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Home My WebLink About08-30-05 Estate of JOHN D. PAYTON PETITION FOR GRANT OF LETTERS ~1-05-11), No. also known as , Deceased Social Security No..21,s-3't -'+1'70 NANCY J. PAYTON, Petilloner(s), who islare 18 years of age or order, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) GJ A. Probate and Grant of Lelters and aver that Petitioner(s) is/are the execut OR Decedent, dated 11/27/2000 and codicil(s) dated 7/25/2005 named in the Last Will of the State relevant circumstances. e.g., renunciation. death of executor. ete Except as fallows. Decedent did riot 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 Lelters of Administration (c.la., d.b.n.c.ta.: pendente lite. durante absentia; durante minoritate) Petitioner(s) after a proper search haslhave ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County. Pennsylvania. with his/her last family or principal residence at 906 BONNY LANE, MECHANICSBURG. UPPER ALLEN TOWNSHIP. CUMBERLAND COUNTY. PA (list street, number and municipality) Decedent, then 67 years of age. died AUGUST 15 . 2005 . at 906 BONNY LANE, MECHANICSBURG. PA (Location) Decedent at death owned property with estimated values as follows: {if domiciled in PAl All personal property ......................................... $ (if not domiciled in PAl Personal property in Pennsylvania .................... $ (If not domiciled in PAl Personal property in County .............................. $ Value of real estate in Pennsylvania ..........................................................n............................ $ Total..............................................................................."........""."..................... $ 5.000.00 5.000.00 Real Estate situated as follows: 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 undersigned: Typed or printed name and residence NANCY J. PAYTON 906 BONNY LANE MECHANICSBURG PA 17055 RW-7 II 105.805 REV Ij(l~ This 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 certificate, $6.00 :L~fP.I-,~ ' 0.ca1 Re.' . .,- W l. . """'''''N',,,~~,..;,. ",,"~\<\.1H OF PEl:---, l:!f!~..,." ~'\ I~ .: ~~ t~~' ".if. ,.' ,~! i c..-'. --.~J. '. j:b.l \*" " " ','-~ *! \~ ' ,~-~, - ~i' '\.~ ,- ~\\\ '. .'.?IAfENT U\ ~~"l """''',,,,,"IIIIII,j P U833504_ No. AUG 15 2005 ....., QDate 25' '70 ~ .~o :-'~ 'J c~ G) a ,-~ "'';1 :-:-', '.:J ..,.. o 11105.143_.21&1 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH "...... . ............ """'.. ""Tl!nt:_" socw. SEClJRlTY N\JMBEA. 3. 215- 34 - 4116 _Of OECEDENT(l=hc.MIddlo.l.ao&\ L John D. .AGfl\Ml~' s. 61 Yrll. COUNTY OF~"" "" z. Male IlATEOf~""(IIblII.~Voow1 ... August 15. 2005 SIRnll'\..ACE{ClIy_ Sf.lt.otF....,IgjI~) ~ -0 -J'l\ ::::"'0 .- - - o ! ~ . ... Cumberland DECEDEHT'SlJSUIJ..OCCUP"'TIOH l....:::.;:.~~ - 11... Lt. US Navy S I'<<; $SISlrMI. 906 Bonny Lane 11. l1echan1csburg. PA 17055 11b- ~ FIl.1'KEfrSI'4./IMEll'nl._......, 11, Dewey Payton lHF J<W.IE(T ) -. Mrs. Nan.cy j. Payton . '" .0000000000D e..toIlfD~l:J:t-.-......~D . l'L 0Ih0r{~ 0 Z1t,. Au . 18 IlIQNA OF #CTlMGI>J!.SIJOl PA 17003 ... 'White """"""""""" (1-....--> .. - Cllmb@Thnd ~ 17d.D :';"""::..,,",\:,,, WOTIER'SN#MEIPnt.~.IolIiI:Ion~' It. Mary Woodrow Rector I,*ORMA.HT"8~ADORUa{sn.t.CIIy(I"_ Slata.ZIpCodeJ ~ 906 Bonny-Lane, Mechanlcsburg, FA 17055 PV.CEOFOlIlPOSlTlOli--""'c-.y,~ Loco.TIOIt-CIl)tT-..St8Ill,ZIpCocl. .""".... J't.ITXi1ant ton&lCe!ret HoWE NfO AlXlftESa 01' FAClUT'I' ~.IIIl:..3OO'.ChesttlJtSt..D:L1lsbJ ''''''''''''''''' 2005 Z111, Annville (Manth.~.V.-) "" ". WASc.o.seAEFEMfOTl:lAMEOlCIl.l~/CCIftONEIl? . y-o ,.,. :~ ,..fJtTl:oao..r~""""'-""""ID""'b&.t :=-__ 1'lQt-...."'.....~_~loIl"ARTt. : Z","" -....- f..,..........~ ._~\lMOblLYING . . ~..=::~ -....""....)lAST WAlNlI\lJTOPSY WEI'lEAlJtOlTfFlHDlHGS ~ "'V~~1O COMPLST1OHOFCAust: "'''''''''' E M. ~ ~OFOEJlf}i c,t.'Tf.OF~ _,,",.~-t o o ~O~O o ~eOfIUUR'Y."""-'-.~-.~.