HomeMy WebLinkAbout04-28-15 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:
Decedent's Information �J�_ ��, ���-
Name: Lee A. Clouse File No: �j
��a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No: 204-28-1233
Date of Death: April 8 2015 Age at death: 80
Decedent was domiciled at death in Cumberland County, Pennsvlvania (stare)with his/her last
principal residence at 966 Doublinq Gap Rd Newville PA 17241 Lower Mifflin Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at West Shore Pinnacle Hospital Mechanicsburq Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania........... ..... .. .......... All personal property $ 200,000.00
If not domiciled in Pennsylvania. ................. ...... Personal property in Pennsylvania $
If not domiciled in Pennsy[vania. .. ........... .......... Personal property in County $
Value of real estate in Pennsylvania..................................... ....... . .... . ....... $ 220,000.00
TOTAL ESTIMATED VAI.UE. ... $ 420.000.00
Reat estate in Pennsytvania situated at: 966 Doublinq Gap Rd Newville PA 17241 Lower Mifflin Twp. Cumberland
(Attach additional sheets,if necessary.) Street address,Post OfTice and Zip Code City,Township or Borough County
✓� A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated .lUly 30, 1993 and Codicil(s)
thereto dated
Patricia A Clouse deceased on 2/12/2015 Jeffrev L Clouse&Cvnthia A Garman are named successor executors.
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 marry,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 applicabte)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pe�rdente lite,durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grow�ds 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 �-�-,�r*+.
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was stiirvived by the followi�s�use(if any�nd h�(�ach
additional sheets,if necessary): � � � c,� �
� �.,, t_" ,':,i �",:7
Name Relationshi AddreSs- .�. �-t CA
,.,
;,.� , ; r-�5
. . . _,�.� ,� '"."i
..,,- ....,
, :7 -r'} �
: C'" t'T1
�.�.j � � Q.
Form RW-01 rev.10/11/20/! Page 1 of 2
., , .. .
c� n � rn'
co � c�
-nn c-7 G,
Oath of Personal Representative `�'°��use°"'�' `'' -�
r-r� � t� e:..,., t-3
';J ��. ("J N � �..,;,�
� ..,� f�l (�U J L�:J
COMMONWEALTH OF PENNSYLVANIA } , ��>
} SS: , _� ';� -x�
'? t�:7 � _rl
COUNTY OF Cumberland } � � �'`� "= c�
,.� rv r— rn
Petitioner(s)Printed Name Peririoner(s)Printed Address -,; "� � `�
� �
Jeffrey L. Clouse 962 Doubling Gap Road, Newville, PA 17241
Cynthia A. Garman 199 Mooredale Road, Carlisle, PA 17015
T'he Petitioner(s)above-named sweaz(s)or affirm(s)the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of th�Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to �med and ubscribed b ore � �. � Date �-r�- ��- �S
me this y of ` , / Date �/ ��/�
By; � / Date
�br t, e 'ter Date
s
BOND Required:QYES Q NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
Let •. .. . . .. . . . . . . . . . . . . . . . $ �/�r O� Attorney Signature:
( �)Short Certificate(s).. . . . . �D
( )Renunciation(s).. . . . . . . . �� �,1 J,nl'
( )Codicil(s). . . . . . . . . . . . . � �;i�'I
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . .. .. . . . . . . . . . . . . . . Printed Name: Thomas P. Gleason Esquire
Commission. . . . . . .. . . . . . . .. . . Supreme Court
ther . . . . . . . . -� ID Number: 82259
) : . . . . . . . .
Firm Name: Law Office of Thomas P. Gleason
Address: 49 West Oranqe Street
� �b Shippensburq PA 17257
. . . . . . . . 0G
Phone: 717-532-3270
. . . . . . . .
Automation Fee. .. . . . . . . . . . . . . � (� Fax: 717-532-6673
JCS Fee. . . . . . . . . . . . . . . . . . . . . L� Email: tomqleason tomqleasonlaw.com
TOTAL. . . . . . . . . . . .. . . . . . . . . $ �,
DECREE OF THE REGISTER
Estate of Lee A. Clouse File No:
a/k/a:
AND NOW, � + � ,'�� in consideration of the foregoing Petition,
satisfactory proof havin been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Jeffrev L Clouse&Cvnthia A. Garman
in the above estate and(if applicable)that
the instrument(s)dated July 30 1993
described in the Petition be admitted to probate and filed of r cord as the last Will(a�d odicil(s))of Decedent.
,f�
`� {` �/�
, ,�;. ,
e 's er of Wills � � ��
;c�
Form RW-02 rev.10/11/2011 `� ���' ��
. : .
