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HomeMy WebLinkAbout07-13-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of George R. Commerer also known as No. 21-06- t. 'co \' \ , Deceased Social Security No. 196-14-2536 G. David Commerer Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) ~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 08/03/2005 and codicils dated Executor 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: (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: o B. Grant of Letters of Administration 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 family or principal residence at 27 Middle Spring Road, Southampton Twp. (list street, number, and municipality) Decedent, then 81 years of age, died 07/04/2006 at Chambersburg Hospital, Chambersburg, 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 86,242.00 $ $ $ $ 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 appropnate form to the undersigned: I Signature Typed or printed name and residence G. David Commerer 211 Lurgan Avenue Shippensburg, PA 17257 I //1 C':.. ~~'r 6~ -L"' "......... '-- Prepared by the Pennsylvania Bar ASSOciation Copyright (c) 2004 form software oniy The Lackner Group. Inc. Form RW-1 (1991) Oath of Personal 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. before me this /3 - /J ~'- 'r-- X _'. "L C"',;" C~. ( G. David Commerer &. '-L Sworn to or affirmed and subscribed day of No. 21-06- ;. ,).l\ -- \,,~ Estate of George R. Commerer , Deceased also known as Social Security No: 196-14-2536 Date of Death: 07/04/2006 AND NOW, , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [R] Testamentary D of Administration (c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to G. David Commerer, Executor in the above estate and that the instrument(s) dated 8/3/2005 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. FEES Letters.......................... ................ $ d\e.: l '. Register of Wills Short Certificate(s)...................... $ ..J (t' Renunciation............................... $ Attorney: Jerry A. Weigle, Esquire Affidavits ( )...........................$ I.D. No: 01624 Weigle & Associates, P.C. 126 East King Street Extra Pages ( )......................$ Address: 1 ' -G--tld-icit:::...... b.... 0.."...... ........ ........ $ Shippensburg, PA 17257 JCP Fee.......................................$ i ( Telephone: 717/532-7388 Inventory....... ........... .................... $ E-Mail: \ Otlier-~... .....). ......; .(.... ...................... $ \ . ( L! ' . #' ;.. ~.J TOTAL............................ $ . .r", L. \. Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. 'F'orm RW-1(1991) i~ ~\'l'j~ 1''1 ,-'{;rr~_'(~'l,l\ (rnrn ~in iTl ; nai ftt \~jJl j !' i'l!,~ \ 'r\\'Jrd~\~ h;.: ',LH\: \'j I f<_\~'i"\';rd:- ;)j VV.ARNll'iG: it is i!iegal to duplicate this copy by photostat ev pnotc.:rao'l ~I F 4 "'} f""'j 4 1- ! ,\J "'" ., . J : ,I I:' ,; ~,i,i3~--' GtD;?:~~"~: ,.. ",'c~' .' . . ,1'4' ;.~ :il~~:d..'~\ \~~~~:J) "00. 'l1f ,.\ (1< '.... "<:,/, ':::':';..!.~'Jll!' ~~' / ~'<J}) ..... . '~l4&.tI. t I 'j. , '. ,.; \. --', (' ....) H105143Rev01!06 TYPEJPRINT IN PERMANENT BLACK INK 1 Name olOecedenl (First, middle, last) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER ......j GEORGE R. COMMERER Age (Las1 birthday) 7, OateolSirth Monlh, da . 8. Birth lace C 196 14 - 2536 Sa Piace of Death Checkonl one Hospilal Din alielll Other :Kl ERIOLJ1 aliellt 0 DOA 0 Nursin Home 0 Residellce 0 Other - S c; S_ Was Decedent 01 HispaOlc Origin1 10_ Race: American Indian. Black. Whrte, elc 1iI No 0 Yes (If yes. specify Cuball, (Specify') Mexican. Puerto Rican. elc.) 4 2006 81 Yrs Bb Coun1yolDealh 11 1924 3 SocialSecurilyNurrtJer n- 11 Decedellt's Usual Qccu atiem/Kind of work done durin most of workin life; do not slate retired Kind 01 Work Kind of Businessllndusfry Parts Mana er Nau le Motors Inc. " 16 Decedenl's Mailing Address (Slreet. cifyllown. state, zip code) hi hest radeco ~ted College (1.4 Of 5+) 14 Marrtal Status Married. Never married, WKlowed. Divorced (Specify) Widowed White 15 SurvIVing Spouse (If wile, give maiden name) ~ Franklin Chambersbur D Yes ~ No Decederll's ActuatResidence 17a_ Slale Pennsylvania Did Decedent Live in a Township? 