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Home My WebLink About02-25-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF C~uW\be.r-\~ r'\d_ Estate of G l Q. ~'1. 5 also known as e, &cx (' r'\ e... r COUNTY, PENNSYLVANIA 611-()~ - I~ File Number ~4:;.t , Deceased Social Security Number I '7 '-1- 0 ~ - -d-J 16 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 0' A. Probate and G~ant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated ~ \A..\ j Ic.t (,'i' and codicil(s) dated IJ I p. named 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 instr~nt(s) offel~e,d. for probate, was not the victim of a killing and was never adjudicated an incapacitated person: 2 0 gg~::) <"" -r"\ ...,., , -ti ~ f"T1 (, ;) "-" -;-j \oJ 0 CO -"- :::r: r- . .'", <)\ ~'!>rn N .:) (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; ~~~~oritath11 Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the followin~:~g~ifanSind heirs;, (ff!. Administration. c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) , ~:=S ~ CS ;.:c ~ - --I .. ." R~ence o B. Grant of Letters of Administration Name Relationship W ~.3 Decedent, then q if years of age, died on ~ at SfiNl. \-,:fg M lUll ,....., "'j l-\n one. Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (I f not domiciled in P A) Personal property in Pennsy lvania (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania $ 100 j 000 $ $ $ 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 appropriate form to the undersigned: ~\J..\; e T ed or rinted name and residence ~f1. 11001 Fo/'mRW-02 rev. 10./3.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~t\'(Y) bex \Q nd 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 beliefofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. before me the ().f) -r" -re buo. N ' ffW 6 Oa~or~ day of CJ Q~ St.,;,." of ~J~~t !.~L,atlv; Sworn to or affirmed and subscribed Signature of Personal Representative 20 ;,:;: ::Q i~\~ I p ':.~~~ .--:} (; 0 -'j C) -n :~:)s y y ~ ~ c;t::>. , ..:. Signature of Personal Representative .-., \-r"\ CO ~l ,.'Wi"', .-" -..... .- -) t: ~ . j --:f:; t.... ~. " ) . ,- '\ ~';- ',=-:) c. ,'\ '~j - ~.~. (~"~'), File Number: c:Q \ 6 <6' - rq I ~ C5 0.) c..".) Estate of , Deceased Social Security Number: Date of Death: AND NOW, having been presented before me, IT IS DECREED that Letters are hereby granted to , in consideration of the foregoing Petition, satisfactory proof in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) 0 FEES Letters ............... $ n( () .00 Short Certificate(s) . . . . . . . . $~ D .00 Renunciation(s) .......... $ W \ l\ ... $ jiJ) ... $ At )"WvV1a iI'on :.. $ .. . $ .. . $ ... $ ... $ ... $ .. . $ TOTAL.............. $000 .00 Attol11ey Signature: It:) .00 \O.DO 6. (So Attol11ey Name: Supreme Court LD. No.: Address: Telephone: FormRW.02 rev.IO.J3.06 Page 2 of2 LAST WILL AND TESTAMENT (") ~o ':'J;g ",'IIO -,12 :l> r- L._ Zm ~,. ~::rJ ~../)^ f)C)\') c-OJ Q .::n ,_""J '- ; ::0 ~D-i _':":'!l. OF GLADYS B. BARNER "-> C;:::l (;::) c.:o -" Pl co N CJ1 );:!oo :l: C5 W W (' ~- , 1 , ~'l (",) t-.'T"'~ I, GLADYS B. BARNER, Social Security Number 174-05-0410, of the Commonwealth of Pennsylvania, declare that this is my LAST WILL AND TEST AMENT and I revoke all other wills and codicils previously made by me. I. I appoint my husband, ELWOOD M. BARNER, as my Personal Representative concerning this Will. If my husband is unable or fails to serve, I then appoint my niece, JULIE BElL to serve as my Personal Representative. If my niece, JULIE BElL is unable or fails to serve, I then appoint Trust Department, Orrstown Bank, Carlisle, Pennsylvania 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 deemed advisable, whether or not then due and payable. D. My Personal Representative is requested to settle my estate as soon after my death as may be practicable, and to payor deliver every legacy or bequest to my beneficiaries without waiting any time that may be believed to be customary in probate matters. ~ _ Last Will and Testament of GLADYS BARNER , --" .!3 ~ ~ Page 1 121 ~~ E. 