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Home My WebLink About04-05-06 INRE: ESTATE OF RONALD L. WEAVER, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : No: Ol!J-030Y PETITION FOR LEAVE TO ISSUE LETTERS TESTAMENTARY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Mary Jane Weaver-Blazer by her attorneys, Snelbaker & Brenneman, P.C., and respectfully represents as follows: 1. Your Petitioner is Mary Jane Weaver-Blazer, formerly Mary Jane Weaver, who resides at 4600 Creekview Road, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania, 17050. I 2. The Decedent is Ronald L. Weaver who died domiciled in East Pennsboro Township (Holy Spirit Hospital) in Cumberland County, Pennsylvania, on July 22, 1984 at the age of 46 years. His last family residence was 4600 Creekview Road, Mechanicsburg (Hampden I Township), Cumberland County, Pennsylvania. 3. Decedent was married to Petitioner and they resided together at the time of Decedent's death. Petitioner subsequently intermarried with Ronald Blazer, thus occasioning the designation of her surname as "Weaver-Blazer". 4. Decedent died testate, leaving a Last Will and Testament, a true copy thereof LAW OFFICES SNELBAKER & BRENNEMAN. P.C. being attached hereto and incorporated herein by reference thereto. S ';! : '-' \..--- 5. Petitioner is the sole beneficiary under Item Second of said Last Will and Testament, having survived by more than sixty days. 6. The Decedent's Will is not modified by any of the circumstances delineated in 20 Pa. C.S. ~ 2507, none of said circumstances having occurred. 7. The value of Decedent's estate consists only of an undivided one-fourth interest as tenant in common in a hunting camp located in Brady Township, Huntingdon County, Pennsylvania, having an estimated value at date of death of $2,000.00. All other assets in which Decedent had an interest were owned with Petitioner as tenants by the entireties and, therefore, passed by operation of law to Petitioner. 80 Petitioner is the Executrix nominated and appointed by Decedent's Last Will and Testamento 9. This Petition is made pursuant to 20 Pao CoSo ~ 3152 since the Decedent died more than twenty-one (21) years prior to the time of probate of the Will and issuance of Letters Testamentary. 100 The delay in such probate was Petitioner's erroneous belief that the Decedent's interest in the real estate mentioned in paragraph 7 passed automatically to her upon Decedent's death and the recently discovered need to properly vest title in Petitioner via Letters Testamentary and administration of Decedent's estate. WHEREFORE, Petitioner respectfully requests your Honorable Court to authorize the Register of Wills of Cumberland County, Pennsylvania, to accept Decedent's Will for probate LAW OFFICES SNELBAKER & BRENNEMAN. P.C. 2 LAW OFFICES SNELBAKER & BRENNEMAN, P.c. and to issue Letter Testamentary to Petitioner upon compliance with probate procedure and payment of the requisite fees and costs. SNELBAKER & BRENNEMAN, p.e. By R char e. Snelbaker, Esquire Snelbaker & Brenneman, p.e. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Petitioner 3 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I, Mary Jane Weaver-Blazer, do hereby verify and certify that the facts set forth in the foregoing Petition for Leave to Issue Letters Testamentary are true and correct, I understand that any false statements made herein are subject to the penalties of 18 PA C.S. S4904 relating to unsworn falsitication to authorities. Dated: April 4, 2006 '.,,~ \ '"'\- ~.,.- " \~ . ''''''''.\ ,..... ';,." " c \ \ AW OFFICES NELBAKER, '~EB a ELICKER LAST WILL AND TESTAMENT I, RONALD L. WEAVER, of the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my Executor or Executrix, as the case may be, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give, devise and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situated unto my wife, MARY JANE WEAVER, absolutely and in fee simple, if she survives me by as many as sixty (60) days. THIRD. If my wife, MARY JANE y.lEAVER, does not survive me by as many as sixty (60) days, then and in that event, I give, devise and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and where- soever situated, in equal shares unto my four (4) children, namely, RONALD L. WEAVER, JR., SHARON R. ENGLE, DAVID J. WEAVER and CONNIE A. WEAVER, share and share alike, absolutely and in fee simple. If any of my said children should predecease me and leave lawful issue to survive me, I order and direct that the share of any such deceased child shall be distributed unto his or her lawful issue per stirpes by representation and not per capita, subject, however, to the protective provisions "',>.i '\ ,\+ -, \, '-"" ..