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Home My WebLink About04-19-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of also known as Emma F. Weimer No. 21-05 - 35B To: Socia! Secuirty No 174-05-2486 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the executors named in the last will of the above decedent, dated July 18, 1997 and codicil(s) dated Dec.29,2003 (state relevenat circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberlaud the Decedent's last family or principal residence at Borough of Carlisle County, Pennsylvania, with 442 Walnut Bottom Road Carlisle (list street, number and municipality) Decedent, then 96 years of age, died at Thornwald Home, 442 Walnut Bottom Road, Borough of Carlisle, Cumberland County Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: No Exceptions Decedent at death owned property with estimated values as follows: (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: April 5, 2005 $ unestimated $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentary (testamentary; administration c.t.a.; administration d.h.n.c.t.a.) thereon. ~ ~at _ L. . Robert E. Weimer re(s) of Petitioner(s) ~^-- Residence(s) of Petitioner(s) 1542 Hemlock A venue Carlisle P A 17013 Name . OATH OF PERSONAL REPRSENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND Sworn to or affirmed and subscribed before me this \ ~ ..." day of April, 2005 ~~~ ~~, ~ ...,.,....~.'i:~,~~"'\:)~ \ The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing 'peition are true and correct to the best of the knowledge and belief of petitioner(s) and that as perso I represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate ace rding to law. .~~~ o ert . elmer Register No. ~ '\ . ~ S - '3 S'b Estate of Emma F. Weimer Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~... 'iil \ I.... '\ ~ , 20~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 July 18, 1997 , described therein be admitted to probated filed of record as the last will of Emma F. Weimer ; and Letters are hereby granted to Robert E. Weimer Probate, Letters, Etc. Will Renunciation Short Certificates (2. ) JCP Automation Fee Bettd \ . .. FEES $ 810 . CD $ \5.{D $ $ $ $ $ Total_ $ ,20 05 ~~~~~. RegIster of Wills ~ "'''~.. " ~o;q,,~''\<..~'" ~~'" '~~.\ Robert M. Frey,0tJ274 -..... ATTORNEY (Sup. Ct. J.D. No.) 5 South Hanover Street Carlisle, Pennsylvania 17013 ADDRESS Filed Lt 'lq 800 10.00 5 . elL> ~ f'Jli"6.(\\) (717) 243.5838 PHONE ." 'J...\-~S- 358 Thi, i, to certify that the information here given is cOITectly 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 OtTice 1(" permanent filing. .~ .)) ~ I.t:. '3 li ;0 ill TYPElPRlNT '" PERMANENT BLACK INK ~\ " z . C . U . C " o . > ~ WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 lL. ~o~-;:g~~ p 11330820 APR 7 2005 No. Date c\] Hl05.143 Rev_2I87 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH STATE FilE NUM!II:R '- AGE (lut BirIl1day) m,. NAME OF DECEDENT (Fnt, Mi<l<lle, Last) Enma F. Weimer SOCIAL SECURITY NUMBER 174 - 05 2486 DATE OF DEATH(Monlh,Oay, Year) 4. A ril 5, 2005 96 ,co RO_""" 0 ~I~fy) 0 RACE -Am&rlcan Indian, Black. White. el (Si>"<'ity) White .. COUNTY OF DEATH CUmberland ". k ". OECEDENTSUSUALOCCUPATlQN KIND OF BUSINESS I INDUSTRY I~~-::~:"~'u':",;jl;;:)" Public 11&. Elementary School T . er School DECEDENT'S MAILING ADDRESS (SlnIet, CityfTown, Slate, Zip Coda) DECEDENTS Thomwald Home ~fs~~NCE " ~M~l:2~tpll"H8'P3Rd. ~':':::':iJ:i' AS DECEDENT EVER IN U,S. ARMED FORCES? YasO NO(] ". He.State PA MARITAL STATUS. Married, Never Merried. Widowed, DIVtI<ced(S~) 14. Widowed SURVIVING SPOUSE (~,,'f..o'" "'...."n....) He. 0 Y"". deced&r1t lived In "'" decedent I;;aln. lO'M1s...p? 17d,1iJ ~~i=~':"V::or Carlisle 17b, CO'.lnl>' Cumber