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IN RE: ESTATE OF
ANDREW McELWAIN,
late of West Pennsboro Township, :
Cumberland County, PA
deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Orphan's Court Division
NO.9:L72 2CN -!3Q- -h.X")~{I'f q-nJ-
PETITION TO AUTHORIZE THE REGISTER OF WILLS TO GRANT LETTERS
TESTAMENTARY AFTER TWENTY-ONE YEARS FROM DECEDENT'S DEATH
PURSUANT TO 20 PA. CONS. STAT. ~ 3152
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of Elizabeth L. McElwain respectfully represents that:
1. Petitioner is Elizabeth L. McElwain, an adult individual residing at 9 Carlisle Road,
Newville, West Pennsboro Township, Cumberland County, Pennsylvania 17241.
2. Andrew McElwain ("Decedent") died on December 9, 1960, a resident of, and domiciled
in Cumberland County, Pennsylvania.
3. Decedent died intestate.
4. Decedent was survived by the following heirs:
NAME
RELA TIONSHIP
ADDRESS
Mary Jane Clark
Daughter
2630 Oak Crest Avenue
Austin, TX 78704
M. Elizabeth Fuller
Daughter
Deceased
G.E. McElwain
Son
Deceased
John E. McElwain
Son
Deceased
Sharp M. McElwain
Son
513 Rotteck Street
Baden, PA 1500$;
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Kitty C. Talley
Daughter
Deceased
(J"1
Virginia McElwain
Daughter
Deceased
Jay McElwain
Son
Deceased
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
.,.
5. On December 16, 1960, Letters of Administration were issued to G. E. McElwain to the
above-referenced file number.
6. G.E. McElwain died on June 17, 1998.
7. Petitioner is the widow of the said G .E. McElwain.
8. Petitioner has served as agent for the heirs of the Andrew McElwain Estate for various
transactions since the date of death of G. E. McElwain, by virtue of a Power of Attorney
dated September 28, 1998.
9. The following assets remain titled in the estate:
A. Tract of real estate situate in West Pennsboro Township, Cumberland
County, Pennsylvania containing 0.660 acres and designated as tax parcel # 46-20-
1756-047, being assessed at $5000.00;
B. PNC Checking account #000031400062644, with approximate balance of
$6215.79; and
C. Adams County National Bank checking account #1595571 In the
approximate amount of$3625.40.
10. Petitioner has filed, simultaneously herewith, Renunciations signed by Mary Jane Clark
and Sharp M. McElwain.
11. Said Renunciations request that Petitioner be named as Administrator d.b.n.
WHEREFORE, Petitioner requests that the Register of Wills of Cumberland County,
Pennsylvania, be authorized to grant Letters of Administration d.b.n. upon the Estate of Andrew
McElwain, Deceased, to the person entitled thereto.
WEIGLE & ASSOCIATES, P.C.
BY:
'I Jr, ),
'--/..... ./ ,~>.-l.....//~ .'
Richard L. Webber, Jr.
Attorney for Petitioner
126 East King Street
Shippensburg, PA 17257
(717) 532-7388
(717) 532-5289 FAX
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WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
VERIFICATION
I verify that the statements made in the foregoing PETITION TO AUTHORIZE THE
REGISTER OF WILLS TO GRANT LETTERS TESTAMENTARY AFTER TWENTY-ONE
YEARS FROM DECEDENT'S DEATH PURSUANT TO 20 PA. CONS. STAT. S 3152 are true
and correct to the best of my knowledge, information and belief. This verification is being made
as Petitioner is not available and time is of the essence. Counsel will substitute a verification of
Petitioner as soon as it becomes available. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities.
Dated:
t--f ( '7( 0 -6
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Richard L. Webber, ir.
Attorney for Petitioner
~
WEIGLE & ASSOCIATES, P.c. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA '17257-1397
.
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
, Deceased
No. 9772
Social Security No. /9 ) - )~-?$~
Estate of Andrew McElwain
also known as
Elizabeth L McElwain
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated and codicils dated
named in the last Will of
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as 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:
[!) B. Grant of Letters of A:lministration d.b.n.
(c.t.a; d.b.n.c.ta; 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 I
See attached schedule ~
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(COMPLETE IN ALL CASES:) Atach additional sheets If necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 9 Carlisle Road, Newville, PA 17241, West Pennsboro Township
(list street, number, and municipality)
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Decedent. then
77
years of age, died
12/09/1960
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at 9 Carlisle Road, Newvill:t, PA 17241 West P~nnsboro T~shiP
(Location)
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Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows: Tract situate in West Pennsboro Township, Cumberland County, PA, being tax parcel
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:
10,000.00
500.00
Signature
Typed or printed name and residence
Elizabeth L McElwain 9 Carlisle Road
Newville, PA 17241
I/LUA-
Prepared by the Pennsylvania Bar Association
Copyrigtt (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
I
. .
Oath of Per:sonal Representative
Commonwealth of Pennsylvania
County of Cumberland
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
the Decedent, Petitioner(s) will well and truly administer the estate according to law.
