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HomeMy WebLinkAbout09-11-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Mary E BURKHOLDER File Number 21-09- DfS ~~ also known as ,Deceased Social Security Number 165-28-2475 Steven P Adams Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `8' BELOW.) ~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the last Will of the Decedent, dated 0612911984 and codicil(s) dated r~ er,,~ 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: npnQ B. Grant of Letters of Administration app rca e; en er. c..a.; ..n.c..a.; p en e ~ e; uran e a sen ~a; uran a mrnon a e 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: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) N ca ~ ~ ° ~"~ Name Relationship Residence z,,~ ~ ~r`i ; =y ~ ~ ~ r+-~ ~=r~r - - ;, -~ --i - ;~. ~. _ ., r..; (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. '~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 623 Brenton St, Shippensburg, Shippensburg Borough, Cumberland, PA 17257 (List street address, town/city, township, county, state, zip code) Decedent, then 75 years of age, died on 09/05/2009 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 $ at Harrisburg Hospital, Harrisburg, PA 50,000.00 130,000.00 situated as follows: 623 Brenton Street, Shippensburg Borough, Cumberland County, Pennsylvania 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 Steven P Adams 10~Ifackthorne Rd `~ _--~ Wallingford, PA 19086 r Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 PETITION FOR PROBATE AND GRANT OF LETTERS (Continued) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Mary E BURKHOLDER also known as ,Deceased File Number 21-09- Social Security Number 165-28-2475 Name Relationship Residence Adams, Steven P Son 109~hackthorn~Rd Wallingford, PA 19086 Aurand, Sandra J Daughter PA Smith, Sharon A Daughter 711 Newport Rd Duncannon,PA 17020 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS 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. Sworn to or affirmed and subscribed before me this day of or Register Signature of Personal Representative Steven P Adams Signature of Personal Representative t.*.,f < ~ •, : C7 ,. -17 Gr`) ,-3 r ~ ' i ' -- r n 1 -.^ ~ I J ~-' ; s y G~ ~ l •~ -f1 File Number: 21-09- `,~ ~ '_w; ; ttJ Estate of Mary E BURKHOLDER ,Decease ~ <.~ }``~? Social Seccurity Number: 165-28-2475 Date of Death: 09105/2009 AND NOW, ~ `t ~,~_ , in consideration of the foregoing Petition, satisfactory proof having been presented before rW , IT DEC EED that Letters Testamentary are hereby granted to Steven P Adams in the above estate and that the instrument(s) dated 06129/1984 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................................ $ ©. Short Certificate(s) ..............:......... $ , Renunciation(s) ............................. $ $ 1v ~ ~V $ ~, V(„! $ $ $ $ $ $ TOTAL .................................... $ Attorney Name: Forest N Myers Supreme Court I.D. No.: 18064 Law Office Forest N Myers Address: 137 Park Place West Shippensburg, PA 17257-9212 Telephone: 7171532-9046 Form RW-O2 Rev. 10-13-2006 Copyright (c} 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attlnncy .~iynatuie. -- _ ~-, 105.805 REV (01/071 ~~~~' ~~~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 15848056 Certification Number This ins to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwar ed to the State Vital Record 'ce for per ne t f' ' g. Loco egistrar ~ c Date Issued -r~ _ri~ ~ r*a ~i 1 tiJ m r?J ~ ~ C.:7 c ti ~ Htosta ITEV nrzooa COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ _...