HomeMy WebLinkAbout08-01-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF C U M O E7ELAA),D 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: C/yd6 2 Hawbu lkr File No: -722
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 7,466 Z4 Zo/ff Age at death: 8�
Decedent was domiciled at death in Cla mberlamJ County, n St vallu a (State)with hls{herlast
principal residence at x313 New yorK l4ve_t & . CAmkp&nd Af
Street address,Post Office and Zip Code City, wash or Borough County
Decedent died at 2 313 Yo--A-/{r¢, to r/�// T [v?a AN
Street address,Post Office and Zip Coe City,T n�r Borough County State
Estimate of value of decedent's property at death: l
/!domiciled in Pennsyl vania............................ All personal property $ S. DDO•°O
Ifnot domiciled in Pennsy lvania. ....................... Personal property in Pennsylvania $
Ifnot domiciled in Pe nnsylvania. ....................... Personal property in County $
Value of real estate in Pennsyl vania......................................................... $ Z.S
TOTAL ESTIMATED VALUE. ... $�' �30g 000-0,0
Real estate in Pennsylvania situated at: 2313 /LH.vYo,,K.4.e.,�.r�o Hi%� ZoAlee i¢dL�✓/ Tsvp. L',..tbtrlame% f A
(Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)__h�e�lJsshe/ ey is7are the Executors)named in the last Will of the Decedent,datTed /1/0% /S, j00fj and��s.
tharetaAeted der&dey r�OCCQ Sed '6Y Xilf A"Apt �Ql �%k ✓. Q/U eG�lf� . 2y Z007
State relevant circumstances(eg.renunciation,death of executor,eta) Cr
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divo t�yvasnota to a0 aid r
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g), 3->t8�no[havchild bo'm iir
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
P g J P P v' 1
CD(n
v
NO EXCEPTIONS O EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (if applicable) C'
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente tile,durance a&nfia,du+6,gTe minprifdtp
-n �n O
If Administration,c.Aa. or d.b.n.c.ta.,enter date of Will in Section A above and completiV'Ust of heiT-
Except as follows: Decedent 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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
❑ NO EXCEPTIONS ❑ EXCEPTIONS
Petitioner(s),aftera proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets, ifnecessary):
Name Relationship Address
Form RW-02 rev.10/I1r2011 - Page I of
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTYOF CltM64-J rttd }
Petitioner(s)Printed Name Petitioner(s)Printed Address
vU Q. Wawteeker 8(21 MoorrS A;n 024. 94 173
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 Pqeetitionn�r(s) ill we and t ly administer the estate according to law.
Sworn to or affirmed and subscribed before ><tl.�nti-l ��IL,Y P l(_ P Date �' - I L4
me this 15r day of }- ,20N Date
By: Qj Ct &I Date
For the Register Date
BOND Required: ❑ YES X NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
nn
Letters. . . . . . . . . . . . . . . . . . . . . . $ -I0 Attorney Signature:
( � )Short Certificate(s). . .. . .
( )
Renunciation(s). . . . . . .. .
ils) . . . .
( )Affrdavit(s)... . . . . . .
. . .
Bond.. . . . . . . . . .. . . . . . . . . . . . . Printed Name: C/l.Q�GS E /Y/7/e./ds Nl
Commission. . . . . . . . . .. . . . . . . . Supreme Court 38Si.3
Otherl(Ylt . . . . . . . —� ID Number:
. . t5 Firm Name:
OC VI SU�6GVtb1TI�.K2 Address: PhAd
J0020"70 sr z'
. . � lA� r m c.
. . . . . . Phone: 717-74P 6-0,20 '
Automation Fee. . . . . . . . . . . . . . . 5 Fax: �J/7 f=7f/ 'Cn
JCS Fee. . . . . .... . . . . . . . . .. . . °J3.SO Email: [�gs�/�/q(a•3 jeQS�ei ��-i 't;
TOTAL. . . . . . . . . . . . . . .. . . . . . $ -t3•$U -
C_
DECREE OF THE REGISTER Cr1 cn
Estate of Clvde Q lAniber-ker File No: Lt-
a/k/a: —�
AND NOW, k in consideration of the foregoing Petition,
satisfactory proof having been resented before me,IT IS DECREED that Letters T¢St4 men fkr4
are hereby granted to D&W;d/? f1'eklhecgee
in the above estate and(if applicable)that
the instrument(s)dated NOV /S 2005/
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
Fom RW-01 e.10/1112011 *iste*r of W I S 6
Page 2 oft
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LAST WILL AND TESTAMENT OF CLYDE R. HAWBECK ;.
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D � Cn(D
1, CLYDE R. HAWBECKER, married man, currently of the Township of Lower Allen, X T
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do
make, publish and declare this my Last Will and Testament, hereby revoking and making void any and
all prior Wills by me at any time heretofore made.
