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HomeMy WebLinkAbout11-30-10~, PETITION FOR PR/O~~ BATE A/ND GRANT OF LETTERS REGISTER OF WILLS OF l .urw~l2'A~l COUNTY, PENNSYLVANIA Estate of d.~0 ~ \ ~~/ ~ ~ ~ `A. ~ 'P ~(L. File Number c~'~ ~ ~ ~ ~ / ~ / also known as 51'a+~ e. Deceased Social Security Number ~ ~ l - ~~ ~'z ~~ Petitioner(s), who is/are 18 years 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 I~RSOIa ~' named in the last Will of the Decedent dated Ike Ati(ouS'f ~~q 4 and codicil(s) dated 1 ~n `~ GC1ST' ( q ~ ~~ ~-, ° (State relevant circumstances, e.g., renunciation, death of executor, etc.) ~ ~ ~~~ ~;:"~ __i _ ,, Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of ~ttent(~nffere~~ ''-=7 for probate, was not the victim of a killing and was never adjudicated an incapacitated person:. ~~ r-,,~~_,.~ ~ - __ . - ,. C ;C7~ ~ -- B. Grant of Letters of Administration '-p ~ tU ~-- r~ (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante~inoritate) {,~ `~ -_, ..,,1 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.) Name Relationshi Residence (COMPLETE IN ALL CASES:) Attach additional sheets if nece1ssary. Decedent was domiciled at,~adeath in Nvb 2 (L ~ County, Pennsylvania w(th his /her last principal S.~t.4 1,~ s bu a N n A-o . ~ ~R ~a . LL. . e~ ~ A, g nt~ o Ct')t ~t~1 (List street address, town/city, township, county, state, zip Decedent, then ~~ years of age, died on ~GIa~P 2 ~ tQ ,~ ~t~ 3 ~ l n /*~ Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ / X00 i (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estatfte in Pennsyl~vania /~ l\ (~ $ /j'~ 10O© situated as follows: ~ , ~_~.n,.1n.~AS~- JCV t~ ., l ~,•• n \~F.,1 ! 1'A 1`1~ ~ 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: ~~ afore T d or rinted name and residence " 3 t Z 'BL.hC tC s nvl t-r N (~ 1~ - ~ ~ 1~®W A ~ 1~ ~C-l. ft I (3t~ C Psr~n ,p t-1 ~ ~ l_ t ~ ~ 1 -10 f 1 Form RW-02 rev. 10.13.06 Page I of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA /~ SS COUNTY OF lC , ~ ,~ ~P~ I C~Yt~ 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 the ~ day of b~ aoi c~ For a Register Signature of Personal Representative r.~ a Signature of Personal Representative ~ C7 0 _T- -~~'~ 17~ r-rt n ~ ~ J s, ) Signature ofPersanal Representative .~ Z ~ W t~' t. ;i .~ F: 747 .'F C c`Z 1- I d - 11 '7' ~ ~' ~, ~=.'~ ~ti~ File Number: Estate of ~aa'Kr...t 1 ~ 1t. \ Flo ~bPdL ,Deceased Social Security Number: 5 7 ~ ' _ Imp gZ~ Date of Death: ~cTaeee. ~v ~Zd ~ ~ AND NOW, ~ ~ ~ (Jf" f VD ~.V . ~oI D , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED th t,Letters are hereby granted to IT ~ 17(,1•_- /,~.`K~A t ~ ,, . 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)) of Decedent. FEES Letters ............... $ ~~OQ• Short Certificate(s) ........ $ ~ QQt Renunciation(s) .......... $rJ • Q(7 Ml~l~ ... $ t~,©~ ...$ ~~.~ ... $ ~,~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 0.00 Attorney Name: Supreme Court I.D. No.: Address: Telephone: Form RW-01 rev. 10.13.06 Page 2 of 2 r~u~iucy aiyua~uic: tO5.gU5 NEV (0007) ~ ~ -la- I 1 ~7 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 16805550 Certification Number U FlfV i1Q008 E I PRMR OJ ~1MnNExr 0.ACI( nil( This is to certify that the information here given i correctly copied from an original Cer tificate of Deat duly filed with me as Local Registrar. The origi certificate will be forwarded Co the State Vita Records Office for permanent filing. ~~.~> ~ ~ OC~T 171010 Local Registrar Date Issued hJ t~ m ~ O t~ r ~> Z t_ ~ O C!a ~ ~; r`7 . ~ .... C70 c7 O -n = ~ =.,, ,~.