~ ~ ~; __; ~"T'1 ~ (See instructlonls and exOa Plea on reverse) MATE FII F NI IYRFR .~.. ~ 3 y~ 3 1. NemB d Oeoetlera (~+. nedrM, le0. erdPoi) 2. SaX 3 Sedtl lieaany Harsher A. DeW IMReh rley~ Y•M Mar E. Burkholder Female 165 - 28 - 2475 ~Q s. Ape flan ~Y) tbttler t lkder t a Da4 d arm T. erd eub « r. PWa a Oeam arse Om er: Monea Derv eloue Mreaee Hoeplttl: 75 yre, ~ Se t. 6, 1933 Shade Ga , PA ~(iro•n.d ^mtt)trlpe8we ^DOA ^NRwp Hama ^ ^Onw~Specny • cwar a Deem ea cnr. Bom, rw• a Drni m ed. Fecaty Name (M M:wnwnon, ~ tlron rtl ender) a. wu Deoedenl a orgwt? ~No ^ rr to. are: Awn ~, erdr, Vdde, etc. . m ~ r crbr, (svewil Dauphin Harrisburg Harrisburg Hospital "+"'rn• """e "~ eb) White . tt. Deoedwe'e UnaY a work dor mrt a we. Do McWe t2. wr Dewded ewx m me 13. DerdxBe EArwdw IOW ~/ ti~ 9~ cwVb~•dl u. Merntl SMr Horded Never MenMd. to Surrhip 5paw (n wW, pee melds retme) 'Nidoiatl~ °hor'd fsoenryl Imdaw«e lam ailaeNretlMNry u.s. Amrd Fare? Ebmente t Sewrrdery (o-tz) cdbae (t•I «s.) ~ 2 Widowed Homemaker Own home ^ rr ®No • 18.DerdenreMenegAdAeu(Stron,a7yltown,tleM,zipwda) "''' Pennsylvania ~~+ ne^rr,o.ceertLN.am Twz. ~ tT`~e 623 Brenton St. t>b ~, Cumberland TONr"D? nd. ®~ a a.d~+ Shippensburg ~8 Ship ensbur , PA 17257 ~ ~ oio tB. FemKe Neme(FaeL mMde,IW,rerhla) 1S. Motlrete Nerr (Fin, nYdrk,nrUr earwe) Albert F. Price Hulda E. Nau le 28a. tnamenfe Name (ryM I Prid) 28b. heorrnenre LWIrS Adarue (~+, dY Itoen, wta, qP code) Steve Adams 109 Black Thorn Rd. Waliin ford, PA 19086 etaFdemodaorpawbn ~ ^craneew ^Domer zm.DeNa(Lbdh,der.wl ztsl'braorpaeuml~dcemwn,aenmipYaoverpler) zta.lartlon(CMytam,etele,HPw~e) ®~ ^ ~e"e ~ Mea r ^ vr^ No ^ dlwr- Se t. 10 2009 S rin Hill Cemete Shi ensbur PA 17257 ~ pa, SwNce (a ariinn u arN) 27d. lkaw Harder 22c Name end Addnwe d Feciy ~ 014831-L F.H. Inc. 112 W. King St. P.O. Box 336 PA 17257 23ec aeY whr 29e. TOme beetdmytnoeMdW, death oodaredtlmafYr,dm end~ettled (Siprwua and iNa) 29b. UOru Nrder 23a DeM Slgrd lMRd4 deY~Y~1 plryeiden Y rat avertable M 1Fw deem b Denny rre a drm. Thw d Dasm 21 25. D~ Drd (Alarah, r•nl 28. Wu Cue ReNned b Ma6ri Ewdw I Canrwr la a Mur Oma mr Cnmelbn a Daiarn? MIIIB 2428 wen b asrylerd by Dar^ . ~ ^ Yoe ® No ,' ate prartourn deem. ~ M. CAUSE OF DEATH (Sao NraatwAbera end ) r ~ Pan 1: EreerYw - ~ ~ «wmpf~tbr • mtl Aracnt' auwd me deem. DO NOT erM WmYW evade each r cr3ec amen. r Ones to Deem • IMm 27 ~+ II: Eder dwr da not rruwnp n me urderlyMip auaar pre In Pen I. ~. Dk Tabacm Uee Conobiwe b Due? ^ Yu ^ PraOahty . mprebry ems, a vedriRder ldrielir whlnul ehowerp the aeoloy~. 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Cutllypp plryalden )phyeiden arSy'rp ere d deem when eiollMr pryntlur Iw aalalacatl drm ertl wngM+•d Ibis 2.9) ______________ ^ rtM r:Nrae(a)rtl nruwrettlW ad m • ~ ___________________ oopunr r Toth brldny lmowlrpe. dee • FmeMaurre4rp aetl anMrllq plpwloYrr(Plyefden lNm pianairq OWAeetl oeNF/Irgbpwradrm) 330. Nenlbe//r~~~' y9 L~ ~ _ Toth Wtlanry WrewMtlSe, deem ooe«ndtltlw ltr,dart, and irlu•.eM drmme are(q rtl nrrrrrrretaYd_________________ ~ Z % / \ //•/D A a • YedkN Firntw/COrorwr On mr brNaasdrWbn andl«tmeetlpatl«41n ay datlh aeuandtlthe lNre,dale, antl plea, enddrto nr carwye)end nevarrrataud_ ^ ry jrd ~ / / ~ / / / 3 35. Repktrere Sipntae sal ~ z ~ ~ ~.