HomeMy WebLinkAbout11-01-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, P~I~NSYLVANIA
Estate of Gereth M. Mains File Number ~}/0--fdA'Z
also known as
,Deceased Soaai Security NNumber 180-30-4048
Melisa K. G on and Richard G. Mains Jr.
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 CO-FJCeCUto S named in the
last Will of the Decedent, dated 12/1!tL~90A6 and codicil(s) dated
i
State ro/evant cucumstances, e.p., nmundaEiwr, death d exeakor, etc.
Except as follows, Decedent did not many, was not divorced, and did not have a child bom or adopted after execution bf the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
Decedent was married to Margaret Mains. They were divorced on May 12, 1964. Decedent was later married o Awry Maina. She died on
June 26, 2010.
^ B. Grant of Letters of Administration
. c .a.; ..n.c .a.; ee .
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following s~ou$e{'rf any) and heirs: (If
Administration, c. t. a. or d.b.n.c. ta., enter date of NrN in Section A above and complete list of heirs.) ~
Name Relationship Residence ~
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(COMPLETE /N ALL CASES:) Attach additional sheets if necessary. -~ ~-t
Decedent was domialed at death in Cumberland Coun ,Penns ~ ' ~ ~
ty ylvania with his /her last principal re" at =`.?
698 Ce terville Road Newville West Pennsboro Townshi Cumberland Coun PA 17 1 ' ~ `~'~ C?
(List sliest address, towri/ci1y, township, county, state. zip code)
Decedent, then ~_ years of age, died on 10/14/2010 at Manor Care South Middleton Townshi u bsrland Co. PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) Ali personal property S ~ 600 000.00
(If not domiciled in PA) Personal property in Pennsylvania S
(If not domialed in PA) Personal property in County $
Value of real estate in Pennsylvania E
470 000.00
situated as follows: Real estate situate in West Pennsboro Township, Cumberland Counly, PA, identified as T P~Ircel Number 46-10-0820
-020 and 46-10-0620-021
Petitioner(s) respectfuNy request(s) the probate of the last Will and Codial(s) presented with flue petition and the grant ~ L I in appropriate form to
Signature Typed or printed name and reel a ce
Melisa K. Guyton 3301 Ritrre Hi hway, Apt. 2
`_..j
~ j~21~~GQ.~ Newville, P 7r<41
Richard G. Maina, Jr. B11 Cents II~ Road
c ~. Newville, P 7241
i
Foam /ZIIY-~2 Rev. 10-13-2006 t;opy~y~ (c) Zppg f~ y~,~a ony The Ladore- Grgip, Inc
Page 1 of 2
i
Oath of Personal Representative
COAAMONWEALTH 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 cost' to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will II ahd truly
administer the estate according to law.
Swum to or affumed and subscribed
before me this ~_ day of
,~_
orttie Register
Signature of Personal Rep-esentatitre
Melisa K. yton
~~ '~
Signa re or Persona/ Rep-esentatNe RiC rd G. Mains, Jr,
Signature or Personal Reemeenrmriue
File Number. 2'~"(O ~'d~Z
Estate of Gereth M. Mains
Social Security Number. 1800-4048 Date of Death: 10/14!2010
AND NOW, ~ ~ ~ w. /i1~J ZOli7 , in consideration of the foregoing
having been presented before m , IT IS DECREED that Letters Testamentary
are hereby granted to Melisa K: -~~yton and Richard Mains .ir
and that the instrument(s) dated 1 Z/15/2006
described in the Petition be admitted to probate and filed of record as the last Will (and Codial(s)) of Decedent.
FEES
Letters .......................................... S ~ _ 6V
~~
Short Certificate(s) ....................... 3 ?.~_GO _
RenunaaGon(s) ............................ ~ Attorney Signature: -~ f ~c
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~l ~ E - 15 6 y Attorney Name: Richard L. Webb
~~ s Z3.s-~
~~~ S Supreme Court LD. No.: 49634
S: «~
3 Weigle b Aasoci~
Address: 126 East Kinl
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$ Shippensbur
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Telephone: 717-532-7388
a
a
TOTAL ................................... S 7'~ j. S~
f'W!a RW-02 Rev. 10.!3-2006 ~aPS~r~9hr (~I 2006 fam software mly The Ladabr Group, hoc
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,satisfactory proof
in the above estate
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Page 2 of 2
105.li05 REV IOIPo7? _ _ _ _ - ~ - _
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LOCAL REGISTRAR'S CERTIFICATION OF p~ATH
WARNING: It is illegal to duplicate this copy by photostat or photagr~ph. .
