HomeMy WebLinkAbout01-20-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of James W. Clever
also known as
No. 21-- <0~ - ~~ S~
, Deceased
Social Security No.
James'=. Clever, George A. Clever and Bridget A. Pugh
Peti';oner ,), who is/are 18 years of age or older, appl(ies) for:
(COMPLL TE 'A' or 'B' BELOW)
[R] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decr, .lent, dated 10/21/2004 and codicils dated
192-30-0852
Co-Executors
named in the last Will of
State relevant circumstances, e.g., renunciation, death of flxecutor, etc.
Except a~ follows, Decedent did not 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 incompetent:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate)
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:
I Name
Relationship
Residence
1
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 264 Whitmer Road, Shippensburg" Southampton Township
(list street, number, and municipality)
Decedent, then 67
years of age, died 01/08/2006
at
Decedent at death owned properly 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 properly in County
Value of real estate in Pennsylvania
(Location)
$
$
$
$
20,000.00
situated as follows:
Township, Cumberland County, PA
135,000.00
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:
Signature
cV{~ [~
6
James E. Clever
Typed or printed name and residence
. .9 Ivy Lane
I . Shippensburg, PA 17257
George A. Clever
Bridget A. Pugh
264 Whitmer Road
Shippensburg, PA 17257
5 Ivy Lane
Shippensburg, PA 17257
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
-'<-"-
before me this ~~ day of
The Petitioner(s) above-named swear(s) or affirm(s) that 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
Ihe Deoede"'. Pe!;Uo"e,(,) w;U well 'Od troly ,dm'"'''e, Ihe e,"'e '~ G. ~
Sworn to or affirmed and subscribed
James E. Clever
G~~
George A. Clever
~~~~'{ '"
~
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For the Register '~
~,,~ '\<-~,,\. ~-.,<> ~~
, ~~~~
~~
Bridget A. Pugh
f2r-
No.
21-- l\0\;, - \J~ S ~
also known as
James W. Clever
, Deceased
Estate of
Social Security No: 192-30-0852
Date of Death:
01/08/2006
AND NOW,
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, in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [RJ Testamentary 0 of Administration
are hereby granted to James E. Clever, George A. Clever and Bridget A. Pugh, Co-Executors
(c.I.a.; d.b.n.c.l.a.; pendente lite; durante absentia; durante minoritate)
in the above estate and that the instrument(s) dated
10/21/2004
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters........ ...... ............ ............ .... $
Rei ,tJAeiatioo....~.\\.~............... $
\S _
c:;~ ~~~ ~~~'V~~
n -'. Rr""t W, '-=
I,___~ U / l~/~
Attorney: Jerry A. Weigle, ~squire
J... \",\:; .
Short Certificate(s).......;,............ $
""J".
Affidavits ( )...........................$
I.D. No:
01624
Weigle & Associates, P.C.
126 East King Street
Extra Pages ( )......................$
Address:
Codicil............................ ........ ...... $
Shippensburg, PA 17257
JCP Fee.......................................$
\~,
Telephone2 717/532-7388
Inventory. ....................... ........ ...... $
E-Mail:
Other........~~.~~\~........$
s.
!"
.; ..
TOTAL................... ......... $
"2,~~ .~'J
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
LAST WILLAND TESTAMENT
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I, James W. Clever, presently residing at 264 Whitmer Road, Shippensburg,
Southampton Township, Cumberland County, Pennsylvania 17257, being of sound mind, memory
and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby
revoking and making void all wills by me at any time heretofore made.
FIRST. I order and direct the payment of all my legally enforceable debts and
funeral expenses as soon as may be convenient after my decease.
SECOND. I devise, devise and bequeath a more or less triangular tract of real estate,
which is yet to be subdivided and containing approximately three (3) acres more or less to my son,
George A. Clever, absolutely. Said real estate is a part of my real estate more fully described in
Cumberland County Deed Book J, Volume 22 at Page 423 and is bounded on one side by
Whitmer Road, on another by Sumac Lane, and on another side by a stream. Any and all
subdivision costs shall be borne by my estate. Any and all death taxes attributable to this bequest
shall be borne by the said George A. Clever.
THIRD. I give, devise and bequeath a certain tract of real estate, consIstmg of
approximately 1-1/4 acres, along Township Route Number 314 known as 294 Whitmer Road,
Shippensburg, Southampton Township, Cumberland County, Pennsylvania (Lot #3 as per a
subdivision plan recorded in Cumberland County Plan Book 32 at Page 24), to my daughter,
Tammy S. Ackerman, absolutely. Any and all death taxes attributable to this bequest shall be
borne by the said Tammy Sue Ackerman.