land cllylboro FATHER'S~ME(Flrst,Middle.Lll8t) " INFORMANT'S NAME (Type/Print) ,.. METHOD OF DISPOSITION Dor1aUon 0 BuNi Ul:crernaUon Cl'lemoval from Slate 0 .21.. Olher(Spedfy) . SIGNA SERVICELIC .", Complelell"""'23a-<:onlywhenCllrtllylng pI1~icfanlsnOl""allableaIUmeordeatl1t" oartily cause oIdeatll Fry MOTHER'S NAME (Frol, Middle. M.lden Sumsme) 18, Elizabeth Stine ~~~~mi 11~~~EsA~::l"City&rlsr~tl;oovA 1 7013 George Robert E. Weimer > ~,;~~ ~ ~'~ ~ 5~~E ~~~g "' PART"' Other.lgnillcanlctll1diUonsconlrfbutl"\llod..th,bul nolrasulllng In the und.rlylng cause given In PART I P1ACE OF DISPOSITION- Nam. or Cemetery, Clemelory tfapeftehankford Brick Churc 210. 21d. NAM AND ADDRESS OF FACILI'IY Hoffman-R9th Flmera1 Home DAT'E'OFDISPOSITlml ~r~1"91 2005 LICENSE NUMBER 010343-L LOCATION. CltylTown, Slale, ZIp Code Newville I PA 17241 220. T ofmyknowledl1".<leeth (gn8lurasndTitle) ,," T1MEOFDEATH < JlA;lS- LICENSE NUMBER 230. (') WAS CASE REFERRED TO A MEDICAL EXAMINER /CO ONER? 26. YeoO NO@' ltelll$24.26 must be oomplaiedby person wIIopronouncesdaatl1. 27.PARTl: En....lhodl_....lnJuriHorc.rnpl_ U...n.,.n......on.....,.... ; App",.lmsle ,In'eJValbetween :onselsnddeatll ,., .r, ~ , r' ~= < 0 W 0 00 " ~ Co ~'~ , 0 <; Us $equantlally 1st condlIlofls Il'any, Indlng 10 IlTVMdhW' . cause.f.ntarUNDI!iALYlNG CAUSE {Disease or injury 'lI1atlnililliedlMlnla resulUngon <lealh)LAST WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMf.D? AVAltABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? E DUETDlO MACONSSOUNCE MANNEROFDf.ATH Natural Er Homicioe 0 Acclden. 0 Perldlr1g Inves~ga~on 0 Suldde 0 Could nol be d.lennlned 0 DATE OF INJURY I"""""'. D.y, Voorl TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED Y...O No 8. ". PLACE OF INJURY bu11dl"'l.oto,IS_) 30e. 30b. Athome,larm,strgel.feclory.oI!\ca y...O " ffig~ f~t tz:.o~ ..0 u.o ",-0 2ilL 281>. CERTIFIER {Check only one} .l~~IGJ~~;=';r.= c::t~J'u-: t::3::~.~:~(:r~~':~~~a~.~I~~~.~.~~~~..~~_~.~.':'.~~.~.~.I:~.~.~~)... "PAOIKllJNCING AND CEATlFYlNG PHYSICIAN (?hy.icle.n both pronO'.lndng death and certifying IOcauseordesth) To u.. _I 01 my knowled~. dulh occurred at th. tlm., d.le, .nd pl."., end due to th. cau...(.J .nd m.nn.r U ."'Ied.. "MEDICAL EXAMINEAlCOAONER On Ih. b..I. oI.umlnllllon.ndlorln.....lIl1Otlon. In rnyoplnlon, d...thoc"urred aI Ih. 11m. ,dete..ndpl.c~..nddll&l<'lh."IIUH.(s)and ",",nn.r...tat.d.. 31.. REGISTRAR'S SIGNATURE AND NUMBER " ~ t\.. ~~>",-,:~~\,-t>.J " '-'01-:' ~II r;,IIIOI REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Emma F. Weimer No. 21-05 ~ '3> 5 ~ Also known as . Deceased Robert M. Frev (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that he was present and saw EMMA F. WEIMER, the testatrix, sign the same and that he signed as a witness at the request of testatrix in her presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before ..., 'S '+ \., me this day of April, 2005. Q,~ "-.........""", .J~~ ~,"K"'~, ;""s.~ "\:,~De~t~ (~~fu.~ Robert M. Frey 5 South Hanover Street Carlisle, PA 17013 ',j REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF NONSUBSCRIBING WITNESS Estate of Emma F. Weimer No. 21-05 - ~S ~ Also known as .Deceased Stephen D. Tiley and Trisha A. Liess (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that they are familiar with the signature of EMMA F. WEIMER, testatrix of (one of the subscribing witnesses to) the codicil/will presented herewith and that they believe/believes the signature on th codicil/will is in the handwriting of Krista King to the best of their knowledge and belief. ~ tephen D. Tiley j) , 7~1 Sworn to or affirmed and subscribed Before me this ,~.:;." day of 5 S. Hanover Street. Carlisle PA 17013 of April, 2005 / ~ ~~ '\~, ~~"\-/';F( 0l cPQA/J Register Trisha