Fee for this certificate, $6.00
P 16854839
Certification Number
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Local Reeistra
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Norman G. Mains 'a w+rneRw.ar.e+ar.er~«e
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This is to cert fy that the information here given is
correctly copie fpom an original Certificate of Death
duly filed wit rte as Local Registrar. The original
certificate wil be forwarded to the State Vital
Records Office' fo~ permanent filing.
Date Issued
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Dhpoepm Prni Na.=
LAST WILL AND TESTAMENT
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I, GERETH M. MAINS, presently residing at 698 Centerville R ad, West Pennsboro
Township, Cumberland County, Pennsylvania, being of sound mind memo
hereb make ~ sand disposition, do
y ,publish and declare this my Last Will and Testament, hereby relvoking and making
void all Wills by me at any time heretofore made.
FIRST. PAYMENT OF EXPENSES - I order and direct my p
hereinafter named to pay all of my just debts, funeral expenses and e
connected with the administration of my estate as soon after my death as i;
However, my personal representative need not accelerate and pay those us
which, in his, her or its opinion, it might be proper and more advantageous t
pay as they become due and payable. If I do not own a burial plot or a grave
my death, I authorize my personal representative, in his, her or its sole disc
burial plot and to erect a suitable grave marker at my grave, and to expend
for this purpose.
SECOND RESIDUE OF ESTATE - I give, devise and
personal and mixed, whatsoever and wheresoever situate, to my
MAINS.
'THIRD. CONTINGENT BENEFICIARIES - In the event tha~~
MAINS should predecease me, and PROVIDED that my net estate availab:
greater than ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00
distributed as follows:
ch A. I grant to my daughter, MELISA K. GUYTON, and my son•
GI~TON, the option to purchase my real estate, together with imI
° e in West Pennsboro Township, Cumberland County, Pennsyly;
.mac 'lle Road, Newville, Pennsylvania 17241. The purchase prig
t value of the said real estate as of my date of death. The option
~ intent to exercise the option is not provided within forty-five (45;
o and if settlement does not occur within sixty (60) days thereafter.
a ~
N Th~roceeds therefrom, if the option is exercised, shall be distributed
subparagraph B below; and
B. I direct that the rest, residue and remainder of my estate be
proceeds distributed as follows:
1. One-sixth (1 /6) to DAVID MAINS;
2. One-sixth (1/6) to DEBORAH K. BARRICK;
3. One-sixth (1/6) to BRENDA P. JUMPER;
4. One-sixth (1 /6) to MELISA K. Gi7YTON; and
5. One-third (1/3) to be divided equally among the fo
grandchildren:
WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - ]26 EAST KING STREET -
u representative
.es involved or
>nable possible.
gyred obligations
in or renew and
~r at the time of
~, to purchase a
from my estate
i ~11 my estate, real,
1, ~I,wife, MARY E.
t1~e said MARY E.
'for distribution is
irl value, it shall be
nfilaw, RICHARD
'dvements thereon,
~a, known as 698
e i shall be the fair
ia~ll expire if notice
d~.ys of my date of
in accordance with
and the
eight (8)
PA ]7257-]397
a• MICHELE WILEY (it is anticipated thalt her name will be
MICHELE JONES in the near future);
b• DENISE MANSFIELD;
c• SHON LEHMAN;
d. ANDREA LEH11'IAN;
e• KATELYN GUYTON, to be held IN TR Sfi, by her mother,
MELISA K. GUYTON, as TRUSTEE until h~ attains the age of
eighteen (18) years;
f. DENNIS J. LEHMAN;
g• NATHAN BARRICK; and I,
h. CORY BARRICK.
The distribution in this subparagraph 5 shall be on a per capita distrib tin basis.
The purpose of this subparagraph 5 is to distribute to the eight (8) lis grandchildren the
portion of my estate that I would have distributed to DONALD F. LE and DENNIS R.
LEHMAN, who are both deceased.
