HomeMy WebLinkAbout12-26-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
No. e2/-txo- J/(/O
Estate of Lee W. Wagner
also known as
, Deceased
Social Security No. 179125080
Petitioner(s), who isfare 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
GJ
A. Probate and Grant of letters and aver that Petitioner(s) is/are the execut or
Decedent, dated 4/14/2005 and cOdicil(s) dated n/a
named in the last Will of the
State relevant circumstances, e.g., renunciation, death of executor, ete
Except as follows, Decedent did not many. 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 incapacitated:
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B. Grant of letters of Administration
(c.I.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I
Name
Relationship
Residence
1
(COMPLETE IN ALL CASES:) Attach additional sheets If necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal
residence at 2124 Chestnut Street. Camp Hill, Borough of Camp Hill
(list street. number and municipality)
Decedent, then 89 years of age, died December 21 ,2006, at Holy Spirit Hospital
(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 ........................................................................................ $
Total ..................................................................................................................... $
I\O.uou.lJ.:)
l1..d> I 000.00
:z-~l).Ooo.OO
Real Estate situated as follows:
2124 Chestnut Street, Camp Hill, PA 17011
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Co c::n
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Wherefore. Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the~ti5~ lette~
the appropriate form to the undersigned: . .:: ~ :0 0'\
Typed or printed name and r~~i~
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. -....
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Ga L Wa ner
117 Meadowland Drive
Red Hill PA 18076
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
Cou nty of Cumberland
The Petitioner(s) above-named swear(s) and 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 esta1 ~o~d~n~. to I,v) ~
Sworn to and affirmed and subscribed ~ -:::tlJ.., U I 'j/lA ~ 11
before me this :J.~ it1 day of
! ~~:~ll~
DECREE OF REGISTER
Estate of Lee W. Waaner
Deceased
No. cd- ( - C:& -/1'/-0
also known as
Social Security No: 179125080
Date of Death: 12/21/2006
AND NOW, 2006 , in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters IX) Testamentary 0 of Administration
(c.t.a., d.b.n.c.t.; pendente lite; durante
P'~
0"\
are hereby granted to Gary L. Wanner
in the above estate and that the instrument(s), if any, dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
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Letters .............. .... .................. $ ~?-;{D. DO
Short Certificate( s) ...... J.D.. . $ 4D. DO
~eRupl'i::ltin., w~tl $ 15. DO
. ......................
Affidavit ( ) ....................... $
Extra Pages ( ).............. $
Codicil ................................. $
JCP Fee ................................. $ /0. ())
.
Inventory & Tax Forms............. $
Other .ftu~fr.~... $ 5.0D
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Atto
Attorney: David W. Reaner
1.0. No: 20868
Address: 2331 Market Street
Camp Hill
Telephone: 717-763-1383
DATE FILED: I 2... , 2.-~ .. Ob
PA 17011
TOTAL .............................$ .3KO. D()
RW-7 A
105.805 REV 1/05 .
This is to certify that the information here given is correctly copied fro~ an original certificate of death dul~. filed wIth me as
Local Registrar. The original certificate will be forwarded to the State VItal Records Office for permanent fIhng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Local R~
Fee for this certificate, $6.00
P 12842813
DEe 2 3 2006
Date
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COIIIIQNWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS
CER11FICATE OF DEATH
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Q:\DWR Wills\WagnerL Will.doc
April 14, 2005
LAST WILL AND TESTAMENT
OF
LEE W. WAGNER
I, LEE W. WAGNER of Camp Hill, Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and
Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore
made.