A. Liess ~ 6\<... '<~~ '~~~ ~~ '\ '.j Deputy 5 S. Hanover Stre~t. Carlisle P A 17013 I' , , I".' PETITION FOR PROBATE and GRANT OF LETTERS Estate of also known as Emma F. Weimer No. 21-05 To: 174-05-2486 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Secuirty No The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the executors named in the last will of the above decedent, dated July 18, 1997 and codicil(s) dated (state relevenat circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland the Decedent's last family or principal residence at Borough of Carlisle County, Pennsylvania, with 442 Walnut Bottom Road Carlisle (list street, number and municipality) Decedent, then 96 years of age. died at Thornwald Home, 442 Walnut Bottom Road, Borough of Carlisle, Cumberland County Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: No Exceptions April 5, 2005 Decedent at death owned property with estimated values as follows: (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: $ unestimated $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. r/ Residence(s) ofPetitioner(s) 1542 Hemlock Avenue Carlisle P A 17013 Robert E. Weimer , Name ") t.,':) "-,,,,, Cf. OATH OF PERSONAL REPRSENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and correct to the best of the knowledge and belief of petitioner(s) and that as perso al represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate a ording to law. ~ O'A~ ~Weiiner Sworn to or affirmed and subscribed before me this \ 0. ~ day of April, 2005 ,MhnA~t4-o:;;o ~~ No. j) 1- 05 - ?, si Estate of Emma F. Weimer Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~^~ J.. \C\. ,20 0 5 in consideration of the petition on the reverse side hereof, satisfacto y proof havmg been presented before me, IT IS DECREED that the mstrument(s) dated July 18, 1997 , described therein be admitted to probated filed of record as the last will of Emma F. Weimer ; and Letters are hereby granted to Robert E. Weimer Filed '-+ -\9 $ $ $ $ $ $ $ Total_ $ ,20 oS FEES ~11'\.lrCl \$.UD RobertM.Frey,06274 ORNEY (up. t. I.D. No.) 5 South Hanover Street Carlisle, Pennsylvania 17013 ADDRESS Probate, Letters, Etc. Will Renunciation Short Certificates ( ) JCP Automation Fee Bond ex .db 10.00 5.<5D 'iS5;:). . <'I)) (717) 243.5838 PHONE LAST WILL AND TEST AMENT OF EMMA F. WEIMER I, EMMA F. WEIMER, widow, of 5-E Todd Circle in the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. I. I direct my hereinafter named Executor to pay all of my just debts including any and all inheritance and estate taxes payable on account of my death regardless of whether the assets giving rise to such taxes are includable in my probate estate or not. I direct that my funeral services be conducted by Hoffman-Roth Funeral Home, 219 North Hanover Street, Carlisle, Pennsylvania, in accordance with arrangements made by me and prepaid by me. 2. I give and bequeath to my son, Robert E. Weimer, his heirs and assigns, all articles of tangible personal property which I may own at the time of my death, including automobiles, household goods and furnishings, etc., provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to my grandson, David G. Weimer, his heirs and assigns, provided he shall survive me by a period of ninety (90) days. