HomeMy WebLinkAbout11-30-06
In Re: Estate of Woodrow W.
Walters late of Silver Spring
Township, deceased
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Orphans' Court Division
Estate No. 21-06-0542
.
.
ORDER OF COURT
AND NOW the go It day of November, 2006, on motion of John M. Eakin,
Attorney for Petitioner, it is ORDER AND DECREED that Glenda Farner
Strasbaugh, Clerk of the Orphans' Court of Cumberland County, is hereby
authorized, empowered and directed to make, execute, acknowledge and deliver a
deed conveying the real estate of the decedent to Alan V . Walters to be held by him
in his own right.
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IB Re: Estate of Woodrow W.
Walters late of Silver Spring
To~sbip,deceased
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Orpbans'Court Division
Estate No. 21-06-0542
.
.
lditiml
TO THE HONORABLE, THE JUDGES OF SAID COURT
The petition of Alan V . Walters, by John M. Eakin, his attorney, respectfully
represents:
1.) Your petitioner is the son and the sole heir of Woodrow W. Walters
who died June 11,2006, having first made his last will and testament dated May
21, 2003 . (attached as Exhibit A).
2. ) Your petitioner was appointed executor of the last will and testament
of decedent by the register of wills of Cumberland County on June 19,2006.
3.) At the time of his death Woodrow W. Walters was the owner of three
parcels of land situate in Cumberland County, more accurately described in
Exhibits B, C and D attached hereto.
4.) The real estate was not specifically devised by decedent's will.
5.) Your petitioner desires to take said real estate in kind as part of his
distributive share.
6.) All creditors of the estate have been paid; the Pennsylvania Inheritance
Tax return has been filed and the tax paid.
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7.) Court approval is required by Section 3356 of the Probate, Estate and
Fiduciaries Code (20 Pa CSA 3356) to authorize conveyance of assets of the estate
to the personal representative in his own right and to authorize the Clerk of the
Court to execute and deliver the deed of conveyance.
WHEREFORE your petitioner respectfully requests your Honorable Court
to make an order authorizing and directing the Clerk of the Orphans' Court to
execute and deliver a deed conveying the real estate of the decedent to Alan V.
Walters in his own right.
Dated: ~ I Pi Va t" Respectfully submitted
2
In Re: Estate of Woodrow W.
Walters late of Silver Spring
Township, deceased
.
.
1ft the Court of ComlDOll Pleas of
Cumberland County, Pennsylvania
Orphans' Court Division
Estate No. 21-06-0542
.
.
VERIFICATION
I, Alan V. Walters, Petitioner herein, hereby verify that the statements of fact
made in the foregoing instrument are true and correct to the best of my knowledge,
information and belief. I understand that any false statements therein are subject to
the criminal penalties contained in 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
Ii~
Ian Yo-Walters
3
LAST WILL AIID TESTAl1ENT
OF
HOODRO\-l H. trfAI,TERS
I, WOODROW W. WALTERS, of the Township of Silver Spring,
Count"jT of Cumbex'land and State of Penneyl vania, be lng of sound
and disposing mind, memory and understanding, do make, publish
and declare thls my Last Hill and Testa.ment, hereby revoking
and making vold any and all prior Wills by me at any time
heretofore made.
1.
I direct the payment of all my just debts and funeral
expenses as soon 'after my deoease as the same oan be conveniently
done.
2.
I give, devise and bequeath all the rest, residue and
remainder of my estate, real, personal and mixed, whatsoever
and wheresoever the same may be situate, to my son, ALAN V.
WALTERS, absolutely and unconditionally.
EXHUI. T .4
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LASTLY, I nominate, constitute and appoint my son,
ALAN v. 11ALTERS, Executor of this my Last Will and Testament
and direct that he be excused from posting bond or other
security i'or the faithful peri'ormance of his duties in any
jurisdiction.
IN WITNESS If'HEREOF, I have hereunto set my hand and seal
this 2/sr day of May, A. D., 200).
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(SEAL)
Woodrow W. Walters
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Signed, sealed, published. and deolared by the above
named, WOODROW W. WALT~TIS, as and ror his Last Will and Testament,
in the presence or us, who have subscribed our names hereto as
witnesses, at the request or said testator, in his presence and
in the presenoe of each other.
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ALL THA~t OImTAIN Lot of Ground, toge ther with the improvements
~hereon erected, situate in the Township or Silver Spring, County or
Oumberland and State of Pennsylvania, more partioularly bounded and
described as rollows, to wlt:-
BEGINNING at a point in the oenter of the State Highway leading
from Silver Spring to Mechanicsburg, at corner of Lot now or rormerly
of Clyde Miller. and wife; thence by said Lot now or formerly ot Clyde
Miller and wife, South 89 degrees West, ')00.0 feet to a point at
other lands now or formerly of Dessie M. Jones; thence by said other
lands now or formerly at Bessie M. Jones, South 11 degrees 41 minutes
West, 278.0 feet, more or less, to a point at land now or formerly
of George C. Moyer; thence by said land now or formerly ot George o.
