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Home My WebLink About03-10-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Marv M. Werra r File Number b~' ~ l I - -~' l~ also known as ; ,~ j ~~3 a ~~ j Deceased Social Security Number Ronald M Wenner Kenneth L Wenner L David Wenner and Rav C. Wenner 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-Personal Representatives named in the last Will of the Decedent dated 07/12/93 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 of the instrument(s) offered for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g): B. Grant of Letters of Administration (If applicable, enter: c.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 gp~use (if any) mid heirs: (f~j 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 -.,. ~ -~_; c-~ ~~~ o :_7 ;C.T.. ~m. -. `_ ~ - L 7 ..._ .-r. ! ~ ~. `~ D nr (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Silver Sorlna TWD CUmb County Pennsylvania, with his /her last principal residence at The BridaeS of Bent Crk 2100 Bent Crk Blvd Mechanicsbura PA 17050 (List street address, town/ci[y, township, county, state, zip code) Decedent, then 93 years of age, died on 03/05/11 _ at 2100 B nt Creek Blvd Mechanicsbura PA 17050 Decedent at death owned property with estimated values as follows: 90.000.00 (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in 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 undersiened: Signature Typed or printed name and residence Ronald M. Wenger 23 Creek Bank Drive ~ ~i/-~^ M ch nic bur PA 1705 Kenneth L. Wenger 37 Creek Bank Drive M hanic ur PA 17 50 ~ - L. David Wenger 405 Stonegate Court _ _~ ~._~ Miller viii PA 17 51 l 7 Page 1 of 2 Form RW-02 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 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 March 7011 Signature of Personal Representative Ronald M. We ger Ra~,C. enger n .~~ ~ - , ~ -~ igna o-f P-ers~onal Representative nneth L. Wen ~ n ~ ' Lip.,.- ~- ~L._ ~ c .`. _- ~ ~ ~7 c~ ~ ',, the Register Signature of Personal Representative L. David Wenger =} ~ ~ ~~ _ C7C~-;~ ~.,y ~ ~ ~-r-~ D t1, ``~~ File Number: ~~ ` l J ~~ y Estate of Marv M Wena r ,Deceased Social Security Number: ~ 7~/J3- a~~~~ Date of Death: 03/05/11 AND NOW, ~~~~~ ~~' r( ~r ~ -,"`~'-1-, ~ consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Ronald M Wenoer Kenneth L Wenner L. David Wenner. and Rav C. Wenner in the above estate and that the instrument(s) dated ~Y 12 1993 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~~ '~'~ ~ ly• Register of Wills U y ~' ~ / ~ h ' IIJJ ~J" _ ~ ~~ _ 1 Letters ............................. $ - Short Certificate(s) • • • • • • • • • • • • $ ~ Attorney Si~ature: _~ Renunciation(s) •••••••••••••••• $ $ ~%~,~ Attorney Name: William S. Dick a ..... $ ~i~~ Supreme Court I.D. No.: 24566 .... $ $ Address: 13 W. Main Street. Suite 210 •••• $ Waynesboro .... $ ••„ $ PA 17268 "•' $ 717-762-1160 $ Telephone: TOTAL ............................. $ ~L Form RW-02 rev. 10.13.06 Page 2 of 2 Continuation of Petition for Probate and Grant of Letters Mary M. Wenger Decedent Name Page 1 Social Security Number Probate Requests Signature Typed or printed name and residence I Ray C. Wenger 346 E. Spring Street 105.805 REV (01/07) ~ ~ l LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 17263436 Certification Number H1O6~H9 REV 11/2006 TYPE/PRINT IN PEPANt$NT BIACK INK 0 0 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 n t 1~'ng. ~• - ~~ ~~: ( egistrar ;~ m --- Date- Is~ned ~cn~ ° '- - c~ O z~ ~ ~n o n: COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIF{CATE OF DEATH (See Instructions end examples on reverse) STATE FILE NUMBER 1. Nma d DecederA (Fiat rdtl9e, rsl, wlfi) 2. Sex 9. SadY Beauty Numbm 4. Gala d Deem (Wmh, deY. Yom) Mar M. Wen er female 175 - 03 - 2385 March 5, 2011 5. Ape (Lot Bimday) IAldar 1 lMVkr 1 day 6. Dated &dh (MoMlr, day, Year) 