HomeMy WebLinkAbout12-19-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Lewis R. Maurer
also known as
No. 21-06- 1/ 9. I
, Deceased
Social Security No. 193-28-0858
Sally R. Maurer
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 04113/1995 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:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente lite; durante absenba; durante mlnontate)
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:
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(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 4117 Mountain View Road, Hampden Township
(list street, number, and mUnicipality)
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Decedent, then
70
years of age, died
05/05/2006
at 4117 Mountain View Road, Mechanicsburg
(Location)
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
$
$
$
$
140,000.00
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:
Ignature or pnnte name an resl ence
Sally R. Maurer 4117 Mountain View Road
Mechanicsburg, PA 17050
Prepared by the Pennsylvania Bar Association
Copyright (cl 2004 form software only The Lackner Group. Inc,
Form RW-1 (1991)
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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
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Sally . aurer
Sworn to or affirmed and subscribed
day of
o.teunbe lv. , ~ 00 f(J
1!n~Ll1tuU () ~h ~JhJ
FO~eglster
No.
21-06-
Estate of
also known as
Lewis R. Maurer
, Deceased
Social Security No: 193-28-0858
05/05/2006
Date of Death:
AND NOW, , in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters I!I Testamentary 0 of Administration
(c.I.a.; d.b.n.c.l.a.; pendente lite; durante absentia; durante minoritate)
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are hereby granted to
Sally R. Maurer,
FEES
Letters....................................... .$
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in the above estate and that the instrument(s) dated 4/13/1995
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
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Short Certificate(s).....................$
Rel'ltJl'leiatiOPl..W..i.. .I.t.............. $
Attorney:
Affidavits ( )...........................$
I.D. No: 41273
Extra Pages ( )....................$
Address: 429 South 18th Street
Codicil.. ... ... ................. ..... n..... ...$
JCP Fee.....................................$
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5.['>0
Camp Hill, PA 17011
Telephone: 717n30-7310
llW8AWry..1.\:u. to.rf.'\klh ff.t:: $
E-Mail:
Other.............................. n..........$
TOTAL............................$ :?J.)~. ()O
Prepared by the Pennsylvania Bar Association Copyright (e) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
H105.905MS REV.(5-05)
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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TYPfJPAINT IN
PERMANENT
eLACKINK
1 Nama or Decedent (F"nl. middIe.1utI
No.
Charles Hardester
State Registrar
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
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COMMONWEAlTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATEALEN~BEA
Date
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LAST WILL AND TESTAMENT
OF
LEWIS R. MAURER
I, LEWIS R. MAURER, Social Security Number 193-28-0858, of the
Commonwealth of Pennsylvania, declare that this is my LAST WILL AND
TESTAMENT and I revoke all other wills and codicils previously made by
me.
FIRST: I appoint my Wife, SALLY R. MAURER, as my Personal
Representative concerning this Will. If she is unable or fails to
serve, I then appoint my daughter, ELIZABETH S. HARDING to serve as my
Personal Representative.
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave), and written charitable pledges which I have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. My
Personal Representative may pay such taxes at any time de~d ~
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advisable, whether or not then due and payable. ~;o ~
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d. My Personal Representative is requested to see~~ ~
estate as soon after my death as may be practicable, and to.Z~ ~
deliver every legacy or bequest to my beneficiaries withou€(~ting
time that may be believed to be customary in probate matt~iS?~ 5C
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e. I have served in the Armed Forces of the United States.
Therefore, I direct my Personal Representative to consult with a Legal
Assistance Attorney at the nearest military installation and with the
Department of Veterans Affairs and the Social Security Administration
to ascertain if there are any benefits to which my family members are
entitled by virtue of my military service.
f. I may leave a letter of intent with the executed copy of
this Will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my Wife, SALLY
R. MAURER, as her sole and absolute property if she shall survive me.
THIRD: In the event that my Wife, SALLY R. MAURER shall not
survive me, I give, devise and bequeath, absolutely and forever, all of
my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my children,
ELIZABETH S. HARDING and KATHRYN R. MAURER, in shares of substantially
equal value to be divided as they may agree.
a. If any of my children shall not survive me, then the
share of that deceased child shall go to the descendants of that child,
who are to take per stirpes and not per capita. If any of my children
shall not survive me and shall not be survived by any descendants, then
the share of that deceased child shall be distributed to my surviving
child or the descendants of my other child if that child also failed to
survive me, in the manner set forth above.
b. If they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold under this paragraph
and to whom it should pass or be delivered or at what price it should
be sold shall be conclusive.
