HomeMy WebLinkAbout02-28-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Kt? r r» i ~ ~ L . ~,(JQ ~''{~J ~ %^ ~'r ,Deceased ESTATE NO: 21- ' I ~ O ~ D 9
a/k/a:
aJk/a:
a/k/a: SS NO: I ~3 - / oZ - a 703
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
~ap licable:
.~lA. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters _ ~ .Q ~-~~~y ~~ ~ U under
the last Will of the above-named Decedent, dated _~~} ~~ (p__Z ~~j~ __ and codicil(s) dated _ _ _ __
(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
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(8):
^ B. Grant of Letters of Administration
(Ifapplicable, enter d.b.n., pendent life, durante absentia, durante minoritate)
C. 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 and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:-
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THIS SECTION MUST BE COMPLETED: - `-'
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family o~nncipal reSi'denc~;~ '~'~'
At ~ o ~-/ Nt ~ rk~ -~ 5f~e e-F ~4- / ~ ~n la , ~~ ~?oozs ~' ~;
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then ~ years of age, died Jun uar y ~~, a 0ll at /~ 2~~'ICcn / ~~ 5 bu rq ~i4
(Month, Day, Year of death) (City and State where death occurred)
Estimated value of decedent's property at death:
~/Ifdomiciled in PA All personal property $ ~`~~ /SD . D O
If not domiciled in PA Personal property in Pennsylvania $ ---
_If not domiciled in PA Personal property in County $
-Value of Real Estate in Pennsylvania $ __.__
Total Estimated Value $ 0.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.) n// A-
Signatures) Name(s) & Mailing Address(es)
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interim Fnrm AW_!1'f ro,,;~o.r t~ ~~ in ~.., r....,~..._i..-a n-.._~. ___~_
. ~ ~y .,~..,~.,a„u ww~ry pc„uwg acuon oy me noun ` Page ~ of 2
OATH OF PERSONAL REPRESENTATIVE
Commonwealth of Pennsylvania ~ SS
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County of Cumberland c7 ~~'
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Opp. tom- ~ ;7
The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petitiol~~e a~ ~ _:
correct to the best of the knowledge and belief of Petitioner(s) and that, as personal represe,~~(s) of the _ ,
Decedent, Petitioner(s) will well and truly administer the estate according to law. c-7 0 -n ~~° - -~ ~-
---~ ~ ~~ ~
Sworn to or affirmed and subscribed ,
be re a this ~~~ day of
~~
For the Register
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of ,Deceased File Number: 21-
AND NOW, this day of , in consideration of the Petition on
the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
-Testamentary _ of Administration are hereby granted to:
(If applicable, enter c.ta., d.b.n., d.b.n.c.t.a, etc.)
in
the above estate and that instruments(s) dated described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
Glenda Farner Strasbaugh,
Register of Wills
FEES: Signature of Counsel Required to Enter Appearance
Letters ....................:
Will .......................
Codicil(s) ................
( )Short Certificates
( )Renunciations.....
Bond ............................
Other ............................
.................................
.................................
Automation FEE......... 5.00
JCS FEE ................... 23.50
TOTAL ................$ 28.50
Atty's Signature
PRINTED Name:
Supreme Court ID No.:
Address:
Phone:
Fax:
Interim Fonn RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2
105.805 REV (0 U07r
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 170467 9
Certification Number
This is to certify that the information here given i correctly copied from an original Certificate of Deat duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita :Records Office for permanent filing.
Local Registrar ~ Date Issued
3/~~"opt°0B COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH .VITAL RECORDS
CERTIFICATE OF DEATH
(see Instructions and ezampNs on ravens)
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LAST WILL AND TESTAMENT ~~x ~ =C F ~ ;.;
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KERMIT L. WARNER JR. n ~~ '~` m'
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I, KERMIT L. WARNER, JR., now of 104 Market Street, Apt. 1,
West Fairview, Pennsylvania, being of sound and disposing mind,
memory and understanding, do hereby make, publish and declare this
to be my Last Will and Testament, hereby revoking all other Wills
and Codicils pr~:viously made by me.
ITEM I: I direct that payment of all my just debts,
expenses of my last illness, funeral expenses, and the costs of
administering my estate from my estate as soon after my death as
conveniently may be done.
ITEM II: I bequeath the sum of $3000.00 to Kermit L.
Warner, Jr., my son.
ITEM III: I give, devise and bequeath all of the
rest, residue and remainder of my estate, of every nature and
wherever situate, together with all insurance policies thereon,
unto Loraine B. Howell, Michael H. Warner and Mark Warner, three of
my children, absolutely, share and share alike; in the event any
of my said three children predeceases me or dies within ninety (90)
days of my death, then his or her share to go equally to his or her
children then ]._ving, per stirpes and not per capita, otherwise to
the survivors o~' my said three children.
1 ~~ ~ , ~/~
ITEM IV: I direct that any and all taxes that may be
assessed in consequence of my death, including all inheritance,
estate and transfer taxes imposed upon my estate passing under my
Will or otherwise, shall be paid out of the principal of my
residuary estate as a part of the expense of the administration of
my estate.
