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HomeMy WebLinkAbout01-27-05 PETITION FOR PROBATE & GRANT OF LETTERS , deceased. No. 21-05-8b' To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania Estate of DOUGLAS A. HEISEY also known as Social Security No. 165-46-8586 The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the above decedent dated May 11. 1983 , and codicils dated none . The Executrix named Louella M. Heisey was divorced from Doualas A. Heisey on November 21.2000 . Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 120 Bover Road. Monroe Township. Carlisle. Pennsvlvania Decedent, then ~ years of age, died January 16 , 2005, at his residence Except as follows, decedent did not marry and did not have a child born or adopted after execution of the Will offered lor probate; was not the yictim of a killing and was never adjudicated incompetent: NJA Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in PA (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania, situated as follows: 120 Bover Road. Carlisle Cumberland County. PA $25.000.00 $ $ $165.000.00 WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. Sign U (5) and Residence(s) of Petitioner(s): - ~ ~ -€~~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 55 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 of the above decedent, petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed f. 7jJJ4~ f .s.:. 71 ~ before me this 27'" day of Michael S. Heisey January, 2005. 'J ~~ll~~"n b()H,\~ ~ RegIster '~ Cr' ',''-' ';j '_ '_J i.", No. 21-05- 8s- Estate of DOUGLAS A. HEISEY, deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, Januarv 27 , 2005, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated Mav 11. 1983 described therein be admitted to probate and filed of record as the Last Will of Doualas A. Heisev ; and Letters T estamentarv are hereby granted to Michael S. Heisev FEES (check form from Register of Wills) Probate, Letters, Etc. . . . . . . . $ 260.00 Short Certificates( -2- ) . . . . $ 8.00 Renunciation(s) ..... . . . . . . $ 0.00 JCP .................... $ 10.00 Automation Fee. . . . . . . . . . ..$ 1'9.QO 5.0<::> Other - Will. . . .. .. .. . . ....$ 15.00 TOTAL: .... $ 303.00 Filed........................... . IRWIN & McKNIGHT Doualas G. Miller. Esauire (83776) ATTORNEY (Sup. Ct. I.D. No.) 60 West Pomfret SI.. Carlisle. PA 17013 ADDRESS 717-249-2353 PHONE REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF NON-SUBSCRIBING WITNESS Janel Davis and Kristin R. Heisey, each a subscriber hereto, each being duly qualified according to law, deposes and says that they are familiar with the signature of Douglas A. Heisey, Testator of the will presented herewith, and that they believe the signature on the will is in the handwriting of Douglas A. Heisey to the best of their knowledge and belief. Sworn to or affirmed and subscribed before me this 27th day of January, 2005. ~,~,) , Jan I Davis 203 Pine Wood Way Oak Harbor, W A 98277 -t ~Q.t+~ Kristin R. Heisey 1927 Queenswood Drive, Apt F-206 York, PA 17403 ---") I~ .'_ ~,) ''',) ,.-, """""',':\ "f''; Thi, i, 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 permane~t filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ".tl~~~\,",[irpl,t~~~~~~ l#~~.r,.,'\ Nt_~ ~\ !~, -. ~i ~c:::. ,F: -::' \';;~..... .'~'. :~'=:;l -:.a ':-' ~~ \.~ ' -S$/' --"il/ ~",\."'r,' ~~",!AfENf\\\~tlll" '"'~NN~#IIIII [{J4: ~ ~ Fee for Ihi, certificate. $0.00 Local Registrar P 11336022 -la..tJtf~4"'"& a IS, ~O(} s- ate '"'- .. ........." ....a<_ 129-427 .,:)1- 01.../- 00'8"5 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (Coroner) H106_1...."-'_1I111 ~ ~ ~ ! A UNDEFl I DAY - ~- H ~ " fMontt>.o.y,VIlatl IIlFITHPlACE{ClIyond $laIeo<Fo<-.gnCOJntlYI '" J. Male """~ HOSPITAl, 1""*,,,,110 IlWEFUNUIIIIlIEII llQC:W.8ECUflITYNU....Fl ..165-46-8586 DREOFOEIllH(MonIl,Oajo._> ..Januar 16, 2005 ,1lOAO P PERH FACII. NAMElllnollnotiu1iOn.~IU"",ond......bwl H(Cho.:lo.O(lIy"""_......_""_ ep~. 25, 1954 Hershey, PA ,. =-tylO Cumberland DECEOEHT'S OOCUPllltION ~~~1.~.~:T electrician Monroe KlNOOF white Cumberland "' -- .... -...Np1 l'hlD ~-=-:::<ll MOTHEFl'SNMIE(FirIl, t.l_, ~Sur.....