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
oF c Wy
�,�y �,�� e��` No. 2015- 00475 PA No. 21- 15- 0475
O •�Z Estate Of: LEEA CLOUSE____
(Fiist,Middle,Lastl
� � v
� Late Of: LOWER MIFFUN T(7�✓VNSHIP
CUMBERLAND COUNTY
M
Deceased
Social Securi ty No:
1750
WHEREAS, on the 28th day of April 2015 an in:>�rument dated
July 30th 1993 was admitted to probate as the Ia:�', will of
LEE A CLOUSE
lFiisr,Middle,LasU
late of LOWER M/FFL/N TOWNSH/P, CUMBERLAND County,
who died on the 8th day of April 2015 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. ___, �:�egister of Wills in and
for CUMBERLAND County, in the Commonwealth of Pe�i�lsylvania, hereby
certify that I have this day granted Letters TES7<aMENTARY to:
JEFFREY L CLOUSE and CYNTHIA A GARMAN
who have duly qualified as EXECUTOR(R/Xl
and have agreed to administer the estate acco.r�in� 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 offi ce on the 28th da y of April 20�5.
,- ,( /"L.�
� �,, c� �-�
� � r� eglsrer ills
� J �J r--_ .,� � �,
l,�, ::�: � -- .
L,+ ta... � 1�.. � e uty
t�� '�:'' U.. '�.) ��" ` .
...� .,
r..� �,. . r.
LtJ �+�.� (�y ,� r,�
� E,^- C'V lt� • ,
CQ � � �,�} -h: t:;Y�.t
� W Q.. � ��
� C3 -�..
� �
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
�•U
e� � �:
� � � �:
� � � �,
� �' � � �
;�i � � � �' �
�. =�`' ?�" r; � ;-;� r�" .
.�.� '� cr� P, r,.�
u� .
.;.
. . . . ;�:z, �;:>
' ,._' ,� � .:,,� "�w+'t
'�`, C`?
.,.:� rV 5=- rn
a `� �
F--+ c:n G?
.. Cp '�t
LAST WILL AND TESTAMENT
I, LEE A. CLOUSE of Upper Mifflin Township, Cumberland
County, Pennsylvania, declare this to be my Last Will and
Testament and revoke any Will or Codicil previously made by me.
ITEM I: I direct that all my just debts and funeral expenses,
including my gravemarker and all expenses of my last illness,
shall be paid from my residuary estate as soon as practicable
after my decease as a part of the administration of my estate.
ITEM II: I devise and bequeath all of my estate of every
nature and wherever situate to my wife, PATRICIA A. CLOUSE,
providing she shall survive me by thirty (30) days.
ITEM III: Should my wife, PATRICIA A. CLOUSE, predecease me
or die on or before the thirtieth (30th) day following my death,
I bequeath those articles of my household furniture and
furnishings and those articles of my personal effects and
tangible personal property as set forth in a separate
memorandum, which I shall place with my Will or deposit with my
.(� attorney, to the persons therein designated.
`i �
ITEM IV: Should my wife, PATRICIA A. CLOUSE, predecease me
�� or die on or before the thirtieth (30th) day following my death,
I devise and bequeath all of the assets previously utilized in
my dairy farm operation and/or my interest in the partnership
conducting the dairy farm business, which I own at the time of
my death, as follows:
A. Sixty percent (60�) thereof to my son, JEFFREY L.
CLOUSE;
B. Forty percent (40�) thereof to my daughter,
CYNTHIA A. GARMAN.
It is my desire that my son and daughter will continue the
farming business and that both will be actively involved in that
business. Should my daughter, CYNTHIA, not wish to continue
active involvement in the business and wish to sell her interest
in the assets or partnership or upon her death, her brother,
JEFFREY, shall have the right of first refusal to purchase her
interest in the assets or partnership at its then fair market
value. If JEFFREY exercises his right to purchase, the purchase
price for such farm assets or entity interest shall be payable
upon such terms and at such interest rate and collaterally
secured in such a manner as may be from time to time determined
by my son and daughter to be reasonable, giving due
consideration to such circumstances as the amount of principal,
� the prevailing interest rates in the agricultural business
� community for both borrowing and investing, the state of the
economy in general and in respect to farming in particular, the
ability of my son to pay the price and interest, provided,
however, that such terms should require the payment of a
proportionate part of the price upon the sale by my son of any
2
real estate to any unrelated third party.
ITEM V: Should my wife, PATRICIA A. CLOUSE, predecease me or
die on or before the thirtieth (30th) day following my death, I
devise and bequeath the residue of my estate of every nature and
wherever situate in equal shares, per stirpes, to my children,
JEFFREY L. CLOUSE and CYNTHIA A. GARMAN.
