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Home My WebLink About04-06-10r PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland Estate of Jane O. Warner also known as COUNTY, PENNSYLVANIA File Number ~J,'`~(/ ~ a tJ+~ Deceased Social Security Number 201-18-9.1,31 Petitioner(s), who is/aze I8 yeazs of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ^/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the last Will of the Decedent dated April 19, 2005 and codicil(s) dated Chazlet A. Warner named in the (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did r-ot 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: ^ B. Grant of Letters of Administration Qfapplicable, enter: c. t. a.; db.n.c.t.a.; pendente life; durance absentia; durante minoritateJ 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.) Decedent, then 86 years of age, died on February 19, 2010 at 825 Burgners Road, Carlisle, Lower Frankford Township, Cumberland County, Pennsylvania, 17015. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 15,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ 0.00 (If not domiciled in PA) Personal property in County $ 0.00 Value of real estate in Pennsylvania $ 0.00 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 appropriate form to the undersigned: Si ture T ed or rioted name and residence a ~ ~O Charlet A. Warner, 825 Burgners Road, Carlisle, Cumberland County, Pennsylvania, 170] 5. Form RW-O2 rev. 10.!3.06 Page 1 of 2 (l,VlY/CLC / G [tV ALL GAJCJ:J AttaCH aQaltlOlta[ SNeetS tf nBCeSSRry. E..~ ~ ' ~ ~, ~ - 82 DBecedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principaf~nce at t.iD - ~' 5 ureners Road. Carlisle. Lower Frankford Township, Cumberland County Pennsylvania 17015 ~. .} ,'--, (List street address, town/city, township, county, state, zip code) ~ "'~ '; . , 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. Swom to or affirmed and subscribed befo me the- ~md'ay~of Forthe Register Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative CJ'? File Number: .G I ~ (~ ' (1 3 Estate of Jane O. Warner ,Deceased t~v ~.. - 't7 ;- : - ~ _, ; i { ~ _,. ~ t .~ -''"V5 W -; ` Social Security Number: 201-18-9131 Date of Death:February 19, 2010 AND NOW, ~ ~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, I EC ED that Letters Testamentary are hereby granted to Chariot A. Wazner, 825 Burlr-ers Road, Cazlisle, Lower Frankford Township, Cumberland County, Pennsylvania. in the above estate and that the instrument(s) dated April 19, 2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES a~ Letters ............... $ Short Certificate(s) ........ $ c~ Renunci tion(s) .......... $ --'- ... $ Sc~a f~ _ ... $ S`.c~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ ~,j D 0.00 Attorney Signature: Address: Griffie and Associates Telephone: 200 North Hanover Street Carlisle, PA 17013 17)243-5551 Form RW-01 rev. 10.13.06 Page 2 of 2 Supreme Court I.D. No.: 34349 _ H105.905 REV.(3/09) - _ _ - - _ ~ - - - This is to certify that this is a true copy of the record which is on 61e in the Pennsylvania Department of Health, in accordance with the Vital Statistics Law of 1953, as amended. ZI-~~-0358 WARNING: It is illegal to duplicate this copy by photostat or photograph. C ~. Cdx.:~.2ia___ Linda A. Ganiglia State Registrar I;~,~ - `./ R10S1aT REV 11/NCa TYPE /PRIM W PERtMNENT BUCK WK .~ 5446988 . dlOrrrt PomiR No. c~~t~ ~ ~ :'~ 1 o O ,o ; ;=?? «J-, --, vii ( ~"- „ ~ '7l ~ ._ -. .., '. Jo Y'Y ' 7 , ~ ..• ~') W ~ No. MVAR p 5 2014 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS Date CERTIFICATE OF DEATH (Sss instructbns and examples on roveroe) 1. Rrr r Dradra Iwa, niadfs, bK aJM) a 90: 1 Boar SYnwq tMnbr - - - -- ~. Wb r Doom plwl ary. n•n Jane O. Warner F 201 - 18 - 9131 2/19/2010 s. 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WARNER, of 825 Burgners Road, Cazlisle, Cumberland ~ounty, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declaze this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my Executor hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate, including all taxes that may be assessed in consequence of my death, as spon after my death as is reasonably possible from the proceeds and assets of my estate prier to any other distributions. However, my Executor need not accelerate and pay those u~natured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave mazker at the time of my death, I authorize my Executor/Executrix, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave mazker at my grave, `~ and to expend sums from my estate for this purpose. GRIFFIE & ASSOCL4TES Attorneys At Law 2001V. Hanover Street Carlisle, PA 17013 Page 1 of 9 N C.:1 O ~' ~I7 I Cn l17 .s- c.s 100 Lincoln Way 1~ast, Suite D Chambersburg, PA 17201 " 7 1 r .; ~...~ r. ^~ w= ~i..~.7 .. .