17c. lO Yes, Decedent Lived i~ Southampton Twp 27 Middle Spring Rd. Shippensburg, PA 17257 18 Father's Name(Flrst.middle,~sl) 17b, County Cumberland 17d 0 No, Decedent Lived wilhlrl AclualLimtlsol _Cilyl9oro 19_ Mother's Name (First. middle, maidell surname) G. Arthur Commerer 20a. Informant's Name (Typelprinl) Mar Nicholson 200_ Informant's Mailing Address (Slree!. crty^own, slale, zip code) o w <J) => <f) <( ~ '}J, D RerrovalfromSlate o Donation S rin Hill Cemeter 22c, Name and Mdressol Facilily , PA 17257 2td Locahon(CilyllowrI,Slale.zipcoc!e) Shippensburg Cumberland County, PA G. David Commerer el er-Bricker Funeral Heme Inc. 23b, License Number / ~ o Soo4ct.o7- Approximate interval ollsetlodealh 26, Was Case Referred \0 a Medeaf Examlller/Coroner1 DYes ';1(NO Parfll: Enlerolhersianifican1condihonsconlribulinato death, 28 bul nol resuMing in Ihe underlying cause given in Part I . Items 24.26 must be complefed by person . who pronounces death " /3,' 2-4- M CAUSE OF DEATH (See instructions and examples) Item 27, Part L Enter lhe chain of events - diseases, injuries. or cOrTlllicatiofls - that directly caused the dealh, DO NOT enter lerminal events such as cardiac arrest. respiratory arres!. Of ventricular fibrillahofl wilhoul showing the etiology, DO NOT abbreviate, Enler OI1ly one cause 011 a line ~~~d~t?ol:;e~~"~n~~~ ~:~~~; dise~r a ~,--~~~_~ .-, ~ j "l t) , ,. v oJ. Duelo (or as a consequence oQ Did Tobacco Use Conlribulelo Death? DYes 0 Probably o No J;iI-1:1t1known ,{ 29 It Female o NOlplegnanlwrthillpaslyear o Pregnanla\1imeofdealh o Not pregnanl. but pregnanlwithin 42 days 01 death D Nolpregnanl,bul pregnanf 43 days to 1 year beloredeath o Unknowni!pregnanlwrthinlhepaslyear 32c, P~ce of Injury: Home, Farm, Street. Faclory, Ollice Building,elc (Specify) Sequenhally list condrtions, if any, leading !o Ihe cause ilsled on line a - Enter lhe UNDERLYING CAUSE (disease or injurylhal initiated the events reslJ~ing in dealh) LAST Due 10 (or as a consequence oQ Duelo (oras a consequence of) 30a WasanAulopsy Perlormed? DYes ~o 30b WereAulopsyFindings Aveilable PriOl10 COlT'(Jlelion of Cause 01 Death? DYes 0 No 31 Manner of Deatll ~rat o Accident 32a Date of Injury (Monlh. day. year) 32b DesClbe how InjUry Occurred o Homicide D Pendinglnvestigalion 32d_ Trmeot 111)Ury 32e,lnluryalWork1 DYes 0 No 32f It Transportalion Injury (Specify) o Driver/Operator 0 Passenger o Pedeslrian 0 Other - Specify 33b, Sig~andT~ff41ifier --C') I,JoJU-.J1-^{!- 32g Location (SllCel.crty/iown.slale) o Suicide o Could Not Be Delermined M I f- Z w fiJ o w o u. o u.. :2 ~ 33a Certifier (check only one} Certifying physician (PhYSician cenilying cause of death wIlen another physician has pronounced dealh and comp!eled Item 23) To the best of my knowledge. death occurred due to the cause(s) and manner as slated ..... . Pronouncing and certifying physician (rllysic~1l bolh pronouncing death and certilYlllg 10 cause of dealh) To the best of my knowledge, death occurred at the time, date. and place. and due to the cause(s) and manner as stated... . .......~ ...........0 33c, License Number \^"'.,..:l;12.C(L 33d DaleSig~()d(Montl1.day.y()ar) 7-1">0,," ;, rred at the time, date, and place, and due to the causc(s) and manner as stated ........0 34 Name and Address 01 Person Who Completed Calise 01 Dealh (110m 27) lypo/Prilll---- .. __.___________n..'_' ~G-Da1e lIod(MOiltild8Yyear) ~o.v..\ ,O\'UJ\':\G- ",,-,\) r I VI l-U_LS \-..,,,cot'n \IJ"i U..,,,- L Z I I J(;~~ i~;ruct:ons a;d a~e~:e)-j'''l'-.':\.~~~''::'0~<,c7..Jh--- I}1,ZL.._ .----.