ITEM V: I authorize and empower my personal
representative to compromise, adjust, release and discharge in such
manner as my personal representative may deem proper, all debts and
claims owed by or to me or my Estate; to sell, lease or exchange at
public or private sale or in such manner, at such prices, and upon
such terms of credit or otherwise, as my personal representative
may deem proper, all or any part of my property, real or personal;
to exec ute, acknowledge and deliver instruments of conveyance,
including deeds in fee simple; to borrow money for the purpose of
paying estate, inheritance or other taxes which are required to be
paid and to secure any such loans by pledge or mortgage of all or
any part of my property and to execute the necessary instruments to
carry out such powers; to distribute my estate in kind or partly in
money or partly in kind, and to determine the fair value at which
any property so distributed in kind shall be received by the
distributees; to conduct any business in which I have an interest
at the time of my death, for such period as my personal
representative may deem proper, power to borrow money and pledge
assets of the business and the power to do all other acts that I,
in my lifetime, could have done, to delegate such power to any
partner, manager or employee without liability for any loss
occurring therein and to organize a corporation to carry on said
business as capital to such corporation and accept stock in the
corporation in lieu thereof and hold such stock for the uses of
this my Will, and to vote said stock or sell the same as to my
personal representative may seem best; to retain all stocks,
assets, bonds and investments owned by me without being confined to
what is known as legal investments; to execute any options to
purchase, to apply for stocks, bonds or other investments, to
purchase or otherwise acquire real estate and to execute the same
powers thereover as hereinbefore provided, to retain indefinitely
any part of my assets, real or personal, which is or may become
unproductive or to make sale thereof; to pay carrying charges and
expenses of the property out of other principal or income of my
estate; to invest and reinvest in all forms of property without
restriction to investments authorized for Pennsylvania fiduciaries,
as my personal representative deems proper, without regard to the
principle of diversification or risk; to exercise any law-given
option to treat administrative expenses either as income tax or as
estate deductions, without regard to whether the expenses were paid
from principal or income. The powers herein conferred shall be to
my named personal representative and all successors thereto and
shall be in a3dition and not in limitation of other powers
conferred on said fiduciary.
3 fr', L • ~
Any and all payment or payments of any sum or sums, whether in
cash or in kind and whether for principal or income payable to any
beneficiary shall be made upon the sole receipt of the respective
beneficiary to whom the payment is made and free from anticipation,
alienation, assignment, attachment, and pledge and free from
control by the creditors of any such beneficiary.
ITEM VI: All shares of principal and income hereby given
shall be free from anticipation, assignment, pledge or obligation
of the beneficiaries and any of them and shall not be subject to
any execution or attachment, levy or sequestration or other claims
of the creditors of said beneficiaries or any of them.
ITEM VII: I nominate, constitute and appoint my son,
Michael H. Warner, as the sole Executor of this my Last Will and
Testament, to serve without bond. In the event of the
renunciation, death, resignation, refusal or inability to act for
any reason whatsoever of the said Michael H. Warner, I nominate,
constitute and appoint Mark Warner, my son, as the Executor of
this my Last Will and Testament, to serve without bond.
IN WITNESS WHEREOF, I, KERMIT L. WARNER, SR. , have, to this my
Last Will and Testament, set my hand this l~t~t day of
~cr~(~~~~- ~ 20 d`~
/7"D~~QT/ ad ~ ~'~aii~rw~,, ~~ ( SEAL )
E I L. WARNER, SR.
Signed, sealed, published and declared by KERMIT L. WARNER,
4
SR., the above named Testator
i~presence of us, who, in
of each other, have, at his
witnesses hereto.
on the i ~ day of
c for his Last Will and estament,
its presence, and in the presence
request, subscribed our names as
residing at ~d3 ~ Ivy
residing at~j(o~5 ~ ~ ~jJ
a f 73 /9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF D~ SS
WE, the undersigned, the Testator and the witnesses,
respectively, whose names are signed to the foregoing instrument,
being first duly sworn and qualified according to law, do hereby
declare to the undersigned authority that we were present and saw
the Testator sign and execute the instrument as his Will, and that
he had signed willingly and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each of
the witnesses, in the presence and hearing of the Testator, signed
the Will as witnesses and that to the best of their knowledge, the
Testator was at that time eighteen years of age or older, of sound
mind and under no constrain or undue influence, and I, the said
Testator, do hereby acknowledge that I signed and executed the
instrument as my Last Will and Testament, that I signed it
willingly, and what I signed it as my free and voluntary act for
the purposes therein expressed.
Testator KERMIT L. WARNER, SR.
itness
n
itness
Sworn to and subscribed before
me this l(2 u day of t~e~~ ,
2 0 6~jy
Notary PubYic
My Commission Expires:
5
NOTARIAL SEAL
MARY ~. DER RAGE, Notary Public
Fairview Twp, Work County
My Comm~~K'- Expira5 May 7, 2046