7. Bvtlplse (CAy mxl Wr a rr ~ pamry) Sa. Pre d Dsem (Check sly da Mvww drys Iloas ,i.eee ~ Odaf: 93 Yre. 02-06-1918 Chambersburg, PA. ^mpdient ^ER /Ddpedenl ^DDA Nmeiq Han ^Reeitlenw ^Omm-speay: - ed. cwmy a Deem 9c cdy Bao. Twp. d Deem 11d. Entity Nmre (d na imddNar, Pve etrea end arnber) a. wan Dewdem d Hrpenk ongr? [~ No p Yea ,o. Rec.: A IMrn, Brat. canes, ea. Cumberland Silver Spring Twp. he Bridges at Bent Creek ~, ~,,°,a,) ( white • ti. Deadmd's trod ~ d wok done oast d dr. Do rot BteN 12. Was Decetled ever n me 13. DeadeM'a Edwa6w ICY sly Idgheat grade oarpbted) 14. MMdm Straw: e4enrd. Never Monied, i6. SurvNirp SDOUee Id rde, give maiden ame) Widowed Diwred ISP~i1 KM d Wok KYd d Bwineea / 6Malry Seamstress lothing Manufact , U.S. AmNd Foreas7 Elermnlary / (612) College 114 a Sa) ^Yea ~,a " widowed 18. Daaded'a Meirp Aaaaa(Street ciy/town, aler, iq code) d'e Pennsylvania L°~r°;edeM nc.®Yes, Deeded Liredr Silver S ri -- R~>Z Tsp. AaadReedmta 17e ~P 2100 Bent Creek Blvd. T,w„aw, Cumberland ,?d.^NO, DeadeN tAretl wimr Mechanicsburg, PA. 17050 ,ro.camy Behr weir d city! Sao 18. Femefa Name (Fist, mitl0le, rat BdFa) 19. Modxx! Name (Fiat. rildtlb mmden eummne) Martha SoYlenberger Maurice Mentzer 20e. MammA's Nmre (Type / Pddl 20b. klomrm'e Mrliq Address (Seed, dIY (town, urea, sb code) Ronald M. Wen er 23 Creek Bank Drive, Mechanicsburg, PA. 17050 2,a. Memos d Dapadion I ^ Cm„adon ^ Damtlm ztd. Dme a oi,poseun (Maim. day, year) z,c. Pre a Dl~oedion (N°me a cemdeiy, aemelory a Omer place) z1a. Exedra lcay / torm,,rr. ap weal ® ^ R~ f 03-09-2011 Air Hill Cemetery Chamberaburg, PA. 17201 I E ^~^~ ^ patlan acmp as suM) 22b. tizae Nunam FD-013391-L 22c. Name all Atrdaea d FadNy Thomas L. Geisel Funeral Home, Falling Spring Rd., Chambersburg,P 23at ady when 23a. To me oed d my loaMetlpe. deem ocaned d de time. ede aro pre case. (Sprean ell dk) 23b. Lime Number 23c. Dar Biped (dtordh, day, year) not evaWle d time d deWi b candy awe d deem. ~.~ mud ~ cangNNd ~ ~~ 24. line d Deem 25. Ode Praaaxed Dead 1. ~Y• Y~1 26. Wee Case Rderred a Medied Exammm / Caaer br a Reesw OUer tlwa Cremmion a Deena? . who pnxautaadeem. 3:55 8. M. March 5, 2011 ^Yes ^No CAUSE OF DEATH (Sae Imtrud,bm a,W exemp,es) r APPa rrrvd: Pad IC Edm a0er 28. Dq lbbewo Use ConalOiee b Deem? 917W -dwasK, kjurs. a wrrlp4adats - met diecdy wed me Oemh. W NDT sera lenniel avede such as ardac arrest, r Oreel r Deem dam 27. Pmt I: Erwr the fL10 d bd nd rewdng n me undedyrg ease piwn m PM I. ^ Yea ^ . . respiralay mred,a,mmialar fiDrEe6arwNaul,hdwp da eliobgY. Lbl ay ae wen ach lne. ; r ^y~ ~p,yl ''FF 1 /-^~s r rn rg5n dew) ~a a. 1 Se.l-)~ A/I l L CA?.C}I O M YC3PA}'rl~'Y ~ ~ ~ 2B. ~ Nd d rilm t Da b (a es a axeequence d): r C~Q~e.l Fi 2'f ~I C7 SC.i,~TQ_,Q,g !S ~ LO •-- y~ idy da axtdiYOns, a mq, d . prapn , year Poe ^ Pre~aa d ra d aam , leap b the we dNM w ere a Uue a (« ea a wneagwrwe dl~ ; ^ Nd aepmA. hul pregnmd wdMn 4z days Enter me UNOERLYMG CAUSE ~d~aase a wry selrrtl r i r ~° d. edam eam) LASf Pvems remmng, d ; ^ p ~. bd pePwA 43 days a 1 yar Due b (a as a wree0wrae on: d e ^ lhd,avm l preened wdhiM the pawl yam . 30a. Wee h Adopsy 30b. Were Adopay F°Nirps 31. dtvxer d Deem 32a. Dde d Injury (Madh, day, year) 32b. Deaabe Flow Injury Ocametl 32c. Pre d dyury: Fbrne, Farm, Slrsd, Feday, 01&a edlarg, et. (spear! Perlamed? Avaleble Prla b Carpiedw d Cmee d Dam? ~Srurd ^ llarlade ^ Aaided ^ PeMeg Imresdpagon 32tl. Tare d NMsy 32e. iWaY d Wak7 321. d Traretadatixi dgmy (Speedy) S'9. LaaOa d kyrey (Shed, odY lawn, err) ^ Yes ^ Yes ,ENV ^ Suldtle ^ Cale Nd de Deemixd ^ ~ ^ Yes ^ giver / Dperala ^ Pawtgm ^Pede,lden I'1' Otl~' ~Y 33e. Cadler (need Wy one) 33D. Sgmlure mdTdr Arr ' • Cm,dYmB DhYaklan (~e^ addyitg ease d tledh whw ariollxr phyaiaan has praaumed deelh and axrplded dam 23) dedh occurred dw to the caae(s)and m°mernaWe~________________________________ ^ To the besldmy Nrrowrdge , • Pmreurxhtg end oeMydip phyekrrt (Physaian nom praaunotg dedh and amilyip r cause d deem) ~ d sac. L' 33d. Dan Sgred ( , mr.1'e r) ------------------ To the neatamy luloa4edpe, dedh acumedd Ule time,dde, and prce,aM da to ae euee(s)md mmrreras acte G /1e^~y3933 ~- ~ 7 ?