---- LAST WILL AND TESTAMENT I, George R. Commerer, a widower and single person, presently residing at 27 Middle Spring 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 give, devise and bequeath all my estate, real, personal and mixed, whatsoever and wheresoever situate, to my children, namely, G. David Commerer, presently residing at 211 Lurgan Avenue, Shippensburg, Pennsylvania 17257, and Linda D. Miller, presently residing at 27 Middle Spring Road, Shippensburg, Pennsylvania 17257, in equal shares, on a per stirpes distribution basis. THIRD. In the event that my daughter, Linda D. Miller, is living a the time of my death and receives a share of my estate under this my Last Will and Testament, I direct that such share be held IN TRUST by my hereinafter named Trustee, since my daughter Linda D. Miller is physically and mentally disabled. My attorney, Jerry A. Weigle, Esquire, of Weigle & Associates, P.c., with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, shall serve as Trustee. In the event that the said Jerry A. Weigle is unable to act as Trustee for any reason, I then name, constitute and appoint Joseph P. Ruane, Esquire, of Weigle & Associates, P.c., as Trustee, with the same powers as stated herein. In providing for the establishment of this Trust for the benefit of my daughter, I am aware of the special circumstances and disabilities affecting Linda D. Miller, which may cause or will cause her to be eligible for various local, state, and federal benefits and entitlements, as well as possible assistance provided by various private agencies and organizations. The primary purpose of this Trust is to assure that the said Linda D. Miller achieves her maximum potential and leads as full, independent, and normal a life as possible. To that end, il is my wish that my individual Trustee vic,,\' himself r.ot only as a Trustee in the traditional sense, but also as protector, guardian and advocate for my said daughter. Correspondingly, my named Trustee shall expend the income and principal of the Trust in ways that best further these goals and under the following terms and conditions: A. The Trustee, within his complete and unfettered discretion, shall apply the income and principal of the Trust in furtherance of the purposes of the Trust as set forth in subparagraph THIRD above and generally to enhance the life I , c Ii / ';/ /,/. -' ,r.-/ ,/ ,/ " ,'_..;'.(...../ \..-", /i- " / j , . i I' i~'~''':rr v' ,,'-'i ./ ..'~" I ~.,-- (SEAL) WEIGLE &AS:s6cIAT~5. ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 of my daughter, Linda D. Miller, if living, but only to the extent not provided for by insurance or by Federal, State, local, or any other assistance programs of any nature whatsoever, including Supplemental Security Income benefits under the Federal Income Maintenance Program as then existing. The Trustee shall have full powers of choice and discretion over the expenditure of payments of the Trust. The Trustee shall provide Trust payments of such an amount as not to preclude payment of the maximum amounts of any Federal, State, local, or other assistance programs, as noted above. The income and principal of this Trust may, therefore, be used as judged necessary and appropriate as a supplement to, but not to supplant, such Federal, State, local, or other assistance, and to the extent the income of this Trust is not used, the Trustee may accumulate the income and add it to the principal of the Trust. B. The Trustee is empowered to collect and expend on behalf of my said daughter all governmental financial assistance benefits to which she is otherwise entitled; provided that such funds shall not be co-mingled with the other funds of this Trust. C. In the exercise of the Trustee's discretion to expend income and principal for the said Linda D. Miller, the Trustee is directed that consideration should be given to any Letters of Instruction which I may, from time to time, direct to the Trustee. Such Letters of Instruction, if any, shall be interpreted based upon the express purposes stated herein, and shall not be interpreted to expand the powers and limitations of the Trustees hereof. D. In the exercise of discretion with respect to income and principal distributions for Linda D. Miller, if any, the Trustee shall bear in mind my express desire to preserve, to the greatest extent possible, this Trust's assets for eventual distribution to my beneficiaries other than my said daughter, whether outright or in Trust. The foregoing sentence is in no way intended to limit the sole and absolute discretion of the Trustee with respect to such distributions or to give any remainderman any right to challenge any distribution made by the Trustee in the proper exercise of such discrelion. Rather, said sentence is intended to aid the Trustee and any Court or administrative agency in properly interpreting my intent in establishing this Trust, namely, that the needs of my daughter be provided for only to the extent that governmental benefits and entitlements and other resources are either unavailable, inadequate, or have been exhausted. ,/ (./' -, I l.