~ }t(~ ~
E Izabeth L McElwain
Sworn to or affirmed and subscribed
day of
9772
Estate of
Andrew McElwain
, Deceased
C",!
also known as
I q 1- ) 5- '56 :;';).. Date of Death:
;-'2
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Social Security No:
12/09/1960
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AND NOW,
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, in consk{eration a
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of the Petition on the reverse side hereon, satisfactory proof having been presented before me, ''--J
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IT IS DECREED that Letters 0 Testamentary (!] of Administration d.b.n. ,~,.,.. '.', (-)
(c.t.a.; d.b.n.c.t.a.; pendente lite; d~rante absentia~rante minoiit~ie)
-0
are hereby granted to Elizabeth L McElwain, d.b.n.
in the above estate and that the instrument(s) dated
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters.... . ..... . ..... . .. ... . ..... . ....... . ..... $
Register of Wills
Short Certificate(s)...................... $
Renunciation............................... $
Attorney:
---'L-:-J /! - ~ /
Richard L Webber, Jr., E~
Affidavits ( )..................,........$
1.0. No:
49634
Weigle & Associates, P.C.
126 East King Street
Shippensburg, PA 17257
Extra Pages ( )......................$
Address:
Cod i ci I. ...... . .. . .. . .. . .. . .. . .. . .. . .. .. . .. . .. . .. $
Telephone? 717-532-7388
E-Mail: weigleattywebber@earthlink.net
JCP Fee............................ ........... $
Inventory...................................... $
Other........................................... .$
TOTAL............................ $
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group. Inc.
Form RW-1(1991)
Estate of
Andrew McElwain
Cumberland County, Pennsylvania
ORPHANS' COURT DIVISION
NO. 9772
In the Court of Common Pleas of
IN RE:
also known as
, Deceased
Social Security No. , c; I-I t -- 36S ~
Petition for Grant of Letters
(Continued)
Name of Decedent: Andrew McElwain
Date of Death: 12/09/1960
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Register of Wills of
Cumberland
County, Pennsylvania
RENUNCIA TION
Estate of
Andrew McElwain
No. 9772
also known as
, Deceased
The undersigned.
Sharp M. McElwain
~ cl
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to
Elizabeth L. McElwain
-J ?, (\ d .;.......
.c J day of ~l.--~,,~~''2J_A..
--0 ~ f17, 11 c;,...L~ .k~
(Signature) Sliarp/K. K~lwain
)uvs~
WITNESS my/our hand(s) this
513 Rotteck Street, Baden, Pennsylvania 15005
(Address)
N
(Signature)
(Address)
(Signature)
Sworn to or affirmed and sUb7cr'bed
before me this :;; 1 - day
/
of .1 L- ~ L.-' )r I ~ v 1 (
I ) c~2
Notary Public
(Address)
.' "'"8 plIIJJ
"cHAM k: Wf-"'L.~ J I NOTARY
8H'PPINIIU~Ci . .tuMII~lANO COlJ<<V
COMM\6S\()1'~\M(:~ JU~V " 2006
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
NOTE: Renunciations executed outside the Office of Register of Wills
in some counties are required to be notarized.
Prepared by the Pennsylvania Bar Association
Copyrigl1 (c) 2004 form software only The Lackner Group, Inc.
Form #RW-4 (1991)
Register of Wills of
Cumberland
County, Pennsylvania
RENUNCIA TION
AUG 2 2, 2005
Estate of
Andrew McElwain
No. 9772
also known as
, Deceased
The undersigned,
Mary Jane Clark
Dau~hter
Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to
of
Elizabeth L. McElwain
WITNESS my/our hand(s) this
/;f!L
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2630 Oak Crest Avenue
Austin, TX 78704
day of
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(Signature)
(Address)
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(Signature)
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(Address)
(Signature)
Sworn to or affirmed and subscribed
/~Jf~
of fA 1../ ~ L-- ~ t.
(J"----J .;1 '~__
Notary Public
(Address)
before me this
day
'J-tJ b ;-
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fCH~~. W~~~~~R., ~ARYPUSUO
1H',"~~81:; "'r'\ CUM~~~LAND COUNTY
.~:~1~$,~ULY 18 2008
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
NOTE: Renunciations executed outside the Office of Register of Wills
in some counties are required to be notarized.
Prepared by the Pennsylvania Bar Association
Copyrigtt (c) 2004 form software only The Lackner Group, Inc.
Form #RW-4 (1991)
IN RE: ESTATE OF
ANDREW McELWAIN,
late of West Pennsboro Township,
Cumberland County, PA
deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Orphan's Court Division
NO. 97n QcO~- 3 (B
.(:O( (no,....l~ qll;)
DECREE
AND NOW,
, 2006, upon consideration of the annexed Petition
of Elizabeth L. McElwain, IT IS ORDERED AN DECREED that the Register of Wills is
authorized to grant letters of administration d.b.n. upon the Estate of Andrew McElwain,
Deceased, to ELIZABETH L. McELWAIN.
By the Court:
J.
Richard L. .Webber, Jr.
Attorney for Petitioner
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397