ITEM VI: I appoint his or her parent or guardian, Guardian
of any property which passes outright either under this Will or
otherwise to a minor and with respect to which I am authorized
to appoint a Guardian and have not otherwise specifically done
so, provided that this appointment of a Guardian shall not
supersede the right of any fiduciary in its discretion to
distribute a share where possible to the minor or to another for
the minor's benefit. Such Guardian shall have the power to use
principal as well as income from time to time for the minor's
support and education (including secondary, college education,
both graduate and undergraduate, professional and other
education) without regard to his or her parent's ability to
� provide for such support and education, or to make payment for
� these purposes, without further responsibility to the minor or
to the minor's parent or to any person taking care of the minor.
ITEM VII: I direct that all taxes that may be assessed in
consequence of my death, of whatever nature and by whatever
jurisdiction imposed, shall be paid from my residuary estate as
3
part of the expenses of the administration of my estate.
ITEM VIII: I appoint my wife, PATRICIA A. CLOUSE, Executor
of this my Last Will. Should she fail to qualify or cease to
act as Executor, I appoint my children, JEFFREY L. CLOUSE and
CYNTHIA A. GARMAN, Executors of this my Last Will.
ITEM IX: I direct that my Executor, Guardian or their
successors shall not be required to give bond for the faithful
performance of their duties in any jurisdiction.
ITEM X: In addition to the powers vested in my Executor by
law or by any other provision of this Will, I hereby
specifically authorize my Executor to continue the operation of
any business in which I may be interested or engaged at the time
of my death (regardless of the form or organization of any such
business) , which business or an interest in which shall be
received by my fiduciary. This authorization shall include the
right to change the form of any such business by the
reorganization or incorporation thereof, or the formation of a
general or limited partnership with respect thereto, and shall
� also include the right to invest in any such business including
the right to invest in any business the property of any trust
hereunder for such periods of time and upon such terms and
conditions as my fiduciary shall deem advisable. No fiduciary
shall be liable for any loss resulting from continuing any such
business, but my fiduciary may, in my fiduciary's discretion,
4
sell, liquidate or otherwise discontinue any such business at
such time or upon such terms and conditions as my fiduciary
shall deem advisable.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this
my Last Will and Testament, written on six (6) sheets of paper,
dated this �� day of Wt , 1993 .
.�""7
��. AL)
LEE A. CLOUSE
The preceding instrument, consisting of this and five (5)
other typewritten pages, each identified by the signature or
initials of the Testator, was on the day and date thereof
signed, published and declared by the Testator therein named, as
and for his Last Will, 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.
e.�,a•Q, residing at ,,�i. �g /7as7
— U
� . residing at.,�' �. ��� � �7 z��
�
�
5
. . •
COMMONWEALTH OF PENNSYLVANIA .
. ss.
COUNTY OF CUMBERLAND .
I, LEE A. CLOUSE, the Testator whose name is signed to the
attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; and that I signed it
willingly and as my free and voluntary act for the purposes
therein expressed.
a L)
LEE A. C US
Sworn to or affirmed and acknowledged
before me by LEE A. CLOUSE, the
Testat r, this '�v� day of
J�„/� � 1993• � � NOTARIAL SEAL
�F9AM!ILTON C.DAVIS,Notary Pubiic
N��e th Newbn Twp;,Cumberiand Co..PA
� ��_ � My�;,�mmission Expires SePtember 22,1996
1,
Notary Pu lic
COMMONWEALTH OF PENNSYLVANIA .
. ss.
COUNTY OF CUMBERLAND .
We, 1-or s � . Sa�c��3�,�z�-r� and '��,,�d. .�P� � ,
the witnesses whose names are signed to the atta hed or
foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw the Testator sign
and execute the instrument as his Last Will; that the Testator
signed willingly and executed it as his free and voluntary act
for the purposes therein expressed; that each subscribing
witness in the hearing and sight of the Testator signed the Will
as a witness; and that to the best of our knowledge the Testator
was at the time eighteen (18) or more years of age and of sound
mind and under no constraint or undue influence.
�
d-cQ-- i�.
. ,-
G,' �
..�„�,ti!�, a Q�
Sworn to or affirmed and subscribed to
before me by �o;s �j, S,� //e�, �.����� and
Vp/,p„�/yt. a jf . , witnesses, this
�- day of , 1993 .
� •
NOTARIAL SEaL
otary Pub ic HAtu11LTON C.DAVIS,Norary Public
North New6�n Twp.,Cumberland Co.,pq
6 �ly Comrression Expires September 22,1996