°~~ V.7W • MBtlieN Examhlerl aaer On me bade d amdMion and l or hivediggibn, r m opinbn, dour scarred d me Ihre, ear, end place and due to the ease(s) all mmuer as aletaL ^ ~. Name mid ass d Perean Who Coripkrtl Caused m (dam 27) Type /Print o ^' ''' q"~, Registrar's ~ and ~ mbar ' z I / I ~ I ~ I / I le F (MUM, Y. Year) Y fig ~ e ~ ~ ~~ ~ ~- ~ ~a 2..0 .,' . .. -- / Disposition Permit No. ~D ~~~ OATH OF SUBSCRIBING WITNESS(ES) c? = O -z~ ~~ ~ ~ T REGISTER OF WILLS ~ ' t CUMBERLAND COUNTY, PENNSYLVANIA ~ -:: ~;; ~ _ ~. C~t~-.-a ~• - ; ~/1~ /f1 l ~ ~ ` ~n Q r`-.: -ry r... Estate of Ma M. Wen er ,Deceased William S Dick Ronald M Wenner , (each a subscribing witness to (Print Names) 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 her /his presence and in the presence of each other. ,a~,b~ --D ~ /j.-r G1.LP~. ~-- (Signature) (Signature) 426 Clayton Avenue (Street Address) 23 reek Back Drive (Street Address) Wavn sboro PA 17268 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed befor~jenme this ~~ day i ~~ Deputy for Register o ills Mechanicsburg PA 17050 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of 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. Form RW-03 rev. 10.13.06 C'7 -- ~ '~ ~r O _~_ ~~r-r' , ~ , l ~j cU z~ n '", ~~{ i i r ~ ~ _ _ ,.. OF ~~~ ,--, c-n ~ , - MARY M. WENGER ~: , , ~. f :.: I, NARY M. WENGER, of 128 Farmington Road, Chambersburg, Franklin County, Pennsylvania, being of sound and disposing memory, realizing the uncertainty of this life, but with confidence in God and trust in His Son, my Lord and Savior, Jesus Christ, who died for my sins upon the cross, and rose again to justify me and give me eternal life, do hereby make, publish and declare this to be my Last Will and Testament, and hereby revoke any and all prior Wills and Codicils made by me. ITEM I. EBPENSEB AND TAKES. I direct the payment from my estate of all my just debts, expenses incident to my illness and my funeral expenses as soon as may be convenient after my decease, and I authorize my Personal Representative to pay all state and federal inheritance and estate taxes from the principal of the residue of my estate on property includable in my gross estate for federal estate tax purposes, whether the same passes under my will or by operation of law, or by virtue of contracts of life insurance or otherwise, and I authorize i ary M. Wenge m- my Personal Representative to waive on behalf of my estate the right to recover for my estate any part of the taxes so paid. ITEM II. TANGIBLE PERSONAL PROPERTY. I give all my tangible personal property (including, but not limited to, any and all automobiles, furniture, furnishings, china, silverware, jewelry, orna- ments, works of art, books, pictures and wearing apparel, but excluding cash on hand and tangible evidences of intangible personal property) owned by me at my death, together with insurance thereon, to Lester W. Wenger, my spouse, if my spouse survives me; if my spouse fails to survive me, I give all my tangible personal property (as above referenced) owned by me at my death, together with insurance thereon, per stirpes to my lineal issue living at my death. At the time of the execution of this will, my lineal issue consist of my four sons, Ronald M. Wenger, Kenneth L. Wenger, L. David Wenger, and Ray C. Wenger. ITEM III. MARITAL DEDIICTION GIFT TO SPOIISE. (A) If my spouse survives me, I give to my spouse assets of my estate (undiminished by any estate, inheritance, succession, death or similar taxes) having a value equal to the maximum marital deduction (which at the time of execution of this document