1. IDENTIFICATION OF FAMILY. I declare that I am currently not married and I have one (1)
child whose name is GARY L, WAGNER. As used in this Will, the term ''my children" refers
to all my natural children and adopted children. As used in this Will, the term "issue" refers to
all lineal descendants of the indicated person of all generations, with the relationship of parent
and child at each generation determined by the definition of "child/children" set forth in this
paragraph.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of (1) a funeral or memorial service; (2) the internment of my remains, including the
costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at,
and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my
executor in his or her sole discretion may allow as claims against my estate. . , i
3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible
personal property of every kind and description, including, but not limited to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and effects,
and automotive vehicles and their accessories, but excluding any money, evidences of
indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, to the beneficiaries named herein, as follow:
I direct my executor to divide my tangible personal property into two parts. The first part shall
contain all items that my executor determines, to be of no present or future value or use to the
beneficiaries named herein. The second part shall contain the balance of the property. My
executor shall dispose of the first part by sale, abandonment, destruction, or gift to any charity or
person. The proceeds of any sale shall be added to my residuary estate. All property in the
second part I give, as follows:
A. Twenty-seven (27%) percent to my son, GARY L. WAGNER;
B. Twenty-three (23%) percent to my daughter-in-law, LAUREEN K. WAGNER;
C. Ten (10%) to each of my grandchildren, SUSAN L. ANADALE, MICHAEL D.
\'d 'tel (;;.:\i.-~::.J~\'in8 WAGNER, RENEE A. JARRELL, THERESA L. WAGNER AND
lClnOJ'S>-I1iH&:lO REBECCA R. WAGNER;
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Q:\DWR Wills\WagnerL Will.doc
April 14, 2005
PROVIDED THAT if any of the above named beneficiaries shall not survive me by sixty (60)
days, then I leave their share to his or her issue, per stirpes,
The decision of my executor shall be conclusive and binding on all persons interested in my
estate.
Any item of personalty passing to a minor under this Section 3 may be delivered to the minor or
to any person to hold for the minor, as my Executor thinks advisable, and the receipt of any such
persons, including the minor, shall constitute a full and complete discharge to my Executor,
4. DISPOSITION OF RESIDUARY ESTATE, All of the rest, residue and remainder of the
property that I own at the time of my death, both real and personal, and of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the time of my
death (my "residuary estate"), I give outright and absolutely as follows:
A. Twenty-seven (27%) percent to my son, GARY L. WAGNER;
B. Twenty-three (23%) percent to my daughter-in-law, LAUREEN K. WAGNER;
C. Ten (10%) to each of my grandchildren, SUSAN L. ANADALE, MICHAEL D.
WAGNER, RENEE A. JARRELL, THERESA L. WAGNER AND
REBECCA R. WAGNER;
PROVIDED THAT, if any of the above named beneficiaries shall not survive me by sixty (60)
days, then I leave the share of that deceased beneficiary to his or her issue, per stirpes,
s. POWERS OF ADMINISTRATION.
5.1. Grant of Powen. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 5. These powers and authorities
may be exercised by my executor and trustee in their sole and absolute discretion, without the
permission or order of any court. These powers shall be supplementary to those conferred by
law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania
Consolidated Statutes.
5.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate, however received and acquired, for so long as they deem appropriate. This power may
be exercised even though the property may not be of the type authorized by law for investment,
and even though the retention may leave a disproportionately large amount of the value of my
estate invested in one type of property.
5.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own at
the time of my death, or that may come into my estate or after my death. The sale, transfer" or
conveyance may be by public or private sale, at such time, on such terms and conditions,
including selling price and credit, in such manner, and for any reason that my fiduciaries deem
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Q:\DWR Wills\WagnerL Will.doc
April 14,2005
C'l.( .~;'~
appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
5.4. Investment. My fiduciaries shall have the power to invest and reinvest any property in
my estate in preferred and common stocks, bonds, notes, common trust funds (including any
managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases,
mortgages on property wherever located, and, generally, in any property and in proportions of
property as my fiduciaries deem advisable, even though the investments are not of the character
or proportions authorized by applicable law for the investment of the funds.
5.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate to secure repayment of any loan, as well as. the
power to renew existing loans either as maker or endorser.
5.6. Power to Hold ProDertv in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
5.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended,
or other applicable law, and to determine which assets shall be sold and which shall be
distributed in kind, without notice to or consent by any beneficiary.
5.8. Distribution to Minon and Persons Under Disabilitv. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a minor,
an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or
payments shall be made in anyone or more of the following ways: (1) directly to the beneficiary;
(2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) t()~ tJ:te
guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors,
including to my fiduciaries in that capacity; or (6) to any other person who shall have the care
and custody of the person of the beneficiary. There shall be no duty to see to the application of
funds so paid, provided due care was exercised in the selection of the person to whom the funds
were paid, and the receipt of the person shall be full acquittance of the fiduciaries.
