HomeMy WebLinkAbout02-11-05
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of David D.Lauver No.J1- 05 - ()1.:1,L!-
also known as
, Deceased
Social Security No. 196-48-1940
Petitioner(s), who is/are 18 years of age or older, apply{ies) for:
(COMPLETE "A" OR "B" BELOW:)
GJ
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut fiX
Decedent, dated 1/28/2005 and codicil(s) dated
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of executor, atc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
o
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minorilale)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship Sf\esidence:,<l ,..; I
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. i,e:
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, 0
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary,
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principai
residence at 207 Frytown Road, Carlisle, P A 17013
(list street, number and municipality)
Decedent, then 49 years of age, died January 31 ,2005, at Holy Spirit Hospital
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PAl All personal property......................................... $
(if not domiciled in PA) Personal property in Pennsylvania .................... $
(If not domiciled in PA) Personal property in County.............................. $
$
$
5,000.00
75,000.00
80,000.00
Value of real estate in Pennsylvania ......... .........................................................
Total ................................................ .........,............................................
Real Estate situated as follows:
207 Frytown Road, Carlisle, P A 17013
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 undersigne~:
Typed or printed name and residence
RW.7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and 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 iaw.
Sworn to and affirmed and subscribed . L
before me this~ day of /7 47
:~:'~':::~k-7S ~~t;-~ot;J
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DECREE OF REGISTER
Estate of David D.Lauver
also known as
Deceased
No.;21-0S-13Y
Social Security No: ] 96-48-] 940 Date of Death:
AND NOW,:}... \o~.. ... , . CI. , ~oo5 ,in consideration of the Petition
on the reverse side hereon, satisfactory p?oof having been presented before me,
IT IS DECREED that Letters IXI Testamentary 0 of Administration
(c.t.a" d,b.n.c.t; pendente lite; durante absentia; durante minorilate)
are hereby granted to Carolyn 1. Neidigh
"..,;
in the above estate and that the instrument(s), if any, dated January 28,2005
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ....................................
Short Certificate(s) ...............
Renunciation ..........................
Affidavit ( ) .......................
Extra Pages (~...........
Codicil.................................
JCP Fee .................................
Inventory & Tax Forms.............
Other ......................................
",,;"l
$ .Q./ 0 . c).)
$ HI> .6L':l
$
$
$ I~ r'i')
$
$ IO.c()
$
$ 5.60
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-... ~~~
/
,
Attorney: E. Ralph Godfrey
1.0. No: 77052
Address: 17 West South Street
Carlisle
Telephone: 717-243-5100
DATE FILED: ~-05
PA 17013
TOTAL .............................$ ;).~In ob
RW-7A
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Thi, 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.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this cel1ificate. $6.00
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COMMONWEALTH OF PENNSYLVANIA" DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(Coroner)
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TYPE/PRINT
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Lauver
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SOCIAL SECURITV NUM6ER
DATEDF DE,o;JH{MMlh. Day,....."
.. January 31, 2005
3. 196-48-1940
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11. Carlisle, Pa 17013
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SIGN Chief Deputy
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LICENSEN 6ER OI\l"ESIGNEDIMcntl1,Oay._~
o 310. 31d. Pebruar 1, 2005
NA~E"'NDADDRESS~ PERSON~OCOMPlETEDCAUSEOFOEJIWH
(1IIlm27)TY""C<PrlnITodd C. Eckenrode. Chf . Dep. Coroner
r"Yf 6375 Basehore Rd., Suite #1
~n. Mechanicsburg. Pa. 17050
O/Q'"EFILED(MonIhDay'(eaf--.
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LAST WILL AND TESTAMENT
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OF
-~
DAVID DANIEL LAUVER
C':'}
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I, DAVID DANIEL LAUVER, of 207 Frytown Road, Carlisle, Cumberland county,
Pennsylvania 17013, declare this to be my Last Will and Testament and hereby revoke all Wills
and Codicils previously made by me.
ITEM 1.
I direct my Executrix hereinafter named to pay all my legal debts and
funeral expenses, including the cost of my gravemarker and administration expenses of my
estate, as soon as practicable after my death.
ITEM 2.
I give and bequeath my tangible property including automobiles,
motorcycles, jewelry, wearing apparel, books, pictures, household furniture and furnishings, and
all other articles of household and personal adornment, together with any insurance existing
thereon, equally to my niece Carolyn J. Neidigh and nephew Ronald L. Neidigh, per stirpes. The
share of my niece of nephew deceased at my death, without issue surviving, shall lapse in favor of
the other surviving sibling and should that other sibling not survive, unto their issue surviving, per
stirpes.
ITEM 3.
I give, devise and bequeath the rest, residue and remainder of my estate, real,
personal or mixed, of whatever nature and wheresoever situate, including all lapsed legacies and
bequests including any property over which I may have a power of appointment at the time of my
death equally to my niece Carolyn J. Neidigh and nephew Ronald L. Neidigh, per stirpes. The
share of my niece of nephew deceased at my death, without issue surviving, shall lapse in favor of
the other surviving sibling and should that other sibling not survive, unto their issue surviving, per
stirpes.
