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HomeMy WebLinkAbout04-30-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of John A. Bernard File Number J ~ ~~ - ~~ - also (mown as ,Deceased Social Security Number 161-32-3965 Sharon L. Bar o Petitioner(s), who is/are IS ye of age or older, apply(ies) for. (COMPLETE 'A' or 'B' BEL~W:) ® A. Probate and Grant c}f Letten Testamentary and aver that Petitioner(s) is /are the Executrix last Will of the Decedent dated 12/9/1997 and codicil(s) dated (Stan 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 bom or adopted for probate, was not the victim of a killing and was never adjudicated an incapacitated person: in the W ri` C _x.~ ~) offer -=y --1 Q a ^ B. Grant of Letters of Administration ... ~ ~ (-- (Ijapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendentelite; duranteabsentia; duranteminoritate Petitioner(s) after a proper seatch has 1 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 was domiciled ak death in Cumberland County, Pennsylvania with his /her last principal residrnce at (List street address, town/ciry, to~nship, county, state, zip code) Decedent, then 70 years of age, died on Apri18, 2010 at 14 Palmer Drive, Camp Hill, PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 250,000.00 (If not domiciled in PA) Personal property in Pennsylvania S (If not domiciled in PA) Personal ProPertY in County $ Value of teal estate in Pennsylvania $ 100,000.00 situated as follows: 14 Palmas Drive, Camp Hill, PA 17011 Form RW-01 rev. 10.13.06 Page I of 2 (COMPLETE WALL CASEtS:) Attach additional sheets if necessary. Wherefore, PetitioMr(s) respectfiWlly 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: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF C ~lN71 ° ` The Petitioner(s) abode-named swear(s) or affirm(s) that the statements in the foregoing Petition are hue and correct to the best of the knowledge and belie$of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate aceprding to law. Sworn to or affirmed and subscribed ~J ~/S~ _t_:~ •r~ _~ -17 ~::~ ti ~~~ a. C.,::~ - , _: ~ -... - ?i 1T ~:? ~' i Deceased Estate of ~6~ ..~ 39~s.- Date of Death: y~~/~a/w Social Secrpr' Number: ,~7 AND NOW, ~` G/o, in cons eration o the foregoing Petition, satisfactory proof having been presented be ore e, IT IS DECREED that Letters ~~~r11 °c_.rJ'°X c`~_._._ ~ ~-~ are hereby granted to Register File Number: Signan~re ojPersonal Representative and that the instrument(s) dated ! /°CU'f77Lt`~ ~,~ ' ~'~ described in the Petitidn be admitted to probate and filed of record a~ EES ~ ~~,,/~ Letters ............... $~:,~Yd1=- Short Certificate(s) ........ $___~~n. Renunciation(s) ... $~ i ... $ `~~ __ .. $ ... $ ... $ Fa•ni RW-Il? rev. lO.f306 .. $ .. $ ... $ TOTAL .............. $ ` the t ~' day of last Will (and Register of Attorney Signature: Attorney Name: ~ ~ " "' ' - Supreme Court I.D. No.: ~e~~ Address: Ol ~ /'~! ~~Q/J~ J T/~` ~~Q~` Telephone: ` ~~7J 79~ `~~~ Page 2 of 2 in the above estate 105.805 REV (01/07) lG~~~•~( ./~ 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 16204947 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Deatll duly filed with me as Local Registrar. The original certificate will be' forwarded to the State Vital Records Office for permanent'filin AP~ 1 0 2010 c Regis Date Tssued X1ilU le`/11a111 IYN:INrIIN NNYMlrI COMMONVIE11lTH OF p@NN6YLVANIA • pBPARTMBlIT Of H6AlTM • VITAL 11ECORDa CERT~ATE OF DEATH lei lw•M.elIM~ rN efMnelN ell /ellelfet rr.1e ~ tale x.71 C7 ° CQ o ~~~ ~ •~~~+V-- t°vi~ O ,~ ,..s ~ ~~ ~> r R~ `~ ~+J _~ C:~ 1 '.l (? r '"7 :xJ [7 CSl ;T r'j j v; i ~~ - ~' Male lfil - 32 - 3965 A ril 8, 2~1D . a R ~. IMIrI .a. a.. aerr /. rrrr GIY. -.. yy lere4 rr ~, 70 rn February 22, 1940 pennaylvania wr oa xrN rrr~ ar• ~,rr ~ pF Trrr K rrBwrMMre4lnMrrr.rM 4el rlpA N M e 1Re. ArIM Cumberland Low r Allen Twp. 14 Palmer Drive reM ~~ Ntlite lan.ar.rrr I rrrR ur+Ml ar4Mwe.r•N arrwl u aararrrrwn utw.rrrr+ / ple nrw • 9Pidowed tsrn[ Menuf ©rr ^Ir 12 a ui g. M4!Chanist q p ran p pA uwr• fx {o TKarIYIIMIr Lower Allen iw. 14 Palmer Drive .rra.arr„~~ a ~~~ :l Q~°~R' ir"I'K oArR'" Camp Hill, PA 1701 i l ,xann Cumberland Anthony Beznard '~, Verna Hainee ' 14 Palmer Drive Camp Hill, PA 17011 Sharon L. 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P - Cumberland Courtby, `~~~-; Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my LAST WILL and TESTAMENT, hereby revoking any and all Wills and Codicils previously made by me. I I declare that I am married to HILUA B. BERNARD, and that I have two (2) children, CATHY A. BERNARD, born January 5, 1963 and SHARON L. BARGO, born August 8, 1971. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IV I hereby specifically bequest and devise to my daughter, CATHY A. BERNARD, the 1998 Chrysler Town and Country Danbury Mint Car. I hereby specifically bequest and devise to my daughter, SHARON L. BARGO, the 1953 Chevrolet Pick Up Danbury Mint Car. I hereby specifically bequest and devise to my son-in-law, VINCENT BARGO, my Benjamin Sheridan .22 caliber air rifle, provided he is still married to my daughter, SHARON, upon the date of my decease. V I give, devise and bequeath all my remaining property, whether real or personal, wherever situate, including any property over which I may have a power of appointment to my wife, HILDA B. BERNARD, provided that she survives me by thirty (30) days. VI If my wife, HILDA B. BERNARD, shall predecease or fail to survive me by thirty (30) days, I give, devise and bequeath all of my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment, to my children, CATHY A. BERNARD and SHARON L. BARGO, in