-. "\ , '''-~~l LAW OFFICES SNELBAKER. cCALEEl 8c ELICKER of Item Fourth hereinbelow. FOURTH. I order and direct that the distributive share of any beneficiary pursuant to Item Third hereinabove 'Vlho has not attained the age of twenty-two (22) years at the time for dis- tribution thereof shall be distributed and paid over unto COMMONWEALTH NATIONAL BANK of Harrisburg, Pennsylvania, as my testamentary trustee, IN TRUST, NEVERTHELESS, to hold, manage, invest and reinvest for the use and benefit of said beneficiary until he or she attains the age of twenty-two (22) years at which time the trust shall be terminated and the then remaining net balance thereof, if any, shall be distributed unto said beneficiary, absolutely. During the existence of said trust, I authorize and empower said Trustee to use, expend and apply from time to time such amounts of income from and principal of said trust as said Trustee shall deem to be necessary and proper for said beneficiary's support, maintenance and education ("education" to include post-high school education which may be a college education or vocational training or other education leading toward an improved adulthood). LASTLY. I nominate, constitute and appoint my wife, MARY JANE WEAVER, to be the Executrix of this, my Last Will and Testament, but if for any reason she should fail to qualify as such Executrix or cease so to serve, then and in that event, I nominate, constitute and appoint my son, namely, RONALD L. WEAVER, JR., to be the Executor hereof. If both of the above named persons should fail to qualify as my personal representa- tive hereunder or cease so to serve, then and in that ultimate event, I nominate, constitute and appoint my daughter, namely, SHARON R. ENGLE, to be the Executrix of this, my Last VIiII and Testament. I order and direct that each and all of the above named persons shall not be required to post bond or other security as a condition of qualification as my personal repre- sentative hereunder. IN WITNESS WHEREOF, I, RONALD L. WEAVER, have hereunto set my hand and seal to this, my Last Will and Testament which consists of three (3) typewritten pages to each of which I have affixed my signature this /3 -f-J-.... day ofJ;rf2,t:"'i'J~A.D., One Thousand Nine Hundred Eighty-two (1982). .-(- ) / .?:-"" /, i i // ,///{/' , ",~ ,/ /, ".' ,'<~ \ /.____I....I\/1...."L..,e: ,\-./ ,""_ ,..A;;"(;/ -<-t.."._~"-"'" ~ ( SEAL) The preceding instrument, consisting of this and two (2) other typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by RONALD L. WEAVER, the Testator therein named, as and fOL 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 subscribed our names as wi,t"n", e,',';~, ' e1:, 'i~~. ,/' .cJ ..J"'/ :/ir't /' l . .' ;' __I'~../.<:'-l~':~ //.:x1~<-;t:,c;d,dZAf.?-V/ (j'Cl~^ ~ )1\ ~~-^O LAW OFFICES SNELBAKER, CCALEB Be ELICKER LAW OFFICES SNELBAKER. McCALEB 8: ELICKER COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, RONALD L. WEAVER, RICHARD C. SNELBAKER and JANET M. FORR' the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing 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 Testament 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 his or her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. /" ) /{/// _ i? "I-,'r,~"i' j J'/,. 1 / '> Lr1:;y.~? 1~~__/::i;.. ,/ I A /- ('.,' /," / l~e~~tor / ,....,.'/>~r l~l/~r.}~h ,., j.".., /1 ~,~.z.ad:Lc(...{' ._,L~(4~' (/ \ "" .._~ vIi tness ~ ' _.p / L A.ry. o~- )rv\ - ,,:.j ~^--~ )~ Witness Y i..-'f!_..,,,,,,,",,,,,c<,,,,",,,,,,--~_P""'- I I Subscribed, sworn to and acknowledged before me by RONALD L. WEAVER, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANET M. FORRY, witnesses, this /03-1-111 day of ,? / . '/ '/;>d, P ~J!- _e-l1'-f~ , 1982. ~~,~~~ %~ ('~~~ . Notar1 Publlc 7" .II b:1~l ,.;~ HH :.f ..,."n"',~t'~ l> I il';(.":~(;ll'1o(",,," !,!"",,-",.. n"!'.<.'''''<' \:\. ~"':,,:...., , "fHI~n' WE"l,.lf~I~H;s:mHG ~Ul1(', v' 'i~ :~~~,~~o It ~:(~:;~;~~ ,:~;;J;:;~~;,,,\. ') i< ;jtN Ij In': i~ f,