5.9. Continuation or Liouidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in which I
may have any interest at the time of my death for any period of time, or to liquidate the business
on any terms as they deem appropriate. This power includes, but is not limited to (1) the power
to invest additional sums in any business, even to the extent that my estate may be invested
largely or entirely in the business, without liability for any loss resulting from lack of
diversification; (2) the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary under.}~s
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Lee W. Wagner
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Q:\DWR Wills\WagnerL Will.doc
April 14, 2005
Will; and (3) the power to make any other arrangements in regard to any business .~ my
. . .1".
fiducIarIes shall deem proper. ' ,
5.10. Emolovment of Aeents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment
counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries
deem advisable in the administration of my estate.
5.11. Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate without the approval of any
beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final
accounts of my fiduciaries.
5.12. Third Pam Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to inquire
into either the authority of my executor to enter into any transaction or the expediency or
propriety of any transaction entered into by my executor.
5.13 Charitable Donations. In the event that any of my tangible personal property is donated
to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s)
as an inheritance tax deduction for any inheritance tax return which may be required to be filed as
a consequence of my death.
6. PAYMENT OF DEATH TAXES.
6.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my residuary
estate as a part of the expenses of the administration of the estate.
6.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will' or
other transferee.
7. EXECUTOR
7.1. Aooointment. I name, constitute, and appoint GARY L. WAGNER, as executor of my
estate. If GARY L. WAGNER shall not survive me, shall not serve as executor for any reason,
or shall cease to serve as executor for any reason after appointment, I appoint RENEE A.
JARRELL as. successor executor.
7.2. Bond Not Reauired. None of the individuals named in Section 7.1 shall be required to
furnish a bond for the faithful performance OriS duties as executor.
4 ~~ 1J;.14l~: ,
Lee W. Wagner
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Q:\DWR Wills\WagnerL Will.doc
April 14, 2005
8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in
determining whether a person has survived me or another person, a person shall not be deemed to
have survived me or another person ifhe or she dies within sixty (60) days of my death or of the
death of the other person.
9. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under
this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the
executor or trustee. My executor may, from time to time, consult with counsel with respect to the
meaning, construction, and operation of this Will, particularly with respect to the appointments,
allocations, and disbursements, and may act on the advice of counsel in all matters without incurring
liability on account of his or her actions.
10. INTERPRETATION.
10.1 Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor, personal
representative, or administrator, as the case may be.
10.2 Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
10.3 Headin2s. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a
part of this Will.
10.4 Govemin2 Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten i~: the first four (4) of which bear my signature in the
margin for the purpose of identification, this' day of April, 2005.
:U~' ~~~
L E W. WA NER, Testa or
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Q:\DWR Wi11s\WagnerL Will.doc
April 14,2005
Signed, sealed, published and declared by the above-named Testator, LEE W. WAGNER, as and for his
Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence
and in the sight and presence of each other, have hereunto subscribed our names as witnesses.
Witness
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Q:\DWR Wills\WagnerL Will.doc
April 14, 2005
COMMONWEALTH OF PENNSYL VANIA )
: SS.
COUNTY OF CUMBERLAND )
I, LEE W. WAGNER, THE TESTATOR, 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 AND
TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN O~ 4rfIRMED TO AND ACKNOWLEDGED BEFORE ME BY LEE W. WAGNER, THE
TESTATOR THIS t'1't""- DAY OF APRIL, 2005.
~--e.e..~_1Y~4'1~/J 7
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TARYPUBLIC
Notarial Seal
Deborah L Brenneman, Notary Public
Camp Hill Boro, Cumberland Coooty
My Commission Expires JlJ'1e 18,2006
Member. Pennsylvania Association Of Nolaries
COMMONWEALTH OF PENNSYL VANIA
2005.
NOTARY PUB IC Notarial Seal
Deborah L Brerneman 'lWary Public
CampHillBoro,~~
My Commission ExpiresJnAe 18, SOO6
Member ~nnsylvania Associatioh~
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