~ ' ~,] C , = '"j tlt ~,o ~~ --- i -..t COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS CERTIFICATE OF DEATH (See Inatructlone and exampbe On ro9reree) sTATE FILE NUMBEFI 7. Nair d Deoadan IFi•L nYdds~ reL 2 Sr 3. Saow Sawny Number /. Dale d DeWI IMartlr. tr9, Y•a) emale 574 -10 -8230 Oct:26 2010 l ib t~ er y T. K a Doro 5. Aq Ifam gddey) undr 7 lkma 1 8. oar d Bn3r 7. end eme a Be. Pies d deem ar Nawnel. onrr 99 ~oiMr ~'" Naun rw~ Aug.8,1911 Renova,PA ^ hpetled ^ ER ~ augwm ^ oat ^ Naip Nara Rrldnoe ^ Derr - sPedq: VB. 3b. Can1Y d Daedt 9c C0.Y~ Bob, Tw~ d Oeatlr 8d Fr>101y Nana In M betlaabn, ON• atrrt end nuMSr) B. Wr Derederd d 19eDaie OdplnT ^ Yet 10. Rea: Amader hidrl Brch, WhM, eb. (n rw a•wr cumn, IsordM . mrdeen, Puab Rben, re.) Cumberland Lower Allen 824 Lisburn Rd 11. Dardata UrW dwak der rrrmd W. Do ntf ari 12 Wr~Derdaa ww b ri 13. DenOan'e Eduoaeon (sP•dY ~' ~~ Br•d• ~^Orbd) 11. MWm SWr: Memed, Neva LWriad. 15. 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KLAIBER `~~ r:~ ~__. `_", a cn "' `- .~.~ I, DOROTHY T. KLAIBER, Social Security Number 574-10-8230, of the Commonwealth of Pennsylvania, declare that this is my LAST WILL AND TESTAMENT and I revoke all other wills aro' codicils previously made by me. FIRST: I appoint my sons, BENRY A. RLAIBER and DONALD A. RLAIBER as my Co-Personal Representatives concerning this Will. a. I request that my Personal Representatives 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 Representatives 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 Representatives are unable or do not desire to qualify as ancillary legal representatives, I appoint as such ancillary legal representative such individual or corporation as my Personal Representatives shall designate, in writing. b. I direct my Personal Representatives 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 Representatives the power to extend or renew any debt for such time as my Personal Representatives 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 Representatives may pay such taxes at any time deemed advisable, whether or not then due and payable. d. My Personal Representatives are requested to settle my estate as soon after my death as may be practicable, and to pay or deliver every legacy or bequest to my beneficiaries without waiting any time that may be believed to be customary in probate matters. PAGE 1 ~ ~ OF 5 PAGES e. I may leave a letter of intent with the executed copy of this Will for the purpose of giving guidance to my Personal Representatives concerning the distribution or sale of certain items of my property. I request, but do not require, that my Personal Representatives honor my wishes therein expressed. SECOND: 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 sons, BENRY A. RLAIBER and DONALD A. RLAIBER, in shares of substantially equal value to be divided as they may agree. a. If any of my children shall not survive me, then the share of that deceased child shall go to the descendants of that child, who are to take per stirpes and not per capita. If any of my children shall not survive me and shall not be survived by any descendants, then the share of that deceased child shall be distributed to my surviving children and the descendants of any of my other children who fail to survive me, in the manner set forth above. b. If they are unable to agree, the division among my children and the descendants of any of my children who fail to survive me 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 my said children 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. TBIRD: In the event that r_one of my children and none of their descendants shall 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, to my sisters, BETTY RIRR and PAULINE REPLER, or to the survivor, in shares of substantially equal value, to be divided as they may agree. 