is unlimited) as finally determined in my federal estate tax proceedings, less the aggregated amount of marital deductions, if any, allowed for such tax purposes by reason of property or interests in property / Mary M. Wen er -a- passing or which have passed to my said spouse otherwise than pursuant to the provisions of this item; provided, however, the amount of this bequest shall be reduced by the amount, if any, needed to increase my taxable estate (for federal estate tax purposes) to the largest amount that, after allowing for the unified credit against the federal estate tax, and the state death tax credit against such tax (but only to the extent that the use of such state death tax credit does not increase the death tax payable to any state), will not result in a federal estate tax being imposed on my estate. The term "maximum marital deduction" shall not be construed as a direction by me to exercise any election respecting the deduction of estate administration expenses, the determination of the estate tax valuation date, or any other tax election which may be available under any tax laws, only in such manner as will result in a larger allowable estate tax marital deduction than if the contrary election had been made. (B) My Personal Representative shall assign, convey and distribute to my said spouse securities and other property, including real estate and interests therein, which shall be selected in such manner as to have an aggregate fair market value fairly representative of the appreciation and depreciation in the value thereof from the date of my death to the date or dates of each distribution of all property then available for distribution. No asset or proceeds of an asset shall be included in this gift as to which a marital deduction 1 ary eng - 3 - is not allowable if included. This gift shall abate to the extent that it cannot be funded in the manner hereinabove provided. (C) In the event my spouse should predecease me or elect to take against this will, this item of my will shall be inoperative. ITEM IV. RESIDIIARY TRIIST FOR SPOIISE. (A) The residue of my estate, including all ownership interests which I have in life insurance policies insuring the lives of persons other than me, I give to my herein named Trustee, in trust, to be administered as a separate trust and designated as the Residuary Trust. (B) My Trustee shall use so much of the net income (and if such is insufficient, principal) from this Residuary Trust as my Trustee shall deem necessary to pay premiums on life insurance policies owned by this trust and shall pay the balance of the net income from the Residuary Trust quarterly to my spouse or shall pay said balance for the benefit of my spouse for and during the term of the natural life of my spouse. (C) My Trustee shall have the sole discretion to invade principal for the benefit of my spouse for my spouse's maintenance in health and reasonable comfort, keeping in mind my desire to pass such principal assets on to my lineal issue as set forth herein. (D) Upon the death of my spouse, the entire remaining principal and undistributed income of this Residuary Trust (or upon ,j o ary .Wen er - 4 - my death, if my spouse predeceases me, the residue of my estate) shall be distributed pursuant to the terms of Item V of this will. ITEM O. DISTRIBIITIONS AFTER SPOOSE. At such time as assets become subject to distribution under this item, then I direct that they be distributed per stirpes to my lineal issue who survive me. At the time of the execution of this will, my lineal issue consist of my four sons, Ronald M. Wenger, Kenneth L. Wenger, L. David Wenger, and Ray C. Wenger. ITEM VI. FIDIICIARY POKERS. In addition to the powers conferred by law, any Fiduciary appointed under this will, including any Trustee, any Financial Guardian, and any Personal Representative (unless specifically provided otherwise), shall