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ITEM 4. Should any beneficiary of my estate be under Twenty- five (25) years of
age, I direct that the share of such beneficiary shall be paid unto Carolyn J. Neidigh, as Trustee
for said beneficiary, on the following terms and conditions:
(a) My Trustee shall divide this sum into equal shares corresponding in
number to my beneficiaries surviving me, and each share shall be held in a separate trust
for each of my surviving beneficiaries.
(b) My Trustee shall hold, manage, invest and reinvest the shares so received,
and the accumulation of interest, and use and apply from time to time such portion of
income and principal thereof as he deems necessary for such beneficiary's health,
maintenance, comfortable support and education, or to make payment to any personal
guardian of such beneficiary. The term "education" means technical, preparatory,
college, graduate and professional education while enrolled in good standing in a
recognized educational institution.
(c) Any principal or income not so applied shall be distributed to such
beneficiary when he/she attains the age of Twenty-five (25) years.
(d) All shares of principal and income hereby given shall be free from
anticipation, assignment, pledge or obligation of the beneficiaries and shall not be subject
to any execution or attachment.
(e) Should any beneficiary die prior to the termination of the trust fund, I
direct that any balance remaining in his fund shall be distributed to the issue of said
beneficiary. If said beneficiary is not survived by issue, I direct that any balance
remaining in his fund shall be distributed to my surviving beneficiaries in accordance
with the ratios set forth in this my Last Will.
_1), '0. L.
(f) In the event Carolyn J. Neidigh, shall predecease me, cease or be unable to
act as my Trustee, I appoint Ronald L. Neidigh, to act in that capacity.
ITEM 5. In addition to powers granted by law or by other parts of this Will, my
Executrix hereinafter named shall have the following powers.
(a) To retain any and all assets of my estate, real, personal, or mixed, without
regard to any principle of diversification, risk, or productivity, except as may be otherwise
expressly provided herein;
(b) To sell at public or private sale, to exchange, to lease, to pledge, to
mortgage, to transfer, to convert, or otherwise dispose of, and to grant options with respect
to, any and all property, real, personal, or mixed, at any time forming part of my estate in
such marmer, at such time or times, for such purposes, for such price or prices and upon
such terms, credits, and conditions as may be deemed advisable or necessary under the
circumstances;
(c) To invest and reinvest the property in stocks, bonds, mortgages, notes,
insurance policies, armuities, common trust fund participation, or other property of any
kind, real, personal, or mixed, irrespective of any statute, case, rule, or custom limiting the
investment of trust funds, except as expressly provided otherwise herein;
(d) To settle, compromise, contest, prosecute, or abandon claims in favor of or
against my estate as may be deemed advisable;
(e) To allocate receipts and disbursements to principal or income or partly to
both and to ascertain principal or income in accordance with the laws of the Commonwealth
of Pennsylvania;
[;,0,/..
. .
(f) To make distribution or division of the estate in cash, in kind, or partly in
both; and to postpone distribution by agreement with a beneficiary;
(g) To exercise any law-given option to treat administration expenses either as
income tax or estate tax deductions, without regard to whether the expenses were paid from
principal or income, and without requiring reimbursement; and
(h)
To disclaim any inheritance or transfer.
ITEM 6.
No bond shall be required by my Executrix, but if bond is nevertheless
required, it shall be without surety.
ITEM 7.
All estate, inheritance, legacy, succession or transfer taxes, including any
interest and penalties thereon, imposed by any domestic or foreign law with respect to all
property taxable under such laws by reason of my death, whether or not such property passes
under this Will, by operation oflaw, by contract or otherwise, shall be paid from my estate as a
part of the expenses of administration thereof without any right of reimbursement from any
recipient of any such property, without any right of apportionment and without postponement.
ITEM 8.
I appoint Carolyn J. Neidigh as the EXECUTRIX of this my Last Will and
Testament. If Carolyn J. Neidigh predeceases me, ceases or is unable to act as my EXECUTRIX, I
appoint Ronald L. Neidigh, as EXECUTOR of this my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand this :/>5' r- day of 'j' c"'-^'''J'>
2005.
,(, l ,;.", (" \,....,/
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DAVID DANIEL LAUVER
fit/', L
The preceding instrument consisting of this and four (4) other typewritten pages identified by the
signature of the Testator was on the date thereof signed, published and declared by DAVID
DANIEL LAUVER, the Testator therein named, as and 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.
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
We, DAVID DANIEL LAUVER , ~. ?~-~" G'JJ~,and !1-t<\'" (,,,~ ,the
Testator and the witnesses, respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator
signed and executed the instrument as his last Will and that he had signed willingly (or willingly
directed another to sign for his), and that he executed it as his free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and hearing of the
Testator, signed the Will as witness and that to the best of our knowledge the Testator was at that
time eighteen years of age or older, of sound mind and under no constraint or undue influence.
L.,..:~/l Y~t<--Zu___
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Testator
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Witness G:
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SWORN to or affirmed and acknowledged before me by the above named Testator and witnesses
this ~",1-- day of\<-~ ,2005.
NOTARIAL SEAL
DONNA L. GODfREY, NOTARY PUBLIC
CITY OF CARLISLE. CUMBERLAND COUNTY
MY COMMISSION EXPIRES OEC. 02. 2006
~.
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Notary Public
My Commission Expires:
(SEAL)