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. ' PAGE 2 -%~ OF 5 PAGES `` ~y~~// FOURTH: If there is a complete failure of takers under the preceding paragraphs, the property undisposed of shall go to my heirs determined at the time of my death, pursuant to the Statutes of Descent and Distribution in effect, in the state of my domicile, at the time of my death. FIFTH: 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 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. SI7CTH: 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. SEVENTH: Any beneficiary who fails to survive until one hundred twenty (120) hours after my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be disposed of accordingly. PAGE 3 ~'~~ a-~ OF 5 PAGES // EIGHTH: Definitions: a. The term "children" as used in this Will includes adopted and afterborn persons. The term "children" as used in this Will shall not include step-children, the natural born or adopted children of a person's spouse who are not the natural born or adopted children of the person. A relationship by or through legal adoption shall be treated the same as a relationship by or through blood for purpose of succession to property under this Will. b. 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. c. The term "Personal Representative" as used in this Will means Executor, Executrix, Independent Executor, or any other title of like import which is used to describe such a fiduciary. d. 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. NINTH: In addition to any powers granted by the laws of the state 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. TENTH: 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. ~%~ ' ; PAGE 4 i~ OF 5 PAGES ~,.../ IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this 16th day of August, 1994, set my hand and seal to this my LAST WILL AND TESTAMENT, consisting of 5 typewritten pages, each page bearing my handwritten signature. ~~ ~ (SEAL) DOROTHY T~ RLAIBER The foregoing instrument was, at Carlisle Barracks, Pennsylvania, this 16th day of August, 1994, signed, sealed, published and declared by DOROTHY T. RLAIBER, the testatrix, to be her LAST WILL AND TESTAMENT 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 testatrix is of sound and disposing mind and memory at the date hereof. (~ ~ OF ~;~.1'i ~S ~ , ~~ i~o~3 OF /76/3 ~~lsl 0~ 170~~ ' PAGE 5 C~f~/ OF 5 PAGES ~~~ COIYIIrtONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ACKNOWLEDGMENT I, DOROTHY T. RLAIBSR, testatrix, 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. C~'`J(YG~ L% ~ ~~~~e/~~ ( SEAL ) DOROTHY T RLAIBER AFFIDAVIT We, ~S~ (7'~'a2~c , ~ rLZh2. ~~~ IX..S . and ~nfln ~ M If IQr , 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 testatrix sign and execute the instrument as her Last Will; that the testatrix 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 testatrix signed the will as a witness; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~~ ~~~~ - Witness Witness Wit ss Subscribed, sworn to and acknowledged before me by DOROTHY T. RLAIBER, the testatrix, and subscribed and sworn to before me by FS ~~ ~~~~Gt , ^~ r . v--~ ~ l l.X.. S and JD~, F Mll~Pl , the witnesses, this 16th day of August, 1994 NOTARY UBLIC Commission Expires: Notan~ Seal R~bNc C Z~' ~~ Member Pe~Ass°aati°n n ry ° RENUNCIATION ~~ ~ ~~ T f f it ~ +C ~ ~., ~ . ~ y ~ to ,~, _, REGISTER OF WILLS ~ ~ % ~ -> ~-~ .~„ - '' Cumberland COUNTY, PENNSYLVANIA .:~ ~ ~ ~- ,? _ --+ _,~ ~ ~ Estate of DOROTHY T. KLAIBER ,Deceased I, HENRY ALLEN KLAIBER , in my capacity/relationship as (Print Name) CO-PERSONAL REPRESENTATIVE of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to DONALD A KLAIBER, CO-PERSONAL REPRESENTATIVE ~ 1 an~~ (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Q (Signature) 6516 DORNACH DRIVE (Street Address) GREENSBORO, NC 22410 (City, State, Zip) Executed out of Register's O, fJftce Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this 1 !o r~ day of ~OYEm BER, o?O ~ ~ Deputy for Register of Wills `,~~,i~• G~NF~ ~'~,,~ Notary lic V ,My Commission Expires: ~ wrt15 p21~ ~ S ? Q' tARY •`. h ~ Z ~Signatttre and Seal of Notary or other official qualified to PU~~~G administer oaths. Show date of expiration of Notary's Commission.) i~~q~q NCE `GO ~~ Form RW-06 rev. 10.13.06