have the following expressed powers: (A) To hold any property, including real estate, securities and especially including stock of a Corporate Fiduciary, delivered to it in kind as long as said Fiduciary deems the same to be for the best interest of said estate. (B) To invest and reinvest in such securities as my Fiduciary deems to be for the best interests of said estate without being restricted to such investments as are considered legal for Fiduciaries under the laws of the Commonwealth of Pennsylvania, and without regard to the principle of diversification. Mary M. Weng r - 5 - (C) To invest in any common trust fund administered by a Corporate Fiduciary. (D) To buy investments at a premium or discount; to join in any recapitalization, merger, reorganization, consolidation or voting trust plan affecting investments; to subscribe for stock and bond privileges; to give proxies and generally to exercise all rights of a security holder; to carry investments in the name of a nominee or in bearer form. (E) To manage, operate, repair, alter, improve, partition or divide real estate or other property and to lease real estate and other property upon such terms and for such periods as may be considered advisable; and to sell real and personal property for any proper purpose at public or private sale for cash and/or credit without Order of Court and to make, execute, acknowledge and deliver good and sufficient deed or deeds and other assurances therefor. In the event my Fiduciary becomes an owner of an interest in residential real estate, my Fiduciary is authorized to retain said interest in said residential real estate even though it is not income producing and is further authorized to join with any other owner of an interest in said real estate for the purpose of conveying or leasing same. (F) To borrow money and to pledge or mortgage real or personal property as security and to make, execute, acknowledge and r Mary M, a er - 6 - deliver good and sufficient pledges, mortgages and other instruments to effectuate the same. (G) To compromise claims without Order of Court or consent of any beneficiary. (H) To make distribution in cash or in kind. ITEM VII. BPENDTHRIFT TRIIST PROVISIONS. No interests of any beneficiary, created by trust or otherwise under this will, shall be subject to anticipation, assignment or pledge, nor subject to any execution, attachment, levy, sequestration, or other claims of creditors. ITEM VIII. SIMIILTANEOIIS DEATHS. In the event that my spouse and I should die such that the order of our deaths cannot be ascertained, I shall be presumed to have predeceased my spouse. In the event that any other beneficiary under this will and I should die such that the order of our deaths cannot be ascertained, I shall be presumed to have survived said other beneficiary. ITEM I8. APPOINTMENT OF TRIISTEES. I appoint my four sons, Ronald M. Wenger, Kenneth L. Wenger, L. David Wenger, and Ray C. Wenger as Co-Trustees of the trust created under this will. My Trustees shall have the right to name a successor Trustee, who would act in the event all of them should die or cease to act for some other cause prior to the termination of said trust. ary M. Wen r -~- ITEM %. APPOINTMENT OF PERSONAL REPRESENTATIVES. I appoint my four sons, Ronald M. Wenger, Kenneth L. Wenger, L. David Wenger, and Ray C. Wenger as Co-Personal Representatives of my estate. ITEM BI . NO BOND. I direct that no fiduciary appointed hereunder shall be required to post bond in this or any other jurisdiction. IN WITNESS WHEREOF, I, MARY M. WENGER, the Testatrix, hereby execute on ~~;,~`(~ /-Z 1993, this my will, typewritten upon eight (8) sheets of paper. 7y ~ ~ ( SEAL ) Mary M. Wen er In our presence MARY M. WENGER signed this and declared it to be her will and now at her request, in her presence and in the presence of each other, we sign as witnesses. (~.%~ ~- ~_~ - 8 -