~ 300=. --- ", ""'''''''''''' I>U1RY"'TWORM:1 DUCRlllEffOWIN.AJRYOCCIJRRED. .er o o ,- -- ..... -. .......,- Coo*nolbe_ V"OHDE:f '.0 ~o ~ ~ 3 . o ! ... - CERT1FIiR~""'_1 ~~~:ll::"'~:r=r"=-:'':':'~_~.~.~.~~.~~.l......,..........[g Jt "'1lONOUNCI"G""'OCI!ItT1F"IlJtO"'"'SICWt,,,,,",,,,,*,_~_.,,_~...-...,,,_) I. T....a...tlll".,-.......,""-"____.tl__pl_..............--.(.I__....-......... ............ 031 314. -ZA : ~~~~.~~.~.~.~~.~.~.~.~.~.~.~:.~.~.~.~.~.~.~~~.~.o =~~...:~~wr~/~L _0 11,1L. 31 U'~ Tr ,./ .. ..........AA''''' ~r1,~OI~ :'" '-'''''-' /<9;;; 000- ". ---n --, '') --.-J . CO) r-;I J'....J ~ r) >~1 >~ r-n .--) . ~.1 .,. --- ,PA 11019 , 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 \0 the best of the knowledge and belief of Petitioner(s) and that as personal representative(~f the Decedent, Petitioner(s) will well and truly administer the estate ording to la . . S:2n ~ ,'-R ..-~.: ;;~ ,) ~3 -'(:J i r-n '}CJ ~:~: 0 --: '" ~ :~,", c"J :-rl , '");:_~ Sworn to and affirmed and subscribed 3D OLOO 5. before me this day of w c::> .-\ :;::r.. - ;','J ---;:..-:., 23 .j:"" o Estate of JOHN D. PAYTON DECREE OF REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA No. B I - 05/ 11 :2- Deceased Social Security No: .;2/5- .3 '1- 4-/76 Date of Death: 8/15/2005 AND NOW, AJ..q~ I \JD 2005 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters llSI Testamentary 0 of Administration also known as {c.la., (I.b.n.e.\.; pendente lite; durante absentia; durante mlnoritate) are hereby granted to NANCY J. PAYTON in the above estate and that the instrument(s), if any, dated NOVEMBER 27,2000 and JULY 25,2005 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... $ $ $ $ $ $ $ Inventory & Tax Forms............. $ $ Short Certificate(s) ............... Renunciation .......................... )....................... Extra Pages ( ).............. Codicilf..!'!P..W.!!,!,.,.......... .... Affidavit ( JCP Fee ................................. Other .A\n.(.:!.f'~1AI!Q!'!............. TOTAL.............................$ RW-7A 30.00 Register 0 Wills fl~ Yi-11?7!!r 12.00 30.00 10.00 Attorney: DAVID R. GETZ, ESQUIRE 1.0. No: 34838 Address: WIX, WENGER & WEIDNER/P.O. BOX 845 HARRISBURG PA 17108-0845 Telephone: (717) 234-4182 DATE FILEO: AUGUST ,2005 5.00 87.00 o 12272-OOOOII,II.22.00/,EGMlKL T/141017.1 11lust mill unll mrstumrnt OF JOHN D. PAYTON I, JOHN D. PAYTON, of Upper Allen Township, 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 or Codicils at any time heretofore made by me. ARTICLE I DEBTS '! -CJ J , "" r::;, C-J c...:, ::= ,~-) '1 r_,) C~~'I -,,-- I direct the payment of all my legal debts, and the expenses of my last illness and fi!I!eral from my Estate as soon after my death as conveniently may be done. C) ARTICLE II TANGIBLE PERSONAL PROPERTY I give and bequeath my motor vehicle(s), household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my wife, NANCY J. PAYTON, provided she survives me. ARTICLE III REST, RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue, and remainder of my Estate, of whatsoever nature and wheresoever situate unto my wife, NANCY J. PAYTON. Should my wife, NANCY J. PAYTON, predecease me, I give, devise and bequeath all the rest, residue and remainder of my estate as follows: :"J DI.1 'le") o ::'.:J <::J ; iTl . '=:J C") --,1 - -" .. :-3 rn , ---~) .. 012272-0000111 1.22.00I.EGM/KLT/141017. I A. FIVE (5%) PERCENT thereof unto my daughter, CAROL D. NEUMANN, Virginia Beach, Virginia, or her then-living issue per stirpes should she predecease me. In the event she predeceases me and is survived by no issue, I direct that her share shall be distributed equally among the beneficiaries described in Paragraph B; and B. NINETY FIVE (95%) PERCENT thereof in equal shares unto the following: I. SAMARITAN'S PURSE, Boone, North Carolina; 2. HIS MANSION MINISTRIES, Hillsboro, New Hampshire; and 3. COUNTRY AND TOWN BAPTIST CHURCH, 1822 South Market Street, Mechanicsburg, Pennsylvania. ARTICLE IV UNIFORM TRANSFERS TO MINORS ACT In the event that any beneficiary of my Will shall not have reached