my Trustee or i~ my Executor's or
my Trustee's stead. I request that no security be required of any Executor or T$~ustee, including an
Executor or Trustee named pursuant to the preceding sentence. References in ~iy will to my
"Executor" and my "Trustee" aze to the one or ones acting at the time, except where otherwise
specifically provided.
A. Any corporate Executor or Trustee shall receive for its services the compensation
for which it is willing to undertake similaz services for others at the time such Services aze
rendered, as evidenced by its published fee schedule in effect from time to time, unless it is
willing to agree upon a fee that is less than its customary fee. Any individual wtho serves as
Executor or Trustee shall be entitled to receive reasonable compensation for hid or her services
and, whether or not such individual receives compensation, shall be entitled to Ibe reimbursed for
expenses incurred for such services.
B. I grant my Executrix and my Trustee the powers set forth in 201~a.C.S.
§§ 3311-3332 and 20 Pa.C.S. §§ 7771-7780 respectively. In addition, my Trustee may merge any
trust under this will with any trust having the same trustee and substantially thej same dispositive
provisions. If at any time after my death the size of any trust under this will is sb small that, in
the opinion of my Trustee, the trust is uneconomical to administer, my 'Trustee tray terminate the
trust and distribute the assets to the person or persons authorized to receive the itrust income in
such shares as my Trustee may deem appropriate. No Trustee who is also an income beneficiary
of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executor
and my Trustee may distribute tangible personal property passing to a minor to any adult person
with whom the minor resides, and that person's receipt shall be a sufficient voucher in the
accounts of my Executor and my Trustee.
C. It is my express intention that Community Trust Bank have no pert or portion in
the administration of my estate.
D. It is my desire that my Executrix or alternate Executor, herein above named,
consult with Mazk A. Mateya, Esquire, in the handling of my estate, he being familiar with my
affairs.
SEVENTH: RIGHTS AND LIABILITIES OF THE EXECUTOR
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of any act or
omission by any Executor, and my Executor shall not be liable for any act or omijssion except in
the case of gross negligence, bad fath or fraud. Specifically, in assessing the propriety of any
investment, the overall performance of the entire trust shall be taken into account.
( C) The Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and custormazily chazges for
performing similar services during the time which he performs the services.
EIGHT: TAX ELECTIONS.
(A) In determining the estate, inheritance and income tax liability relating to my
Estate, the Executor's decision as to all available tax elections shall be conclusive on all
concerned. If the Executor joins with my spouse in filing income tax returns, qr consenting for
gift tax purposes to having gifts made by either of us during my life considered) as having been
made one-half by each of us, any resulting liability shall be borne by my Estate) any my spouse in
such proportions as they may agree. In accordance with IRC Section 2.362(a) ajnd without regard
to whether a Federal estate tax return is actually filed, by Executrix shall alloca(e as much of the
Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any
generation skipping transfer which may occur under this Will.
(B) The Executrix may, in its discretion, determine the date as of which my gross
estate shall be valued for the purpose of determining the applicable tax payable!by reason of my
death.
( C) The Executor may, in its discretion, decide whether all or any past of certain
deductions shall be taken as income tax deductions (even though they may equal or exceed the
taxable income of my estate and whether or not claimed or of benefit on my estate's income tax
return) or as estate tax deductions when a choice is available; and in the event that all or any part
of such deductions are taken as income tax deductions, no adjustment of incom$ and principal
accounts in my estate shall be made as a result of such decisions.
NINTH: DEFINITIONS AND GENERAL PROVISIONS.
(A) Survival. Any beneficiary, including my spouse, who dies within sixty (60) days
after my death shall be considered not to have survived me.
(B) Children. Except for discretionary distributions which may be made unequally
among a group of persons and distributions pursuant to a valid exercise of a Powter of
Appointment, in making a distribution to the children of any person, the propert}r to be
distributed shall be divided into as many shares as there aze living children of the person and
deceased children of the person who left children who aze then-living. Each living child shall
take one shaze and the shaze of each deceased child shall be divided among his then-living
descendants in the same manner.
( C) Code. Unless otherwise stated, all references in my Will t:o section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the cprresponding
provisions of any subsequent federal tax laws applicable to my estate.
(D) Other Terms. The use of any gender includes the other genders, and the use of
either the singulaz or the plural includes the other.
(E) Captions. The captions set forth in this Will at the beginning of the various
divisions hereof are for convenience of reference only and shall not be deemed) to define or limit
the provisions hereof or to affect in any way their construction and application;
(F) Powers of Appointment aze Exercised: By this Will I do not exercise any Power
of Appointment.
Executed this ~ ~ y of , 2008.
(SEAL)
CH RLES W. WEBER
Signed, sealed, published, and declared for and as his last will and testament by the
testator in our presence, we all being present at the same time; and we, :in his presence and at his
request and in the presence of each other, have subscribed our names as. witnesses whereof, all on
the date last above written.
of u~a~s~. ~,i,~ s~ P~ r~-
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~af ~~, ~ s~~,
1 `7o~q
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY : to wit:
Before me, the undersigned authority, on t is date a sonall appeared Charles W.
Weber, and ~c ~4 . htia~~yo, ,and c a kw known to me to be the
testator and witnesses, respectively, whose names are igned t the foregoing instrument and, all
of these persons being by me first duly sworn, Charles W. Weber, the testator, declared to me
and to the witnesses in my presence that said instrument is his last will and testament and that he
had willingly signed and executed it in the presence of said witnesses as his fret and voluntary
act for the purposes therein expressed, that said witnesses stated before me that~the foregoing will
was executed and acknowledged by the testator as his last will and testament inl the presence of
said witnesses who in his presence and at his request and in the presence of each other did
subscribe their names thereto as attesting witnesses on the day of the date of said will and that the
testator, at the time of the execution of said will, was over the age of eighteen yrrars and of sound
and disposing mind and memory.
Sworn and acknowledged before me by CH RLES W. WEBER, the testator,
~~ ~ ~fi~t ~ ,witness, and Q v t, r a {~~~_, wlitness, this Z3
day of Muw1 , 2008.
/'
Ch es .Weber
~_
Witness
Witne s
Q.
Notary Public
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Frances A. Aumiller, Notary Public
South Middleton Twp., Cumberland County
MY Commission Expiros March 18, 2010
ember Pennsylvania Associatlon of Notaries