1 .
I direct the payment of all my just debts and funeral expenses as soon after my decease as the
same can conveniently be done.
2.
All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and
wheresoever situate, I give, devise and bequeath to my beloved wife, MADELINE J.
HAWBECKER to her own use and benefit absolutely.
3.
In the event my said wife, MADELINE J. HAWBECKER, should predecease me or die at
about the same time I do, such as in an accident rr disaster common to both of us, I give, devise,
and bequeath all the rest, residue and remainder of my estate, real, personal, and mixed,
whatsoever and wheresoever situate to my son, DAVID R. HAWBECKER, Trustee, in trust, and
in the event that he is unable or unwilling to serve as Trustee for any reason, then to my daughter,
CONNIE CASSELL, Trustee, in trust, and in the event that she is unable or unwilling to serve as
Trustee for any reason, then to my daughter, CINDY L. ESTES, Trustee, in trust, to be held,
administered, and eventually distributed as per the following terms and conditions:
A) I and my spouse are currently the owners, as Tenants by the Entireties, of a
residential dwelling house largely built by ourselves on grounds purchased from Paul R. Freysinger,
et ux, by deed dated March 30, 1953, and recorded April 16, 1953 in the Recorder's Office in and
for Cumberland County, Pennsylvania, in Deed Book 15 H 57. The said house has an address of
2313 New York Avenue, Camp Hill (Lower Allen Township), Cumberland County, Pennsylvania,
is seated upon one building lot, and has another lot contiguous thereto.
Our son, ROBERT HAWBECKER, has lived in this house for quite some time and 1 am
desirous of making sufficient provisions to enable him to continue to live in the house until such
time as he departs this earthly life, for reasons of health has to leave the premises with no
reasonably likely prospect of return, departs voluntarily with no reasonable prospect or intention
of returning, or, until such time as circumstances, as they may develop, make it prudent and
reasonable to sell the premises at the same time making it imprudent and unreasonable to
maintain the premises. This latter decision shall be in the sole, absolute and final discretion of my
Trustee and his or her decision on such matter shall be absolute and final.
My said son, ROBERT HAWBECKER, shall have a right to occupy the premises upon
the terms and period as above stated. However, this right of occupancy shall be further
conditioned upon the following terms as if they were terms set forth in a plain language lease with
ROBERT being the tenant and my Trustee being the landlord.
Trustee, as owner of legal title to the premises, shall receive and pay, among others, the
following billings, all of which shall be timely and promptly reimbursed to Trustee by Robert:
(I.) Real estate taxes.
(2.) Fire, Hazard and Liability Insurance (the amount of coverage and the
insurance company to be used shall be in the sole discretion of my
Trustee).
(3.) All utilities, including but not limited to: electric, water, sewer, trash pick-
up, heating oil, telephone, cable TV and the like.
(4.) Any routine maintenance and/or repairs under five hundred ($500.00)
dollars in today's value, per episode or occurrence. This base figure is to
be adjusted by my Trustee from year-to-year to factor in inflation as per
the Consumer Price Index or some similar, generally accepted and standard
measure. The index to be used and the decision as to what constitutes
routine maintenance and repairs shall be in the sole, absolute, and final
discretion of my Trustee.
Major capital improvements, such as roof or heating system replacement and the like,
shall be paid for by Trustee. In the event the Trust is insufficiently funded to pay for such capital
improvements as circumstances may develop from time-to-time, or if for any other reason, as
stated above, it becomes prudent and reasonable to sell the property and imprudent and
unreasonable to maintain the premises, Trustee, in his sole, absolute, and final discretion may
proceed to sell the property.
In the event of such a sale, it is my wish that so far as my said son, ROBERT, may be in a
position to buy the property, that he be given a reasonable opportunity to do so. In the event it
appears that he is able to do so, my Trustee shall obtain two (2) good and reputable certified real
estate appraisers to make appraisals wholly independent of each other and the two (2) appraisals
shall then be added together and divided by two (2) to obtain the average price. Said average price
shall be the offering price, to my said son, ROBERT. He shall then have a maximum of sixty
(60) additional days to complete his financial and other arrangements and to come to settlement.
In the event my said son is not interested in making such purchase or is unable to do so for
any reason, my Trustee is authorized to make sale of the said premises at public or private sales,
as Trustee in his/her sole and absolute discretion deems best and to deliver a good and sufficient
deed to the purchaser thereof.
Upon the sale of the said premises, my Trustee is to divide and distribute the remaining
balance of principal and any income accumulated thereon in said Trust among my then living
issue, ner stirnes. The date of settlement of said sale shall be considered the date on which the
shares of the remaindermen herein shall vest fully in them or their issue, as the case may be.