Moyer, North 62 dep,rees East,,40J~O feet, more or less, to an 1ron
pin on the East side or the a.roremen~ioned State Highway; thence by a
line from the East side ot said State Jlip,h,.,aY11 North 21 degrees 17
minutes West, 62.7 feet to an iron pin in the center of said state
Highway; thence by the oenter of said State Highway, North 21 degrees
East, 2L...45 feet to the p'<:,i,nt at BEO~NNI NO. I
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BEING Lot No. 11 on a proposed:Plan of Lots laid out by Lester
R. Jones and Dessie M. Jones, his 'wife. I t
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EXHIBIT B
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, ALL THAT CERTAIN Tract or pt!tcel orland situate in Sliver SPring Township,
Cwnberland County, PCIUlsylvania, being bounded and described according to a survey
Inade by Milton H. Davis, Registered Surveyo~, dated July 24, 2002 as follows to wit:
BEGINNING at a concrete monument in the eenter of Church Road, at the South
COOler of lands now or. fonnerly of Adele K. Ritter and on line of lands now or formerly
of Lawrence and Associates, Inc., said monument being North fi~ (50) degrees zero
zero (00) minutes zero zero (00) seconds West a distance of two hundred seventy-two
and slxty-ei~t hundredths (272.68) feet from the Westerly Riaht-Of- Way Line of State
Route 1011; thence along the center-line of Church Road and lands now or fonnedy of
Lawrence and Associates, Inc. South fifly (50) deFes zero zero (00) minutes zero zero
(00) seconds East a distance of two hoomed sfx and thirty-three hundredths (206.33) feet
to. a point at the Northwest comer of lands now or fonnerly of Ronald W. Powers and
Delores A. said ~oint being South sixty-one (61) degrees eleven (11) minutes thirteen
(13) seconds Wes..,"a distallce of fourteen and rilnety..seven hoodredths (14.97) feet from
an Iron p-in on line or lands now or fonnerly ofRbnald W. Powers and Delores A., thence
along said lands North sixty-one (61) degrees elven (11) minutes thi!1)'-one (31) seconds
East a distance of seventy-five and thirty-seven J)undredths (75.37) feet to an iron p-in on
the Westerly: Riaht-Of-Way line of State Route 1011; thence along said Right-Of-Line in
a Northwardly airection and along the arc of a curve to the ript. havin~ a radius of one
thousand four hundred seventy.two and sixty-nine hundredthS (1472.6 feet for an arc
distance of two hoodred seventy-three and eighteen hundredths (273.18) eel to a I?oint on
the Southerly line ofotber lands of now or Connerly of Woodrow W. Walters and Isabelle
M. Walters; thence along said line of lands and line of lands of Adele K. Ritter South
sixty-two(62) degrees zero zero (00) minutes zero zero (00) seconds West a distance of
three hoodred forty-eight and sixteen hwulreddls (348.16) feet to the point and place of
BEGINNING.
, CONTAINING ~~" thousand three ten-thousandths (0.9003) Acres of land more
or less. "' "
HAVING THEREON ERECfED a single family dwelling and necessary
buildings known and numbered as 591 Silver Springs Road, Mechanicsburg,
~ennsylv8nia.
EXHIBIT C
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Atl that J certain trno t of land 81 tUllte in the Township 01" Upper
IFrnnlcford, County of Cumberland and State of Pennsyl van! s, bounded and
desorll"ed as follows, to wit:-
B.EOINNING ot 8 Blaok Oak on 0/ corner of land flOW or formerly'o~
iSamuel Arnold and John '!'hrone; thence. by land now or 1"ormerly or John
'Throne, North 05 degrees West, 39.5 perohes to .stones; thenoe by land
t now or tormel'ly of Ira Hoover, Sou,th 15 degrees East, 128.0 perohes
to a stone; thence by lands now 01'": formerly of Silas Mentzer, Harth 62l,:s
degrees East, 39.0 perches to 8 point; and thence by lands now or
formerly of Albert Miller and Samual Arnold, North 14-3/4 degrees West,
~05.5 perohes to the plaoe of BJ~GIUNING. .
CONTAINING 26 ncres and 100 perches, more or les8.
EXHIBIT D
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In Re: WOODROW W W ALTERS
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-0542
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/30/06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 11/30/06
IN RE: ORDER
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SERVICE TO:
JOHN EAKING ESO
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
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IZI HAND DELIVERED
D OTHER_
IZI PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 12/1/06
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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D OTHER_
o PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED:
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Deputy i
Clerk of Orph Court