HomeMy WebLinkAbout01-16-15 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:
E.Pauline WearY
Decedent's Information ' r
Name: John D.Weary File No: 21 "� �"J �
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 12/31/2014 Age at Death: 72
Decedent was domiciled at death in Cumberland County, pq (State)with his/her last
principal residence at 13 Thomas Drive,Mechanicsburg 17050 Silver Spring Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 13 Thomas Drive,Mechanicsburg 17050 Silver Spring Cumberland PA
Street address,Post Offce and Zip Code City,Township or Borough County State
Estimate of value of decedenPs property at death:
If domiciled in Pennsylvania...................... All personal property $ 397,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 145,000.00
TOTAL ESTIMATED VALUE S 542,000.00
Real estate in Pennsylvania situated at See Attached.
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
�A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 09/25/2012 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 mar 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(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS � EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.6.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durente minoritate
If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and comolete list of heirs.
Except as follows:Decedent was not a party to.pending divorce proceedin 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 a�udicated an incapacitated person.
�NO EXCEPTIONS � EXCEPTIONS
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
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Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Ina . �� � �.Aa e of 2
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PETITION FOR GRANT OF LETTERS (CONTINUED)
Real Estate in Pennsylvania
13 Thomas Drive, Mechanicsburg 17050 Silver Spring Township Cumberland County
Centerville Road (4.99 Acres) 17241 Penn Township Cumberland County
Cabin Lease No. 1 C Tyrone Township Adams County
252 Waterrace Lane, Gardners
Oath of Personal Representative Official Use Only
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COMMONWEALTH OF PENNSYLVANIA } � � �z7 �
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COUNTY OF Cumberland } a �"' � Q
Petitioner(s)Printed Name Petitioner(s)Printed Address �'� � � � � �'�"
E.Pauline Weary 414 West Keller Street �� -" 1''� � "' ��
Mechanicsburg,PA 17055 '� ' ` , r•��
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The Petitioner(s)above-named swear(s)or affirm(s)the statemen in th foregoing Petition are rue and correct to the best of the nowledge and
belief of Petitioner(s)and that,as Personal Ftepresentative( of ece t,P titioper(s) ill ell a d ruly administer the est e ccordin to law.
Sworn to ff,i�ed sub cribed before Date
me t 's . `'day , 0��5 Dat
BY: Date
F e Re ister Date
BOND RequiredT � YES ❑ NO To the Register of Wills:
FEES: / Please enter my appearance by my signature below:
Lett r .......................................... $ lU4'00 Attorney Signat e:
( ��)Short Certificate(s)......... • �� fr'' r`
( )Renunciation(s).............. y
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: James D.B ar
Bond............................................. Supreme Court
Commission.................................. ID Number: 19475
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� Firm Name: Bogar 8 Hipp Law Offices
n a� � � _ �� Address: One West Main Street
Shiremanstown,PA 17011
Phone: (717)737-8761
Automation Fee............................ '
Fax:
JCSFee....................................... �
TOTAL......................................... $ � E-mail: jbogar�bogarlaw.com
DECREE OF THE REGISTER Date of Death: 12/31/2014
Social Security No:
Estate of John D.Weary File No: 21'—���
a/k/a:
AND NOW, , <� ,in consideration af the foregoing Patitiun,
satisfactory proof h ving been presen before me,IT IS DECREED that Letters Testamentary �
are hereby granted to E.Pauline Weary
in the above estate and(if applicable)that the instrument(s)dated 09/25/2012
described in the Petition be admitted to probate and filed of record as the I t Will(a odicil(s))of cedent.
