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HomeMy WebLinkAbout12-26-13 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: EVELYN M.SHEARER File No: J a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: December 16,2013 Age at death: 87 Decedent was domiciled at death in Cumberland County,Pennsylvania (State)with his/her last principal residence at 206 East Burd Street,Shivpensburg PA 17257 Shinnensburg Borough Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1.12 North Seventh Street,Chambersburg PA 17201 Chambersburg Franklin PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 10,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pe nnsylvania. ....................... Personal property in County $ Value of real estate in Pennsyl vania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 10.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County 0 A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated November 30, 1987 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323 ,and did notbave a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 4 c:y ZC (F' NO EXCEPTIONS Q EXCEPTIONS n xca C/) -10 C a B. Petition for Grant of Letters of Administration (If applicable) �0 n r" --i 2 c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite ur& -rt senfib?dunjp7e mznoritate If Administration,c.t.a. or d b.n.c.t.a.,enter date of Will in Section A above and d�ptet@ist of keir�' Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for di'ubrbehad been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS :,_r EXCEPTIONS Cf) CD 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(attach additional sheets,if necessary): Name Relationship Address Form RW-02 rev.10/1112011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Linda L.Somers 1049 Ashton Drive Shippensburg,PA 17257 Barry D.Shearer 108 Locust Street,Shippensburg,PA 17257 The Petitioner(s)above-named swear(s)or affirm(s)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,the Petitioner(s)will well and truly administer the estate according to law. Sworn t9�or affirmed and subscribed before Date /off 1,,--)la//--1 me this day of ,U0 Date By: Date For the Register Date BOND Required: Q YES ® NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . $ 45 Attorney Signature: ( L )Short Certificate(s).. . . . . a-O ( )Renunciation(s).. . . . . . . . (� � rn ( )Codicil(s). . . . . . . . . . . . . -z- N-k � C ( )Affidavit(s).. . . . . . . . . . . M j&— r-.T rr`1 � � � Bond.. . . . . . . .. .. . . . . . . . . . . . . Printed Name: Thomas P.Gleas�lr i;. r— tv Commission. . . . . . . . . . . . . . . . . . Supreme Court -+o �� Other � �� . . . . . . . . l5 ID Number: 82259 - Ca t� . . . . . . . V5 C) —3 �rl IM. . . 1°S Firm Name: Thomas P.GleasQ,Esquire . . . . . Address: 49 W.Orange Stmet-1 • • • • • • • • Shi ep nsburg.PA.17257 • • . . . . Phone: (717)532-3270 Automation Fee. . . . . . . . . . . . . . . 5 . Fax: (717)532-6673 JCS Fee. Email: tnmgleason(4tnmgleacnnlaw.cnm TOTAL. ... . . . .. . . . . . . . . . . . . $_ 115 OW DECREE OF THE REGISTER Estate of EVELYN M. SHEARER File No: _ al IJ— �aJ� a/k/a: AND NOW, 4k!f�Ce VY--)b l-- 2� ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Linda L.Somers and Barry D. Shearer in the above estate and(if applicable)that the instrument(s)dated November 30, 1989 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. uA'l&Z" ufv,-) A egister of Wills �r ✓r/� *"' Form RW-02 rev.10/11/2011 ✓r I Page of 2 RECORDED OFFICE OF REGISTER Off' VIILLJ Z3.3 DEC 26 Fn, 1 13 LAST WILL AND TESTAMENT CLERK OF ORPHANS' COURT I, T6 Ef1:A q51ffR IM of 120 South Prince Street, Shippensburg, Cumberland �'� County, Pennsylvania, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void- all wills by me at any time heretofore made. FIRST. I order and direct the payment of all my just debts and funeral expenses as soon as may be convenient after my decease. SECOND. I give, devise and bequeath all my estate, real, personal and mixed, whatsoever and wheresoever situate, to my beloved children, LINDA L. SOMERS and BARRY D. SHEARER, on a per stirpes distribution basis. THIRD. In the event that any beneficiary of this my Last Will and Testament is under the age of twenty-one (21) years, I then give and bequeath said beneficiary's share to and appoint as Guardian of any property which passes under this Will or otherwise, LINDA L. SOMERS, of 115 North Penn Street, Shippensburg, Pennsylvania, AS GUARDIAN, NEVERTHELESS, to invest and re-invest the same until the said beneficiary reaches the age of twenty-one (21) years, with the following powers in addition to those presently given by law: A. The power to expend the income towards the health, support and maintenance, and education, including a college (both undergraduate and graduate) , trade, business or technical school education, of the said beneficiary; B. The power to expend the principal, within the discretion of the said Guardian, if the income is insufficient, towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; A,A (SEAL) MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 115 EAST KING STREET - SHIPPENSBURG, PA. 17257 C. The power to sell any and all real estate, within the discretion of the said Guardian; D. The power and obligation to distribute the balance of principal and interest, if any remaining, when the said beneficiary reaches the age of twenty-one (21) years, without the necessity of a formal adjudication of the Guardian's account in the Court of Common Pleas of Cumberland County, upon the receipt of a good and valid release; E. The principal of the Guardianship and the income therefrom shall be free from the debts, liabilities, and engagements of those beneficially interested therein, and shall not be subject to assignment by him or her, nor to attachment or execution under any legal, equitable or other process for the enforcement of judgments or claims of any sort against them, either individually or collectively; F. In the event the above-mentioned Guardian is unable to accept the Guardianship, I then name, constitute and appoint BARRY D. SHEARER, of 108 Locust Street, Shippensburg, Pennsylvania, as Guardian, with the same powers hereinbefore stated. FOURTH. I nominate, constitute and appoint LINDA L. SOMERS and BARRY D. SHEARER, or the survivor thereof, to be the Co-Executors of this my Last Will and Testament. FIFTH. I direct that neither my personal representatives nor Guardians shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, EVELYN M. SHEARER, have hereunto set my hand and seal to this my Last Will and Testament, written on two pages, the first page signed for identification only, this jo—"d y of 1987. (SEAL) -2- w MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 115 EAST KING STREET - SHIPPENSBURG, PA. 17257 This instrument was by the Testatrix, EVELYN M. SHEARER, on the date hereof, signed, published and declared by her to be her Last Will and Testament, in our presence, who at her request and in her presence and in the presence of each other, we believing her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, EVELYN M. SHEARER, the Testatrix whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by EVELYN M. SHEARER, the Testatrix, this 350-a day of 7744ta ylJ.ot_, , 1987. Il-ary E. Seavers, Notary Public Shippensburg, PA Cumberland County My Commission Expires July 27, 1990 MARK, WEIGLE AND PERKINS — ATTORNEYS AT LAW — 115 EAST KING STREET — SHIPPENSBURG. PA. 17257 no no ova% COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, and the witne ses who a names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. Sworn or aff med to an rite e before me by d_ u� i and witnesses, this 30-V--day of aFiu�iru�c 2t 19 87. Mary e 5eavers, Notary Public Shippensburg PA Cumberland County My Commission Expires July 27, 1990 MARK, WEIGLE AND PERKINS — ATTORNEYS AT LAW — 115 EAST KING STREET — SHIPPENSSURG, PA. 17257 v4 was ml- } .. i i., ..� . i9µ.' ( :P: y .. - .. _ .1 -, . •'. . airy -