In the event that any of the four (4) persons in B(1) thru (4) above shall r ec
of that predeceased person shall be distributed equally to the survivin p ,ease me, the share
in B(1) through B(4) and not to the persons listed in subparagraph S. g perso s m that class listed
FOURTH. CONTINGENT BENEFICIARIES IF SMALLER ESTATE - In the
event that my wife, MARY E. MAINS predeceases me and if my net estat ,once liquidated, is
valued at One Hundred Fi$y Thousand Dollars ($150,000.00) or less, I th ~, give, devise and
bequeath my estate equally to DAVID MAINS, DEBORAH K. B
JUMPER, and MELISA K. GUYTON, on a per capita distribution basis, e ~ that~ME ISA
K. GUYTON and RICHARD GUYTON shall have the option to purchase
the same terms as listed in Paragraph THIRD(A) above. 3~ real estate under
FIFTH -PERSONAL REPRESENTATIVES - I nominate, consti t~ and appoint my
wife, MARY E. MAINS, to be the Executrix of this my Last Will and Tes t. In the event
that she be unable to fulfill the duties of Executrix, I then nominate, consti teand appoint my
daughter, MELISA K. GUYTON and my nephew, RICHARD G. MAINS, .' as Co-Executors
of this my Last Will and Testament.
S_ -WAIVER OF BOND - I direct that neither my personal r pesentative(s) nor
Trustees shall be required to give bond for the faithful performance of ear duties in any
jurisdiction.
SEVENTH. COMPENSATION OF PERSONAL REPRESE A~TIVES(S) - I
direct that my personal representative(s) be paid a reasonable compensation for their services.
EIGHTH. TAXES - I direct that all federal, state and other d at~ taxes payable
because of my death, with respect to the property forming my gross estat f~r tax purposes,
whether or not passing under this Will, including any interest or penalty imp std in connection
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG; PA 77257_7397
with such taxes, shall be considered a part of the expense of
such be paid out of the rest and residue of my estate.
IN WITNESS WHEREOF, I, GERETH M. MAINS,
to this my Last Will and Testament, this )S~ day of
of my estate and that
iereunto sit my hand and seal
~M~ , 2006.
_.~~~ ~~r ~ (SEAL)
GERETH M. MAT'f1TS
This instrument was by the Testator, on the date hereof, signed, published d }3eclared by him to
be his Last Will and Testament, in .our presence, who at his request and in the presence of each
other, we believing him to be of sound and disposing mind and memory, hav h~reunto subscribed
our names as witnesses.
COMMONWEALTH OF PENNSYLVANIA ;
COUNTY OF CUMBERLAND ~ SS
I, GERETH M. MAINS, the person whose name is signed to the foregoin instrument, having
been duly qualified according to law, do hereby acknowledge that I sign d executed the
instrument as my Last Will; that I signed it willingly; and that I signed it as m fee and voluntary
act for the purposes therein expressed.
.~ ~.
GERETH M. MAINS
Sworn or ai~irmed to and acknowledged before
me by GF~RETH M. MAINS, the Testator,
this ~ ~ t day of v~~~ S~~ , 2006.
r ~. V ~
NOTARIAL SEAL
RICHARD L WEBBER JR., NOTARY PUBUC
SFOPPENSBURG BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES JULY 15, 2010
WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 12,8 EAST KING STREET - SHIPPENSB RG; PA 17257-7397
__ _..
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ~ SS
We T~o~ __ II ,
N c c o ~`f < </ ,and ~~~~n~
the witnesses whose names aze signed to the foregoing instrument, being du
to law, do depose and say that we were present and saw GERETH M. MAl
and execute the instrument as his Last Will; that he signed willingly and tha
free and voluntary act for the purposes therein expressed; that each of us in
of the Testator, signed the Will as witnesses; and that to the best of our kr
was at the time eighteen (18) or more yeazs of age and of sound mind and i
undue influence.
~~,~
Sworn or affirmed to and subscribed before me
by c
and ~,~Ph e~rl~ ~ • ~~'t~.
~~
witnesses, this ~ day of ko ~ ~ ~ ~ , 2006.
~U . ~/
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET -
_... _ _
according
ISM, the Testator, sign
h~ executed it as his
h~ hearing and sight
~wlledge the Testator
no constraint or
PA 17257-1397