~~ ~ ~ ~ ~.f ~~ mu T x '~ ~/ ~ ~ Dtpannm Famn No. C7 X73 ~ 7 8 SAS/YFWK3/6-2U-84/yf LAST WILL AND TESTAMENT OF MARY E. BURKHOLDER CJ o -r. ~ c-- ~ .a ~. , -~, --~ -~ cn rn , ; :~ s ~~ > `=- ~=~ ~r~, ~,,, -", ,~- I, MARY E. BURKHOLDER, of Shippensburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. ITEM I: All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM IV of this Will as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will. Page i of 6 pages. ITEM III: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment to my children living at my death, in as nearly equal shares as they shall select. Any conflicting choices shall be resolved by drawing lots. Any such articles which are not so selected by my children shall be sold and the proceeds thereof shall pass as a part of my residuary estate. ITEM IV: I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to my issue living at my death, per stirpes. ITEM V: No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the bene- ficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein desig- nated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate Page 2 of 6 pages. and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VI: Any person, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the sarne time as any then beneficiary of income of my estate or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. ITEbI VII: In the settlement of my estate, my Executor shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by my Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as my Executor shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will Page 3 of 6 pages. fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, Death Taxes or other taxes, expenses and charges in connection with the administra- tion of my estate, and my Executor shall pay the expenses of my last illness and funeral expenses. (h) To vote any shares of stock which form a part of my estate and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any unincorporated business, including any joint ventures and partnerships, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. Page 4 of 6 pages. ITEM VIII: If at any time any minor shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law or otherwise, I appoint my son, STEVEN P. ADAMS, as Guardian of such assets authorized by law payable to such minor; or, if for any reason my said son should fail or cease to act, I appoint my daughters, SHARON LEE ALLENDER and SANDRA J. ADAMS, or the survivor, as such Guardian(s) (herein referred to as "Guardian"). The Guardian may receive, administer and shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college, university, graduate or other education, without securing a court order. The Guardian shall have all the rights and privileges in its capacity as Guardian as are herein granted to my Executor as to my estate. ITEM IX: I hereby appoint my son, STEVEN P. ADAt~iS, as Executor of this Will. If for any reason he should fail or cease to act, I appoint my daughters, SHARON LEE ALLENDER dnd SANDRA J. ADAMS, or the survivor, as Executrices (herein referred to as "Executor"). All references in this Will to my "Executor" shall also refer to my successor Executrix or Executrices, as the case may be. ITEM X: Any Guardian or Executor shall qualify and serve without the duty or obligation of filing any bond or other security. Page 5 of 6 pages. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, this n2„ cJ day of ~~,,.,,~,~„~ , 19$4. YY~, Cvw~ ~', -'r-`~,~-Q,-L ( SEAL ) Niary E. Burkholder We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at h in the presence of each other seals the day and year above w time of the execution thereof and di o ,'ng i d a memory. f/ lam: ,/ ( SEAL ) --~ fir-- ( SEAL ) '~,a2.~.h,,c~~ ( SEAL ) er request and in her presence and have hereunto set our hands and ritten, and we certify that at the the said Testatrix was of sound Residing at: ~j~ ~~~ ~ ~/ ,~7 / Residing at: ~ ,` ~ i s_ ----~ Residing at: ~ ~y''~ Page 6 of 6 pages.