Realizing that there are other duties and responsibilities associated with being a Trustee, I
authorize and empower my Trustee to take reasonable compensation for the services rendered
hereunder and to hire professionals such as C.P.A.s, attorneys and the like to aid in the carrying
out of Trustee's duties and to pay the costs of the same and of other similar-like service providers
from the assets of the said Trust.
4.
I nominate, constitute and appoint my said wife, MADELINE J. HAWBECKER, to be
the Executrix of this my Last Will and Testament. In the event that she should predecease me or
for any reason be unwilling or unable to act as such Executrix, I nominate, constitute and appoint
my son, DAVID R. HAWBECKER, to be Executor in her place and stead. In the event that he
should predecease me or for any reason be unwilling or unable to act as such Executor, I nominate,
constitute and appoint my daughter, CONNIE CASSELL, to be Executrix in his place and stead.
In the event that she should predecease me or for any reason be unwilling or unable to act as such
Executrix, I nominate, constitute and appoint my daughter, CINDY L. ESTES, to be Executrix in
her place and stead. I further direct that they shall not be required to file bond or other security in
the Office of the Register of Wills for the purpose of administering my Estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1-57X day of
A.D. 2004.
_ (SEAL)
LY E R. HAW MCKER
Signed, sealed, published and declared by the above-named CLYDE R. HAWBECKER, as
and for his Last Will and Testament, in the presence of us, who at his request and in his presence,
and in the presence of each other, have hereunto subscribed our names as witnesses.
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
C14RAaU .V2> COUNTY,PENNSI'LVANIA
Estate ofyDE Q f�/fwG� T, Deceased
n �
a subscribing witness to
(Prior Name/s)
thegl Will 6-4-etr cil(s)presented herewith, {eac4r;being duly qualified according to law, deposes) and
says)that s he Z41w* was L'v4w-e�- present and saw the above Testator li e sr R sign the same
and that :ate-I he/4ter Signed the same and that he/4ioy. signed as a witness at the request of
the Testators in -iter/his presence and in the presence of each other.
c r <�
(SiSnalwe tlf4J1/PS �(r�Q/� (SignaturaJ ��"i_r.
( Street Address
.Street Address) ( )
r Ti
(City,Smle,Zip) (City,Slate,ZipJ
Fxecarted in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed
before me this 15T-
—, day before me this day
of_._�� � PQ of
Deputy fot Re istei of Wills Notary Public
My Commission Expires:
(Signature and Seat or Notary or of 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 instrunambs)at time of notarization
Font,RJIK03 irev, /0.13,06
OATH OF SUBSCRIBING WITNESS(FS)
REGISTER OF WILLS
('4mdkn*! tb COUNTY,PENNSYLVANIA
Estate of e4plaE oe 4A*&9X45e Deceased
,(wylz) GP. EI/ A/A9SCi,EX!> jeeelr}a subscribing witness to
(Print Name/s)
the' (Will 0 i4(c)presented herewith,{@R ,being duly qualified according to law, depose(s) and
says)that &h,�.J he was present and saw the above Testator / °mot sign the same
and that 94e4 hem signed me same and that -shefhcJ'- . signed as a witness at the request of
the Testator 4X-T in -13e /his presence and in the presence of each other.
� t
(Signrsrure) d R. !k L_-„ (Signature) M—q.
4 ue .cTti* 70
Es67 /}?da/Ya /!/lly/ji�1r _ =tr�a
(Street Address) (Street Address) �C7 f- (_;iC)
x, t�
(Gilt.State,Zip) (City,State,Zip) _ iLn ti0
CSI _
Executed in Register's Office Executed out of Register's Office
Swom to or affirmed and subscribed Sworn to or affirmed and subscribed
before me.this I ST day before me this day
of �, � of
Deputy for Regist r of Wills Notary Public
My Commission Expires:
(Signature and Said of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To betaken 6y Onieer amhDFized rn admioister oaths. Please have present the originat or copy of orstrument(s)at time of notarization.
FwvtRW-03 rev. /0,13.06
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
No. 2014- 00722 PA No. 21- 14- 0722
Estate Of: CLYDE R HA WBECKER
(First,Middle,Las)
Late Of: L 0 WER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Security No:
O
WHEREAS, on the 1st day of August 2014 an instrumen Led
November 15th 2004 was admitted to probate as the last wi
CL YDE R HA WBECKER
(First Middle,L.v) - O
late of LOWER ALLEN TOWNSHIP, CUMBERLAND County, 01
a cr
who died on the 21st day of July 2014 and, C-R
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
DAVID R HA WBECKER
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 1st day of August 2014.
IXJ�.
Reolste'ot WI/ls
D putt'
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)