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Home My WebLink About12-13-07 ~J-01- JOlL, ETZWEILER AND ASSOCIATES ATTORNEYS-AT-LAW 105 NORTH FRONT STREET HARRISBURG, PA 17101-1436 Office hours: Mon.-Fri. 8:00 a.m.-5:00 p.m. (717) 234-5600 Earl Richard Etzweiler, Esquire Christian S. Daghir, Esquire 225 Market Street Millersburg, P A 17061 (717) 692-2519 Office hours: Tues. and Fri. 4:00 p.m.-8:00 p.m. Sat. 10:00 a.m.-12:00 noon HALIFAX LINE (717) 896-3737 Fax Line: (717) 234-5610 Email Address:retzweilerra1comcast.net 2 West Main Street Elizabethville, P A 17023 (717) 362-8395 Office hours: ThUTS. 7:00 p.m.-9:00 p.m. December 11, 2007 Register of Wills Cumberland County Courthouse Courthouse Square Carlisle, P A 17013 Re: Harry E. Bordner Dear Sir or Madam: Please fmd enclosed the following documents to probate the Estate of Harry E. Bordner: 1. Original Will dated February 6, 2004 2. Petition for Probate and Grant of Letters with the Oath of the CoExecutors being taken in Dauphin County this date. 3. Death Certificate for Harry E. Bordner 4. Estate Information Sheet 5. Check in the amount of $256.00 which represents the costs to probate the estate. Please contact my office if you need anything further in this matter. Sincerely yours, ?hA ~/ P () (:;0 -':1 "'-, c::> = __J C:', f'-i-'t l) w /"-, Earl Richard Etzweiler ~ 3: \..0 . . -,:J ..)-~~ w ERE:klp Enclosures GoIESTATE-DIRIEST ATE\BonIncr-Hmy\IetIcn.wpd PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-- 0' - II2..lo Estate of Harry E. Bordner also known as , Deceased Social Security Number 199-07 -9225 Sherwood Witmer and Connie Byerly Petitioner(s), who islare 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW") [g] A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) islare the last Will of the Decedent, dated 02/06/2004 and codicil(s) dated nameo in the 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: .Nl:llle................................................................................................................................................................................................................................................................ .......................................................................................................................................................................................................................................................................... D B. Grant of Letters of Administration (It apphcable, enter: c.I.a.; a.b.n.c.t.a.; pec1ente lIte; durante absentia; durante mmontate) Petitioner(s} after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs(1f AdministratIon, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) I Name Relationship Residence I .....,., c.:, Q ('".:::;) -, --J ," T~ r.-'-l :='c: (-:. ,I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent w&:s domi'::i1ed at dGlath in Cumberland County, Pennsylvania with 1700 Market"Street, Camp Hill, Camp Hill, Cumberland, PA 17011 (Li~ street address, towr.!city, -ttIwn$hip, county, state, zip code) w his I her last principal residen~ ~i, ;_) ~.;.., "":''7'~') ~1-: . "-j :.- -1 ...0 w Deced€nt, then 92 yea~ of age, died on 12/06/2007 at Camp Hill Borough, Cumberland County, Pennsylvania Decedent at death owr.ed property with estimated values as follows: (If domiciled in PAl All personal property $ 94,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PAl Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: .NOlle..........................................................................................................................Iatal.......................................................S9!4..QQlI.D.Q............ ...................................................................................................................6...............................................................................n................................... ............................................~........................................................................................................................................................................................ 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 appropriate form to the undersigned: ...........