~. t' ~ ?":) ?; SECOND I give, devise and bequeath my entire estate of whatsoever nature and wheresoever situate, together with all insurance proceeds thereon, to my daughter, CHARLEY ANN WARNER, providing she survives me by sixty (60) days. I direct my Executor/Executrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a separate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible personal property be divided between my residual beneficiaries with dote regazd for their personal preferences in as nearly equal shazes as practical, with the value of such dispositions being credited to the shaze of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my Executor/Executrix, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be fmal and conclusive on all parties. THIRD In the event my daughter predeceases me or dies on or before the sixtieth (60~') day following my death, I give, devise and bequeath my entire estate of whatsoever nature and wheresoever situate, together with all insurance proceeds thereon, in equal shazes to my granddaughters, JAMIE S. SWARTZ and JACKIE L. WARNER, providing they GRIFFIE & ASSOCL4TES Attorneys At Law 200 N. Hanover Sheet Page 2 of 9 Carlisle, PA 17013 100 Lincoln Way 1East, Suite D Chambersburg, I PA 17201 survives me by sixty (60) days, per stirpes. I direct my Executor/Executrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a separate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible' personal property be divided between my residual beneficiaries with due regard for their personal preferences in as nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my Executor/Executrix, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. FOURTH It is my specific desire that the property located at 825 Burgners Road, Carlisle, Cumberland County, Pennsylvania, not be sold by my personal representative, trustee or guardian herein named. After my death, ownership of said property shall ve$t in my grandchildren, JAMIE S. SWARTZ and JACKIE L. WARNER, as joint tenaints with the right of survivorship and not as tenants in common, reserving a life estate in my daughter, CHARLEY ANN WARNER. Any mortgage or other indebtedness which shall exist in connection with said real estate at the time of my death shall be satisfied 200 N. Hanover Street. Carlisle, PA 17013 GRIFFIE & ASSOCL4TES Attorneys At Law Page 3 of 9 100 Lincoln Way jEast, Suite D Chambersburg,',PA 17201 from estate assets prior to any distribution to named beneficiaries under the terms of this my Last Will & Testament. FIFTH I grant my Executor/Executrix the following powers in addition to and not in limitation of such powers as my ExecutorlExecutrix shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my Executor/Executrix the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCL4TES Attorneys At Law Page 4 of 9 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my Executor/Executrix shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. 200 N. Hanover Sheet Carlisle, PA 17013 GRIFFIE & ASSOCL4TES Attorneys At Law Page 5 of 9 I00 Lincoln Way East, Suite D Chambersburg, PA 17201 SIXTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Executor/Executrix for the liability of such beneficiary. SEVENTH I nominate, constitute and appoint my daughter, CHARLEY ANN WARNER, as Executrix of this my Last Will and Testament. In the event my daughter is deceased, unable or unwilling to serve or shall cease to serve for any, reason whatsoever, then I nominate, constitute and appoint my granddaughters, JAMIE S. SWARTZ and JACKIE L. WARNER, as Co-Executors of this my Last Will and Testament. I direct that my Executrix shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. EIGHTH I hereby declare it to be my expressed desire that my Executor/Executrix employ Q the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may ariise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCL4TES Attorneys At Law Page 6 of 9 100 Lincoln Way East, Suite D I Chambersburg,'~ PA 17201 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of nine (9) typewritten pages, the first six (6) of which bear my signature on the side margin, for purpose of identification, this ~ ~l~ day of ~ ,~ p , 2005. WITNESS: .; ANE O. WARNER C:~n 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCL4TES Attorneys At Law Page 7 of 9 100 Lincoln Way fast, Suite D Chambersburg, ~A 17201 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND . I, JANE O. WARNER, the Testatrix whose name is signed to the atn*ached or 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. J O. ARNER Sworn or affirmed and acknowledged before me by the Testattrix this ~" day of , 2005. NOTARUU.SEAL ROBIN 1. ®OSNORN, NOTARY MIBIJC CARLISLE BORO.~ CUMBERLAND COUNTY MY COMMISSION EXPIRES APRIL 1 2007 GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 8 of 9 100 Lincoln Way 'East, Suite D Carlisle, PA 17013 Ckambersburg, I PA 17201 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND ~, _ ~u f I ~~~, ~ r~ u S and the witnesses whose names aze attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more yeazs of age, of sound mind and under no constraint or undue influencie. ~~` .cam. Sworn or affirmed and subscribed before me by a and r - this ~q~- day of ~ , 2005. ~ ~~ Notary Public NOTARIAL SEAL ROBIN 1.60SNORN, NOTARY PUBLIC CARLISLE $ORO., CUMBERLAND COUNTY MY COMMISSFON EXPIRES APRIL I7 20r,7 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE 8c ASSOCIATES Attorneys At Law Page 9 of 9 100 Lincoln Way last, Suite D Chambersburg, RA 17201