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. II. 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 Husband, ELWOOD M. BARNER, as his sole and absolute property if he shall survive me. m. In the event that my spouse 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, as follows: A. Ten percent (10%) of my property shall be divided equally amongst my nieces, ANN JORDAN, NANCY SHAUB, JANE PATTERSON, or to the survivors in shares of substantially equal value, to be divided as they may agree. B. Ninety percent (90%) of my property shall be divided equally amongst, JULIE BIEL, DEBORAH KAMMERER, BARBARA REINEKE, SUSAN BLOSER, ELIZABETH PATTERSON, or to the survivors in shares of substantially equal value, to be divided as they may agree. C. If any of the persons named above in this paragraph shall not survive me, I give the share of that deceased person to those persons named above in this paragraph who do survive me in shares of substantially equal value to be divided as they may agree. D. 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. IV. 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 ~~~ Last Will and Testament of GLADYS BARNER Page 2 ~ ~ {iJfp 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. V. 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. VI. Any beneficiary who fails to survive until One Hundred and Twenty (120) hours after my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be disposed of accordingly. VIT. Definitions: A. 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. B. 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. C. The term "Personal Representative" as used in this Will shall have the same meaning as Executor, Executrix, Independent Executor, or any other title of like import which is used to describe such a fiduciary. vrn. In addition to any powers granted by the laws of the jurisdiction 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. ~""4....~ LasIWillandTeSlam;:~:;GLADYSBARNER ~ ~ ~ IX. 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. This document was prepared under the authority of Title 10 U.S. Code, section 1044, and implementing military regulations and instructions, by Captain John T. Rothwell, a member of The Judge Advocate General's Corps, United States Army, who is licensed to practice law in the State of Arkansas IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, on CAA.L,<r,u;. aAMA~Ks. AvvN~YIVAf\Jifl. , set my hand and seal to this my LAST WILL AND TEST AMENT, consisting of ~ typewritten pages, each page bearing my handwritten signature. :~~~ " GLADYS B. BARNER (SEAL) The foregoing instrument was, at <!...AALI~ i~f1nAN!.IC.~. ~I'ISYLIJANI it1 , on / 9 r , signed, sealed, published and declared by GLADYS B. BARNER, the testator, t er LAST WILL AND TEST AMENT in the presence of all of us at one time, and at the same time we, at her request and in her 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. ~ . _ Last Will and Testament of GLADYS BARNER .' ~~ Page 4 -*g (j)p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ACKNOWLEDGMENT I, GLADYS B. BARNER, 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. ~4 '3~ GLADYSB.BARNER ~ (SEAL) We, EsfE~ G-eo~~r: AFFIDA VIT . sill 4 ILl. CUWCJ+LI..) , and ~.( le.t\A... .(:, {\\ h <; , 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 her Last Will; that the testator signed willingly and executed it as her 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 influence. ?!.J-", ~}t WITNESS ~~ WITNESS Subscribed, sworn to and acknowledged before me by GLADYS B. BARNER, the testator, and subscribed and sworn to before me by ES~ 6€"O~'e ~({lLej M<UWU~lIJ ,and ~(~.rrltLc; lil~ ~L~ I~ rJ.. , the witnesses, on :r. 7'1" f7 '0' NOTARY PUBLIC My Commission Expires: Notarial Seal Bett R. Standridge, Notary Public ar IS e oro, Cumberland County My Commission Expires May 14, 2001 Member Pennsylvariii Association Of Notaries ~ Last Will and Testament of GLADYS BARNER ~ ~~ Page 5 t>> ~ CitrL