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-FOURTH: In the event that none of my children and none of their
descendants shall survive me, I give, devise and bequeath, absolutely
and forever, all of my estate and property of which I may be seized or
possessed, or to which I may be entitled, at the time of my death,
wherever situated or of whatever nature, be it real, personal, or
mixed, to my sisters, JESSICA SANDRA PELLEGRINO and CHERIE D. DADDARIO,
or to the survivor, in shares of substantially equal value, to be
divided as they may agree. If they are unable to agree, the division
shall be made by my Personal Representative, in that person's sole and
absolute discretion. I empower my Personal Representative to sell any
or all of such property, if such property is not distributed in kind
hereunder, and to distribute the proceeds among the persons named in
this paragraph, or the survivor, in substantially equal shares. Any
determination of my Personal Representative as to what should pass or
be sold under this paragraph and to whom it should pass or be delivered
or at what price it should be sold shall be conclusive.
FIFTH: If any beneficiary to any share of my estate which is not
subject to the provisions of any trust which may be created by this
will is at the time of distribution of his or her share, a minor under
the laws of his or her domicile, I direct that the minor's share be
converted into qualifying property and delivered to the minor's
Guardian as Custodian for the minor under the Uniform Gifts to Minors
Act or the Uniform Transfers to Minors Act as may then be in effect in
either the state in which the beneficiary or the Custodian resides, or
any other state of competent jurisdiction.
a. The Uniform Gifts to Minors Act or The Uniform Transfers
to Minors Act, as may then be in effect in the state concerned, is
hereby incorporated by reference. The property affected by the Act
shall be managed, held, and distributed in accordance with the
provisions of the Act.
b. The financial custodian will serve without bond or surety
and without intervention of any court, except as required by law.
c. The receipt by the Custodian, for the minor, of any
principal or income transferred pursuant to this paragraph shall be a
full acquittance and discharge of my Personal Representative or
Trustee, as applicable, from liability with respect to such transfer
and from further accountability for the principal or income so
transferred.
SIXTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
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PAGE 3 .JLJI .n IA tJz?/
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SEVENTH: Any beneficiary who fails to survive until thirty (30)
days after my death shall be deemed to have predeceased me, and the
gift to that beneficiary shall be disposed of accordingly.
EIGHTH: Definitions:
a. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this Will shall
not include step-children, the natural born or adopted children of a
person's spouse who are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for purpose of
succession to property under this Will.
b. The term "descendants" as used in this Will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
c. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
d. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
NINTH: In addition to any powers granted by the laws of the state
in which this Will is probated, I hereby authorize and empower the
fiduciaries named in this Will, to the extent of the discretion herein
granted, to sell, exchange, convey, transfer, assign, mortgage, pledge,
lease or rent the whole or any part of my real or personal estate, to
invest, reinvest, or retain investments of my estate, to perform all
acts and to execute all documents which my fiduciaries may deem
necessary or proper in regard to my property. If any of my fiduciaries
elect to receive compensation for services, such compensation will be
that allowed by law.
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TENTH: If any part of this Will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania,
this 13th day of April, 1995, set my hand and seal to
this my LAST WILL AND TESTAMENT, consisting of 5 typewritten pages,
each page bearing my handwritten signature.
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L S R. MAURE
(SEAL)
The foregoing instrument was, at Carlisle Barracks, Pennsylvania,
this 13th day of April, 1995, signed, sealed, published and declared by
LEWIS R. MAURER, the testator, to be his LAST WILL AND TESTAMENT in the
presence of all of us at one time, and at the same time we, at his
request and in his presence and in the presence of each other, have
hereunto subscribed our names as attesting witnesses, and we do so
verily believe that the said testator is of sound and disposing mind
and memory at the date hereof.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ACKNOWLEDGMENT
I, LEWIS R. MAURER, testator, whose name is signed to the attached
or 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.
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LEWI R. MAURER
(SEAL)
AFFIDAVIT
We, ':Io.Q.~: ~ L. ~o.~ K-e.l( , ~\2..-'n€.. n (\ 19- S , and
'\JO~II t-\\\\er , the witnesses, sign our names to this
instrument, being duly qualified according to law, do depose and say
that we were present and saw the testator sign and execute the
instrument as his Last Will; that the testator signed willingly and
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 will as a witness; and that to the best of our
knowledge the testator was at that time 18 or more years of age, of
sound mind and under no constraint or undue influenci\J~h
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Subscribed, sworn to and acknowledged before me by LEWIS R.
MAURER, the testator, and subscribed and sworn to before me by
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, and
, the witnesses, this 13th day of April, 1995.
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NOTJ(R PUBL ~
Commission E
Noranai Seal Public
RosaA. Rod"2uez, N= County
Carlis\e~ro.cg~~NOV.8 1997
My CommiSSIOn '-^t" ' .
; Association of Notanes
Member, Pennsylvania