-r.) 1 Faye Holley INI'l)IWAHT'SWJLINO (SIrooIl,~,Sl.or4.Z;P Apt. F-206 1927 Queenswood Or., York,PA PLo\CE 01 .,....."'~,~ lOCRlON.ClIy{i:Iwn,SrD.ZlIICoOII o'HO'irnger Crematory Mt. Holly &prings, FA HAMEANOAClClAEtsOFFltoCILf .J. MalpeZZ Funeral Hane lICE NUMlIEII MNlITIJ.SWUS.1lIatrIIOd ........IMn\IN,~ ......_, ivorced HeX! v..,~_.. Monroe SUIMIIIHGSPOUSE ll\"'.~l1IIiOoonnamel '" lectrlcal OECEOEtfT.S """" '''''''''''' (Soojl""'- ,",,,,,,",,_l u..SlaIIo PA. ... 17b.Co..-. }tJJ ~ ~ _. 'a. WI'ollCASEflE EAAEOTOMEOICAI. INE v..:il.MJI'" ==~'lte~._IIGOIII*l"'''''I'''''.''-l._P-- tl" H Aprx PFIONOUNCEOOE-'O!Monltl, '/."""'1 u. 9:00 1'.. 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D. ~ingln..l1ill.1iOII ~""'~OIlt""'tn..-:l 12,1 ,~,l ;ar Chief Deputy ~ Coroner SE~ OI'lE6K1Mf.O~.c.;._\ o 1 January 24, 2005 NAMl!NIOIoOOflESSOFPERlIONWHOCO/IlPU!UDc.w8EOf'DE.crIt (llIlm27)TypeorP'lnl Todd C. Eckenrode~Chf.Dep.Coron r 6375 Basehore Rd.. Suite #1 iii'l3::l. Mechanicsburg. Pa. 17050 ~:r~:U~~'" s ~ ., " 'Tr~Cl~.IHD-~ll'YlMCl"""alQJ\MlPT'l.i1'''."boIJ\pr""""""ing",,-,,,...,uClOlli/y<''llIoCllU''oI0_) To......oI""~.__wnd~..._...._~.__IO...OAIIM(.I_......_...._.. .tIEOICALEXAMlHIERICOl'IONER On1hll~oI,."",,-*,"MdI...~.IIII11,oplnlon,dn1hoecUrml'IU.Il"".d'I..II1dpa,e.,ll1ddll'IoIt1e~~'land __I1u.d....... H..............................................,...................... H" d.............. II.. LAST WILL AND TESTA}1ENT I, DOUGLAS A. HEISEY, of the Township of Middlesex, County of Cumberland, Commonwealth of Pennsylvania, being of sound and dis- Dosing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time hereto- fore made. FIRST. ,') ) de [)es , and funeral I order and direct that all my just expenses be paid by my Executor or Executrix, as thecaseimay be, hereinafter named, as soon as conveniently may be done after my decease. SECOND. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my wife, LOUELLA M. HEISEY, absolut ly and in fee simple, if she survives me. For the purposes of thi my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ~ ninety (90) days. -- THIRD. If my wife, LOUELLA M. HEISEY, fails to survive me, then and in that event, I give, devise and bequeath all the said residue of my Estate unto such of my children who shall survive me, ~ absolutely and in fee simple, in equal shares. FOURTH. If my wife, LOUELLA M. HEISEY, and all of my childre WAYJIfI!: F. SHADE Attom.,. at Law . aoath. Hancwer Street Car lie'., PMl!WJ'lvallia 17013 should fail to survive me, then and in that event, I order and direct that the said residue of my Estate be divided into two equal shares and distributed, as follows: ,'\ ;: ~ - ~ C) WAYD F. SHADE Attorn.,. at Law 5 IHth HUOYer-atreet earli..le. Peanlylvall.ia 17013 (a) The first of said shares unto my mother and father, JAY M. HEISEY and FAYE M. HEISEY, as tenants by the entireties; and (b) The second of said shares unto my father-in?law and my mother-in-law, MELVIN N. l{EAVER and VIRGINIA H. WEAVER, as tenants by the entireties. FIFTH. If one of the two shares designated in Item Fourth above should lapse for want of a beneficiary, then and in that event, I order and direct that the said laosed share be added to the other share under said Item Fourth for ultimate distribution unto the surviving legatee or legatees under said Item Fourth. SIXTH. If my wife, LOUELLA M. HEISEY, should fail to survive me, or at or after my death, be subject to any legal disability whatsoever, then and in that event, I nominate, constitute and appoint FARMERS TRUST COMPANY, of Carlisle, Pennsylvania, to serve without bond as the Guardian of any property which shall pass, eit r under this my Last Will and Testament or otherwise to a minor or to a person who is then subject to any other legal disability whatsoeve and with respect to whom I am authorized to appoint a Guardian and have not otherwise specifically done so; provided that this appoin ment of Guardian shall not supersede the right of any fiduciary in its discretion to distribute such share to the said minor or perso subject to other legal disability or to another for the benefit of the said minor or person subject to other legal disability. The said Guardian is hereby vested with the power to