HomeMy WebLinkAbout11-13-06
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Re~~erof~illsofOwnberandCoun~
Estate of John L. Sweezy
also known as Jack Sweezy
PETITION FOR PROBATE and GRANT 0 LETTERS
No. c:2 --010 - 9
To:
, Deceased
Register 0 Wills for the
County of umberland in the
Common ealth of Pennsylvania
Social Security No.
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut r named in the last will of the
above decedent, dated October 10 ,20 06
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor etc.)
Decedent was domiciled at death in Cumberland
Pennsylvania, with h.!! last family or principal residence at
125 Victoria Drive, Mechanicsburg, PA 17055 Lower Allen Township
(list street, number and municipality)
County ,
Decedent, then ~ years of age, died November 5 , 20~, at Holy Spirt Hospital
Except as follows, decedent did not marry, was not divorced and did not ha e a child born or adopted after
execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
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
(Ifnot domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$ 300,000
$
$
$ 50,000
WHEREFORE, petitioner(s) respectfully request(s) the probate of the I t will and codicil(s) presented
herewith and the grant of letters testamenta
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(testamentary; admin stration c.t.a.; administration d.h.n.c.t.a.)
thereon.
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Register of Wills of Cumbe and County
OATH OF PERSONAL REPRESE TATIVE
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COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
SS:
The petitioner(s) above-named swear(s) or affirm(s) that the statements in e foregoing petition are true and
correct to the best of the knowledge and belief ofpetitioner(s) and that as perso al representative(s) of the above
decedent petitioner(s) will well and truly administer the estate accor' to law
Sworn to or affirmed and ~cribed
Before me this 1:5t day of
~OV'~~r ,20 c;A..J:J
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DECREE OF PROBATE AND GRANT OF LETT~~:z:- c;:,~
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AND NOW ~v. \3 20~, in considera ion of the peti~ the retcese sia~~ c~~i
hereof, satisfactory proof having been presented before me, IT IS DECREED at the in~nt(s), dated.&- .,
October 10. 2006 , described therein be admitted to probate led of record as the last wilfblr
John L. Sweezy ; and Letters are hereby granted to
Daniel T. Worle
FEES
Probate, Letters, Etc. .............
Will... ... ... ... ... ... ... ... ... .. ....
Renunciation..... ...... ... ... ... ...
Short Certificates ( ).. . . .. .. . . . .
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Automation Fee... ... ... ... ... ... .
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Total
Filed \ l - 12>
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No.<9I- {)l.I - Cflr;'
Estate of John L. Sweezy
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Daniel D. Worley 8 029
Attorney (Sup. Ct. J.D. No.)
101 E. Philadelphia St. York. PA 17401
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Address
717-854-5914
Phone
105.805 REV 1/05
This is to certify that the information here given is correctly copied from an origin certificate of death duly filed with me! as
Local Registrar. The original certificate will be forwarded to the State Vital Recor s Office for permanent filit.lg.
WARNING: It is illegal to duplicate this copy by photo at or photograph:
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No.
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Fee for this certificate, $6.00
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12941899
L Registrar
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John L. Sweezy
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COIIIIONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH ·
CERnFICATE OF DEATH
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November 5, 2006
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Harrisburg, PA 17110-
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I, John L. Sweezy, of Mechanicsburg, Cumberland unty, pennSJJ?inia, b~ng :__~~,'~~
of sound and disposing mind, memory and understandi g, do make, publish ca'nd
declare this to be my Last Will and Testament, hereby re oking and making void all
previous Wills and Codicils heretofore made by me.
8Ual.
01
JOHN L. SWEEZY
FIRST
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I order and direct my personal representative herein fter named to pay all of my
just debts, funeral expenses and expenses involved or connected with the
administration of my estate as soon after my death as is rea onably possible. However,
my personal representative need not accelerate and pay t ose unmatured obligations
which, in his, her or its opinion, it might be proper and mor advantageous to retain or
renew and pay as they become due and payable. If I do not own a burial plot or a grave
marker at the time of my death, I authorize my personal rep esentative, in his, her or its
sole discretion, to purchase a burial plot and to erect a suita Ie marker at my grave, and
to expend sums from my estate for this purpose.