the age of twenty-one (21) years at the time for distribution of his or her share, distribution of said share may be made in the discretion of my Personal Representative after considering the age and needs ofthe beneficiary, either directly to the beneficiary or to a Custodian under the Pennsylvania Uniform Transfers to Minors Act, 20 Pa. C.S.A ~ 5301 et seq., or the applicable Uniform Gifts to Minors Act or Uniform Transfers to Minors Act in the state of residence of such beneficiary as the case may be. My Personal Representative may designate as such Custodian any institution or person, including my Personal Representative, qualified to act as a Custodian for such beneficiary under such Act in effect at the time such distribution is made. A receipt for any payment or distribution so made shall be a full discharge therefor to my Personal Representative, who shall not be responsible to see to, or be liable for, the application of such proceeds thereafter. o 1 2272-00001l11.22.00I.EGMlKLT/141017.1 ARTICLE V TAX PAYMENT CLAUSE I direct that all estate, inheritance, transfer and other taxes of similar nature payable by reason of my death, together with any interest or penalties thereon, and imposed with respect to any property, whether or not disposed by this Will, shall be paid out of the residue of my Estate. 1 further direct that any and all such taxes shall be paid from and be deducted from my residuary estate prior to the calculation of the shares of the residuary beneficiaries, so that each residuary beneficiary, charitable or not, shall bear a portion ofthe burden of such taxes. ARTICLE VI APPOINTMENT OF PERSONAL REPRESENTATIVE I name, constitute and appoint my wife, NANCY J, PAYTON, Executrix of this my Last Will and Testament. Should my wife, NANCY J. PAYTON, fail to qualify or cease to so act, I name, constitute and appoint my friend, JOHN DiGIUSEPPE, Harrisburg, Pennsylvania, alternate Executor to complete the administration of my Estate. Should JOHN DiGIUSEPPE also fail to qualify or cease to so act, I name, constitute and appoint PNC BANK, N.A., alternate Executor to complete the administration of my estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this "2 76day of ;J ~ ,2000. ~X JO D. PAYTON (SEAL) o 12272-OOOO1l11.22.00IEGMIKL T/1410 17.1 Signed, sealed, published and declared by the above-named Testator, 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 hereunto subscribed our names as witnesses. ~- ~. de:? . ~ AFFIDAVIT AND ACKNOWLEDGMENT COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND We, JOHN D. PAYTON, _t- ~\\n C"~ k \, &",,,-> and .J\ k\ C' \">nt""\ S \'0<;""'-.\ c-h ~ ' the Testator and the witnesses, respectively, whose names are signed to the attached or regoing 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 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 hislher knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. c2..jf!:~/[\ ~~~ Witness ~- 'r} e. ....~ Witness . 012272-00001/fl.27.00/EGMIKL T/141052.1 Subscribed, sworn to and acknowledged before me by JOHN D. PAYTON, Testator, and subscribed and sworn to before me by to- r\m lr->c\ C""'U, ;rl:"-, and )J\~Od j' CC'I"-.."-.ic-\\ <<,witnesses, this 2,lcbdayof ~\c",..--.M---.f"..,2000. ~.~n,"-\" ~.~'l..D"0 Notary Public '""":,,i.RIAl SEAl . "".h':lLE M.BROSS,NoIaIyPublic IlllffiOyne Boroogh Cumberland Co. My Cllll1llllssion.~_ Sept. 23, 2002 NOTARIAL SEAL MICtfEU.E M. BROSS, Notary Public Lemoyne Boroogh ClnberI8nd Co My Conmlssion Expires Sep!. 23. 2002 CODICIL TO THE LAST WILL AND TESTAMENT OF JOHN D. PAYTON I, John D. Payton, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this Codicil to my Last Will and Testament dated November 27,2000 (hereinafter my "Will"). ARTICLE III of my Will is hereby amended and restated in its entirety as follows: c:) . -) ARTICLE III ~ -', '.:-:; REST, RESIDUE AND REMAINDER ~.