~./ /' /">-.'.i.'/ /~ ,,/ /..tF;/!:f' . 'v ~ L f,.-...'/ I (SEAL) WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397 E. If any governmental agency determines that this Trust is an "available resource" to be utilized and exhausted to pay for services for Linda D. Miller otherwise provided by public funding, then the Trustee may, at his complete discretion, elect to terminate this Trust, in which case the Trust assets shall be distributed in accordance with subparagraph G below as if the said Linda D. Miller was then deceased. F. In the event that a time comes when the said Linda D. Miller is no longer disabled as determined in the sole discretion of the Executor or Trustee, my said Trustee may then elect to terminate the Trust and to distribute the Trust assets (principal and accumulated interest) to the said Linda D. Miller. Any such determination by my said Executor or Trustee shall be final and the Executor and/or Trustee shall be indemnified and held harmless from any and all claims resulting from such determination and decisions. G. Upon the death of the said Linda D. Miller, the principal of her Trust as then constituted together with any accrued and undistributed income thereon, shall be distributed to my son, G. David Commerer, on a per stirpes distribution basis. FOURTH. I nominate, constitute and appoint my son, G. David Commerer, presently residing at 211 Lurgan Avenue, Shippensburg, Pennsylvania 17257, to be the Executor of this my Last Will and Testament. In the event that he be unable to fulfill the duties of Executor, I then nominate, constitute and appoint Jerry A. Weigle, Esquire, to be the Executor of this my Last Will and Testament. FIFTH. I direct that my personal representative(s) shall not be required to give bond for the faithful performance of their duties in any jurisdiction. SIXTH. 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, George R. Commerer, have hereunto set my hand and seal to this my Last Will and Testame~, written on three... (3)~eS, the first two (2) pages signed for identification only, this ~ day of aT1-;'" . , 2005. ! :; "if /. / "/-'1:. : "<',f., '-,.., ~. ,," :.:.~~:r-.1 /~.;'~ ,:P,), }"'y . "'.; ..,. (SEAL) WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257.1397 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. (/.>."/" "4,,~. '--4._ "~i( { '..../. ( {..,' ; 1 ";1"' JI~ / / ./ ~"" ( ~'.., ..... / - I e i1Z/!/f.U:1- /\ . .f: . ~ ..' J)atw t~'.C0 ~ (uYo/ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, George R. Commerer, 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. V // /", .,;.,' ./ Co' /._,.~~/ " J , ~"J" __". /. ,:: " Sworn or affimled to and acknowledged before me?J: G~orge R. Comm~rer,. th~[estator, t~~,~.day of OJ-~.u;;t " 'lfOS. /' I ) - ~ ~ L I (); ~ /tN)\11 7 ! I NOT RIAL SEAL Jerry A Weigie, Notary Public Shippensburg, PA Cumberland County My Commission r:.xpire~ October 7,2006 WEIGLE & ASSOCIATES. Pc. ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 COMMONWEAL TH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND ~ - ," " We, reI J f \ ( I (, / ~ t "f' \./ ~ I -rfr-h~l-C.I-fl L. -rzfY}Q and , /r, (. h~ ({ r/ ~_/::. (' // (/ I , 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 George R. Commerer, 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. j ,'- ./ /' ./ o.>/~1/1 (:-1'[; . / ~'{/{./.1 ,.,.1- /f ./ v1-<- (, '-. \ , :/' i i\...~ ,-{ I..J;;,#> (~('~ cZ ( . " "":-"-4~"': '~.,:,...~" .,/ J , ;2 t,,; 'A 'I, T up,e Sworn or affirmed to and subscribed before me by .. j ~ ,." "\ f ,- :' I I (' \ (, /1 I';, t ,/ . J 1\ ,. l>( (',~."/-; L / /'~'" (' 'FI,) f. I and ? A-W tC tf1 L . fa Me. (j (w.~scs, t~iS}9-d~Y of '. \ / ,---", C1 /' \ I, NOTARIAL SEAL Jerry A Weigle, Notary Public Shippensburg, PA Cumberland County MV Commission Expires October 7, 2006 WEIGLE 6< ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397