SECOND
I give, devise and bequeath all my automobile(s), hou ehold effects and other
tangible personal property, not including cash or securities 0 policies of insurance,
owned by me at my death, to my Niece, Carole S. Hutchins n, per stirpes. It is my
wish that the wall clock and all other tangible personal prope y belonging to the Sweezy
and Withrow families such as family books, records, photogr phs, papers, documents
mementos and other similar items be received by my niece i kind so as to remain in
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the family. The remainder of my personal tangible property n t taken in kind by my
niece is to be sold by my Executor at public or private sale a d the proceeds of such
sale(s) be distributed to my niece, Carole S. Hutchinson, per tirpes.
THIRD
I have intentionally made no provision in this will for my daughter, Virginia
Botelho, or for any of her issue except for those provisions ade to Tami Gene Botelho
McBee, and David Lyn Botelho.
FOURTH
I direct that any real estate owned by me at the date 0 my death be sold by
public or private sale and the proceeds of such sale shall b come part of my residuary
estate.
FIFTH
I give, devise and bequeath the rest, residue, and emainder of my estate, of
every nature and wherever situate including but not limite to proceeds from the sale
of my real estate, cash or securities or policies of insuran e, in equal shares, to Tami
Gene Botelho McBee, David Lyn Botelho, and Carole . Hutchinsqn, per stirpes,
absolutely. In the event Tami Gene Botelho McBee, Dav d Lyn Botelho, or Carole S.
Hutchioson dies without leaving issue, I give the rest, re idue, and remainder of my
estate to the surviving beneficiaries in equal shares per s irpes.
SIXTH
I direct that all taxes that may be assessed in consequence f my death, of whatever
nature and by whatever jurisdiction imposed, shall be paid fr m my residuary estate as
part of the expenses of the administration of the estate.
SEVENTH
My executor is authorized and empowered to exerci e from time to time in his
sole discretion and without prior authority from any Court, in respect of any property
forming part of my estate all powers conferred by law to xecutors and the testator
intends that such powers be construed in the broadest possi Ie manner.
EIGHTH
I nominate, constitute and appoint Daniel T. Worley 0 York Springs, Adams
County, Pennsylvania, Executor of this my Last Will and Tes ament. In the event Daniel
T. Worley is deceased, unable or unwilling to serve or shall ease to serve for any
reason whatsoever, then I nominate, constitute and appoint y niece, Carole S.
Hutchinson, of St. Clair, Missouri, to serve instead.
NINTH
I direct that my Executor and Trustee shall not be re uired to give or post bond
for the faithful performance of his/her/its duties in this or any other jurisdiction.
TENTH
I am currently unaware of the whereabouts of my gr ndchild David Lyn Botelho.
I direct that my Executor make a good faith attempt to de ermine the whereabouts of
David Lyn Botelho. If my Executor is unable to locate Davi Lyn Botelho I request that
a Private Investigator be retained to discover the whereabo ts of David Lyn Botelho. If
said Private Investigator can not determine the whereabout of David Lyn Botelho in a
reasonable amount of time, David Lyn Botelho is to be de med to have predeceased
me for purposes of this will.
IN WITNESS WHEREOF, I have hereunto set my h nd to this my Last Will and
Testament, consisting of six (6) typewritten pages, the firs four (4) of which bear my
signature for the purpose of identification, this 10th day of Oc ober, 2006.
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Witness
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS
I, John L. Sweezy the Testator whose name is igned to the attached or
foregoing instrument, having been duly qualified accordi g to the law, do hereby
acknowledge that I signed and executed the instrument as y Last Will and Testament;
that I signed it willingly, and that I signed it as my free and voluntary act for the
purposes therein expressed.
~~
John L. Swe zy
Sworn or affirmed and acknowledged before me by John L. Sweezy, the
Testator, this 10th day of October, 2006.
~
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS
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We, ;.:::TiG?/lev ' ~~e witnesses
whose names are attached to t oregoing document, being duly qualified according to
the law, do depose and say that we were present and saw Testator sign and execute
the instrument as his Last Will and Testament; that he signed willingly and that he
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 Last Will and
Testament as witnesses and that to the best of our knowledge the Testator was at the
time 18 or more years of age, of sound mind and under no constraint or undue
influence.
Sworn or affirmed and subscribed before me by ....iv,/rz (1//lf,rryJ and
S~kn L GJonud- this 10th day of October, 2006.
NOTARIAL SEAL
fli1ARIA L StROH. Not2iy Pnbno
Lower Anen Twp.. CUmberJandG('>., PA
Co1nmJ$Slon &.pires Nov. 14, 100I