~> ~'- " I give, devise and bequeath all the rest, residue, and remainder of m~ Estate, of whatsoever nature and wheresoever situate unto my wife, NANCY J. PAYTON. Should my wife, NANCY J. PAYTON, predecease me,l give, devise and bequeath all the rest, residue and remainder of my estate as follows: -<=- A. FIVE (5%) PERCENT thereof unto my daughter, CAROL D. NEUMANN, of Jacksonville, Florida, or her then-living issue per stirpes should she predecease me. In the event she predeceases me and is survived by no issue, I direct that her share shall be distributed equally among the beneficiaries described in Paragraph C; B. FIFTEEN (15%) PERCENT to my wife's cousin, ELIZABETH WYLIE RADAKOVICH of Colorado Springs, Colorado, or her then-living issue per stirpes should she predecease me. In the event she predeceases me and is survived by no issue, I direct that her share shall be distributed equally among the beneficiaries described in Paragraph C; and C. EIGHTY (80%) PERCENT thereof in equal shares unto the following: 1. SAMARITAN'S PURSE, Boone, North Carolina; 2. HIS MANSION MINISTRIES, Hillsboro, New Hampshire; and 3. MONAGHAN PRESBYTERIAN CHURCH, Dillsburg, Pennsylvania, for the specific use in the building fund. Page 1 of 5 It is my intention that the bequests set forth in Article III.C shall qualify for charitable deductions under the Internal Revenue Code of 1986, as the same may be amended or modified from time to time. ARTICLE VI of my Will is hereby amended and restated in its entirety as follows: I name, constitute and appoint my wife, NANCY J. PAYTON, Executrix of this my Last Will and Testament. Should my wife, NANCY J. PAYTON, fail to qualify or cease to so act, I name, constitute and appoint my friend, ROY ANDREWS of Mechanicsburg, Pennsylvania, alternate Executor to complete the administration of my estate. Should ROY ANDREWS also fail to qualify or cease to so act, I name, constitute and appoint PNC BANK, N.A., alternate Executor to complete the administration of my estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. In all other respects, my Will shall continue and remain in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and seal to this Codicil to my Will, consisting of four pages, this 25th day of July, 2005. .~ j:~'V ~ , 1'~C4A , John D. Paytorv' Page 2 of 5 SIGNED, SEALED, PUBLISHED AND DECLARED by the above- named Testator, John D. Payton, as and for a Codicil to his Will, in the presence of us, who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. ~Jr~9- 1lame J4q~~d ~J&;#t!'Jl&fI-Hfft1 Name cftc A-f~7 --'D~w_ Address /1J1t'?Ic~-,(!/,b~J L+ l/jo5?; ~q tUJhwYJ <4b~ {)v.r. Address t:/l/Ylf J {I, fll OOf( 311 na!~ Address ~~ ffiJ /7/# Page 3 of 5 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF DAUPHIN I, John D. Payton, 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 a Codicil to my Last Will and Testament; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by John D. Payton, this 25th day of July, 2005. ~L-- ~ n D. Payton, T stator (" , , ~ . " '--.. \'L ~\rj(\, (y\. 00~ NOt Public My Commission Expires: NOTARIAL SEAL Lisa M Sites, NotarY Public City of Harrisburg, Daupbin County My commission expire. Apn128. 2009 Page 4 of 5 COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF DAUPHIN fl.. w.e"~'-ut:, T2 . bet L , ()er\\~ \?>ul-\v.u~l9n ,and -t./2.!fa lJfA)(f/tl~4!!/11. , the witnesses whose names are signed to the attached or for~going nstrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as a Codicil to 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 Codicil as a witness; and that to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. 'J . . Swom to or affir~ed and subscribed to before $ by Rr~' ,.hJ. \<. c., et2- ,t"x'~IU' ~ lv.tho rNllYl ,and fYa If/! -q-, this 25m day of July, 2005. bJ 7? ~. Witness ' 1 #JwptU/L W ess ~a IkIJip~/}ftJ#J Witness I' , , \ <:::: .~ ~~~~i~ \)'1. .~LU.-1 My Commission Expires: NOTARIAL SEAL Li... M Sites, NoI8ry Public City of Horriaburg, Dauphin Ccunty My commission expires April 28, 2009 F:ldbwlWiIIslPaytonlJohn D. . Codicil.doc Page 5 of 5