~......................................................................................................................................................................................................................... Signature Typed or printed name and residence Sherwood Witmer Box 138 Berrysburg, PA 17005 Connie Byerly 1300 Park Drive, Apt 17 Hummelstown, PA 17036 Form Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1012 LAST WILL AND TESTAMENT OF HARRY E. BORDNER I, HARRY E. BORDNER, of Mechanics burg Post Office, Cumberland County, Pennsylvania, declare this to be my last Will and revoke all Wills and Codicils previously made by me. ITEM 1. I give all my hunting equipment to my nephew, SHERWOOD WITMER. If he fails to survive me, I give all my hunting equipment in as nearly equal portions as practicable to the sons of Sherwood Witmer. Ifhis sons cannot agree as to the division of my hunting equipment, the division shall be made by my Executrix, in her sole discretion, and her decisions shall be final. ITEM 2. I give the rest, residue, and remainder of my estate as follows: (a) One share to KATHALEEN G. SCHAEFFER, DARLENE FERSTER MURPHY, and WAYNE FERSTER, equally; (b) One share to my sister, ARLENE BYERLY; One share to be divided equally between my brother, ~PH c;o BORDNER, and his children, equally; . ~5 '(''-.) -;c:::r" One share to be divided equally between the children of llli~'ster, w '/):::;;"" (c) (d) SARAH WITMER; (e) One share to my niece, DIANA LAVIN; "l) --l (f) One share to my niece, CONNIE BYERLY; (g) One share to be divided equally among BRIAN SCHULTZ, BRAD SCHULTZ, and SHERRY DAY; (h) One share to be divided equally between my niece, GAY STROH, and her children; and 297994-1 r-..,) = = -, CJ fTj n :r;.,~ :JC v.:; .. w (i) One share to be divided equally between my niece, KIM GUTSHALL, and her children. If ARLENE BYERLY, DIANA LAVIN, and/or CONNIE BYERLY do(es) not survive me, her or their share(s) shall lapse and be divided among the remaining eight or fewer shares set forth in Item 3( a)-(i) above. If any of the persons designated by specific name or by description such as "children" in Items 3(a), (c), (d), (g), (h), or (i) do(es) not survive me, his or her share(s) shall be divided equally among the surviving persons who take portions ofthe respective share (a), (c), (d), (g), (h), or (i), rather than being divided among recipients of other shares. ITEM 3. I direct that all my just debts and the expenses of my illness and burial, including the disposition of my remains, shall be paid from my residuary estate as soon as practicable after my death and as part of the expense ofthe administration of my estate. ITEM 4. My Executor and Executrix shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, exercisable without court approval, and effective until actual distribution of all property: (a) To retain and invest any and all assets in my estate without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification of risk; (b) To sell at public or private sale, to exchange, or to lease for any period oftime any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper; (c) To allocate receipts and expenses to principal or income or partly to each as they in their sole discretion think proper; (d) To compromise claims; ( e) To distribute in cash or kind or partly each; 297994-1 (f) To exercise any law given option to treat administration expenses either as income tax or estate tax deductions, without regard to whether the expenses were paid from principal or income, and without requiring reimbursement; and ITEM 5. (g) To disclaim inheritances. I appoint my niece, CONNIE BYERLY, and my nephew, SHERWOOD WITMER, Co-Executors. If either fails to qualify or ceases to act, I appoint the other as sole Executor. ITEM 6. No bond shall be required of my Personal Representatives, but ifbond is nevertheless required, it shall be without surety. ITEM 7. I note to my Executor and Executrix that I have retained the services of Jered L. Hock, Esquire, and the firm of Metzger, Wickersham, Knauss & Erb, P.c., in connection with the writing of this Will. Executed on r (? /? ( - (} ~ ,2004. Ii ~I~ Ilarry ~ordner In our presence HARRY E. BORDNER signed this three (3)-page Will and declared it to be his Will and now, at his request, in his presence, and in the presence of each other, we sign as witnesses: ~ ~ :Pit- Witness Residence f~2r~U~ /lCJ..fj/i~ 6 /.t'd I ,P A- Residence 297994-1 '. Commonwealth of Pennsylvania Countyof ])<11M-f h {Y) We, HARRY E. BORDNER, and -Te~ L. +bck. ,and You ^J 9-~ ul--( ~ , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ss. /1/~ c ~ Testator ~ Witness '" ;c~ SWORN to or affirmed and acknowledged before me by the above named Testator and witnesses this Cpt" day of Fe b V U tl Vii ' 2004. C;;.a. IJ? -!Jt,';p,,_ Notary Pu ic My Commission Expires: (SEAL) Notarial Seal .Angela M.. Miller, Notary Public CIty of Harrisburg, Dauphin County My Commission Expires Oct. 15, 2006 297994-1