sell, assign, transfer, pledge, mortgage, lease, manage, control, retain, invest - 2 - and reinvest the corpus of said guardianship in such securities and other property as shall be deemed prudent without being restricted to investments known as legal investments for fiduciarie under the laws of the Commonwealth of Pennsylvania. The Guardian shall have the power to manipulate the proceeds of the guardianship in any manner that will guarantee maximum conservation of the guardianship funds and the greatest production of income for the beneficiaries. I hereby authorize the said Guardian to expend any monies from principal or interest for the beneficiaries that in th sole discretion of the Guardian is deemed necessary for their care, health, education, maintenance and general welfare; the word "education" shall be construed to mean a pre-college course, high school education, college education and post-graduate education. ~ It is my intention that the foregoing powers may be exercised by the said Guardian without prior Court approval and without further responsibility to the beneficiaries, their parents or to any other person or persons taking care of the minor beneficiaries. The age ~ of majority for all purposes concerning this my Last Will and Testament shall be deemed to be the age of twenty-five (25) years. SEVENTH. Should my wife, LOUELLA M. HEISEY, fail to survive me or at or after my death, be or become subject to any legal disability whatsoever, then and in that event, I nominate, constit e and appoint my brother-in-law, ELVIN M. WEAVER and his wife, LOIS ~~AVER, as the Co-Guardians of the persons of such of my children who, being minors or subject to any other legal disabilit WAYlfB F. SHADE whatsoever at the time of my decease, shall survive me. If, for Attome,. at lAw . &o.th Bu.OV'er oStreet Carli"., PealIlwlvuia 11013 - 3 - . . any reason, it should become impractical for both of said Co-Guardians to act as such, then and in that event, I nominate, constitute and appoint my brother-in-law, ELVIN M. ~~AVER, to act alone as such Guardian. If, for any reason, either of the said Co-Guardians should fail to qualify as such or cease so to serve, then and in that event, I nominate, constitute and appoint the other to act alone as such Guardian. If, for any reason, both of said Co-Guardians should fail to qualify as such or cease so to serve, then and in that event, I nominate, constitute and appoint my sister-in-law, LORRAINE V. LEININGER, as such Guardian. EIGHTH. In the event that I should, by reason of physical or mental disability, become unable to take ~art in decisions for my own future, I order and direct that, where there is no reasonable \\ expectation of my recovery from physical disability, I be permitte to die and that I not be kept alive by artificial means. It is my express desire that I not be permitted to suffer the indignities of deterioration, dependence and hopeless pain and that therefore, ~ medication be mercifully administered to me only to alleviate my suffering, even though this ~ay hasten the moment of death. LASTLY. I nominate, constitute and appoint ~y wife, LOUELLA M. HEISEY, to be the Executrix of this my Last Will and Testament, but if, for any reason, she should fail to qualify as such Executr.x or cease so to serve, then and in that event, I nominate, constitu e and appoint my brother, MICliAEL S. HEISEY, to be the Executor here f, each to serve without bond. WAYO F. SHADE Attor:a.,. at Law S loath &"09'01' Street Carll.le. Pen'ylv..i. 11013 IN WITNESS WHEREOF, I, DOUGLAS A. HEISEY, have hereunto set m - 4 - . . . .. WAYI'fI!: F. SH.o\DE AttlM'Dey at Law S-8ov.th Huo..r Street Carli.le, PHIl.:rlnnla 17013 . . hand and seal to this, my Last Will and Testament which consists of five (5) typewritten pages to each of which I have affixed my signature this (t~ day of ~ ' A.D., One Thousa Nine Hundred Eighty-three (1983). 0 V~t/~~' Douglas A. Heisey (SEAL) The preceding instrument, consisting of this and four (4) other typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by DOUGLAS A. HEISEY, the Testator therein named, as for his Last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. ~~ ~SI~ -;'7 J: ~ - 5 -