equal shares, per stirpes. VII If my wife, HILDA B. BERNARD, and all of my children shall predecease or fail to survive me by thirty (30) days and if I have grandchildren living on my date of death who inherit property. pursuant to this Will then their property is to be distributed to them pursuant to the terms of the hereinafter included Trust. VIII TRUST If my wife and children shall fail to survive me by thirty (30) days and I have any grandchildren who are under the age of eighteen (18) years who survive me, I appoint my wife's brother, DALE E. BUBB, as Trustee of the property that I have given to my grandchildren. If DALE E. BUBB is unable or unwilling to act as Trustee, then I appoint my nephew, MARK CURTIS, as Trustee. A. The assets that are transferred to the Trust shall be divided into approximately equal shares for each of my grandchildren under the age of eighteen (18) years of age. B. The Trust estate shall be administered until each grandchild reaches the age of eighteen (18} years. Until that time, the Trustee shall apply all net income and principal of the Trust estate as follows: 1) So long. as my grandchild is under the age of eighteen (18) years of age, the net income of the Trust shall be paid to, or applied for the benefit of my grandchild at such times and in such amounts as the Trustee shall in his discretion deem necessary for his support, welfare, maintenance and education. Education shall be defined broadly to include not only that available in college, but also trade school and other similar training. In the event that the income shall be insufficient to provide my grandchild with adequate maintenance, support, welfare or education, the Trustee may invade the principal of this Trust for this purpose. 2) The Trustee in exercising his discretionary authority with respect to the payment of income or principal of the Trust Estate to my beneficiary, shall take into consideration any income or other resources available to my grandchild from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusive on all persons howsoever interested in the Trust. 3) The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. 4) In the event my grandchild predeceases me or dies prior to the termination of this Trust, the interest of my grandchild in the Trust shall cease, except that, if he is survived by any children, then the Trustee shall pay net income of the Trust to or apply the same for the benefits of such children of my deceased grandchild, in such amount or amounts as the Trustee in his sole discretion may determine for support, welfare and maintenance. C. When my grandchild reaches the age of eighteen (18) years, a calculation of the property remaining in the Trust shall be made and the total thereof shall be distributed to him or her. D. My grandchild, as beneficiary of this Trust, shall not have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution or other process of law. E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in addition to all other powers granted by this Will, or by law, shall have the following powers over the Trust estate, subject to any limitation specified elsewhere in this Will: 1) To retain any property received by the Trust estate for as long as the Trustee considers it advisable. 2) To .spend funds for the maintenance and repair of real property. 3) To sell at public or private sale, exchange or lease for a period of time, any real or personal property and give options for sale of the lease. 9) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. The Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (5d:) percent of annual income. 7) To distribute property in kind. S) To do all other. acts that are in his judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. IX I nominate, constitute and appoint my wife, HILDA B. BERNARD, as Executrix of this LAST WILL, to serve without bond. If my wife is unable or unwilling to act in that capacity, then I nominate, constitute and appoint my children, CATHY A. BERNARD and SHARON L. BARGO, as Co-Executrixes of this LAST WILL, to serve without bond. If either is unable or unwilling to act in that capacity, then the other alone may act as Executrix of this LAST WILL, to serve without bond. . ,~ IN WITNESS WHEREOF, I, JOHN A. BERNARD, have set my hand to this LAST WILL this Gl' day of ~,p,G ~ , 1997. N A. B RNARD Signed, sealed, published and declared by the above-named JOHN A. BERNARD, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. F COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ACKNOWLEDGEMENT ss. I, JOHN A. BERNARD, 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 as my free and voluntary act for the purposes therein expressed. N A. B R ARD Sworn or affirmed to and acknowledged before me by JOHN A. BERNARD, Testator, this ~ .~-t- day of ~~,,,,,~~ , 1997 . ~~,1 ~ ~~ Y'' B ri~ ~~ofP~~~~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~G~ otary Public Notarial Seal Luanne M. Heikes, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Dec. 6, 1999 AFFIDAVIT 5s. We, K,M-1~~(L~(61~N4S and /VI~~~L ~, l~~i~1~1~, the witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his LAST WILL; that JOHN A. BERNARD signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge, the Testator was at the time 18 .years of age or more, of sound mind and under no constraint or undue influence. Sworn or this ~ ~ day w-,, J ,~, '~? ~~~ '. 1'1 -~ 9r J', 4 ,.: r ~`s. ,al ',J'r ,,~~,~' .. ;~F.., of armed to and acknowledged before me of ~ 1997. ~. otary Public Notarial Seal Luanne M. Heikes, Notary Publk; Mechanicsburg Boro, Cumberland County My Commission Expires Dec. 6, 1999