is er of Wills
Copyrighl(c)2011 form software only The Lackner Group,Inc. 2
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REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
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•� � e� No. 20�5- 00051 PA No. 21- 15- 0051
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J� � Es ta te Of: JOHN D WEARY
/O� Z IFi�s7,Middle,Last)
V ���I �
M-� �'� La te Of: SlL VER SPRING TOWNSH/P
� o/ CUMBERLAND COUNTY
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Deceased
Social Security No:
1750
WHEREAS, on the 16th day of January 2015 an instrument dated
September 25th 20I2 was admitted to probate as the last will of
JOHN D WEARY
(Fiist,Middle,Last1
late of S/LVER SPR/NG TOWNSH/P, CUMBERLAND County,
who died on the 31st day of December 2014 and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA 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:
E PA ULINE WEARY
who has duly qualified as EXECUTOR(R/Xl
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, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my offi ce on the 16th da y of January 2015.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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LAST WILL AND TESTAMENT ' ���° � " =��
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JOHN D. WEARY
I , JOHN D. WEARY, of Mechanicsburg, Cumberland County,
Pennsylvania, make, publish and declare this as and for my Last
Will and Testament, hereby revoking all other Wills and Codicils
neretozore made by me .
FIRST: I devise and devise my cabin, being Lease No .
1C 252 Waterrace Lane, Gardners, Pennsylvania 17324 , to my
niece, CYNTHIA A. EBNER, my niece, LAURA Y. BRICKER, my niece,
JILL Y. BRANYAN, and my nephew, THOMAS J. YEAGER, as joint tenant
with the right of survivorship . In the event that any of my
nieces and nephew, as set forth in this Clause FIRST predecease
me, I direct that their share in my cabin lease pass, in equal
shares, to my surviving nieces and nephew, as set forth in this
� Clause FIRST.
� SECOND : I give, devise and bequeath all the rest,
� residue and remainder of my estate of whatever nature and
wherever situate, including any property over which I hold power
of appointment and together with any insurance policies thereon,
to my former wife, E . PAULINE WEARY, provided that should she
predecease me, then to my former stepdaughter, KAREN ELIZABETH
HENRY.
THIRD : In addition to all powers granted to them by
law and by other provisions of this Will , I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it .
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement , zoning or management of real estate and to
impose or extinguish restrictions on real estate .
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value .
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments .
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws .
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
� (�-i? To borrow mor�ey frorn tl�emselves or others in order
� to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will , and for
investment purposes .
(I) To select a mode of payment under any qualified
etirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
2
any other rights which they may have under the plan, in whatever
manner they consider advisable .
FOURTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will , shall be paid out of
the principal of my residuary estate .
FIFTH : I nominate and appoint my former wife, E.
PAULINE WEARY, Executrix of this, my Last Will and Testament . In
the event of the death, resignation or inability to serve for any
reason whatsoever of the said E. PAULINE WEARY, I nominate and
appoint my former stepdaughter, KAREN ELIZABETH HENRY, Executrix
of this, my Last Will and Testament . I direct that my Executrix,
and their successors, shall not be required to post security or a
bond for the performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this �..,$'� day of
�',��� 7�'�r'��3�o�o1a .
� �i��" �SEAL)
HN D. WEARY
Signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament in our
presence, who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses . ,
Address
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OATH OF SUBSCRIBING WITNESS(ES) ' , =Y' � � m
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REGISTER OF WILLS '
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CUMBERLAND COUNTY, PENNSYLVANIA
2/- I��"/
Estate of John D. Weary , Deceased
James D. Bogar and Jennifer B. Hipp , (each) a subscribing witness to
(Print Name/sJ
the�Will �Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she/he/they was/were present and saw the above Testator/Testatrix sign the same
and that she /he/they signed the same and that she/he/they signed as a wimess at the request of
the Testator/Testatrix in her/his presence and in the presence of each other.
� � �
(Signature) (Sig re)
One West Main Street One West Main Street
(Stree�Addr�ess)
(Street AdclressJ
Shiremanstown, PA 17011 Shiremanstown, PA 17011
(Ciry.State,Zip) (Ciry,State,7_ip)
Executed 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 day before me this %��� day
of , of 4�.��1��U'G�l`�' , �_��.�/, .
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Deputy for Register of Wills Notary Public � " �
My Commission Expires: «���/��`�
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NO"1'E� To be taken by Officer authorized to administer oaths- Please have present the original or copy of instrwnent(s)at time of notarization.
WEALTH OF ENN Y ANI
Form RW-03 rev. l0.l3.06 N TARIAL EAl
BETH B,LENGEL,NOTARY PUBIIC
MY COMM SSION EXPIRES ECEMBERI Y�,20NiS