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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. o ~~ n'~ :0 ?2 f- ,..." 5:';::0 "- (J) ~ 0(') C)Oo Or-" ~.:o ::o-i ):> 3:IIt :Jt - - .. I\) ......, , ~ ~ ~ ~ -c:: (.,.) Q -=::':J --:t"; /....,..) rtio Qa ~:~ ;p r"q 1......) ...,.",111 -'-..J 0 r~)o 1'" :JI ;~~~;: ~ r-:,/) (;;~ ) 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. o C:o {~~p ..;~~~ ..J()Q -,0.1 ('~\c-- ~-' ::0 :-0-1 ::> 1 r-) = = <;,;1.... ::0 =rJ r:-1.'-.1 I'n ('"") t~) c:) (/~ 23 f Tj rT1 ::'::CJ C..J ('=; C..,:) -'r[--,-, F~~ 1-,.1Tl l../)~'O .1. ~ /~ z; c:::> -< N -0 :3C ut O"'l 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 -1- ~ ~... ~ 1, ~ t'j' E~;::: i-_ . . 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). fl~..% ~~-- (SEAL) Woodrow W. Walters -2- ~.-....~-........._---.......--,-""""'""'~ .. . ~jIIO..........,..____"..,..,~.....~.,_~...",.. __._............."',.,...-.~..-~_..;':1_....,.,.".___"'-~~..,..._.t~,...,......~.~-~ f 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. -)- , . I 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 .. j. BEING Lot No. 11 on a proposed:Plan of Lots laid out by Lester R. Jones and Dessie M. Jones, his 'wife. I t I { ~-. L " ". EXHIBIT B '. '. ,-,., --. ; ~-'----~.;. .., 1 '---___j', II ~. '~. ,-11.'1, I ,L", -;"_~\:'1; ,';'Jd;J'ii~:D_:':".>' ~;?,~r.: :0;: l' 1 "::1 , . ..,.X~,~:;'}{!5:~\';,~: " t' , 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 ,~ ... 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 \ \ '1 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 ",,'" '" "'" """"" "''' 11"" "'" """""'''''''''''' '" """""""'" "..."" """" "" '" '" '''''' "'..." '" """"'''''''''''' '\..,' '\ SERVICE TO: JOHN EAKING ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR IZI HAND DELIVERED D OTHER_ IZI PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 12/1/06 '\ ,...... """",..., '\".."" '\" """" '" """"'" '\ '\ "'\ """"" "" '" "" '\""" '\ '\ '" '" ""..."""""" '\ ,\, \""""'" """"" '\......"... SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ o PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: ~1~~/~ Deputy i Clerk of Orph Court