FOURTH. I give, devise, and bequeath all of the rest, residue and remainder of my
estate, real, personal and mixed, whatsoever and wheresoever situate, to my children, as follows:
A. 2/7 of my estate to my daughter, Stacy M. Rossi, on a per stirpes
distribution basis;
B. 1/7 of my estate to my son, James E. Clever, on a per stirpes distribution
basis;
C. 1/7 of my estate to my daughter, Bridget A. Pugh, on a per stirpes
distribution basis;
D. 1/7 of my estate to my son, George A. Clever, on a per stirpes distribution
basis;
E. 1/7 of my estate to my daughter, Tammy S. Ackerman, on a per stirpes
distribution basis;
F. 1/7 of my estate to my son, George A. Clever, IN TRUST, for the benefit
~::;~h~o~~l::::; :~~~ev~~ who z~~~ntl~e;~ted in State prison
. kWd, A.t4~(SEAL)
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WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17;~57-1397
1. The power and obligation to expend the income towards the health,
support and maintenance of the said beneficiary;
2. The power and obligation to expend the principal, within the
discretion of the said Trustee, if the income is insufficient, towards
the health, support and maintenance of the said beneficiary;
3. The power to sell any and all real estate, within the discretion of the
said Trustee;
4. The power and obligation to distribute the balance of principal and
interest, if any remaining, if and when the said beneficiary is
released from prison, without the necessity of a formal adjudication
of the Trustee's Account in the Court of Common Pleas of
Cumberland County, upon the receipt of a good and valid release.
Should the said Jeffrey W. Clever die while in prison, any remainder
of principal and interest shall be distributed to my son, George A.
Clever, absolutely;
5. The principal of the Trust and the income therefrom shall be free
from the debts, liabilities, and engagements of those beneficially
interested therein, and shall not be subject to assignment by him or
her, nor to attachment or execution under any legal, equitable or
other process for the enforcement of judgments or claims of any sort
against them, either individually or collectively; and
6. In the event the above-mentioned person is unable to accept the
position of Trustee, I then name, constitute and appoint James E.
Clever, as Trustee, with the same powers and obligations
hereinbefore stated.
G. I have specifically omitted any bequests to the family of my deceased son,
Kevin W. Clever, under this my Last Will & Testament, as I have otherwise
provided for the said Kevin W. Clever during his lifetime.
FIFTH. I nominate, constitute and appoint my children, James E. Clever, presently
residing at 9 Ivy Lane, Shippensburg, Pennsylvania 17257; George A. Clever, presently residing
at 264 Whitmer Road, Shippensburg, Pennsylvania 17257; and Bridget A. Pugh, presently
residing at 5 Ivy Lane, Shippensburg, Pennsylvania 17257, or the survivor thereof, to be the Co-
Executors of this my Last Will and Testament. I~_/-.
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WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17<~57-1397
SIXTH. I direct that my personal representative(s) shall not be required to give bond
for the faithful performance oftheir duties in any jurisdiction.
SEVENTH. Unless otherwise stated in this my Last Will and Testament, I hereby direct
that all federal, state and other death taxes payable because of my death, with respect to the
property forming my gross estate for tax purposes, whether or not passing under this Will,
including any interest or penalty imposed in connection with such taxes, shall be considered a part
of the expense of administration of my estate and that such be paid out of the rest and residue of
my estate.
EIGHTH. I direct my Executor to retain the services of Jerry A. Weigle, Esquire, with
offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, with respect to the
settlement of my estate due to his familiarity with my affairs.
IN WITNESS WHEREOF, I, James W. Clever, have hereunto set my hand and seal to this
my Last Will and Testamenjt written on Three (3) J)ages, the first two (2) pages signed for
identification only, this:2 day of 0(' to /:; r'r ,2004.
(SEAL)
WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17,~S7-1397
This instrument was by the Testator, on the date hereof, signed, published and declared by him to
be his Last Will and Testament, in our presence, who at his request and in the presence of each
other, we believing him to be of sound and disposing mind and memory, have hereunto subscribed
our names as witnesses.
Jaiu;,^- It T vrq Q
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
I, James W. Clever, the person whose name is signed to the foregoing instrument, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the instrument
as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
i".---- ~._.-
LA' .
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Sworn or affirmed to and acknowledged before
me J:Y !~es W. Clev Testator,
this ~ day of .
u
)
NO tAL SEAL
Jerry A W Jle, Notary Public
Shippensburg, PA Cumberlalld County
M Commission E:q:m8s October 7, 2006
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WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17<~57-1397
~.
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
We, 7tf-{-fG~ C( A L, 70me ~ "1/111'., c. /} !fey
and ~o()K~ L, \-le...r\ , the witnesses whose names are signed to the
foregoing instrument, being duly qualified according to law, do depose and say that we were
present and saw James W. Clever, the Testator, sign and execute the instrument as his Last Will;
that he signed willingly and that he executed it as his free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testator, signed the will as
witnesses; 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.
JJ~6.wA- I< I mtP
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Sworn or affirmed to and subscribed before me
by?ft+~(ciA
o
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I-Jf' ' I
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and ~,("y)~e L '_ We. IT"
wit sses, this <1~ay of '
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NOT/\ AL SEAL
Jerry A. Weigl", t>.i::Jtary Public
Shippensburg, P;,. ~~I_Jnt)3rlalld CounLY'r.
My Commi~sion_~:'::'lJ:!';~; qGlO~_er 7, 2000
WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 1725,7-1397