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath as follows: a) Five (5%) percentto the Council of St. Paul's Evangelical Lutheran Church, 201 West LoutherStreet, Carlisle, Pennsylvania 17013, to be used to provide a suitable memorial to my husband, David E. Weimer, and me, the selection of which shall be made by said Council in consultation with my son, Robert E. Weimer. b) Five (5%) to the Council of St. Peter's Lutheran Church, sometimes known as Upper Frankford Lutheran Church and sometimes locally known as the "Brick Church", with present mailing address of Box 203, R. D. #4, Newville, Pennsylvania 17241, to be used to provide a suitable memorial to my husband, David E. Weimer, and me, the selection of which shall be made by said Council in consultation with my son, Robert E. Weimer. c) Thirty (30%) percent to my grandson, David G. Weimer, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to such of his legitimate issue, their heirs and assigns, as shall survive me by a period of ninety (90) days and if there be no such issue then to his parents, their heirs and assigns, provided at least one of them shall survive me by a period of ninety (90) days. d) Sixty (60%) percent to my son, Robert E. Weimer, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me, then to my grandson, Robert E. Weimer, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should both of them fail to so survive me, then to such of the legitimate issue of RobertE. Weimer, their heirs and assigns, as shall survive me by a period of ninety (90) days, per stirpes. If neither my son, Robert E. Weimer, nor my grandson, David G. Weimer, nor any legitimate issue of my grandson, David G. Weimer, shall survive me by a period of ninety (90) days, then the amounts which would have been paid to them shall be distributed as follows: I) Fifty (50%) percent to the Council of St. Paul's Evangelical Lutheran Church, 201 West Louther Street, Carlisle, Pennsylvania 17013, to be used for such purpose or purposes as the Council of said Church shall deem best; 2) Fifty (50%) percent to Financial Trust Services Company, and its successors, One West High Street, Carlisle, Pennsylvania, in trust, to add the same to the endowed care fund which it presently maintains for the benefit of the cemetery at St. Peter's Lutheran Church in Upper Frankford Township, Cumberland County, Pennsylvania, which is sometimes known as Upper Frankford Lutheran Church and sometimes known simply as "Brick Church", which has the present mailing address of Box 203, R. D. #4, Newville, Pennsylvania 17241, the income from said addition by me to the endowment fund to be used for the care and maintenance of the lots and the monuments thereon erected on which the bodies of my parents, George H. Frey and wife are buried, the bodies of my husband, David E. Weimer and of myself are buried, and the bodies of my brother-in-law, John A. Mountz and his wife are buried, and for the care and maintenance of all of the lots in said cemetery including the monuments erected thereon. Page I of 3 Pages e4t4rl'C/' J 1/e?;JPU/V 4. I hereby nominate, constitute and appoint my son, Robert E. Weimer, as Executor of this my Last Will and Testament but should he predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my grandson, David G. Weimer, as alternate or successor Executor, but should he fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint Financial Trust Services Company and its successors, One West High Street, Carlisle, Pennsylvania 17013, as alternate or successor Executor, and I further direct that none of them shall be required to post any bond to secure the faithful performance of his or its duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 5. In addition to the powers conferred by law, my hereinbefore named Trustee and Executors are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any goveming jurisdiction. Page 2 of 3 Pages &~p,'f~ IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this 18th day of July , 1997. C:4PP d. ~~ (SEAL) EmmaF. Weimer Signed, sealed, published and declared by EMMA F. WEIMER, the Testatrix above-named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~-~. ~I ~~.~' r= 1 Page 3 of 3 Pages